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Tampa City Council

Thursday, February 23, 2006

9 a.m. session


09:17:49

09:18:55 >>SHAWN HARRISON: Tampa City Council is called to

09:18:56 order.

09:18:57 The chair will yield to Mary Alvarez.

09:18:58 >>MARY ALVAREZ: Thank you, Mr. Chairman.

09:19:01 This morning it gives me great pleasure to introduce

09:19:04 the Reverend Leah Willets from the First Methodist

09:19:10 Church to give our invocation.

09:19:12 She has been with us many, many times in the past and

09:19:15 I always welcome her.

09:19:17 Please stand for the invocation and keep standing for

09:19:20 the pledge of allegiance.

09:19:22 >>> Thank you.

09:19:27 All mighty God, we your people praise you.

09:19:34 We call upon your spirit of the living God fall afresh

09:19:38 upon us.

09:19:39 Spirit of the living God, fall fresh among us.

09:19:46 Help us to be the women and the men that we need to

09:19:49 be, that stand for equality and justice.

09:19:54 Today, O God, we come to pray for guidance to make

09:19:57 decisions in the City Council.

09:19:59 We pray for peace upon the earth.




09:20:02 We pray for your blessing.

09:20:06 Bless our City Council members, that each one of them

09:20:09 in making decisions listening to your voice.

09:20:14 Bless our Mayor Pam Iorio that she may have the wisdom

09:20:20 and the strength to lead our city to higher grounds.

09:20:25 And, God, we ask you bless the City of Tampa, beloved

09:20:28 city, that it will become the city of God, where hope

09:20:33 and love, peace and join, reigns in every community.

09:20:38 And we pray all this in faith and in hope, because our

09:20:44 God, we trust you.

09:20:44 We trust our lives to you.

09:20:47 We pray in the name of God our creator, and the people

09:20:51 of God say amen.

09:21:00 (Pledge of Allegiance).

09:21:09 >>SHAWN HARRISON: Roll call.

09:21:10 >>JOHN DINGFELDER: Here.

09:21:12 >>LINDA SAUL-SENA: Here.

09:21:12 >>MARY ALVAREZ: Here.

09:21:14 >>ROSE FERLITA: (No response.)

09:21:16 >>KEVIN WHITE: Here.

09:21:18 >>GWEN MILLER: (No response.)

09:21:20 >>SHAWN HARRISON: Here.




09:21:22 Chairman miller is ill and will not be in attendance

09:21:27 today or at tonight's meeting.

09:21:31 Do we have any ceremonial activities this morning?

09:21:35 No?

09:21:36 We need a motion to move agendaed public comment to

09:21:39 follow approval of the agenda.

09:21:40 >>MARY ALVAREZ: So moved.

09:21:43 >>LINDA SAUL-SENA: Second.

09:21:43 (Motion carried).

09:21:46 And the clerk is also requesting today that we move up

09:21:49 the committee reports to after the agendaed public

09:21:51 comments.

09:21:51 So we need a motion for that as well.

09:21:54 >> So moved.

09:21:55 >> Second.

09:21:55 (Motion carried).

09:21:56 >>SHAWN HARRISON: All right.

09:22:01 Do we have any corrections to the agenda this morning?

09:22:07 Or anything you want to be pulled?

09:22:09 >>LINDA SAUL-SENA: Mr. Chairman, I just want to

09:22:12 clarify when the public would be allowed to speak in

09:22:14 reference to the discussion of the museum.




09:22:17 Will they speak before the administration's

09:22:21 presentation, or after the presentation?

09:22:25 >>SHAWN HARRISON: Well, it's not actually set for any

09:22:27 sort of public comments.

09:22:30 So I think it would be right now.

09:22:32 Now, we can waive the rules at the time of the

09:22:34 presentation if we have unanimous consent to waive the

09:22:37 rules to allow additional comment.

09:22:39 If anyone wants to speak on the museum presentation at

09:22:42 the very beginning of the meeting, that will be your

09:22:44 opportunity to.

09:22:45 Not quite yet.

09:22:55 >>LINDA SAUL-SENA: I wanted to clarify that.

09:22:56 I would prefer that the public have an opportunity to

09:22:59 speak after the administration's presentation, and

09:23:03 then before council takes any action.

09:23:05 So I just want to clarify that, so that they can speak

09:23:08 then rather than now during this public commentary

09:23:11 opportunity.

09:23:11 >>ROSE FERLITA: Mr. Chairman, I concur with Ms.

09:23:14 Saul-Sena.

09:23:15 I think after the administration presents what they




09:23:17 want to present, that's a better time for somebody to

09:23:20 agree with it, support it, counter it, do whatever.

09:23:23 I'm looking forward to comments after that for or

09:23:25 against.

09:23:25 >>SHAWN HARRISON: Okay.

09:23:27 Then that will require unanimous vote of council to

09:23:30 amend the agenda.

09:23:31 >>MARTIN SHELBY: Unless this is done at this point in

09:23:34 the agenda, for the approval of the agenda, when it

09:23:36 would be a majority vote.

09:23:37 This is the only point for majority vote would be

09:23:42 appropriate.

09:23:42 >>LINDA SAUL-SENA: That would be my motion, to allow

09:23:44 the public to speak to the issue of the museum after.

09:23:50 >>SHAWN HARRISON: We have a motion.

09:23:52 We have a second do. We have discussion?

09:23:54 All in favor?

09:23:55 Opposed?

09:23:56 Motion carries.

09:23:57 All right.

09:23:59 So everybody understand if you want to speak about the

09:24:01 museum, you can do that after the mayor's




09:24:02 presentation.

09:24:03 Anything else on the agenda that you would like to

09:24:05 speak about during the regular audience comments.

09:24:08 All right then, do we have any other changes to the

09:24:11 agenda?

09:24:12 >> Move approval.

09:24:15 >> Second.

09:24:15 >>SHAWN HARRISON: All in favor of the approval of the

09:24:17 agenda as amended signify by saying Aye.

09:24:19 (Motion carried).

09:24:22 So we are now in audience comment.

09:24:24 If anyone in the audience would like to speak on any

09:24:26 item that is on the agenda that is not set for a

09:24:29 public hearing, that is not the museum, now is your

09:24:33 time to come up and speak.

09:24:43 >>> My name is Lena young and I live at 3406 north

09:24:47 Cleveland Avenue.

09:24:48 I would like to speak on item number 55, the CRA for

09:24:52 the police department area.

09:24:56 And we have been doing --

09:24:59 >>MARY ALVAREZ: That's a public hearing.

09:25:00 >>SHAWN HARRISON: Okay, ma'am, that is a public




09:25:02 hearing.

09:25:02 So there will be separate audience comment for that at

09:25:04 the time that presentation is made.

09:25:08 >>> Okay.

09:25:09 So that will fit into the time it's scheduled for?

09:25:12 >>MARY ALVAREZ: It will.

09:25:13 >>SHAWN HARRISON: Keep your fingers crossed.

09:25:34 >>> My name is Vicki Pollyea, I reside at 1311 South

09:25:39 Moody Avenue. I'm here to speak about agenda item

09:25:41 number 23.

09:25:42 As president of the Bayshore Gardens neighborhood

09:25:44 association.

09:25:45 We are in the process of planning the centennial.

09:25:48 Yes, that's centennial, 100 years of Palma Ceia

09:25:53 springs, which is now known as Fred Ballpark.

09:25:57 We have been working with the county and the city in

09:25:59 pursuing this and trying to create a Sunday afternoon

09:26:05 in the park.

09:26:07 And turn of the century games for children, we are

09:26:11 going to have videographers there to interview our

09:26:15 elderly neighbors about the park, inviting everybody

09:26:21 over age 70 we can find to come share their memories




09:26:24 of the park, and we request the city seal be available

09:26:27 to us as this is a city sponsored event.

09:26:29 Thank you for your consideration in that matter.

09:26:31 >>SHAWN HARRISON: You're welcome.

09:26:33 >>JOHN DINGFELDER: Ms. Pollyea and her association

09:26:41 have been working very hard on. This as a reiteration

09:26:45 it's going to be a wonderful celebration at Fred

09:26:48 ballpark on April 23rd, a Sunday afternoon, and we

09:26:51 hope the whole community comes.

09:26:53 Thank you.

09:26:54 >>SHAWN HARRISON: Thank you.

09:26:55 Is there anyone else who would like to speak?

09:26:58 Yes, sir.

09:27:01 >>> Michael Randolph, West Tampa, as to item number 5

09:27:07 S.that closed and will it be appropriate at this time

09:27:10 to speak on that?

09:27:11 Or would it be appropriate when it comes up for the

09:27:13 item?

09:27:15 >>SHAWN HARRISON: It's closed, right?

09:27:17 No, sir, it's a closed matter.

09:27:19 We will be voting on that without taking any

09:27:21 additional public comment or testimony.




09:27:24 I believe that's correct, Mr. Shelby, right?

09:27:27 Unless there's a motion and it's supported to reopen

09:27:30 the matter.

09:27:35 >>> Okay.

09:27:35 Thank you.

09:27:40 >>SHAWN HARRISON: Is there anyone else that would like

09:27:42 to speak to any item on the agenda that is not

09:27:45 scheduled for public hearing?

09:27:47 >>JOHN DINGFELDER: Mr. Chairman, this might not be the

09:27:51 most popular comment but I noticed Mr. Evans is in the

09:27:56 audience and perhaps there is some confusion in our

09:27:58 correspondence, or maybe the correspondence didn't

09:28:02 reach him.

09:28:04 He requested that Madam Chairman Miller schedule him.

09:28:08 We voted and indicated that he could speak at the end

09:28:11 of the meeting.

09:28:12 But the end of the meeting today will very well could

09:28:16 be after lunch or something.

09:28:17 So since he's here, and I'm just going to suggest that

09:28:20 we go ahead and give him his three minutes now so he

09:28:24 doesn't have to wait and spend his whole day here.

09:28:27 And I'll move to waive the rules in that regard just




09:28:29 as a matter of courtesy.

09:28:34 >>SHAWN HARRISON: Motion and second to waive the rules

09:28:36 that. Requires a unanimous vote, does it not, Mr.

09:28:38 Shelby?

09:28:39 >>MARTIN SHELBY: That's correct.

09:28:40 >>ROSE FERLITA: I'm sorry, I didn't hear the first

09:28:43 part.

09:28:43 You are talking about whom?

09:28:44 >>JOHN DINGFELDER: Mr. Evans.

09:28:46 I just thought he's here, let's go ahead and give him

09:28:50 his three minutes now.

09:28:51 >>ROSE FERLITA: Typically we wouldn't do that but I

09:28:54 agree since Ms. Miller is not here to clarify it, as a

09:28:57 courtesy, I would certainly be supportive of your

09:29:00 suggestion.

09:29:00 >>SHAWN HARRISON: We have a motion and suggestion to

09:29:03 waive the rules, requires unanimous consent.

09:29:05 All in favor say Aye.

09:29:06 Opposed?

09:29:08 (Motion carried)

09:29:08 Mr. Evans, you have three minutes.

09:29:28 >>> Mr. Evans: To the fellow citizens, members of the




09:29:32 Tampa City Council, when I wrote Mayor Iorio

09:29:38 expressing the need for the City of Tampa to continue

09:29:42 its financial support to the Tampa Bay black business

09:29:46 directory, I had no idea that such a fire storm would

09:29:52 be stirred up.

09:29:57 For the misunderstanding that occurred, I am deeply

09:30:01 and truly sorry for the simple reason the attention

09:30:07 this controversy drew took away from the efforts all

09:30:13 of us are exerting to address and solve the problems

09:30:17 within our community.

09:30:21 I ask all involved to forget what has happened and

09:30:24 look to the future so that we can once again be united

09:30:29 and serve -- to serve each other and our fellow

09:30:34 citizens.

09:30:36 I wish to thank Mayor Iorio for pointing me to serve

09:30:40 as the chair of the mayor's African-American advisory

09:30:45 council for two years.

09:30:48 I have enjoyed working with Mayor Iorio and members of

09:30:51 her staff.

09:30:53 I wish to thank the members of the City of Tampa's

09:30:56 African-American advisory council for giving me the

09:30:59 opportunity to serve as its chair for the last two




09:31:03 years.

09:31:04 It has been an honor and a privilege to have worked

09:31:08 with the committee.

09:31:10 And so this part of my public service, to my fellow

09:31:16 citizens of Tampa, has drawn to a close.

09:31:21 Let me assure you, my only efforts and commitment have

09:31:25 been renewed, and strengthened by the support and

09:31:29 encouragement I received from so many people.

09:31:34 The purpose of my life is found in my motto at the

09:31:41 Tampa Bay of ape.

09:31:44 Hope: The greatest service of life is service so keep

09:31:48 serving others.

09:31:49 So to the members of council, thank you for your

09:31:51 continuing, dedicated and public service.

09:31:55 I know you will continue to run the race and fight a

09:32:00 good fight.

09:32:02 To everyone gathered here today and those watching and

09:32:05 listening, always remember that for all of those who

09:32:13 cares for my concerns, I will be there.

09:32:15 Our work will go on.

09:32:19 Our hope will live.

09:32:20 And the dreams and aspiration of the African-American




09:32:22 community will never die.

09:32:25 Thank you.

09:32:26 I would like to say that I think there's some other

09:32:29 people who stopped by that have a comment.

09:32:31 But I understand the rules and respect that.

09:32:34 But I just truly want to thank you for letting me

09:32:36 serve.

09:32:38 God bless each of you.

09:32:39 >>SHAWN HARRISON: Thank you.

09:32:43 All right.

09:32:44 Would anyone else in the audience like to speak on any

09:32:50 item on the agenda not set for public hearing?

09:32:52 On the agenda, not set for public hearing.

09:32:56 >>> Joe Robinson: Is the mayor's presentation --

09:33:02 >>SHAWN HARRISON: Separate public comment for that.

09:33:04 >>> Can I wait until after?

09:33:05 >>SHAWN HARRISON: Yes, you may.

09:33:07 I see no one else wishing to speak on the agenda so we

09:33:10 will go ahead and move to committee reports.

09:33:16 Yes.

09:33:17 Committee reports, Public Safety Committee, Rose

09:33:18 Ferlita, chair.




09:33:20 >>ROSE FERLITA: I'd like to move resolutions 9 through

09:33:26 14, please.

09:33:26 >>SHAWN HARRISON: We have a motion and second.

09:33:29 >>JOHN DINGFELDER: Second.

09:33:30 >>SHAWN HARRISON: All in favor signify by saying Aye.

09:33:33 Motion carries.

09:33:34 Public Works Committee.

09:33:35 Mr. John Dingfelder.

09:33:36 >>JOHN DINGFELDER: I'll move items 15 through 19.

09:33:39 >>LINDA SAUL-SENA: Second.

09:33:43 (Motion carried).

09:33:44 >>SHAWN HARRISON: Finance Committee.

09:33:46 Kevin White, chair.

09:33:47 >>KEVIN WHITE: Move items 20 through 27.

09:33:53 >> Second.

09:33:54 (Motion carried).

09:33:54 >>SHAWN HARRISON: Building, zoning, preservation

09:33:59 committee, Linda Saul-Sena, chair.

09:34:01 >>LINDA SAUL-SENA: I'd like to move resolutions 28

09:34:05 through 33.

09:34:06 >>MARY ALVAREZ: Second.

09:34:09 (Motion carried).




09:34:10 >>SHAWN HARRISON: Transportation Committee, Mary

09:34:15 Alvarez, vice chair.

09:34:15 >>MARY ALVAREZ: Mr. Chairman, I would like to move

09:34:18 items 34 through 41.

09:34:23 >> Second.

09:34:23 (Motion carried).

09:34:28 >>SHAWN HARRISON: We need approval to set the items 38

09:34:32 through 41.

09:34:32 >>MARY ALVAREZ: So moved.

09:34:33 >>LINDA SAUL-SENA: Second.

09:34:34 >>SHAWN HARRISON: Any discussion?

09:34:37 (Motion carried).

09:34:39 And we'll need to set items 42 through 49.

09:34:43 >>LINDA SAUL-SENA: So moved.

09:34:44 >>MARY ALVAREZ: Second.

09:34:45 >>GWEN MILLER: Any discussion?

09:34:47 Are we okay with those?

09:34:48 We are not going over our allotments for one of those

09:34:54 evenings?

09:34:55 >>THE CLERK: On April 13th at 5:01 you have five

09:34:59 text amendments.

09:35:01 At 6:00 you have one continued land rezoning and one




09:35:04 new land rezoning.

09:35:05 And you are adding eight additional land rezonings.

09:35:08 >>LINDA SAUL-SENA: Excuse me, Mr. Chairman, I know for

09:35:11 a fact that number 49 is going to be very

09:35:15 controversial and take a lot of time.

09:35:18 >>ROSE FERLITA: You think?

09:35:19 >>LINDA SAUL-SENA: I'm pretty sure about that.

09:35:21 And I think perhaps we should consider scheduling that

09:35:24 on a date -- separate date -- number 49.

09:35:28 Either that or try to do something to, you know -- I

09:35:33 really think it's going to be that time consuming.

09:35:36 >>SHAWN HARRISON: I don't know if there's anyone from

09:35:40 Citivest here.

09:35:42 Why don't we go ahead and set it for April 13th at

09:35:46 6:00.

09:35:47 Heather, you can check and see if that's going to work

09:35:49 out for everybody if we move that.

09:35:51 I agree with Mrs. Saul-Sena it's probably better to

09:35:53 have a separate meeting.

09:35:54 >>JOHN DINGFELDER: Why don't we start off by putting

09:35:57 it a week later?

09:35:58 Because they have to do notices based on what we do




09:36:00 today.

09:36:00 >>HEATHER LAMBOY: I do know, they have gone through

09:36:03 their DRC process.

09:36:05 There was nothing glaring from a staff perspective.

09:36:08 So, therefore, that's why we moved it forward for

09:36:12 council consideration.

09:36:13 I do know that the petitioner has met with the

09:36:15 neighborhood, or is going to meet with the

09:36:17 neighborhood.

09:36:18 They were going to be meeting with Bayshore Gardens

09:36:20 neighborhood association.

09:36:21 I don't know the exact date.

09:36:22 But they were asking some questions.

09:36:23 >>LINDA SAUL-SENA: Excuse me, I'm getting high signs.

09:36:33 >>HEATHER LAMBOY: I didn't know the exact date so it's

09:36:35 tomorrow.

09:36:35 >>SHAWN HARRISON: Here's the problem.

09:36:37 We have it scheduled on the 13th right now.

09:36:38 And I don't know if there's anyone from petitioner

09:36:40 here that would be able to say whether the following

09:36:43 week would be all right.

09:36:44 So I would -- either we can hold this off until




09:36:50 tonight, or else we can hold this item 49 scheduling a

09:36:53 public hearing until next Thursday, and you can make

09:36:56 check with everybody's calendar to see when we can do

09:36:58 it.

09:36:59 >>JOHN DINGFELDER: Hold it till tonight.

09:37:01 >>HEATHER LAMBOY: Are you talking about April 27th

09:37:03 scheduling it for?

09:37:09 >>LINDA SAUL-SENA: I'm looking at April 20th.

09:37:11 We have no April meeting.

09:37:12 I'm thinking we schedule it at 6:00 to discuss it.

09:37:17 Because otherwise, I really believe it's going to take

09:37:20 several hours.

09:37:21 >>KEVIN WHITE: I would rather take several hours when

09:37:25 it's scheduled than several hours on --

09:37:28 >>LINDA SAUL-SENA: Maybe we can vote on that.

09:37:30 >>SHAWN HARRISON: Well, we have a motion right now on

09:37:32 the floor to move item 49 for April 13th at 6:00

09:37:36 p.m.

09:37:38 >>LINDA SAUL-SENA: Mr. Chairman, could we hold off on

09:37:40 that so the staff has an opportunity --

09:37:43 >>: We have already voted on it.

09:37:48 >>SHAWN HARRISON: We did vote on 49?




09:37:50 >>LINDA SAUL-SENA: Did we vote?

09:37:52 >>MARY ALVAREZ: Understood consent docket.

09:37:54 >>SHAWN HARRISON: Heather, it's on for the 13th.

09:37:57 See if you can get ahold of petitioner this afternoon.

09:38:00 If they are okay for the 20th you all can talk

09:38:03 about that at the night meeting and take action if you

09:38:05 want.

09:38:07 Okay?

09:38:09 Thank you.

09:38:09 Then that takes us up to staff reports.

09:38:13 Item number 1 is just a memorandum to receive and

09:38:17 file.

09:38:17 >>MARY ALVAREZ: So moved.

09:38:21 >> Second.

09:38:21 >>LINDA SAUL-SENA: I really appreciated the report

09:38:24 from transportation about the amount of bricks in the

09:38:29 city inventory, for our historic areas, something that

09:38:33 I know we are going to want to keep tabs on.

09:38:36 I'm glad we are doing a better job of inventorying

09:38:40 these materials, making sure they don't walk off.

09:38:42 And I'm hopeful that we don't lose any of this, as we

09:38:50 perhaps abandon certain streets, we save the brick and




09:38:53 granite for use in other areas.

09:38:55 So I'm glad that we at least got some support from

09:38:59 what our resources are.

09:39:00 >>MARY ALVAREZ: And I think this is probably a good

09:39:04 time to bring this up.

09:39:05 But I was informed this week that the alleys in Ybor

09:39:11 City are being paved over.

09:39:14 And I was wondering if there was -- yeah.

09:39:16 >>LINDA SAUL-SENA: That's terrible.

09:39:18 It's not legal.

09:39:19 >>MARY ALVAREZ: That's why I was thinking that maybe

09:39:21 we should look into this and see whether we can't put

09:39:26 some bricks into these alleys.

09:39:30 >>JOHN DINGFELDER: Paving over the brick?

09:39:34 >>MARY ALVAREZ: They are concreting some of it.

09:39:37 >> I mean was there brick before?

09:39:41 >>MARY ALVAREZ: I can't tell.

09:39:42 Probably at one time.

09:39:43 >>LINDA SAUL-SENA: If you would like to make a motion

09:39:47 to get a report back from transportation on the

09:39:49 ability to pave the alleys with brick as was the

09:39:52 original material and is our national landmark




09:39:55 district, I would second it.

09:39:56 >>MARY ALVAREZ: I would like to make that motion.

09:39:59 >>SHAWN HARRISON: Motion.

09:40:01 And second.

09:40:01 >>LINDA SAUL-SENA: 30 days.

09:40:03 >>MARY ALVAREZ: To give them time to look at it and to

09:40:07 have an inventory of some of the alleys that do have

09:40:11 bricks already and make sure they are getting

09:40:13 maintained.

09:40:14 I know some of those alleys that they are using are

09:40:20 utilized a lot by trucks making a mess out of them.

09:40:24 But they should be maintained.

09:40:25 I don't know who maintains them but we need to find

09:40:28 out about the alleys in the Ybor City historic

09:40:31 district.

09:40:31 >>SHAWN HARRISON: We have a motion and second.

09:40:33 Any further discussion?

09:40:35 Signify by saying Aye.

09:40:37 Motion carries.

09:40:38 Item number 2 is simply a resolution to permit --

09:40:43 >>: So moved.

09:40:44 >>LINDA SAUL-SENA: Second.




09:40:45 >>SHAWN HARRISON: Motion and second on item number 2.

09:40:47 (Motion carried).

09:40:48 Item number 3.

09:40:49 >>RANDY GOERS: Strategic planning and technology.

09:40:56 The last time I was here a couple of weeks ago, I

09:40:59 indicated we were going to come back and get some sort

09:41:01 of indication from council on the direction for the

09:41:06 interlocal agreement.

09:41:07 As I mentioned to you, I was incorrect in that

09:41:11 request.

09:41:13 The Executive Committee in the project determined that

09:41:16 the Executive Committee can make a recommendation.

09:41:18 All we needed to do was come before you and bring you

09:41:20 up to date on the requirements and receive any comment

09:41:23 that you may have as you work through the model.

09:41:26 The interlocal agreement is still in draft form.

09:41:29 It's going to go through some changes.

09:41:30 But we do need to transmit the draft to the Department

09:41:33 of Community Affairs so they can review it and make

09:41:35 sure we are on the right track.

09:41:37 The key provisions of the interlocal agreement are the

09:41:39 draft of the interlocal agreement establishes level of




09:41:42 service standards for school concurrency, the

09:41:45 Executive Committee is recommending the use of what's

09:41:47 called the Florida inventory schoolhouses, as the

09:41:51 level of service standard for schools.

09:41:53 Long story short, this is a methodology that the

09:41:57 schools uses across the state to measure capacity in

09:42:01 each school, it's an accepted methodology and can work

09:42:04 for us in measuring concurrency.

09:42:06 Rather than applying concurrency throughout the county

09:42:12 and one district throughout the entire county the

09:42:14 Executive Committee is recommending that we have

09:42:15 smaller concurrency service areas that can manage

09:42:19 growth in the concurrency.

09:42:20 Those concurrency service areas will coincide with the

09:42:23 existing school attendance zones which the school

09:42:26 board establishes each year based on capacity and

09:42:29 growth.

09:42:29 Again we are trying existing methodology to the

09:42:33 process.

09:42:34 We are not creating new systems.

09:42:37 Under state law, give us the opportunity to consider

09:42:40 the capacity and adjacent zones in case one zone shows




09:42:45 there is no capacity we can borrow capacity from an

09:42:48 adjacent zone to allow growth to continue.

09:42:51 The application of concurrency, Executive Committee

09:42:54 has recommended that all new residential developments

09:42:58 be subject to the concurrency task as opposed to

09:43:02 having some minimum threshold.

09:43:05 But briefly, count one single-family unit for

09:43:11 concurrency?

09:43:12 Or do we go to a minimum of five single-family unit?

09:43:15 I know in the City of Tampa most of our development,

09:43:18 redevelopment is single one unit, two units, three

09:43:21 units.

09:43:22 So those units are going to have an impact on school

09:43:24 enrollment so we think those should be counted as part

09:43:28 of the concurrency test.

09:43:29 So the draft right now recommends that that be done

09:43:33 and be used as a test for concurrency.

09:43:36 The model also makes allowances for developments that

09:43:39 are already in the proposal stage.

09:43:41 That will all have to be drawn down to capacity.

09:43:43 Things that are approved, the site plan approval, and

09:43:48 the effective date, whenever the effective date is for




09:43:51 the ordinance, also be vested into the concurrency.

09:43:56 And then provisions for proportionate share of

09:43:59 mitigation, we developer proposes a development that

09:44:03 it's found there is no capacity there are provisions

09:44:05 where the develop Kerr provide a proportionate share

09:44:08 towards accelerating planned projects on the school

09:44:11 board's capital improvements program.

09:44:13 That will enable the developer to proceed with his

09:44:16 development, and allow the school board to move the

09:44:20 project.

09:44:20 Unfortunately, if the project is not on a capital

09:44:24 improvement program, so really the planning of the

09:44:28 capital improvements program when it comes to

09:44:31 implementing concurrency that. Was sort of the

09:44:33 whirlwind recommendations of the Executive Committee

09:44:35 and the draft of the interlocal agreement.

09:44:38 Our recommendation is that the draft model be

09:44:40 transmitted to DCA for their review.

09:44:43 So if there's any comments or any questions or

09:44:45 concerns that you would like to have us incorporated

09:44:47 in those comments that you see, we can do that.

09:44:51 And I'm sure we'll be back to you sometime in the next




09:44:54 30 to 45 days with the final model.

09:44:59 Thank you.

09:44:59 >>ROSE FERLITA: I just want to thank you, Randy.

09:45:02 I know there's some confusion about what was going to

09:45:04 be done and how it was going to be done and caused a

09:45:06 little bit of dissension last time.

09:45:08 I know you made an effort to get in touch with us and

09:45:11 clarify.

09:45:12 I want to thank you.

09:45:12 >>SHAWN HARRISON: Any other comments?

09:45:14 My only question, Mr. Goers, when you were talking

09:45:18 about the con currency zones, if they are going to be

09:45:20 based on the boundary zones, you are not going to

09:45:23 solve the problem that I raised a couple of weeks ago.

09:45:26 If New Tampa schools are in the same boundary zone as

09:45:31 Lutz, then you're going to have the same issues that

09:45:35 we have been dealing with.

09:45:36 I would suggest that the concurrency zones be based on

09:45:41 city limits versus unincorporated, that there be some

09:45:45 line that gets drawn that way.

09:45:46 Because our concern is making sure that their school

09:45:50 capacity for the kids in the City of Tampa.




09:45:52 And that would be my comment, that you craft those

09:45:58 zones so that there is some recognition of the

09:46:03 city-county boundaries.

09:46:04 >>RANDY GOERS: We'll look at that.

09:46:07 >>SHAWN HARRISON: Thank you for your report.

09:46:09 Do we need to take any official action?

09:46:11 Or is this a status report?

09:46:13 >>> It was just status to let now, I did want to make

09:46:15 it clear, the Executive Committee recommendation was

09:46:18 to transmit the model to DCA for their row view and

09:46:22 comment.

09:46:22 And it will come back to you at a later date when the

09:46:26 model is complete.

09:46:27 >>SHAWN HARRISON: Excellent.

09:46:29 Item number 4.

09:46:30 >>JOHN DINGFELDER: I have a report, Mr. Chairman.

09:46:33 I spoke with Mr. Cullen the last couple of days

09:46:36 extensively about this.

09:46:37 And we are in agreement to continue to defer this for

09:46:41 an additional month.

09:46:42 So I'll go ahead and make a motion to that effect.

09:46:45 >>MARY ALVAREZ: Second.




09:46:47 (Motion carried).

09:46:51 >> What day would that be?

09:46:58 Madam clerk?

09:47:00 >>MARY ALVAREZ: 30 days.

09:47:02 >>SHAWN HARRISON: Thank you.

09:47:05 March 23rd.

09:47:06 Here's where we are on item number 5.

09:47:08 Just to remind all the council members, the hearing

09:47:10 has been closed.

09:47:11 The vote was taken.

09:47:12 It did not pass.

09:47:16 So at this point, I think, Mr. Shelby, all we do is

09:47:19 just revote, right?

09:47:21 Unless someone wants to make a motion to reopen the

09:47:23 public hearing.

09:47:24 >>MARTIN SHELBY: Although I should point out there are

09:47:26 currently four council members present.

09:47:28 And it requires a super majority vote.

09:47:32 I believe.

09:47:34 >>KEVIN WHITE: She's coming back.

09:47:35 >>JOHN DINGFELDER: But we are looking for Linda.

09:47:40 >>KEVIN WHITE: Since we do have five I would like to




09:47:42 make a motion we reopen the public hearing, and the

09:47:45 reason for my motion, there were several comments made

09:47:48 last week in reference to community leaders that were

09:47:51 in that area, and their not being here which

09:47:56 automatically, in some council members' minds,

09:47:59 estimated support of the project.

09:48:02 And they were listening on TV at the time, had an

09:48:07 opportunity to get here, and they are here and would

09:48:08 like to clarify some things that were put on the

09:48:10 record last week in regards to comments that they

09:48:12 made, whether they were in support or not.

09:48:16 I move to reopen the public hearing.

09:48:17 >>MARY ALVAREZ: Second.

09:48:18 >>SHAWN HARRISON: We have a motion and second to

09:48:21 reopen the public hearing on item number 5.

09:48:23 Discussion on the motion?

09:48:23 All in favor of the motion signify by saying Aye.

09:48:26 Opposed?

09:48:28 (Motion Carried)

09:48:30 Item number 5 is reopen.

09:48:32 How do we move forward?

09:48:33 >>MARTIN SHELBY: My suggestion is anybody that plans




09:48:35 to testify they be sworn in.

09:48:37 This is non-quasi-judicial, I'm sorry.

09:48:40 That's correct.

09:48:40 So just the point would be to take any additional

09:48:43 testimony that council wishes.

09:48:45 Any questions for staff or anybody else who wishes to

09:48:49 ask a question.

09:48:50 Then close the public hearing and then vote.

09:48:53 >>SHAWN HARRISON: If there is anyone in the public

09:48:54 that would like to speak on item number 5, please go

09:48:56 ahead and stand up and move up towards the podium.

09:49:05 Go ahead.

09:49:10 >>> For the record, my name is Michael Randolph.

09:49:13 I'm with the Tampa Community Development Corporation.

09:49:18 The address is 1803 north Howard Avenue.

09:49:22 As to the case that was heard last week, in reference

09:49:25 to the concerns of the CDC and the different

09:49:31 neighborhood groups, I just wanted to make one

09:49:33 clarification as part of the concern as relates to the

09:49:36 CDC.

09:49:37 And that concern is preserving affordable homes in the

09:49:41 neighborhood.




09:49:41 As now West Tampa is going through a transformation

09:49:44 process and revitalization in our neighborhoods and a

09:49:47 lot of people that live in that neighborhood, they are

09:49:53 poverty level or working poor.

09:49:55 So as projects come to bear in neighborhoods like the

09:49:57 West Tampa CDC group that advocates for the community,

09:50:02 we would like to see part of the houses coming up to

09:50:07 be made available for low to moderate income

09:50:11 individuals.

09:50:13 And I think I sent an e-mail.

09:50:16 I don't know if everyone received an e-mail from me in

09:50:19 reference to that particular concern.

09:50:22 Some of the public concerns.

09:50:23 >>JOHN DINGFELDER: I didn't see the e-mail.

09:50:25 Can you restate that?

09:50:30 >>> As it relates to contents of the e-mail?

09:50:32 >>JOHN DINGFELDER: You said related to employment?

09:50:38 >> Affordable housing.

09:50:39 >>> Affordable housing issues, correct.

09:50:41 Because, you know, the last project that was in the

09:50:43 West Tampa area involved midtown property, was 70

09:50:48 units in that particular deal.




09:50:50 Then the deferral agreed to make a percentage of those

09:50:53 units available to low to moderate income individuals

09:50:58 that's in the West Tampa area.

09:51:00 Our concern is that folks are trying to transform up

09:51:08 with the development that's in the neighborhood.

09:51:08 And as you know, the planning development, as to

09:51:13 whether everybody will be able to stay and be

09:51:17 gatekeepers in order to provide adequate number of

09:51:20 affordable homes in the neighborhood as we begin to

09:51:22 develop the West Tampa area.

09:51:23 >>MARY ALVAREZ: Mr. Randolph, when they presented this

09:51:29 plan to you, to the CDC, did you make any requests at

09:51:36 that time for affordable housing?

09:51:40 >>> We didn't know anything about the CDC from day one

09:51:44 that's going to come to the neighborhood of this

09:51:48 magnitude, yes, we did, for affordable homes in the

09:51:52 neighborhood.

09:51:53 So yes, during that meeting which occurred prior to

09:51:55 the City Council last week, there was a meeting with

09:51:59 members of the CDC and the housing authority, and new

09:52:05 developers, and one of the mainly concerns that came

09:52:07 out of that meeting was the need for affordable homes.




09:52:10 >>MARY ALVAREZ: So when you asked them about it, did

09:52:12 they give you any assurances that affordable homes

09:52:17 would be part of their plan?

09:52:18 >>> I think they stated they would look at the

09:52:22 possibility of affordable homes as part of their

09:52:26 project.

09:52:26 Some of the folks that was there was the Tampa housing

09:52:29 authorities, and of course affordable homes to show

09:52:33 that you can in fact create a situation where you as a

09:52:40 developer, at the same time you get low income folks

09:52:43 that's part of the scenario in terms of transformation

09:52:45 of the neighborhood.

09:52:46 >>MARY ALVAREZ: So as far as you know, when they came

09:52:48 to the -- with the plan to us, there wasn't anything

09:52:52 in there about affordable homes?

09:52:55 >>> As far as I know, based on the meeting of last

09:52:57 week -- and I think that's the meeting of the

09:52:59 20th, as to conversation with Michael Randolph and

09:53:05 the CDC, they wanted to consider that in fact

09:53:08 affordable homes was an issue as a project of this

09:53:11 size.

09:53:12 Of this magnitude.




09:53:12 >>MARY ALVAREZ: Thank you.

09:53:14 >>SHAWN HARRISON: Thank you, Mr. Randolph.

09:53:17 Next.

09:53:24 >>> My name is Ruth McNair, representing the crime

09:53:29 watch association.

09:53:30 And I want to thank the councilmen that stood up for

09:53:36 us last Thursday evening.

09:53:37 I was watching television last Thursday evening.

09:53:40 If I could have got here through a little Genie ball I

09:53:45 would have gotten here.

09:53:46 I'm just so terribly upset about this situation but

09:53:48 I'm here.

09:53:49 I want to say that in September and November --

09:53:54 September and October, we invited this developer to

09:54:00 come to a meeting.

09:54:02 After we had heard rumors and things in the paper

09:54:05 about this big project coming into our area.

09:54:07 So we had a large crowd of people that came out to

09:54:14 hear what the developer had to say, and then we had

09:54:22 questions for them which we put off till October.

09:54:24 So they came back to us in October.

09:54:25 And I have a list of questions here that I would like




09:54:28 to go through, because did have very much concern

09:54:32 about the big project.

09:54:33 We are in favor of development, but we was not in

09:54:39 favor of the way it was brought to us.

09:54:41 And I'm going to read just a few.

09:54:43 How will the traffic be related to the neighborhood

09:54:46 that's already established?

09:54:49 State street and lemon street cannot have the

09:54:52 magnitude of traffic.

09:54:53 Again, traffic, will children be considered?

09:54:58 We have several elderly drivers in our neighborhood.

09:55:01 This would be a desperate change for people with

09:55:08 people speeding up and down our quiet neighborhood

09:55:10 street.

09:55:12 The question was, will there be subsidized housing,

09:55:17 senior citizen?

09:55:18 Do you really have buyers for the townhouse or condos?

09:55:22 Exactly what session will be townhouse and villas be

09:55:26 located?

09:55:27 We are especially concerned about attracting young

09:55:32 resident drivers in the area upon mostly elderly

09:55:35 homeowners.




09:55:36 Why are you trying to put so many units in our area?

09:55:40 We don't want to become congested like South Tampa.

09:55:44 And this is what I was quoted saying in the Tribune

09:55:49 the same day they came to our meeting, was quoted as

09:55:53 saying that we don't want to the see another Hyde

09:55:56 Park.

09:55:56 It's really overbuilt.

09:55:58 That was a major concern.

09:56:01 How is this acreage being zoned?

09:56:04 How will our elected be affected by this large unit?

09:56:11 Also, what about water?

09:56:12 Our pressure is very low and at the same time if there

09:56:14 is an upgrade will our bills increase?

09:56:20 Would there be increase of sewage such as fee?

09:56:25 We need to know all of these things will affect our

09:56:29 life status especially our elderly on a fixed income.

09:56:33 So really there are a lot of concerns about this

09:56:35 process, the way it was presented to us.

09:56:39 So I'm sure that we have maybe more time.

09:56:42 But they do need to work with us in order to make this

09:56:44 plan work.

09:56:45 Because we don't like the plan as presented to us




09:56:48 because we feel like there's not very much left

09:56:52 offered to our people.

09:56:53 Thank you very much.

09:56:53 (Bell sounds).

09:56:55 >>SHAWN HARRISON: Thank you, Ms. McNair.

09:56:56 Is there anyone else that would like to speak to item

09:56:59 number 5?

09:57:03 >>> Joe Robinson, 2338 Palmetto street, Tampa, Florida

09:57:04 and vice chairman of the West Tampa Development

09:57:06 Corporation.

09:57:07 I'm here to support Michael Randolph's statements, and

09:57:11 also support the neighborhood's request that they

09:57:15 better be looking at this, but more specifically the

09:57:17 reason that this occurred is because finding out now

09:57:21 that as the development moves to West Tampa that land

09:57:24 use hearings are not necessarily formally notified to

09:57:29 the neighborhood group per se, meaning the overlay

09:57:33 committee, which we are now in the process of looking

09:57:35 at tweaking the overlay design guidelines and

09:57:42 workforce to try to protect the neighborhood.

09:57:44 So what's happening now when we have land use

09:57:47 hearings, I'm here to request that the neighborhood




09:57:49 group of the overlay group committee in West Tampa be

09:57:54 notified.

09:57:55 It not in City Council's zoning land use requirements

09:58:00 that the neighborhood overlay committee or something

09:58:02 like that be notified.

09:58:04 Because they are going to be seeing it when it gets to

09:58:06 a zoning level.

09:58:07 This is a mixed use going from a joint use of 24 to

09:58:11 community mixed use of our 35.

09:58:15 They are probably going to come in with a PD.

09:58:16 But at that point, there may be some underlying land

09:58:20 use designation that may not be compatible to what the

09:58:26 neighborhood's efforts have been or the overlay

09:58:28 committee's guidelines, ideas.

09:58:31 And once you approve the land use, it's approved.

09:58:34 So then they can come up with a PD of some zoning.

09:58:38 Here it appears that as any developer they are trying

09:58:40 to get density.

09:58:41 No problem with that.

09:58:43 Except one of the concerns that I heard is we don't

09:58:45 necessarily want a high-rise area that's neighborhood

09:58:50 single-family.




09:58:51 Although this being an industrial site, it's

09:58:54 transitioning to a residential use.

09:58:58 The concern would be that if it is going to go from

09:59:00 industrial residential that it be compatible,

09:59:04 transitioning, buffer, et cetera, and planned that

09:59:07 way.

09:59:08 So I think the City Council could do itself a favor in

09:59:12 the future, that the land use, especially in West

09:59:15 Tampa -- that's what I'm speaking today B today --

09:59:18 that the neighborhood overlay committee, which is

09:59:20 pretty much spearheading all the zonings and any other

09:59:24 neighborhood group association be notified.

09:59:25 That's all I want to say.

09:59:26 But I support the community's request, and also Mr.

09:59:29 Randolph.

09:59:29 >>MARY ALVAREZ: Mr. Robinson, this was a plan

09:59:36 amendment that came through.

09:59:37 And I don't believe they needed to talk to the overlay

09:59:43 committee.

09:59:44 When it comes down to the PD, that's when the West

09:59:47 Tampa overlay committee gets into the meet of the

09:59:51 thing.




09:59:51 This was just a plan amendment.

09:59:55 >>> Right.

09:59:55 >>MARY ALVAREZ: And I think when do have that they are

09:59:59 part of the report, that when it comes down to the

10:00:03 rezoning of it.

10:00:05 But, you know, I appreciate your remarks on this

10:00:07 thing.

10:00:08 And we are all just as concerned as the neighborhoods,

10:00:13 and everybody else that West Tampa is redeveloped in

10:00:17 the right way, and for everybody, not just for people

10:00:22 in the Hyde Park area like we're all saying.

10:00:26 >>> Thank you so much.

10:00:26 And I support Ms. McNair.

10:00:30 Ms. McNair had known about it, because if -- if Ms.

10:00:35 McNair had known about it she would have been there.

10:00:37 >>JOHN DINGFELDER: If I'm not mistaken -- and Ms.

10:00:41 Petrucha can -- I think we asked the Planning

10:00:45 Commission to modify their rules so that neighborhood

10:00:48 associations clearly get noticed on the plan

10:00:51 amendments.

10:00:52 However, recognizing that the overlay group is not the

10:00:55 neighborhood association, they probably didn't get




10:00:57 notice.

10:00:58 But my guess is the neighborhood associations

10:01:00 themselves got notice?

10:01:03 >>ROSE PETRUCHA: That's correct.

10:01:05 Planning Commission staff.

10:01:09 Our listing comes from the City of Tampa's official

10:01:12 listing of neighborhood associations.

10:01:14 And for this amendment, that included Robert Allen,

10:01:17 president of the civic association, north Hyde Park,

10:01:19 Harriet McCray, president of the old West Tampa

10:01:22 neighborhood association and Ruth McNair, president of

10:01:24 the crime watch neighborhood association.

10:01:29 They were the ones who received it based on the

10:01:31 requirements.

10:01:32 Of the procedures.

10:01:33 >>MARY ALVAREZ: Ms. Petrucha, the old West Tampa crime

10:01:39 watch is not Harry McCray anymore.

10:01:44 >>> Again we are getting ours from --

10:01:48 >>MARY ALVAREZ: We have to change that, though.

10:01:50 Thank you.

10:01:51 >>SHAWN HARRISON: Petitioner?

10:01:54 >>> Mr. Chairman, members of council.




10:01:55 If I may have a minute to address a few comment made.

10:01:58 Brian Sykes for the record, south Ashley street,

10:02:04 Tampa, Florida.

10:02:05 The develop is committed to working with the West

10:02:07 Tampa CDC, not only on looking at the affordable

10:02:11 housing element but also working on community use that

10:02:16 is can be beneficial to the entire West Tampa

10:02:18 community.

10:02:18 We looked at the comprehensive plan amendment as a

10:02:20 first step in the process.

10:02:22 We have to come back if this were approved with a PD

10:02:24 plan for the entire project, at which time we will be

10:02:28 addressing affordable housing issues.

10:02:29 We'll be addressing the donation, dedication of park

10:02:32 lands in the development, and the entire design of the

10:02:36 project.

10:02:38 We will also be trying to hold meetings with the

10:02:40 various community groups including the CDC's overlay

10:02:43 group to make sure that we conform with all the

10:02:45 current regulations and proceed from there.

10:02:51 >>JOHN DINGFELDER: Mr. Sykes, thank you for that

10:02:52 clarification.




10:02:53 Two things.

10:02:54 One, I did want to disclose that at my invitation, I

10:02:57 invited Mr. Sykes and his client to come and show me

10:03:00 their plan.

10:03:01 So that's for what it's worth an ex parte

10:03:05 communication.

10:03:05 I don't think the neighborhood would object.

10:03:07 I just wanted to see what they were going to be

10:03:10 building there, make sure I was comfortable with it.

10:03:12 I think the affordable housing I shall is one that we

10:03:15 hadn't talked about previously and I'm glad the

10:03:17 neighborhood brought it up.

10:03:18 If your client is building many, many units, hundreds

10:03:22 of units on those five blocks, it would be nice if it

10:03:27 took that into serious consideration when it comes

10:03:30 back for the PD.

10:03:34 I think all of our direction.

10:03:35 But other than that I'm comfortable with it.

10:03:37 >>SHAWN HARRISON: Any further comment on item number

10:03:41 5?

10:03:43 >> Move to close.

10:03:44 >>SHAWN HARRISON: Motion to close and second.




10:03:45 (Motion carried).

10:03:50 Marty, because we reopened the public hearing, we back

10:03:53 to now at this point simply voting, or rediscuss?

10:03:58 Or take a new vote?

10:03:59 How do we do this?

10:04:02 >>MARTIN SHELBY: Well, you do need to vote.

10:04:07 It is an ordinance.

10:04:08 So my suggestion would be that the ordinance be reread

10:04:13 and voted on.

10:04:15 >>SHAWN HARRISON: We are going to have to have

10:04:17 somebody re-move it.

10:04:18 >>MARY ALVAREZ: So moved.

10:04:21 >>SHAWN HARRISON: We have a second.

10:04:24 Where is the ordinance?

10:04:26 >>LINDA SAUL-SENA: Thank you.

10:04:27 After our first hearing, I went to look at the

10:04:31 property with rose Petrucha because I think this is a

10:04:35 very significant change from industrial to mixed use

10:04:37 residential, and the potential for pretty great

10:04:40 density.

10:04:41 I see -- I think the most important issue is what will

10:04:44 come back to us as a rezoning.




10:04:46 And I have some words to the petitioner.

10:04:49 In the past this developer has done big box retail,

10:04:51 which is one thing. This is something very different.

10:04:53 This is a historic neighborhood with very fine grain,

10:04:58 single-family residential all around.

10:05:00 I think it's good that we are getting rid of the

10:05:03 pretty incompatible industrial uses and going to

10:05:06 something that's more mixed use and more in tune to

10:05:09 the residential neighborhood.

10:05:09 But you need to really design this carefully and well.

10:05:12 You need to focus your transportation on the major

10:05:14 thoroughfares and not impact the local residential

10:05:17 streets.

10:05:17 You need to consider affordable housing.

10:05:19 And you need to talk well with the neighborhood as you

10:05:22 develop your plans.

10:05:23 Because this is the very first large redevelopment

10:05:27 project in West Tampa.

10:05:29 And it needs to work well with the existing uses.

10:05:34 And so I really encourage you to do that.

10:05:36 Because the council will pay a lot of attention to the

10:05:38 neighborhood when you come back to us with the




10:05:41 rezoning request.

10:05:43 With that said I will support the petition.

10:05:44 >>SHAWN HARRISON: Further discussion on the motion?

10:05:47 >>KEVIN WHITE: I will not be in support of the motion.

10:05:49 The reason for it, I don't, first of all, think

10:05:53 petitioner has done his due diligence to work with the

10:05:55 neighborhoods in this particular area.

10:05:56 I think the request for the density is too much for

10:05:59 the area, as Ms. Saul-Sena stated, this is all a

10:06:03 single-family neighborhood residential with the

10:06:06 unfortunate part the six or seven blocks of

10:06:09 industrial, the density that the petitioner is

10:06:13 requesting, maybe I could support it if the density

10:06:18 that we were requesting was a little lower.

10:06:20 I don't see how 10, 12, 15 story high-rises right in

10:06:26 the middle of the West Tampa neighborhood separating

10:06:28 two parts of West Tampa can be contiguous, and they

10:06:34 are talking about rejoining two neighborhoods in West

10:06:37 Tampa, and I think there's just two streets that are

10:06:41 not contiguous here.

10:06:42 And we are talking about closing east-west roadway,

10:06:46 which is state street and possibly lemon street, which




10:06:49 are thoroughfares that connect east and west all

10:06:52 through West Tampa.

10:06:53 And I just don't think that the density is compatible

10:06:57 with this be particular neighborhood.

10:06:58 And I just for one will not be in support of it.

10:07:01 >>SHAWN HARRISON: Anyone else would ho would like to

10:07:05 be speak on item number 5?

10:07:07 Okay.

10:07:07 Then we have a motion.

10:07:10 Mrs. Alvarez?

10:07:11 >>MARY ALVAREZ: An ordinance amending the Tampa

10:07:13 comprehensive plan, future land use element, future

10:07:16 land use map, for the property located in the general

10:07:18 vicinity of south of Cypress Street, north of Cass

10:07:21 Street, west of Oregon Avenue, and east of Rome Avenue

10:07:24 from general mixed use-24 to community mixed use-35,

10:07:27 providing for repeal of all ordinances in conflict,

10:07:30 providing for severability, providing an effective

10:07:31 date.

10:07:33 >>SHAWN HARRISON: We have a motion and second on the

10:07:34 floor.

10:07:34 All those in favor of the motion signify by saying




10:07:37 Aye.

10:07:38 Opposed?

10:07:39 >>THE CLERK: White, no.

10:07:41 >>SHAWN HARRISON: Motion carries 5 to 1.

10:07:46 All right.

10:07:46 Thank you very much.

10:07:46 We are now going to go to item number 7 on the agenda.

10:07:48 I do know that we have five 9:30 public hearings that

10:07:53 were already scheduled.

10:07:55 However, these are second readings of ordinances.

10:07:59 And it looks like they are all have received unanimous

10:08:02 consent so I don't think there's going to be any

10:08:05 controversy.

10:08:06 Doesn't appear that there that we'll be leaving anyone

10:08:10 here to wait until we do this.

10:08:12 So with that being said, item number 7.

10:08:14 Madam Mayor, you're up.

10:08:21 >>MAYOR PAM IORIO: My presentation to you today

10:08:23 concerns the new permanent home for the Tampa Museum

10:08:26 of Art.

10:08:27 And I'm pleased to be here today with Corbett, the

10:08:32 chair of the Tampa Museum of Art, Ken Rollins and many




10:08:37 of the directors of the Museum of Art as we discuss

10:08:39 the proposed future new permanent home.

10:08:41 I am going to go over a few things in this

10:08:43 presentation.

10:08:44 One is the purchase of the cubes, the pavilion

10:08:49 building.

10:08:49 The other will be the discussion of the expenditure of

10:08:54 $20 million in CIT funds.

10:08:56 We are going to get into a discussion of the parking

10:08:59 garage and the renovation and sale of that.

10:09:02 And we are going to talk a little about Kiley Gardens.

10:09:07 We have a PowerPoint presentation that I think all of

10:09:09 you received yesterday so I am going to step through

10:09:11 that.

10:09:12 So are we ready for that?

10:09:14 There we go.

10:09:16 The Tampa Museum of Art site plan will be in two

10:09:19 phases.

10:09:19 Phase one is the city's purchase of the pavilion

10:09:24 building which will be approximately 28,000 square

10:09:26 feet.

10:09:27 And then the museum will lease approximately 22,000




10:09:31 square feet in the Rivergate tower.

10:09:34 The pavilion will be part of the permanent home of the

10:09:37 museum.

10:09:38 One of the things I heard this morning as I was coming

10:09:41 in was discussion that this would be on your agenda

10:09:45 today.

10:09:46 And one of the comments was that some people think

10:09:49 it's too much to spend $20 million for a temporary

10:09:52 home for the museum.

10:09:53 This is the permanent home for the Tampa Museum of

10:09:55 Art, nothing temporary about it.

10:09:59 The only temporary part of this will be the five-year

10:10:01 lease that the museum has for 22,000 square feet

10:10:05 within the Rivergate tower.

10:10:07 Phase two will be directly adjacent of the land that's

10:10:10 in front of what we call the Kiley Gardens. This is

10:10:14 city owned land that we would make adjacent for the

10:10:17 museum to build their signature second building in the

10:10:20 future at their own time frame.

10:10:23 The next slide shows how he would expend the $20

10:10:26 million.

10:10:26 For those in the public who might be listening this




10:10:29 $20 million is part of the $27 million that was

10:10:31 borrowed by the city in 2001 in order to build a New

10:10:36 Tampa Museum of Art.

10:10:37 And so the $20 million has been set aside for this

10:10:41 purpose and this is how we see it breaking down.

10:10:44 5.7 to purchase the pavilion.

10:10:47 Approximately 10 million to fund the renovation of the

10:10:49 pavilion and lease space in Rivergate tower.

10:10:52 We anticipate that only about $800,000 will be used

10:10:56 for the renovation of the Rivergate to your to put

10:10:59 that in into context.

10:11:01 I hope we are trying to be very conservative.

10:11:05 We are saying hey, 10 million, it may not be that but

10:11:09 we certainly want to error on the side of caution.

10:11:13 Modifying the Kiley Gardens so this becomes the

10:11:17 museum's new front yard or backyard, we allocated

10:11:21 1.5 million for that.

10:11:23 Foundational work in the garage for phase 2.

10:11:25 As you know, when the museum builds their second

10:11:28 building adjacent to the pavilion building it will

10:11:30 need some foundational work in the garage to

10:11:32 accommodate that extra weight.




10:11:34 That money would be put aside for that work.

10:11:37 Demolition of the old museum building and the garage

10:11:40 below, $1 million, that cost -- and I think you can

10:11:44 low at the 1.5 million for the Kiley.

10:11:47 Those were the costs for the original museum plan.

10:11:50 The original museum plan had money set aside for

10:11:54 demolition of the old museum. The original museum

10:11:57 plan had money set aside for a park and renovation of

10:12:00 a park around the museum.

10:12:02 And about $800,000 for contingency.

10:12:08 The city's responsibilities, we will prepare and

10:12:11 implement a lease and agreement for the use of the

10:12:15 pavilion.

10:12:15 I want to talk a little bit about how we want to

10:12:19 proceed with the museum in the future.

10:12:20 As you know, I talked a great deal about endowments,

10:12:24 and I think endowments are important for every

10:12:27 nonprofit that are housed in buildings.

10:12:31 Without a strong endowment I think it's very hard for

10:12:33 nonprofits today.

10:12:34 We have stepped the endowment for the Tampa Museum of

10:12:37 Art because essentially they will be moving into when




10:12:41 this 50,000 square feet is completed in both the

10:12:45 pavilion and the Rivergate tower, they will have

10:12:48 roughly the same square footage.

10:12:50 They currently have 44.

10:12:52 They'll have 50.

10:12:53 We figure the square footage is somewhat similar to

10:12:55 the space.

10:12:56 So we are requiring a $4 million endowment.

10:12:59 They currently have a million and a half.

10:13:01 It would mean they would raise another $2.5 million

10:13:04 endowment.

10:13:05 Once they reach that $4 million endowment, and once

10:13:07 they are moved into the pavilion, we will come before

10:13:10 you with a new operating and Lose agreement that gives

10:13:12 the museum greater autonomy.

10:13:15 This is something the museum wants and frankly

10:13:18 something the city wants.

10:13:19 We currently have a high bred system with the museum.

10:13:22 Some of the employees are city employees, some are TMA

10:13:25 employees, and we do certain services, in-kind, so

10:13:28 forth.

10:13:28 We really would like a relationship that's much more




10:13:31 like the Performing Arts Center, and its relationship

10:13:34 to the city, where there's greater autonomy, they hire

10:13:38 their own executive director.

10:13:41 Yes, we will commit to an ongoing subsidy subject to

10:13:45 the approval process every year, the budget process.

10:13:47 But the idea would be that they would have greater

10:13:50 autonomy.

10:13:51 And we hope that that occurs once they move into the

10:13:54 pavilion, once they reach that $4 million endowment.

10:13:58 And we think that's beneficial for this organization

10:14:00 for the long run.

10:14:03 Now, we also want it to be clear what the museum will

10:14:06 be responsible for in phase one.

10:14:09 They will be responsible for the selection of the

10:14:10 architect.

10:14:11 And all architectural costs.

10:14:15 They will be responsible for operational contingency

10:14:19 fund, furniture and fixtures of the new space,

10:14:22 relocation from the old museum to the new, and raising

10:14:25 the endowment moneys.

10:14:26 And we have calculated all of that should come about

10:14:30 to about $5,250 that you thousand.




10:14:37 >> The next one is the lease requirements.

10:14:39 I want to the be very clear this is a lease between

10:14:41 the Tampa Museum of Art and Rivergate towers. This is

10:14:44 not a lease between the city and Rivergate.

10:14:46 And that these lease annual payments are and will be

10:14:49 the responsibility of TMA.

10:14:52 Now, we talk about phase two.

10:14:55 What will the city be responsible for when it comes to

10:14:58 building the second building, that I think the museum

10:15:02 looks upon as perhaps their signature building that

10:15:04 will complement the pavilion architecture?

10:15:07 We will be responsible for identifying additional

10:15:09 parking spaces for the museum's future use.

10:15:11 We will assure that the balance of the original $20

10:15:14 million and CIT funds not used in phase one would go

10:15:18 for phase two.

10:15:19 Those moneys would not disappear and not be used for

10:15:21 something else.

10:15:23 Those moneys would be allocated, if there are any.

10:15:25 And the city is responsible for approving the museum's

10:15:29 business plan provider to the start of construction.

10:15:31 The museum in phase two is going to be responsible for




10:15:34 all costs and management, coordination associated with

10:15:37 the design and the construction of the new building.

10:15:40 They are going to be responsible for any and all

10:15:41 financing, all operating costs, providing a business

10:15:44 plan for the city for approval.

10:15:46 And at the time that they open phase two they noticed

10:15:49 to have a $10 million endowment.

10:15:51 Any Lose agreements with America's capital partners

10:15:55 which is the group that owns Rivergate it would be

10:15:57 museum's responsibility.

10:15:58 That's the basic outline of how we would like to

10:16:01 proceed with the permanent home for the museum.

10:16:04 At this point I would like to turn it over to Steve

10:16:08 Daignault to talk about the specifics of the garage.

10:16:11 >>STEVE DAIGNAULT: Good morning, council.

10:16:14 As you know, as part of this agreement, the city will

10:16:17 be selling its portion of the garage.

10:16:23 Prior to that, we will have to make repairs to the

10:16:25 garage.

10:16:27 Many of those repairs are associated with the roof,

10:16:29 which is the Kiley gardens.

10:16:32 And then once we are completed with that we will




10:16:35 complete the sale and have a modified restoration of

10:16:39 the Kiley gardens.

10:16:43 Currently there are 782 spaces in the garage.

10:16:48 America's capital partner owns 452 of them. The city

10:16:52 owns 330.

10:16:54 And we lease those to them, or back to them for about

10:16:58 $320,000 a year.

10:17:08 Under the lease agreement the city is responsible for

10:17:10 the repairs and maintenance to the garage.

10:17:13 We will have to take care of those repairs prior to

10:17:15 sell, then sell those 330 spaces to America's capital

10:17:19 partners.

10:17:21 Estimated cost of the repairs -- and now the city will

10:17:25 do these repairs, and please keep in mind that this is

10:17:28 an estimate.

10:17:30 It's based on a study that was done back when they

10:17:35 were doing it for America's capital partners.

10:17:37 David Vaughan and I have gone over a couple of times,

10:17:40 been over there two different times in their offices

10:17:43 going over these numbers.

10:17:44 So we are comfortable that these are good numbers.

10:17:46 The one thing, if anything, they are conservative,




10:17:50 okay?

10:17:50 So they may be a little low.

10:17:52 But to break down the 6.4 a little bit, 4.3 of them

10:17:58 are related to the roof.

10:17:59 And I have a couple of pictures that I think will

10:18:01 really clarify the costs associated with repairs to

10:18:04 the roof, again, which is Kiley gardens.

10:18:09 About 600,000 are safety related items within the

10:18:11 garage.

10:18:12 About 1.5 million are strictly garage structural

10:18:15 items.

10:18:16 And again we have some photographs that I think will

10:18:18 help.

10:18:20 This is one of the cells in the Kiley gardens, it's

10:18:26 like a waffle, if you will.

10:18:28 It has these holes.

10:18:29 And in each of these concrete cells is drainage, is

10:18:34 waterproofing, is fill material, and this is where the

10:18:41 hardscaped and softscaped, the landscaping goes in the

10:18:45 Kiley Gardens.

10:18:46 Again we would have to do this.

10:18:48 We would have to go to this level in every one of




10:18:51 those cells to make the repairs to the waterproofing.

10:18:55 And again I think the next slide will help.

10:18:57 This is the waterproofing.

10:18:59 And you can see where the roots have voided the

10:19:04 integrity of the waterproofing.

10:19:05 The trees were allowed to grow beyond where they

10:19:08 should have gone, the root system not only damaged the

10:19:14 waterproofing but also compromised the drainage

10:19:16 system.

10:19:17 As a result of that, we had a lot of water that was

10:19:20 sitting in these cells and it would go through cracks

10:19:28 and then damage the garage below.

10:19:32 Here is a picture of a post tension cable. This cable

10:19:36 should be up in the concrete.

10:19:38 As a result, again of the waterproofing being damaged,

10:19:43 water got down into the cracks, got into this post

10:19:47 tension cable, it rusted, it swelled and poked out and

10:19:52 that needs to be repaired.

10:19:54 And we want to also make sure that it doesn't recur.

10:19:59 This is an example of a safety related item.

10:20:01 Here's a stairwell that the staircasing is metal and

10:20:05 it's rusted out.




10:20:07 It's one of the safety items that we'll have to have

10:20:10 repaired.

10:20:11 As we said, the repairs would cost an estimated

10:20:14 $6.4 million.

10:20:16 The funding for that 6.4 would come from parking bond

10:20:20 proceeds, and the sale of the garage.

10:20:25 4.3 million is associated with repairs to the roof,

10:20:30 for the Kiley Gardens.

10:20:33 And cracks and leaks caused by the roots, damage to

10:20:35 waterproofing and drainage.

10:20:37 Again we have to repair so that this doesn't recur.

10:20:42 So what we would do would be remove the garden

10:20:45 hardscape landscape fill material, waterproofing,

10:20:48 et cetera.

10:20:49 Make row pairs, actually replace the waterproofing,

10:20:51 repair the drainage, concrete cracks, and the joints

10:20:54 would have to be restored.

10:20:56 And then make repairs to the garage below.

10:21:01 For the sale part, ACP would pay $500,000 on May

10:21:06 1st, 2006.

10:21:08 They would then pay $500,000 on May 1st, 2007.

10:21:12 And they would pay the balance on May 1st, 2008,




10:21:16 or upon completion of those repairs.

10:21:20 During that time, ACP would not pay the $320,000

10:21:25 rental or lease of those spaces.

10:21:28 That's part of the agreement.

10:21:31 For Kiley, again when would have to remove the

10:21:34 hardscape, landscape, fill, waterproofing, replace

10:21:39 that waterproofing, and we want to be sure that we

10:21:42 design the final construction, how we will put it back

10:21:48 together before we start tearing it apart.

10:21:51 We also want to make sure that we document it as it

10:21:53 is, and then document it with the foliage gone so we

10:21:57 can see the hardscape and again have a record of that

10:21:59 for restoration purposes.

10:22:01 In addition, there is, as was pointed out before,

10:22:07 $1.5 million of CIT money to restore Kiley.

10:22:13 Here are some of the pictures.

10:22:15 You can see the differential settlement here as a

10:22:17 result of that water being in those cells.

10:22:20 You can see the various hardscaped pieces.

10:22:22 Some are lower than others.

10:22:24 And again the excessive tree growth in there has

10:22:28 caused that root system to compromise the




10:22:32 waterproofing.

10:22:35 I turn it back over to the mayor.

10:22:37 >>JOHN DINGFELDER: A question, Steve.

10:22:41 I didn't want to hit Madam Mayor with the engineering

10:22:44 questions.

10:22:45 Steve, the question I had was as related, it appeared

10:22:49 when I was reading through these documents that

10:22:52 there's some kind of an option whether or not we would

10:22:54 fix the garage or they would fix the garage.

10:22:59 And frankly, wouldn't it be better from a legal

10:23:03 perspective -- and I'm sure you have talked to legal

10:23:06 about this -- if we fix it and then something goes

10:23:10 wrong after we turn it over to them, sell to the them,

10:23:12 then we still have some warranty obligations.

10:23:14 If we give them money and say, you fix it, then it

10:23:17 seems like we could just sell it as is and wash our

10:23:21 hands and walk away from it.

10:23:21 What have the discussions been on that?

10:23:24 >>STEVE DAIGNAULT: There has been considerable

10:23:26 discussion.

10:23:27 Capital partners were looking for a firm, fixed price

10:23:30 from beck so they could say it will cost X to fix the




10:23:33 garage, and America's capital partners would pay Beck

10:23:37 X and the garage would be fixed.

10:23:39 In Beck's estimate, they had a number of items that

10:23:43 they said, we really don't know Wan the cost is going

10:23:45 to be, I am going to put in an estimate of X amount of

10:23:49 dollars but can't give you a firm fixed price.

10:23:51 They said we would prefer if you, city, would fix the

10:23:54 garage.

10:23:54 Again we'll take every effort to reduce that amount,

10:23:59 whatever contracting to try to reduce those amounts.

10:24:04 But as it stands right now, the city is going to make

10:24:07 those repairs.

10:24:08 >>MARY ALVAREZ: Mr. Daignault, when the Kiley gardens

10:24:16 are restored, who does it belong to then?

10:24:18 I'm sure that you told me, but I don't recall.

10:24:20 >>STEVE DAIGNAULT: The Kiley will still remain with

10:24:24 the city.

10:24:25 >> So the city will be maintaining these guard

10:24:27 absence.

10:24:28 >>> City parks will be responsible.

10:24:29 >> And we will be put the moneys into budget?

10:24:32 >>> That's somebody else's question.




10:24:35 >> I have no know -- to know from somebody because

10:24:37 it's been going on for so long.

10:24:39 That's why the gardens are in the same that they are.

10:24:42 >>> Yes, ma'am.

10:24:42 And the intent, of course, is when the new building

10:24:45 from museum is completed that it will tie directly

10:24:48 into that, so it will be sculpture garden or part of

10:24:50 the museum.

10:24:51 I would suspect that the museum would want to make

10:24:54 sure that that's the main thing.

10:24:57 >> But if it was the city's responsibility, then I

10:25:01 assume that we are the ones who are going to have to

10:25:04 put the money in the budget every year to make sure

10:25:06 these gardens are maintained.

10:25:08 >>> Yes, ma'am.

10:25:09 And again, I mentioned earlier we are going to try to

10:25:13 look at the design for how we restore it.

10:25:15 We are going to look at the drainage and the

10:25:17 waterproofing and the weight, and so we'll come up

10:25:19 with a plan to restore each one of those cells to try

10:25:24 to make it a little more user friendly for

10:25:28 maintenance.




10:25:28 So it's not so onerous to maintain it.

10:25:31 >> So then the gardens will be restored pretty much to

10:25:35 what it used to be, the original design?

10:25:37 >>> Well, we said modified.

10:25:39 And the reason we say modified is, certainly the

10:25:43 hardscape can go back there.

10:25:45 I'm not sure that we want to restore the trees that

10:25:48 would then damage the waterproofing again.

10:25:50 So we may have to selectively restore trees.

10:25:54 They may have to be in pots.

10:25:55 They may have to be just in certain locations.

10:25:58 But I think we can approach something that way.

10:26:00 But again, I don't think we want to build into this

10:26:04 next round the same problem that we're facing now.

10:26:08 >> Absolutely.

10:26:08 Thank you very much.

10:26:09 >>SHAWN HARRISON: Any questions for Mr. Daignault?

10:26:12 >>LINDA SAUL-SENA: You and I discussed this morning,

10:26:14 these plans do not address the amphitheater.

10:26:16 The amphitheater will stay intact, correct?

10:26:19 >>> The 6.4 does not address the amphitheater.

10:26:22 There is nothing in thereby to address the




10:26:24 amphitheater, take it down, put it up, change it, do

10:26:26 anything.

10:26:27 >>LINDA SAUL-SENA: One of the concerns I heard from

10:26:29 the people who originally designed the gardens was

10:26:31 that the trees were different from the one they put

10:26:35 in.

10:26:35 They specked something that was huge.

10:26:40 So it's possible once the restoration is done you can

10:26:43 put in what they originally specked and it will be

10:26:45 just fine.

10:26:46 >>> Certainly.

10:26:47 And I would suspect we would want to consider the

10:26:49 museums interest as well.

10:26:55 How they utilize Kiley gardens for a sculpture garden,

10:27:02 for circulation and access and whether or not they can

10:27:04 put sculpture out there. I would think again we would

10:27:07 want to consider that when we --

10:27:09 >>LINDA SAUL-SENA: I would think that it would be a

10:27:11 very complementary conversation between the museum

10:27:15 people who understand this is a world class piece of

10:27:18 landscape architecture, and want to do something to

10:27:22 respect the original design.




10:27:23 And I think that's all very doable and very creatable.

10:27:29 So basically what you are talking about is not putting

10:27:32 back -- because those created part of the water

10:27:35 problem -- but putting back the hardscape, saving the

10:27:38 pieces that are there now, numbering them, putting

10:27:42 them inside, then after the roof is rebuilt, replacing

10:27:45 them.

10:27:46 >>STEVE DAIGNAULT: Correct.

10:27:48 >>SHAWN HARRISON: Mr. Daignault, I'm sorry, one more

10:27:51 question.

10:27:52 The final payment from ACP of 3.5 million is 2008.

10:27:57 According to that slide.

10:27:58 >>> Correct.

10:27:59 >> How are we being secured in the event that ACP is

10:28:03 no long area round, doesn't own the building?

10:28:11 >>> Well, the city -- we are going to have to come

10:28:11 back to the City Council with a number of agreements.

10:28:14 That's kind of going into a little later in the

10:28:16 presentation here.

10:28:17 But I believe our city attorneys will take care of

10:28:20 that, in those subsequent agreements.

10:28:22 >>SHAWN HARRISON: Okay.




10:28:24 Thank you.

10:28:25 >>MAYOR PAM IORIO: Thank you, Steve.

10:28:30 I think it is important to elaborate a little bit,

10:28:32 councilwoman Saul-Sena, on your question about Kiley

10:28:37 because where misunderstandings occur sometimes in

10:28:39 meeting meetings things get glossed over frankly, and

10:28:44 then later on there are misunderstandings and people

10:28:46 say, that's not way thought you voted on that day.

10:28:50 When we are talking about Kiley gardens we realize the

10:28:53 original design is not something we can put back.

10:28:55 However, we have made a commitment that we will number

10:28:58 all of those concrete pieces.

10:28:59 When we talk about hardscape, now you have all the

10:29:02 different stones there, and we will put them back in

10:29:04 the same order.

10:29:06 Now, we already know that we can't just take those

10:29:08 cells and fill them with the same dirt that they have.

10:29:11 This is going to be an engineering decision these made

10:29:14 as to how much weight the Kiley can sustain.

10:29:20 It not really so much a policy decision as it is an

10:29:24 engineering decision to sustain a certain amount of

10:29:27 weight for the future so it does not adversely effect




10:29:29 the parking garage in years to come.

10:29:30 Once that determination is made, then we'll determine

10:29:33 working with the people who have an interesting Kiley

10:29:38 gardens and there is a very organized group that has a

10:29:40 very sincere interest in the Kiley working with the

10:29:44 museum and working with the city and including the

10:29:46 owners of the rivergate, whether it's ACP or future

10:29:50 owner, to altogether talk about what the Kiley gardens

10:29:55 ought to look like given the engineering constraints

10:29:57 that have been articulated.

10:29:59 So if only a certain amount of weight will be allowed

10:30:01 on the Kiley in the future and if that means those

10:30:04 cells are not going to be filled again with dirt, they

10:30:06 may be filled with foam, maybe a little bit of dirt,

10:30:09 maybe it bushes and not trees, maybe it's something

10:30:12 else, those are the kinds of honest discussions and

10:30:15 open discussions that we need to have in the future.

10:30:18 But I do think it's important that we never,

10:30:20 throughout this process, set up unrealistic

10:30:24 expectations or don't make expectations clear from the

10:30:27 get-go and that way I think people work together

10:30:30 better in the future.




10:30:32 Any other questions about Kiley in that regard?

10:30:36 We consider that to be an ongoing process of something

10:30:38 we will work with all interested parties on.

10:30:41 Okay.

10:30:43 Next steps.

10:30:47 I think he would skipped something.

10:30:49 Okay.

10:30:49 Last week, TMA addressed -- of course TMA is not part

10:30:54 of this whole garage part.

10:30:56 I'm sure they are happy about that.

10:30:59 But they are part of the pavilion purchase and the

10:31:04 buildout of Rivergate towers and so forth.

10:31:06 And they had this complete presentation last Wednesday

10:31:10 at their board meeting.

10:31:12 And you can see from the slide all the things that

10:31:14 they agreed to.

10:31:15 I believe the vote was 32 to 1.

10:31:19 31 to 1?

10:31:22 30 to 1.

10:31:22 It was 30 to 1.

10:31:24 And CORBY can speak more to the TMA support.

10:31:33 Next steps.




10:31:33 We have a lot of documents.

10:31:35 If you agree to this in concept with the resolution

10:31:37 that is before you, council members, there is so much

10:31:42 in the way of future documents and due diligence that

10:31:46 has to occur over the next 60 days, it is going to

10:31:49 occupy really the bulk of our time in terms of the

10:31:52 legal department, the real estate department, and a

10:31:54 lot of our staff time to get the documentation done,

10:31:57 perform our -- perform our due diligence, perform our

10:32:02 due diligence regarding the garage, pavilion, document

10:32:06 regarding the various sales and agreements.

10:32:08 And if you vote in the affirmative today, those

10:32:10 documents would come back to you, probably not all at

10:32:15 once but as they are completed.

10:32:16 And so those are the next steps.

10:32:18 And then what we ask today then is that you approve

10:32:21 the resolution, item number 8 on the agenda.

10:32:25 I'm going to ask Corbett to come forward.

10:32:36 >> Good morning, council members.

10:32:38 And mayor Pam and distinguished guests, and my board

10:32:42 of trustee members who are here.

10:32:45 It's a pleasure to be here, to be before you today.




10:32:49 I really do have to thank mayor Pam for where we are

10:32:52 today with this agreement.

10:32:55 As of about three weeks ago, this was gone.

10:33:00 And mayor Pam did bring it back on the table, brought

10:33:05 it to a successful conclusion.

10:33:06 And people at the museum are extremely pleased.

10:33:10 But we can be at this location.

10:33:14 I would like to thank hall flowers, head of the

10:33:18 building committee who did so much work on. This Mark

10:33:21 Huey, who certainly brought this a long way for the

10:33:22 city.

10:33:23 Ken Rollins, our Executive Director.

10:33:27 Christine Burdick who headed up the site selection

10:33:33 committee.

10:33:33 I think you're here.

10:33:34 And David Smith, from the city legal, who just did a

10:33:38 wonderful job bringing this to conclusion.

10:33:41 I just want to say on behalf of the museum, we had six

10:33:46 people absent on last Wednesday out of 37.

10:33:51 So the 30 to 1 vote was just basically unanimous, and

10:33:57 with those six people coming in later saying I wish I

10:33:59 had been there and could have voted.




10:34:01 So we are very excited about this.

10:34:03 It is -- we are overlooking the park.

10:34:09 We are overlooking the river.

10:34:11 Overlooking Henry B. plant.

10:34:14 And we have a huge presence on Ashley.

10:34:17 It's exactly what we wanted all along, so we couldn't

10:34:20 be more pleased with that location.

10:34:24 It's a huge opportunity for in the future.

10:34:28 But we do have to do our due diligence, as the mayor

10:34:32 said.

10:34:32 We have to verify some of our costs of the

10:34:37 renovations.

10:34:38 We have to verify some things about the footprint

10:34:41 along Ashley for the new building.

10:34:47 We are looking forward to a new arrangement, operating

10:34:51 arrangement with the city.

10:34:52 And we're very pleased that we can use the CIT moneys

10:34:55 as it was originally intended.

10:34:58 So that's all very exciting.

10:35:00 I think one of the most exciting things is a new

10:35:02 building along Ashley, with the signature for the City

10:35:08 of Tampa, a very exciting building and something that




10:35:10 we can all be proud of as a city and as citizens of

10:35:13 Tampa.

10:35:13 So we really look forward to this.

10:35:17 Thank you.

10:35:20 >>MAYOR PAM IORIO: Council members, I will be happy to

10:35:23 answer any questions you have.

10:35:24 I can't help, though, but take just a moment to

10:35:27 comment on the evolution of our downtown.

10:35:32 So often you get the contracts before you in a

10:35:35 piecemeal fashion.

10:35:36 But when you really think about what's happening to

10:35:39 our downtown, this complete renaissance is occurring

10:35:43 with people living here, you know from the number of

10:35:46 rezoning petitions you have, and will have in the

10:35:48 future, that there is tremendous interest in making

10:35:51 downtown a neighborhood, and thousands of people will

10:35:55 be living here.

10:35:56 You approve the contract from Thomas Balsley to design

10:35:59 the park that can become Tampa's real Central Park,

10:36:03 our true gathering place, the main park of our

10:36:07 downtown be used for special events, and can truly be

10:36:11 representative of the kinds of celebrations that Tampa




10:36:13 has.

10:36:14 You have approved the EDOG contract and they are in

10:36:19 the final days and weeks of preparing the master plan

10:36:21 for the riverwalk, that truly will be a signature

10:36:24 piece for Tampa, two and a half miles all the way from

10:36:27 the Channel District to Tampa Heights, a very critical

10:36:30 piece right at this juncture at Ashley and Kennedy.

10:36:33 I look forward to sharing that with you, what they

10:36:36 have designed for this particular juncture that will

10:36:38 make it investigate easy for people to be able to

10:36:40 access this intersection from the water perspective.

10:36:43 You approve the contract for HDR to redesign Ashley.

10:36:48 You're taking a street that currently is not

10:36:50 pedestrian friendly, that is hard for a person to

10:36:53 maneuver from one side to the other, and redesigned so

10:36:57 that one day that can become a main Boulevard into our

10:36:59 downtown, and a Boulevard that can complement the

10:37:02 Tampa Museum of Art, complement our Central Park,

10:37:05 complement the riverwalk.

10:37:06 And so when you look at the totality of all the things

10:37:09 that are occurring, the approvals that you have done

10:37:11 in the past that are putting in motion so much




10:37:14 positive change for our downtown, you can see how this

10:37:18 art museum project truly fits into that equation in a

10:37:21 very positive way.

10:37:21 It takes a building that has frankly been

10:37:25 underutilized in our community ever since its

10:37:28 inception and it gives it new life.

10:37:30 Renowned architecture that will now be home to a first

10:37:34 class museum.

10:37:35 And it gives the museum the ability to build a second

10:37:38 signature building that compliments this existing

10:37:40 architecture, use Kiley gardens that brings that to

10:37:46 life, too, albeit not perhaps in its current

10:37:49 structure, that's for sure, but in a way that it can

10:37:52 be an asset to the museum, to the Central Park, to the

10:37:55 riverwalk, really someplace that a lot of people go

10:37:58 and gather.

10:37:59 And making that entire intersection more of a focal

10:38:03 point for our downtown, making it more pedestrian

10:38:06 friendly, making it so the people who will be living

10:38:09 across the street, across Ashley, will be able to

10:38:12 visit the museum on foot, visit the park and many

10:38:16 events on foot.




10:38:17 That's what we want.

10:38:18 So I do want to take just a moment to thank you for

10:38:23 the kind of support that you've shown, and making all

10:38:28 of these good, progressive things happen for our core

10:38:30 downtown, which is everybody's neighborhood.

10:38:33 And I'll be very happy to answer any questions that

10:38:35 you have.

10:38:35 >>SHAWN HARRISON: Thank you, mayor.

10:38:37 We have some questions or comments, I'm sure.

10:38:39 Mr. White.

10:38:39 >>KEVIN WHITE: Well, questions and comments.

10:38:42 Madam Mayor, first of all, thank you and the Tampa

10:38:45 museum board for being able to put this project

10:38:49 together.

10:38:50 It's been a long, drawn-out, arduous process and

10:38:54 probably has not been fun along the way.

10:38:57 I'm glad that this is a project that's finally about

10:39:00 to come to fruition.

10:39:06 I see you have a great deal of your staff with you and

10:39:08 I'm sure they have all worked hard.

10:39:12 There's one staff member that I'm sorry you don't have

10:39:14 with you that I don't see here, and that's Mr. George




10:39:17 Davis, the director of the WMBE program, for some of

10:39:21 the people that don't understand that, that's the

10:39:23 women and minority enterprise program.

10:39:25 And my question to you, one of the largest projects

10:39:29 that the city is devilling in is $20 million and will

10:39:33 go at $6.4 million renovation on the garage, and it's

10:39:37 $26 million in city spending.

10:39:39 I'd like to know what your commitment is as the

10:39:43 administrator of this city, is to committing to making

10:39:45 sure that our WMBE standards are brought up to the

10:39:52 standard on this particular project with something of

10:39:54 so much magnitude.

10:39:56 I was interviewed earlier this week by one of the

10:40:00 local TV stations about an article that was recently

10:40:05 published in a publication about why wasn't Tampa the

10:40:09 map for the top 20 most listed cities for attracting

10:40:13 minority businesses?

10:40:14 And I won't delve into that.

10:40:20 Won't delve into that.

10:40:21 But after we get an opportunity we to be able to stay

10:40:27 and encourage others to grow, because all of the --

10:40:30 won't say only but the great majority of small




10:40:33 business is our women and minority businesses.

10:40:36 All of the big players always get the opportunity.

10:40:39 We need to have the opportunity to bring some of those

10:40:42 small people to the table, give them a byte at the

10:40:46 apple and let them take a piece of this $26 million

10:40:49 and help them grow.

10:40:50 So that's where I'm coming from.

10:40:52 And when we start coming up with these agreements in

10:40:57 the future, these are questions that I'm always going

10:40:59 to ask, and that concerns me, it concerns me my

10:41:02 constituency.

10:41:03 This project concerns me.

10:41:04 It's in my district.

10:41:05 >>MAYOR PAM IORIO: Absolutely.

10:41:09 >> If you're prepared to comment on that now, that's

10:41:11 fine. But if you aren't, these are questions that I

10:41:13 will be asking in the future, as these agreements come

10:41:16 to fruition.

10:41:17 I do know that Mr. Davis is planning to retire very

10:41:21 shortly.

10:41:21 I don't know who we are going to have.

10:41:25 Some big shoes to fill.




10:41:28 Also, I know one of the things I can tell you,

10:41:34 $300,000 for the disparity study that Mr. Greg

10:41:38 spearman is going to be completing hopefully within

10:41:40 the next 30 to 45 days, and based on the preliminary

10:41:45 results that we have right now, is showing a huge

10:41:49 disparity.

10:41:49 I think that's something that we need to take a

10:41:51 serious, serious look at.

10:41:53 The city says we're committed.

10:41:55 It's in writing that we're committed.

10:41:57 But our actions don't show that we're committed.

10:41:59 >>MAYOR PAM IORIO: Councilman, I very much appreciate

10:42:02 your comments.

10:42:03 And I know how strongly you feel about this and I too

10:42:06 feel very strongly about making sure there are

10:42:08 opportunities for women and minority small businesses

10:42:11 in our community.

10:42:12 And the disparity study which we hope will be done in

10:42:14 May, and of course we'll be making that presentation

10:42:17 to council, it's an important piece of self-analysis

10:42:21 that every local government needs.

10:42:23 It's very important to stop every once in a while and




10:42:25 do this kind of complete disparity study so that we

10:42:32 know exactly where problems exist that we can then

10:42:36 address.

10:42:36 And so we'll be addressing that in May.

10:42:39 With regards to this project, any work that is done

10:42:44 will fall under our women and minority business

10:42:47 guidelines.

10:42:48 We expect to do the work on the garage.

10:42:50 So that will be bid out as anything would be.

10:42:54 All the work that's done is either going to be bid out

10:42:58 under the city's procedures, or if -- and we have not

10:43:03 made this determination yet of the buildout of the

10:43:06 pavilion, whether that is something we might contract

10:43:08 with TMA to do.

10:43:10 However, if we do it that way, they too would be

10:43:14 subject to our women and minority small business guide

10:43:20 loins.

10:43:20 So you can be sure those guidelines will be followed

10:43:22 as we move forward with our construction programs on

10:43:24 this project.

10:43:29 >>SHAWN HARRISON: Questions or comments for the mayor?

10:43:31 >>LINDA SAUL-SENA: Thank you.




10:43:34 I just want to congratulate you and all the other

10:43:36 people today who have worked so very hard to get us to

10:43:40 this point.

10:43:41 I really believe that this new splendid home for the

10:43:45 Tampa museum would be a win for the museum and for the

10:43:48 City of Tampa.

10:43:49 I think that this is a positive move for us.

10:43:52 The museum will have an architecturally significant

10:43:54 home, Kiley gardens will be row stored and the

10:43:59 location of the museum on Ashley drive at the

10:44:02 Hillsborough River is an optimum location.

10:44:04 I'm very pleased to be here at this point.

10:44:06 >>MAYOR PAM IORIO: It's great to hear that from you,

10:44:08 councilwoman, because I know you have been interested

10:44:10 in this for the past 20 years.

10:44:12 And you have always worked so hard, and your heart is

10:44:15 in this and I'm so pleased that you are supportive of

10:44:18 this.

10:44:20 >>SHAWN HARRISON: Ms. Alvarez?

10:44:22 >>MARY ALVAREZ: Thank you, Mr. Chairman.

10:44:23 I share your enthusiasm.

10:44:26 And you know I have been supportive of everything that




10:44:29 you've done especially with the museum.

10:44:31 And am really glad to see that the museum board is on

10:44:35 with you and shares your enthusiasm.

10:44:38 Because this is going to be a centerpiece, a signature

10:44:41 piece, as you put it, for the City of Tampa.

10:44:44 And I am so proud to be here today, to see we have

10:44:50 finally come together as a community, for the

10:44:52 community.

10:44:52 And I thank you so much.

10:44:55 Thank you for having the leadership and vision.

10:45:02 And I hope that everything will come to fruition, and

10:45:06 the best of luck to everybody.

10:45:08 I congratulate all of you.

10:45:10 >>MAYOR PAM IORIO: Thank you very much.

10:45:11 I appreciate that.

10:45:12 >>SHAWN HARRISON: Mr. Dingfelder.

10:45:13 >>JOHN DINGFELDER: Thank you, Madam Mayor and staff

10:45:16 for joining us and making this great presentation, and

10:45:19 Ms. Corbett, you and your team as well.

10:45:22 I remember a couple months back, I don't know when it

10:45:26 was, maybe six months ago, you and I were walking over

10:45:29 in that area, and we were talking about your vision of




10:45:32 an arts district.

10:45:33 And I think that putting this together the way that

10:45:38 you guys have will really complete that vision.

10:45:42 I think that the art museum is going to be a

10:45:46 cornerstone of the arts district, the new arts

10:45:49 district, the perform arts center at the other end,

10:45:54 and in between a children's museum hopefully some day

10:45:56 with new parks and walks surrounding it.

10:45:59 That is going to be the key focus of downtown.

10:46:01 Where will it be?

10:46:02 It will be right on the river which is wonderful,

10:46:05 looking across to the university of Tampa which is

10:46:07 beautiful.

10:46:08 And I think within the next three, four, five years,

10:46:11 it's all going to come together, and just be

10:46:13 fantastic.

10:46:14 So I congratulate everybody involved.

10:46:16 Thank you.

10:46:16 >>MAYOR PAM IORIO: Thank you.

10:46:18 >>MARY ALVAREZ: I'd like to move the resolution.

10:46:20 >>SHAWN HARRISON: No, no.

10:46:23 Not ready yet.




10:46:24 >>MARY ALVAREZ: I'm ready.

10:46:26 (Laughter).

10:46:28 >>ROSE FERLITA: After I hear comments from the

10:46:31 audience.

10:46:33 Thank you.

10:46:33 >>SHAWN HARRISON: Is there anyone in the audience that

10:46:35 would like to speak on this item?

10:47:01 >>> Sandy Reef: I reside at 3318 June Circle. I

10:47:03 previously spoke to the council about the allocation

10:47:05 of the CIT funds for the museum and the Lowry Park

10:47:07 Zoo.

10:47:08 I did that because I believe in both institutions and

10:47:11 their importance to the City of Tampa. Although I

10:47:13 still believe in the Tampa Museum of Art, I believe

10:47:17 that the decision that you are about to make today, it

10:47:19 appears, be deferred until there can be a careful

10:47:24 consideration of the information that I understand you

10:47:27 have just received, either today or within the last

10:47:30 couple of days, that that's not really been made

10:47:34 public, so there can be a full public discussion.

10:47:37 As the mayor indicated the city proposes to spend

10:47:40 $15.7 million on the renovation and acquisition of




10:47:46 cubes.

10:47:46 It also proposes to lease two floors in the Rivergate

10:47:49 tower.

10:47:51 In addition to build -- the new museum building would

10:47:56 go up along Ashley drive.

10:47:57 I'm concerned that the cubes cannot be renovated into

10:48:00 a quality museum.

10:48:01 I don't think I have seen any studies that show that

10:48:04 any museum in the country would lend their best works

10:48:09 in a museum that is constructed like that, that

10:48:11 doesn't have security, environmental controls, and all

10:48:13 of that.

10:48:14 That's something I think is very important.

10:48:17 The Tampa Tribune, in an editorial titled "beer can

10:48:21 museum leaves us cold" said when this proposal was

10:48:26 first brought to the fore, the proposed building lacks

10:48:30 presence and any sense of grandeur.

10:48:33 Whistle we applaud the mayor and the museum board for

10:48:36 rejoining forces for the museum's future they

10:48:39 shouldn't lower the bar to get over together.

10:48:42 They can do better.

10:48:44 St. Petersburg times, in an editorial titled "art




10:48:48 uninspired" said the following: It is hard to imagine

10:48:53 a more uninspiring idea than housing Tampa's new arts

10:48:57 museum and vacant office space on the downtown

10:48:59 riverfront.

10:49:01 If officials do not have a broader vision of the arts

10:49:03 in Tampa, then the question should not be where to

10:49:06 build, but whether to build at all.

10:49:09 This proposal is more about expediency than art and

10:49:15 Tampa's cultural image.

10:49:16 If the balance of the money that's been allocated for

10:49:20 the CIT is spent doing this, there won't be anything

10:49:24 left to spend for the new museum.

10:49:28 I think we should defer this decision so that there

10:49:33 can be an open public discussion.

10:49:35 In my opinion, $204 a square foot for a building

10:49:39 that's not had a tenant since John Travolta left town

10:49:44 is too much for the city to spend.

10:49:45 Indeed, I don't think it would be bad to ask the

10:49:50 capital partners to donate the cubes to the city that.

10:49:54 Way they could be donated to the children's museum at

10:49:57 a substantially lower cost.

10:49:58 I urge the council, the mayor, the board of museum to




10:50:01 do better.

10:50:02 Years for now it would be a shame if residents of

10:50:04 Tampa and its visitors do not refer to the Tampa

10:50:08 Museum of Art with the same pride that they do the

10:50:12 Tampa Bay Performing Arts Center, Tampa International

10:50:14 Airport, and the Lowry Park Zoo.

10:50:17 Thank you very much.

10:50:17 >>LINDA SAUL-SENA: Thank you.

10:50:20 Anyone else from the public care to speak?

10:50:23 Please come, give us your name and address.

10:50:25 >>JOHN DINGFELDER: I was curious where they are going

10:50:27 to film "Punisher II."

10:50:31 Go ahead, sir, I was just kidding.

10:50:44 >>> John Howard, 121 west Wayne street.

10:50:49 I practiced architecture here for nearly 40 years and

10:50:52 once had a downtown location.

10:50:53 I love the downtown.

10:50:56 However, in my entire career, the city seems to fail

10:51:01 to spend any money on maintenance, particularly

10:51:04 landscaping maintenance.

10:51:07 We have some very good people in the Parks Department.

10:51:09 I see Steve Graham here.




10:51:11 I think he's still here.

10:51:13 They do a good job.

10:51:14 But they have never had the funding to do adequate

10:51:18 maintenance on the downtown.

10:51:20 We are a tourist city.

10:51:21 We have a nice convention center.

10:51:23 We have an aquarium.

10:51:24 We have St. Petersburg forum.

10:51:28 That's a dirty word to some people.

10:51:29 But we have all these facilities.

10:51:33 But when you come down here, the downtown is a little

10:51:39 dingy, dirty, and atrocious.

10:51:43 I would say the initial landscaping is quite good.

10:51:46 We used to have a really nice fountain near the

10:51:48 convention center, and that's been taken down.

10:51:52 The maintenance costs, I guess, were too high.

10:51:55 So I'm approaching Kiley Gardens, which you have in

10:51:58 there, and can look at the first sketch of it, from

10:52:03 the point of view that it never has been maintained.

10:52:05 Certainly thereby were problems with the construction

10:52:07 of it that should have been done before it was turned

10:52:12 over to the city or to the American capital partners.




10:52:18 So in May, councilwoman Saul-Sena, Christine Burdick

10:52:25 and a group of people invited Harry wolf here, who was

10:52:29 the architect for the cube, and Dan Kiley has since

10:52:38 passed away, practiced till he was about 90 years old,

10:52:42 and is no longer with us, but he's probably best known

10:52:45 of the landscape architects of the late 20th

10:52:48 century and did a lot of projects which are

10:52:51 internationally known, and several on the national

10:52:54 historic register of places.

10:52:57 This could be a national historic registry place park.

10:53:00 But you have to have a park that stays true to the

10:53:04 original design.

10:53:05 Certainly the landscaping, the trees, this sort of

10:53:08 thing can change.

10:53:12 So after we had this meeting in May, where we had

10:53:15 Harry wolf down here, we had our engineer look at the

10:53:21 park.

10:53:22 And I visually inspected it also.

10:53:25 A large part of the problem was its three pools in the

10:53:28 front, which is a considerable amount of weight, but

10:53:33 did it leak quite a bit, and you could see a lot of

10:53:35 damage there, which was shown in some of those




10:53:37 photographs.

10:53:41 The rest of the garage seems to be improving in shape.

10:53:47 We talked to the attendants who have been there for

10:53:49 eight or ten years.

10:53:50 They say there are no big problems when they get a

10:53:53 large lane.

10:53:54 The drainage is taken care of.

10:53:56 They don't see any leaks underneath.

10:53:57 So we wonder if there's really that much maintenance

10:54:00 to be done to the garage structure.

10:54:03 It's obviously safe because they park cars in it every

10:54:05 day even under the old Curtis Hixon park.

10:54:09 So at that point, we a pole to the mayor.

10:54:14 And if you look after our structural engineering

10:54:17 report the third one there --

10:54:20 (Bell sounds).

10:54:22 >>LINDA SAUL-SENA: That means your time is up, Mr.

10:54:23 Howard, but I would like to ask you a question, which

10:54:25 would allow to you answer it.

10:54:27 >>> Sure.

10:54:28 >> What was that meeting about?

10:54:29 >>> Well, the meeting was about -- the mayor offered




10:54:33 to -- if we would form a not-for-profit corporation,

10:54:38 called friends of Kiley Gardens, that she would agree

10:54:43 to sign off on a historic grant application for the

10:54:49 park.

10:54:50 And that's the point we were at.

10:54:54 The only other thing involved with the city, there's a

10:54:56 draft letter in there from the historical board

10:55:01 applauding this application for historical grant.

10:55:08 I'll leave it at that then.

10:55:09 Unless there are any other questions.

10:55:10 >>SHAWN HARRISON: Thank you, sir.

10:55:15 Next.

10:55:40 May I begin?

10:55:42 >>SHAWN HARRISON: Hang on a minute.

10:55:43 >>MARTIN SHELBY: I have just been presented with a

10:55:46 speaker waiver form.

10:55:47 Pursuant to council rules, this is pursuant to a

10:55:50 public hearing.

10:55:52 This matter is not set for public hearing today.

10:55:54 >>SHAWN HARRISON: That's correct. This is not a

10:55:55 public hearing so there are no speaker waiver

10:55:57 abilities for this.




10:55:58 So you have three minutes.

10:55:59 >>> So I have three minutes.

10:56:00 Thank you.

10:56:02 My name is Sue Thompson.

10:56:03 I live at 5098 Creekside Trail, Sarasota, Florida.

10:56:08 I'm speaking on behalf of the friends of Kiley Garden,

10:56:11 a local nonprofit organization whose mission it is to

10:56:13 educate, promote and restore the education's what we

10:56:16 refer to as the Kiley Garden.

10:56:18 Several members are here with me today of our

10:56:21 nonprofit.

10:56:22 Just to let you know, we have been very active in the

10:56:24 community.

10:56:24 We recently received an AIA award, Excellence in

10:56:27 Stewardship Award at a national level from the

10:56:29 Cultural Landscape Foundation for our efforts.

10:56:32 We have been listed on the State of Florida's eleven

10:56:35 most endangered sites.

10:56:37 We have a web site that we use to educate the public.

10:56:39 We have currently been short listed to be featured in

10:56:42 the Garden Design magazine for our efforts here.

10:56:45 And we have got many articles, some of which that I




10:56:48 have attached to the back of those three graphics,

10:56:51 sent up to you, from the New York Times and local

10:56:53 papers talking about the Kiley Gardens, which is why I

10:56:56 am here today.

10:56:57 I want you to know that we support the adaptive reuse

10:57:00 of the tower and pavilion and like many others we're

10:57:03 thrilled the city will use these architectural jewels

10:57:06 as part of the full breadth of the art collection that

10:57:09 the City of Tampa and Tampa Museum of Art hold.

10:57:12 I brought with me today an excerpt from an e-mail from

10:57:15 Harry wolf who could not be with us today. He asked

10:57:18 that I read these comments to you, at your permission.

10:57:21 He offers his congratulations to the Tampa Art Museum,

10:57:23 the mayor, the City Council, citizens of Tampa.

10:57:26 He says you're going to have a new museum in the heart

10:57:29 of the city.

10:57:29 The presence and power of reinvigorating cultural

10:57:33 institution and culture of the city should not be

10:57:37 underestimated to synergistically bring about great

10:57:40 things.

10:57:40 All that really remains is a careful and sensitive

10:57:43 reading together of the museum's program, including




10:57:45 the need for more gallery space in the future, along

10:57:48 with the repair and the horse and buggy waterproofing

10:57:50 of 20 years ago which is under the plannings of the

10:57:53 Kiley Garden elevated portion.

10:57:55 Best of tall garden was originally designed and

10:57:58 anticipated for uses that it's now intended here in

10:58:00 the future.

10:58:01 It is the concern that Harry mentioned, the issue of

10:58:04 the careful and sensitive weaving together of the

10:58:07 site, a site which was designed, a site and building

10:58:11 as one.

10:58:11 But we are here to speak to you today.

10:58:14 In talking about how the Kiley Gardens is being looked

10:58:16 at out of context, and the two will blend as one.

10:58:21 As you know, Dan Kiley and several people have spoken

10:58:23 of him, you probably know of him.

10:58:26 He currently has four landmarks proposed.

10:58:30 This is unprecedented considering there are only 40

10:58:33 such properties in the nation.

10:58:35 We received many letters that we submitted to council

10:58:37 before from various people talking about the historic

10:58:41 landscape significance of this park, international,




10:58:44 and national as well and local.

10:58:46 People talking about how they would like to see the

10:58:49 garden restored.

10:58:51 And looking for international art recognition they

10:58:56 have it here at the Kiley Gardens.

10:58:58 To visualize the garden I included three 11x17

10:59:00 drawings, it's a 3-D model we put together to show you

10:59:03 what the garden looked like when it was initially

10:59:05 installed.

10:59:06 Just so you have an indication.

10:59:09 A major feature in this garden.

10:59:12 Pools in the front were reflecting pools for the

10:59:14 pavilion, they also acted as a stylized version of the

10:59:17 Hillsborough River, Kiley would stylize the

10:59:21 unanimously environment, put some proposed trees in

10:59:23 there and use this wall that he has here where the

10:59:26 canal is where one walks underneath if you look at the

10:59:29 blue portions of the diagram, as a way to bring people

10:59:32 into the secret garden, garden of the city.

10:59:35 (Bell sounds).

10:59:36 >>SHAWN HARRISON: Thank you, ma'am.

10:59:38 Would anyone else like to speak on item number 5?




10:59:40 >>LINDA SAUL-SENA: I would like to ask her a question.

10:59:46 Could you finish up your explanation of the pictures,

10:59:49 please?

10:59:49 >>> Yes, I would.

10:59:50 Really, I just wanted to make sure that the city is

10:59:53 aware that the section 106 is in effect for this

10:59:57 project, the federal funds are used.

10:59:58 I want to make this aware wanting to work with the

11:00:01 city and partner with the city.

11:00:05 Again, since want to work with the mayor mentioning

11:00:09 this, we are very encouraged by what she has to say

11:00:12 but surprised we are finally getting around to seeing

11:00:15 the garage that today for the first time when we have

11:00:17 been asking them for August and also asking for the

11:00:20 national register application to be signed which she

11:00:22 agreed to do. As we move forward I want you all to

11:00:25 know that to restore the gardens in some basic fashion

11:00:27 as was quoted in the press release is not what we are

11:00:30 here to ask you for.

11:00:31 We ask that you work with Kiley intact as it was

11:00:35 designed as a T piece of art work that it is and not

11:00:38 remove it.




11:00:40 Thank you.

11:00:41 >>SHAWN HARRISON: Thank you.

11:00:42 Next.

11:00:44 >>> Joe Robinson, president and CEO of RH & Associates

11:00:50 consulting engineers, certified minority business

11:00:54 with the City of Tampa.

11:00:56 I'm here to echo what Mr. White said.

11:00:59 First of all I'm not talking about minorities anymore.

11:01:02 I'm talking about African-American firms, professional

11:01:05 engineers and architects that are going to be needed

11:01:08 on this project are not being utilized, In the past

11:01:13 projects in the City of Tampa.

11:01:14 That is the reality.

11:01:15 I have been on the city's list for over 10 or 15

11:01:18 years.

11:01:18 I have right in the city's ordinance, I have a right

11:01:21 to make sure the city complies.

11:01:23 Any development agreement such takes convention center

11:01:26 hotel has the rights of the minority business office

11:01:29 and requirements.

11:01:31 I don't think the museum is going to do that.

11:01:34 And I'm concerned about that.




11:01:37 I'm concerned to the point that I'm requesting that,

11:01:40 number one, if the city is giving up tax dollars, 20

11:01:43 million, and that we should have African-Americans --

11:01:48 understand women are doing well in the City of Tampa's

11:01:50 minority programs and Hispanics.

11:01:52 African-Americans are not. The one that Mr. White was

11:01:57 on was filled with blacks moving to Tampa.

11:01:59 It was black folks.

11:02:00 And they had a girl in the hospital said I go from

11:02:04 church to work and there's nothing in between.

11:02:05 I am for the Museum of Art.

11:02:07 I am for this being finally coming to resolution.

11:02:11 I was over at the perform arts center with everybody

11:02:14 else.

11:02:14 Few African-Americans attended.

11:02:16 I have been approached the community about what type

11:02:18 of African-American art is the Museum of Art going to

11:02:21 utilize?

11:02:22 What type of African-American vendors is the Museum of

11:02:24 Art going to utilize?

11:02:26 This is in district 5, a highly populated

11:02:29 African-American district.




11:02:30 Which Mr. White represents.

11:02:32 I'm here to help the city, not hurt the city.

11:02:35 But our reputation as a consulting engineering firm

11:02:38 says there's going to be issues with that roof, the

11:02:40 water in those roofs.

11:02:41 We designed and did the mechanical engineering for the

11:02:45 St. Petersburg Times Forum parking garage, years ago.

11:02:50 Plenty of water, plenty of rain, plenty of hurricanes.

11:02:52 No one has ever complained about our design for that

11:02:55 storm drain system for the St. Petersburg Times Forum

11:02:59 parking garage, which is a very large parking

11:03:02 structure.

11:03:03 We have that expertise.

11:03:04 We want an opportunity to participate on the Tampa

11:03:08 Museum of Art in any capacity that a mechanical,

11:03:12 electrical, plumbing, or fabrication engineer,

11:03:15 African-American firm can have.

11:03:17 I'm her to support it.

11:03:18 But I think that the time has come that I have to step

11:03:21 forward and say, look, we got ready, willing and able

11:03:25 qualified African-American contractors, professionals,

11:03:31 vendors, and artists in the community that there will




11:03:34 be some effort made on this 20 million.

11:03:37 I know that Pam is going to do that.

11:03:38 I know that the city is going to try to do that.

11:03:41 But the history, and while the study was done, shows

11:03:45 that it hasn't occurred.

11:03:47 Every mayor up until now has tried.

11:03:49 But it has not occurred.

11:03:51 I'm hear to tell you it has not occurred.

11:03:53 I've been fortunate because I come down and I speak up

11:03:56 and I let it be known.

11:03:57 However, there is discrimination in the procurement of

11:04:00 contracts.

11:04:00 I would suggest that at least if the museum is going

11:04:04 to pursue professionals, that they follow the CCNA,

11:04:07 the consultants comparative negotiation act, for the

11:04:11 selection of that architect.

11:04:11 And I know that every time that they -- just gave

11:04:15 86,000 for the riverwalk.

11:04:18 It was Hispanic, not an African-American

11:04:20 participation.

11:04:21 I just implore council to please do that.

11:04:24 (Bell sounds).




11:04:24 >>SHAWN HARRISON: Would anyone else like to speak on

11:04:26 item number 7?

11:04:27 >>MARY ALVAREZ: Do we close?

11:04:33 >>SHAWN HARRISON: Are you coming up?

11:04:35 Then seeing no one else wishing to speak on item 7, do

11:04:38 we have a motion?

11:04:39 >>MARY ALVAREZ: Move the resolution.

11:04:41 >> Second.

11:04:43 >>SHAWN HARRISON: Any discussion on the motion?

11:04:44 Mrs. Ferlita.

11:04:45 >>ROSE FERLITA: Mr. Chairman, thank you.

11:04:48 I would like, if you would, to indulge me in a couple

11:04:50 of comments I would like to make, some notes I made

11:04:53 during people's presentations.

11:04:54 First of all, I would like to start with you, Mrs.

11:04:57 Corbett.

11:04:57 I think you and your Board of Trustees has had one

11:05:02 focus and one focus in mind throughout this long

11:05:06 arduous process and that was delivering a first class

11:05:12 museum to a first class city, and I think your

11:05:12 leadership and the leadership of that board brings us

11:05:13 to where we are here today.




11:05:15 Leadership sometimes allows us to compromise, and I

11:05:18 think that speaks as to why you have accepted what the

11:05:22 proposing has been as has been submitted to you and

11:05:24 your board.

11:05:25 I have to smile when I read Mr. Huey's comments about

11:05:28 the fact this was a God project because you and the

11:05:31 mayor were embracing it.

11:05:32 And I'm happy that the relationship is better.

11:05:35 But still I have some concerns.

11:05:39 I'm happy that that's an improvement.

11:05:41 But still the idea, the after that has been submitted,

11:05:44 in my estimation, as one council member, is not that

11:05:47 first class opportunity for a first class museum.

11:05:51 I understand what you're talking about in terms of the

11:05:53 location.

11:05:54 But as I jotted some notes down as we went through

11:05:57 this process, this is what brings me to my position.

11:06:00 So please with me on this.

11:06:02 I know that the mayor has clarified, and granted she

11:06:04 did that because there was some misunderstanding,

11:06:06 temporary versus permanent, and I understand.

11:06:08 Still, a permanent home is going to require taxpayer




11:06:11 dollars to rehab.

11:06:13 This to me at this point in time, when it looked like

11:06:16 maybe this was going south, et cetera, came up as an

11:06:18 idea.

11:06:19 It's an idea at this point, but in my sometimes of

11:06:23 where we are, it's not a plane.

11:06:25 If I were in charge of staffers, I would say, okay,

11:06:28 this plan, this idea that you're bringing me, may or

11:06:30 may not be a good idea.

11:06:32 But take the idea, take it back, develop it into a

11:06:35 plan with lots of considerations.

11:06:37 And those considerations are not part and parcel to

11:06:40 what we are discussing today.

11:06:41 Feasibility study.

11:06:42 Financial situations.

11:06:44 Cost issues.

11:06:45 Discussions about agreements and contracts, et cetera,

11:06:48 et cetera.

11:06:48 And I think Mr. Reef's discussion really addressed my

11:06:52 concerns.

11:06:52 He was talking about maybe business approach.

11:06:55 Slow it down.




11:06:55 Make sure we have gotten where we are going and make

11:06:59 sure every "I" is dotted and every "T" crossed.

11:07:03 We have been asked to accept this and give thumbs up.

11:07:07 And I do have to tell you that the mayor and I met

11:07:09 Tuesday morning, as she did with all my colleagues at

11:07:11 different times, and it was a 40-minute, profitable

11:07:15 discussion, and I appreciated that time with her.

11:07:19 But at this point, what I have is this -- I have a

11:07:23 discussion with the mayor.

11:07:24 I have a PowerPoint presentation that I was provided

11:07:28 later that day, she committed to and she did.

11:07:31 But actually, none of those documents that Mr.

11:07:35 Daignault is talking about, and basically this is

11:07:38 where we are.

11:07:38 We all are excited about the possibility of a museum.

11:07:42 But do we take less instead of more because we go too

11:07:45 fast?

11:07:46 I can't in good conscience say that the best use of

11:07:51 tax dollar moneys is going to be directed to rehabbing

11:07:55 some cubes.

11:07:57 I think that if we looked at what's coming down the

11:08:00 tubes about so many documents, so many documents that




11:08:08 haven't even looked at, that's not how I do business.

11:08:11 I can't tell you it's a good plan until I see

11:08:13 everything that's involved in the plan.

11:08:14 And we're not there yet.

11:08:15 So in closing, although I welcome the opportunity to

11:08:18 make more discussions about the museum, I think we're

11:08:22 doing the cart before the horse.

11:08:24 Endorse it, adopt it, give it the thumbs up, and then

11:08:27 later we'll look at documents.

11:08:29 Mr. White brought up one of the issues that might come

11:08:31 up later.

11:08:32 We're talking about what could and could not happen

11:08:35 depending on documents that we discuss.

11:08:36 He would should be discussing those issues in terms of

11:08:38 minorities, in terms of construction costs, in terms

11:08:40 of agreements, in terms of leases.

11:08:42 Now, and then say this is what we like and this is

11:08:46 what we don't like, this is what we think will work.

11:08:48 I am not sure that this is the best site.

11:08:50 Good idea, bad idea, I'm not sure.

11:08:52 Research hasn't gotten me to that point.

11:08:54 So I think the long and the short is in good physical




11:08:57 conscience I can't at this point, after being given

11:08:59 what I've been given, say that the best use of our

11:09:02 taxpayer dollars is to rehab some cubes.

11:09:04 I don't think that's what the citizens that I

11:09:06 represent would like me to say yes for so prematurely.

11:09:12 Thank you, Mr. Chair.

11:09:13 >>JOHN DINGFELDER: I don't want to Dale Mabry this too

11:09:16 much but I think it is important to address the issues

11:09:18 Ms. Ferlita brought up.

11:09:20 If you read the resolution that's in front of us, it

11:09:25 specifically and on a very limited basis says that the

11:09:28 mayor is asking us to support and endorse the efforts,

11:09:31 the joint efforts of the administration and the Tampa

11:09:33 museum of trustees, and to move forward with the

11:09:37 non-binding letter of intent.

11:09:39 "non-binding."

11:09:43 And I think that's key.

11:09:43 And that's why the mayor has my support today on this.

11:09:44 Because you can't move forward on any of this unless

11:09:48 you take the first step.

11:09:50 And this is the first step.

11:09:51 And from a contractual perspective, I've read that




11:09:55 non-binding letter and that's exactly what it is from

11:09:57 a legal perspective.

11:09:59 If for some reason as we move down the path, and these

11:10:03 document are not to our satisfaction, we can vote no,

11:10:06 and that will stop this dead in its tracks.

11:10:08 But at this point in time, in order to get this off

11:10:11 the dime, we need to move forward.

11:10:13 And the reason, one of the things I'm persuaded about,

11:10:16 not only is the administration in favor but the board

11:10:19 of the museum voted 30 to 1 to support this.

11:10:22 That is very persuasive to me.

11:10:24 Let's move forward with this, see where it goes.

11:10:26 Obviously, there's lots more documents that we'll be

11:10:28 reviewing.

11:10:30 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.

11:10:32 I truly believe that this process deserves to go

11:10:34 forward.

11:10:35 I concur with you, Mr. Dingfelder.

11:10:38 I think the museum staff has worked hard.

11:10:41 The city -- city staff has worked hard.

11:10:44 Museum trustees have knocked themselves out.

11:10:46 But I also want to recognize the efforts of the




11:10:50 friends of Kiley garden.

11:10:51 You all have been working each month to clean and

11:10:55 improve the park.

11:10:55 I believe that with the sustained involvement of the

11:10:59 friends of Kiley garden we will be able to move toward

11:11:02 your vision, which is -- which I share, which is the

11:11:06 restoration of the park.

11:11:09 I think that as time goes on, and it gets improved,

11:11:13 people are going to see how splendid it is, it's had

11:11:16 18 years of non-maintenance, and I think that working

11:11:20 together with the museum, the city, the ACP people,

11:11:24 who I hope will really understand what an

11:11:27 extraordinary neighbor they have in this garden, that

11:11:31 we will move toward the park's restoration.

11:11:34 >>MARY ALVAREZ: Thank you, Mr. Dingfelder, for telling

11:11:43 us about the non-binding letter of intent.

11:11:45 And this is a resolution just supporting, endorsing

11:11:50 the efforts.

11:11:51 And they have worked very hard, and the staff has

11:11:54 worked very hard to come down to this point.

11:11:58 And I know that it had to be heart wrenching for them

11:12:03 when we decided not to go along with the on the




11:12:09 project.

11:12:10 So for us to sit back here and say no, we are not

11:12:12 going to do it, because the Board of Trustees said

11:12:16 that they wanted to do it, 30 to 1, that's enough for

11:12:19 me.

11:12:20 You know?

11:12:27 They have wrenched their hearts for this project for

11:12:30 many, many years now.

11:12:31 And they are finally going to get a home.

11:12:35 And like you said it's a nonbinding agreement, letter

11:12:39 of intent.

11:12:40 And if it doesn't satisfy everybody we can stop it but

11:12:45 as it is right now, I'm proud to make the resolution

11:12:49 to go back.

11:12:50 >>ROSE FERLITA: Just a moment to redefine my position.

11:12:55 As well as to thank Mr. Dingfelder for the definition

11:12:57 of nonbinding, although I was already aware of what it

11:13:01 means.

11:13:01 Our positions and what we get to decisions are

11:13:04 different.

11:13:05 My approach is, although it is a nonbinding issue, I

11:13:09 just feel like more information up front gives me a




11:13:10 better sense of giving a City of Tampa, Florida of

11:13:13 approval, although it is nonbinding, and with regards

11:13:16 to Ms. Corbett and her committee members, obviously

11:13:20 I'm aware as well of the way the vote went.

11:13:22 And I understand why that is and I referred to that, I

11:13:25 think, in my opening comment.

11:13:26 Your commitment, your passion to get this done for

11:13:29 this city is what brings you here in support.

11:13:33 Not just in support but in strong support, Ms.

11:13:36 Corbett. The issue, I think, is had you been given

11:13:39 other opportunities this may or may not have been your

11:13:42 choice.

11:13:42 I think the efforts have been worn down over all this

11:13:45 time and because of your leadership you will take this

11:13:46 and work with it but I don't think at this time best

11:13:48 thing that we should have offered you.

11:13:50 I may change my mind as when go forward.

11:13:52 But right now given what I have, the PowerPoint and

11:13:54 the conversation with the mayor for 40 minutes,

11:13:56 doesn't tell me that I'm comfortable, non-binding or

11:13:59 otherwise.

11:14:00 I applaud the efforts of every single person in this




11:14:03 process.

11:14:03 But still I just like to think that information up

11:14:06 front would make me feel better about tax-free dollars

11:14:09 rehabbing the cube however it comes out or not.

11:14:12 But that's not to discount or be disrespectful to what

11:14:15 your commitment is.

11:14:16 I have understood it and I have seen the processes

11:14:19 that you and your board have gone through to come

11:14:21 together again.

11:14:22 It's just one council member looks at something one

11:14:24 way and one looks at it another way and ultimately we

11:14:27 have to all be comfortable about the data we choose to

11:14:32 make our commitment.

11:14:32 And I think you understand that.

11:14:34 >>SHAWN HARRISON: All right.

11:14:35 I think everyone has spoken on this who wished to

11:14:37 speak.

11:14:37 Let me just say this.

11:14:39 Five years ago when this council, some of us on this

11:14:41 council voted to support this museum project, it was

11:14:45 with the understanding that there was going to be a

11:14:48 work in progress and we really didn't know how it




11:14:50 would turn out.

11:14:51 I think it's safe to say that five years later it's a

11:14:54 vastly different project than what was originally

11:14:57 proposed.

11:14:57 But it is a project nonetheless that has been embraced

11:14:59 by the Museum of Art Board of Directors, and by a new

11:15:03 administration.

11:15:04 And I think many people in our community thought that

11:15:06 we would never get there today.

11:15:09 I think that we are here today because people of good

11:15:13 faith on both sides of this issue have decided to put

11:15:16 aside some of their past differences and work together

11:15:19 on a proposal that everyone believes is in the best

11:15:22 interest of the city, as we stand here today.

11:15:25 It may not be the first choice for the museum board.

11:15:29 It may not be the first choice for the administration.

11:15:31 It may not be the first choice for many of us.

11:15:35 But it's a choice that will work.

11:15:36 It is modest.

11:15:37 It has the opportunity to grow, based on the efforts

11:15:40 of the museum board.

11:15:42 And it takes the city ultimately out of the museum




11:15:45 business.

11:15:45 And I think that's that was a place that everyone

11:15:48 wants us to be in.

11:15:50 There will be a commitment.

11:15:51 I believe in the future for a continuing subsidy.

11:15:56 That is something that this council member will look

11:15:59 at very, very cautiously.

11:16:02 But I think that where we are here today gives

11:16:05 everyone an opportunity to move forward and try to

11:16:09 make this project the best that we can make it with

11:16:12 what we have to work with.

11:16:14 I will remind everyone -- and I don't know if you knew

11:16:16 this going in -- but this is not on television.

11:16:18 We had an accident with one of our cable lines this

11:16:21 morning, and this is not being broadcast over the City

11:16:24 of Tampa's television station.

11:16:26 >>JOHN DINGFELDER: It will be taped and played.

11:16:32 >>SHAWN HARRISON: It will be but there is no one at

11:16:35 home watching us as this drama unfolds.

11:16:37 So having said that, we do have a motion on the table

11:16:40 and a second.

11:16:40 All in favor of the motion signify by saying Aye.




11:16:43 Opposed?

11:16:44 >>ROSE FERLITA: Nay.

11:16:44 >>SHAWN HARRISON: Motion carries 5 to 1.

11:16:48 Thank you all very much for coming.

11:16:49 >>KEVIN WHITE: Mr. Chairman, I noticed an announcement

11:16:53 that we will be breaking at 11 a.m.

11:16:56 It's 11:15.

11:17:00 And with that, I would like to maybe ask the clerk's

11:17:03 office if we can somehow --

11:17:08 >>MARTIN SHELBY: Excuse me.

11:17:09 I'm sorry.

11:17:10 >>SHAWN HARRISON: If everyone could please exit the

11:17:12 chambers quietly.

11:17:14 We still have some of our own business to take care

11:17:15 of.

11:17:16 >>MARTIN SHELBY: Point of order with regard to item 7.

11:17:19 Mr. Territo correctly reminded me, item 7 was the

11:17:23 presentation.

11:17:23 Item 8 is the resolution.

11:17:27 >> So moved.

11:17:28 >> Second.

11:17:28 >>SHAWN HARRISON: We have a motion and second to move




11:17:30 item number 8.

11:17:32 All in favor signify by saying Aye.

11:17:35 Motion carries 5 to 1.

11:17:39 >>KEVIN WHITE: I was going to make a suggestion to the

11:17:41 clerk's office for the public's edification in the

11:17:43 future, in respect to our 12:00 lunch break, that that

11:17:47 would also be printed on the each week's agenda.

11:17:51 That way there's no ambiguity in the audience that

11:17:57 council breaks at 12:00.

11:17:58 We don't have to make that same announcement every

11:18:01 week.

11:18:01 >>SHAWN HARRISON: Council members, I would recommend

11:18:02 that given our agenda today, and I know that we made a

11:18:06 commitment to the Junior League, but I believe if we

11:18:08 work through right until noon, we'll be able to wrap

11:18:11 the morning session up and we won't have to come back

11:18:13 after lunch.

11:18:15 So if we have a motion.

11:18:17 >>ROSE FERLITA: Mr. Chairman.

11:18:19 May I make a comment to your suggestion?

11:18:21 >>SHAWN HARRISON: Yes.

11:18:22 If someone wants to make a motion.




11:18:23 >>LINDA SAUL-SENA: I'll make a motion that we work

11:18:26 through till noon.

11:18:26 >>ROSE FERLITA: Well, the reason -- and I think this

11:18:29 council never is intentionally disrespectful to

11:18:32 anybody.

11:18:32 I know that where we are going to go for lunch, I

11:18:36 think it's a buffet so it's not like in terms of what

11:18:43 they anticipated in number of guests, and I think the

11:18:46 idea you came up with is good and I'll support it and

11:18:50 we'll just work through.

11:18:50 >>JOHN DINGFELDER: The only question I have, it wasn't

11:18:55 just a lunch.

11:18:56 They had a meeting and a presentation, that sort of

11:18:58 thing.

11:19:01 It starts at noon.

11:19:02 So we are going to leave at noon?

11:19:06 >>MARY ALVAREZ: By 11:30.

11:19:08 >>MARTIN SHELBY: I'm sorry to complicate things but by

11:19:11 a procedural standpoint with advance notice that

11:19:13 council would be adjourning at 11:00 -- at 11:00 there

11:19:18 may be those who are no longer present.

11:19:20 As a matter of fact I was specifically advised that a




11:19:22 group that had been planning to be here at 11:00

11:19:24 o'clock is no longer present.

11:19:26 I just wanted to bring that to council's attention.

11:19:28 >>ROSE FERLITA: There are people here that perhaps

11:19:31 maybe we can handle issues that without a time

11:19:33 certain.

11:19:33 >>MARTIN SHELBY: The only thing I'm uncertain about is

11:19:38 he would don't know who is not here for public

11:19:40 hearings.

11:19:40 >>SHAWN HARRISON: We still have house cleaning that we

11:19:43 can continue to take care of that are not public

11:19:45 hearings.

11:19:45 So that's safe.

11:19:47 >>LINDA SAUL-SENA: I think we should press on.

11:19:49 And if somebody has a problem they can come up at our

11:19:53 night meeting and share it with us.

11:19:54 I think we should press on till moon noon.

11:19:57 That's a motion.

11:19:58 >>MARY ALVAREZ: We are already three minutes into

11:20:00 the --

11:20:04 >>ROSE FERLITA: Let's move on.

11:20:05 >>SHAWN HARRISON: All in favor say Aye.




11:20:07 Opposed?

11:20:09 We'll press on.

11:20:10 Very good.

11:20:10 I want to call up Heather Lamboy now.

11:20:12 She was left over from our department heads.

11:20:16 She was actually the only one.

11:20:18 I'm sorry you had to sit through that boring

11:20:20 presentation.

11:20:22 >>HEATHER LAMBOY: These quite all right.

11:20:23 >>ROSE FERLITA: You were excited to listen to the,

11:20:28 weren't you?

11:20:29 Yeah.

11:20:30 >>> There was a particular re zoning case misnoticed,

11:20:34 St. James United Methodist Church parcel in Tampa

11:20:38 Palms.

11:20:39 This case has to be considered together with a DRI

11:20:42 change as well.

11:20:43 And that particular DRI case, the DRI has not

11:20:48 misnoticed.

11:20:49 And I take note, is DZ-85-75.

11:20:54 In order to work with the petitioner, staff is

11:20:56 recommending that this be rescheduled for May




11:21:00 11th, 2006.

11:21:01 >>LINDA SAUL-SENA: So moved.

11:21:04 >>MARY ALVAREZ: Second.

11:21:05 (Motion carried).

11:21:09 >>HEATHER LAMBOY: Also, I would like to bring to

11:21:11 attention of the council that the petitioner for the

11:21:13 Citivest case, C 0638 is here, and I did ask Mr.

11:21:19 Grandoff if April 20th would be acceptable and he

11:21:22 responded that his client would rather move forward on

11:21:25 the 13th.

11:21:28 >>MARY ALVAREZ: What number was that, please?

11:21:31 >>JOHN DINGFELDER: I would like to hear from Mr.

11:21:32 Grandoff what the rationale is on that.

11:21:36 >>MARY ALVAREZ: Give us some numbers.

11:21:37 >>MARTIN SHELBY: Number 49 on the agenda, Mr. Chair.

11:21:43 >>JOHN DINGFELDER: I think the issue is a one-week

11:21:45 delay to schedule a meeting of something that Ms.

11:21:55 Saul-Sena indicated might have a large audience and

11:21:56 take a lot of times in terms of the detail.

11:21:59 And tell us what one week will prejudice your client.

11:22:01 >>JOHN GRANDOFF: It will throw us off schedule.

11:22:04 We have been meeting all city deadlines.




11:22:05 We filed this application on time.

11:22:07 >>JOHN DINGFELDER: Do you have a closing that's

11:22:11 related that will be hindered by one week?

11:22:14 >>> Not closing but architectural detail.

11:22:17 We are changing in a rapidly changing market.

11:22:20 >> And seven days will be a big deal?

11:22:22 >>> Yes.

11:22:22 And April 20th was never designated as a zoning

11:22:25 hearing evening.

11:22:26 And we want to go forward on the 13th.

11:22:31 These your hearings.

11:22:31 >>LINDA SAUL-SENA: Can I speak to it?

11:22:33 I just want to say, Mr. Grandoff, the reason that I

11:22:35 thought it would be better is yours is the last of the

11:22:39 litany.

11:22:40 We are hearing a great number of cases that night.

11:22:42 And council's attention span and humor sort of

11:22:46 dissolves as the evening gets later.

11:22:49 And I just want to share with you that I think a fresh

11:22:53 council on the 20th at 6:00 might be a happier

11:22:56 council than a tired council at 11:00 o'clock on the

11:23:00 week prior.




11:23:02 >>> You've already heard the case.

11:23:03 >>LINDA SAUL-SENA: No, I'm just saying that we get

11:23:07 tired, and the staff told us that we have -- I would

11:23:12 ask the staff to share the number of petitions we are

11:23:15 hearing that night.

11:23:16 >>HEATHER LAMBOY: You will be hearing nine new

11:23:21 petitions, and then currently there is one continued

11:23:24 case, and Sandy, please help me, there's an amendment?

11:23:28 >>THE CLERK: There are also nine plan amendments being

11:23:31 heard that night at 5:01.

11:23:36 >>> You have a prerogative to schedule us at the

11:23:38 beginning of the meeting if you feel -- it not a give

11:23:41 and take.

11:23:41 >>JOHN DINGFELDER: We have the prerogative to defer

11:23:43 till seven days later as well.

11:23:46 Thank you very much.

11:23:46 >>ROSE FERLITA: Mr. Dingfelder, you may have the

11:23:48 prerogative to decide that but a not so fresh council

11:23:51 on the 13th might be better than a not so present

11:23:54 council on the 20th.

11:23:55 I can't come.

11:23:56 I believe Mr. White can't come.




11:23:58 I don't know what you guys are doing but just keep

11:24:01 piling the meetings on.

11:24:01 I will not be attending on the 20th regardless of

11:24:04 what Mr. Dingfelder and or Mr. Grandoff agrees.

11:24:06 >>JOHN DINGFELDER: I just clarified we have the

11:24:08 prerogative.

11:24:09 >>ROSE FERLITA: We also have the prerogative to have

11:24:11 had some problems that cause a conflict.

11:24:13 I won't be here on the 20th.

11:24:15 That's my prerogative.

11:24:16 >>SHAWN HARRISON: Here's where we stand.

11:24:19 It's scheduled for the 13th to. To move it from

11:24:21 the 13th it's going to have to get a motion and

11:24:24 have four votes.

11:24:25 Does anyone want to make a motion to move it from the

11:24:27 from the 13th?

11:24:29 >>JOHN DINGFELDER: No, I would like Mr. Grandoff's

11:24:31 suggestion that we move this up to be the first that

11:24:33 night so that way if there is a large crowd at least

11:24:36 we'll go ahead and clear it out and deal it with early

11:24:38 in the evening.

11:24:39 As Mr. Grandoff suggested.




11:24:42 Obviously he has no objections to it, correct?

11:24:46 >>> That's the date.

11:24:49 >>JOHN DINGFELDER: Well, no objections to moving it

11:24:49 earlier in the night.

11:24:49 >>> No.

11:24:51 >>JOHN DINGFELDER: So I suggest we move it earlier,

11:24:53 make it the first rezoning hearing of the night.

11:24:55 After the plan amendments.

11:25:00 >> I'll be here.

11:25:01 >>LINDA SAUL-SENA: I'll be here too,.

11:25:02 >>SHAWN HARRISON: We have a motion.

11:25:04 >>MARY ALVAREZ: Wait, wait.

11:25:07 Sandy, according to the calendar that we have, we have

11:25:10 the nine text amendments at 5:01.

11:25:12 Then we have one continued land rezoning at 6:00.

11:25:17 And then one land rezoning -- two land rezonings at

11:25:21 6:00.

11:25:22 Are we adding more stuff to the?

11:25:26 >>THE CLERK: You added eight more land rezonings to

11:25:29 that night meeting.

11:25:31 And the two that are already on, they have been

11:25:33 scheduled from prior meetings.




11:25:37 >>SHAWN HARRISON: We have a motion.

11:25:38 Do we have a second?

11:25:39 >>LINDA SAUL-SENA: Second.

11:25:40 >>GWEN MILLER: Motion and second.

11:25:42 All in favor by saying Aye.

11:25:45 Opposed?

11:25:45 Motion carries.

11:25:46 Thank you.

11:25:47 Heather, does that take care of everything that you

11:25:49 needed?

11:25:50 All right.

11:25:51 Item number 6.

11:25:53 Marty, this was chapter 13.

11:25:55 Is this one of those that you think people may have

11:25:57 left?

11:25:59 >>MARTIN SHELBY: I don't know on what items people did

11:26:05 leave.

11:26:05 >>STEVE MICHELINI: Yes, sir, the builders association

11:26:11 had left anticipating that you would adjourn at

11:26:14 eleven, and they will return at 1:30.

11:26:20 >>ROSE FERLITA: As we are doing this, I don't know if

11:26:22 there was some consideration.




11:26:22 But perhaps as chairman, you might want to direct

11:26:26 somebody to send a note to the women's league to let

11:26:29 them know that we will not be attending because we

11:26:32 have not completed our meeting.

11:26:39 >> No.

11:26:39 >>ROSE FERLITA: We are still going to tray to make it?

11:26:42 >>SHAWN HARRISON: Yes.

11:26:43 Anybody that wants to move from 12 to 1 may do so.

11:26:47 Then we are going to move on to item number 50.

11:26:55 Items 50 through 54 are public hearings.

11:27:01 So anyone who intends to speak on any of these items

11:27:04 will need to stand up and be sworn in.

11:27:10 >>JOHN DINGFELDER: Need to open 50 --

11:27:13 >>SHAWN HARRISON: Let's hang on, please.

11:27:14 >>THE CLERK: Do you solemnly swear or affirm to tell

11:27:19 the truth, the whole truth and nothing but the truth?

11:27:21 >>SHAWN HARRISON: All right.

11:27:22 We need a motion.

11:27:23 Yes, Mr. Shelby.

11:27:24 >>MARTIN SHELBY: Thank you, Mr. Chair.

11:27:26 I ask that all written communications relative to

11:27:29 today's hearings that have been available to the




11:27:30 public at council's office be received and filed.

11:27:33 Have you received anything?

11:27:35 >>THE CLERK: Have not received anything.

11:27:37 >>MARTIN SHELBY: That being the case if any member of

11:27:38 council has had any verbal communication with any

11:27:41 petitioner, his or her representative or any members

11:27:44 of the public in connection with any of today's

11:27:46 hearings, that member should disclose the identity of

11:27:48 the person with whom the verbal communication occurred

11:27:51 and the substance of that communication.

11:27:53 Thank you.

11:27:53 >>SHAWN HARRISON: Item number 50.

11:27:57 >>MARY ALVAREZ: Move to open.

11:27:58 >>LINDA SAUL-SENA: Second.

11:27:59 (Motion carried)

11:28:00 >>SHAWN HARRISON: Is there anyone in the public to

11:28:05 speak on item number 50?

11:28:09 >>> Joe Robinson.

11:28:10 Switching hats.

11:28:11 >>MARY ALVAREZ: Remember, Joe, we are not on

11:28:15 television.

11:28:15 >>> It doesn't matter.




11:28:16 I'm not here to be on television.

11:28:18 I'm here to express my opinion.

11:28:21 The reason I'm here is that on item number 50, this is

11:28:24 the monopole.

11:28:25 I'm still wearing my flag.

11:28:27 So I want to be here to say please go ahead so I don't

11:28:33 get no more traffic tickets, okay?

11:28:36 But I'm just here to say that I support number 50.

11:28:40 And I think everything is okay with it.

11:28:41 And I just appreciate City Council moving forward.

11:28:43 >>MARY ALVAREZ: Thank you.

11:28:47 >> Move to close.

11:28:48 >> Second.

11:28:48 (Motion carried).

11:28:49 >>KEVIN WHITE: Move to adopt the following ordinance

11:28:54 upon second reading, move an ordinance approving a

11:28:57 special use permit S-2 approving a 130-foot monopole

11:29:00 in a CG commercial general zoning district in the

11:29:04 general vicinity of 3841 West Kennedy Boulevard in the

11:29:07 city of Tampa, Florida and as more particularly

11:29:10 described in section 1 hereof reducing the minimum

11:29:12 separation to residential use from 130 feet to 74 feet




11:29:16 increasing the maximum allowable height from 80 feet

11:29:19 to 130 feet providing an effective date.

11:29:21 >> Second.

11:29:22 >>JOHN DINGFELDER: Yes.

11:29:24 >>LINDA SAUL-SENA: Yes.

11:29:24 >>MARY ALVAREZ: Yes.

11:29:25 >>GWEN MILLER: (No response.)

11:29:27 >>KEVIN WHITE: Yes.

11:29:30 >>ROSE FERLITA: Yes.

11:29:32 >>SHAWN HARRISON: Yes.

11:29:33 >>ROSE FERLITA: Now he can see the flag waving from

11:29:36 the Scaglione home.

11:29:42 >> Move to open number 51.

11:29:43 >> Second.

11:29:44 (Motion Carried).

11:29:44 >>SHAWN HARRISON: Is there anyone to speak on item

11:29:46 number 51?

11:29:47 >> Move to close.

11:29:48 >> Second.

11:29:48 (Motion carried).

11:29:49 >>MARY ALVAREZ: I move to adopt the following

11:29:55 ordinance upon second reading, an ordinance rezoning




11:29:57 property in the general vicinity of 307-309 south

11:30:00 Fremont Avenue and 1907 west Azeele street in the city

11:30:03 of Tampa, Florida and more particularly described in

11:30:05 section 1 from zoning district classifications RM-16

11:30:09 residential multifamily to PD single family attached

11:30:12 and multifamily, providing an effective date.

11:30:13 >>SHAWN HARRISON: we have a motion and second.

11:30:17 Any discussion on the motion?

11:30:19 Roll call vote.

11:30:19 >>JOHN DINGFELDER: Yes.

11:30:21 >>LINDA SAUL-SENA: Yes.

11:30:22 >>MARY ALVAREZ: Yes?

11:30:23 >>GWEN MILLER: (No response.)

11:30:26 >>SHAWN HARRISON: Yes.

11:30:26 >>ROSE FERLITA: (No response.)

11:30:27 >>KEVIN WHITE: Yes.

11:30:27 >>THE CLERK: Motion carried with Miller and Ferlita

11:30:30 being absent.

11:30:32 >>MARY ALVAREZ: Motion to open number 52.

11:30:36 >> Second.

11:30:36 (Motion carried).

11:30:38 >>SHAWN HARRISON: Item 512nd is now open. Is




11:30:40 there anyone in the public that would like to speak on

11:30:42 item 52?

11:30:43 Motion to close and second.

11:30:45 (Motion carried).

11:30:46 >>LINDA SAUL-SENA: I move to adopt the following

11:30:51 ordinance upon sec second reading, an ordinance

11:30:54 rezoning property in the general vicinity of 310 south

11:30:56 Fremont Avenue in the city of Tampa, Florida and more

11:30:58 particularly described in section 1 from zoning

11:31:00 district classifications RM-16 residential multifamily

11:31:04 to PD single family attached, providing an effective

11:31:07 date.

11:31:08 >>SHAWN HARRISON: We have a motion and second.

11:31:11 Roll call.

11:31:11 >>JOHN DINGFELDER: Yes.

11:31:13 >>LINDA SAUL-SENA: Yes.

11:31:13 >>MARY ALVAREZ: Yes.

11:31:15 >>SHAWN HARRISON: Yes.

11:31:17 >>KEVIN WHITE: Yes.

11:31:17 >>THE CLERK: Motion carried with Miller and Ferlita

11:31:20 being absent.

11:31:21 >>MARY ALVAREZ: Move to open number 53.




11:31:26 >> Second.

11:31:26 (Motion carried).

11:31:27 >>SHAWN HARRISON: Is there anyone in the public that

11:31:29 would like to speak on number 53?

11:31:32 >> Move to close.

11:31:32 >> Second.

11:31:33 (Motion carried).

11:31:35 >>JOHN DINGFELDER: Move to adopt the following

11:31:38 ordinance upon second reading, an ordinance rezoning

11:31:41 property in the general vicinity of 1703 North Tampa

11:31:43 Street and 1616 North Franklin Street in the city of

11:31:46 Tampa, Florida as more particularly described in

11:31:49 section 1 from zoning district classification CI

11:31:51 commercial intensive to PD mixed use retail and

11:31:54 multifamily residential, providing an effective date.

11:31:57 >>SHAWN HARRISON: Motion and second.

11:31:59 Roll call.

11:32:02 >>THE CLERK: Motion carried with Miller and Ferlita

11:32:07 being absent.

11:32:12 >>JOHN DINGFELDER: Move to open 54.

11:32:14 >> Second.

11:32:14 (Motion carried).




11:32:15 >>SHAWN HARRISON: Is there anyone in the public to

11:32:18 speak on item 54?

11:32:20 >> Move to close.

11:32:20 >> Second.

11:32:21 (Motion carried).

11:32:21 >>KEVIN WHITE: Move to adopt an ordinance on second

11:32:31 reading, an ordinance rezoning property in the general

11:32:34 vicinity of 6813 north Wellington Avenue in the city

11:32:37 of Tampa, Florida and more particularly described in

11:32:39 section 1 from zoning district classification PD to PD

11:32:43 providing an effective date.

11:32:43 >>SHAWN HARRISON: Motion and second.

11:32:45 Roll call.

11:32:50 >>THE CLERK: Motion carried with Miller and Ferlita

11:32:54 being absent.

11:32:56 >>SHAWN HARRISON: All right.

11:32:57 Now actually we haven't sworn in these witnesses.

11:32:59 If anyone would like to speak on items 55 through 61,

11:33:05 please stand and raise your right hand to be sworn in.

11:33:14 (Oath administered by Clerk).

11:33:20 >>SHAWN HARRISON: Do we have a motion to open 55?

11:33:23 >> So moved.




11:33:23 >> Second.

11:33:23 (Motion carried).

11:33:24 >>JOHN DINGFELDER: How many votes was that?

11:33:28 >>SHAWN HARRISON: Item 55?

11:33:32 Just four as far as anyone knows.

11:33:40 >>JOHN DINGFELDER: Is this a 5 or 4?

11:33:43 >>MARTIN SHELBY: Four.

11:33:44 >>SHAWN HARRISON: You're on now.

11:33:45 >>> At the appropriate time.

11:33:46 My name is lean A young green, 3406 north Evan Avenue.

11:33:52 And I wanted to take a quick moment to discuss the CRA

11:33:58 on the police station site.

11:33:59 We are pleased that we are at this point now, have

11:34:02 been involved with this, as you know for many years,

11:34:05 and had hoped that we would get to where we are.

11:34:09 I have had some conversations with Mr. Huey and Mr.

11:34:15 Chen, and some staff at the Planning Commission.

11:34:22 And wanted to mention that we would like to see, a

11:34:28 some point, where the official documentation of the

11:34:33 community involvement is placed.

11:34:37 Originally we had thought that it needed to be in the

11:34:40 actual CRA plan.




11:34:42 However, as it's being amended now, we recognize that

11:34:46 it's being made broader rather than specific.

11:34:52 And that perhaps the that we have the involvement of

11:34:58 the community or the community advisory, that may not

11:35:00 be the appropriate place for it.

11:35:02 In talking to staff, Mr. Huey was kind enough to

11:35:05 provide me with information on the CRA financial

11:35:10 policy.

11:35:12 And I'm not sure -- we're not sure, but we'd like to

11:35:15 find out where is it documented or where is the

11:35:18 appropriate place for the CRA agency to include the

11:35:24 involvement of the community?

11:35:27 We are very pleased with what's going on right now.

11:35:30 The administration, the City Council, the staff are

11:35:33 being doing a wonderful job of making sure that the

11:35:36 community is involved.

11:35:37 However, we have a history, and we have been through

11:35:40 several administrations, that sometimes when things

11:35:47 aren't written it doesn't happen when there's a change

11:35:49 within those who make the decisions.

11:35:51 So we want to make sure that somewhere in policy

11:35:55 there's some bit of paper and some documentation that




11:35:57 as the community we could be sure that we are involved

11:36:02 in the process.

11:36:03 I'm not referring specifically to Tampa Heights

11:36:07 association, although that's one of the entities that

11:36:10 has helped to move this forward.

11:36:14 But we are talking about the community as a whole,

11:36:16 broader representation, and making sure that there's

11:36:20 opportunity for us to recognize that CRAs only on

11:36:25 the point of Tampa Heights that will affect all of our

11:36:28 area, and also that when the decisions are made that

11:36:34 it doesn't have the effect of concentrating only in

11:36:38 that area.

11:36:39 There was a time when there were discussions about

11:36:42 that area being a gated community, and we totally

11:36:47 objected to that.

11:36:49 We, at the time, represented residents who were there.

11:36:55 Now there are no residents there.

11:36:55 But we believe we still continue to be the voice of

11:36:57 the residents who were formerly there when we started

11:37:00 the CRA.

11:37:01 So during the process we just want to make sure that

11:37:04 that happens.




11:37:05 We also talked about activities that I'm sure you will

11:37:09 agree with, cultural arts, other recreational

11:37:12 activities happening there, and the access to the rest

11:37:15 of the community to that entire area.

11:37:17 >>SHAWN HARRISON: Thank you, ma'am.

11:37:19 I think we have a question.

11:37:21 Mr. Dingfelder.

11:37:21 >>JOHN DINGFELDER: I see Mr. Chen there.

11:37:24 Mr. Chen, I think those are very good questions.

11:37:26 In Ybor City we have the YCDC.

11:37:29 In the Channel District we have a channel committee

11:37:31 that gives advice to us as the CRA.

11:37:34 And I'm just wondering how we are going to work that

11:37:38 or how are we working that in the police station CRA?

11:37:44 And specifically in answer to these questions?

11:37:48 >>MICHAEL CHEN: On January 20th of 2005, you

11:37:51 adopted a CRA financial policies and administration

11:37:55 document.

11:37:57 It includes -- in fact I can put it on the Elmo if you

11:38:01 would like.

11:38:05 >> Just give us a summary for expediency.

11:38:08 >>> One sentence.




11:38:08 Each CRA organization has slash will have a committee

11:38:12 identified to interact with the city regarding

11:38:14 allocation of TIF revenues.

11:38:16 The goal of this interaction is to reach consensus

11:38:19 regarding annual and long-term TIF revenue, planning

11:38:23 and expenditures.

11:38:25 I'd like to remind you that when we went through the

11:38:27 budget process for fiscal year 2006, we actually

11:38:31 brought representatives of the leadership for each CRA

11:38:35 to you, so that you could interact with them and

11:38:39 confirm with each of the advisory committees their

11:38:44 concurrence and support of the budgets that were being

11:38:47 put forth to you and represented by the staff as being

11:38:51 concurred with the communities.

11:38:54 I think that certainly represents our practice of

11:38:59 making sure that we have the communities that we have

11:39:03 concurrence and a working relationship with the

11:39:06 communities.

11:39:06 And I think that the financial policies that I just

11:39:09 read to you is a document that reflects an official

11:39:12 and formal status of an advisory committee for each

11:39:17 CRA.




11:39:18 >> I think if I could elaborate.

11:39:20 I think the important thing is, now you are telling us

11:39:22 there will be an advisory group board to CRA.

11:39:26 >>MICHAEL CHEN: There is existing today an advisory

11:39:28 group in the CRA.

11:39:30 >> In that CRA.

11:39:32 >>> Yes.

11:39:32 >> Does that include the neighborhood?

11:39:35 That adjacent neighborhood?

11:39:37 Or representative of that adjacent neighborhood?

11:39:41 >>MICHAEL CHEN: Had the way that I see this, it seems

11:39:43 that the advisory board, the CRA advisory board, works

11:39:49 within the context of a bigger civic association for

11:39:52 the Tampa Heights larger group.

11:39:56 The CRA meetings are certainly open.

11:40:00 Everybody is participating in it.

11:40:02 And in fact when I first went and met with them and

11:40:06 discussed the proposed budget for 2006, that budget

11:40:11 proposal was presented to the entire -- to the bigger

11:40:16 group.

11:40:16 It wasn't just limited to just the CRA committee.

11:40:24 >>LINDA SAUL-SENA: First of all, I want to complement




11:40:26 Lena green on her presentation for the downtown

11:40:29 partnership breakfast where she did a great job

11:40:32 explaining what's going on in Tampa Heights. The

11:40:34 Tampa Heights neighborhood has put more energy into

11:40:37 their plan than maybe any neighborhood in town which

11:40:39 is a huge compliment, just huge.

11:40:42 I think the plan needs to be referenced in our CRA

11:40:45 documents because the plan for Tampa Heights, which

11:40:47 they worked on so hard, is smack up against the CRA

11:40:50 area, and I think that Mr. Chen, if you could come

11:40:55 back to us at our next CRA meeting and give us

11:40:58 specifically the individuals from the Tampa Heights

11:40:59 area who will be included in the conversations about

11:41:02 the TIF budget, the budget is one thing.

11:41:05 Planning is another.

11:41:06 The neighborhood needs to be represented in both

11:41:09 capacities.

11:41:09 So don't answer now.

11:41:10 You can come back to us in CRA meeting.

11:41:13 At our CRA meeting.

11:41:15 Reassure us that they are being included both in the

11:41:17 development of the TIF budget and that their plan is




11:41:21 referenced in the CRA document.

11:41:22 >>MICHAEL CHEN: Okay.

11:41:25 But I do need to respond to that.

11:41:26 >>LINDA SAUL-SENA: Well, no.

11:41:29 Well, could you.

11:41:30 >>MICHAEL CHEN: The CRA advisory board was included,

11:41:33 could be included, and I will get the official list of

11:41:36 CRA members from Lena green.

11:41:43 It's her advisory board that she's in leadership of.

11:41:46 But I would also like to remind you not withstanding

11:41:49 the close proximity, the contributions that have been

11:41:52 made, the CRA is a TIF.

11:41:55 And the TIF boundaries are very clearly delineated and

11:42:02 by legal description, and every single penny of TIF

11:42:05 moneys that are raised in that district stay within

11:42:08 that boundary.

11:42:09 >>LINDA SAUL-SENA: We understand that.

11:42:11 >>SHAWN HARRISON: Ms. Alvarez.

11:42:14 >>MARY ALVAREZ: I couldn't remember the name, or

11:42:19 anybody that came in to the CRA when they were

11:42:22 presented the budget for the Tampa Heights plan.

11:42:29 >>> Ms. Green.




11:42:30 >> So, yes, I think Ms. Saul-Sena and Mr. Have made a

11:42:36 proper suggestion that you do bring us the names of

11:42:38 who is going to be there.

11:42:39 Because a civic association, I don't believe, would be

11:42:43 the vehicle to help with CRA funds and budgets.

11:42:51 I think it should be a community advisory group.

11:42:53 And it should be within, I believe, it should be

11:42:55 within the CRA district itself.

11:42:58 I may be wrong.

11:43:00 But I think that's the way it should be.

11:43:01 Those are the ones that are going to be getting the

11:43:03 benefit of the TIF dollars and they are going to be

11:43:05 spending it in that area.

11:43:07 >>> I would be happy to bring those names to you.

11:43:08 >>SHAWN HARRISON: Would anyone else lick to speak on

11:43:11 item 55?

11:43:13 Alvarez.

11:43:16 >>LINDA SAUL-SENA: So moved.

11:43:18 >> Second.

11:43:18 >>MARY ALVAREZ: Move to close.

11:43:22 >>> Joe Robinson, Palmetto street, past property owner

11:43:27 of Tampa Heights, one of the originators that helped




11:43:29 develop the Tampa Heights plan.

11:43:31 Tampa Heights plan that was adopted by the city should

11:43:36 have been part of the Tampa comprehensive plan.

11:43:38 I don't think it is right now.

11:43:39 And that's what's causing this disconnect.

11:43:42 If it was part of the Tampa comprehensive plan, it

11:43:45 would obviously have to deal with the CRA, or any CRA

11:43:49 that's developed.

11:43:50 Here today, we are adopting the consistency conformity

11:43:54 of the old police department site with the

11:43:59 comprehensive plan of the City of Tampa.

11:44:01 So that's what the resolution is on the table today to

11:44:05 do.

11:44:06 So if you are doing that, if the Tampa Heights plan is

11:44:09 part of the Tampa comprehensive plan, which I believe

11:44:11 we are getting ready to update, I would greatly

11:44:14 suggest having worked on that Tampa Heights plan

11:44:16 before I sold all my property over there, and my

11:44:19 mother's property over there, that that go forward.

11:44:22 But I'm here to say that much like in East Tampa, CRA

11:44:27 was a group of community people, and they didn't have

11:44:30 to be people that were staying in the CRA.




11:44:32 I mean, I went over there.

11:44:34 I'm from West Tampa but I have issues over in East

11:44:37 Tampa.

11:44:38 So there are a lot of people from East Tampa to go

11:44:40 there and have input as to how the dollars would be

11:44:43 spent.

11:44:44 And I think that to say if you just lived in that

11:44:48 certain zone, or if you are not in the CRA, that the

11:44:51 community just bordering that may not have any seat at

11:44:55 the table, would go against the grain of having

11:44:59 neighborhoods work in the City of Tampa with all of

11:45:01 the development.

11:45:02 And I think that's long due, that the Bank of America

11:45:06 project that needs this CRA to help it go forward,

11:45:12 should consider that prior to that.

11:45:15 It was the Lena young greens and the people from Tampa

11:45:19 Heights and the Tampa Heights plan, and all the folk

11:45:24 we had up there and all the talk about the housing

11:45:26 authority and all of that, finally got a nice plan.

11:45:29 So it would just make sense that even though they may

11:45:33 not be within the geographical boundaries of the old

11:45:35 Tampa police CRA, that the Tampa Heights community and




11:45:40 its you organization be afforded an opportunity to

11:45:43 participate in how that money would be spent.

11:45:46 Because it was a rundown area, was full of all kind of

11:45:52 things, and so forth and so on.

11:45:53 So it just makes sense to continue to have the

11:45:57 committee input even though they are not in the

11:45:59 geographical designation.

11:46:01 >>MARY ALVAREZ: Mr. Robinson, you're absolutely

11:46:04 correct.

11:46:04 The problem, way said was the money that the TIF is

11:46:07 going to be generated only goes to that area that's in

11:46:10 CRA.

11:46:11 Not to the neighborhood that's surrounding it.

11:46:14 And I said to the community advisory committee should

11:46:16 be a part of this discussion.

11:46:19 I'm not saying to leave anybody out.

11:46:21 Anybody can come in and say.

11:46:23 The thing about it is that when it comes down to for

11:46:26 the money to be spent, it's going to be spent in that

11:46:28 area only.

11:46:30 Okay?

11:46:31 >>> Yes.




11:46:32 Thank you very much.

11:46:32 >>SHAWN HARRISON: Would anyone else like to speak on

11:46:34 item 55?

11:46:36 >> Move to close.

11:46:37 >> Second.

11:46:37 (Motion carried).

11:46:38 >>MARY ALVAREZ: Move the resolution.

11:46:42 >>LINDA SAUL-SENA: Second.

11:46:42 >>SHAWN HARRISON: Any discussion?

11:46:45 (Motion Carried)

11:46:45 Thank you all very much.

11:46:47 Item number 56.

11:46:51 >>LINDA SAUL-SENA: Move to open.

11:46:52 >>SHAWN HARRISON: Need a second.

11:46:53 >>JOHN DINGFELDER: Second.

11:46:56 (Motion carried).

11:46:59 >>SHAWN HARRISON: Is there anyone in the public to

11:47:01 speak on item number 56?

11:47:03 Christine, are you coming up for this?

11:47:05 Okay.

11:47:05 >>LINDA SAUL-SENA: Move to close.

11:47:08 >> Second.




11:47:08 (Motion carried).

11:47:09 >>LINDA SAUL-SENA: This is a pleasure.

11:47:12 I'm thrilled they are coming forward to protect the

11:47:14 building.

11:47:14 Move an ordinance ---move to adopt the following

11:47:19 ordinance upon second reading, an ordinance of the

11:47:21 city of Tampa, Florida designating the majestic hedges

11:47:25 building located at 1202 North Franklin Street, Tampa,

11:47:28 Florida as an addition to the North Franklin Street

11:47:30 downtown local landmark multiple properties group as

11:47:33 more particularly described in section 3 hereof as a

11:47:37 local landmark providing for repeal of all ordinances

11:47:40 in conflict, providing for severability, providing an

11:47:41 effective date.

11:47:42 >>SHAWN HARRISON: We have a motion and second.

11:47:44 Discussion on the motion?

11:47:49 Roll call.

11:47:55 >>THE CLERK: Motion carried with Miller and white

11:47:59 being absent.

11:47:59 >>SHAWN HARRISON: Item number 57 we have a motion to

11:48:02 continue this to April 13th.

11:48:04 >> So moved.




11:48:05 >> Second.

11:48:05 >>JOHN DINGFELDER: Any objection from the audience?

11:48:10 >>SHAWN HARRISON: I see the petitioner here.

11:48:11 You're fine obviously with that.

11:48:13 Anyone to speak on item number 57?

11:48:15 Let me ask this.

11:48:15 This will be continued to the day meeting.

11:48:17 And we have a whopper of a night meeting now.

11:48:19 So do we anticipate this is going to be controversial?

11:48:30 >>ROLANDO SANTIAGO: I have been informed that item 57

11:48:32 misnoticed so we are going to be doing the complete

11:48:34 process.

11:48:34 You won't see this again for weeks.

11:48:37 I would have to say -- that's what I was informed,

11:48:39 they misnoticed.?

11:48:46 >>THE CLERK: (Off microphone).

11:48:48 >>ROLANDO SANTIAGO: I got an e-mail from Rhonda saying

11:48:52 the petitioner advised that they misnoticed.

11:49:00 Okay.

11:49:00 >>SHAWN HARRISON: We have a motion to continue item 57

11:49:03 to April 13th.

11:49:04 >>JOHN DINGFELDER: 10 a.m.?




11:49:07 >> Second.

11:49:07 (Motion carried).

11:49:08 >>SHAWN HARRISON: Thank you.

11:49:11 Item 58.

11:49:13 This is a continued public hearing.

11:49:15 Is there anyone who would like to speak on item 58?

11:49:18 Come on up.

11:49:21 >>> My name is Joseph McGough, petitioner, and I have

11:49:27 been sworn in.

11:49:28 This has been a continued a few times.

11:49:33 I'm sorry.

11:49:35 >>ROLANDO SANTIAGO: Jimmy Cook is on his way.

11:49:37 We typically do -- this is right-of-way vacating.

11:49:40 And he typically does the presentation, to show you

11:49:45 what's being photographed.

11:49:47 He is on his way.

11:49:48 I defer to council if you want to proceed.

11:49:51 >>SHAWN HARRISON: We'll go to 59.

11:49:54 We'll get to yours in a minute.

11:49:55 >>JOHN DINGFELDER: That's another vacating.

11:49:58 >>ROLANDO SANTIAGO: He would need Jimmy for all of

11:50:01 these.




11:50:02 58, 59, 60, 61.

11:50:05 He is on hi his way.

11:50:06 >>JOHN DINGFELDER: Let's Zurn for lunch.

11:50:09 >>SHAWN HARRISON: I don't think we will get the

11:50:14 chapter 13 folks before noon anyway.

11:50:16 You think you will all have to come back at 1:30.

11:50:19 At this point I'll entertain a motion to adjourn for

11:50:22 lunch at be back at 1:30.

11:50:24 >> So moved.

11:50:25 >>LINDA SAUL-SENA: Second.

11:50:26 (Motion carried)

11:50:27 Motion carries.

11:50:29 We adjourn till 1:30.

11:50:36 (The City Council meeting recessed at 11:50 a.m.)

12:26:38





Tampa City Council

Thursday, February 23, 2006

1:30 p.m. Session

DISCLAIMER:

The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
transcript.
The original of this transcript was produced in all
capital letter


13:33:35

13:52:50 >>LINDA SAUL-SENA: Tampa City Council is called to

14:04:29 order.

14:04:30 Roll call.


14:04:42 Good afternoon.

14:04:42 We are reconvened and we are on item number 58 which

14:04:47 is a continued public hearing.

14:04:49 Is there anyone here who would like to speak on item

14:04:52 58?

14:04:55 Please come up, give us your name and address.

14:05:07 They were sworn in this morning but we can swear them

14:05:10 in again.

14:05:11 Sir, if you don't mind, we'll have the staff report

14:05:14 first.

14:05:22 >>JAMES COOK: Land Development Coordination.

14:05:23 I have not been sworn.

14:05:27 >>LINDA SAUL-SENA: Okay.

14:05:27 Anyone who has not been sworn who is going to testify

14:05:30 at any of these, 58, 59, 60 or 61, please stand at

14:05:33 this point and get sworn in.

14:05:38 >>THE CLERK: Do you swear or affirm to tell the truth,

14:05:49 the whole truth and nothing but the truth?

14:05:54 >>JAMES COOK: I will just give you a quick overview.

14:05:57 This is a continued public hearing from January.

14:05:59 As you recall, petitioner requested to vacate

14:06:03 unimproved portion.




14:06:07 Petitioner's property is in red.

14:06:08 Mr. Grandoff represents the pavilions, this property

14:06:11 here.

14:06:12 They objected to the vacating.

14:06:13 Staff did not have any objections to this.

14:06:15 And directed the petitioner, Mr. Grandoff, to get

14:06:18 together and work out something.

14:06:19 They can speak to that.

14:06:20 >>LINDA SAUL-SENA: Thank you.

14:06:24 Petitioner?

14:06:28 >>MARY ALVAREZ: Now you can talk!

14:06:31 >>> I hope that's a good thing.

14:06:32 My name is Joseph McGough, south fourth street.

14:06:37 I have been sworn in.

14:06:43 Been here.

14:06:44 I have given my little speech before and it's been

14:06:46 continued a couple different times.

14:06:48 If I could, I would like to start over again and show

14:06:53 the staff, or the council exactly what we're doing.

14:06:59 This is a picture of my property, the right-of-way,

14:07:03 and along this fence line is the pavilion apartment

14:07:08 complex.




14:07:08 As you can see, there's a lot of over growth, oak

14:07:15 trees.

14:07:15 This driveway -- I do have the support of staff to

14:07:18 vacate it.

14:07:19 Nobody uses it.

14:07:21 You are never going to be able to get a road through

14:07:24 there.

14:07:24 And there's an easement through the middle of it.

14:07:29 I have maintained my property for five years along

14:07:31 with the right-of-way. The neighbor behind me Frank

14:07:34 Cothern who is in support this, he signed that

14:07:38 petition I gave to you folks earlier, unable to be

14:07:40 here, he is in support of it.

14:07:44 He has maintained his property and the right-of-way

14:07:46 for 25 years.

14:07:48 Now, one of the big concerns is further down the road

14:07:51 on the corner of Binnicker and MacDill, there's 12

14:07:55 units, section 8 apartment complex on the south side

14:08:00 of the corner, two doors down, two houses down, and on

14:08:03 the other side of the street, there's three, four-unit

14:08:06 quadplexes that are also section 8 units.

14:08:13 Further down MacDill there's a bunch more, along




14:08:16 with a little, I guess, quickie mart that you can get

14:08:22 your quart bottles of beer and stuff.

14:08:25 However, the problem is, this is a little funnel where

14:08:27 they come through, now, through my yard, through the

14:08:30 backyard, and I met with John Grandoff out there at

14:08:36 the property, trying to work this out, as two --

14:08:41 trying to work through him to get this thing worked

14:08:43 out.

14:08:43 And John and I walked the property.

14:08:46 We measured out where the drainage ditch is.

14:08:49 He walked further down the easement.

14:08:51 Of course, after a weekend, there were some beer

14:08:54 bottles, bottles of Colt 45 and stuff.

14:08:57 He met Mr. Cothern who told him about the stolen cars

14:09:02 being abandoned.

14:09:05 Right back through here, this little pole right here,

14:09:08 that's the end of my property.

14:09:10 But there's a whole hedge along the back of my yard,

14:09:13 orange trees, tangerine trees, and you can see a fence

14:09:17 around Mr. Cothern's pool area.

14:09:21 People pull back in there. He's had a stolen car

14:09:24 abandoned back there.




14:09:26 There's been a couch dumped back there along with some

14:09:29 press board furniture, occasionally some -- the guys

14:09:34 that install carpet.

14:09:35 If they can't find a dumpster they'll come back there.

14:09:38 And it's a nuisance.

14:09:43 On more than one occasion, I'll come home from work.

14:09:46 There's been cars back there.

14:09:47 And I run them off.

14:09:50 I don't particularly care to call 911.

14:09:53 It turns in to something.

14:09:57 I can get out there and do it.

14:09:59 However, this kind of says a lot right here.

14:10:03 You see literally got wagon trails through our yard.

14:10:07 There's a bum path through there.

14:10:09 And there it is bigger than Dallas.

14:10:12 John Grandoff seen that, and, you know, go forward,

14:10:20 and then we had a meeting with Roland Santiago at his

14:10:23 office, and still trying to work this out with Roland,

14:10:27 and John's comments were, well, the Chapman's big

14:10:33 problem they thought I was going to build on top of

14:10:35 the drainage easement.

14:10:36 That's not the case.




14:10:37 Never has been.

14:10:38 Now, he also made the comment that, you know, hey,

14:10:42 I've got a bona fide concern regarding vagrancy.

14:10:47 Getting stuff back there, getting people in my

14:10:50 backyard that don't belong there.

14:10:51 And it's a problem.

14:10:54 I've also circulated a petition around the

14:10:57 neighborhood.

14:10:57 You know, when I started this, I made phone calls.

14:11:02 I knocked on doors.

14:11:03 I talked to people.

14:11:04 I talked to my neighbors.

14:11:07 I try to be -- you know what, people know what's going

14:11:11 on.

14:11:11 And I do have a petition signed by 20 of the neighbors

14:11:14 there.

14:11:14 And the area is what it is.

14:11:18 But it's our little piece of heaven and we live there.

14:11:21 We're not trying to impede on Heyward Chapman's

14:11:26 business at all.

14:11:27 I like the guy.

14:11:28 I met with him.




14:11:29 And Heyward, I think hope work this out.

14:11:32 Either way this goes, you know.

14:11:36 We're good neighbors and we are going to be able to

14:11:39 work this out.

14:11:39 However, the drainage, as far as the drainage goes,

14:11:47 when I started this, you know, speaking with Alex

14:11:51 Awad, your staff P.E., and he handcuffed me.

14:11:55 As soon as this is vacated that whole entire area is

14:11:57 going to remain a green space, you cannot alter

14:12:00 drainage canal.

14:12:02 Never has been my intent.

14:12:04 I have the lowest yard in the property.

14:12:06 When the four hurricanes come through, Joe is out

14:12:09 there with the shovel, moving things along.

14:12:11 I don't need that altered in any way.



Like I told you before, I've been maintaining the

right-of-way.

I have a riding lawnmower and I mow the whole damn

thing.

So it's not a problem.

I pick up the garbage before I mow it.




When the city comes through there, they got their

little weed eaters.

It's just like you see on the medians, in the freeway,

mow over the garbage and it looks pretty bad.

>>LINDA SAUL-SENA: You'll have a chance for rebuttal.

>>> Excuse me?

>> I said you'll have a chance for rebuttal.

>>> Okay.

Let me wrap up this.

I do have the support of the neighborhood.

I think this is a good thing.

-=-

I believe my point is valid.

Of course, let them speak their piece and I'll rebut

anything.

>>LINDA SAUL-SENA: Thank you very much.

Would anyone from the public like to speak on this?

Please come up and give your name and address.

>>JOHN GRANDOFF: My address is suite 3700 Bank of

America Plaza.

I represent JMC properties and Jackie and Heyward

chapman and they oppose the application because this




easement is 40 feet wide, and it's being used for

drainage in the inner bay peninsula near Ballast

Point.

Let me put this on the Elmo.

It's hard to see.

Stormwater comes from this quadrant, enters this

easement.

We feel there's a public use for the property and it

should not be maintained for private use.

If you vacate it, if Jackie and Heyward would take the

south 20 feet, as an olive branch we have offered to

rezone his properties from RS 60 to RS-50.

Jackie and Heyward would support that. They are

plotted 50 feet wide and very deep.

And here is a photograph of Joe's property.

I think that's the better public policy way to handle

this.

The alley would remain -- the right-of-way would

remain open.

It would serve both properties as it has, and it would

serve that stormwater area I just think that's the

better policy decision.




14:16:20 >>LINDA SAUL-SENA: Are there any questions for Mr.

14:16:22 Grandoff?

14:16:24 I have a question.

14:16:26 The issue that he alluded to was a lot of vagrants

14:16:31 walking through, illegal property being dumped there.

14:16:33

14:16:39 Are your clients concerned about that?

14:16:40 >> They haven't experienced that.

14:16:42 Joe walked me down there.

14:16:43 It's a long piece of property.

14:16:47 Mrs. Saul-Sena, that's a police enforcement issue.

14:16:50 I don't think vacating the alley is going to solve the

14:16:52 issue because the city wants to reserve a drainage

14:16:55 easement.

14:16:55 If they do that, city policy is you cannot fence the

14:16:58 area.

14:17:00 So you are not going to be able to put a fence here.

14:17:02 >>ROSE FERLITA: Mr. Grandoff, I would like to ask Mr.

14:17:08 Cook.

14:17:10 They asked to maintain that right-of-way but it

14:17:14 doesn't mean you can't fence it in.

14:17:17 You have an easement.




14:17:19 >>> That goes to the enforcement issue of preventing

14:17:22 the vagrancy.

14:17:24 >>ROSE FERLITA: But what I'm saying is if we demand

14:17:26 that he leaves that open in terms of easements, it

14:17:29 still doesn't mean he can't stop the vagrants from

14:17:31 coming back and forth by closing it off.

14:17:33 >>JAMES COOK: That is true.

14:17:35 Once it's vacated, if we do reserve any easements the

14:17:38 only stipulation is you can't put anything permanent.

14:17:42 You would be allowed to fence with the understanding

14:17:42 if any utility needs to get in there you have to

14:17:45 remove the fence or let them access the area.

14:17:50 >>ROSE FERLITA: I wonder if I can ask another question

14:17:52 then.

14:17:54 Joe, you're under oath, I think, right?

14:17:59 Petitioner: Yes.

14:18:00 >> Tell me what you think about -- I'll use your own

14:18:02 terms -- what Mr. Grandoff here, bigger than Dallas,

14:18:05 is that what you said?

14:18:07 Are your intentions? Are you thinking of doing -- I

14:18:10 mean, obviously you may change your mind tomorrow.

14:18:12 But tell me a little more about what you're doing.




14:18:14 >>> My intentions were to -- I was hoping for me and

14:18:19 Mr. Cothern to provide a fence along the back.

14:18:25 That is not feasible.

14:18:26 One of the things, I'm going to continue to maintain

14:18:28 that easement.

14:18:29 And, you know, I have been doing it anyway.

14:18:32 It's not a problem.

14:18:33 Even if I lose this, I'll continue to do that.

14:18:37 It's my understanding that, you know, the property

14:18:40 owner to the north needs to maintain, you know, his

14:18:43 portion, and the property owner to the south needs to

14:18:45 maintain his portion.

14:18:47 Even if it is right-of-way.

14:18:49 I've been doing the whole thing.

14:18:50 It's not a problem.

14:18:53 You know, if you let city come through there, like I

14:18:55 said before, they are going to come and mow through

14:18:58 there, and they don't pick anything up.

14:19:00 If you want something done right you do it yourself.

14:19:02 I like to fence it.

14:19:04 I'd like some relief from this.

14:19:06 That being a funnel for --




14:19:11 >>ROSE FERLITA: I just have to take you at your words'

14:19:15 worth.

14:19:15 Are you doing this from the standpoint that you

14:19:17 think -- Jew bring up a good point

14:19:26 (Laughter).

14:19:27 Okay.

14:19:27 On that easement, and I have some paperwork from

14:19:30 Roland, that is a simple name change.

14:19:32 That's going to -- I cannot build, do anything with

14:19:35 that.

14:19:36 That's going to remain an easement.

14:19:38 And I cannot build on it, modify it, alter it in any

14:19:42 way.

14:19:43 And that is my intent.

14:19:44 I intend to keep that drainage, you know, just keep

14:19:47 moving on.

14:19:47 >>ROSE FERLITA: But legal, correct me if I am wrong,

14:19:51 Mr. Santiago, if we vacate this, if we find a purpose

14:19:55 to be suit to believe approve the vacation, that still

14:19:57 adds to this property, whether it creates an easement

14:20:00 status or not, right?

14:20:03 >>ROLANDO SANTIAGO: You are correct.




14:20:04 Effectively his property line will move over to the

14:20:07 center line.

14:20:07 So for purposes of measuring where his property ends,

14:20:10 you're right, that will move over.

14:20:11 The quality, the purposes for which that area will be

14:20:14 used will remain the same but the fee title, the fee

14:20:17 status will move, will shift.

14:20:19 >>MARY ALVAREZ: Let me ask a question, too, Mr.

14:20:22 Santiago. Mr. Grandoff is alluding to the fact he

14:20:26 might change from the RS-60 to RS-50.

14:20:29 Can dough that?

14:20:32 >>ROLANDO SANTIAGO: Let me answer the question,

14:20:33 anybody can apply for rezoning, whether or not they

14:20:35 get it that's a different matter.

14:20:37 >>MARY ALVAREZ: It doesn't matter.

14:20:42 >>> Joe: If and when that time comes, I'll be back in

14:20:45 front of you good folks with my hat in my hand.

14:20:49 That's not what's in front of us.

14:20:51 I mean that.

14:20:52 You know, really, when I started this, I did knock on

14:20:56 doors.

14:20:56 I did try to get the neighborhood involved.




14:20:59 I called Mr. and Mrs. Chapman.

14:21:02 And I'm not trying to hide anything here.

14:21:06 I think this is a good thing for the neighborhood.

14:21:07 And you know, like I said, I checked with the

14:21:10 neighborhood.

14:21:10 They signed that petition.

14:21:12 And, as a matter of fact, if you oppose it, they could

14:21:15 have signed that, too.

14:21:19 20 out of 21, not about average, Heyward and I

14:21:27 disagree respectfully.

14:21:29 I hope to remain a good neighbor.

14:21:30 I like the guy.

14:21:31 >>LINDA SAUL-SENA: Any other questions by council

14:21:37 members?

14:21:38 >>MARY ALVAREZ: Mr. Chapman is coming up.

14:21:40 >>> Heyward Chapman.

14:21:41 I have been sworn in.

14:21:42 My address is 4309 Bayshore Boulevard.

14:21:45 I bought the property in 1985 from the Diocese of

14:21:49 St. Petersburg, never been built on.

14:21:51 And the city required me to do a drainage plan for the

14:21:54 property going all the way to MacDill, and all the




14:21:57 way up to Interbay Boulevard.

14:21:59 That's a collector area, seeing about drainage

14:22:03 problems and issues.

14:22:04 You're all invited to go down to the property.

14:22:07 On the backside, if I could point to the east end of

14:22:12 this yellow marking, the property that belongs to my

14:22:16 wife, actually, she's the owner, she's the boss.

14:22:19 But the property goes further into the woods.

14:22:22 And if you will see a line going southward, you'll see

14:22:27 some ponds.

14:22:28 And the engineering was done by pierce Hamilton and we

14:22:36 oversized the drainage because the city engineer for

14:22:40 the City of Tampa wanted the area taken care of to

14:22:44 build the 276 condominiums that are built there.

14:22:44 There is a pop-off into a six-foot steel concrete

14:22:50 reinforced drainage box built in a WPA days popping

14:22:56 off into the bay.

14:22:56 But if it weren't for me, digging a big enough

14:22:59 retention pond for the area, Mr. McGough would not

14:23:04 have drainage for his lot that the previous owner

14:23:06 owned.

14:23:06 It would still be wet.




14:23:08 But the retention engineering for this property had to

14:23:11 take in to the surrounding area and has worked

14:23:15 wonderfully well.

14:23:16 In the 20 years since it was -- it was finished in

14:23:19 '88-89.

14:23:21 That area has been well served by the retention pond.

14:23:25 And this area where he's trying to vacate is really

14:23:28 important to the collector system that goes into this

14:23:31 pond.

14:23:32 And in the 20 years -- I've been there for 20 years

14:23:37 taking care of maintenance and running the property

14:23:39 for my wife -- maybe you need to get a police report.

14:23:44 I haven't seen any stolen cars.

14:23:45 But behind his house, and the house behind him, that's

14:23:48 private property presently owned.

14:23:50 That is not maintained.

14:23:52 And I gave Mr. Grandoff some pictures from his house

14:23:56 all the way down the line, and I have to disagree with

14:24:02 him totally as far as his need to hold this for

14:24:09 retention or it will be an easement and he won't build

14:24:12 on it.

14:24:12 He sat in my wife's office with Jack and myself and




14:24:18 said they wanted $430,000 for two lots.

14:24:22 So I told Mr. Grandoff, we'll be delighted to support

14:24:25 his issue for RS-50.

14:24:28 But I have to really tell you, if it weren't for our

14:24:34 retention, he wouldn't drain right now as much as he

14:24:39 does, and he couldn't build without building up and

14:24:41 filling in and so forth.

14:24:43 I have some pictures of the entire area, if I could

14:24:45 give them to you, or how you might want to see them.

14:24:47 >>LINDA SAUL-SENA: If you would give them to Mr. White

14:24:51 and we'll pass them around.

14:24:52 I think there are questions by council members.

14:24:54 Ms. Alvarez.

14:25:00 >>MARY ALVAREZ: Mr. Chapman, if this alley is vacated,

14:25:04 that's not going to change anything in the retention

14:25:06 area, is it?

14:25:09 >>> No, ma'am, unless -- as far as the vagrants and

14:25:15 the beer bottles, I disagree.

14:25:17 Our maintenance department is right there across -- at

14:25:19 the property line.

14:25:20 We have people there all the time.

14:25:22 And the issues he's bringing up about vagrants and the




14:25:25 people coming through there and an alleyway, I have

14:25:28 got pictures -- and you can look at them.

14:25:30 And those trails aren't in my pictures and I just made

14:25:33 them a couple of days ago, that there are no trails.

14:25:35 >>MARY ALVAREZ: My question is it's not going to

14:25:38 change anything as far as the drain of the water,

14:25:41 because it's coming down the alley.

14:25:43 It's coming down -- it's been coming down all this

14:25:46 time.

14:25:46 And I don't believe that even if we vacate the alley

14:25:49 it's going to change anything.

14:25:51 That's the way I see it.

14:25:54 >>> Well, that's a stormwater issue that maybe the

14:25:56 city needs to look at or consider.

14:25:57 >>MARY ALVAREZ: Are you planning to do something to

14:26:01 the retention pond or anything?

14:26:03 >>> No.

14:26:04 No, I'm not planning on it.

14:26:06 I think as far as keeping the area today, if he gets

14:26:09 the property, the retention -- the ditch is actually

14:26:12 on the 20 feet that would go to our side, and it would

14:26:16 be just giving up the area, as far as having a house




14:26:21 closer to the property line.

14:26:22 >> So who is maintaining the property now?

14:26:25 >>> Actually, the city is taking care of it.

14:26:30 Mr. McGough, I've never seen him ride his lawnmower

14:26:34 over there. I've seen the city many times.

14:26:36 But the residents directly behind his house is in that

14:26:40 picture there.

14:26:40 If you'll see the street behind his street, you'll see

14:26:44 a drainage, concrete drainage culvert going into that

14:26:49 from, I think, third or second street.

14:26:53 Third Street.

14:26:55 So Third Street comes in.

14:26:56 And you will see a picture of Third Street with a

14:26:59 concrete culvert coming from Third Street into the

14:27:02 ditch.

14:27:02 So if you vacate that, you're vacating part of a

14:27:06 street there, and the collector that goes into there.

14:27:10 And I just really disagree with who maintains it.

14:27:14 It's been maintained -- the pictures of his house that

14:27:16 you see there, the right-of-way area is maintained by

14:27:21 the city.

14:27:22 I'm sorry.




14:27:23 Needs to remain in its present condition.

14:27:25 >>MARY ALVAREZ: Thank you.

14:27:26 >>LINDA SAUL-SENA: Is there anyone else from the

14:27:28 public that would like to speak on this?

14:27:33 The petitioner can come back and do a brief rebuttal.

14:27:36 >>MARY ALVAREZ: Did you want these pictures back,

14:27:39 John?

14:27:40 >>JOHN GRANDOFF: Yes

14:27:43 Joe: At first, when this process started, I asked,

14:27:50 after our meeting at Rolando Santiago's office, I

14:27:53 asked John Grandoff, you know, it seemed to be that we

14:27:58 would be able to work, you know, our situation out.

14:28:02 And it was my intent -- I got a call from John

14:28:04 Grandoff stating that, well, the chapman's disagree,

14:28:08 they don't see that being a vagrancy issue.

14:28:11 And my comment was, is there any way I can meet with

14:28:14 him?

14:28:14 I mean, we're neighbors, for God's sakes, can't I go

14:28:17 over there and meet with him?

14:28:19 Went over and with him. This was something -- he made

14:28:22 that comment that I tried to sell it. This is

14:28:26 something he brought up.




14:28:27 He brought it up not once but twice.

14:28:30 Now it's not my intention to sell the property, or,

14:28:32 you know, anything underhanded.

14:28:35 This is something that he brought up.

14:28:37 And, you know, the reality of it is that once that

14:28:42 easement is vacated through there, it's locked in, by

14:28:46 code, by Alex Awad, by all the other easements.

14:28:50 I have been taking care of it.

14:28:51 I'll continue to do it.

14:28:52 It's not that big a deal.

14:28:54 If I cut only my yard and leave a big pile of weeds,

14:28:57 not good.

14:28:58 You know, that was one of my chores when I was a kid.

14:29:01 You mow the lawn.

14:29:02 You make it look nice.

14:29:03 I don't have great grass.

14:29:04 It's not St. Augustine.

14:29:05 It's Bahia and some weeds and throw some water on and

14:29:09 some fertilizer, mow it low, little like Pebble Beach.

14:29:16 >>ROSE FERLITA: We understand.

14:29:18 >>> Okay.

14:29:19 Get a little long. Anyway, less is probably a good




14:29:27 thing.

14:29:27 >>ROSE FERLITA: Move to close?

14:29:33 >>LINDA SAUL-SENA: No, because I want to ask staff a

14:29:35 question.

14:29:36 >>ROSE FERLITA: Then I should make my comments

14:29:38 afterwards.

14:29:38 >>LINDA SAUL-SENA: My question is of Mr. Awad.

14:29:44 As the keeper of all drainage, if the petitioner puts

14:29:49 up a chain link fence will this affect the drainage in

14:29:52 the area?

14:29:54 >>ALEX AWAD: No.

14:29:55 Stormwater department.

14:29:56 It would not affect the drainage system if a fence is

14:30:00 up.

14:30:00 We have allowed that in the past.

14:30:01 >>LINDA SAUL-SENA: Thank you.

14:30:04 Now a question for legal.

14:30:06 Mr. Santiago, can you speak to the issues in this?

14:30:13 >>ROLANDO SANTIAGO: Legal department.

14:30:17 >> From legal perspective.

14:30:18 >>> I have no come taker to add -- no commentary to

14:30:26 add.




14:30:26 >>ROSE FERLITA: Move to close.

14:30:29 >> Second.

14:30:29 (Motion carried).

14:30:30 >>ROSE FERLITA: This is one of those hard things that

14:30:32 we go back and forth on all the time whether or not

14:30:34 this is a public purpose or a private purpose, or we

14:30:36 are just giving some property just because they want

14:30:38 it.

14:30:39 And I know that we really look at cases one by one.

14:30:44 But Mr. Grandoff, it's a funny story, because I

14:30:47 remember not supporting another project in Beach Park

14:30:51 because those people particularly wanted those five

14:30:53 feet in order to build.

14:30:55 And you were the petitioner's representative.

14:30:57 And at that time I had to struggle with private

14:31:00 purpose or public purpose.

14:31:01 And I chose not to because it was a private purpose as

14:31:05 far as I thought.

14:31:05 They couldn't go forward with their petition unless we

14:31:08 granted them that vacation.

14:31:10 And it went and whatever the story was.

14:31:12 But I didn't support it for that reason because to me




14:31:14 it was obviously a private purpose. This one is a

14:31:16 little more complicated and more convoluted.

14:31:20 If it were simply that Joe was doing this to split up

14:31:24 his property, then obviously it's a private purpose.

14:31:27 And if that were his case, and as I asked him, and you

14:31:30 didn't exactly answer the question but that's okay.

14:31:32 No, no, no, doesn't matter.

14:31:34 You may say no today.

14:31:36 Tomorrow you may wake up and say you changed your

14:31:38 mind.

14:31:38 But at the same time, we do have an overriding purpose

14:31:42 in terms of vacating.

14:31:43 He's got some people that I suspect are abutting

14:31:48 property owners that say it's a public purpose and we

14:31:52 would like to see it vacated.

14:31:53 The city, when they maintain alleys, they don't

14:31:57 maintain them like I see there. And I would suspect

14:32:00 to think that Joe is not maybe manicuring it but he is

14:32:04 certainly maintaining the property and talking about

14:32:05 the fact that that opening causes vagrants or beer

14:32:10 bottles, et cetera.

14:32:11 So in my mind I'm going back and forth.




14:32:14 But I think in this case the public purpose overrides

14:32:17 the private purpose if it does come back, I don't know

14:32:20 what the overriding RS-50, 60 configuration is in that

14:32:24 area, and at this point it doesn't have anything to do

14:32:26 with this.

14:32:26 But his request to vacate it because it's a public

14:32:30 purpose, and I think that that's the overriding reason

14:32:33 to support it as opposed to opposing it.

14:32:35 So my motion is move for approval.

14:32:38 >>MARY ALVAREZ: Second.

14:32:39 >>LINDA SAUL-SENA: Motion and second for approval.

14:32:41 Any discussion on the motion?

14:32:42 You need to read it.

14:32:43 >>ROSE FERLITA: Move an ordinance vacating, closing,

14:32:45 discontinuing, abandoning a certain right-of-way on

14:32:48 that portion of Binnicker Avenue lying south of Bay

14:32:54 Avenue north of Averill Avenue, east of south fourth

14:33:00 street and west of south Third Street in Gadsen

14:33:05 Avenue, a subdivision in the city of city of Tampa,

14:33:09 Florida providing an effective date.

14:33:13 That means you can't build anything over it.

14:33:15 And to go into it -- anytime Alex needs to go in for




14:33:19 something, there is still an easement.

14:33:21 You understand that.

14:33:22 Thank you, Madam Chairman.

14:33:22 >>LINDA SAUL-SENA: Thank you.

14:33:24 Any more discussion on the motion?

14:33:27 Passed unanimously.

14:33:28 Thank you.

14:33:28 I want to go to item number 6.

14:33:30 I understand that there's a request that this be

14:33:33 continued because there are only four council members.

14:33:35 And I looked at our calendar.

14:33:39 Next week, March 2nd, we have a relatively light

14:33:44 week coming up.

14:33:45 So can I hear a motion?

14:33:47 And we really apologize to all of you who waited so

14:33:52 very long on item number 6.

14:33:54 But can I have a motion that we continue this till

14:33:56 10:00 next Thursday?

14:33:57 And we will hear it like first thing at 10:00.

14:34:00 >>MARY ALVAREZ: Make a motion.

14:34:03 >>STEVE MICHELINI: Two weeks, Madam Chair.

14:34:09 I think the issue is we just got the ordinance.




14:34:12 What's the agenda look like on three weeks?

14:34:15 >>MARY ALVAREZ: The 16th?

14:34:18 >>LINDA SAUL-SENA: Excuse me, you just got the

14:34:20 ordinance for number 6?

14:34:22 >>MARY ALVAREZ: It's not bad.

14:34:22 >>ROSE FERLITA: It's not bad, you say?

14:34:29 >>LINDA SAUL-SENA: Okay, let's do it two weeks. This

14:34:32 has been going on a really long time.

14:34:34 Okay.

14:34:34 >>STEVE MICHELINI: Do you want to set it for 1:30 so

14:34:44 we are not sitting here?

14:34:46 >>LINDA SAUL-SENA: That's an excellent suggestion, Mr.

14:34:48 Michelini.

14:34:50 Mrs. Alvarez, is your motion to hear it at 1:30 on

14:34:53 March 9th?

14:34:58 There's a motion.

14:34:59 Is there a second?

14:35:00 Second to continue item number 6 until March 9th

14:35:03 at 1:30.

14:35:04 I really apologize to all of you for being here.

14:35:07 All in favor say Aye.

14:35:09 Opposed, Nay.




14:35:09 >>MARY ALVAREZ: We'll bring our jammies with us.

14:35:15 >>LINDA SAUL-SENA: We are back to 59 which is a

14:35:17 continued public hearing.

14:35:20 Thank you.

14:35:20 Sorry.

14:35:31 >>JAMES COOK: Land Development Coordination.

14:35:32 Petitioner is requesting to vacate a north-south alley

14:35:36 from Cleveland street to Kennedy and line

14:35:44 Petitioner owns all the property in red.

14:35:46 Alley running from Cleveland to Kennedy.

14:35:49 Between Dakota and Oregon.

14:35:56 Alley looking north from Cleveland to Kennedy.

14:36:02 Petitioner owns property on both sides.

14:36:05 That's the alley looking south from Kennedy Boulevard

14:36:08 towards Cleveland.

14:36:12 This is an alley continuing south across from

14:36:15 Cleveland.

14:36:16 This was previously vacated.

14:36:17 North half of that was vacated in 2003 and the south

14:36:21 half in '98.

14:36:23 A couple shots of petitioner's property.

14:36:26 That's abutting the alley on the east.




14:36:32 Abutting alley on the west.

14:36:39 This is the property on the east side running north of

14:36:42 Cleveland.

14:36:43 And here's some of the other abutting property owners,

14:36:46 McDonald on the west side, south of Kennedy.

14:36:50 This is a commercial strip center on the east side of

14:36:52 the alley lying south of Kennedy.

14:37:05 Storage area.

14:37:06 Property located at 107 south organize began.

14:37:10 -- Oregon.

14:37:14 >> Is that adjacent to the alley that we are

14:37:16 considering?

14:37:17 >> Yes.

14:37:17 On the east side.

14:37:18 This is a shot of the same property, 107 south Oregon.

14:37:22 Abutting the alley.

14:37:24 At last week's council meeting, you all suggested a

14:37:29 history of the area.

14:37:30 This is going to be something I am going try to do.

14:37:33 This is showing the alleys within a half mile radius,

14:37:36 the one being petitioned for.

14:37:40 147 are open.




14:37:43 Ones highlighted in red have been vacated so far.

14:37:47 >> Where is the subject alley?

14:37:49 >>> In the middle.

14:37:50 Staff does object to this alley vacating request based

14:37:53 on comments from public works.

14:37:55 However, the petitioner has agreed, and I will address

14:38:01 this, but has agreed to dedicate an east-west alley

14:38:06 running from the alley on the north side of the

14:38:07 property to Dakota, the north half portion.

14:38:10 So the alley will continue south.

14:38:11 And then head west towards Dakota.

14:38:15 I will let the petitioner address that part.

14:38:18 At this time south half abutting the property.

14:38:19 >> If you just did the south half does the city still

14:38:22 object?

14:38:23 >>JAMES COOK: We would remove our objection if he

14:38:25 gives up an east-west piece of his property for the

14:38:30 alleyway.

14:38:31 >> You are saying remove the objections.

14:38:33 I don't know what that means.

14:38:34 Does that mean yes or no?

14:38:36 >>JAMES COOK: Yes.




14:38:37 Public works would have to make sure there's enough

14:38:40 radius for garbage trucks to make that turn and

14:38:42 vehicles.

14:38:42 But if they give us the north part of this property

14:38:45 right here, which is south of McDonald, heading west

14:38:49 towards Dakota, my understanding from Christine is

14:38:52 they will remove their objection.

14:38:54 >>> Christine Bruno, transportation.

14:38:58 I believe your question is if they vacate the north

14:39:05 half and they would still dead-end the alley and

14:39:06 petitioner agreed to provide an access through one of

14:39:08 the local side streets so that it is not dead-end.

14:39:11 >>LINDA SAUL-SENA: And then you wouldn't object?

14:39:14 >>> Correct.

14:39:14 >>LINDA SAUL-SENA: Any other questions by council

14:39:17 members?

14:39:17 Petitioner.

14:39:26 >>> Jeff Shear.

14:39:27 401 East Jackson, Suite 2700, Tampa 33602.

14:39:32 I have been sworn.

14:39:32 I'm representing the owners of the Dakota building.

14:39:36 That company is owned by Hamilton Jones of Gaspar




14:39:40 properties.

14:39:40 I think most of you are familiar with.

14:39:43 He has a lot of quality projects around the city.

14:39:47 Hamilton bought this site several months ago. This

14:39:50 was the former site of the Seamco.

14:39:55 They had a business there that was, I believe, a pool

14:39:58 decking company, mostly industrial use there, and

14:40:05 about two years ago, Mr. McKinnon who owned that

14:40:10 business passed away and since then he has

14:40:12 discontinued using it, and it has become very

14:40:19 dilapidated.

14:40:21 There was lots of dangerous chemicals still in the

14:40:23 building as well as vagrants.

14:40:25 That's not a great combination.

14:40:26 So since we have owned it, we have demolished our

14:40:31 buildings, taken up all the concrete, have spent well

14:40:33 in excess of six figures doing an environmental

14:40:37 remediation on the property.

14:40:40 Whether you would like to do -- and I'll show you a

14:40:43 picture of it -- would be to kind of continue the

14:40:46 redevelopment of the Cleveland-Kennedy corridor with

14:40:50 an office building.




14:40:51 As now there's been a lot of development of law

14:40:53 offices and so forth in that area.

14:40:55 That's what we plan to continue doing.

14:40:58 I will show on the Elmo quickly, this is the overhead

14:41:07 of the site.

14:41:10 You can see this is Cleveland here.

14:41:12 Kennedy up here.

14:41:13 They have a McDonald right here.

14:41:15 Strip center here.

14:41:16 A church here.

14:41:18 And the rest of the property belongs to my client.

14:41:24 We actually spoke to the McKinnons.

14:41:27 I have driven by the site basically all my life.

14:41:30 And I was not even aware there was an alley.

14:41:34 And speaking to the folks who used to own it, they

14:41:36 said that they had that block for the past 40 years

14:41:40 was not really utilized as an alley, at least the part

14:41:44 near Cleveland.

14:41:46 I will also show you quickly, this is a preliminary

14:41:52 drawing of what we are looking to do on the site.

14:41:55 We would like to build a building very similar to the

14:41:57 building across from Palma Ceia country club on




14:42:01 MacDill.

14:42:02 And this is -- the same architect that did that

14:42:05 building, and this is what we are looking to do on the

14:42:07 site.

14:42:09 As code requires, we originally requested to vacate

14:42:12 the entire alley.

14:42:14 But when we went and spoke to neighbors, it became

14:42:17 clear that they were utilizing parts of the alley.

14:42:20 So we spoke to them and came up with a plan that we

14:42:25 thought would satisfy them.

14:42:27 We don't have any objection at all from McDonald.

14:42:30 We have a letter to that effect.

14:42:32 We also don't have any objection from the church here.

14:42:35 They do access this, and utilize this for vehicle

14:42:40 parking, and without a plan which basically the alley

14:42:45 all the way up through here would remain open and we

14:42:48 would allow an easement out to Dakota, and they are

14:42:54 fine with that.

14:42:54 The individual that owns the strip center that fronts

14:42:57 on Kennedy, we have spoken to him a number of times.

14:43:02 My understanding is, he is still objecting.

14:43:06 Originally, when we talked to him, we objected -- he




14:43:09 objected to the overall vacating because he told us he

14:43:11 didn't want to pay taxes on an additional seven feet

14:43:17 of property.

14:43:17 We came back to him with this plan.

14:43:20 And we also discussed the fact that he has a hungry

14:43:23 howie's tenant right here and they took some

14:43:26 deliveries on the alley.

14:43:27 So we thought this would help that he could still take

14:43:31 his deliveries and still move out to that side.

14:43:35 I would like to quickly show you, just so you can see,

14:43:40 a copy of what we have in mind here as far as the

14:43:45 plan.

14:43:47 This is Kennedy up here.

14:43:48 We would leave all this open until the portion of the

14:43:51 alley where we own both sides.

14:43:53 At that point we would run an easement to go out to

14:43:56 Dakota, which is a two-way street, and individuals

14:43:59 could get either to Cleveland or to Kennedy from that

14:44:02 spot.

14:44:02 We have spoken to Wanda of solid waste, showed her

14:44:07 this plan, and she does not object as long as we can

14:44:10 provide the turning radius here for a garbage vehicle,




14:44:13 which we can.

14:44:14 So we talked to her.

14:44:15 She does not object to that site.

14:44:19 Also, one other point.

14:44:21 There is precedence for this type of thing in the

14:44:24 area.

14:44:25 This is our site here.

14:44:27 The next block over, there is an alley all the way

14:44:29 through.

14:44:30 But the next eight blocks over, there are only partial

14:44:35 alleys that key off or L-out one way or the other

14:44:39 similar to what we are asking.

14:44:42 >>LINDA SAUL-SENA: Council members, any questions?

14:44:44 >>MARY ALVAREZ: Just one.

14:44:46 So Mr. Shear, what you are planning to do then, you're

14:44:49 planning to vacate only up to the middle of the --

14:44:58 were you asking for?

14:44:59 >>> Yes.

14:45:00 If you can turn the Elmo on again.

14:45:01 You can see on this aerial it's pretty clear here.

14:45:04 Basically, just past this point right there.

14:45:10 That will stay open all the way to Kennedy.




14:45:12 We are only asking to vacate from here to Cleveland.

14:45:17 The easement over our driveway here.

14:45:19 Utilizing the alley from Kennedy.

14:45:21 And turning onto Dakota, or enter from Dakota and turn

14:45:25 out.

14:45:25 >>MARY ALVAREZ: And transportation said that would be

14:45:28 okay?

14:45:29 >>> Transportation doesn't have an objection.

14:45:31 Solid waste doesn't have an objection either.

14:45:33 >>LINDA SAUL-SENA: Is there anybody who would like to

14:45:35 be speak on this?

14:45:36 >>> I would like to give you a letter.

14:45:41 >> Move to receive and file.

14:45:42 >>LINDA SAUL-SENA: Anyone from the public who would

14:45:44 like to speak, come and give us your name and address.

14:45:51 >>ROLANDO SANTIAGO: Legal department.

14:45:52 Just wanted to give you a heads up.

14:45:54 I have forward towed an ordinance, anticipation based

14:45:58 on the staff report.

14:46:00 This ordinance, however, does not contain this latest

14:46:03 provision with effectively now the L-shaped alley as

14:46:06 opposed to a straight alley so please disregard that




14:46:08 ordinance.

14:46:09 And if you rule favorably, send it back to legal for

14:46:13 us to draft the ordinance.

14:46:17 >>LINDA SAUL-SENA: Thank you.

14:46:18 Public.

14:46:18 >>JOHN GRANDOFF: Address is suite 3700 Bank of America

14:46:23 Plaza.

14:46:27 >> We know who you are.

14:46:29 >>> Well, for the record.

14:46:31 To keep that record clear.

14:46:32 My friend David Winter owns property on the corner,

14:46:36 which was formerly the Tampa thermogravers property.

14:46:47 On the aerial it's right here.

14:46:49 And he has a Hungry Howie's there.

14:46:55 And Hungry Howie's takes deliveries through this

14:47:02 alley.

14:47:05 And I'll show you an aerial.

14:47:11 And Seamco used to be there.

14:47:14 The alley is open.

14:47:16 Here's McDonald.

14:47:17 Here's David's property.

14:47:20 Here's the former SACO property.




14:47:23 You can see the shed off this building in the alley.

14:47:28 For delivery for Hungry Howie's they would come around

14:47:32 Oregon, come up to Cleveland, turn right on Cleveland,

14:47:34 come down the alley, make their deliveries, then

14:47:37 continue.

14:47:37 Here's the delivery door and the dumpster on David's

14:47:43 property.

14:47:44 This is a significant logistical problem even if W the

14:47:48 solution they propose.

14:47:49 They have a delivery 18 wheeler truck that comes twice

14:47:52 a week.

14:47:53 And no quarrel with the project itself.

14:47:57 But I believe the alley can remain open.

14:47:59 They can still have plenty of F.A.R. to build this

14:48:02 building.

14:48:03 But the alley should remain open.

14:48:05 Several years ago across the street at Ferman Motor

14:48:10 Company, had a vacation.

14:48:12 If you went over to Ferman this afternoon, there's

14:48:17 bricks there, would you never know it's vacated. This

14:48:19 is an entire street.

14:48:21 But the Ferman family owned both sides of the property




14:48:23 and the city reserved a transportation easement for a

14:48:26 thoroughfare back and forth because this is when the

14:48:29 Winn-Dixie project was starting to get liftoff.

14:48:32 You all wanted to make sure there's plenty of access

14:48:34 to get to Winn-Dixie.

14:48:36 Here's the original plat of this area.

14:48:37 You can see a subdivider in 1890 wanted to have these

14:48:42 properties serviced in the rear by the alley.

14:48:46 I know you all have recently gotten involved in some

14:48:48 type of alley policy in Hyde Park.

14:48:52 This violates the intent of the subdivider, and it

14:48:55 violates policy.

14:48:58 David is running an operation where Hungry Howie --

14:49:03 Hungry Howie's relied on the least.

14:49:06 There's a possibility they are going to say, Dave,

14:49:09 sorry, it's too hard to get into that property, we are

14:49:11 not going to renew.

14:49:12 We relied on a Cleveland to Kennedy alleyway and

14:49:15 that's No longer there.

14:49:20 Here's the Ferman project.

14:49:22 This is where fuller street was vacated and the city

14:49:25 reserved an easement on it.




14:49:29 Other applications I have handled in the past, for

14:49:31 instance, a 20-acre parcel for Kimens, which there's a

14:49:35 right-of-way, 53rd street, never improved, N never

14:49:40 been improved.

14:49:41 Kimens used both sides.

14:49:43 That became part of their new demolition yard.

14:49:45 Excellent public policy decision.

14:49:48 This property is being used.

14:49:49 It's taking traffic off of Kennedy Boulevard and it's

14:49:53 servicing an existing use.

14:49:54 (Bell sounds).

14:49:56 I think it's very dramatic and very telling that --

14:50:01 I'll wrap up in one second.

14:50:02 Here's the tire tracks of the trucks coming down to

14:50:07 deliver to Dave's property.

14:50:08 With all due respect to the gentleman and their

14:50:10 project, we think the project can still survive with

14:50:13 the alley remaining open.

14:50:14 And we respectfully request that you deny the petition

14:50:16 to vacate.

14:50:17 >>LINDA SAUL-SENA: Questions by council members?

14:50:19 Ms. Ferlita.




14:50:19 >>ROSE FERLITA: I didn't have a question.

14:50:23 >>LINDA SAUL-SENA: I'm sorry.

14:50:25 >>ROSE FERLITA: That's okay.

14:50:29 I was going to ask it later anyway.

14:50:31 Mr. Shear, what do you think about that T hardship on

14:50:36 Mr. Grandoff's client?

14:50:37 >>> JEFF SHEAR: Well, I have a couple comments on

14:50:43 that.

14:50:44 First off, I don't know whether 15-foot unpaved alley

14:50:49 was meant to have 18 wheelers coming through to do

14:50:53 deliveries, number one.

14:50:54 Number two, and speaking with transportation,

14:50:58 actually, you are not allowed to actually take

14:51:01 deliveries on an alley.

14:51:05 Actually, if you stop and take a delivery on an alley

14:51:07 you are actually blocking a right-of-way, which is

14:51:10 against city code.

14:51:13 Now whether it's done in certain places, as Mr.

14:51:18 Grandoff said before that's an enforcement issues.

14:51:21 I know in certain areas like Ybor City they have

14:51:22 allowed that.

14:51:23 And I have spoken to Christine of transportation




14:51:25 department.

14:51:26 She confirmed for me it is not legal to take

14:51:28 deliveries off an alley.

14:51:29 So basically they are saying we don't want this alley

14:51:34 vacating so we can continue our illegal use of the

14:51:36 alley.

14:51:37 I mean, understanding whether an 18 wheeler comes

14:51:42 through or not I don't know. There's some low hanging

14:51:45 trees.

14:51:45 Don't see how an 18 wheel Kerr get through there any

14:51:48 way.

14:51:48 It's a 15-foot wide dirt alley.

14:51:51 So if there is an 18 wheeler getting through there, he

14:51:54 must be a great driver we are planning on paving the

14:51:57 alley.

14:51:58 You know, I think it still provides some reasonable

14:52:00 access for deliveries.

14:52:02 And if he does need an 18 wheeler come through, the

14:52:06 side street is also right there and he can pull out of

14:52:08 the side street and make deliveries that way.

14:52:10 >>ROSE FERLITA: Somebody explain to me so I understand

14:52:14 better. If we partially vacate it as you asked and




14:52:18 you allow that side exit for -- who am I asking?

14:52:28 Okay.

14:52:29 All I want to know, if we went along with what you are

14:52:32 asking to do, is there still some possibility, whether

14:52:34 legal or not -- and we are not here to dispute whether

14:52:38 he's doing it legally or not legally -- can they still

14:52:41 get around that?

14:52:43 >>> We are required, when we talk to the city, what

14:52:45 they told us is they just would require that we have

14:52:47 enough turning radius for a garbage vehicle.

14:52:50 A typical city garbage vehicle.

14:52:52 So that's what we are required to provide.

14:52:54 Whether an 18 wheeler could make that turn, I don't

14:52:57 know.

14:52:57 >>ROSE FERLITA: That was my question.

14:53:00 What you're providing for a garbage truck.

14:53:02 But this is certainly bigger than a garbage truck.

14:53:05 >>> I assume an 18 wheeler is bigger than a garbage

14:53:08 truck.

14:53:08 >>LINDA SAUL-SENA: Ms. Ferlita.

14:53:11 >>MARY ALVAREZ: No, Mrs. Alvarez.

14:53:14 >>LINDA SAUL-SENA: I'm sorry.




14:53:16 >>ROSE FERLITA: You really want me to keep going.

14:53:18 >>MARY ALVAREZ: Where does transportation decide that

14:53:21 an 18 wheeler is going to go park and his car and make

14:53:25 deliveries if it's not through an alley or somewhere

14:53:27 to put this big ol' truck in?

14:53:31 You can't park in the front. Bruin O.

14:53:38 No, not on Kennedy.

14:53:39 We have in Ybor on local streets where there's

14:53:41 specific times where deliveries are made.

14:53:43 We made provisions for that.

14:53:45 >>MARY ALVAREZ: It depends on what time.

14:53:47 They come around twice a week, I think I heard.

14:53:51 >>> I don't know the schedule.

14:53:53 That was never discussed with me.

14:53:54 >>MARY ALVAREZ: So Mr. Grandoff, do you know what time

14:53:57 they come in?

14:53:58 >>JOHN GRANDOFF: Let me ask David.

14:54:00 Three or four in the afternoon.

14:54:06 It's being used regularly per week.

14:54:08 The alternative is to stage the truck on Kennedy

14:54:10 Boulevard, which goes against D.O.T. regs.

14:54:16 Or put it out on Oregon and now the guy has to wheel




14:54:19 the stuff up.

14:54:20 Why would David want to agree to that change?

14:54:22 This is what the alley was intended for.

14:54:24 >>MARY ALVAREZ: Mr. Shear, why would you leave your

14:54:28 alley vacated? Is your building going to straddle

14:54:32 both sides there?

14:54:34 >>> JEFF SHEAR: Our plan, we think the best plan for

14:54:38 the property is to have a building fronting this way,

14:54:42 onto Oregon.

14:54:43 Otherwise, we either have to build two buildings with

14:54:46 a little 15-foot dirt alley in between them, or

14:54:49 perhaps run our building this way, fronting on Oregon,

14:54:54 and then our parking lot over here.

14:54:57 We just think it's overall a better design for the

14:54:59 city and for everybody else to have this building on

14:55:03 Oregon, oriented towards Oregon.

14:55:06 And I would like to state again, the Hungry Howie's I

14:55:12 think has been there a year, year and a half.

14:55:14 And this alley, I guess, has been plotted for a long

14:55:17 time but again speaking to the owners of Seamco they

14:55:22 assured me since they have been there up to the last

14:55:25 year and a half people were not accessing that alley.




14:55:29 Even though they build thesE on either side of it.

14:55:32 But they have all kinds of vehicles going through

14:55:34 here, piles of dirt and rock through here.

14:55:36 I mean, they made it clear it was not being utilized

14:55:40 for the last 40 years or so except maybe for the last

14:55:44 year, year and a half that Hungry Howie's has been

14:55:48 here.

14:55:48 We think this is a good compromise.

14:55:50 We have allowed them to still have access.

14:55:52 Again, I understand what Mr. Grandoff said.

14:55:54 He E he's saying the alley is being utilized.

14:55:58 My argument is it's being utilized against city code.

14:56:02 Those not a legal use.

14:56:04 So I'm not sure if that's a valid reason to object to

14:56:07 a vacation so they can continue an illegal use of the

14:56:10 alley.

14:56:10 >>MARY ALVAREZ: But this is a private use, vacation.

14:56:15 Vacation is a private use.

14:56:16 I think I'm reading here where it's a private use, not

14:56:20 really allowed either, I think.

14:56:22 Is that right, Mr. Shelby?

14:56:27 >>LINDA SAUL-SENA: That's why they are trying to




14:56:29 vacate it.

14:56:29 >>MARTIN SHELBY: That's correct.

14:56:33 You're correct.

14:56:40 >>JOHN GRANDOFF: If I could try a compromise.

14:56:41 >>LINDA SAUL-SENA: Excuse me.

14:56:43 I have a question for you, Mr. Grandoff.

14:56:44 Would it work for your client if the sideways alley

14:56:51 access, east-west access rather than going behind the

14:56:55 McDonald would go to the east behind your client's

14:56:58 parcel, and therefore afford you greater access?

14:57:01 Would that work?

14:57:04 >>JOHN GRANDOFF: I think it's too tight, Mrs.

14:57:06 Saul-Sena.

14:57:06 It has to get around that house.

14:57:08 I think it would be too tight.

14:57:11 Where the dumpster was out on Kennedy Boulevard.

14:57:14 David got the dumpster off of Kennedy.

14:57:16 He's got the dump dumpster off the alley. This is for

14:57:20 Hungry Howie.

14:57:22 He's taking deliveries off the alley.

14:57:24 It's being used the solution I would suggest is this

14:57:26 is what they did with the Ferman motor compare




14:57:31 company.

14:57:32 They take the alley, grant them the F.A.R. off of the

14:57:36 3400 square feet they gain.

14:57:38 Now they have development rights into their building.

14:57:40 But the city reserves a transportation easement over

14:57:43 the alley and it stays open.

14:57:45 You don't notice anything on the ground.

14:57:47 They have the development rights because they own both

14:57:49 sides.

14:57:50 What they have do to do, though, they have to plan the

14:57:53 project in two separate buildings.

14:57:54 Right now they want to be on top of the alley.

14:57:57 All we are saying is they get the rights of the 3400.

14:58:00 They just back it into two separate buildings.

14:58:02 I don't see how that's harmed.

14:58:04 David hasn't have to change or disturb his tenant's

14:58:08 arrangement.

14:58:09 >> Maybe they don't want to build two buildings.

14:58:11 >> Probably doesn't.

14:58:14 >>LINDA SAUL-SENA: This is the rebuttal.

14:58:16 >>> JEFF SHEAR: Yes.

14:58:19 F.A.R. is really not an issue for us.




14:58:21 We have plenty of F.A.R. to build whether it's one or

14:58:24 two buildings so that really is not an issue.

14:58:26 Actually, I was hoping not to have to go here.

14:58:28 But I will.

14:58:29 I do have to say something.

14:58:31 I mean, we went and visited with Mr. Grandoff's client

14:58:34 on a number of occasions.

14:58:36 And as I said, the first time we went, he didn't say

14:58:40 anything about Hungry Howie's.

14:58:43 He just said I don't want to pay taxes on an

14:58:46 additional seven feet of property. The second time he

14:58:48 basically said he wasn't all that worried about our

14:58:50 plan but he was more interested in what kind of

14:58:52 compensation we could pay him in order for him to

14:58:54 support us.

14:58:57 And at that point he didn't even mention an issue with

14:59:00 Hungry Howie's or 18 wheelers.

14:59:05 We declined to do that.

14:59:06 And since that time, we now have the issue with this

14:59:10 18 wheeler.

14:59:11 So I didn't want to bring that out but I felt like I

14:59:15 kind of had to at this point because I'm not




14:59:17 necessarily sure that his intentions are pure.

14:59:23 >>LINDA SAUL-SENA: Okay.

14:59:24 Mrs. Ferlita.

14:59:24 >>ROSE FERLITA: Two alley vacations have not been so

14:59:28 highly difficult in a long time.

14:59:30 Mr. Grandoff, do you know anything about that

14:59:32 conversation?

14:59:35 >>JOHN GRANDOFF: I was not involved in that

14:59:36 conversation.

14:59:37 >>ROSE FERLITA: Can we maybe ask your client to come

14:59:39 up and tell us?

14:59:41 >>JOHN GRANDOFF: You certainly can.

14:59:45 >>LINDA SAUL-SENA: Mr. Shelby, are you paying close

14:59:47 attention so we can ask your advice?

14:59:51 >>> I'm not under oath.

14:59:52 (Oath administered by Clerk).

15:00:00 >>> My name is David winter.

15:00:02 My address is 1506 West Kennedy Boulevard.

15:00:05 I bought this property two years ago here in August

15:00:14 for my business, and with leasing 1500 square feet

15:00:14 out.

15:00:16 When I was approached by Bryant, who works for Gaspar




15:00:20 realty, the original plan was to -- he came to me and

15:00:25 said, would you be opposed to vacating the alley, you

15:00:28 know, the whole bit.

15:00:29 The original plan was to have access according to him

15:00:34 coming down Oregon, and Dakota, basically accessing

15:00:39 both.

15:00:41 If I can maybe show you here, I have an access here on

15:00:45 Oregon coming this way.

15:00:46 And also Dakota come this way.

15:00:49 Well, I didn't think at the time it would be that big

15:00:53 a deal.

15:00:55 Prior to speaking with -- and I didn't commit one way

15:00:58 or the other.

15:00:59 After speaking with my tenant and all, and seeing his

15:01:02 delivery schedule with the truck that he was bringing

15:01:05 in there, and then saw the revised site plan where

15:01:11 there was only access on the Dakota side, that's when

15:01:15 everything kind of changed.

15:01:16 It became an issue.

15:01:18 And then again checking with my tenant, knowing that

15:01:20 he was getting deliveries twice a month, or twice a

15:01:23 week, I'm sorry, and that's where the issue began.




15:01:32 >>KEVIN WHITE: Did you ask for compensation, quid pro

15:01:34 quo?

15:01:35 >>> Dy ask them.

15:01:36 I felt, number one, it lessened the value of my

15:01:39 property not having the access, access through the

15:01:42 alley there.

15:01:42 And like I mentioned to Grine, I felt in the future,

15:01:51 long-term, which I planned on having the property for

15:01:53 a long time, that there would be some repercussions

15:01:55 somewhere along with the city dumping the dumpster

15:02:00 there for Hungry Howie's along with just the increase

15:02:05 in traffic up and down the alley.

15:02:08 Hungry Howie's again gets their delivery, but they

15:02:14 have their delivery vehicle in and out of there.

15:02:16 People do come and order pickup and take out.

15:02:19 So the increased traffic.

15:02:20 And then you pave the alley, there's go going to be

15:02:23 even more traffic there. It's right between McDonald

15:02:25 and myself.

15:02:30 >>KEVIN WHITE: I guess that didn't answer the question

15:02:32 I was asking.

15:02:33 But he was saying there was some sort of monetary, I




15:02:37 guess, compensation.

15:02:38 >>> Yes, I feel there should be some compensation for,

15:02:41 again, the increased traffic and the liability issues

15:02:47 that I feel I'm going to be facing in the future.

15:02:49 >>LINDA SAUL-SENA: Any other questions by council?

15:02:55 >>JOHN GRANDOFF: That discussion was before the site

15:02:57 plan changed.

15:02:59 The site plan changed.

15:03:00 Then it affected the access for the Hungry Howie's.

15:03:04 That's a very critical point.

15:03:07 >>LINDA SAUL-SENA: Any other questions?

15:03:08 >>KEVIN WHITE: Move to close the public hearing.

15:03:10 >>MARY ALVAREZ: It seems to me if we go with the alley

15:03:15 change, I think maybe what you're going to have to do

15:03:19 is change your hours of delivery to coincide with what

15:03:24 the transportation department says is the correct

15:03:28 time.

15:03:33 They have delivery times.

15:03:35 Christine, don't they have delivery times?

15:03:40 Bruno: Transportation.

15:03:41 I was not aware of delivery times, or set delivery

15:03:44 times.




15:03:44 That is something that the business has scheduled.

15:03:48 There is no postings saying deliveries between three

15:03:53 and four that. Is new information to me.

15:03:55 >> Well, suppose we decide to go ahead and do the

15:04:00 vacation as planned?

15:04:03 And if he has a problem with the deliveries, twice a

15:04:08 week, say from three to four, what do we do at that

15:04:11 point?

15:04:14 >>> Well, it appears that if we go ahead with the

15:04:17 vacate as proposed, it's not necessary -- the delivery

15:04:21 time, to my understanding, is more of the access.

15:04:24 The inability for the 18 wheeler to get to the site.

15:04:28 >> So how can we get it in there?

15:04:30 If you have an 18 wheeler, and you are only allowing a

15:04:34 50-foot truck in there, how do you expect to get a

15:04:36 delivery truck that big in there.

15:04:41 >>> I would have to look at the layout and do a

15:04:43 turning radius to see if an 18 wheel core make that

15:04:46 turn.

15:04:46 That's something I would have to review.

15:04:50 I have not received a plan with the turning radius

15:04:53 shown, whether an 18 wheel Kerr make it.




15:04:55 My understanding is it has been preliminary designed

15:04:58 to handle a solid waste truck.

15:05:00 >>LINDA SAUL-SENA: Which is our responsibility.

15:05:03 >>> Right. This is the first time I have heard of the

15:05:04 18 wheeler.

15:05:05 I have been just dealing with utilities and the solid

15:05:08 waste truck.

15:05:08 >>ROSE FERLITA: Mr. Grandoff, or you, can you tell me

15:05:13 who this company is that's delivering this stuff?

15:05:17 >>JOHN GRANDOFF: Hungry Howie's.

15:05:19 It's their own trucks for the Hungry Howies.

15:05:24 >> Does it originate out of a local warehouse?

15:05:28 >>> Don't know.

15:05:30 It's a tenant so we don't know.

15:05:33 >> Sometimes they use 18 wheelers, and on certain

15:05:37 deliveries it's a smaller truck if it's a local point

15:05:39 of origin, you know.

15:05:41 And I don't know if that's some sort of a possibility,

15:05:45 that if they deliver this locally, and locally owned,

15:05:49 sometimes if there's some accommodations to be made,

15:05:51 they don't necessarily have to deliver in that 18

15:05:53 wheeler.




15:05:54 I have a situation close to my store where the

15:05:56 gentleman across the street is really looking like

15:05:58 it's a residential site.

15:05:59 But it's a commercial site.

15:06:01 It's always been zoned that.

15:06:02 And because it's very difficult for that truck to turn

15:06:04 in there, I noticed that some neighbors complained to

15:06:07 that family, the same company comes at a different

15:06:10 delivery time in a smaller truck and accommodates

15:06:13 maybe some short delivery routes that don't need to be

15:06:16 put in an 18 wheeler truck.

15:06:18 I don't know.

15:06:19 I'm stretching.

15:06:20 >>JOHN GRANDOFF: Can't give you an office on that,

15:06:25 Mrs. Ferlita.

15:06:28 >>LINDA SAUL-SENA: I have a question for Ms. Bruno.

15:06:31 What is the responsibility of the city to provide

15:06:36 alley access for what scale vehicles?

15:06:40 I honestly don't know.

15:06:42 That's a very good question.

15:06:44 Normally, we ask to provide for a solid waste truck.

15:06:49 >>LINDA SAUL-SENA: These our standard?




15:06:53 >>> Yes, that's the condition we have been using.

15:06:55 >>LINDA SAUL-SENA: So this business that fronts on

15:06:57 Kennedy and has this big truck making deliveries, if

15:07:00 they were to come to the city and ask for guidance,

15:07:05 where are they supposed to do this, what would your

15:07:07 response be?

15:07:08 Or do you need some time to study that?

15:07:10 >>> I need some time to study that because I did not

15:07:13 review any -- I don't know if the site went through

15:07:18 rezoning when Hungry Howie's went in or was already

15:07:21 zoned for that.

15:07:22 I don't know how the loading issue was addressed.

15:07:25 >>ROSE FERLITA: We are trying to accommodate everybody

15:07:29 and see if there's some give and take from both sides.

15:07:32 And then of course staff is not prepared to answer all

15:07:34 these hypothetical questions.

15:07:35 I suggest that we continue it.

15:07:36 And I'm sorry to do that.

15:07:38 But we are trying to make everybody at least a little

15:07:40 happy.

15:07:41 Nobody knows the answer so we can base our decision on

15:07:43 the answers.




15:07:44 I would like to make a motion to continue it for,

15:07:47 what, two weeks, one week?

15:07:48 I don't care, whatever.

15:07:49 Just enough time for Mr. Grandoff to talk to his

15:07:53 client, Mr. Shear to talk to somebody.

15:07:59 >>> I will get with a traffic engineer and see how

15:08:01 she's addressed all those issues like easement.

15:08:04 >> How much do you need?

15:08:05 Speak.

15:08:07 >>> I'm okay with a week but I would have to defer it

15:08:09 to the petitioner and John Grandoff.

15:08:15 Jeff Shear: A week is fine with us.

15:08:18 >>JOHN GRANDOFF: We can try to get in the a week.

15:08:23 >>ROSE FERLITA: And I don't really know where this is

15:08:26 going to go.

15:08:27 Just trying to see if we can get some more information

15:08:29 so the council can make their decision.

15:08:36 >>LINDA SAUL-SENA: A motion and second to continue

15:08:39 this for one week to like 10:00.

15:08:42 Any discussion on the motion?

15:08:43 All those in favor say Aye.

15:08:44 (Motion carried) so number at will be continued for




15:08:48 one week.

15:08:52 Number 60.

15:08:52 What Do we need to do?

15:08:58 Motion and second to allow the petitioner to file an

15:09:00 amended petition.

15:09:01 All those in favor say Aye.

15:09:03 Passed unanimously.

15:09:08 There's a motion and second to open 61.

15:09:10 (Motion carried).

15:09:12 Number 61 is now open.

15:09:18 James Cook, Land Development Coordination.

15:09:20 I have been sworn.

15:09:21 Might be going out on a limb but this one should be a

15:09:23 slam dunk.

15:09:26 (Laughter).

15:09:27 >>> Sure is.

15:09:30 >> Unnamed right-of-way to LaSalle street,.

15:09:36 Petitioner's property in red.

15:09:38 They are requesting to vacate this 25-foot

15:09:41 right-of-way.

15:09:42 The it was platted in 1894.

15:09:44 The house, just part of West Tampa, was built on




15:09:48 25-foot some 50 odd years ago. The house is

15:09:52 encroaching on the right-of-way.

15:09:55 All the property to the north, this area as a whole,

15:09:58 all this has been acquired by FDOT.

15:10:01 There's nothing to the north of that.

15:10:04 The aerial is a little outdated.

15:10:08 That's a picture of the Dale Mabry right-of-way will

15:10:10 go south of the side street.

15:10:13 The structure encroaches approximately 10 to 15 feet.

15:10:19 This is that same right-of-way looking north from

15:10:21 Howard street.

15:10:22 It's also fenced off from being used as private

15:10:25 property. This piece is not being petitioned to be

15:10:28 vacated.

15:10:29 This is a closeup of how it's being used.

15:10:33 There's nobody going through there.

15:10:35 This is a shot continuing north, it's already been

15:10:39 barricaded off by FDOT.

15:10:41 These will be coming to you sometime in the near

15:10:44 future, those particular rights-of-way.

15:10:46 That right-of-way dead-ends into an east-west

15:10:52 alleyway. This is looking west from Tampania.




15:10:56 And that's what the alley looks like east from Habana.

15:11:00 It's already fenced off.

15:11:01 You can barely fit through there.

15:11:02 Well, I couldn't anyway.

15:11:04 This is a shot of petitioner's property looking west

15:11:08 of the right-of-way.

15:11:09 Staff has no objections, no easements reserved.

15:11:15 >>LINDA SAUL-SENA: Any other staff?

15:11:15 Petitioner?

15:11:18 Give us your name and address.

15:11:21 Have you been sworn?

15:11:22 >>> Yes.

15:11:22 My name is Danny Grillo, 27638 Johnston road in Darby.

15:11:31 >>LINDA SAUL-SENA: Is S there anyone who wants to

15:11:33 comment on this?

15:11:34 Anyone from the public the to speak on this please

15:11:36 come up.

15:11:37 >> Move to close.

15:11:39 >>LINDA SAUL-SENA: Is there a second?

15:11:40 >> Second.

15:11:40 (Motion carried).

15:11:43 >>KEVIN WHITE: Move approval.




15:11:44 >> Second.

15:11:44 >>LINDA SAUL-SENA: Motion and second to approve.

15:11:47 Any discussion?

15:11:50 >>THE CLERK: This was back from September so I don't

15:11:52 know if the ordinance is the same or not.

15:11:55 >>ROSE FERLITA: What about a motion to direct legal?

15:11:59 >>ROLANDO SANTIAGO: There's been no change.

15:12:00 >>ROSE FERLITA: We are so excited.

15:12:03 >>KEVIN WHITE: Move an ordinance vacating, closing,

15:12:06 discontinuing, and abandoning a certain right-of-way

15:12:10 all that portion of unnamed right-of-way lying south

15:12:13 of west LaSalle street, north of west arch street,

15:12:17 east of north Habana Avenue and west of north Tampania

15:12:20 Avenue in "B" fishers subdivision a subdivision

15:12:23 located in the City of Tampa, Hillsborough County

15:12:25 Florida providing an effective date.

15:12:28 >> Second.

15:12:28 >>LINDA SAUL-SENA: Passed unanimously.

15:12:31 Any new business, Mr. White?

15:12:33 >>KEVIN WHITE: I would like to make a motion.

15:12:35 Don't know the date yet.

15:12:36 But a commendation be presented for captain Brian




15:12:40 Mitchell, Julian MULish, three local firefighters who

15:12:50 rescued a paralyzed victim from a burning house fire

15:12:54 in my district.

15:12:58 And essentially saved his life.

15:13:00 And I would like to recognize them, the fire crew,

15:13:06 would love to be able to Do that.

15:13:09 I'll be on top of that one, Ms. Ferlita -- I mean Mrs.

15:13:15 Saul-Sena.

15:13:16 (Laughter).

15:13:18 >>LINDA SAUL-SENA: Motion and second.

15:13:19 (Motion carried)

15:13:21 Anything else?

15:13:21 >>ROSE FERLITA: Mrs. Saul-Sena, for fear that you call

15:13:28 me Mrs. Alvarez, no.

15:13:30 >>MARY ALVAREZ: I have nothing.

15:13:33 >>LINDA SAUL-SENA: Quickly three things.

15:13:35 I want to remind everybody that tomorrow at noon, in

15:13:39 the Mascotte room we are talking about chapter 27.

15:13:45 And we had a meeting last Monday morning, a special

15:13:49 discussion meeting and discussed having another one

15:13:51 this coming Monday, February 27th at 8:30 to allow

15:13:57 the public to speak on the proposed Channel District




15:13:59 plan in City Council chambers.

15:14:01 I need a motion to set that.

15:14:04 There's a motion and second to set that.

15:14:05 (Motion carried).

15:14:08 >> And I would strongly recommend that my council

15:14:11 members make this meeting.

15:14:12 This is very, very important.

15:14:13 >>ROSE FERLITA: It is important and I'm very sorry.

15:14:18 I'm going to try. This is next Monday?

15:14:21 >>MARY ALVAREZ: Yes.

15:14:22 There are so many facets to this plan.

15:14:26 If you miss one you are going to be lost.

15:14:27 >>LINDA SAUL-SENA: Lastly, tomorrow the 25th is

15:14:30 the winter pride event.

15:14:32 And I would like to make a motion to give the winter

15:14:37 pride people a commendation from council in

15:14:39 recognition that their inaugural event will be held

15:14:43 this Saturday the 25th at Lowry Park.

15:14:45 That's a motion.

15:14:48 >> I thought we did that.

15:14:50 >> We did the city seal last week.

15:14:52 >> This is just a commendation.




15:14:54 And so this is the official commendation.

15:14:57 So can I make a motion?

15:15:01 >>MARTIN SHELBY: No.

15:15:02 Or you can pass the gavel.

15:15:03 >>LINDA SAUL-SENA: I can pass the gavel.

15:15:05 So I would like to make this as a motion.

15:15:07 Is there a second?

15:15:09 Okay, then I'll just write a letter saying that I

15:15:12 think it's swell.

15:15:13 Thanks.

15:15:17 There's a motion to receive and file document.

15:15:19 Is there a second?

15:15:22 Motion and second.

15:15:23 All those in favor say Aye.

15:15:24 Is there anything else to come before council?

15:15:26 We are adjourned till 5:30.

15:15:29 (City Council meeting recessed at 3:16 p.m.)

15:16:00