City of Tampa, Florida
Tampa City Council 9 AM Meeting
Thursday, August 17, 2006.
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09:05:26 Tampa City Council
09:05:27 Tampa City Council
09:05:27 Tampa City Council
09:12:03 >>GWEN MILLER: Tampa City Council is called to order.
09:12:05 >>KEVIN WHITE: It is a chairman to introduce pastor,
09:12:13 where he was ordained as a minister of the gospel.
09:12:18 Prior to that he was youth leader, song leader and
09:12:21 associate pastor.
09:12:22 He served two tours of duty in Vietnam.
09:12:25 He moved to Tampa in 1970.
09:12:26 He has a wife of 35 years and two married daughters
09:12:29 and three grandchildren.
09:12:30 Welcome pastor.
09:12:31 If you would come up and give us our invocation.
09:12:35 And we will remain standing for the pledge of
09:12:47 >> He said this: The Lord bless you and preserve you,
09:12:50 the Lord make his face shine upon you and be gracious
09:12:54 unto you.
09:12:55 The Lord lift up his countenance unto you and give you
09:12:59 his peace, heavenly father.
09:13:01 We are so grateful to be here today.
09:13:03 We thank you for this time, for these men and women
09:13:08 have pledged themselves to serve this community.
09:13:12 And we pray that you would keep your hand upon each
09:13:15 one of them and their families.
09:13:18 And father, we thank you for giving them courage,
09:13:22 giving them wisdom, your wisdom, father.
09:13:25 And, Lord, we just dedicate this day to you and all
09:13:29 the meetings that are to follow.
09:13:31 We want to glorify you in all things.
09:13:33 In your holy name, we pray.
09:13:38 (Pledge of Allegiance).
09:13:56 >>GWEN MILLER: Roll call.
09:13:56 >>JOHN DINGFELDER: Here.
09:13:58 >>SHAWN HARRISON: Here.
09:14:00 >>MARY ALVAREZ: Here.
09:14:01 >>ROSE FERLITA: Here.
09:14:02 >>KEVIN WHITE: Here.
09:14:03 >>GWEN MILLER: Here.
09:14:03 >>GWEN MILLER: At this time I yield to Ms. Rose
09:14:11 She will be introducing the police Officer of the
09:14:43 >>ROSE FERLITA: An important morning, I guess.
09:14:45 We have both chiefs here.
09:14:49 Good morning as always, again to the good part of
09:14:53 being public safety chairman, it is my pleasure to
09:14:55 present the commendation to the Officer of the Month,
09:14:59 and, chief, if you would join me, start off the award
09:15:04 >>> Actually, thank you very much.
09:15:06 Good morning to City Council this morning.
09:15:09 It's a pleasure to be here.
09:15:11 And it's also a pleasure to introduce our Officer of
09:15:15 the Month for August, Susan.
09:15:22 Susan is kind of a special person, really.
09:15:26 I know Councilman White is intimately familiar with
09:15:31 some of the issues that go on with Milton high school
09:15:35 after school let's out.
09:15:36 It's been a problem that has plagued the police
09:15:41 department for years and years, and it's been kind of
09:15:46 a continuing problem that we thought was maybe
09:15:48 unsolvable, where the children get out of school, and
09:15:51 they kind of filter through the neighborhood, and then
09:15:54 there are other people in the neighborhood who kind of
09:15:56 have confrontations with some of those students.
09:15:59 And of course the neighbors also are involved in this
09:16:03 to the extent that they don't like some of the
09:16:06 activity that goes on.
09:16:08 There is some, you know, occasionally we have some
09:16:11 fights and things of that nature, and there's of
09:16:12 course a lot of arguing and yelling.
09:16:14 Just kind of disruption to the whole neighborhood.
09:16:16 And this has been something that's been going on for
09:16:18 years, and we have tried to solve it.
09:16:21 We have had meetings with the school.
09:16:23 We have had meetings with the local ministers.
09:16:25 We tried to bring in mentors to solve this problem.
09:16:29 And in the end, we put five or six police officers out
09:16:33 there every afternoon that school let's out to kind of
09:16:36 monitor that activity all the way through the end of
09:16:41 the school time that the kids actually filter back to
09:16:44 their homes.
09:16:46 Well, that's not true this year.
09:16:49 This year, Susan bowers went to Middleton as the
09:16:57 school resource officer and in her singular work has
09:17:01 solved that problem that we thought really was
09:17:03 unsolvable at the police department.
09:17:05 We just resigned ourselves to putting officers out
09:17:07 And Susan through her technique, which I have asked
09:17:10 her several times, she's keeping it a secret, I think,
09:17:13 because whatever she does over there -- and it's
09:17:16 really, I think, an interaction with the kids.
09:17:19 She knows all the kids.
09:17:20 She goes out there as they are leaving.
09:17:22 She calls them by name, if they start to act up.
09:17:24 They all know she knows who they are.
09:17:27 And she's a pretty tough lady, too.
09:17:31 On one side she's got a lot of love for those
09:17:34 On the other side she's got a lot of discipline for
09:17:37 It's a good combination.
09:17:38 She solved that problem.
09:17:39 And she's saving the taxpayers a lot of money because
09:17:42 those officers can now stay in their zones where they
09:17:45 And she solved a problem that none of us at the staff
09:17:49 level could solve because she just got out there and
09:17:51 made it happen.
09:17:52 So it is my pleasure to announce our Officer of the
09:17:53 Month for August, Susan bowers.
09:17:56 [ Applause ]
09:18:06 >>> Thank you very much.
09:18:06 This is a great honor.
09:18:07 >>ROSE FERLITA: We have to say thank you several ways
09:18:19 before we do that.
09:18:20 We are sorry to abuse you but that's the process,
09:18:22 right, chief?
09:18:23 Susan is joined, by the way with, her husband.
09:18:25 Thank you for being the infrastructure for allowing
09:18:30 Susan to do what she does.
09:18:35 Susan, I am going to read the commendation to you.
09:18:38 And some of our wonderful corporate members in the
09:18:40 city would also like to say thank you for what you do.
09:18:42 And then we go from there.
09:18:47 Tampa City Council commendation presented to Susan
09:18:50 bowers in recognition of her dedicated efforts, school
09:18:53 resource officer, Susan bowers has been selected as
09:18:56 Officer of the Month for August of 2006.
09:18:59 Her sincere concern for the students of Middleton high
09:19:02 school has been evident by the changes she's
09:19:04 implemented and the results she has achieved, for
09:19:06 making the students of this city and our city safer,
09:19:09 the City Council, our chairman, my colleagues, thank
09:19:11 you for what you do for the city, and commend you.
09:19:14 And it is my pleasure personally as public safety
09:19:17 chairman to say thank you for what you do, something
09:19:20 that's taken for granted sometimes.
09:19:21 Thank you so very much.
09:19:23 [ Applause ]
09:19:31 >>> Florida Aquarium.
09:19:34 The Florida Aquarium would like to welcome you and
09:19:37 your family to our aquarium as our guest anytime you
09:19:40 would like.
09:19:47 >>> On behalf of Bill Currie Ford and all of its
09:19:49 employees, we would like to present with you this
09:19:54 And offer you a free weekend rental.
09:20:02 >>> Thank you very much.
09:20:08 >> Intervision would like to present you with a pair
09:20:11 of our ray ban sunglasses from any of our stores.
09:20:20 >>JOHN DINGFELDER: They keep coming.
09:20:24 >>> Lowry Park Zoo, family park zoo, and thank you so
09:20:32 >>> Thank you.
09:20:45 >> Steve Stickley representing Stepp's towing.
09:20:47 Susan, on behalf of Stepp's toying service and Jim and
09:20:53 Judy Stepp we would like to present you with this
09:20:55 statue and we also have a gift certificate to Lee Roy
09:20:59 Selmon Expressway.
09:21:01 Thank you very much for what you are doing.
09:21:09 >> Hank mart representing first command financial
09:21:12 Thank you for keeping our kids safe and being a great
09:21:14 mentor for them so they can maybe fulfill, sit in your
09:21:21 shoes one day.
09:21:22 You guys go out to dinner.
09:21:24 Thanks again for keeping us safe.
09:21:28 >>STEVE MICHELINI: Susan has a secret.
09:21:44 I don't think she's going to tell you all.
09:21:46 >>> No, don't tell them.
09:21:47 >>STEVE MICHELINI: I won't tell the secret.
09:21:50 But she's a wonderful woman and comes from a wonderful
09:21:52 family and we are glad to see her here.
09:21:55 On behalf of Bryn Allen studios, we would like to
09:22:01 present you with a $100 gift certificate so you can
09:22:03 have your portraits done with your family.
09:22:06 On behalf of Liss development and Bern's steakhouse, a
09:22:09 $100 gift certificate.
09:22:11 Enjoy a nice meal there.
09:22:13 Po Boy's creole cafe presents you with a $100 gift
09:22:18 certificate so you can have lunch or dinner there.
09:22:20 On behalf of the Hillsborough County towing
09:22:22 association we are providing you with a $50 gift
09:22:24 certificate to Outback or Carrabas, your choice.
09:22:31 [ Applause ]
09:22:32 >>ROSE FERLITA: Susan, a representative from Charlies
09:22:41 couldn't be here but as well they are giving you a
09:22:44 $100 gift certificate for steak dinner.
09:22:48 Every time somebody came up you were surprised there
09:22:50 were more and more presents.
09:22:51 I wish there could be even more and more presents to
09:22:53 be able to tell you legitimately and enough what you
09:22:56 do and how much we appreciate it.
09:22:58 Thank you so much, Susan.
09:23:00 Now you're on.
09:23:02 >>> Susan bowers: Wow.
09:23:05 Thank you very much.
09:23:05 I really, really appreciate this honor.
09:23:07 I was don't think I really do anything spectacular but
09:23:14 my job is so rewarding to be there at Middleton, and
09:23:18 some tough times.
09:23:19 And now that, Councilman White, because you have a
09:23:21 daughter that attends Middleton and he comes out there
09:23:24 sometimes, and I'm standing in the middle of 24th,
09:23:28 and what are you doing out here?
09:23:29 Well, I'm just greeting everybody to get by to say see
09:23:34 you tomorrow.
09:23:35 It's been a struggle but it's still a never ending
09:23:38 struggle and I will continue to educate and get the
09:23:40 community involved, as I've done.
09:23:42 I mean, that's the secret.
09:23:48 You know, I just feel so fortunate to be able to reach
09:23:51 out to them.
09:23:52 I think they relate to me.
09:23:54 Some don't.
09:23:54 Some do, of course in, this business.
09:23:56 But I tried to represent what I believe in, and I
09:23:58 believe in what the Tampa Police Department has
09:24:01 charged me to get out there and do.
09:24:03 And I believe in being on the train and doing what I
09:24:11 need to do.
09:24:11 But I really would like to first thank my husband,
09:24:14 because I want to tell you if it wasn't for him
09:24:16 keeping me centered some days, I tell you, it would be
09:24:19 a lot more going on, you know, some occasions.
09:24:24 [ Laughter ]
09:24:29 And so I'm glad for him.
09:24:31 And, you know, every day, he has to hear it.
09:24:35 But it's getting better.
09:24:38 Major Madiera, he's the jack of all trades, he's the
09:24:43 one that gets up every day and keeps us motivated.
09:24:46 And I don't see him as often as my corporal does but
09:24:50 he's a great guy.
09:24:56 Corporal, there he is over there.
09:24:57 He always has something fun toy say so he keeps me
09:25:01 Chief Cass important -- Chief Castor, you had a
09:25:05 comment one day.
09:25:06 What did you say?
09:25:09 Glad my son doesn't go there or something like that.
09:25:12 Middleton high school.
09:25:23 You can still have your son attend there.
09:25:26 I'll be kind to him.
09:25:27 And to the chief.
09:25:29 Thank you very much.
09:25:30 I really appreciate all that you do.
09:25:32 I know that you have a lot to put up with, with us,
09:25:37 but you persevere.
09:25:42 That's why you're chief.
09:25:43 And lastly my corporal.
09:25:45 She is hilarious.
09:25:46 I think that I probably beat her down worse than I
09:25:49 beat the kids down at Middleton, because I taught her
09:25:52 She says, okay, okay, okay, you know.
09:25:54 But again, let me just say, it's just an honor to be
09:25:59 And I want to thank you very, very much.
09:26:01 Thank you all.
09:26:02 [ Applause ]
09:26:03 >>GWEN MILLER: Susan, I am so glad you're at
09:26:13 Before you got there, I was driving down 22nd, and
09:26:17 I wanted to get out of my car and do your job.
09:26:20 It so happened another officer was coming and jumped
09:26:23 You have to get out there and stop those kids from
09:26:27 But since you have been there I can drive down
09:26:29 22nd street.
09:26:31 I want to say you are doing a wonderful job.
09:26:33 And keep up the good work.
09:26:34 >> Thank you, Madam Chairman.
09:26:36 Thank you.
09:26:39 >>KEVIN WHITE: I would like to say a brief word about
09:26:41 Susan as well, chief.
09:26:43 One of the things that I think that gives her active
09:26:47 involvement, knows the students by name, be able to
09:26:51 call them out, and she takes an active role in that
09:26:54 school, and she's not only there during school hours,
09:26:57 she's there late at night, all of the extracurricular
09:27:01 school activities.
09:27:02 And I think that plays a huge role in the response
09:27:08 that the children give to her as far as the respect
09:27:10 that she commands and demands from them.
09:27:14 And I think more than that, I think she treats them
09:27:17 really, in most cases, as if they are her own, and
09:27:21 expect the same thing from them.
09:27:23 So with that, you see the results that we get, and
09:27:27 that your formula, and I'm sure a lot of it has to do
09:27:34 with the way you were raised as well.
09:27:36 But if we can patent that, she has process that maybe
09:27:40 our entire country could use as well.
09:27:44 Thank you.
09:27:45 >>GWEN MILLER: Anyone else?
09:27:51 Susan, thank you.
09:27:53 [ Applause ]
09:27:53 At this time, we need to approve the agenda.
09:28:03 Is there any items that you would like to pull?
09:28:10 All right.
09:28:10 We go to staff.
09:28:17 Before I do that, I would like to put on the record
09:28:19 that Mrs. Linda Saul-Sena will not be here this
09:28:22 She will not be at our evening session.
09:28:26 First one we have is Julia Coles.
09:28:29 >>JULIA COLE: Legal department.
09:28:30 I'm requesting a walk-on resolution scheduling a
09:28:33 public hearing for September 7th, and September
09:28:36 21st regarding the designation.
09:28:48 The public hearing.
09:28:51 That's the public hearing for the designation.
09:29:01 >>MARY ALVAREZ: So moved.
09:29:02 >>KEVIN WHITE: Second.
09:29:03 (Motion carried).
09:29:03 >>JOHN DINGFELDER: Nay.
09:29:12 >>MARY ALVAREZ: Let me ask you, Ms. Cole.
09:29:16 I hate to bring this up at this point.
09:29:18 But is there any truth to the rumor or what came out
09:29:23 in the media that the Kress building is for sale?
09:29:27 >>JULIA COLE: To be honest, I'm not really sure about
09:29:29 I saw it in the paper as well.
09:29:31 I do want to say that if this continues forward, under
09:29:34 the agreement which you adopted two weeks ago, that
09:29:39 agreement would run with the land.
09:29:41 So in terms of that, it would run.
09:29:43 >>MARY ALVAREZ: I see Mr. Shimberg sitting there and
09:29:47 maybe he can enlighten us to what's going on there.
09:29:51 Mr. Shimberg?
09:29:53 Can you give us some indication what's going on?
09:29:56 >>JIM SHIMBERG: Holland and Knight.
09:29:58 I think you all should have received a letter from Mr.
09:30:00 Jason late last week that also appeared as a letter to
09:30:05 the editor in the newspaper describing the whole
09:30:07 process, and they are exploring a lot of different
09:30:11 options on that property including the possibility of
09:30:13 sale, joint venture or developing it themselves.
09:30:15 And as Ms. Cole mentioned, whatever happens, this
09:30:19 ordinance will carry forward, and whoever develops
09:30:22 that property will have to abide by all the
09:30:24 So I really don't know, and I don't know that they
09:30:26 know yet.
09:30:27 They are just exploring all their options now.
09:30:29 Right now the real estate market has changed a little
09:30:31 bit since a year ago.
09:30:33 So that's the answer.
09:30:36 If you would like another copy.
09:30:37 >>MARY ALVAREZ: I really would.
09:30:39 I never saw it.
09:30:41 Thank you, Mr. Shimberg.
09:30:42 >>> We'll get you a copy of it.
09:30:46 >>RANDY GOERS: Community planning division here to
09:30:48 request a workshop on the public schools facility
09:30:53 We received all the information that we needed from
09:30:55 the school board and have gotten through that so I
09:30:57 think we are at a point where we can bring you up to
09:30:59 date on what is in the element and what it requires.
09:31:01 I'm suggesting a 30-minute workshop for some time in
09:31:05 I think that would be enough for you to get an idea of
09:31:08 what's in it and if there's enough need for another
09:31:10 workshop we can schedule it at that point.
09:31:13 >>JOHN DINGFELDER: Madam Chair?
09:31:15 Randy, tell us if this is time sensitive to put it in
09:31:20 >>> It is not time sensitive.
09:31:22 It could northbound October.
09:31:23 >>JOHN DINGFELDER: I think September is busy with
09:31:25 budget and everything else.
09:31:29 >>GWEN MILLER: Could we go to October?
09:31:31 >>MARY ALVAREZ: How about October 19th?
09:31:34 >>JOHN DINGFELDER: What time?
09:31:35 >>GWEN MILLER: Want morning or evening?
09:31:38 >>RANDY GOERS: Morning is fine.
09:31:39 >>MARY ALVAREZ: If it's a workshop maybe we should
09:31:43 schedule it at the end.
09:31:44 >>GWEN MILLER: At the end of our agenda.
09:31:46 >>RANDY GOERS: October 19th?
09:31:49 Thank you.
09:31:49 >>GWEN MILLER: Get a motion and second?
09:31:53 >> So moved.
09:31:53 >> Second.
09:31:54 (Motion carried).
09:31:54 >>GWEN MILLER: Rebecca Kert.
09:31:59 >>REBECCA KERT: Legal department.
09:32:00 I'm here on item 3, which is a report on whether
09:32:04 transportation dollars can be spent on the downtown
09:32:06 improvements and the riverwalk.
09:32:07 Currently the regulations don't allow for that.
09:32:09 Certain changes could be made.
09:32:11 However, we think this is a discussion that could be
09:32:13 held after City Council, at the end of September, so
09:32:17 we would be requesting this be continued to a day in
09:32:20 October either the 5th or the 19th.
09:32:24 >>JOHN DINGFELDER: Why don't we just bundle it in with
09:32:26 the same discussion, the transportation discussion?
09:32:30 >>MARTIN SHELBY: You can do that except for the fact
09:32:32 that is an official discussion meeting.
09:32:34 No official action can be taken.
09:32:36 >>JOHN DINGFELDER: I think that's fine.
09:32:38 I think it's just for discussion purposes anyway.
09:32:40 >>MARY ALVAREZ: I would also like to find out, too, if
09:32:44 any CRA moneys could be expended for that, too.
09:32:47 I don't know what's in the plan, the CRA plan for the
09:32:51 downtown area.
09:32:52 But that might be a possibility that we could use some
09:32:55 CRA dollars coming in.
09:32:56 >>JOHN DINGFELDER: I'll move to continue this item to
09:33:02 the --
09:33:03 >>MARTIN SHELBY: September 26th special discussion
09:33:06 >>JOHN DINGFELDER: Right.
09:33:07 >>GWEN MILLER: Motion and second.
09:33:08 (Motion carried).
09:33:10 >>JOHN DINGFELDER: Also we'll tag in Mary's issue as
09:33:15 >>MARY ALVAREZ: Thank you.
09:33:16 >>ROSE FERLITA: I'm sorry, I was out there so I don't
09:33:19 need to weigh in on this if we are going to continue
09:33:22 talking but I am concerned about expanding that
09:33:23 definition to the riverwalk as opposed to
09:33:26 transportation per se.
09:33:27 Thank you.
09:33:27 >>GWEN MILLER: Mr. Santiago.
09:33:33 >>ROLANDO SANTIAGO: I'm here on two items.
09:33:37 Item number 9, we ask that you pull that matter from
09:33:39 the agenda.
09:33:40 The issue of the project for the on-site project just
09:33:43 isn't ripe yet.
09:33:44 We have a lot of technical issues.
09:33:46 We are revisiting the design criteria.
09:33:48 Because that's going to be a couple of months.
09:33:50 We are asking that we go ahead.
09:33:53 >> Motion and second.
09:33:55 (Motion Carried)
09:34:00 >>> We'll put it back on the agenda in the future.
09:34:01 The second item is number 64.
09:34:03 We would ask that it be submitted as substitute
09:34:06 There's a new hearing date that's being requested.
09:34:08 The current hearing date just won't allow ample time
09:34:11 for the notice.
09:34:11 That way with the new hearing date there will be ample
09:34:14 time and no concern.
09:34:19 It should be on file.
09:34:22 Sandy, do you have that?
09:34:23 The new date will be September 21 as opposed to
09:34:26 September 14th.
09:34:27 Thank you.
09:34:27 That is all.
09:34:29 >>GWEN MILLER: We need to approve the agenda.
09:34:31 >>JOHN DINGFELDER: Madam Chair?
09:34:34 I'm going to try and simplify things a little bit,
09:34:38 since we do have such a busy agenda today.
09:34:42 And also since Ms. Saul-Sena is not going to be with
09:34:45 us today.
09:34:45 I would like to suggest that we continue items 2 and 6
09:34:53 for two weeks, for those reasons.
09:34:55 And I've looked in the audience.
09:34:58 And unless somebody is here for items 2 or 6, it
09:35:03 doesn't appear that they are, I'll move that for two
09:35:05 weeks continuance.
09:35:07 Those are just staff reports.
09:35:09 >>GWEN MILLER: Do we get a second?
09:35:12 >> Second.
09:35:12 >>GWEN MILLER: Motion and second.
09:35:13 (Motion carried)
09:35:16 Anything else?
09:35:17 >>MARTIN SHELBY: If there are any items on the consent
09:35:25 docket you wish to pull for discussion, now would be
09:35:27 the time to do that.
09:35:28 >>JOHN DINGFELDER: I would have one.
09:35:30 Ms. Ferlita --
09:35:33 >>GWEN MILLER: Ms. Ferlita.
09:35:37 >>JOHN DINGFELDER: I would ask for your deference as
09:35:39 public safety chair.
09:35:40 I want to pull item 11 for a week.
09:35:42 I haven't had a chance to have a conversation with TPD
09:35:45 about it.
09:35:46 And it looks like a purchasing agreement.
09:35:54 >>ROSE FERLITA: I'm kind of comfortable with it, John.
09:35:57 One week, two weeks?
09:35:59 >>JOHN DINGFELDER: One week is fine.
09:36:01 >>GWEN MILLER: Any other item to pull?
09:36:03 Do we have a motion to approve the agenda?
09:36:06 >>MARTIN SHELBY: If we could have a motion and second
09:36:09 for that one-week continuance.
09:36:11 >> Second.
09:36:11 (Motion carried).
09:36:13 >>MARTIN SHELBY: Now motion to approve.
09:36:14 >>GWEN MILLER: Motion to approve the agenda.
09:36:17 >>JOHN DINGFELDER: Second.
09:36:17 (Motion carried).
09:36:18 >>GWEN MILLER: Item number 4.
09:36:29 >>ROY LAMOTTE: Transportation manager.
09:36:30 I'm here to report on talking about parking in the
09:36:35 Soho district.
09:36:36 It's a continuance from July 20, '06.
09:36:40 We have a little presentation for you this morning.
09:36:42 Hopefully explain it in addition to our writing, and
09:36:45 would submit it in writing to you.
09:36:49 To study an area that is in Soho, and basically it's
09:36:52 surrounded by the area that you will witness on the
09:36:56 It's basically -- bring it up, Kennedy and Dakota, to
09:37:02 Swann and Armenia.
09:37:03 This area is a vast area but it is controlled by a lot
09:37:06 of the businesses located in the area.
09:37:10 And the zoning map actually displays a lot of business
09:37:13 area here.
09:37:14 If you can see it along Howard street, and again along
09:37:17 Platt, you can see there's a great deal of
09:37:19 entertainment venue, restaurants, and that's really
09:37:23 what's creating some of our parking in the area in
09:37:26 addition to the density that we have here.
09:37:28 We also reached out to the community, and we have
09:37:30 public meetings with the neighbors in Courier City,
09:37:33 and also the neighborhood association, on June
09:37:37 26th followed by a meeting with the business
09:37:39 community on July 24th.
09:37:42 There was a gap in there because the business
09:37:44 community had a problem gathering people being on
09:37:47 vacation during that time period.
09:37:48 At that time, we outlined the different options
09:37:51 available to them in our tool box, and it's basically
09:37:54 to have permit parking, to have restricted parking, to
09:37:57 have time limit, and also look at one lake.
09:38:03 The residents declined, because they felt it was too
09:38:07 complicated at this time, and believed that it was
09:38:10 But we did ask -- we partnered with our fire
09:38:13 department personnel and asked the fire marshal to go
09:38:16 out and actually identify some of the problem areas
09:38:19 and they did nighttime inspection along with my field
09:38:22 personnel that went out, Mr. Jonathan Scott to my left
09:38:27 also attended that particular meeting and what they
09:38:29 did was identified streets that were difficult to get
09:38:31 down due to the parking configurations that were out
09:38:34 And we asked our parking department if they had to do
09:38:38 any additional enforcement, how difficult that would
09:38:40 be for them, and they felt they could handle that
09:38:43 So in doing so, we went out and we surveyed the actual
09:38:46 streets to find out where the existing restrictions
09:38:49 were on and looked at where the fire department had
09:38:51 asked for additional restrictions.
09:39:00 You can see in red is where we had the existing
09:39:02 restrictions and the blue is where it's being
09:39:05 And again, those areas that are affected are along
09:39:10 Horatio, Albany, Fremont and west ling.
09:39:15 It's graphically displayed for you.
09:39:17 In the last slide it displays to you the difference
09:39:20 between during the week when there is just residents
09:39:23 parking on the street and when there is additional
09:39:24 parking on the street.
09:39:27 Again, the activities basically Wednesday through
09:39:30 Sunday, when the activity changes out there.
09:39:34 We found that the residents, due to density of the
09:39:37 area, actually have a need for 350 on-street parking
09:39:41 And when the events are held in the district,
09:39:44 basically due to the clubs and the restaurants, we are
09:39:47 actually having an additional 300 cars enter into our
09:39:51 We have some examples of that parking condition as you
09:39:54 can see, that's located in the attached pictures that
09:39:57 we'll display in a moment.
09:39:59 Basically showing me the venue that is showing that
09:40:02 they are obstructing the stop signs, they are
09:40:04 narrowing the streets, and again creating one-way
09:40:08 patterns where there is supposed to be two-way traffic
09:40:12 Our proposed solution is basically looking at parking
09:40:14 for solutions of efficiency and compatibility to take
09:40:19 the existing streets and convert them to have one
09:40:23 sided parking.
09:40:24 Again you can see during the day, this problem even
09:40:28 exists on Wesling, and again another solution would be
09:40:32 to take it and display it as a one-way street -- or
09:40:35 two-way street with one-sided parking.
09:40:38 Now you may ask, how does that affect our parking
09:40:40 supply out there?
09:40:41 We have approximately 928 on-street parking spaces in
09:40:44 the area.
09:40:45 If we take the residents and demand for the outside
09:40:48 traffic right now, they eat up 628 of the spaces.
09:40:52 We are down to approximately having a reserved
09:40:55 capacity at that point in time, only having 11% that
09:41:01 we are going to take away in our new restrictions
09:41:03 leaving 19% still available for us.
09:41:05 So it's the room for the residents after implementing
09:41:09 the new restrictions?
09:41:10 Yes, there is.
09:41:11 But it will be eaten up over time.
09:41:12 It's a continued to develop with more business in the
09:41:16 Our solution is a short-term solution but in the
09:41:19 long-term we believe that we've to have shared
09:41:23 off-street parking, or contractual agreements, between
09:41:28 private parties.
09:41:29 Right now meeting with the business owners, they were
09:41:33 parking in the Sweetbay parking lot and that parking
09:41:36 lot provides in excess of 100 parking spaces.
09:41:41 If that would go away, it would have a dramatic impact
09:41:44 on this neighborhood, like they felt that it's good
09:41:46 today, and it will continue in the future.
09:41:48 But even for a longer range solution, we really
09:41:51 believe that transit, and the private business to
09:41:54 incorporate the use of the transit in the area, is the
09:41:57 final solution.
09:42:03 >>GWEN MILLER: Is that the conclusion?
09:42:05 >>> That is the conclusion.
09:42:08 >>MARY ALVAREZ: So you're saying that the long-term
09:42:11 solution is the in-town trolley?
09:42:15 >>> We are suggesting it be integrated into the
09:42:18 There's a limited amount of parking out there today
09:42:20 and we believe that will provide a venue, if they can
09:42:23 have convenience stops. The real question becomes,
09:42:25 who pays for that expense?
09:42:28 >>> But where do the people park?
09:42:30 I mean, suppose they come in to Howard and Kennedy,
09:42:33 and they want to go down to Howard Avenue, and where
09:42:36 do they park at that point so they can get the
09:42:39 >> The off-site parking areas have not been
09:42:43 The only areas we are aware of is in the Hyde Park
09:42:46 parking garage, or some destination pickup points
09:42:51 where we have on-street supply still available.
09:42:53 There is no offstreet, other areas that collectively
09:42:58 have pickup.
09:42:59 >> Is there any area in that Soho area that might be
09:43:03 big enough maybe to think about doing the parking
09:43:06 garage in there at some point?
09:43:08 >>> That would be something that when would have to
09:43:10 seek out with the land development folks and real
09:43:13 estate to see if that's a practical solution.
09:43:16 Obviously, once we go in a structure that that is a
09:43:20 possibility down the road.
09:43:21 >> And have you talked to Hartline about the
09:43:27 Because if you put a circulator in there, people are
09:43:30 going to want to go get on those buses like every five
09:43:33 minutes or so.
09:43:34 So it's -- not one or two.
09:43:38 It's going to have to be a few of them that are going
09:43:40 in and out constantly, because it just won't work the
09:43:44 way I see it.
09:43:45 >>> We agree we do.
09:43:46 But as long as the on-street parking complies, people
09:43:50 will have a tendency to want to bring a private
09:43:52 vehicle at this time.
09:43:53 >>MARY ALVAREZ: That's what I'm thinking, too.
09:43:56 Thank you.
09:43:58 >>SHAWN HARRISON: Mr. LaMotte, have you taken a
09:44:01 serious look at the possibility of having a parking
09:44:03 garage anywhere down there?
09:44:05 >>> No, because we believe that was a second measure,
09:44:08 in solving this problem.
09:44:09 Again, an expensive measure and a capital improvement
09:44:12 would be necessary to do that.
09:44:14 We will venture out to work with our land development
09:44:17 folks if that is a consideration.
09:44:22 >> But nothing --
09:44:23 >>> No, not at this time, we are not considering an
09:44:25 additional structure.
09:44:27 >>ROSE FERLITA: Did you want to go first?
09:44:31 Mr. LaMotte, as you know I attended the meeting with
09:44:35 some of the representatives, the first one,
09:44:38 Starbuck's, and again met at the Liss office and that
09:44:42 was more the business component.
09:44:44 Mr. Weeks was there and Mr. Dingfelder.
09:44:49 Didn't you, Jim?
09:44:51 One of the suggestions that was made and seemed to be
09:44:53 pretty well received by all those in attendance was
09:44:57 perhaps the opportunity or the possibility of looking
09:44:58 at Platt Street for some of that overflow parking
09:45:02 that's on Howard.
09:45:03 You remember, we talked about it.
09:45:05 And I don't know if you addressed that or that is a
09:45:07 consideration, or is that something you wouldn't want
09:45:09 to consider?
09:45:10 They talked about the fact that that would give them
09:45:12 additional parking spaces and maybe slow down some of
09:45:18 the speeding traffic on Platt.
09:45:20 Could you address that possibility, please?
09:45:27 >>> We did look at Platt Street.
09:45:28 Because of the high speed corridor we discouraged
09:45:31 people from parking on the street there.
09:45:32 It is a wide street that has multiple lanes, and the
09:45:35 traffic on it is varied depending on the time of day
09:45:38 but again during the darkness hours it could be a
09:45:41 So we have concentrated our study within the
09:45:44 residential neighborhood.
09:45:45 >> Well, I understand that.
09:45:47 And I know that would be the primary area that you
09:45:49 would look at and try to reconfigure.
09:45:51 But at the same time, some of the response to that at
09:45:55 the meeting was the fact that sometimes parking on a
09:45:57 street will be to slowdown down traffic in and of
09:46:01 itself in terms of having some parking on there.
09:46:04 And if we have such a speeding issue that it's a
09:46:06 danger for people to consider parking there because of
09:46:09 all the overflow parking on Howard, then maybe we
09:46:11 ought to segue into enforcement down Platt so people
09:46:15 understand they aren't supposed to be speeding because
09:46:18 there are no stop signs.
09:46:25 I think parking might be something to consider.
09:46:26 And woke talk a little more about that, Roy, when we
09:46:29 get the business component and the business neighbors
09:46:34 >>: Very good.
09:46:47 >>JOHN DINGFELDER: In regard to Platt Street, I think
09:46:52 that there is a need for a major thoroughfare at Platt
09:46:56 and its sister street, which is Cleveland.
09:47:02 Thank you.
09:47:02 I think that's important during business hours.
09:47:05 We don't need that capacity during the evening hours.
09:47:09 It's important to get that traffic in and out of
09:47:13 And so, therefore, I think that as Rose said, putting
09:47:18 parking out there after hours and on weekends would
09:47:23 serve as a traffic calming measure.
09:47:25 I don't need to tell you guys that.
09:47:26 You're the traffic engineers.
09:47:28 You know if you have people and activity along those
09:47:30 type of streets that it will create some traffic
09:47:34 calming that will slow people down, because they'll be
09:47:36 concerned about the cars and the pedestrians, and it
09:47:39 would just be -- create better behavior.
09:47:49 I would like to see us explore the possibility of
09:47:51 on-street parking on Platt.
09:47:53 I don't know if Cleveland is an opportunity or not.
09:47:55 In the off hours.
09:47:57 I don't want to see us parking there during the rush
09:48:00 hours because I think we do need that.
09:48:03 We need all the capacity we can get during the rush
09:48:06 But on the off hours, I think it's appropriate.
09:48:08 So I would like to see that discussion continued.
09:48:13 The other thing is, the president of the neighborhood
09:48:17 association, Walter was here earlier.
09:48:20 There he is.
09:48:21 And I asked Walter before the meeting about your
09:48:25 conclusion that the neighbors are not really
09:48:27 interested in the residential permit parking program.
09:48:32 Because I'm hearing sort of a split when I go out in
09:48:36 that neighborhood.
09:48:37 And I think some people are intrigued with the idea.
09:48:39 Because it is working in Ybor City.
09:48:41 And we have very similar issues in Ybor.
09:48:44 City Council is about ready to pass an ordinance, in
09:48:47 the next couple of months, I guess, to formally adopt
09:48:50 that program for Ybor City.
09:48:53 And I think that maybe we should, you know, continue
09:48:58 that discussion a little bit more.
09:49:03 Mr. Sembly indicates he would like a neighborhood
09:49:06 program but modified slightly where they could have a
09:49:09 visitor, one or two visitor passes more easily
09:49:15 Apparently in Ybor it's a little hard to get a visitor
09:49:17 pass for your guests.
09:49:20 But maybe he would could modify that.
09:49:23 But I think that since we are going to one side of the
09:49:27 street parking, that we are going to lose spaces, and
09:49:31 I think that's going to hurt the neighborhood folks
09:49:33 even more.
09:49:34 Because when they get home in the evening, after they
09:49:37 have gone out somewhere else and they find on
09:49:39 Wednesday, Thursday, Friday, Saturday nights, all
09:49:42 their spaces are gone, you know, they might not have
09:49:45 anywhere to park.
09:49:46 So I'm concerned about that.
09:49:48 >>ROSE FERLITA: I just have one thing talking about
09:49:53 when John was referencing about Platt as well as the
09:49:56 traffic calming thing.
09:49:57 Another meeting that John and I attended with the
09:49:59 neighborhood, there is definitely some synergy here.
09:50:03 The neighborhood wants to help.
09:50:04 And I was very impressed with the business component
09:50:07 at that last meeting that Mr. Reece and I attended.
09:50:09 As a matter of fact one of the owners who has several
09:50:11 businesses on Platt, and also whiskey park on Howard
09:50:15 Avenue, Chris Scott, was extremely cooperative about
09:50:19 what they could do and what we wanted them to do, and
09:50:22 offered all kinds of different suggestions, even to
09:50:25 work with, even pay for some sort of a shuttle to get
09:50:29 his customers from the Howard strip or anyplace else
09:50:33 over to Platt, if that was going to give at least some
09:50:35 relief to the problem that we are having with overflow
09:50:38 parking on Howard.
09:50:39 I guess what I'm saying, Mr. LaMotte, certainly as
09:50:42 indicated from what John had said and what Ms. Alvarez
09:50:45 is going to say and everybody else, we are not where
09:50:47 we need to be yet.
09:50:48 But seeing what everybody wants to do to try to do
09:50:51 something better for the businesses and for the
09:50:54 neighborhood, we probably need to have some more
09:50:56 ongoing discussion because I think it's going to be
09:50:59 very constructive.
09:51:00 I just want to mention that part about the shuttle.
09:51:04 >>MARY ALVAREZ: While I was listening -- listening to
09:51:08 my colleagues talking about this problem, I'm looking
09:51:11 at the next item on the agenda, is where we are going
09:51:13 to go ahead and pass an ordinance for dogs in the
09:51:18 outside eating areas.
09:51:20 How is that going to work out when you can't put a dog
09:51:22 in the in-town trolley or the circulator to go to
09:51:27 these outside eating areas?
09:51:29 What do you do then?
09:51:34 These problems are just going to start mushrooming,
09:51:36 the way I see it.
09:51:37 >>JOHN DINGFELDER: I know your dog and I'm going to
09:51:42 report you to your dog.
09:51:43 You're sounding a little anti-dog there.
09:51:46 >>MARY ALVAREZ: I love my dog.
09:51:49 But these are legitimate questions that could start
09:51:52 coming up.
09:51:53 >>ROSE FERLITA: The animal version of children and
09:51:56 families is where he would need to go.
09:51:59 >>MARY ALVAREZ: We do need a little more dialogue on
09:52:02 where we are going with this thing.
09:52:04 And I'm sure that the neighborhoods will chime in.
09:52:08 >> We'll continue to have dialogue with the
09:52:12 We'll relook at Platt for the opportunity of having
09:52:15 on-street parking and have open areas for the
09:52:18 neighborhood if they do want to consider resident
09:52:20 neighborhood parking.
09:52:21 >>MARY ALVAREZ: And we'll talk to Hartline about the
09:52:27 >> We have ongoing discussion now.
09:52:30 >>GWEN MILLER: Number 5.
09:52:33 Does anyone from the city want to comment on number 5,
09:52:36 or just pass the resolution?
09:52:37 >>ROSE FERLITA: Before we do that, I don't know if
09:52:40 fire rescue is here for anything else other than
09:52:43 number 8.
09:52:45 Captain, is that what you are here for?
09:52:48 To put them back into their offices.
09:52:52 >>GWEN MILLER: We'll come back to number 5.
09:52:54 Go to number 8.
09:52:55 >>ROSE FERLITA: Madam Chairman, I want you to know
09:52:57 that was the item I was concerned about.
09:52:59 Because it seemed to be an absolutely different way of
09:53:02 patient care and addressing some of the emergencies so
09:53:07 I asked it be continued.
09:53:09 Since then captain Fisher and myself and Chief Jones
09:53:11 met and this is an incredible innovative way of
09:53:14 getting services to senior citizens at home and
09:53:17 addressing some of their health concerns without
09:53:19 having been to go through the additional trauma of
09:53:22 being treated in an emergency room, given what the
09:53:25 stature determines the type of treatments should be,
09:53:30 whether it's basic.
09:53:32 So captain, I don't know if you want to say something,
09:53:35 or are you just here in case we have some questions?
09:53:37 Madam Chairman -- do you want to say briefly what it
09:53:41 I think it's an incredible state-of-the-art process
09:53:45 and I appreciate the time Chief Jones spent.
09:53:48 >>> Ms. Ferlita, I appreciate the opportunity.
09:53:50 This is a unique opportunity the city has.
09:53:53 We have been actually working on this project for a
09:53:56 few years now.
09:53:57 And basically the concepts rolls around, decompressing
09:54:03 the system and accessing health care, that we all know
09:54:06 that hospitals are full, and 911 system often gets
09:54:10 overloaded, and this system offers a unique way that
09:54:14 we can triage calls and provide immediate response to
09:54:20 a certain population of people, the calls are going to
09:54:24 be triaged at the 911 center, and then what will
09:54:27 happen, our city unit, MS unit or LS unit that will
09:54:35 come and transport someone to the hospital, there will
09:54:37 be a unit that will arrive with either a doctor or
09:54:40 nurse practitioner, and if they fit the parameters,
09:54:43 they could be treated right in their home, a
09:54:47 prescription written, and care could be ongoing at
09:54:51 that point, after contact with their personal
09:54:55 physician, without them having to be transported to
09:54:58 the hospital.
09:54:58 So it's better for the patient, decompresses the
09:55:02 system as far as the 911 system and ultimately if we
09:55:04 transported that patient to the hospital you're just
09:55:06 moving the logjam effectively.
09:55:09 So it's just a unique opportunity, this allows us a
09:55:13 catch period.
09:55:14 We have a pretty tight medical oversite that will be
09:55:18 conducted during this period, and we are looking
09:55:20 forward to finding the results.
09:55:23 And we believe it would be favorable.
09:55:26 >>ROSE FERLITA: And ladies and gentlemen, also what
09:55:27 the captain brought up and so did the chief, this is
09:55:30 not going to cost the city anything.
09:55:34 But it freeze up a lot of our vehicles so the vehicles
09:55:37 are always trying to struggle to get on the street
09:55:39 will be more accessible from the standpoint of patient
09:55:41 care for senior citizens that are traumatized and they
09:55:44 have to sit in an emergency room.
09:55:45 I had some concerns.
09:55:46 And now I am a super, super supporter of this because
09:55:50 of the explanation.
09:55:50 Thank you very much.
09:55:53 >>> Thank you for the opportunity.
09:55:53 >>CHAIRMAN: Back now to number --
09:55:58 >> That requires moving the resolution.
09:56:01 >>> Second.
09:56:01 (Motion carried)
09:56:05 >>GWEN MILLER: back now to number 5.
09:56:08 >>MARTIN SHELBY: I don't believe -- oh, you are here.
09:56:13 >> Good morning.
09:56:16 The last time you were here you gave me direction to
09:56:19 provide you with a proposed ordinance to allow the
09:56:23 dogs in the outdoor areas of restaurants.
09:56:25 We have done that and submitted a proposed copy to
09:56:27 you, which we would like to go ahead and forward over
09:56:29 to the Planning Commission for their review, upon
09:56:33 their favorable review, we would set this for a first
09:56:38 and second reading, if that's what our council would
09:56:42 >>GWEN MILLER: Do we have a motion?
09:56:46 >> So moved.
09:56:46 >> Second.
09:56:49 >>MARTIN SHELBY: To move for transmittal to the
09:56:57 >>CHAIRMAN: All in favor of that motion say Aye.
09:57:02 Opposed, Nay.
09:57:04 (Motion carried).
09:57:05 >>CHAIRMAN: Item number 7.
09:57:16 >>JOHN DINGFELDER: Just from a procedural perspective,
09:57:24 on number 7, I know that we have at least, it appears,
09:57:28 about 10 or 12 folks who specifically came down to
09:57:31 speak to this issue.
09:57:36 I think, rose, are there any thoughts?
09:57:39 >>ROSE FERLITA: I agree with you, John, and I would
09:57:42 have brought it up.
09:57:43 I think we should open this up for public comment.
09:57:46 Otherwise, we are going to wait for the agendaed
09:57:49 public comment.
09:57:50 >>GWEN MILLER: Public comments is coming next.
09:57:53 >>ROSE FERLITA: All right, if it's fine, okay.
09:57:59 >>> I have given each of you a copy of a letter sent
09:58:02 to Ms. Ross and Mr. Grau that has a couple of
09:58:07 attachments, a map and some tables that show the
09:58:12 prices for various other possible solutions.
09:58:16 For the viewing public, the folks that don't know what
09:58:18 all this is about, and going through quickly that
09:58:21 letter, we have a flooding problem on coachman, had it
09:58:25 for a number of years, included in the flooding from
09:58:28 stormwater is also sewage spilling in that area.
09:58:31 You're aware that we are in a consent agreement with
09:58:35 DEP and EPC, as part of that consent agreement they
09:58:39 specified specifically that we had to find a solution
09:58:40 to the problem, especially with regard to the sewage
09:58:44 There is a pumping station on Bayshore that all of the
09:58:49 sewage goes to.
09:58:50 We have come up with a solution.
09:58:51 The solution includes upgrading those pumps at the
09:58:55 pumping station, and connecting that into.
09:59:02 We were required to put in an emergency generator.
09:59:05 Again not our choice, not our preference but we were
09:59:07 required to put in an emergency generator.
09:59:09 We looked at a number of locations including the
09:59:14 patriots corner, which is not city property.
09:59:16 But we looked at a number of locations.
09:59:19 The best fit we could find was among some trees on
09:59:24 Bayshore, close to the generator, and again hidden,
09:59:28 partially hidden from view, not very far away.
09:59:34 There are no other city properties that we can find in
09:59:37 The folks from Monte Carlo have suggested a number of
09:59:42 We chased and priced those.
09:59:44 We have talked with FDOT.
09:59:46 We have talked with the Crosstown authority and we
09:59:48 have talked with TECO.
09:59:50 A number of the folks from Monte Carlo came in, met
09:59:53 with the mayor.
09:59:54 The mayor suggested that we try landscaping for
09:59:58 She did ask us to write letters to TECO, and to FDOT
10:00:02 to get written responses.
10:00:03 We have written those letters.
10:00:05 We have not received a written response.
10:00:07 But I can give you some information regarding their
10:00:10 responses, or their comments in that regard.
10:00:16 We are planning to do more landscaping, and among the
10:00:19 things that the mayor committed to was to enhance the
10:00:21 landscaping along the median there in front of the
10:00:23 Monte Carlo to the level of the landscaping at the
10:00:27 Monte Carlo, and to try to match it, and make it a
10:00:33 little more attractive in that area.
10:00:39 Primary problem in each of the other locations, as you
10:00:42 can see in that package that I have submitted, is that
10:00:44 the cost is between 380 and $520,000 additional to
10:00:50 move that, take it to another location.
10:00:52 And at this point, we really don't have another
10:00:55 location where we have the approval to move it,
10:01:00 Anyway, that's kind of it in a nutshell.
10:01:05 >>MARY ALVAREZ: I don't believe we got that packet, or
10:01:07 that letter.
10:01:08 I don't remember seeing it.
10:01:10 I haven't seen it.
10:01:12 Maybe it wasn't given to us.
10:01:14 >>STEVE DAIGNAULT: Did anybody else not receive it?
10:01:22 >>MARY ALVAREZ: Mr. White hasn't gotten it.
10:01:25 Mr. Daignault, this generator that you are talking
10:01:29 about, this is the one that's supposed to have the
10:01:32 coachman area you mentioned?
10:01:36 Would that help coachman and MacDill?
10:01:40 Because I understand that area was pretty flooded this
10:01:42 past week with that torrential rain that we had on
10:01:46 either Monday or Tuesday night.
10:01:48 >>STEVE DAIGNAULT: I need to slice a hair for you
10:01:53 There is the issue of stormwater in the coachman area.
10:01:57 And then there is the issue of a sewage spill.
10:02:00 The stormwater, the flooding -- the reason it becomes
10:02:04 a huge problem for us is when we do have a sewage
10:02:08 spill associated with a large storm or big flooding,
10:02:12 then it all becomes sewage.
10:02:15 Our primary objective, and our requirement under the
10:02:19 consent agreement, was to get rid of the sewage
10:02:25 This project that we are putting in will help just
10:02:29 slightly with this flooding but it not intended to
10:02:32 address the flooding.
10:02:34 If you will notice on the next year of the five-year
10:02:39 stormwater plan, we have added a project to address
10:02:43 the flooding in that area where we would put in a
10:02:46 stormwater type pumping station, and try to get that
10:02:51 water out of there quickly.
10:02:52 But this -- again this project that we're talking
10:02:56 about will eliminate the sewage spill part of that
10:03:01 >> So what do we do in the meantime, a Lao them to
10:03:04 node like it did?
10:03:07 It's my nephew that was in that area and I have to
10:03:11 take care of him.
10:03:15 The water was up to the door!
10:03:19 >>> I know, as you all know we had in excess of five
10:03:22 inches of rain in a 3-hour period.
10:03:24 And we did have a lot of flooding.
10:03:27 Luckily, it didn't go into most houses.
10:03:29 It did flood a lot of areas, lots of roads were
10:03:33 Actually, that was a more aggressive rain than we had
10:03:36 in the storms two years ago.
10:03:38 >>MARY ALVAREZ: There's really nothing we can do about
10:03:43 >>STEVE DAIGNAULT: Not at this time.
10:03:44 We do have a project in the five year plan to come
10:03:47 back and address that flooding problem at coachman but
10:03:51 we are eliminating the sewage spill potential in that
10:03:54 flood water.
10:03:54 >>MARY ALVAREZ: Thank you.
10:03:57 >>GWEN MILLER: Mr. Dingfelder?
10:03:58 >>JOHN DINGFELDER: A couple of points.
10:04:02 After Monday night when all received some e-mails
10:04:04 about flooding this past Monday night.
10:04:06 Has anybody calculated what type of storm event that
10:04:09 Was that a ten-year storm event or 25-year storm
10:04:13 >>> I don't know.
10:04:15 We can find out what size storm that was.
10:04:18 >> I saw Mr. Awad out in the hallway.
10:04:21 Maybe he can enlighten us.
10:04:24 >>> Going to this issue of what is now essentially
10:04:26 known as the Bayshore bunker, we need to clarify a
10:04:32 couple of things.
10:04:32 For one thing, you and your staff and I and Jimmy Cook
10:04:39 and real estate, we work very hard and diligently, and
10:04:44 just to be honest and straightforward, I think we did
10:04:47 identify a location behind the Monte Carlo building to
10:04:50 put this.
10:04:51 There's a 15-foot easement behind the building where
10:04:53 this thing potentially could go.
10:04:54 Nobody has any argument that we need the generator
10:04:57 within the vicinity of the pump station on the
10:05:00 But it could be moved perhaps a block or two away, and
10:05:04 I think that to be fair and honest, I think we have
10:05:07 located a potential spot behind the Monte Carlo.
10:05:11 The problem then becomes money.
10:05:13 As you have clearly indicated -- and I guess there's a
10:05:16 new figure of $360,000, perhaps that's the one related
10:05:20 to the easement behind the Monte Carlo.
10:05:23 So the administration has made a determination that at
10:05:31 this time we don't really have the $360,000 and can't
10:05:35 justify spending the $360,000 to move the generator
10:05:38 back behind the Monte Carlo for aesthetic purposes.
10:05:41 I think that's the bottom line on this.
10:05:44 And that's -- I'm not saying it's okay.
10:05:48 I don't know that council is going to come to that
10:05:50 But that's the administration's conclusion at this
10:05:52 point. The mayor has been very involved in this.
10:05:54 She put a lot of time with this, met with the
10:05:58 neighbors and done her homework on this issue.
10:06:01 What she has suggested is let's get the greenery grow
10:06:03 up around the bunker.
10:06:05 And give it a little time to grow up because as we
10:06:08 know, shrubs and vines need some time and after a
10:06:13 period of time we'll reevaluate it and see if it's
10:06:15 still aesthetically a problem.
10:06:21 Going back a few steps, I would say definitively that
10:06:24 it was a bad decision and a bad precedent to put that
10:06:27 bunker out there to start with.
10:06:29 I think it was the wrong location.
10:06:31 I think as this council has been very, very adamant
10:06:34 over the last year or two, to say, let's improve the
10:06:37 Bayshore, let's work hard, let's create Bayshore task
10:06:41 force, let's create a Bayshore overlay district, let's
10:06:44 work really hard to preserve the Bayshore as an asset,
10:06:48 then, you know, we turn around in a different arm of
10:06:50 the government, turns around and builds this 8-foot
10:06:54 structure on the Bayshore, in the median.
10:06:57 You know, so it's a little bit hypocritical.
10:07:00 And I don't think it's great.
10:07:02 It's government at its best.
10:07:05 With all of that said what I am going to suggest --
10:07:07 and obviously there's some more discussion on this,
10:07:10 and we want to hear from the neighbors.
10:07:12 But what I am going to suggest, in deference to the
10:07:14 administration, what the mayor has suggested, that we
10:07:17 put this on the agenda to come back one year from now,
10:07:20 one year from now, the shrubbery will have a chance to
10:07:24 grow up, and maybe you and parks, and you can
10:07:28 landscape the heck out of this, because that's the
10:07:30 expectation that this community expects, and a year
10:07:34 from now, I'm going to make a motion that you bring
10:07:37 back some many, many pictures of this, long-range,
10:07:41 short-range pictures of the bunker as a landscape, so
10:07:45 everybody can see, have we done a decent job of
10:07:48 covering up this sort of ugly little structure?
10:07:53 So I make that motion after I hear from everybody
10:07:57 >>ROSE FERLITA: John, I understand what you're trying
10:08:00 to do.
10:08:00 The only problem I see is -- well, a couple things.
10:08:03 Let me just go back.
10:08:05 And Mr. Daignault, when we talked about it initially,
10:08:08 I understood the concerns and the reasons, et cetera.
10:08:10 But then upon -- and I was comfortable at that point.
10:08:12 But that was before I talked to some of the neighbors.
10:08:14 That was before I did some of my research.
10:08:17 And having had several conversation was Dr. Garrity of
10:08:24 EPC, then I was made aware of the fact that, yes, this
10:08:28 was part of the consent order.
10:08:29 But the consent order did not dictate the location.
10:08:32 So that being said, that's the first problem, and I
10:08:37 agree with John.
10:08:38 Because I don't think so, not from my conversation was
10:08:43 the neighbors, the ones right there, was this at all
10:08:45 discussed as a courtesy or was there any dialogue with
10:08:48 the neighbors that we are going to have to look at
10:08:50 this horrible thing forever and ever, and if we have
10:08:54 located it someplace else initially, that would have
10:08:59 been less than what it would cost to relocate.
10:09:05 I think in our frustration to find someplace, I'm sure
10:09:09 some of my colleagues tried to have some conversation
10:09:10 was people, too, my office talked with Ralph Loren of
10:09:15 the authority and he said we don't want it under the
10:09:19 expressway in case there's any kind of a problem, it
10:09:22 might exacerbate some safety issues.
10:09:27 I think it's always prudent and we should learn from
10:09:29 this, if people know what's coming and they feel they
10:09:32 have an opportunity to weigh in, it's great.
10:09:35 John, although that may be a nice gesture, I don't
10:09:38 care how much you landscape it.
10:09:39 The people on the 8th floor or 10th floor,
10:09:42 they are always going to look down on that.
10:09:44 In addition to the fact that not very far, the next
10:09:47 block I think on Stovall that comes up to mason, we
10:09:50 have that other piece of equipment there that
10:09:55 obstructs some of your vision when you are trying to
10:09:57 get out, too.
10:09:58 So those things are not very pleasant to the Monte
10:10:01 Carlo residents and other people around there.
10:10:03 I think we messed up on this pretty big.
10:10:05 Because people need to be at the table especially when
10:10:08 something affects them.
10:10:09 And I would have been okay with it but when Dr.
10:10:18 Garrity said -- I don't know what the residents are
10:10:20 going to say.
10:10:22 For lack of what I haven't heard yet.
10:10:24 John's idea is okay.
10:10:26 I'm sorry that I am not going to be here in a year,
10:10:29 not from a standpoint much "I told you so" but we are
10:10:33 here down the road and I don't think the people on
10:10:35 Monte Carlo and their neighbors are going to like it
10:10:37 any more.
10:10:38 Follow through was not done.
10:10:39 And preliminary discussions.
10:10:44 I as well, Mr. Dingfelder, am anxious to listen to the
10:10:48 >>SHAWN HARRISON: It strikes me that this is just a
10:10:54 financial issue.
10:10:55 It's really all it is.
10:10:56 It's a question of do we think it's a wise expenditure
10:10:59 of 3 to $400,000 to move it?
10:11:02 As we consider the possibility of an overlay district
10:11:06 for Bayshore, one of the things that we might
10:11:09 consider, and I would be interested to hear from the
10:11:11 public, not particularly just on this issue but as we
10:11:15 go through that debate, whether we ought to think
10:11:17 about an assessment district for the Bayshore as well.
10:11:22 It is a unique street, and as the price of government
10:11:25 goes up, it may not be possible for the City of Tampa
10:11:30 general fund to take care of all the issues we need on
10:11:32 Bayshore, but maybe some sort of assessment district
10:11:35 there could help.
10:11:38 I'm not saying that's a good idea or bad idea, but
10:11:40 it's probably something that ought to be thrown into
10:11:43 the mix.
10:11:44 So that could be a potential source of revenue for
10:11:46 relocating this as well.
10:11:51 >>JOHN DINGFELDER: Well, I would like to hold off on
10:11:57 my motion until we hear from the residents.
10:12:00 So whatever order you would like, Madam Chair, I'll
10:12:03 leave it up to you.
10:12:05 >>GWEN MILLER: we would go --
10:12:09 >>ROSE FERLITA: I have a couple more comments.
10:12:11 One of the concerns or deconcerns that FDOT had, what
10:12:16 was the dialogue with TECO?
10:12:18 How do they weigh in?
10:12:21 >>STEVE DAIGNAULT: The recommendation from the Monte
10:12:22 Carlo residents was that TECO at one of their
10:12:26 substations had an area that we could put the
10:12:29 generator there, and they had conduits from that
10:12:31 substation to our pumping station.
10:12:38 We have not found that to be the case yet.
10:12:40 I have written a letter asking that they have that.
10:12:43 The location of the substation is considerably farther
10:12:48 away than the Crosstown and Bay to Bay location.
10:12:55 Again we have not received a response back.
10:12:56 >>ROSE FERLITA: Just in an issue of fairness I see
10:13:00 there's a representative of TECO. I don't know if
10:13:02 he's been made aware of this or it was channeled to
10:13:04 the wrong department, or if you have any comments at
10:13:07 this point.
10:13:07 I don't mean to put you on the --
10:13:12 >>> Thank you, Rose.
10:13:13 This is the first --
10:13:15 >>CHAIRMAN: Put your name on the record.
10:13:17 >>> Andrew Fraser, Tampa Electric Company, 702 North
10:13:21 This is the first it's been brought to my attention.
10:13:23 I'll be sure to get with Steve right after this
10:13:25 meeting so we can discuss it and get some follow-up as
10:13:29 soon as possible.
10:13:31 >>ROSE FERLITA: Thank you.
10:13:32 >>JOHN DINGFELDER: Before Steve goes far --
10:13:35 >>GWEN MILLER: He's going to stay.
10:13:36 >>JOHN DINGFELDER: Let me just say one thing then.
10:13:40 People have indicated that they have a problem because
10:13:42 they don't want to look down from their apartments,
10:13:45 and down into looking at a generator which is probably
10:13:48 I don't think that's what they bought into that
10:13:52 building for.
10:13:52 And they are paying very high taxes in that building
10:13:55 and everywhere along the Bayshore.
10:13:57 I think that's actually their assessment already is
10:14:00 they are paying the taxes along the Bayshore and
10:14:03 assessment, appraisal along Bayshore is much higher
10:14:06 than elsewhere.
10:14:07 But I think maybe, Steve, we can look at a trellis on
10:14:10 the top of the structure.
10:14:12 So at least they will be looking at a trellis and
10:14:17 maybe the vines would even go over the trellis.
10:14:19 You obviously have to add some lighting inside the
10:14:21 structure but I'm sure you have electricity in there.
10:14:29 >>> Just for the record I contacted Stephani Agliano
10:14:33 at the meeting, earlier this week, or last week, and
10:14:36 she asked me to send a letter to her, and she would
10:14:39 get at round.
10:14:40 So that's where it is at TECO.
10:14:43 >>ROSE FERLITA: Just as a final comment from me, not
10:14:45 to do with you, Steve, but to the suggestion that
10:14:48 councilman Harrison made, I wouldn't be supportive of
10:14:51 an assessment there because all of a sudden we are
10:14:54 deciding the residents should have that assessment to
10:14:56 take care of something that maybe could have been
10:14:58 placed someplace else or at the budgetary item or not
10:15:02 and I want to remind council that one of the problems
10:15:04 with this, and some of the gentlemen referenced the
10:15:08 flooding the other night.
10:15:09 I have got a call at about 10:00 at nature from an
10:15:13 elderly lady that's on Paxton.
10:15:15 This is just conversation with us, Steve, nothing to
10:15:17 do with you.
10:15:18 But if you remember, we had some budgetary items on
10:15:21 solid waste, stormwater, I'm sorry, and one of those
10:15:24 big projects was to address storm flooding, et cetera,
10:15:28 on Paxton.
10:15:29 And I would just like to remind my colleagues, I
10:15:33 probably won't be here when it comes again.
10:15:34 But after we tried to resolve some of that flooding,
10:15:38 back to back, after that, there were two petitions
10:15:40 that came before us that worked against that,
10:15:45 exacerbated the same problem those residents wanted us
10:15:48 to fix, and I voted against it but we in general
10:15:50 approved reducing the lot so we could allow more
10:15:53 density there. So we have to be careful about what we
10:15:55 do after we try to do something about it.
10:15:58 >>GWEN MILLER: We will.
10:16:07 Is this anyone in the public that would like to ask
10:16:09 for reconsideration?
10:16:11 We now go to our audience comments.
10:16:14 Anyone in the audience that would like to speak on any
10:16:16 item on the agenda that's not set for public hearing,
10:16:18 you may come up now and speak.
10:16:20 Everybody that wants to speak, come line up and let's
10:16:24 If you want to speak, come on up and speak.
10:16:33 >>> My name is Bernice Ross.
10:16:35 I'm a member of the Bayshore green lake.
10:16:40 However, my name is not important.
10:16:42 But what is important are the names on these petitions
10:16:45 requesting the city to move the location of the
10:16:48 emergency generator from the Bayshore greenway.
10:16:53 These petitions represent over 600 people from the
10:16:57 city and county who, by signing these petitions, have
10:17:01 asked me to speak for them.
10:17:04 People from Channelside, Davis Island, Harbor Island,
10:17:07 Bayshore Boulevard, grovewood court, Bahia Vista,
10:17:12 Tyson street, even people from St. Petersburg, all of
10:17:17 whom are intimately familiar with the Bayshore.
10:17:19 But even those who live in other parts of the county
10:17:22 are familiar with the Bayshore, because of the
10:17:24 numerous events on it.
10:17:27 I have personally spoken to many of these people, and
10:17:31 they are angry with the placement of this industrial
10:17:35 structure on the Bayshore greenway, the jewel of
10:17:37 Tampa, as we all know it.
10:17:40 We do not deny the needs of this emergency generator.
10:17:46 But a mistake has been made and it must be rectified.
10:17:49 We are continuing to receive signed petitions daily,
10:17:53 and we will stay the course.
10:17:56 It must be gratifying to the council to know that so
10:17:58 many people really care.
10:18:01 Thank you.
10:18:02 >>GWEN MILLER: Thank you.
10:18:10 >>MOSES KNOTT, JR.: I reside at 2902 East Ellicott
10:18:14 street and I thank God for his grace and his mercy.
10:18:20 That's all I have going for me.
10:18:22 And those all I need.
10:18:23 But I want to speak on two or three different
10:18:28 I wasn't going to speak on this Bayshore thing but
10:18:30 something hit me.
10:18:31 I talk about water all the time.
10:18:36 Awhile ago you had a man here out of water.
10:18:40 Now, God sent a lot of water up there on Bayshore.
10:18:43 You know what?
10:18:46 I don't know what you all can do around there.
10:18:49 Everybody around Bayshore go down on bended knee, say,
10:18:52 Lord, if it's your will, keep some of your water out
10:18:56 of our neighborhood.
10:18:57 Because you know what I done?
10:18:59 I tell you all, you talk about water -- and I told you
10:19:03 over and over again, water goes where a lot of sin at.
10:19:09 They go there.
10:19:09 Now I saw Bayshore come all the way up there, block
10:19:15 the road several times, and then one time, I thought
10:19:20 Bayshore went all the way empty, people walking out
10:19:23 there in the middle of it.
10:19:24 Now all got to do, people will be up on the roof tops
10:19:32 like they was in Louisiana.
10:19:34 But ain't nothing you all can do about that.
10:19:37 And you still people taking to court to pay for water
10:19:42 for watering their yards.
10:19:43 And now saying where with K we get some money from,
10:19:47 flooding all over town.
10:19:49 And nobody can do anything about it.
10:19:50 Now you going to take this thing and blow it all out
10:19:53 of proportion.
10:19:54 But I heard one of you say the dog thing, you know.
10:20:03 Now can't have -- poor people can't have dogs no more.
10:20:09 We trained by code enforcement to hate dogs.
10:20:12 People have dogs tied up.
10:20:14 We need dogs bad to protect us, you know.
10:20:16 Down through the years we used dogs and everything,
10:20:22 you know.
10:20:23 But now, you know, we are taught to hate dogs, and the
10:20:27 dog man out there at the county, they hate dogs
10:20:29 because they come over and get dogs and kill them,
10:20:34 burn them up alive, you know, and then they turn
10:20:36 around and get all the poor peoples that got the dogs,
10:20:40 you know, they say, oh, put the people in jail, and
10:20:46 throw the key away, about a dog.
10:20:49 But anyway, what I'm saying, though, about bringing
10:20:53 the dog to dinner.
10:20:55 Whoo, Lord, Jesus.
10:21:00 I don't want dog hair on my food.
10:21:03 >>GWEN MILLER: Next.
10:21:14 >>> Tampa, Florida 32629.
10:21:16 I'm here about the project on Bayshore that everybody
10:21:20 is so upset about.
10:21:22 And I'm here as a citizen representing the others in
10:21:31 The Bayshore has been, as they call it, a signature
10:21:34 street for the City of Tampa, it represents everybody
10:21:36 in Tampa.
10:21:37 Every time we have a special event, it's all on the
10:21:42 When we have tourists come down, they go down and have
10:21:46 their picture taken there.
10:21:48 But I have to tell you this because we have -- we
10:21:52 allocate add lot of money to the Bayshore.
10:21:54 One of the things they put in there that they did not
10:21:57 have, if you remember all that trash used to go out in
10:22:01 the bay, and everybody complained about that.
10:22:03 So we got the public works to put out receptacles that
10:22:08 now keeps the Bayshore clean.
10:22:10 And in, I guess, 1986 before I left the council, we
10:22:15 allocated money to redo the wall.
10:22:19 If you remember it was falling down.
10:22:21 We allocated $12 million to do that.
10:22:26 That's to prevent the Bayshore from deteriorating.
10:22:28 So when they talk about the amount it was going to
10:22:30 cost to move that generator, in comparison, we spent
10:22:36 $12 million to have that Bayshore.
10:22:41 The thing that bothers me the most about it, they make
10:22:43 it a Monte Carlo issue, not a city issue.
10:22:49 Because I know people that live there.
10:22:54 But I tell you the truth, if somebody dumped a
10:22:56 commercial generator practically in my front yard, I
10:22:59 would complain all the time.
10:23:01 There's no excuse for that.
10:23:02 And you can't tell me in the city this large that we
10:23:06 can't find an alternate space to put that.
10:23:11 I think the people of Monte Carlo have been very
10:23:15 If they were to bring it into my neighbor, I promise
10:23:19 everyone in the neighborhood would be upset.
10:23:21 So I'm here to support the citizens of Tampa who spent
10:23:23 a lot of money to preserve the Bayshore, it's a
10:23:29 historic street, listed in the Guinness book of
10:23:39 records, we all know,, that, miles of continuous
10:23:43 Now would we jeopardize that for putting a generator
10:23:48 As I understand somebody else is going to speak on
10:23:51 That generator, if it floods it would be useless to
10:23:57 Nobody can use it.
10:23:58 I want to thank you for listening.
10:23:59 I remember having been there, we all have something to
10:24:03 say, and thank you for listening.
10:24:08 >>JOHN DINGFELDER: Helen, I did want to thank you for
10:24:10 your years of service.
10:24:11 And I think they are quality years.
10:24:12 We appreciate it.
10:24:13 I also wanted to say we have an opening coming up
10:24:15 city-wide, so if you want to come back on, you know.
10:24:19 >>> Can I apply right now?
10:24:20 >>JOHN DINGFELDER: There you go.
10:24:21 >>> You know, the thing about the City of Tampa people
10:24:24 forget, we all show up here with all our little
10:24:29 problems and you have to listen to it but that's part
10:24:31 of being on City Council.
10:24:32 They don't go to the commission or they don't go to
10:24:34 the state, they don't go to -- they all come to City
10:24:38 Council because they speak directly with someone in
10:24:41 >>JOHN DINGFELDER: And we appreciate it.
10:24:43 Thank you.
10:24:44 >>> It's a tough job.
10:24:45 >>ROSE FERLITA: Mrs. Travis, if you don't want to
10:24:53 rerun but sit here temporarily because I'm leaving.
10:24:56 But we did spend a lot of money on that.
10:24:58 And I remember the lady that did some of that repair
10:25:00 work to the wall was J. J. Watts.
10:25:05 >>> Well, the City Council in '86, we allocated the
10:25:09 money but it didn't get started till 87, 88, and I
10:25:12 called her last night, asked her how much we spent on
10:25:16 She said $12 million.
10:25:18 And I said they are arguing about -- I don't know what
10:25:21 it's going to cost to move that thing but it's peanuts
10:25:24 compared to what we spent on the sidewalks and
10:25:27 And why we jeopardize that, I don't understand.
10:25:31 >>JOHN DINGFELDER: In this council's defense, we are
10:25:33 budgeting a million dollar this coming year to close
10:25:36 and paint and fix the cracks in the balustrade.
10:25:48 >> It's on the brochures.
10:25:50 We talk about beautiful Bayshore.
10:25:52 And I hope they are going to put a little sign there
10:25:54 that says this is our generator.
10:25:57 [ Laughter ]
10:25:58 >>GWEN MILLER: Thank you.
10:26:05 >>> I'm grace waller.
10:26:07 I want to talk about the Bayshore overlay district.
10:26:10 The city is currently considering establishment of an
10:26:14 overlay district.
10:26:15 Or at a minimum adding additional guidelines for the
10:26:19 city's comprehensive plan to preserve the special and
10:26:22 unique character of the Bayshore area.
10:26:26 This effort recognizes a Ned to preserve and protect
10:26:29 special and unique areas within the city.
10:26:32 The overlay district is meant to manage setbacks, land
10:26:37 use, landscaping, and the elimination of visual
10:26:42 So how can the city consider creating Bayshore overlay
10:26:47 district while at the same time placing a large
10:26:51 industrial generator in the middle of the Bayshore
10:26:54 island median?
10:26:58 Surely an industrial generator installed only ten feet
10:27:01 from the road will violate the rules that will govern
10:27:03 the setback from land use.
10:27:06 What good is an overlay district if the area's largest
10:27:10 land holder, city, feels no obligation to follow the
10:27:14 rules and guidelines?
10:27:16 The purpose of the proposed overlay district is to
10:27:19 preserve the character of the Bayshore area, 8-foot
10:27:24 concrete structure, that's 8-foot tall, it's 16-foot
10:27:30 Does that concrete bunker and an environmental
10:27:33 generator add to the character that they are trying to
10:27:35 establish and preserve?
10:27:37 I don't know how the mayor or any council member or
10:27:41 any city official can dollar that he or she supports
10:27:46 the establishment of the overlay district and not
10:27:50 support the relocation of the generator off of the
10:27:54 Bayshore median, the two positions are simply
10:27:59 I thank you.
10:27:59 >>GWEN MILLER: Thank you.
10:28:13 >>> Good morning.
10:28:14 I have some copies I would like to give to you.
10:28:26 >>JOHN DINGFELDER: Put them on the overhead.
10:28:28 Sir, you can put them on the overhead.
10:28:30 That way the audience can see them.
10:28:32 >>> This is my first time here.
10:28:34 >>MARTIN SHELBY: Did you state your name, sir?
10:28:36 I'm sorry.
10:28:37 >>> Tom Allen.
10:28:38 I live on Bayshore.
10:28:47 This was taken after one of the storms last year.
10:28:49 And as you can see, we had a few vehicles that were
10:28:54 stalled out.
10:28:54 Basically what I am trying to point out is, they put
10:28:57 this generator in the worst possible place.
10:29:01 This was just the tail end of a typical storm that
10:29:04 didn't even come here.
10:29:06 The other day, when we had, what was it, five inches
10:29:09 of rain, four inches of rain, same kind of problem it
10:29:12 was flooded almost up to the front door of the pumping
10:29:16 Now, I will agree if they put the generator inside of
10:29:19 a sealed wall, and they did seal that door properly,
10:29:23 that it will probably survive.
10:29:25 The rain storms.
10:29:27 But I just kind of wonder what's going to happen when
10:29:30 everybody that keeps predicting this huge surge that
10:29:33 we are going to have, anywhere from six to nine feet,
10:29:37 then what?
10:29:39 It obviously is going to drive out the generator.
10:29:42 The generator has to have air in order to operate,
10:29:45 doesn't it?
10:29:45 Also has to have electricity to get it started.
10:29:48 The generator, as I understand it, would be be used
10:29:51 during times when the power actually fails.
10:29:59 And my conversation was TECO, he indicated that is a
10:30:04 sole source line, a dedicated line.
10:30:06 I really don't know, and I don't know if any of the
10:30:08 staff knows, how many times they have actually lost
10:30:12 Was it flooding that caused the problem that got
10:30:15 inside the pumps?
10:30:16 Or was it the power that went off that caused the
10:30:21 I don't know anybody that really does other than maybe
10:30:25 The TECO engineer told me in no uncertain terms, it's
10:30:28 a bad location.
10:30:29 And they would cooperate in any way they could to try
10:30:33 to put in a different sole source power system.
10:30:39 You might not even need the generator down on Bayshore
10:30:42 at all.
10:30:43 Could you put it up close to the railroad tracks where
10:30:46 the substation is now.
10:30:47 I agree, it's more wiring.
10:30:50 But, you know, we run extension cords for Christmas
10:30:54 tree lights.
10:30:55 Why can't they run an extension card for this thing?
10:30:57 Why does it have to be sitting right in front of our
10:31:00 And if you haven't been down there, you really need to
10:31:03 go take a look at it.
10:31:05 It is huge.
10:31:06 All the people that walk Bayshore and jog Bayshore we
10:31:09 have talked to, and they all say, what in the world is
10:31:13 this thing for?
10:31:14 And I just heard a minute ago that because of the
10:31:16 flooding problem, because of the rain, we have to
10:31:20 build another pumping station to take care of our
10:31:22 friends that are up the road.
10:31:24 Where is that going to be?
10:31:26 If they put it on Bayshore, you're in for another
10:31:29 So I don't know.
10:31:31 But essentially what we are trying to get to all of
10:31:34 us, and then eventually get to the mayor, the money
10:31:37 that we spend now will be well spent if this operation
10:31:40 works like it's supposed to later.
10:31:45 (Bell sounds)
10:31:46 If it floods and doesn't work, it's down the tubes.
10:31:50 >>GWEN MILLER: Thank you.
10:32:03 >>> I'm Leon stone.
10:32:05 I live at 3301 Bayshore Boulevard.
10:32:10 One of the things that has not really fully been
10:32:17 discussed is that the weather bureau is telling us
10:32:20 that we can expect as much as a 20-foot storm surge.
10:32:24 If that occurs, the generator, where it's located now,
10:32:30 will be totally flooded.
10:32:32 It will be totally ineffective.
10:32:35 So the generator needs to be moved to a higher ground.
10:32:40 The location under the Crosstown expressway is a
10:32:45 desirable location.
10:32:48 The amount of money that we are talking about, roughly
10:32:53 $200,000, because under the Crosstown, they will not
10:32:57 need a structure.
10:32:59 It could be enclosed by inexpensive chain link fence.
10:33:04 It can be elevated on a platform.
10:33:06 So it will definitely not be flooded out.
10:33:10 So we're talking about, without the structure, talking
10:33:14 about maybe a couple hundred thousand dollars.
10:33:17 And in the overall scheme of things, that money, it
10:33:21 will be less than what will happen if you do have
10:33:26 sewage all over the Bayshore.
10:33:31 You will have a disaster of huge proportions, and
10:33:40 disease knows know boundaries.
10:33:43 With the amount of sewage that will flood all over the
10:33:45 Bayshore, we will have disease that will undoubtedly
10:33:50 affect all of us.
10:33:53 The question of cost, which is minor, can be very
10:33:59 easily solved.
10:34:00 I'm not sure whether the council can do it.
10:34:03 But I'm told that this is funded by a surcharge on our
10:34:08 water bill.
10:34:10 That surcharge could be increased by two cents, three
10:34:14 cents, or whatever the case for a very short period of
10:34:17 time, and that would pay for this additional cost.
10:34:21 So the arguments that you hear about cost are really
10:34:27 not relevant.
10:34:29 What we are concerned with, and what will affect all
10:34:32 of us in the entire city, is what will happen if there
10:34:37 is a 20-foot storm surge.
10:34:40 Thank you.
10:34:43 >>ROSE FERLITA: Sir, I want to tell you first of all,
10:34:46 I agree with you in terms of the fact it should be
10:34:48 But just to eliminate that possibility, I don't know
10:34:50 if you heard me awhile ago, my office did talk with
10:34:55 the expressway authority and he checked with the
10:34:57 secretary of this district for Florida department of
10:35:00 They don't want it under the expressway because they
10:35:03 feel that if there's some sort of an emergency, that
10:35:07 might cause some problems.
10:35:08 I just want to tell you, in my frustration and
10:35:11 everybody's frustration, we are trying to find some
10:35:14 places except that one can't be it.
10:35:16 But they said no.
10:35:17 >>> May I respond?
10:35:19 >>ROSE FERLITA: Sure.
10:35:20 >>> We have checked.
10:35:21 There is -- this is diesel fuel that will power this
10:35:27 There is no recorded accident involving diesel fuel.
10:35:34 Diesel fuel is being used in tanks everywhere.
10:35:37 There is a diesel fuel tank outside of the Monte
10:35:41 It poses no hazard.
10:35:43 But if there is a concern, the tank can be buried, and
10:35:48 the generator can be fueled from that tank which is
10:35:51 So when they say that this is a hazard, I think that
10:35:56 that is a spurious claim.
10:35:59 >>ROSE FERLITA: Well, that appears then, sir, that you
10:36:03 have more engineering experience than I do so I will
10:36:05 certainly yield to you.
10:36:07 I want to inform you about the initial conversation.
10:36:10 But if that's something to pursue, hopefully at the
10:36:12 end of our dialogue we are going to give more
10:36:14 direction to staff and maybe they can talk further
10:36:16 with the Crosstown people.
10:36:17 I'm on your side.
10:36:19 >>> I understand.
10:36:20 And I appreciate it.
10:36:21 I do think that the council can bring pressure to bear
10:36:28 on D.O.T. and point out that this is a situation that
10:36:32 requires them to be more open than the solution.
10:36:36 >>ROSE FERLITA: Thank you, sir.
10:36:38 >>GWEN MILLER: Thank you.
10:36:43 >>> Good morning.
10:36:44 I'm Jim GRAU.
10:36:47 >>JOHN DINGFELDER: Before you get started do you or
10:36:51 any of your neighbors have a picture of the structure
10:36:53 we are talking about that we can put on the overhead?
10:36:59 >>> Councilman, not as it stands today.
10:37:01 I have got pictures of what it looked like --
10:37:05 >>JOHN DINGFELDER: When it was first built?
10:37:08 I think it would help people listening to the
10:37:12 discussion to know what we are talking about, in
10:37:19 >>> This was pre-landscaping.
10:37:23 >> I know the city painted it green and put some
10:37:25 shrubs around it.
10:37:33 >>JOHN DINGFELDER: That's eight feet tall.
10:38:05 >>> I represent the Bayshore condominium council.
10:38:07 And our association represents roughly 1500 residents
10:38:12 along Bayshore.
10:38:14 And roughly 2500 citizens.
10:38:18 And one of the purposes of our group is to function as
10:38:24 a single voice in local areas that are deemed
10:38:30 important, with regard to the betterment and the
10:38:33 welfare of that area.
10:38:34 So that's one of the reasons why I'm here today.
10:38:37 I'm going to take you back, though.
10:38:39 I think as my friend Tom got all excited, he actually
10:38:43 forgot the handout that he was going to hand you.
10:38:45 So I'm going to start, if I can, just a minute to
10:38:48 explain what you're looking at.
10:38:50 Those of you that got pictures from Steve and his
10:38:55 packet that showed the various locations that were
10:38:59 All right?
10:39:02 It shows the various spots.
10:39:04 What we did was then we took the FEMA flood maps and
10:39:10 overlaid that on that same photograph.
10:39:13 FEMA breaks flood zones into, A, highly likely to
10:39:18 flood, B, moderately likely to flood, and, C, unlikely
10:39:21 to flood.
10:39:22 All right?
10:39:23 And as you can see, there were two locations in level
10:39:28 C, and two locations in B and one location in A.
10:39:34 And we are pursuing the one that is in A.
10:39:37 And this makes no sense to me why you would begin.
10:39:42 So that's what you are looking at.
10:39:45 Whether or not, councilman Ferlita, we can put exactly
10:39:50 under there or if there's a gap in the Crosstown at
10:39:52 that point.
10:39:53 There is actually a spot.
10:39:57 I'm not sure about diesel fuel but there are parking
10:40:01 lots that are adjacent to that.
10:40:03 But there are areas in level C, flood zone, that are
10:40:06 available to us that would be better positions for the
10:40:15 Let me come to the council I was talking about.
10:40:17 Our council that represents these 1500 residents is
10:40:21 strong -- strongly support the effort of the Bayshore
10:40:23 greenway group.
10:40:25 And in fact, at a meeting on July 12th, we
10:40:29 unanimously passed a resolution opposing the
10:40:32 installation of a diesel generator on the Bayshore
10:40:37 Our members, I think it's been said, four our members
10:40:41 are particularly concerned about the lack of public
10:40:43 notice, that such a visible structure, and one that's
10:40:48 so inconsistent with the area, could be planned and
10:40:51 installed without soliciting comments from interested
10:40:58 Installation of this generator at that location really
10:41:03 breaks with a long-standing tradition of preserving
10:41:06 the park-like environment of Bayshore.
10:41:10 It has been almost 50 years since an industrial
10:41:14 structure went up on the Bayshore.
10:41:18 Now that goes back lots of mayors, ten, twelve mayors,
10:41:22 lots of councils, all of whom -- all of whom did not
10:41:28 get into the urge to build structures on the Bayshore.
10:41:35 One of the questions that this administration -- is
10:41:41 this council going to be one that breaks a 50-year
10:41:44 tradition of respecting the Bayshore area as a linear
10:41:48 park and a park-like environment?
10:41:50 >>GWEN MILLER: You need to wrap it up.
10:41:51 Your time is up.
10:41:52 >>> Yes, ma'am.
10:41:55 We would ask for -- what we would ask the council to
10:41:58 do is to pass a resolution urging the mayor's office
10:42:05 to direct public affairs to relocate that generator
10:42:11 where it is, first safeguards the generator better
10:42:15 than it is in a level A flood zone, and second, that
10:42:19 preserves the character, and doesn't denigrate the
10:42:23 character of the city's most important historic
10:42:27 >>GWEN MILLER: Thank you.
10:42:29 Ms. Alvarez.
10:42:30 >>MARY ALVAREZ: Mr. Grau, when this generator was
10:42:33 being placed, was there any indication that anybody
10:42:35 made a complaint at the time?
10:42:38 Or did you all wait until after it was already done?
10:42:42 >>> First of all, it hasn't been installed yet.
10:42:46 The only thing that has come up is the bunker that
10:42:49 will house it.
10:42:50 And to answer your question, you know, there was
10:42:56 construction because of the retrofit to the pump
10:42:58 station, then they sort of moved around, there have
10:43:00 been -- suddenly there were cinder blocks coming out
10:43:06 of the ground.
10:43:07 That's the first we heard it.
10:43:09 >> So there are cinder blocks around, that's it, the
10:43:13 generator is not there yet?
10:43:16 >>JOHN DINGFELDER: It not installed yet.
10:43:17 It will be installed within the next month or so.
10:43:20 >> We are trying to get it before --
10:43:23 >>MARY ALVAREZ: Mr. Daignault, then I have a question
10:43:26 for you.
10:43:28 If the only thing that's been put in there is the
10:43:33 structure to house the bunker, or whatever you want to
10:43:38 call it, I mean, we are getting an estimate of
10:43:48 If you haven't done anything else, why are we talking
10:43:50 about $306,000?
10:43:54 >>> Well, it will cost that much for the extension of
10:43:56 the connecters.
10:43:57 The cables.
10:43:59 What else has been done is the conduit between the
10:44:02 pumping station and that location for the generator
10:44:05 has already been installed and the cables have been
10:44:08 >>MARY ALVAREZ: But we are saying removal of existing
10:44:12 generator enclosure, demolition of the structure,
10:44:16 surface restoration and delivery of the generator to a
10:44:19 new location.
10:44:20 That's only $19,250.
10:44:25 >>> If you put it under the Crosstown or another
10:44:27 location, you can buy longer cables and put conduits
10:44:31 to that location.
10:44:32 >> But if you are talking about putting it behind the
10:44:34 Monte Carlo, which is the -- what you guys are talking
10:44:38 about, southwest corner of Monte Carlo towers
10:44:41 property, don't you have the money for that now?
10:44:46 >>> No, ma'am, that's the $300,000, that was the last
10:44:49 page of that sheet that you had.
10:44:51 >> I know, I have the sheet here.
10:44:52 But you have only spent so far $19,250.
10:44:57 Well, that's going to be the demolition of that park.
10:45:02 >>> I don't think we are on the same wave length.
10:45:04 >> I don't understand either, because we are talking
10:45:06 about the installation.
10:45:07 And it hasn't been installed yet.
10:45:12 >>> The generator has not been placed, correct.
10:45:15 But the cable has been in the box --
10:45:18 >> so the trenching, installation and surface
10:45:21 restoration, $45,000, that's been done?
10:45:24 >>> Again, I think you're looking at the estimate to
10:45:27 do the relocation.
10:45:29 It is not the estimate for the cost of what we have
10:45:32 done so far.
10:45:33 >> Well, what is it?
10:45:34 This is what I am trying to get at.
10:45:36 >>STEVE DAIGNAULT: The whole project is $1.2 million.
10:45:41 It includes upgrading the pumps.
10:45:43 It includes the cable and the conduit that runs from
10:45:47 the pump station to the generator location.
10:45:49 It includes the pad and the box.
10:45:53 >> How much money have you spent so far on this little
10:45:56 piece that's there right now?
10:46:00 >> Like 70 or 80,000.
10:46:02 >>STEVE DAIGNAULT: The box itself is in the $70,000
10:46:05 range to include the pad and the structure.
10:46:08 >> Okay.
10:46:09 So that's it.
10:46:10 So then in order to demolish that, then it's going to
10:46:14 be $19,250 according to this paper here, removal of
10:46:19 existing generator enclosure?
10:46:22 >>> That's the cost to demolish what is there, yes.
10:46:24 >> So we are talking 75 and another 20.
10:46:27 That's $95,000, less than $100,000.
10:46:30 So the rest of the money is still there, right?
10:46:34 >>> Again we are not talking about the same thing.
10:46:36 At the top of this page where you see a summary that
10:46:38 comes down to $287,413, that is the additional cost
10:46:45 over and above what has been spent so far.
10:46:47 To move it to that southwest corner of the Monte
10:46:53 That's additional cost above what's been spent of the
10:46:56 $1.2 million to this point.
10:46:59 >> Which was less than $100,000.
10:47:03 >>> No, ma'am.
10:47:05 It's between 75 and 100,000 associated exclusively
10:47:10 with the generator building, yes.
10:47:13 >>JOHN DINGFELDER: Can I help clarify?
10:47:17 >>> There is additional piping that is north of the
10:47:19 pump station that has all been installed.
10:47:21 We have crossed Bayshore.
10:47:22 We connected to a force main.
10:47:24 We have bought pumps.
10:47:25 The pumps are being installed in the pump station.
10:47:28 Again the conduits and then the electric connecters,
10:47:31 the cables from the pumping station to the generator
10:47:35 site has been installed.
10:47:36 The only thing that has not happened out of the $1.1
10:47:40 million or $1.2 million is the generator being placed
10:47:43 and connected.
10:47:44 That's all that has not happened of the $1.2 million.
10:47:50 >>MARY ALVAREZ: John, would you help me?
10:47:54 >>JOHN DINGFELDER: Yes.
10:47:55 The budget item for this project as Steve mention add
10:47:57 few times is 1.2 million.
10:47:59 They have virtually spent that already, except to put
10:48:01 the generator in.
10:48:02 But that's already probably been paid for and having.
10:48:05 But the 1.2 million including the $75,000 to build
10:48:08 this concrete structure has already been spent.
10:48:11 It was budgeted a year or two ago.
10:48:13 It's been spent.
10:48:15 What the administration is saying is, the additional
10:48:19 $3, 000,000 to put it in any of these other locations,
10:48:26 300 locations depending on what you are talking about
10:48:29 is not budgeted.
10:48:30 It's not budgeted for, the administration has
10:48:33 indicated there's nowhere in the wastewater utility
10:48:37 budget to pull it from, it's not in the budget, and
10:48:40 that's why there's a determination that they don't
10:48:45 feel that's the appropriate way that they would
10:48:47 recommend spending that money.
10:48:49 And I'm not justifying it.
10:48:52 I'm not agreeing it.
10:48:53 I'm just explaining it.
10:48:57 If I can ask Mr. Grau a question.
10:48:59 And I'm not trying to belabor this.
10:49:02 Mr. Grau, one of the locations that I mentioned
10:49:06 earlier is an easement that is actually an easement
10:49:10 from Monte Carlo to the City of Tampa and it runs
10:49:13 behind the Monte Carlo building, a 15-foot wide
10:49:17 easement and it dates back 20, 30 years, whenever the
10:49:19 Monte Carlo building was billed built.
10:49:22 I think that's a viable location from a physical
10:49:27 The easement that exists right now is called a general
10:49:30 utility easement.
10:49:30 I don't know if you have actually seen a copy of it.
10:49:33 But we have reviewed it.
10:49:34 And it appears to us, and our legal department
10:49:38 concurs, that the general utility easement that we
10:49:41 could probably, from a physical perspective, put this
10:49:44 structure back there.
10:49:46 But what I'm wondering about is if we started to build
10:49:48 it behind your building and behind your tennis court,
10:49:51 on your property, that we have an easement to use for
10:49:54 general utility easement, if Monte Carlo is going to
10:49:59 turn around and sue the city and say, no, that was
10:50:02 never the intended purpose for that.
10:50:03 Has that discussion come up with you or your board?
10:50:07 >>> No, John, and obviously I can't speak for 204
10:50:10 residents of Monte Carlo.
10:50:12 But that's something that would have to be discussed
10:50:15 by the residents.
10:50:16 And it hasn't been there.
10:50:18 We have a board meeting Monday.
10:50:21 >> Because even if the city or council wanted to go
10:50:24 down that road, we probably need some assurance you
10:50:27 from you all that we weren't going to spend an
10:50:29 additional couple hundred thousand dollars of city
10:50:32 taxpayers, rent payers money, and then be turned
10:50:35 around and be sued by the people who want to move this
10:50:40 >>> I simply can't respond to that.
10:50:41 >>ROSE FERLITA: Along that same line, Mr. Grau, I
10:50:46 think you brought up some good points about the
10:50:48 different areas, A, B, C.
10:50:50 So if there is money spent to relocate it, I don't
10:50:52 think it's totally cosmetic, because some of our
10:50:55 residents don't want it.
10:50:56 Again, I'm in favor of what we want to do.
10:50:58 But the issue still has not been discussed enough, at
10:51:02 least to my satisfaction, that it's an issue that
10:51:06 needs to be addressed from the standpoint that it's
10:51:08 probably not a good place.
10:51:10 Forget about aesthetics.
10:51:11 It's probably not a good place for the generator in
10:51:14 any way.
10:51:15 So some of those dollars are not going just towards
10:51:17 relocating it because it's -- and it's not just
10:51:20 because it's the people you represent, it's not just
10:51:24 because it's in their front yard.
10:51:25 This is in front of all those condos, that are on the
10:51:29 Bayshore, that it's not just somebody in a
10:51:34 neighborhood not doing something in a neighborhood
10:51:36 with those other dollars.
10:51:37 It's the fact that's the jewels, that's the gem we
10:51:40 call Bayshore, so it couldn't doesn't just effect the
10:51:43 people that are close by.
10:51:45 John, I know that we keep bouncing back, because
10:51:47 struggling to find something better, because this is
10:51:51 But I don't know where that easement is.
10:51:54 Behind the Monday at the Carl O. but if there's an
10:51:56 easement behind Monte Carlo, now, let's not just give
10:52:02 the problem to somebody else.
10:52:03 If it's behind it, and it comes through that circular
10:52:06 area that it would be mason, not Stovall, right?
10:52:13 >>> Grovewood is the circle.
10:52:14 >> So wherever that's going to be located, will that
10:52:17 impair any kind of view for those residents?
10:52:20 We need to,a, think about a better place to put it,
10:52:23 and, B, in resolving this problem we don't want to
10:52:27 create another problem.
10:52:27 This needs to have of more -- much more dialogue than
10:52:31 we have had.
10:52:31 John, that's why I don't want to offend you, but I
10:52:35 wouldn't support your motion to wait a year and see
10:52:37 how much the landscaping helps, because that is just
10:52:39 simply giving the administration a year to worry about
10:52:41 it and then they'll come back and talk about it again.
10:52:44 I am not going to support it.
10:52:45 Not because I don't think it's a viable solution.
10:52:48 I just think that we need to do something stronger,
10:52:51 like the resolution that you suggested to strongly
10:52:53 encourage the administration to do something else,
10:52:56 that they should have done anyway.
10:52:59 >>> To your two questions.
10:53:00 One is that I think is an issue with residents.
10:53:06 John, I think you actually went out and looked at it.
10:53:09 That easement, 7 feet from the next condominium
10:53:14 development back there, I think.
10:53:18 >>JOHN DINGFELDER: From the side of the other condo.
10:53:20 Not the front yard with you but in their side yard.
10:53:24 >>> Within seven feet of their structure.
10:53:25 I think it's the same kind of thing again.
10:53:29 Then your first question about investment.
10:53:31 Or about cost.
10:53:33 I would suggest it's an investment.
10:53:35 It's an investment in beautifying Bayshore.
10:53:40 That's what it takes, is a first investment to
10:53:43 beautifying Bayshore.
10:53:45 It's probably a good investment, because it would
10:53:49 better safeguard that generator, and the investment we
10:53:52 are making in the generator.
10:53:54 Then the third thing is it's an investment against
10:53:57 flooding and sewage backup, because keep that
10:53:59 generator going there, and then you have the expenses
10:54:04 associated with that.
10:54:05 The whole region, the reason the retrofitted station
10:54:09 was started to alleviate that problem.
10:54:11 This is an investment against those three things.
10:54:12 >>GWEN MILLER: Thank you.
10:54:21 >>> Janelle Hanson, 101 S. 12th Street, from the
10:54:25 Channel District.
10:54:26 We are here as you heard Bernice Ross and Helen Cheney
10:54:32 They spoke about the bigger community, not just the
10:54:35 Monte Carlo.
10:54:36 You heard us in the Channel District say the same
10:54:39 Because you're building the community there.
10:54:41 Listen to the few people that had the opportunity to
10:54:44 show us in the time today, because they do represent a
10:54:47 larger group.
10:54:48 They did reach out to other communities. The other
10:54:52 communities do support them.
10:54:53 And thank you very much, councilman Ferlita, for very
10:54:56 clearly stating, which all of you have told me when
10:54:59 you worked with me on things, the question, did the
10:55:01 people have the opportunity to weigh in?
10:55:04 Was the question honestly asked to the community so
10:55:07 they could all weigh in?
10:55:09 That is something we suffer horribly from in the
10:55:12 Channel District.
10:55:13 And that is the one thing that unites every single
10:55:16 person in this community.
10:55:18 What we suffer here, pardon my pun but it literally is
10:55:24 boiled frog syndrome.
10:55:25 When you throw a frog into boiling water it will jump
10:55:27 out and scream.
10:55:28 It will survive.
10:55:29 But if you wait a year to see if the grass grows tall
10:55:35 enough and the trees are pretty you slowly turn up the
10:55:37 heat on the frogs in the water and they slowly die in
10:55:40 the water.
10:55:40 So a year from now, it may not look great.
10:55:43 But how many people are really going to show up,
10:55:45 because they are burnt out, they are tired, and so
10:55:48 many other issues have come up, where is the argument?
10:55:51 You could have done it right the first time.
10:55:53 Address it head on such as being brought to the table
10:55:58 Do address it head on.
10:55:59 Support the community and encourage all the
10:56:01 neighborhoods to support each other and help address
10:56:03 the communities in addressing this present issue,
10:56:07 involvement of letting the neighborhood completely
10:56:10 Because sometimes going through the systems that are
10:56:12 set up now do not work.
10:56:14 We know they are dysfunctional.
10:56:15 And work with all of us because we do support not only
10:56:18 the people in Monday at the Carl oh, but we support
10:56:20 Bayshore and those of us at Channelside walk over, we
10:56:24 walk down those streets with our dogs.
10:56:26 So thank you for listening to the few that were able
10:56:28 to show up and realize they represent a massive amount
10:56:31 of people.
10:56:32 And again, please take action now.
10:56:34 Don't make it a slow, painful issue.
10:56:37 >>GWEN MILLER: Thank you.
10:56:38 Would anyone else like to speak?
10:56:41 You can't speak again.
10:56:42 You can only speak once, sir.
10:56:43 You had your turn.
10:56:44 You can't speak twice.
10:56:45 Would anyone else like to speak?
10:56:55 >>> Steve Brennan, South Dakota Avenue, alive long
10:57:01 resident of Tampa.
10:57:04 I know we have some parking issues down there.
10:57:06 And a lot about the infrastructure that hasn't changed
10:57:09 in South Tampa over my lifetime.
10:57:10 And we have had a lot of condos come in there.
10:57:14 And one and a half cars per unit to park, and those
10:57:20 people are expected to overflow onto the street, they
10:57:25 bring friends of the residents over there and they
10:57:27 also flow into the street.
10:57:28 Also the infrastructure of the sewer, and a lot of
10:57:34 issues like that have not been changed in South Tampa
10:57:36 for a long time.
10:57:37 I wish you would look at addressing some of the issues
10:57:40 like that and especially the parking issue.
10:57:42 The South Howard issue, we have a lot of businesses
10:57:45 down there.
10:57:46 And they bring in their business, and they overflow
10:57:53 into the neighborhood which didn't have enough parking
10:57:54 to begin with.
10:57:55 So I wish when we build these condos that we would
10:57:59 like a little more into the parking issue.
10:58:06 >>JOHN DINGFELDER: Thanks for coming down.
10:58:07 I believe it's captain, isn't it, of Tampa fire and
10:58:11 Steve, I know you bring an interesting perspective.
10:58:13 I know you are here as a citizen and not as TFR.
10:58:18 But as a fair captain you probably endocrinology when
10:58:21 you see how tight some of that two sided parking is on
10:58:25 some of those streets, thinking about getting a fire
10:58:28 truck through there they're.
10:58:29 >> We have been down a block north of your street, we
10:58:31 have had an issue before in the past where there has
10:58:33 been a house on fire, we have been unable to bring a
10:58:36 truck down there because of parking on both sides of
10:58:38 the street.
10:58:39 I don't know what the answer is.
10:58:40 But I know they are tearing down single family
10:58:42 residences, using the building.
10:58:44 In my lifetime they built this Monte Carlo tower that
10:58:47 we are addressing the sewer issue now.
10:58:50 And just because we built a tower on the place where
10:58:53 there was a single family residence 30, 40 years ago
10:58:56 and we haven't addressed the infrastructure issues yet
10:58:59 down there.
10:58:59 So anyhow, I wish you would consider that when these
10:59:02 condos come available, and they are talking about
10:59:05 parking, and what they are going to do with the sewer.
10:59:08 You know, the South Tampa area is a jewel.
10:59:11 And that's why we moved down there, because it's a
10:59:13 great little community.
10:59:15 Unfortunately, we are losing the face of the South
10:59:16 Tampa, because we are bringing a lot of condos.
10:59:19 A lot of people want to live there because of the way
10:59:22 the area is.
10:59:22 And I don't blame them.
10:59:24 But also we have to think about our infrastructure,
10:59:28 Thank you.
10:59:29 >>GWEN MILLER: Mr. Dingfelder, do you want the floor
10:59:32 >>JOHN DINGFELDER: I'm not sure.
10:59:36 >>GWEN MILLER: Do you want to speak?
10:59:38 If anyone else is going to speak, will you please come
10:59:40 up and line up so we can come through?
10:59:43 >>> My name is Al Picard, an architect, born and
10:59:46 raised in Tampa.
10:59:47 Since I was a little kid, the Bayshore was always
10:59:51 "the" spot.
10:59:52 Any picture you look at, any magazine, any
10:59:55 promotional, it has a picture of the Bayshore.
10:59:58 I don't know if we are trying to be politically
11:00:01 correct in this situation.
11:00:03 But we screwed up.
11:00:07 Let's face it.
11:00:09 This structure does not belong there.
11:00:11 For many, many reasons.
11:00:14 Starting with the first one.
11:00:16 You're right next to the water.
11:00:18 The water rises.
11:00:19 It goes.
11:00:20 It's done.
11:00:21 You're going to have a lot of undesirable situations
11:00:27 that's going to affect not just the Monte Carlo, it's
11:00:31 going to affect areas all over the Bayshore.
11:00:35 It will be a disaster.
11:00:37 And the same thing happened a few years ago.
11:00:41 The generators for Tampa General Hospital were in the
11:00:46 Does that make sense?
11:00:48 At least we can learn from that.
11:00:50 Don't make the same mistake here.
11:00:51 We made a mistake.
11:00:53 Admit it.
11:00:54 Let's face it.
11:00:55 Let's not be politically correct here.
11:00:57 It's a mistake.
11:00:59 $3, 000,000 more on a project this size is absolutely
11:01:03 minimal cost for saving the cost of fines and lawsuits
11:01:11 that you are going to have down the road, and you will
11:01:13 have them.
11:01:14 So to avoid all that, do the right thing.
11:01:16 Keep Bayshore Beautiful.
11:01:17 We are trying to do the thing with the speed.
11:01:19 We are trying to do walk area.
11:01:21 It's a beautiful place.
11:01:22 Don't stick an eyesore there.
11:01:24 The next one -- if this passes, I guarantee you that
11:01:28 there will be another station down the road on
11:01:31 Bayshore, and possibly a third one because there's too
11:01:34 many condos over there.
11:01:36 So now the people that are coming, they are paying a
11:01:40 tremendous fee.
11:01:40 They are paying tremendous taxes.
11:01:42 And for you to turn around and do something like this
11:01:46 along the Bayshore, not necessarily for the people,
11:01:48 because now we want to assess them to do this, that
11:01:53 isn't right.
11:01:53 I don't care what neighborhood you live in.
11:01:55 That is not right.
11:01:56 A mistake was made.
11:01:58 And I think you people here today can correct that.
11:02:02 Don't wait a year.
11:02:03 Don't wait six months.
11:02:04 You can put as many trees around this thing.
11:02:07 You can build a jungle over it and it's still an
11:02:11 That's all I have to say.
11:02:14 [ Applause ]
11:02:15 >>GWEN MILLER: Mr. Dingfelder?
11:02:16 >>JOHN DINGFELDER: Thank you, Madam Chair.
11:02:18 I think that last comment really wrapped up all the
11:02:22 comments that we heard from our community.
11:02:25 And, you know, I think it is important for everybody,
11:02:31 whether or not it's an individual or an organization
11:02:34 or a city, to on occasion admit we made a mistake.
11:02:39 I can assure you this council wasn't involved in that
11:02:41 decision up front.
11:02:42 But, you know, everybody makes a mistake.
11:02:45 And I think in this particular situation, the city
11:02:49 made a mistake in deciding to put it there.
11:02:51 The city made a mistake in not consulting with the
11:02:54 residents of the Bayshore, or with the community at
11:03:00 Or us.
11:03:02 I think there's a reasonable opportunity to relocate
11:03:06 this back on the easement behind Monte Carlo, or
11:03:09 somewhere else, in a neighborhood of 300 to $500,000.
11:03:13 I wish we didn't have to spend that money.
11:03:15 But by my calculations, $350,000, that's a dollar per
11:03:20 person for every resident in the city.
11:03:22 And this really does impact every resident of the city
11:03:26 because in some point in time every resident of the
11:03:28 city drives up and down the Bayshore when you have a
11:03:30 guest come to visit, and where do you drive them?
11:03:32 Drive them up and down the Bayshore and show them the
11:03:35 most beautiful spot in the city.
11:03:36 A dollar a person for one year, ten cents a month, for
11:03:41 one year, I think that's reasonable.
11:03:44 You know, Mr. Harrison indicated really it's a matter
11:03:49 of budget, and budget is what we do on this council.
11:03:53 So I think we have an important decision to make.
11:03:57 Mr. Jim Stefan, our budget director, is in the
11:04:01 I don't know if he's here on this issue.
11:04:03 I kind of doubt it.
11:04:04 But Jim can come back to us in a couple of weeks when
11:04:07 we have our budget hearing and tell us along with Mr.
11:04:10 Daignault and Mr. Metcalf, you know, what would have
11:04:14 to give in the wastewater capital improvement project
11:04:17 budget for next year that we might be able to move
11:04:21 this project in for this year.
11:04:25 And so I think that's going to be my motion.
11:04:27 I'm not going to go totally forward and say we're
11:04:30 going to do it.
11:04:31 But what I would like to do is ask Mr. Stefan to work
11:04:34 with Mr. Daignault and Mr. Metcalf, and come back to
11:04:39 us at our first budget hearing, which is what date?
11:04:44 September 14th at what time?
11:04:47 At 5:01 in the evening.
11:04:50 It's our first budget hearing.
11:04:51 And tell us what our options are in the wastewater
11:04:54 capital improvement budget in regard to this issue.
11:04:59 And really just range it out from 300 to $500,000.
11:05:02 Because we don't know exactly where we can put it.
11:05:11 But if we, this council, change the budget to change
11:05:13 that as a budget item then the administration will
11:05:16 respond appropriately, and do the citizens bidding
11:05:20 which is really what this is all about.
11:05:22 That's my motion.
11:05:24 >>MARY ALVAREZ: I'll second that, John.
11:05:26 Simply because we have heard through residents in that
11:05:31 area loud and clear, and I think that the
11:05:40 administration has or will say that they have made a
11:05:42 mistake, because for one thing, the residences there
11:05:47 were not informed.
11:05:49 I'm really surprised we have gotten so much flack
11:05:58 about this.
11:05:59 And I'm grateful for the people that really care about
11:06:02 our Bayshore, and about our city.
11:06:06 It's not just about the Bayshore but it's about our
11:06:08 And we need to correct this.
11:06:11 And I would go a little further, John, by directing
11:06:16 the administration to find the money.
11:06:22 And immediately, not wait another year, but try to do
11:06:25 it within the next six months or so.
11:06:27 I mean, find the money.
11:06:28 I'm sure there's money somewhere that we can use to do
11:06:33 And, you know, I'm a budget advocate.
11:06:36 But in a case like this, this is an emergency.
11:06:39 I see it as an emergency for not only the people in
11:06:42 the area, but for the City of Tampa and for the
11:06:46 It could be public safety issue, could be public
11:06:50 health, and putting it behind the Monte Carlo, that's
11:06:54 not a good case.
11:06:55 Find a place.
11:06:56 But let's get it away from the Bayshore.
11:07:02 [ Applause ]
11:07:02 And I really think if you do put it behind the Monte
11:07:05 Carlo, if we do have that 20-foot storm surge that
11:07:09 everybody is talking about, maybe the Monte Carlo will
11:07:14 take care of that, it won't hit it or something, you
11:07:17 know. But anyway, if we do have a 20-foot storm surge
11:07:20 it won't matter because we won't be around to see it.
11:07:23 So, anyway, I would make a friendly amendment to that
11:07:28 for seeing that the administration find the money
11:07:32 immediately and do something about this.
11:07:34 We have heard loud and clear that this problem does
11:07:41 >>JOHN DINGFELDER: How about if we tweak that a
11:07:44 little, give them -- approach it both ways, can they
11:07:47 find in the this year's budget?
11:07:49 Tell them to look for it.
11:07:50 If they can find it in this year's budget, or 05-06,
11:07:56 if not, then identify what the project would be in the
11:07:59 06-07 budget.
11:08:00 But if we put it in 06-07, that would be implemented,
11:08:03 the budget year talks about --
11:08:06 >>MARY ALVAREZ: October 1st.
11:08:07 >>JOHN DINGFELDER: Not that far away.
11:08:09 >>MARY ALVAREZ: Exactly right.
11:08:13 We need to move on this.
11:08:14 I want to be here, the 31st, that's my last day
11:08:19 I want to see this issue resolved.
11:08:22 >>GWEN MILLER: I hear what you are saying.
11:08:23 If you don't find this budget, stop what they are
11:08:29 Do you want to move forward or just complete stop?
11:08:33 >>JOHN DINGFELDER: No, they are already stopped.
11:08:35 The only iron you is, are they going to install the
11:08:40 >>GWEN MILLER: Stop them from putting the generator
11:08:42 >>JOHN DINGFELDER: Steve, do you want to speak to the
11:08:45 installing of the generator?
11:08:50 >>STEVE DAIGNAULT: The generator is ordered and when
11:08:52 it arrives we would rather set it there rather than
11:08:55 store it someplace else.
11:08:56 It will be within the next two to four weeks.
11:08:59 >>JOHN DINGFELDER: I think we shouldn't install it
11:09:02 until we have discussion.
11:09:03 Because the consent decree, under the consent decree,
11:09:08 it doesn't have to be installed until December, I
11:09:13 >>STEVE DAIGNAULT: There's not a problem timewise in
11:09:15 that regard.
11:09:15 There will be a cost associated with storing it and
11:09:17 moving it.
11:09:18 That's my only point.
11:09:20 >>GWEN MILLER: You need to put that in your motion.
11:09:23 >>JOHN DINGFELDER: Do you want to add that to the
11:09:26 >>ROSE FERLITA: I want clarification before we go any
11:09:29 Mary, in her frustration, is saying she's leaving in
11:09:34 Well, I'm leaving in November and I want it done
11:09:37 before November.
11:09:38 What trumps anybody we want?
11:09:40 I have been public safety chairman for a long time
11:09:42 now, Steve, umpteen years.
11:09:44 And Mr. PICIO made the best compelling argument.
11:09:49 Is because not even an issue of ethics, and my concern
11:09:55 as a South Tampa resident, but it is a problem in
11:09:58 terms of health, safety and welfare.
11:10:00 I don't think we should drop it there and then make it
11:10:03 more difficult.
11:10:04 I think -- you know, we have some dollars.
11:10:07 And Mr. Stefan, in a crunch like this, can do some
11:10:11 magic and find some dollars.
11:10:13 That needs to be moved now, not about the 05-06
11:10:17 budget, not blood pressure the 06-07 budget.
11:10:19 I'm telling the audience, if this motion goes through
11:10:23 in its current configuration I am not going to support
11:10:26 it, not because I don't want to help get this
11:10:28 resolved, but I want to help it get resolved sooner,
11:10:31 and to heck with the budgetary process.
11:10:34 This is a health and safety welfare.
11:10:37 That's the only way -- that should be done now.
11:10:40 And the fact that it's not here, Steve, fine.
11:10:43 Let's get cooking on what we need to do.
11:10:45 End of story.
11:10:46 >>GWEN MILLER: Mr. Shelby.
11:10:48 >>MARTIN SHELBY: I want to clarify council's role in
11:10:55 the issue, with regard to the upcoming budget,
11:10:58 obviously, that is council's prerogative.
11:11:00 I want to bring to council's attention section 7.07 of
11:11:03 the city charter, with regard to present changes.
11:11:07 It says the City Council, upon the recommendation of
11:11:10 the mayor, shall have the power from time to time
11:11:13 during any fiscal year after adoption of the annual
11:11:17 budget therefore by resolution to reappropriate to any
11:11:20 muss nice pal purpose any funds not needed for
11:11:22 purposes originally intended or to appropriate any
11:11:25 unappropriated cash for muss nice pal purpose.
11:11:29 My question is, I would suggest council do it in the
11:11:32 form two of motions.
11:11:33 One, the first initial motion that was made, I
11:11:35 believe, is an appropriate motion, that was just
11:11:38 coming back for budget.
11:11:40 First budget hearing with regard to next year's budget
11:11:43 if council wishes to ask appropriately for this fiscal
11:11:46 year, it would be a request to the mayor to be able to
11:11:49 look at that pursuant to the city charter
11:11:56 >>GWEN MILLER: Let's hear before you make a motion.
11:12:00 >> David Smith, city attorney.
11:12:01 I was watching the debate upstairs.
11:12:04 And Marty addressed the issue that I was going to
11:12:07 address in part.
11:12:08 And that is I want to make sure I understand, and you
11:12:11 all understand, what you can do and what you can't do.
11:12:14 And obviously, I think you realize, and Mr. Dingfelder
11:12:17 mentioned this, and Ms. Ferlita may have as well, the
11:12:20 role in the budget process is preeminently one of
11:12:26 You can indicate what budget amounts you want, and
11:12:30 what categories, et cetera.
11:12:33 That's certainly within your purview.
11:12:35 One of the things you cannot do, however, is require
11:12:37 that it be spent.
11:12:38 And as you know, you cannot require the administration
11:12:41 does X, Y oh or Z with respect to this facility.
11:12:46 That being said I think there's been a lot of
11:12:49 testimony provided that has been listened to by those
11:12:52 in the administration.
11:12:56 I just want to make sure we are clear about the legal
11:13:00 And I think you all do understand that.
11:13:01 But I want to make sure others don't hold you to
11:13:04 something that's not within your purview.
11:13:08 You're hearing from the citizens.
11:13:09 You're passing those communications onto the
11:13:13 With the recommendation they listen to those concerns,
11:13:16 that they look into the possibility of altering what
11:13:18 they have done, and that they come to you with a
11:13:20 budget that at least allowed for dollars to allow that
11:13:24 to happen.
11:13:26 >>ROSE FERLITA: But Mr. Smith, that was the second
11:13:28 part of my concern before Mr. Shelby.
11:13:31 We all know that we can't tell the administration what
11:13:34 to do.
11:13:35 But we are a big part of the process of the budget.
11:13:38 But I guarantee you that it is not just us asking,
11:13:42 it's the health issue, the safety issue, I don't
11:13:45 think -- now this is just a friendly observation,
11:13:49 let's just say, from a common sensical standpoint.
11:13:53 If the administration has been listening, and I sure
11:13:56 bet they have, I think there are so many reasons from
11:13:59 that side of that podium and this side of that podium
11:14:02 that they should be -- they should come in and be the
11:14:06 saviors and say we understand we can get this done,
11:14:09 whatever way we need to get this done.
11:14:11 If wave to go to budget and what he read and Mr.
11:14:15 Harrison, that's fine.
11:14:16 But ultimately we want as little delay as possible
11:14:18 because this is a crucial part.
11:14:20 And the fact that it's not in yet, it's better yet.
11:14:23 I understand what you're trying to tell us.
11:14:27 >>DAVID SMITH: It will come before you on the 14th
11:14:29 at a minimum.
11:14:30 >> And we look forward to that.
11:14:31 >>MARTIN SHELBY: The other thing I want to bring to
11:14:34 council's attention, it would be inappropriate for
11:14:37 council to direct the public works department with
11:14:39 regard to the installation of the generator.
11:14:42 That is an administrative function.
11:14:44 Council can, as a recommendation, suggest or --
11:14:51 council can do it in the form of a resolution.
11:14:53 But that would be a delegation of an administrative
11:14:56 To make that direction.
11:14:59 >>MARY ALVAREZ: So ask the administration to include
11:15:01 that suggestion.
11:15:03 >>JOHN DINGFELDER: We have had good legal advice.
11:15:05 Let me clarify my motion and Mary, you will need to
11:15:10 see if you agree with my clarification.
11:15:12 My motion is going to be, the first part of my motion
11:15:14 alone, that I would ask the budget department working
11:15:17 with utilities department, to come back to us at our
11:15:19 first budget hearing on September 14th at
11:15:23 5:01 p.m. to tell us what the impact would be on the
11:15:30 wastewater CIP program for 06-07, for, let's say, up
11:15:36 to $500,000 for this particular project.
11:15:41 At that point after we get a report from budget and
11:15:44 wastewater, then we will make a decision during our
11:15:48 budget process. That will be my motion alone.
11:15:53 >>SHAWN HARRISON: Second.
11:15:54 >>GWEN MILLER: Motion and second.
11:15:55 Question on the motion?
11:15:56 (Motion Carried).
11:15:58 >>JOHN DINGFELDER: The second motion is going to be
11:15:59 to, by resolution, that this council would urge the
11:16:03 administration not to install the generator until
11:16:07 after the September 14th hearing.
11:16:09 >>MARY ALVAREZ: Second.
11:16:11 >>GWEN MILLER: Motion and second.
11:16:12 Question on the motion?
11:16:14 (Motion Carried).
11:16:18 >>JOHN DINGFELDER: Then I will leave the other one up
11:16:20 to you, Mary, as regard to last year's budget.
11:16:23 Marty said the best we can do is just ask --
11:16:26 >>MARY ALVAREZ: Let's just leave that one alone.
11:16:28 >>ROSE FERLITA: Ladies and gentlemen, feel free to
11:16:30 join us on the 14th, okay?
11:16:32 >>GWEN MILLER: And we appreciate you coming and
11:16:37 letting us help you out with your problems.
11:16:39 That's why we are here.
11:16:41 When a situation arises you come to council.
11:16:45 Thank you.
11:16:45 We now go to our committee reports.
11:16:48 Public safety.
11:16:49 Ms. Rose Ferlita.
11:16:52 >>ROSE FERLITA: I would like to move resolution number
11:16:55 10 and resolution number 12, please.
11:16:58 >> Second.
11:16:58 (Motion carried).
11:17:03 >>GWEN MILLER: Parks, recreation, Ms. Mary Alvarez.
11:17:06 >>MARY ALVAREZ: I move items 13 some to 16.
11:17:10 >> Second.
11:17:10 (Motion carried).
11:17:12 >>GWEN MILLER: Public works, Mr. John Dingfelder.
11:17:16 >>JOHN DINGFELDER: I'm not sure Mr. Daignault still
11:17:19 wants me as public works chair but I move items 17
11:17:22 through 25.
11:17:24 >> Second.
11:17:24 (Motion carried).
11:17:25 >>CHAIRMAN: Finance, Kevin White.
11:17:28 >>KEVIN WHITE: Move items 26 through 33.
11:17:33 >> Second.
11:17:33 (Motion carried).
11:17:34 >>GWEN MILLER: Building and zoning, Shawn Harrison,
11:17:38 vice chair.
11:17:40 >>SHAWN HARRISON: I move items 34 through 53.
11:17:51 >>JOHN DINGFELDER: Question.
11:17:52 A quick comment and I think a pat on the back to Mr.
11:17:56 Harrison in regard to items 51, 52 and 53, by -- which
11:18:01 appear to me to be the beginning of the faith based
11:18:05 So the only thing I wanted to mention was item 41 is
11:18:10 purchase of right-of-way at the corner of Kennedy and
11:18:12 Dale Mabry.
11:18:13 We are going to improve that intersection.
11:18:17 >>GWEN MILLER: We have a motion and second.
11:18:18 (Motion carried).
11:18:19 >>GWEN MILLER: Transportation, Mr. Shawn Harrison.
11:18:23 >>MARY ALVAREZ: Before we go, did we approve the
11:18:25 >>JOHN DINGFELDER: Yes, we did.
11:18:27 >>MARY ALVAREZ: I didn't remember.
11:18:29 Did we do that, clerk?
11:18:31 >>GWEN MILLER: Mr. Harrison?
11:18:32 >>SHAWN HARRISON: I move items 54 through 60.
11:18:36 >> Second.
11:18:36 (Motion carried).
11:18:37 >>SHAWN HARRISON: I move the new business items, 61
11:18:43 through 68.
11:18:52 >> Second.
11:18:52 (Motion carried).
11:18:53 >>GWEN MILLER: Before we go to our public hearings, I
11:18:56 am going to move to item 82, 85 and 86.
11:19:14 >>SAL TERRITO: Here on 82, streetcar assessment.
11:19:17 You will have to take the action, or any motion you
11:19:22 are going to be taking during the public hearing.
11:19:24 >>GWEN MILLER: Okay.
11:19:25 We have to open the public hearing.
11:19:27 >>MARY ALVAREZ: Move to open.
11:19:28 >> Second.
11:19:28 (Motion carried).
11:19:29 >>MARTIN SHELBY: Swear in the witnesses for these
11:19:35 items, 82, 85 and 86.
11:19:39 >>GWEN MILLER: anyone in the public to speak on 82, 85
11:19:42 and 86, please stand and raise your right hand.
11:19:48 (Oath administered by Clerk).
11:20:05 >>MARTIN SHELBY: I understand there's no
11:20:07 communications to be received and filed for today, is
11:20:08 that correct?
11:20:10 Why don't we cover it all then?
11:20:13 At this time, all written communications relative to
11:20:15 today's hearings which have been available for public
11:20:17 inspection at the council's office please be received
11:20:19 and filed at this time.
11:20:23 >>THE CLERK: One item on 84.
11:20:26 >> So moved.
11:20:26 >> Second.
11:20:26 (Motion carried).
11:20:27 >>MARTIN SHELBY: A quick reminder regarding ex parte
11:20:31 communications, council please disclose them prior to
11:20:33 taking action.
11:20:34 Finally when you state your name please reaffirm for
11:20:36 the record you have been sworn.
11:20:38 There's a little sign to remind you.
11:20:39 Thank you.
11:20:43 >>SAL TERRITO: Number 82, I would ask you to receive
11:20:46 the affidavit that this was filed properly.
11:20:48 >>MARY ALVAREZ: So moved.
11:20:50 >> Second.
11:20:50 (Motion Carried).
11:20:56 >>> And Mr. Mechanik will be giving a brief
11:20:57 presentation on this item.
11:21:03 >>DAVID MECHANIK: Good morning.
11:21:05 David Mechanik, 305 south Boulevard.
11:21:07 I'm here as the president of the Tampa historic
11:21:10 streetcar board.
11:21:12 We are the entity created by the City of Tampa and
11:21:16 Hartline to manage the operations of the streetcar.
11:21:24 Every year we come before council seeking renewal of
11:21:26 the special assessment for the streetcar.
11:21:33 As now the special assessment partially funds the
11:21:35 operations of the streetcar every year.
11:21:39 And I'm sure you know, we began operations in 2002.
11:21:47 And the assessment that we are proposing or asking
11:21:51 City Council to consider is the same rate that it has
11:21:55 been since the beginning of the assessment, which is
11:21:59 33 cents per thousand of assessed value, as determined
11:22:04 by the property appraisal.
11:22:08 So there's in a change in the rate or the methodology
11:22:12 on which the assessment is based.
11:22:16 There are a total of 2184 properties within the
11:22:19 assessment district of those 589 are exempt as either
11:22:25 homestead or government-owned property.
11:22:30 We project that the assessment amount for 2006 will be
11:22:38 And the good news there is due to growth in the area
11:22:41 and increased property values, that's an increase of
11:22:46 over $150,000 over what we collected last year.
11:22:50 So that's very good news for the streetcar.
11:22:56 As indicated by Mr. Territo, we did advertise the
11:22:59 public hearing and the affidavit was filed with the
11:23:03 In addition, we had a number of community and
11:23:06 neighborhood meetings to brief various interested
11:23:11 groups about the assessment.
11:23:13 We presented to the downtown property managers group,
11:23:16 the downtown partnership, the Channel District
11:23:19 council, and Ybor City Development Corporation.
11:23:24 In addition, we did a -- we advertised for a meeting
11:23:27 to the general public, and no one appeared, but we did
11:23:34 hold the meeting in case anyone had any question.
11:23:36 >>GWEN MILLER: Threw a party and nobody showed up.
11:23:41 >>> Right, except we had a big crowd in New Tampa,
11:23:43 people who are concerned.
11:23:48 Some new information.
11:23:51 Hartline just let a contract to study the cost and the
11:23:57 impacts of extending the streetcar from its existing
11:24:00 terminus at southern transportation plaza up to
11:24:04 Whiting Street.
11:24:05 And that study should be complete within six months.
11:24:08 And we will then have definitive construction cost
11:24:11 estimates as well as operating cost estimates.
11:24:15 So we'll is have a much better idea at that point
11:24:19 whether it will be feasible to extend is the T
11:24:20 streetcar up to Whiting Street.
11:24:22 We are very hopeful that will have a positive outcome.
11:24:25 >>JOHN DINGFELDER: Mr. Mechanik, that issue has been
11:24:29 very controversial around town.
11:24:31 And I think it's worthy of a little bit of discussion.
11:24:35 I don't serve on the trolley board.
11:24:37 I serve on Hartline board.
11:24:39 But do trolley board members, do they feel strongly
11:24:43 that we should be at least exploring this option, and
11:24:47 why should we even be exploring it?
11:24:51 >>> The option to extend the streetcar to Whiting
11:24:53 Well, from the inception of the streetcar, both the
11:24:58 design of the streetcar as well as the structure of
11:25:02 the special assessment contemplated the possibility of
11:25:05 the extension occurring to Whiting Street to better
11:25:09 serve the business core of downtown, because the whole
11:25:14 of the CBD as part of the assessment district.
11:25:17 So the idea behind it was to enhance the benefit to
11:25:21 those property owners.
11:25:22 And in the interim, Hartline has been with city
11:25:27 support, by the way, has been providing the rubber
11:25:29 tire connection, the rubber tire trolley connection to
11:25:32 the streetcar facility today, but ultimately the plan
11:25:37 has been, as long as we can do it -- as long as it can
11:25:41 be done financially feasibly, then all the plans were
11:25:46 to extend the streetcar.
11:25:49 >>GWEN MILLER: Any questions from council members?
11:25:51 Is there anyone in the public that wants to speak on
11:25:53 number 82?
11:25:56 Number 82?
11:25:57 >>> Janelle Hansen, 101 South 12th street.
11:26:14 I have been sworn in.
11:26:14 I was told when you're homesteaded, you are going to
11:26:17 be assessed.
11:26:23 I pay for the streetcar, will get the money back.
11:26:25 Mary Alvarez, you offered to assist in that which it
11:26:27 looks like you might need to step in for.
11:26:32 There are other people in the same condition.
11:26:34 Now this is a concern.
11:26:35 We are residents.
11:26:36 And right now we are now the highest tax bracket in
11:26:40 all of Hillsborough County so you are talking about
11:26:42 beautiful Bayshore, the beautiful homes.
11:26:48 You all walk the street for CRA things.
11:26:51 We don't have sidewalks.
11:26:52 Where people are about to move into the other
11:26:54 buildings and we want the community and we want people
11:26:56 who put deposits on homes to make it a neighborhood,
11:27:00 you are about to tax the neighborhood out of this
11:27:02 Now there are other ways when it comes to finding
11:27:05 money for the streetcar, yes.
11:27:07 And one thing I do want to show you, and I was
11:27:10 reviewing this also just the other evening with Mr.
11:27:13 This has to do with the Channel District strategic
11:27:15 action plan study.
11:27:22 With everything they are proposing, it needs
11:27:29 When you look at the projected TIF, they projected the
11:27:33 TIF for this year -- we came in at 1-300.
11:27:37 We are doubling right now off the bat.
11:27:44 So if our neighborhood in the Channel District needs
11:27:46 to abscessed, you can get from the our TIF money.
11:27:50 They are saying they are going to work it into the
11:27:51 bonus structure of the buildings also.
11:27:53 So there are other venues, instead of adding that on.
11:27:56 Because as one of the new residents, we want a -- we
11:28:05 are trying to get into the neighborhood.
11:28:06 And the professional assessments are choking us.
11:28:09 It is a discussion constantly.
11:28:11 Even though it's the same.
11:28:12 It is a painful, painful thing.
11:28:14 So please, do not let this go through for us.
11:28:19 They are in the Channel District.
11:28:19 But find other venues.
11:28:21 There is money there for that.
11:28:23 Thank you.
11:28:25 >>MARY ALVAREZ: Ms. Hanson, this is not for
11:28:28 homesteaded property, the commercial properties.
11:28:30 >>> Correct.
11:28:33 And for some reason, even though I was homesteaded
11:28:35 last year, I did get taxed on it.
11:28:38 And for people that come in.
11:28:40 So there are things, I'm letting you know, everything
11:28:44 that is said doesn't hit all the tax people and also
11:28:47 for the businesses, commercial, if you want small
11:28:50 businesses to start, too, in such a new area, you may
11:28:55 want to consider other venues when it comes to the
11:28:58 Channel District.
11:28:58 >>MARY ALVAREZ: We understand that, Ms. Hanson.
11:29:01 But if you have been assessed, you have been assessed
11:29:05 >>> Correct.
11:29:06 >> Because you are homesteaded.
11:29:08 Then you need to talk to the property appraiser.
11:29:12 >>> Which we are.
11:29:12 But they tell me bigger picture of the gnaw people we
11:29:15 want to bring into the neighborhood so we don't have
11:29:17 dormant places such as one Bayshore is open for retail
11:29:21 at the bottom.
11:29:22 Let's look at other venues, because we are a CRA, to
11:29:25 look at getting money from those areas.
11:29:27 >> And I'm sure we'll look at all those options.
11:29:29 But in the meantime, go talk to the property tax --
11:29:33 >>> Which is what we are right now.
11:29:34 >> Very good.
11:29:35 Thank you very much.
11:29:36 >>GWEN MILLER: Would anyone else lick to speak?
11:29:38 We need to move the resolution.
11:29:40 >>MARY ALVAREZ: Move the resolution.
11:29:42 >> Second.
11:29:42 (Motion carried)
11:29:45 >> I am not going to support the resolution.
11:29:47 I do not disagree with the concept of the assessment.
11:29:51 And I have argued this I think almost every year that
11:29:53 I have been here.
11:29:54 I think the assessment area is too big.
11:29:56 And I think that what we should do is shrink the
11:30:00 assessment area that adjust it is assessment so
11:30:04 there's no net loss to the streetcar.
11:30:06 I just think that there are a lot of people paying
11:30:09 into this assessment that get absolutely no benefit
11:30:12 from it whatsoever.
11:30:13 >>GWEN MILLER: All in favor of the motion say Aye.
11:30:16 Opposed, Nay.
11:30:16 >>THE CLERK: Harrison no.
11:30:20 >>MARTIN SHELBY: Motion to close, please.
11:30:22 >>GWEN MILLER: I have a motion and second to close.
11:30:24 (Motion carried).
11:30:25 >>JOHN DINGFELDER: I just realized, I was not sworn
11:30:35 I absolutely told the truth.
11:30:36 Thank you.
11:30:37 >>GWEN MILLER: Okay.
11:30:38 Item 85 and 86.
11:30:48 >> Move to open 85.
11:30:50 >> Second.
11:30:56 Anyone in the public that's going to speak on 85 and
11:30:59 86, please stand and raise your right hand.
11:31:09 >>SHAWN HARRISON: Move to close 85 and 86.
11:31:13 >>MARTIN SHELBY: Is there anyone that wants to speak?
11:31:15 >>GWEN MILLER: Anyone that wants to close on 85 and 86
11:31:18 please come up.
11:31:19 >> Move to close.
11:31:21 >>MARTIN SHELBY: you can't close.
11:31:22 My suggestion is you move the assessment.
11:31:26 >>MARY ALVAREZ: Move the assessment.
11:31:30 >> Second.
11:31:30 >>MARTIN SHELBY: Was that motion on both 85 and 86?
11:31:34 >> Yes.
11:31:35 >> Mow motion to close.
11:31:37 >> Move to close 85 and 86.
11:31:40 (Motion Carried).
11:31:40 >>STEVE MICHELINI: I request that you open item 84 and
11:31:47 request that be continued for one month.
11:31:51 >> Move to open 84.
11:31:52 >> Motion and second to open 84.
11:31:57 (Motion carried).
11:31:58 One month would be what?
11:32:00 >>STEVE MICHELINI: A less crowded agenda.
11:32:06 >>MARY ALVAREZ: Have you been sworn?
11:32:08 >>STEVE MICHELINI: I have been sworn.
11:32:12 >>THE CLERK: September 7th at 9:30 you have 8 map
11:32:16 amendments to the Tampa comp plan.
11:32:18 You have two text amendments.
11:32:20 You have one closure public hearing.
11:32:24 Brownfield designation.
11:32:25 VRB decision.
11:32:28 You also have representatives from the county
11:32:30 expressway authority come in to discuss --
11:32:34 >>MARY ALVAREZ: How about the 14th?
11:32:37 >>> You ever appeal hearing on decision of the zoning
11:32:39 administrator and closure public hearing at 10 a.m.
11:32:43 And I believe you just set one other public hearing
11:32:51 for that date.
11:32:53 On the 21st, you have presentation commendation,
11:32:58 police Officer of the Month.
11:32:59 You have a legal department about the disparity study.
11:33:02 Two wet zonings.
11:33:03 And a sidewalk cafe.
11:33:08 On the 28th as of right now, three closures of
11:33:13 public hearings.
11:33:16 >>STEVE MICHELINI: The 28th is fine.
11:33:19 >> Let's get a motion then.
11:33:20 >>GWEN MILLER: October 28th at 10 a.m.?
11:33:23 >>THE CLERK: September 28th.
11:33:26 >>GWEN MILLER: At 10 a.m.
11:33:27 >>MARTIN SHELBY: Do you want to ask if there's anyone
11:33:30 wishing to speak?
11:33:31 >>GWEN MILLER: Is there anyone that came to speak on
11:33:34 item number 84?
11:33:42 You can speak on the continuance, whether you oppose
11:33:45 the continuance.
11:33:47 >>> Yes, ma'am.
11:33:48 I have not been sworn.
11:33:48 >>GWEN MILLER: You don't have to for that.
11:33:50 >>> Okay.
11:33:51 I am the president of the neighborhood association
11:33:55 encompassed in this group and I object to the proposal
11:33:59 I sat here all morning waiting to discuss it.
11:34:02 And so I have an objection.
11:34:06 >>GWEN MILLER: To continuing it.
11:34:08 Thank you.
11:34:09 Does anyone else want to speak?
11:34:11 We have a motion and second to continue item 84 to
11:34:14 September 28th at 10 a.m.
11:34:16 All in favor of the motion say Aye.
11:34:18 Opposed, Nay.
11:34:19 Thank you.
11:34:20 (Motion carried) we go to our public hearings for
11:34:22 second reading.
11:34:23 Anyone in the public --
11:34:24 >>MARTIN SHELBY: I'm sorry.
11:34:25 I wanted the that gentleman to understand what's
11:34:28 Sir, the gentleman that spoke?
11:34:29 Sir, that item has been continued to September
11:34:31 28th at 10 a.m
11:34:35 69 is there anyone in the public that wants to speak
11:34:38 on items 69 through 80?
11:34:40 Would you please stand and raise your right hand?
11:34:44 If you want to speak on 69 through 80, please stand
11:34:51 and raise your right hand.
11:34:53 (Oath administered by Clerk).
11:34:54 >>GWEN MILLER: We need to open the public hearing.
11:34:58 >>MARY ALVAREZ: So moved 69 through 80.
11:35:01 Is there anyone in the public that wants to speak on
11:35:05 >> Move to close.
11:35:05 >> Second.
11:35:06 (Motion carried).
11:35:06 >>KEVIN WHITE: Move the following ordinance upon
11:35:11 second reading, move an ordinance approving an
11:35:14 historic preservation property tax exemption
11:35:16 application relative to the restoration, renovation,
11:35:19 or rehabilitation of certain property owned by Florida
11:35:22 department of transportation located at 1720 east
11:35:24 15th Avenue, Tampa, Florida, in the Ybor City
11:35:28 historic district based upon certain findings,
11:35:30 providing for notice to the property appraiser of
11:35:33 Hillsborough County, providing for severability,
11:35:34 providing for repeal of all ordinances in conflict,
11:35:37 providing an effective date.
11:35:37 >>GWEN MILLER: Motion and second.
11:35:40 Voice roll call.
11:35:45 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:35:48 and Ferlita being absent.
11:35:49 >>GWEN MILLER: Is there anyone in the public that
11:35:52 wants to speak on item 70?
11:35:54 >> Move to close.
11:35:55 >> Second.
11:35:55 (Motion carried).
11:35:55 >>KEVIN WHITE: Move to adopt the following ordinance
11:35:59 upon second reading.
11:36:00 Move an ordinance approving special use permit S-1 on
11:36:03 appeal from decision of the zoning administrator,
11:36:05 approving single-family attached residential
11:36:08 development town homes located at 2602 west DeLeon
11:36:11 street in a CI commercial intensive zoning district in
11:36:13 the city of Tampa, Florida and more particularly
11:36:15 described in section 1 waiving the required access to
11:36:18 arterial or collector street, providing an effective
11:36:20 >> I have a motion and second.
11:36:22 Voice roll call.
11:36:28 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:36:30 and Ferlita being absent.
11:36:32 >>GWEN MILLER: Is this anyone in the public that wants
11:36:34 to speak on item 71?
11:36:36 >> Move to close.
11:36:37 >> Second.
11:36:38 (Motion carried).
11:36:38 >>MARY ALVAREZ: Move the following ordinance on second
11:36:45 reading, an ordinance rezoning property in the general
11:36:47 vicinity of 1309 west Wilder Avenue in the city of
11:36:50 Tampa, Florida and more particularly described in
11:36:52 section 1 from zoning district classifications RS-60
11:36:55 residential single family to RS-50 residential single
11:36:59 family providing an effective date.
11:36:59 >>CHAIRMAN: Motion and second.
11:37:02 Voice roll call vote.
11:37:05 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:37:07 and Ferlita being absent.
11:37:08 >>GWEN MILLER: Anyone in the public that wants to
11:37:10 speak on item 72?
11:37:12 >>MARY ALVAREZ: Move to close.
11:37:13 >> Second.
11:37:14 (Motion carried).
11:37:14 >>MARY ALVAREZ: Move an ordinance -- move to adopt the
11:37:19 following ordinance upon second reading, an ordinance
11:37:21 rezoning property in the general vicinity of 6303
11:37:25 north Rome Avenue, in the city of Tampa, Florida, and
11:37:27 more particularly described in section 1 from zoning
11:37:29 district classifications RS-50 residential
11:37:32 single-family to PD, planned development,
11:37:34 single-family, providing an effective date.
11:37:35 >>GWEN MILLER: Motion and second.
11:37:37 Voice roll call.
11:37:38 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:37:44 and Ferlita being absent.
11:37:46 >>GWEN MILLER: Would anyone in the public want to
11:37:48 speak on item 723rd?
11:37:50 >> Move to close.
11:37:50 >> Second.
11:37:51 (Motion carried).
11:37:51 >>SHAWN HARRISON: Move to adopt the following
11:37:54 ordinance upon second reading, an ordinance rezoning
11:37:57 property in the general vicinity of 9402 and 9405
11:38:01 north 15th street in the city of Tampa, Florida
11:38:03 and more particularly described in section 1 from
11:38:05 zoning district classifications RS-50 residential
11:38:08 single family to PD, planned development single family
11:38:11 semi detached, providing an effective date.
11:38:12 >>GWEN MILLER: Motion and second.
11:38:14 Voice roll call.
11:38:20 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:38:22 and Ferlita being absent.
11:38:23 >>GWEN MILLER: Is there anyone in the public that
11:38:25 wants to speak on item 74?
11:38:27 >> Move to close.
11:38:28 >> Second.
11:38:28 (Motion carried).
11:38:29 >>SHAWN HARRISON: Move to adopt the following
11:38:32 ordinance upon second reading, an ordinance rezoning
11:38:35 property in the general vicinity of 213 west Cayuga
11:38:39 street in the city of Tampa, Florida more particularly
11:38:41 described in section 1 from zoning district
11:38:43 classifications RS-50 residential single-family to PD,
11:38:47 planned development single-family detached
11:38:49 residential, providing an effective date.
11:38:50 >> I have a motion and second.
11:38:51 Voice roll call.
11:38:52 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:39:01 being absent.
11:39:02 >> Is there anyone in the public that wants to speak
11:39:04 on 75?
11:39:06 >> Move to close.
11:39:07 >> Second.
11:39:07 (Motion carried).
11:39:07 >>JOHN DINGFELDER: I would like to move the following
11:39:11 ordinance upon second reading, an ordinance rezoning
11:39:14 property in the general vicinity of 17 on the west
11:39:17 Kirby street in the city of Tampa, Florida more
11:39:19 described in section 1 from RS-50 residential single
11:39:24 family topped planned development single family
11:39:26 detached residential, providing an effective date.
11:39:27 >>GWEN MILLER: I have a motion and second.
11:39:29 Voice roll call.
11:39:34 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:39:39 being absent.
11:39:39 >>GWEN MILLER: Is there anyone in the public that
11:39:43 wants to speak on item 76?
11:39:45 >> Move to close.
11:39:46 >> Second.
11:39:46 (Motion carried).
11:39:46 >>KEVIN WHITE: Move the following ordinance upon
11:39:50 second reading.
11:39:51 Move an ordinance rezoning property in the Jesse
11:39:54 vicinity of 35053507 South MacDill Avenue in the city
11:40:02 of Tampa, Florida and more particularly described in
11:40:04 section 1 from zoning district classifications RS-60
11:40:08 residential single family to PD planned development
11:40:11 single family attached and semi detached, providing an
11:40:13 effective date.
11:40:13 >>GWEN MILLER: Voice roll call vote.
11:40:18 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:40:20 being absent and Miller voting no.
11:40:22 >> Is there anyone in the public that wants to speak
11:40:25 on 77?
11:40:27 >> Move to close.
11:40:28 >> Second.
11:40:28 (Motion carried)
11:40:28 >>KEVIN WHITE: I had to abstain from this vote.
11:40:38 My wife is an employee at the hospital.
11:40:40 >>MARY ALVAREZ: I move to adopt the following
11:40:42 ordinance upon second reading, an ordinance rezoning
11:40:46 property in the general vicinity of 3030 west Dr.
11:40:50 Martin Luther King Jr. Boulevard in the city of Tampa,
11:40:51 Florida and more particularly described in section 1
11:40:53 from zoning district classifications PD, planned
11:40:56 development, hospital with medical office, to PD,
11:40:58 planned development hospital with medical office,
11:41:00 providing an effective date.
11:41:02 >> I have a motion and second.
11:41:03 Voice roll call.
11:41:05 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:41:12 being absent and white abstaining.
11:41:15 >>GWEN MILLER: Is there anyone in the public that
11:41:16 wants to speak on item 78?
11:41:18 >> Move to close.
11:41:19 >> Second.
11:41:19 (Motion carried).
11:41:20 >>SHAWN HARRISON: I move to adopt the following
11:41:24 ordinance upon second reading, an ordinance rezoning
11:41:27 property in the general vicinity of 810 west Henry
11:41:30 Avenue in the city of Tampa, Florida and more
11:41:32 particularly described in section 1 from zoning
11:41:34 district classifications RS-50 residential
11:41:36 single-family to PD planned development single-family
11:41:39 residential providing an effective date.
11:41:40 >> Motion and second.
11:41:41 Voice roll call.
11:41:42 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:41:50 being absent.
11:41:51 >> Is there anyone in the public that wants to speak
11:41:54 on item 79?
11:41:55 >>KEVIN WHITE: Move to close.
11:41:56 >> Second.
11:41:56 (Motion carried).
11:41:57 >>JOHN DINGFELDER: I move to adopt the following
11:42:01 ordinance upon second reading, an ordinance rezoning
11:42:03 property in the Jesse vicinity of 4308 Gray Street in
11:42:08 the city of Tampa, Florida and more particularly
11:42:10 described in section 1 from zoning district
11:42:14 classifications RS-50 residential single family to PD
11:42:17 planned development single family attached, providing
11:42:18 an effective date.
11:42:19 >>GWEN MILLER: Motion and second.
11:42:21 Voice roll call vote.
11:42:22 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:42:25 being absent.
11:42:26 >>GWEN MILLER: Is there anyone in the public that
11:42:28 wants to speak on item 80?
11:42:30 >> Move to close.
11:42:30 >> Second.
11:42:31 (Motion carried).
11:42:31 >>JOHN DINGFELDER: Question.
11:42:35 Somebody remind me of this, 5101 Bayshore.
11:42:40 >>HEATHER LAMBOY: Land development.
11:42:42 This is the what was known as the -- well, it's the
11:42:47 Davis Island Baptist church.
11:42:48 And they are expanding the church for a fellowship
11:42:54 >> I was thinking about a residential project.
11:42:55 >>KEVIN WHITE: Move the following ordinance upon
11:42:59 second reading, an ordinance rezoning property in the
11:43:02 general vicinity ever 5101 Bayshore Boulevard in the
11:43:05 city of Tampa, Florida and more particularly described
11:43:06 in section 1 from zoning district classifications
11:43:09 RM-12 residential multifamily, to PD, planned
11:43:12 development, church and parking lot, providing an
11:43:14 effective date.
11:43:17 >> Motion and second.
11:43:18 Voice roll call.
11:43:23 >>THE CLERK: Motion carried with Saul-Sena and Ferlita
11:43:27 being absent.
11:43:28 >>CHAIRMAN: We need to open item number 81.
11:43:31 >> So moved.
11:43:33 >> Second.
11:43:33 >>JOHN DINGFELDER: I had some questions about 81.
11:43:35 And I didn't know timewise if you would rather deal
11:43:38 with sort of a lengthy discussion about the sign
11:43:41 ordinance now, or after lunch.
11:43:56 >>> This is within the context of historic signs.
11:43:58 And I believe Mr. Snelling is not here, so maybe we
11:44:03 should --
11:44:04 >>JOHN DINGFELDER: Defer till after lunch?
11:44:08 >>> Obviously --
11:44:15 >>GWEN MILLER: We will hold that till after lunch.
11:44:18 We did 82?
11:44:21 Did when do 83?
11:44:24 >> No, we didn't do that.
11:44:25 >>GWEN MILLER: 83 is going to be continued.
11:44:27 >>THE CLERK: 83 you have a request for continuance.
11:44:31 August 31st.
11:44:35 >>GWEN MILLER: Do I get a second?
11:44:36 >>JOHN DINGFELDER: Second.
11:44:37 >>MARTIN SHELBY: I'm sorry.
11:44:41 Is there anyone here to wished to speak to that item?
11:44:45 >>GWEN MILLER: It's already been continued.
11:44:47 >>MARTIN SHELBY: It has been, but whether to set the
11:44:51 public hearing to be heard today and if there's
11:44:53 anybody here to speak they should have at least the
11:44:55 opportunity to either object or agree to a
11:44:58 >>GWEN MILLER: Is there anyone in the public that
11:45:00 wants to speak on the continuance of item number 83?
11:45:04 Okay, we have a motion and second to continue to the
11:45:08 >>MARTIN SHELBY: At what time?
11:45:12 >>CHAIRMAN: 10:00.
11:45:13 (Motion carried).
11:45:14 Number 87.
11:45:20 >>MARTIN SHELBY: 84 is continued.
11:45:25 >>MARTIN SHELBY: 87?
11:45:28 >>GWEN MILLER: 87.
11:45:31 >>> I have not been sworn.
11:45:37 >>GWEN MILLER: Is there anyone else that needs to be
11:45:42 From 87 to 97.
11:45:46 (Oath administered by Clerk).
11:45:58 >>> Item 87.
11:45:59 The petitioner did not file the affidavit on time.
11:46:03 Today, this morning, he would like to be scheduled on
11:46:07 September 21st for the public hearing if that's
11:46:11 >>SHAWN HARRISON: So moved.
11:46:12 >> Second.
11:46:12 (Motion carried).
11:46:13 (Motion carried).
11:46:16 >>GWEN MILLER: We need to open number 88.
11:46:18 >> So moved.
11:46:19 >> Second.
11:46:19 (Motion carried).
11:46:19 >>GWEN MILLER: Staff.
11:46:35 >>> Land development.
11:46:37 The next case.
11:46:43 Wet zoning, 10509 north Nebraska Avenue.
11:46:49 The request is requesting a 4(COP) which is for sell
11:46:55 of alcoholic beverages on the premises and also off
11:46:58 the premises.
11:47:01 Basically, 50 seats located inside the business.
11:47:09 And there are the wet zoning properties, residential
11:47:12 properties, which are also in the 1,000 feet of
11:47:17 distance and also a lot of institutional properties
11:47:20 which are located in 1,000 distance.
11:47:25 Based on the requirements, the council can waive the
11:47:29 distance requirements due to the section.
11:47:35 The petitioner is asking for the first (COP-R) and
11:47:40 because of the seats.
11:47:42 The petitioner should ask for the (COP-R) for sale of
11:47:48 alcohol in conjunction with a restaurant.
11:47:51 >>GWEN MILLER: Officer Miller?
11:47:54 >>> Officer Miller, City of Tampa police department, I
11:47:56 have been sworn.
11:47:56 We have in a objection to this.
11:48:01 >>SHAWN HARRISON: Tell us exactly where this is.
11:48:04 >>> This is going to be north --
11:48:06 >>SHAWN HARRISON: North of foul Busch, foul er?
11:48:11 >>> North of Busch, south of Fowler.
11:48:14 >>SHAWN HARRISON: That side street just south of
11:48:16 I can't read it.
11:48:23 >>> Right off of Nebraska.
11:48:26 >>SHAWN HARRISON: Okay, I got it.
11:48:27 Thank you.
11:48:27 >>GWEN MILLER: Petitioner, you may come up now.
11:48:31 >>JOHN DINGFELDER: A quick clarification from staff
11:48:33 while they are coming up.
11:48:35 Did you say that you had objections, or are withdrawn?
11:48:40 Is staff okay?
11:48:42 >>> No objections.
11:48:45 >>GWEN MILLER: Petitioner, come up.
11:48:49 Give us your name.
11:48:52 >>> Sammy and Sita Govindan.
11:48:58 We are applying for a 4(COP) license for commercial
11:49:01 property located at 10509 north Nebraska.
11:49:06 It is currently 4,000 square feet.
11:49:10 Retail property that currently has grocery store, and
11:49:17 grocery as well as food store.
11:49:22 We have a development, a site plan approved for an
11:49:26 extension of 5,000 square feet.
11:49:30 It is officially commercial approved.
11:49:32 And I think with residential, we are not sure about
11:49:41 But we are operating officially as a grocery store, as
11:49:44 well as a food store.
11:49:48 >>SHAWN HARRISON: And you are going to continue the
11:49:50 food store and the grocery store?
11:49:52 >>> Until this is approved that we can turn it over.
11:49:56 Wine or beer.
11:49:59 >> Beer, wine and alcohol.
11:50:02 >>SHAWN HARRISON: I understand what that means.
11:50:03 Once this gets approved, are you going to continue to
11:50:05 sell food?
11:50:07 >>> Yes.
11:50:08 >> And keep the grocery store?
11:50:10 >>> Well, that's part.
11:50:11 We plan to.
11:50:12 The grocery part we are not too sure about.
11:50:15 >> What are you going to sell?
11:50:18 >>> Pretty much food.
11:50:19 >> A restaurant?
11:50:20 >>> A restaurant, that's right.
11:50:22 >> To go food or sit-down?
11:50:29 >>> The plan had ability to seat 40 chairs.
11:50:33 I think that's what we pay taxes on.
11:50:36 >>GWEN MILLER: Shouldn't that be an R if you are going
11:50:38 to be restaurant?
11:50:41 >>MARTIN SHELBY: It's not on the agenda as a 4(COP-R).
11:50:43 Is at 4(COP) or 4(COP-R)?
11:50:46 >>GWEN MILLER: It's a P.
11:50:47 >>MARTIN SHELBY: Did you want to explain then the
11:50:49 distinction to council between the 4(COP) versus a
11:50:53 What would they be able to serve under 4(COP)?
11:51:04 >>> A restaurant, the sale of alcohol, in conjunction
11:51:08 with a restaurant.
11:51:10 In the 4(COP-R) they would be requested --
11:51:16 >>MARTIN SHELBY: That's not being requested now.
11:51:18 >>> No.
11:51:18 But the first cop higher than 4(COP-R).
11:51:22 The 4(COP-R) you can distinguish, 4(COP-R), they can
11:51:29 sell alcohol.
11:51:32 For the 4(COP-R) they can sell alcohol in conjunction
11:51:37 with the restaurant.
11:51:41 >>GWEN MILLER: They are not saying that, though.
11:51:45 Let's have legal come up and tell us what's going on.
11:51:50 >>REBECCA KERT: Legal department.
11:51:51 What they are requesting is a 4(COP) and that would
11:51:54 allow them to sell both, consumption off premises and
11:51:57 on premises.
11:51:57 Because they are requesting a waiver, even if you give
11:52:00 them the 4(COP), the sale of alcohol will have to be
11:52:04 incidental to whatever the major use is, whether it be
11:52:08 retail for food, or a restaurant.
11:52:11 Under a 4(COP-R), as I stated earlier, they have the
11:52:16 full liquor but can only do it in conjunction with the
11:52:19 requirement and have the reporting requirement.
11:52:20 Even with the 4(COP), because they are requesting a
11:52:23 waiver, the sale of alcohol would have to be
11:52:25 incidental to the major use.
11:52:28 >>GWEN MILLER: Explain to me, they are selling
11:52:31 groceries now.
11:52:32 >>> Yes.
11:52:32 >>GWEN MILLER: When they get the 4(COP), they are not
11:52:36 going to sell groceries.
11:52:38 So how long have they got to wait until they get this
11:52:41 restaurant, start selling food?
11:52:44 >>> If they stop selling groceries, they cannot sell
11:52:46 alcohol again until the sale of alcohol is incidental
11:52:49 to another use.
11:52:50 Because the restaurant would have to be up and running
11:52:52 before they could sell alcoholic beverages.
11:52:54 >>ROSE FERLITA: Madam Chairman, I'm sorry.
11:52:59 4(COP), full liquor license, on or off premises.
11:53:04 They can be a package store.
11:53:06 >>> Yes.
11:53:07 >> 4(COP-R), they can sell liquor on the premises but
11:53:09 incidental to the sale of -- 49-51%.
11:53:17 >>> Right.
11:53:17 >> But what is the waiver that you are talking about
11:53:19 that allows them to have --
11:53:21 >>> For the 4(COP), maybe I should clarify, a 4(COP)
11:53:24 generally, if you don't meet any waivers in the
11:53:26 separation for residential or other institutional
11:53:31 uses, then you can actually be a package store.
11:53:34 Consumption on premises and oh off premises.
11:53:36 However, they do need waivers from I believe
11:53:41 residential but they are required to get some waivers.
11:53:43 The only way that someone can come before City Council
11:53:45 and ask for a waiver, if they are outside of the
11:53:50 district which is this is, is if the sale of alcoholic
11:53:52 beverages is incidental to the primary use.
11:53:55 Therefore, even if they are grant add 4(COP) because
11:53:58 they will need a waiver, they could not operate as a
11:54:00 pack annal store.
11:54:03 >>ROSE FERLITA: Why wouldn't they just come to us with
11:54:06 a request for 4(COP-R)?
11:54:09 Going through a 4(COP) with waiver?
11:54:12 >>> It's up to the applicant.
11:54:13 Their burden at this point is to demonstrate to
11:54:15 discount City Council that they are entitle to the
11:54:18 At this point the burden is on them to demonstrate to
11:54:20 City Council that their use, that the sale of
11:54:23 alcoholic beverages is going to be incidental to the
11:54:26 primary use.
11:54:26 That's where we are now.
11:54:28 >> So you are saying is they could have chosen the
11:54:30 other one.
11:54:31 The 4(COP-R) gives me a better level of comfort.
11:54:34 The 4(COP), whether this council approves it or not,
11:54:37 is something that they are going to have to convince
11:54:39 us of that.
11:54:41 >>> Yes.
11:54:41 >> That's fine.
11:54:43 Thank you.
11:54:45 >>JOHN DINGFELDER: I have a little bit of heartburn
11:54:47 with the 4 part of this.
11:54:50 Because you're talking about hard liquor, effectively
11:54:54 you're asking to us approve a package store, north
11:54:57 Nebraska, I'm not sure.
11:54:58 I'll defer to some of my colleagues.
11:55:01 I'm not really sure that north Nebraska needs a
11:55:03 package store per se.
11:55:06 I'm not trying to hurt your business or anything.
11:55:08 But maybe a 2(COP) is just beer and wine.
11:55:13 Maybe that's something they can consider.
11:55:15 But we'll continue to discuss it.
11:55:24 >>CHAIRMAN: Let's see if anyone from the public wants
11:55:26 to sworn in.
11:55:27 >>MARTIN SHELBY: Before they go, have you both been
11:55:30 sworn in?
11:55:32 >>> Yes.
11:55:33 >>GWEN MILLER: Anyone else want to speak on item 88?
11:55:36 >>SHAWN HARRISON: Madam Chairman, here's what I would
11:55:38 be comfortable doing.
11:55:39 No matter what they, do it's going to have to be
11:55:42 incidental to the sale of food in the restaurant, if
11:55:44 you are going to close the grocery.
11:55:45 If you keep the grocery open then it's going to have
11:55:48 to be incidental to that as well.
11:55:51 But no matter what happens here today, the sale of
11:55:53 alcohol has got to be incidental to your primary use.
11:55:57 I don't know that it would be fair to saddle them
11:56:01 right now with an "R" classification, because they may
11:56:04 not be able to get to that 51-49% that they need to
11:56:07 make it an "R."
11:56:09 I'm comfortable with a one-year conditional on this,
11:56:13 as long as it is, and even with the 4, because I'm
11:56:17 interested to see if this can truly be incidental to
11:56:21 what your primary use is going to be.
11:56:23 But other than a one-year conditional, I am not going
11:56:26 to be in favor of this, if it's not an "R."
11:56:31 So that's my feeling.
11:56:33 >>ROSE FERLITA: And I have a problem on both sides of
11:56:36 I have a problem like Mr. Dingfelder, given the
11:56:38 neighborhood and the area with a 4.
11:56:40 And I have a problem on the other end of the
11:56:42 classification without an "R."
11:56:43 I don't believe that that particular area needs
11:56:46 something with a 4(COP).
11:56:49 So I can't support that.
11:56:51 Not even on a conditional.
11:56:52 Because I still think that we put that area at risk
11:56:54 for the year, and whether it works or doesn't that's
11:56:57 fine but then we have to come back in a year.
11:56:59 Without an "R," I won't support it.
11:57:04 >>> If I may speak.
11:57:05 Would you consider 4(COP-R) then?
11:57:08 >>SHAWN HARRISON: 4(COP-R)?
11:57:10 >>> Instead of 4(COP).
11:57:11 >>SHAWN HARRISON: I would.
11:57:17 >>CHAIRMAN: Ms. Kert, what do we have to do, come back
11:57:19 in another week?
11:57:21 >>REBECCA KERT: If they make the request to change
11:57:23 that, then I can come back in another week with an
11:57:26 ordinance asking for the 4(COP-R).
11:57:27 But you all would need to --
11:57:29 >>SHAWN HARRISON: Change this to a 4(COP-R), two
11:57:37 Continue for two weeks?
11:57:41 As long as it comes back with an R.
11:57:43 Move to continue for two weeks.
11:57:45 >> Second.
11:57:45 >>GWEN MILLER: We have a motion and second to continue
11:57:48 item 88 for two weeks.
11:57:50 >>ROSE FERLITA: I'm okay with the continuance.
11:57:52 That's all we are doing.
11:57:56 >>GWEN MILLER: What time, 10 a.m.?
11:58:01 >>JOHN DINGFELDER: I this I the direction was for
11:58:03 staff to come back draft an ordinance for an "R."
11:58:08 >>MARTIN SHELBY: Just for the record, it's your
11:58:11 request then to have the application amended to a
11:58:17 >>> That's right.
11:58:17 >>MARTIN SHELBY: Thank you.
11:58:20 >> The date please?
11:58:21 >>GWEN MILLER: Two weeks will be what?
11:58:29 August 30th?
11:58:31 At 10 a.m
11:58:37 That would be the 31st, wouldn't it?
11:58:40 August 31st at 10 a.m.
11:58:44 >>MARTIN SHELBY: Madam Chair, it's been brought to my
11:58:51 attention it's at the noon hour.
11:58:54 >>SHAWN HARRISON: It's not noon by this clock.
11:58:56 >>GWEN MILLER: We are going to do one more.
11:58:58 One more.
11:59:02 >>SHAWN HARRISON: Move to open 89.
11:59:04 >> So moved.
11:59:05 >> Second.
11:59:05 (Motion carried)
11:59:28 >>> Land development.
11:59:29 This is for wet zoning for the location at 54 east
11:59:34 Henderson Avenue.
11:59:35 This is the Ybor City.
11:59:36 This is commercial general.
11:59:39 The petitioner is looking for 2(APS).
11:59:42 The sale of beer and alcohol on the premises only.
11:59:49 Petitioner at this time has a veins store at the
11:59:55 location, there is wet zoned property within 1 that
11:59:58 you feet at this time, residential locate location
12:00:01 within 1,000 feet.
12:00:03 There are three others institutional properties which
12:00:07 are within 1 that you feet at this time.
12:00:12 You can waive the distance requirements by the
12:00:16 sections chapter G-76.
12:00:24 Land development has in a objection to this.
12:00:26 >>JOHN DINGFELDER: Do you have another man, maybe just
12:00:30 give us some landmarks?
12:00:44 Where is the institutional use?
12:00:45 That's Booker T. Washington.
12:00:51 >>> You can see.
12:00:52 >> And the library, I think, is just a little bit to
12:00:54 the south.
12:00:55 >>GWEN MILLER: Okay.
12:00:56 Officer Miller.
12:00:58 >> Officer Miller, City of Tampa police department.
12:01:05 Tampa Police Department has in objection.
12:01:06 >>GWEN MILLER: Petitioner?
12:01:11 Do we need to make a motion to continue until
12:01:14 petitioner is here?
12:01:15 Need a motion.
12:01:16 >>SHAWN HARRISON: Why should we continue it if they
12:01:22 are not here?
12:01:25 Move to deny.
12:01:26 >> Second.
12:01:26 (Motion carried).
12:01:27 >>CHAIRMAN: Motion and second to deny.
12:01:29 >>JOHN DINGFELDER: Wait, let's get some legal advice
12:01:31 on this.
12:01:33 Either --
12:01:34 >>SHAWN HARRISON: They are asking for a waiver and
12:01:36 there's no evidence in the record why we should grant
12:01:38 the waiver.
12:01:39 >>JOHN DINGFELDER: The only reason I think a
12:01:41 continuance could be in order is if they have some
12:01:43 extenuating circumstance where why they are not here.
12:01:47 Then they have to start all over again and renotice
12:01:49 and everything else.
12:01:50 That's why I think as a courtesy, if there's no
12:01:53 objections, maybe we should continue it for two weeks.
12:01:56 >>ROSE FERLITA: Mr. Dingfelder, that might be the case
12:01:58 except for the fact if somebody doesn't want to prove
12:02:01 it based on granting the waiver, then that's a reason
12:02:04 that they would deny it on that basis whether the
12:02:06 petitioner was here or not.
12:02:07 I don't know, Mr. Harrison is making a motion.
12:02:11 >>GWEN MILLER: Is anyone in the public here to speak
12:02:13 on item 89?
12:02:14 Anyone to speak on 89?
12:02:21 Mr. Harrison?
12:02:23 >>ROSE FERLITA: If they come back next week they can
12:02:30 ask for reconsideration.
12:02:32 Mr. Harrison if you have a motion, second.
12:02:36 >>MARTIN SHELBY: Council under chapter 27 has removed
12:02:38 the statutory ability for reconsideration on
12:02:42 quasi-judicial matters.
12:02:44 >> Who did that?
12:02:46 >>GWEN MILLER: Mr. Dingfelder.
12:02:50 >>MARTIN SHELBY: Just a clarification.
12:02:51 Just so the record is clear.
12:02:52 There is no petitioner present.
12:02:55 Nobody responded when the petitioner was called.
12:03:01 Does the petitioner under chapter 3 -- I don't have it
12:03:03 in front of me.
12:03:04 I am not totally in front -- totally familiar with it.
12:03:09 Does the burden have the burden?
12:03:11 >>> Yes, under chapter 3 to demonstrate the waiver.
12:03:14 However, they have submitted something into the record
12:03:16 as they have submitted their area and the surrounding
12:03:18 areas to show some compatibility.
12:03:21 I understand it is in your discretion but I would
12:03:24 suggest that you consider giving at least one
12:03:29 opportunity for the applicant to show up.
12:03:30 They have submitted at least the application, which
12:03:32 has evidence in it.
12:03:35 >>KEVIN WHITE: Maybe in an abundance of caution maybe
12:03:38 we ought to recess.
12:03:40 When we reconvene in all due fairness if petitioner
12:03:44 should say up.
12:03:46 >>> We could try to contact them.
12:03:48 >>SHAWN HARRISON: Let's break for lunch.
12:03:50 >>CHAIRMAN: We'll recess until 1:30.
Tampa City Council
1:30 p.m. session
Thursday, August 17, 20006
The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
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proceedings may need to hire a court reporter.
13:33:15 >>GWEN MILLER: Tampa City Council is called back to
13:47:14 Roll call.
13:47:19 >>JOHN DINGFELDER: Here.
13:47:22 >>SHAWN HARRISON: Here.
13:47:24 >>KEVIN WHITE: Here.
13:47:24 >>GWEN MILLER: Here.
13:47:27 We'll go back to Mr. Thom Snelling.
13:47:33 It's been so long ago.
13:47:34 >>THOM SNELLING: I know.
13:47:35 This feels good.
13:47:38 Growth management, development services here on item
13:47:41 81, which is a minor amendment to the existing chapter
13:47:45 20.5, which is the sign code.
13:47:53 You have a copy in your packet.
13:47:55 >>THE CLERK: You need to open the public hearing.
13:47:59 >> So moved.
13:47:59 >> Second.
13:47:59 (Motion carried).
13:48:00 >>THOM SNELLING: Growth management and development
13:48:03 Just for clarification, councilwoman Ferlita and
13:48:09 numerous staff members and members of the public and
13:48:11 the business community sign community, neighborhood
13:48:14 groups, have been working on a very large revision to
13:48:20 the sign code.
13:48:21 This is not that.
13:48:22 That is coming before you at another time.
13:48:24 This is a very specific, small portion of the existing
13:48:29 code that has entirely to do with historic
13:48:33 preservation issues in the historic issues and on
13:48:36 landmark structures so that's the only thing that this
13:48:39 has to do with.
13:48:40 I will very quickly walk you through this.
13:48:43 And then be available for questions.
13:48:50 Section 2, which is the definition defines historic
13:48:53 sign, reconstruction, rehabilitation, and restoration.
13:48:57 All of these definitions talk to historic signs as
13:49:02 being character-defining elements of their particular
13:49:06 time period.
13:49:07 So it's not planning as part of the 20s or 30s or
13:49:11 40s because the historic preservation can exist for
13:49:14 all of those time periods and the signs that were
13:49:17 built in the 30s or 40s it would have to reflect
13:49:20 that particular characteristics of what was existing
13:49:22 at the time.
13:49:23 So that's when they talk about the historic sign.
13:49:25 It also talks about rehabilitation, restoration as
13:49:30 Section 3 identifies that any signs -- let me back up.
13:49:41 Part of the reason --
13:49:42 >>SHAWN HARRISON: You're doing fine.
13:49:44 >>THOM SNELLING: Historically signs were put in
13:49:47 rights-of-way because they used horses and carriage
13:49:49 and never had problems with big semi trucks moving up
13:49:52 and down the street.
13:49:53 A few years ago the government said in a more signs in
13:49:56 the public right-of-way because of public safety
13:49:58 issues and no more rooftop signs because of some
13:50:00 public safety issues.
13:50:01 I'm not even exactly sure why rooftops were banned.
13:50:05 But if you look at the Florida hotel, they had both
13:50:07 the rooftop sign from the 20s and 30s, and they
13:50:10 also had a sign that was in the right-of-way that
13:50:12 said, you know, Florida.
13:50:16 Under the current code they can't build that but
13:50:18 everybody agreed the gentleman that's refurbishing
13:50:22 that wants to be able to put that sign there,
13:50:26 everybody agreed it's a good idea.
13:50:28 This will allow them to do that.
13:50:29 Same thing in Ybor City.
13:50:30 They have a number of rooftop signs, historical
13:50:33 rooftop signs, that talked about the cigar factory or
13:50:36 the restaurant or whatever was going on in the
13:50:38 building below.
13:50:40 It's felt that if you have an historic sign that had
13:50:43 been part of that building when it was originally
13:50:45 constructed, you should be allowed to recreate that
13:50:48 historic sign.
13:50:48 Not a brand new one that has never been there or is
13:50:51 not there now, to start to do that.
13:50:55 It doesn't allow for that.
13:50:56 It allows only the historical existing signs to go
13:50:59 back to how they were when they were built and that's
13:51:01 the gist of it and that's really what this talks
13:51:04 One section, if there's any sign that goes into the
13:51:08 Ybor City district, the Barrio Latino commission, it
13:51:12 will come before them.
13:51:13 They have approval of the sign and they will make sure
13:51:15 that it follows all the historic requirements of the
13:51:18 If it's in any other landmark building or structure or
13:51:21 any other historic district, for example, Hyde Park,
13:51:24 or Tampa Heights, or Seminole Heights, then the A.R.C.
13:51:31 will have final review and approval of that.
13:51:33 It's being handled exactly how we handle historic
13:51:36 preservation today depending on where you are located,
13:51:39 depending on which board you go in front of.
13:51:41 Again, very quickly, most of this stuff is really
13:51:44 about line of site, public safety, and protecting the
13:51:48 city interest in terms of hold harmless and things
13:51:50 like that.
13:51:50 And the review is handled by the appropriate historic
13:51:53 review commission.
13:51:57 And that's it in a nutshell.
13:51:59 I'll answer any questions you have.
13:52:01 >>SHAWN HARRISON: On the hotel, will it allow for
13:52:08 >>THOM SNELLING: Yes, it will.
13:52:09 I think that was built back in the late 40s.
13:52:11 If you go out there, you are still going to see a
13:52:13 couple of the rusted out little pipes that were
13:52:16 existing there.
13:52:17 9 other questions by council?
13:52:18 Is there anyone in the public that wants to speak on
13:52:22 I'm sorry.
13:52:25 >>ROSE PETRUCHA: The Planning Commission staff
13:52:30 reviewed this three months ago, May 8th, 2006, and
13:52:34 the Planning Commission found it unanimously
13:52:39 consistent with the Tampa comprehensive plan.
13:52:42 I am going to submit the resolution and report that we
13:52:45 have prepared for the record.
13:52:55 >> Move to close the public hearing.
13:52:57 >> Does anyone want to speak from the public?
13:53:02 Motion to close.
13:53:03 (Motion carried)
13:53:05 >> I'll be happy to move this historic designation
13:53:19 An ordinance of the city of Tampa, Florida amending
13:53:21 City of Tampa code of ordinances signs amending
13:53:25 section 20.5-4 words defined amending section 20-5.10
13:53:31 signs on right-of-way, signs allowed, and section
13:53:35 25.5-13 on-site signs permit required, 20.5-13-C-8
13:53:43 regulations historic signs, for local historic
13:53:46 district and landmark sites, outside the Ybor City
13:53:49 historic district creating section 20.5-13 C-9,
13:53:54 regulations for historic signs in the Ybor City
13:53:56 historic district amending section 20.5-15 prohibited
13:54:00 signs enumerated, amending section 20.5-20, signs on
13:54:05 right-of-way, providing for severability, providing
13:54:07 for repeal of all ordinances in conflict, providing an
13:54:09 effective date.
13:54:11 >> I have a motion and second.
13:54:12 (Motion carried).
13:54:13 >>KEVIN WHITE: Move to open 89.
13:54:20 >> Motion and second to open 89.
13:54:22 (Motion carried)
13:54:24 Staff, 89?
13:54:32 >>MARTIN SHELBY: Continued from this morning.
13:54:41 We need to swear you in.
13:54:43 Anyone else that came in since this morning that
13:54:45 hasn't been sworn, will you please stand and raise
13:54:47 your right hand?
13:54:48 (Oath administered by Clerk).
13:55:02 >>> Rick Ettovati here for rezoning, 89, location 934
13:55:09 east Henderson.
13:55:11 >>GWEN MILLER: What do you have there now?
13:55:16 >>> It's been closed for like six, seven years.
13:55:19 >> And you are just reopening it?
13:55:21 >>> Yes, ma'am.
13:55:21 >> It's going to be what kind of store?
13:55:23 >>> It's more like mini market, like produce,
13:55:28 everything there, from wine and beer, and also --
13:55:36 >>GWEN MILLER: Does anyone in the public want to speak
13:55:37 on item 89?
13:55:40 Mr. Dingfelder?
13:55:40 >>JOHN DINGFELDER: A question to staff.
13:55:45 Is this the same scenario since there are waivers
13:55:47 involved, the use has to be incidental?
13:55:50 >>> Yes.
13:55:53 Incidental, yes.
13:55:56 >> So they would have to sell food or something else
13:55:57 along with the beer and wine?
13:56:00 >>> Yes.
13:56:00 >>GWEN MILLER: No one wants to speak?
13:56:02 Close the public hearing?
13:56:04 >> Move to close.
13:56:05 >> Second.
13:56:05 (Motion carried).
13:56:05 >>KEVIN WHITE: Move an ordinance making lawful the
13:56:29 sale of beverages containing alcohol of more than 1%
13:56:31 by weight not more than 14% by weight and wines
13:56:34 regardless of alcoholic content beer and wine 2(APS)
13:56:37 in sealed containers for consumption on premises
13:56:39 only -- off premises only, I'm sorry, from that
13:56:42 certain lot, plot or tract of land at 934 east
13:56:46 Henderson Boulevard, Tampa, Florida as more
13:56:47 particularly described in section 2 hereof waiving
13:56:50 certain restrictions as to distance based upon certain
13:56:52 findings, providing for repeal of all ordinances in
13:56:56 conflict, providing an effective date.
13:56:57 >>GWEN MILLER: Motion and second.
13:56:58 (Motion carried).
13:56:59 >>KEVIN WHITE: Move to open 90.
13:57:05 >> Second.
13:57:05 (Motion carried).
13:57:08 >>> Land development.
13:57:10 I have been sworn.
13:57:11 >>GWEN MILLER: Your name again?
13:57:16 >>> Barbara Lepore. The next case, WZ 06-102.
13:57:41 3602 Gandy Boulevard.
13:57:43 >>JOHN DINGFELDER: What is the intersection?
13:58:09 >> Wet zoning petition within 1,000 feet.
13:58:15 One residential.
13:58:19 And within 1,000 feet.
13:58:22 But there's also one institutional property in 1,000
13:58:27 feet of the City of Tampa fire station.
13:58:38 Land development has no objection to the request.
13:58:41 The petition.
13:58:50 >> Officer Miller, City of Tampa police department.
13:58:53 I have been sworn.
13:58:54 We have no objection to this wet zoning.
13:58:57 >>GWEN MILLER: Petitioner?
13:58:58 >> Todd Pressman, 28870 U.S. highway 19 north, suite
13:59:06 300, Clearwater, Florida.
13:59:07 This is a site that has been selling just beer.
13:59:11 This is just an upgrade to beer and wine.
13:59:14 It has been operated by a long-term business entity.
13:59:19 They have entered into a lease to have the site
13:59:22 operated, as the police indicated to you, they have no
13:59:26 objection to it.
13:59:27 This is a typical convenience store operation
13:59:33 increased from beer to beer and wine.
13:59:39 >>JOHN DINGFELDER: Did you say 90 or 91?
13:59:42 >>> This is for 2(APS).
13:59:45 Mr. Mansour was the operator, they have entered into a
13:59:52 But I just want to make you aware that they still have
13:59:55 some operational and some involvement at the store.
14:00:00 >>MARTIN SHELBY: Mr. Pressman, you have been sworn?
14:00:03 >>> Yes, sir.
14:00:03 >>GWEN MILLER: Is there anyone in the public to speak
14:00:05 on 89?
14:00:07 >> Move to close.
14:00:08 >>MARTIN SHELBY: I'm sorry, what number?
14:00:10 >>GWEN MILLER: 90.
14:00:12 All in favor of the motion say Aye.
14:00:14 Opposed, Nay.
14:00:22 >>JOHN DINGFELDER: Move an ordinance making lawful the
14:00:24 sale of beverages containing alcohol more than 1% by
14:00:26 weight not 2(APS) in sealed containers for consumption
14:00:32 off premises only at that or from that certain lot,
14:00:37 plot or tract of land located at 3602 Gandy Boulevard,
14:00:41 Tampa, Florida, as more particularly described in
14:00:42 section 2 hereof, waiving certain restrictions of
14:00:46 distance based on certain findings providing for
14:00:49 repeal of ordinances in conflict, providing an
14:00:51 effective date.
14:00:53 (Motion Carried).
14:00:53 >>GWEN MILLER: Number 91.
14:00:56 Motion and second.
14:00:57 (Motion carried).
14:01:00 >>> Land development.
14:01:02 Case WZ 06-103.
14:01:13 900 west Kennedy.
14:01:23 2(APS) at 900 West Kennedy Boulevard.
14:01:27 The location is with incidental use.
14:01:39 1,000 distance.
14:01:48 126 feet walking distance.
14:01:50 There is also a university of Tampa.
14:01:53 That's 296 feet walking distance.
14:02:02 Asking City Council to waive the distance separation.
14:02:08 The alcohol is incidental use.
14:02:11 The application was forwarded to the Tampa Police
14:02:12 Department for their review.
14:02:14 Land development has no objection.
14:02:23 >> Officer Miller.
14:02:24 No objection to the petition.
14:02:27 >>GWEN MILLER: Petitioner?
14:02:33 >>> My name is Todd Pressman, 28007, Clearwater,
14:02:41 Florida, and I have been sworn, I am here for Mr.
14:02:52 Mr. Mansour has had quite a his history at this site,
14:02:57 for beer sells.
14:02:58 And this proposed to have beer and wine sales. The
14:03:01 police report to you is that they have had normal
14:03:05 calls at the location.
14:03:06 I did get calls from a few folks and explained to them
14:03:09 what was happening.
14:03:12 Any questions I'll be happy to answer.
14:03:14 >>GWEN MILLER: Anyone from the public want to speak on
14:03:20 Come on up.
14:03:26 >> Waited patiently all day.
14:03:28 >> My husband and I own the property just south of the
14:03:35 gas station.
14:03:36 And I am concerned that what they serve there now and
14:03:39 I certainly don't want any more alcoholic beverages
14:03:42 sold there.
14:03:42 We have incidents on our property, mostly vagrants who
14:03:46 are coming in, and they would be on our porch,
14:03:51 defecated in our parking lot, I almost ran over
14:03:54 someone who was passed out in the parking lot.
14:03:59 I'm concerned about to whom they are interested in
14:04:03 selling this.
14:04:06 There is very little residential around there.
14:04:08 There's U. T. students.
14:04:09 There's the motel-hotel across the street.
14:04:12 I just have a lot of concerns about increasing the
14:04:16 availability of liquor in my neighborhood, where I
14:04:19 have employees that are working.
14:04:23 And I have concerns.
14:04:23 >>MARTIN SHELBY: And have you been sworn in?
14:04:27 >>> Yes.
14:04:27 >>GWEN MILLER: Thank you.
14:04:37 >>> Trish more land, South Dakota Avenue, Tampa.
14:04:41 And there were actually many more people here this
14:04:44 morning that were not able to get back here today so I
14:04:46 am going to be speaking on behalf of quite a few
14:04:49 My husband and I bought and developed property at 912
14:04:54 to --
14:04:56 >>MARTIN SHELBY: The mike will be fine.
14:05:03 It will adjust itself.
14:05:05 >>> From 912 to 922 west Kennedy as well as south
14:05:09 Edison. This property is on the south side of Kennedy
14:05:11 and directly across the alleyway from this convenience
14:05:14 And back then it we bought it, it took us two years to
14:05:20 We spent hundreds of thousands of dollars.
14:05:22 Following that development, that entire area, that
14:05:25 entire city block changed overnight.
14:05:27 And if you drive there you would see that all the way
14:05:29 from Cleveland up through Kennedy.
14:05:31 But one thing that's not changed, and that is that
14:05:34 convenience store, and it has been a continued blight
14:05:36 for our neighborhood.
14:05:38 We they currently sell beer.
14:05:41 And unlike the clientele at the Mexican restaurant and
14:05:45 Mr. T, their clientele do not get in the car and leave
14:05:49 after they purchase their liquor.
14:05:50 They actually sit on-site and drink it.
14:05:54 It's in direct violation of that liquor license.
14:05:56 I'm here to say that in the six years time that we
14:05:59 have been on that property, the only source of
14:06:03 problems that we have are from that convenience store.
14:06:05 And the owner does not contribute anything positive to
14:06:08 the neighborhood.
14:06:08 Now the City of Tampa is talking about improving
14:06:10 Kennedy Boulevard.
14:06:11 It seems to be a real hot button right now and there's
14:06:17 a lot of beautiful development going on.
14:06:18 But this particular corner, and the problems that it
14:06:21 causes, have never been addressed.
14:06:23 And I'm here to ask why, and what can the City of
14:06:27 Tampa do to enforce sanctions against a business owner
14:06:34 who has no respect whatsoever for the privilege of
14:06:36 having a liquor license?
14:06:40 And I'm glad Rose Ferlita came back because she is
14:06:43 very, very aware of what's going on on this site.
14:06:46 I know she is.
14:06:48 And I want you to reconsider.
14:06:50 I don't believe this owner should be allowed to sell
14:06:52 any more liquor.
14:06:53 I believe his liquor license should be revoked.
14:06:57 >>CHAIRMAN: Thank you.
14:06:58 Would anyone else like to speak?
14:07:01 >>MARTIN SHELBY: I'm to interrupt.
14:07:04 But for the record, you did not say whether you were
14:07:07 Were you sworn in?
14:07:08 >>> Yes.
14:07:09 >>MARTIN SHELBY: Thank you.
14:07:13 >>JOHN DINGFELDER: Where is your hat, Marty?
14:07:17 >>> There's been a lot of accusations and a lot of
14:07:20 problems attributed to this site.
14:07:21 The police report before you tells you they had normal
14:07:25 calls to the site.
14:07:26 There's been charges that there have been people
14:07:28 hanging out at the site and drinking.
14:07:29 Again, the police report to you that there have been
14:07:31 normal calls to the site.
14:07:32 And Mr. Mansour has been a business operator in this
14:07:35 community for, my experience, ten years-plus.
14:07:40 I work with him on these type of issues.
14:07:43 He always runs a site those very organized and
14:07:48 He takes the sales very seriously and never had a
14:07:53 problem with his license that I'm aware of.
14:07:55 I believe this site subpoena a victim of
14:08:01 It is an area where there are a lot of people passing
14:08:04 by the site, and not in the greatest area of town.
14:08:11 Not a bad area of town, not the greatest area of town.
14:08:14 So as problems develop sometimes they are going to get
14:08:16 attached to this type of store.
14:08:19 The folks that are here I have great respect for, and
14:08:22 Mr. Mansour, I will tell you, will work with any
14:08:24 neighborhood group.
14:08:26 But they are not here to sell liquor, that's not the
14:08:29 They are here to sell wine as an addition to beer and
14:08:32 wine sales which they have before you a proven record,
14:08:35 a successful and responsible sales.
14:08:37 They take deep responsibility for the people in their
14:08:40 stores that sell these products, and as Mr. Mansour
14:08:44 told me, it is not a simple and irresponsible manner.
14:08:51 The problems that I have heard from the first woman
14:08:56 were there were vagrants, people sleeping on the
14:08:59 property, people passed out.
14:09:00 I don't know that you can a tribute it to the request
14:09:02 that's before you.
14:09:03 And with regard to blight and other elements, this is
14:09:05 a site that is very small, it has been proven, I
14:09:08 believe Mr. Mansour does have improvements in the
14:09:11 future, but I think what's important here is what's
14:09:16 being requested, this site is beer and wine, which is
14:09:19 being proposed by someone who is responsible.
14:09:21 We know who they are.
14:09:23 They have been here a long time.
14:09:24 They have been tested.
14:09:25 So this is not a leap of faith for you.
14:09:27 Any other questions I'll be happy to answer.
14:09:32 >>MARY ALVAREZ: Mr. Pressman, is this the first time
14:09:35 they have applied for a license or Mr. Mansour has
14:09:38 applied for a license?
14:09:41 >>> They are operating right now with beer only.
14:09:43 >> What are we doing here?
14:09:44 >>> This is just adding wine.
14:09:47 The beer was approved.
14:09:52 >>MARY ALVAREZ: Well, I heard from a number of people
14:09:54 in that area that they had a lot of problems.
14:09:58 And vagrants, and maybe has nothing to do with them
14:10:03 but the thing is that they have had -- and I don't
14:10:07 want to say that they have had other problems other
14:10:10 than just the vagrants there.
14:10:14 And one of the questions I want to ask you, do they
14:10:19 have a telephone out there, a pay phone?
14:10:22 >>> I can't say for sure.
14:10:23 I don't know.
14:10:27 >> There is a pay phone.
14:10:33 >> I've heard a lot of comments from the various
14:10:38 business owners around there that they are really Supp
14:10:45 set with that corn.
14:10:46 So I don't know, you have a beer license.
14:10:49 I wouldn't want to add the wine to it.
14:10:52 >>> We would certainly, if it was your wish, I don't
14:10:55 know, we are asking for the 2(APS).
14:11:00 I know there's the one-year conditional.
14:11:03 I don't know if that would make you feel better or
14:11:09 >>MARY ALVAREZ: Well, if we gave them the beer, you
14:11:12 already have the beer, so you are asking for the wine,
14:11:15 and would that be on the beer and wine at the time?
14:11:23 >>> Actually a good question.
14:11:25 I don't know.
14:11:25 Maybe Mr. Shelby knows the answer to that.
14:11:30 >>> If you were to grant a one-year conditional it
14:11:32 would be for 2(APS).
14:11:33 When we do that we would be revoking the prior 1(APS).
14:11:36 So, therefore, when they come back in a year, if you
14:11:39 did not then grant them a permanent 2(APS) or
14:11:43 something else, then they would no longer have the
14:11:45 ability to sell beer.
14:11:47 >>MARY ALVAREZ: Beer or wine?
14:11:51 >>> Beer or wine, yes.
14:11:53 >>> Let me say clearly, I would have to check with Mr.
14:11:56 Mansour to see if that would even be an option for
14:12:00 >>KEVIN WHITE: I would like to say on behalf of the
14:12:02 neighborhood who is here opposing that, that may be
14:12:07 the best of both world for the neighborhood in one
14:12:10 If you look at if Mr. Mansour would take the one-year
14:12:14 conditional, because if they took the one-year
14:12:16 conditional, rather than revoke their beer license,
14:12:20 and you have been putting up with whatever you say you
14:12:22 have been putting up with for a year now, if they do
14:12:26 not come in and be a responsible vendor, and in one
14:12:31 year, he loses everything, the -- it goes dry.
14:12:37 I don't know if that's a chance anyone is willing to
14:12:39 take but that is an option that is on the table, if
14:12:43 Mr. Mansour's representative is willing to take a
14:12:45 one-year conditional.
14:12:46 Otherwise, if they are not, then they continue to sell
14:12:49 beer, and whatever has been going on recently will
14:12:52 continue to go on.
14:12:54 It's just an option for everyone to just think about
14:12:59 and consider.
14:13:02 >>ROSE FERLITA: For the record, obviously, I do read
14:13:05 every petition that we have coming before us, did so
14:13:07 last night.
14:13:10 I will tell you this is my opinion on this.
14:13:12 You know, Mr. Pressman, I live very close to that
14:13:17 And obviously we can't blame one particular property
14:13:21 owner for anything that might be happening around
14:13:23 But it's my understanding that this is the same owner,
14:13:26 not a new management in there.
14:13:28 >>> That's right.
14:13:29 >> So then that goes back to my first concern.
14:13:31 If you have a property, and you are either the
14:13:34 business on that property or the owner of that
14:13:35 property, you have a secondary responsibility to make
14:13:38 sure that anything that goes on within the boundary of
14:13:40 that property is something that is not offensive to
14:13:45 the neighborhood or anyone around there.
14:13:49 I have stopped a couple of times there, and I would
14:13:51 think that I pride myself on not being afraid of very
14:13:54 many things.
14:13:55 But there were vagrants.
14:13:56 There were people meandering around that looked not
14:14:02 too desirable.
14:14:03 And I chose not to stop there. I chose to stop at the
14:14:05 place on Platt, because of the unsightliness of people
14:14:10 that are around that building.
14:14:12 And I think that he has to take credit or blame for
14:14:15 anything that happens there.
14:14:17 We have an institutional use within a thousand feet.
14:14:20 That's the University of Tampa.
14:14:21 I'm not too excited about the place as it's currently
14:14:25 So I don't think that I want to be a party to
14:14:28 exacerbating that problem.
14:14:29 He's asking for a waiver.
14:14:31 Based on what I've seen, I am not in favor of
14:14:35 encouraging it to go from just wine and beer to beer
14:14:38 and wine, because of personal experience, and because
14:14:40 of what I have witnessed there.
14:14:44 I think Mr. White at first posed a creative-type
14:14:50 suggestion that nonetheless they still would have to
14:14:53 put up with this for another year in order to
14:14:55 backtrack, and have it revoked, which is something
14:14:58 that I think we all know doesn't happen very often.
14:15:01 So we would have a conditional, supposedly, that would
14:15:04 give him the opportunity to sell beer and wine,
14:15:06 probably more of the stuff that we already see,
14:15:09 exacerbated maybe more by wine and beer as opposed to
14:15:12 one or the other, and in actuality, I don't think
14:15:17 that's the way to go to get where we might want to go
14:15:20 if this is still not a responsible business.
14:15:23 I think that because of the fact that this has come to
14:15:26 us, it puts a burden on us, responsibilitywise, as
14:15:30 legislators, to do what we want.
14:15:33 Each will do whatever we want.
14:15:34 But even if he does not get this wet zoning for the
14:15:39 additional wine sales, I want to tell you, I think
14:15:43 it's time that we look at enforcement.
14:15:46 I mean, there are a lot of code enforcement issues
14:15:49 There are a lot of people that are undesirable running
14:15:50 around there that don't keep the place in neat fashion
14:15:55 So for me to say, okay, let's give you both beer and
14:15:58 wine, that if you don't do well, then recollection
14:16:01 revoke it, I think that's counterproductive, because
14:16:04 I'm not impressed with how he runs just with beer,
14:16:06 much less with beer and wine.
14:16:08 Plus you have the issue of the university of Tampa.
14:16:10 I don't think we need to expose those students to any
14:16:13 more alcohol products than we have now, given the fact
14:16:15 that by appearances -- and this is my opinion, and
14:16:19 anybody else's obviously -- it's not a well-run
14:16:23 business, and based on the fact that we are asking for
14:16:25 a waiver, I'm not in favor of supporting that waiver.
14:16:32 >>> A liberty if I may.
14:16:33 Maybe the best thing to do would be to have some time
14:16:36 to meet with the neighbors, see if there's some
14:16:42 improvement that can be made to make the neighbors
14:16:44 feel better about it and potentially look at some
14:16:46 other improvements that council may be happy about as
14:16:49 I would offer to you -- I must say again, I cannot ask
14:16:54 to move forward on conditional without Mr. Mansour's
14:16:58 I think there's neighbors here who have concerns,
14:17:01 council members that have concerns.
14:17:03 I would like to have a chance.
14:17:05 I think Mr. Mansour would certainly like a chance to
14:17:08 have people comfortable with this.
14:17:10 So I would ask you to consider a continuance at this
14:17:12 time in order to make those efforts.
14:17:15 >>GWEN MILLER: What is the pleasure of council?
14:17:17 >>JOHN DINGFELDER: Move to close the public hearing.
14:17:19 >>MARY ALVAREZ: Second.
14:17:20 >>GWEN MILLER: Motion and second.
14:17:21 (Motion Carried).
14:17:28 >>JOHN DINGFELDER: Thank you, Madam Chair.
14:17:31 I think Mr. Pressman makes a good argument.
14:17:35 But in this case I agree with Ms. Ferlita.
14:17:41 Mr. Shelby and I were just talking about what is the
14:17:45 standard that we need to be looking at, Ms. Kert does
14:17:49 a good job, what are the standards we need to look at,
14:17:52 and basically reiterate, we have to get used to it
14:17:58 because as of October 1st we have to do this
14:18:00 pretty regularly.
14:18:01 I'm going to move to deny, because based upon the
14:18:03 competent, substantial evidence that we have heard
14:18:06 here today, I believe that they have now met the
14:18:10 requirements to be granted the waiver that they are
14:18:15 looking for.
14:18:15 Specifically, I think it's adverse to the public's
14:18:17 interest to be granting a waiver as related to the
14:18:19 university of Tampa as residential.
14:18:21 I also think that we heard very competent, substantial
14:18:24 evidence from Ms. La vine and the other young lady who
14:18:29 testified that there's already an adverse activity
14:18:32 going on in the neighborhood.
14:18:34 And frankly, I also observed that personally.
14:18:38 That is not a great store, not a great location, not
14:18:42 someplace I even pull in for gas because you don't
14:18:45 feel very comfortable or safe there.
14:18:47 I think that's part of the problem.
14:18:48 We have a homeless issue along Kennedy.
14:18:50 By adding wine to the equation is not going to help
14:18:54 >>MARY ALVAREZ: Second that.
14:18:57 >>JOHN DINGFELDER: There's already been quite a bit of
14:19:00 positive investment.
14:19:01 We are trying to bring Kennedy up.
14:19:02 And for all those reasons, I'll move to deny.
14:19:05 >>MARY ALVAREZ: I'll second.
14:19:07 >>CHAIRMAN: Motion and second.
14:19:08 Question on the motion?
14:19:10 All in favor say Aye.
14:19:11 Opposed, Nay.
14:19:11 (Motion carried).
14:19:13 >>ROSE FERLITA: We are complete with that process.
14:19:15 At the same time, I'm glad this has come up with them
14:19:19 coming down to apply for a 2(APS) because in a
14:19:22 separate motion, and Mr. Press man, this is going to
14:19:24 be a positive thing if he wants to, like Mr.
14:19:28 Dingfelder said, that whole corridor is improving.
14:19:32 But if code enforcement goes out there, because that
14:19:35 place is a mess and he needs to take care of it and
14:19:37 make sure there are not any code enforcement issues.
14:19:39 So separate and divorced motion, I would like for code
14:19:43 to go out and report back to us in a couple of weeks,
14:19:45 maybe sure that everything is appropriate and there
14:19:47 are no violations ongoing.
14:19:48 >>MARY ALVAREZ: Second.
14:19:50 >>GWEN MILLER: Motion and second.
14:19:51 (Motion carried).
14:19:52 >>MARY ALVAREZ: I was at the Mexican restaurant not
14:20:00 too long ago.
14:20:01 And we observed the alley behind this.
14:20:07 It was in an atrocious condition.
14:20:09 I happened to be with the mayor that Kay day.
14:20:12 And she called the solid waste and people of clean
14:20:15 city to come out and clean that alley.
14:20:17 So he's got to take responsibility for this, Mr.
14:20:22 It's his property.
14:20:26 Whether he's leasing it or whatever, he's responsible
14:20:28 for keeping that area nice and clean.
14:20:31 And this is all I'll say other than I am going to
14:20:34 support her motion.
14:20:35 And go with that.
14:20:38 >>> Pressman: Illinois be certain to make these
14:20:41 comments to Mr. Mansour.
14:20:43 And I think I would still urge him to talk to the
14:20:45 folks and make an improvement to the station and work
14:20:50 towards making everyone more comfortable.
14:20:55 >>ROSE FERLITA: And you know, Mr. Pressman, and this
14:20:58 could be a bad thing.
14:21:01 I'm sorry you are in the middle of it because these
14:21:03 are issues that were probably there a long time before
14:21:05 you were his representative.
14:21:06 But it's been an ongoing issue.
14:21:08 And who knows?
14:21:09 Later on maybe he can come back and the neighborhood
14:21:11 will be supportive.
14:21:12 Certainly not now.
14:21:13 Certainly us not now.
14:21:14 But you can be in charge of being an ambassador.
14:21:21 I would appreciate it as well.
14:21:23 >>> Are you appointing me ambassador?
14:21:25 [ Laughter ]
14:21:26 >>ROSE FERLITA: I'm suggesting you look at that and
14:21:28 should you agree to take the job it would be a
14:21:30 wonderful thing.
14:21:32 >>> I will make that communication.
14:21:34 I will urge Mr. Mansour.
14:21:37 I appreciate your time today.
14:21:41 >>JOHN DINGFELDER: I have a question of Ms. Kert real
14:21:46 When we are doing notice now on wet zonings, what is
14:21:48 the circle of notice?
14:21:53 >>REBECCA KERT: 250 feet.
14:21:54 And the neighborhood association.
14:21:56 >>JOHN DINGFELDER: This is an interesting question
14:21:59 that I just thought of.
14:22:00 University of Tampa is 390 something feet away from
14:22:03 this location.
14:22:03 Therefore, under our rules, even though they are an
14:22:05 institutional location, that we are supposedly
14:22:08 concerned about, we don't notice them.
14:22:11 It's interesting.
14:22:12 So I think at the next revisions of the -- of our
14:22:17 alcohol code, let's look at that.
14:22:21 >>GWEN MILLER: Item number 92.
14:22:23 >> So moved.
14:22:24 >> Second.
14:22:24 (Motion carried).
14:22:28 >>> Land development.
14:22:29 The next petition is WZ 06-105.
14:22:36 Petitioner is requesting a extension.
14:22:37 And here is the location.
14:22:45 1625 East 7th Avenue.
14:22:56 Petitioner is requesting 4(COP).
14:23:00 Location 1625 East 7th Avenue.
14:23:04 Requesting one year wet zoning, 9698, the 120-day
14:23:14 extension expired in June 2006.
14:23:21 The location at this time is vacant.
14:23:23 Requested one extension in August.
14:23:32 It is within the council's discretion to grant one
14:23:40 Land development has in a objection.
14:23:44 >>> Officer Miller, City of Tampa police department.
14:23:46 We have in a objection to this petition.
14:23:49 >>GWEN MILLER: Petitioner?
14:23:53 >>> I'm Jacob.
14:23:56 Office address is 115 South Albany Avenue in Tampa.
14:24:01 Our company, Jacob real estate, services the property
14:24:05 manager for the owner of the property, Sussex holding,
14:24:11 a United Kingdom based owner.
14:24:13 The tenant that was in the building for -- since 1996
14:24:19 started moving out sometime in January when the dog
14:24:24 show was at the convention center.
14:24:26 One of my employees drove by the property and saw
14:24:28 people moving things out.
14:24:33 We were just about finished with the eviction.
14:24:42 We have a memorandum to lease the building to another
14:24:44 tenant pending getting that resolved.
14:24:51 >>MARTIN SHELBY: Sir, with you sworn in, for the
14:24:54 >>> I was.
14:24:56 >>ROSE FERLITA: What is the name of the --
14:25:04 >>> I really don't know.
14:25:08 It's at the corner of 7th Avenue and 17th.
14:25:13 It's the one-story building and it's got two tenant
14:25:17 It most recently -- club shine was the name of the
14:25:22 business and then there was a pizza restaurant in this
14:25:24 little space that's next to it.
14:25:26 >>ROSE FERLITA: And I am not even sure if this is an
14:25:29 appropriate question.
14:25:31 If I can't ask it I'm sure council will stop me.
14:25:35 But can you share the name of the potential tenant
14:25:38 that's coming in, or would you rather not?
14:25:40 >> To tell you the truth, I don't -- one of my
14:25:44 employees has been doing all of that work.
14:25:46 And off the top of my head, it is an existing business
14:25:52 that's going to be relocating.
14:25:54 I don't know the principals personally.
14:25:59 And at the moment, there's a memorandum for lease.
14:26:01 There's not a signed lease.
14:26:05 So it's not completely done yet.
14:26:08 >>ROSE FERLITA: Just kind of concerned what we were
14:26:10 approving in terms of the extension.
14:26:14 >>MARTIN SHELBY: And Ms. Ferlita, I'm sure you
14:26:15 recognize the fact that wet zoning runs with the land.
14:26:19 >>ROSE FERLITA: Oh, sure.
14:26:22 That's why -- I know it's not contingent on, or
14:26:28 ongoing in perpetuity with business.
14:26:31 It's just a question.
14:26:34 >>GWEN MILLER: Mr. Dingfelder?
14:26:36 >>JOHN DINGFELDER: Jim, what I'm curious about is, you
14:26:43 know what?
14:26:44 I'm going to hold it for discussion.
14:26:46 I don't have a question.
14:26:47 >>GWEN MILLER: Is there anyone in the public that
14:26:48 wants to speak on item 92?
14:26:52 >> Motion to close.
14:26:53 >> Second.
14:26:53 (Motion carried).
14:26:54 >>JOHN DINGFELDER: Here's my comment on this.
14:27:03 Going back two or three years to when I first came on
14:27:06 council, we have had discussion busy what do we want
14:27:08 to do with Ybor, what direction do we want to take
14:27:14 I could have sworn that at a certain point we ended up
14:27:18 with too many bars in Ybor City especially along
14:27:20 7th Avenue and we wanted to try to change the
14:27:24 Then we paid a consultant I'm sure more than $100,000
14:27:26 and came up with pretty much the same result when
14:27:29 talking about the CRA, and where did we want to go
14:27:32 with Ybor City?
14:27:34 And that I remember specifically reading and hearing
14:27:37 testimony from the consultant and also from Mr. Pardo
14:27:41 that what we really want to do is encourage more
14:27:45 restaurants, and more retail.
14:27:47 Now, I am not going to tell them that they should have
14:27:50 But why don't we encourage -- why don't we let this
14:27:55 establishment dry out, and encourage them to open up a
14:27:59 restaurant with the liquor license in an "R" fashion
14:28:04 as opposed to just another straight bar?
14:28:07 Obviously, Mr. Jacobs, you do great jobs for your
14:28:12 We see your signs all over town.
14:28:13 This has nothing to do with you.
14:28:15 But it does have to do with the character and
14:28:17 direction of Ybor City.
14:28:18 And just from a policy perspective, I don't even know
14:28:22 what was in there before.
14:28:24 I'm not familiar with the name or anything.
14:28:26 But just from a policy perspective, don't we want to
14:28:34 encourage Ybor to go in that restaurant?
14:28:37 I throw that to you.
14:28:39 >> I have a question of legal.
14:28:46 >> If Mr. Dingfelder's concern were supported, and
14:28:49 he's talking about a 4(COP), this is a 4(COP-R), and
14:28:53 we went forward with an extension, we couldn't do it
14:28:57 as -- you're saying no.
14:29:00 We can't extend it but extend it as a 4(COP-R).
14:29:03 We would have to go through the whole process?
14:29:06 >>> Yes, before you as a resolution.
14:29:09 >>ROSE FERLITA: And I understand what Mr. Shelby is
14:29:12 saying, that regardless, there might be some business
14:29:17 today and it might be somebody else.
14:29:20 It's not really tied to the business.
14:29:23 But then if he came back, it was drawn up and came
14:29:26 back to apply for wet zoning, at that point given
14:29:28 whatever his plans are that he could choose or not
14:29:31 choose to share with us, co-apply for either a 4(COP)
14:29:35 or a 4(COP-R).
14:29:39 >> That's right.
14:29:40 >> I think the only burden is they would have to start
14:29:42 with the process again.
14:29:44 But, you know, I don't know, Mr. Dingfelder, I'm kind
14:29:46 of torn about this.
14:29:48 Because we do talk about that.
14:29:49 We talk about, well, do you want to wet zone this
14:29:52 parcel, and not know what's going in?
14:29:56 I don't know.
14:29:59 I think I'll make my decision when we have a little
14:30:01 more dialogue.
14:30:03 >>JOHN DINGFELDER: Mr. Harrison, did you hear my
14:30:05 comments about Ybor City?
14:30:07 >>MARY ALVAREZ: I think I did.
14:30:08 You were saying not issuing any more --
14:30:12 >>JOHN DINGFELDER: Well, we talked about trying to dry
14:30:14 out some of the establishments in Ybor which is very
14:30:17 difficult to do.
14:30:18 Here we have an opportunity to dry out an
14:30:21 establishment and maybe encourage them to come back
14:30:24 with a restaurant/bar and "R" use, 4(COP-R), when he
14:30:31 ultimately gets a client.
14:30:34 Right now they are just looking to extend it and put
14:30:36 in another bar.
14:30:39 Is another bar the direction we want 7th Avenue to
14:30:42 And I mentioned the consultant in the study that we
14:30:45 spent a lot of money on.
14:30:47 And the consultant said, let's mix up the uses.
14:30:50 You know, we need to get away from this bar mentality.
14:30:54 That's my recollection.
14:30:56 >>ROSE FERLITA: Another question that I failed to ask
14:30:58 was, I don't think I missed it, but what kind of input
14:31:02 do we have from TPD?
14:31:04 Has there been a problem with that site, with the
14:31:07 tenant that has been there until now?
14:31:11 >> The public hearing has been closed.
14:31:12 >>ROSE FERLITA: I would ask that we move to reopen it.
14:31:15 >>SHAWN HARRISON: Motion and second.
14:31:19 (Motion carried)
14:31:23 >>> Officer Miller: What was the question again?
14:31:25 I'm sorry.
14:31:26 >>ROSE FERLITA: I know they are they were having with
14:31:29 their soon not to be a tenant but what is the history
14:31:32 of that site with this tenant with the same own er?
14:31:35 Have you had a lot of problems?
14:31:36 >>> The previous ones were evicted but that place has
14:31:39 been empty since I have taken over.
14:31:41 So currently, I haven't heard of anything because
14:31:44 there hasn't been nothing there since I have taken
14:31:46 over this position.
14:31:47 For that particular site.
14:31:49 When I went out for inspection and take a look at it,
14:31:51 it's all locked up and closed down, I saw the eviction
14:31:54 notice on the window.
14:31:58 >> But as far as you know there weren't any problems
14:32:02 with that site?
14:32:05 >>> Well, I don't know what problem -- I don't know, I
14:32:08 couldn't tell you.
14:32:08 I would have to go back and review.
14:32:10 >> And how long have you been in this position?
14:32:12 I forgot.
14:32:13 >>> Six months.
14:32:14 >> Has it been closed all this time?
14:32:19 >>> February.
14:32:33 I did an on-site inspection and this was an eviction
14:32:38 notice on the window.
14:32:38 >>ROSE FERLITA: This is hard.
14:32:40 I understand what Mr. Dingfelder is saying.
14:32:42 But we are also causing way think might be an undue
14:32:46 burden on the owner for what has been a problem site
14:32:51 and I know you don't have the history for that.
14:32:58 I'm going to support giving them the extension.
14:33:00 I don't know where it's going to go.
14:33:02 But of course because if something comes in there
14:33:05 that's not appropriate, or doesn't do the right thing,
14:33:07 and you also have the opportunity to come back and do
14:33:10 something about it.
14:33:10 But at this point, I don't know of any history at that
14:33:14 site that causes me pause in terms of saying no.
14:33:16 So I think it has to be a case-by-case issue.
14:33:20 And --
14:33:24 >>SHAWN HARRISON: Ms. Alvarez, Mr. Dingfelder, then
14:33:27 Mr. White.
14:33:27 >>MARY ALVAREZ: I'm inclined to go with what Mr.
14:33:30 Dingfelder said.
14:33:32 Simply for the reason that we are trying to change the
14:33:34 demographics of what's going on in the 7th Avenue.
14:33:39 And like he said, this is a good start for us.
14:33:43 So it's not an easy decision.
14:33:49 But I have heard -- it's not good that this was an
14:33:54 eviction notice posted on there.
14:33:58 That's not a good thing.
14:33:59 And so I'm going to support Mr. Dingfelder.
14:34:07 >>SHAWN HARRISON: Do we have any other comments or
14:34:09 questions, or can we re-close the hearing?
14:34:13 >>> Move to close.
14:34:14 >> Second.
14:34:14 (Motion carried).
14:34:14 >>JOHN DINGFELDER: Okay, I'll go ahead and put this to
14:34:19 And I do want to mention one thing, Rose.
14:34:22 It appears looking at the staff report that it says
14:34:25 that the 120-day, I guess, administrative extension
14:34:30 expired June 1st, 2006.
14:34:33 I'm reading from the staff report.
14:34:35 So I don't know if that makes any difference one way
14:34:37 or the other but it's kind of interesting that they
14:34:42 got an administrative extension for three months,
14:34:44 which is fine, our rules allow that.
14:34:47 Expires June 1st. Anyway, with all of that said,
14:34:51 I am going to move to deny.
14:34:54 I believe -- we have competent, substantial evidence
14:34:59 as related to this, not just this building but also as
14:35:03 related to the Ybor City, 7th Avenue district as a
14:35:07 whole, that indicates that in this particular case,
14:35:14 this is -- the staff report doesn't say what other
14:35:18 locations are near this.
14:35:19 But I know there are other locations that are within
14:35:22 1,000 feet.
14:35:23 Do you have any idea of how many?
14:35:30 Or Mr. Shelby, I need to be careful on this, if Mr.
14:35:34 Shelby feels --
14:35:35 >>MARTIN SHELBY: If you are going to be asking for
14:35:37 testimony, that would actually become or could become
14:35:40 competent, substantial evidence --
14:35:44 >>JOHN DINGFELDER: Do you feel it's important to put
14:35:45 competent, substantial evidence to within a thousand
14:35:50 >>MARTIN SHELBY: Certainly wouldn't hurt.
14:35:52 >>MARY ALVAREZ: Move to open.
14:35:53 >> Second.
14:35:53 (Motion carried).
14:35:56 >>JOHN DINGFELDER: I apologize.
14:35:57 So does the staff have any indication of how many
14:35:59 other locations are within a thousand feet?
14:36:02 >>> We don't request the information about other wet
14:36:05 zonings within 1,000 feet.
14:36:08 It's not required.
14:36:09 >>MARY ALVAREZ: You don't?
14:36:11 >>JOHN DINGFELDER: Do you have any personal knowledge
14:36:12 of other locations within a thousand feet?
14:36:14 >>> I don't.
14:36:16 >> Does any other staff?
14:36:34 Mr. Snelling?
14:36:35 Do you have any other personal knowledge of any other
14:36:38 location that is might be within a thousand feet of
14:36:40 this location?
14:36:41 >>THOM SNELLING: No, sir, I do not.
14:36:42 >>JOHN DINGFELDER: All right, move to close.
14:36:44 >>MARY ALVAREZ: Second.
14:36:45 >>SHAWN HARRISON: Motion to close and second.
14:36:47 >>ROSE FERLITA: I don't have any questions from them,
14:36:51 Mr. Harrison, but there are several within a thousand
14:36:58 foot distance.
14:36:59 That's the problem here.
14:37:03 He had a bad tenant and an eviction.
14:37:06 And depending on how picky, let's say, for lack of a
14:37:09 better word, the owner is to get the right tenant and
14:37:13 negotiate the lease, then I really think we are
14:37:18 causing an undue burden by making him hurry up, or
14:37:21 have hurried up in order to get a tenant.
14:37:24 Now, I know that the mood of the council has been to
14:37:28 want to not have so many bars down there.
14:37:30 But that should be used in a situation where somebody
14:37:33 is coming in, brand gnaw owner, not been wet zoned and
14:37:39 let's determine if we want to do that.
14:37:41 Here is this guy with this corporation, whatever it
14:37:43 is, I don't know, trying to rehab the place, get it
14:37:46 done, 120 days sounds like a lot but it's not.
14:37:48 You have to rehab, pick the right tenant, you have to
14:37:51 do all these things.
14:37:51 When it comes back in, he's applying under a brand new
14:37:55 set of criteria, because all these bars are around
14:37:57 him, and so it's going to be the issue within the
14:38:02 1,000 feet.
14:38:07 I know we want stuff to thrive on Tuesdays, Wednesdays
14:38:09 and Thursday that are typically not bar nights.
14:38:13 But I think we are faulting the owner because he had a
14:38:15 bad tenant.
14:38:17 We have to look at the other side of the podium and if
14:38:19 I were in his shoes or the person he's representing, I
14:38:22 don't think that would be a fair choice.
14:38:24 In good conscience, I cannot support it.
14:38:27 >>SHAWN HARRISON: We are still in the closed meeting.
14:38:32 We haven't been able to vote on it yet.
14:38:34 >>MARY ALVAREZ: This might give the owner incentive to
14:38:37 find a restaurant where they come in with a 4(COP-R),
14:38:41 whereas if we are giving them the 4(COP), he's just
14:38:46 going to go with another bar.
14:38:47 >>ROSE FERLITA: I agree that gives him more latitude
14:38:50 about who he rents to.
14:38:51 But Ms. Alvarez, we don't want to be marked as saying
14:38:57 every bar is bad.
14:39:00 There could be a jazz bar for older people or
14:39:02 something else.
14:39:03 But still again, we are always have a mechanism.
14:39:09 If his clients decides to lease to the wrong people
14:39:11 that are not a good business, then guess what, they'll
14:39:13 be back here and we'll be talking about pulling it.
14:39:18 It's going to be a matter of just reference
14:39:21 I'm looking at it differently from you.
14:39:22 I certainly appreciate what you're trying to do and
14:39:25 what Mr. Dingfelder is trying to do.
14:39:26 But we are trying to get to it in a different way.
14:39:29 So my position is still the same.
14:39:30 >>KEVIN WHITE: Thank you, Mr. Chairman.
14:39:39 Ms. Kert just clarified the 4(COP) versus the
14:39:43 So the tenant can still have a restaurant go in there.
14:39:47 >>REBECCA KERT: Yes, that is correct.
14:39:48 >> And they can still have that option.
14:39:51 It is the tenant's option.
14:39:56 4(COP-R), then it's 51%.
14:39:58 But it's a 4(COP) now.
14:40:01 He would still have the option of trying to find a
14:40:12 He can put a restaurant in a 4(COP).
14:40:18 >>MARY ALVAREZ: It doesn't have to be incidental --
14:40:20 >> Doesn't have to be.
14:40:21 But just in the spirit of fairness.
14:40:24 I do know what platforms was before.
14:40:27 I know there was another tenant in between.
14:40:29 I guess the one they are trying to evict now and
14:40:32 platforms was an older type establishment which would
14:40:35 have been more encouraging for the Ybor City area.
14:40:38 I don't know why they left.
14:40:41 But that's neither here nor there.
14:40:45 But I would be inclined to allow you the opportunity
14:40:47 as well to try and find a suitable client.
14:40:50 And you feel the urging of this council.
14:40:55 So you are under contract now of trying to find a
14:40:59 tenant, whether a restaurant or combination of both.
14:41:06 You know what the sentiment of the council is, and you
14:41:10 want a suitable tenant.
14:41:11 And obviously someone that's coming in doesn't want to
14:41:14 come in to Ybor to fail.
14:41:21 It's going to be an expensive proposition for you as
14:41:24 well as your tenant.
14:41:25 So I would be inclined to go with you.
14:41:27 >>SHAWN HARRISON: Motion and second to close.
14:41:28 (Motion carried).
14:41:29 >>JOHN DINGFELDER: Try again?
14:41:32 I apologize.
14:41:32 Mr. Shelby points out, it's a different standard for
14:41:38 an extension.
14:41:39 Section 3-90 (G) says the extension of time authorized
14:41:44 herein shall be granted only upon a showing of good
14:41:46 cause by the petitioner and the granting of the
14:41:49 extension shall be discretionary with council.
14:41:51 So that's why they didn't give us the full typical
14:41:55 report, because it's a different standard.
14:41:56 This standard is, have you made a showing of good
14:42:01 In my case I'm going to make a motion to say no.
14:42:04 It's based on competent substantial evidence that I
14:42:06 have heard.
14:42:07 I believe we have the discretion to deny this, because
14:42:10 there's been a lack of showing of good cause by the
14:42:15 And just to follow up, I agree with you 100%, the
14:42:19 minute we give them the 4(COP), there is no incentive
14:42:22 whatsoever for them to go find a restaurant.
14:42:24 So in this case, if we deny it, then there is great
14:42:28 incentive to find a restaurant because EL he's hearing
14:42:31 now and clear we would love to approve an R
14:42:34 establishment on the site and change Ybor.
14:42:39 >> Motion and second.
14:42:40 Further discussion?
14:42:41 All in favor of denial signify by saying Aye.
14:42:48 Motion fails 3-2.
14:42:50 We carry it over.
14:42:58 >> The motion to deny fails.
14:43:05 The next regular meeting would be next week.
14:43:08 >> Under unfinished business?
14:43:33 It's 4-C.
14:43:36 Subject of agenda item and four votes are not obtained
14:43:39 either in support or opposition to the matter, the
14:43:41 matter shall automatically be brought before council
14:43:43 at the next regular council meeting as unfinished
14:43:48 >>SHAWN HARRISON: Okay.
14:43:49 So you will be on the agenda for next week.
14:43:52 >> In the morning?
14:43:53 >>> It will be the morning.
14:43:54 Thank you.
14:43:55 >>MARY ALVAREZ: Move to open number 93.
14:43:58 >> Second.
14:43:58 (Motion carried).
14:44:05 >>> Land development.
14:44:06 The location is 4215 west Hillsborough Avenue.
14:44:17 WZ 06-106.
14:44:38 Granted a 2(COP-R) wet zoning, and they are looking
14:44:47 for the R.
14:44:48 And two wet zoned properties within 1,000 feet.
14:44:57 1,000 distance.
14:45:01 There are also two rots,
14:45:11 They are within 1,000 distance.
14:45:25 They need City Council to waive the distance
14:45:31 Land development has no objection.
14:45:37 There is an objection.
14:45:38 I think you have it.
14:45:39 Also the petition was forwarded to the Tampa Police
14:45:41 Department for their review.
14:45:43 Thank you.
14:45:44 >>SHAWN HARRISON: TPD?
14:45:46 >>> Officer Miller, I have been sworn.
14:45:48 We have no objection to this wet zoning.
14:45:49 >>SHAWN HARRISON: This is just going from a 2(COP-R)
14:45:53 to a 4(COP-R), right?
14:45:55 That's it?
14:46:02 >> Bruce McLaughlin, 9 hoop Gulf Boulevard, Indian
14:46:06 rocks beach for the petitioner.
14:46:08 I have a fairly lengthy presentation prepared.
14:46:11 I don't believe we have any opposition.
14:46:12 >>SHAWN HARRISON: Let's check that out.
14:46:14 Is there anyone in the public who would like to speak
14:46:16 on item number 93?
14:46:18 >>KEVIN WHITE: Move to close.
14:46:19 >>SHAWN HARRISON: Move to close and second.
14:46:21 (Motion Carried)
14:46:25 Sandy, would you hand that up to Mr. White?
14:46:28 >>KEVIN WHITE: Move an ordinance repealing ordinance
14:46:42 number 86-88-A making lawful the sale of beverages
14:46:46 containing alcohol regardless of alcoholic content,
14:46:48 beer, wine and liquor, 4(COP-R), for consumption on
14:46:51 premises only in connection with a restaurant business
14:46:53 establishment on that certain lot, plot or tract of
14:46:58 land 4215 west Hillsborough Avenue, Tampa, Florida,
14:47:01 described in section 3 hereof, waiving certain
14:47:03 restrictions of distance based upon certain findings
14:47:06 repealing for ordinances in conflict, providing an
14:47:12 effective date.
14:47:13 >>SHAWN HARRISON: We have a motion and second.
14:47:15 >>THE CLERK: Alvarez, no.
14:47:19 >>MARY ALVAREZ: No close to the school.
14:47:21 >>SHAWN HARRISON: Same thing.
14:47:28 You will be on the agenda next week.
14:47:31 We need a motion to open number 94.
14:47:33 >> So moved.
14:47:34 >> Second.
14:47:34 (Motion carried)
14:47:43 So moved.
14:47:44 >> Second.
14:47:44 (Motion carried).
14:47:45 >>SHAWN HARRISON: 94 is now open.
14:47:47 >>> Land development.
14:47:50 WZ 06-107.
14:47:54 4420 West Gandy Boulevard.
14:48:10 The petitioner is requesting 4(COP-R), in conjunction
14:48:13 with the restaurant in 2001.
14:48:15 Ordinance number 2001-245, from 2(COP-R) to 4(COP-R)
14:48:27 what they are asking for.
14:48:34 There are also three residential properties in the
14:48:39 1,000 distance.
14:48:45 Petitioner would like to have a 6 feet high concrete,
14:48:51 access to residential lots.
14:49:03 Petitioner is requesting City Council to waive the
14:49:06 distance requirement.
14:49:08 The sale of alcohol is incidental.
14:49:11 Land development has in a objection to the request.
14:49:20 >>SHAWN HARRISON: TPD?
14:49:23 >>> Officer Miller, City of Tampa police department.
14:49:25 We have no objections to this petition.
14:49:28 >>SHAWN HARRISON: Petitioner?
14:49:32 >>> Bruce McLaughlin, for the petitioner.
14:49:36 Again, I have a fairly lengthy presentation.
14:49:42 I know it's been dealt with.
14:49:44 Mr. Dingfelder came back to the room for the last one.
14:49:49 If you could reopen it.
14:49:51 >>SHAWN HARRISON: No, we can't do that.
14:49:55 But we can make sure that we probably have four.
14:50:01 Although I can't guarantee you.
14:50:03 >>ROSE FERLITA: Just as an apologize, we didn't have a
14:50:07 quorum at the time.
14:50:09 I had to talk to my dog's vet and I couldn't be here.
14:50:12 I apologize.
14:50:18 >>SHAWN HARRISON: She was multi-tasking.
14:50:22 We have five now.
14:50:23 Anyone that would like to speak on item number 94?
14:50:26 >> Move to close.
14:50:28 >> Second.
14:50:28 (Motion carried).
14:50:29 >>KEVIN WHITE: Try it again.
14:50:34 >> Do you want to read this one?
14:50:36 >>MARY ALVAREZ: You're not close to any schools or
14:50:42 churches for that matter so you're okay.
14:50:46 Move an ordinance repealing ordinance 2001-245 making
14:50:49 lawful the sale of beverages containing alcohol
14:50:53 regardless of alcohol eastbound content beer, wine and
14:50:54 liquor 4(COP-R) for consumption on premises only in
14:50:58 connection with a restaurant establishment on that
14:51:02 lot, plot or tract of land at 4420 West Gandy
14:51:05 Boulevard, Tampa, Florida as more particularly
14:51:07 described in section 3 hereof, waiving certain
14:51:11 restrictions as to distance based upon certain
14:51:13 findings, providing for repeal of all ordinances in
14:51:18 conflict, providing an effective date.
14:51:20 >> We have a motion and second.
14:51:21 Discussion on the motion?
14:51:25 Motion carries unanimously.
14:51:29 Item 95.
14:51:32 It's already done.
14:51:34 >> Move to open 95.
14:51:36 >>> Land development.
14:51:37 Number 95.
14:51:38 WZ 06-108.
14:51:40 The petitioner filed the application on time.
14:51:44 Everything was done on time.
14:51:46 But didn't get the notice saying it would be on
14:51:54 today's agenda.
14:51:55 So he's here with us.
14:51:57 And he never got it from clerk's office.
14:52:00 >>SHAWN HARRISON: What are our options?
14:52:10 >>> Asking for a public hearing on the 21st of
14:52:13 And also because of this, he's asking to amend the
14:52:21 amendment fee.
14:52:23 >>SHAWN HARRISON: We have already done that already
14:52:25 for one of these this morning.
14:52:27 Pushed it off to September 21st.
14:52:30 Petitioner, why do you think we should waive the fee
14:52:33 for you?
14:52:34 >> Because I was told by the representative that was
14:52:39 helping me with the application, by the 18th to
14:52:46 get a letter in the mail about today's date, the
14:52:50 hearing, so I can do my mailout.
14:52:52 Thursday prior to my hearing date, which is today,
14:52:54 supposed to be.
14:52:56 I didn't get this letter.
14:52:57 I went back on the 19th of July.
14:53:00 She told me it's already too late to do this.
14:53:04 You have to schedule.
14:53:06 She spoke with the supervisor.
14:53:08 The supervisor said that I will ask the to waive the
14:53:14 fee because it is our mistake, we shouldn't tell you
14:53:16 that, to waive until the 18th.
14:53:19 You should have just checked with us.
14:53:21 It's my first time doing this.
14:53:22 I never did it before.
14:53:24 So I didn't know how to go with it.
14:53:27 >>SHAWN HARRISON: That's fine.
14:53:29 Your name for the record?
14:53:31 >>> My name is Thomas SELEH.
14:53:41 >>ROSE FERLITA: Should waive the fee and also
14:53:44 >>SHAWN HARRISON: Motion to waive the fee and continue
14:53:46 to September 21st.
14:53:51 10 a.m.
14:53:52 >>SHAWN HARRISON: Motion and second.
14:53:52 (Motion carried).
14:53:55 >>THE CLERK: Also need to have the notices out within
14:53:59 the next four days.
14:54:00 >>SHAWN HARRISON: You're going to have some other work
14:54:02 to do so you will need to get with staff to make sure
14:54:04 that you do it.
14:54:06 Item number 96.
14:54:10 Motion and second.
14:54:11 (Motion carried)
14:54:17 >>> Land development.
14:54:19 Next case is WZ 06-112, the location is 410 South
14:54:24 Howard Avenue.
14:54:33 The petition is requesting a wet zoning to sell beer
14:54:37 and wine in conjunction with on the premises, the
14:54:42 alcohol sales ever incidental.
14:54:44 According to the petitioner, there will be a 50 seats
14:54:49 on the premises, located inside the premises.
14:54:55 A restaurant, and retail beer and wine.
14:54:57 As you can see, wet zoned properties within 1,000 feet
14:55:08 distance, also residential properties which you can
14:55:10 see, 52, 116, and RM-24.
14:55:20 Under code you can waive the distance separation.
14:55:23 You can get residential with the section that actually
14:55:30 allows you to waive the distance separation even if
14:55:33 the use of alcohol will not be incidental.
14:55:51 They are asking for 2(COP).
14:55:54 >>SHAWN HARRISON: Are there objections?
14:56:00 >>> No objections from the land development.
14:56:08 >> Do you know or do we have to ask the petitioner why
14:56:18 they are not doing a 2(COP-R)?
14:56:21 I think you said that it's going to be a restaurant
14:56:27 >> These what they stated on the application.
14:56:31 But I don't know why they asked us.
14:56:34 I wasn't there.
14:56:37 >>SHAWN HARRISON: Do you have questions?
14:56:39 >>ROSE FERLITA: I think it's going to be answered.
14:56:42 I'll wait.
14:56:43 >>> Officer Miller, Tampa Police Department.
14:56:45 I have reviewed this case personally.
14:56:47 And there are some comments from the district
14:56:49 commander as to parking in the South Howard area.
14:56:52 Seems to be always an issue for that area.
14:56:56 Just the parking.
14:56:56 Other than that we have no objection.
14:56:59 >>SHAWN HARRISON: Thank you.
14:57:07 >> Richard Azar, petitioner.
14:57:12 I have been sworn.
14:57:17 What I am asking for is the beer and wine license.
14:57:24 I'm losing a lot of customers because -- we are not a
14:57:39 bar, not a club, not a nightclub, just a small
14:57:44 >>SHAWN HARRISON: Mr. Dingfelder?
14:57:45 >>JOHN DINGFELDER: Sir, are you familiar with the
14:57:47 2(COP-R) designation that the restaurant designation?
14:57:53 >>> Exactly, no.
14:57:54 I read it.
14:57:55 Actually, they explained.
14:57:56 I think he would decided to apply for a 2(COP).
14:58:01 >>JOHN DINGFELDER: Why?
14:58:04 >>> The customer likes the wine, have fine wine from
14:58:11 If they like the wine they can buy a bottle and take
14:58:13 If they didn't finish the bottle they can close it and
14:58:16 take it with them.
14:58:21 Meaning when you spend a lot of money for a bottle of
14:58:23 wine you don't want to leave it for the cook.
14:58:26 Which I am.
14:58:28 [ Laughter ]
14:58:28 >> What is there right now?
14:58:31 Is it called Soho oasis?
14:58:34 >> It's a Lebanese restaurant.
14:58:37 >> And what is next to it?
14:58:41 >> Right across from them.
14:58:43 >> Across the street?
14:58:45 >> Yes.
14:58:45 >> Okay.
14:58:48 >>ROSE FERLITA: Sir, are you the first tenant this?
14:58:55 What was there before you?
14:58:59 >>> There used to be a deli on one side and the other
14:59:03 side used to be watch repair.
14:59:06 I forgot the name of it.
14:59:07 But I combined them back together.
14:59:09 And I opened the outside.
14:59:12 >> The deli cannot have any kind of wet zoning?
14:59:14 >> No, I know in 1995 it was wet zoned.
14:59:18 I don't know what was there in '95.
14:59:20 >> But it wasn't a bar establishment?
14:59:22 >>> No.
14:59:23 >> That's what I wanted to hear.
14:59:25 >> The white building?
14:59:30 There was a florist this before?
14:59:33 >> Yeah, they closed down.
14:59:42 >>SHAWN HARRISON: Is there anyone in the public that
14:59:44 would like to be speak on this item?
14:59:45 >> My name is Walter crumbly.
14:59:56 I certainly enjoyed spending the day with you today.
15:00:00 I'm the president of the Courier City Oscawana
15:00:06 resident homeowners this morning.
15:00:08 I was sworn this morning and I assume it carries over.
15:00:12 I have been in this place.
15:00:14 I have not been there to eat.
15:00:16 Three of my cohorts in the association all sent me
15:00:19 e-mails and said it's a great place to eat.
15:00:22 And the association likes to support small
15:00:27 neighborhood businesses.
15:00:29 And for that reason, we are in favor of giving him
15:00:33 this license.
15:00:36 But we still have the same concerns that we have
15:00:39 always had.
15:00:42 He's got eleven parking spaces.
15:00:50 He's got seating for 50 people.
15:00:52 And the parking is flawed in that it assumes people
15:00:56 are going to come four to a car, which more often than
15:01:01 not is not the case.
15:01:02 The unfortunate part then becomes when they can't park
15:01:05 there, they are going to go around the corner and park
15:01:07 in front of my house.
15:01:10 And the City of Tampa police don't like that because
15:01:12 they come out and write all these tickets but it just
15:01:19 gets annoying to me and people that get the tickets
15:01:22 are annoyed and they throw rocks through my window oh
15:01:28 and break my shutters and glass and that sort of
15:01:31 So I want you to consider that maybe it's time to
15:01:34 tighten the tap a little, because we are starting to
15:01:38 call our neighborhood now little Ybor, within a
15:01:42 thousand feet of this place, you have got one wine
15:01:48 shop and nine other establishments that serve wine or
15:01:51 beer or liquor all three.
15:01:55 And at some point in time, you really need to say,
15:01:58 enough is enough.
15:01:59 You don't want to hurt this guy.
15:02:01 He's got a great restaurant.
15:02:03 We lake to go there and we like to eat there.
15:02:05 But we certainly are getting very concerned over it.
15:02:09 As always the parking issue keeps coming back.
15:02:15 You all visited that on item 4.
15:02:17 And we would certainly like a lot more input on that.
15:02:21 Any more questions I would be happy to answer.
15:02:23 >> I have a question.
15:02:26 Do you think that if he's able to serve wine and beer
15:02:30 there, that that will exacerbate the parking
15:02:34 Or is it really truly going to have any impact on it?
15:02:38 >> Well, as I say, you know, the approval of the
15:02:41 parking on 12 spaces is kind of premised vaguely that
15:02:48 there's going to be four people in each car.
15:02:50 >> That's not before us.
15:02:52 >> That's right.
15:02:55 If you have only two people in each car you are going
15:02:59 to end up with a lot of extra cars to go someplace
15:03:02 You know, I think he's done a good job setting the
15:03:05 thing up.
15:03:06 And we certainly would like to see him have the
15:03:09 But we are still consistently concerned about putting
15:03:14 more and more businesses in there at night with
15:03:19 parking issues.
15:03:22 >> Sir, step back up here for a second.
15:03:26 What are your operations -- hours of operation?
15:03:29 >> Five to midnight.
15:03:32 We close on Monday.
15:03:34 >> Other nights of the week.
15:03:37 >> And I live upstairs.
15:03:39 And I am bothered by the noises across the street.
15:03:45 And the other thing is, if I get the beer and wine or
15:03:48 if I don't get the beer and wine I still have parking
15:03:50 and two car garage and that makes 14 and I still have
15:03:55 50 seats and still have the business so the customers
15:03:58 going to be the same if they drink or not.
15:04:00 The only thing is instead of turning my tables once or
15:04:02 twice a day, I can turn them, at night, I can turn
15:04:06 them three and four times and make more profit, that's
15:04:09 >> Are there any other questions by council members?
15:04:12 Motion to close and second.
15:04:14 Mr. Dingfelder?
15:04:14 >> I have a question for Mr. Azar.
15:04:23 I think this is one that perhaps begs for a
15:04:26 conditional approval, and also for the "R"
15:04:30 designation, as a restaurant.
15:04:32 Do you serve -- when you start serving beer and wine,
15:04:37 do you anticipate your food sales will still be at
15:04:40 least 51% of your --
15:04:44 >>> And maybe more.
15:04:46 >> 51% of your total gross?
15:04:48 >>> And more.
15:04:49 >> So that's what the "R" does. The require requires
15:04:52 that you maintain at least 51% of your --
15:04:56 >>> And I believe the "R" does not allow to go.
15:05:01 >> Correct.
15:05:02 I'm not that thrilled about the to-go.
15:05:05 >> Like I say in the beginning, if somebody would like
15:05:10 wine from overseas they are not going to find it
15:05:15 I mean --
15:05:17 >> You are saying you have a specialty line?
15:05:19 >> Yes.
15:05:20 They cannot find it except my place.
15:05:22 >> Do you understand what we say about a one-year
15:05:26 >> Yes, I do.
15:05:26 >> Would you be willing to accept the one year
15:05:29 conditional, which means you come back a year from now
15:05:31 to show us that everything is going good and you are
15:05:36 good neighbors?
15:05:36 >> If that's the only choice I have, why should I not
15:05:39 accept it?
15:05:40 >>I didn't say it was the only choice you have.
15:05:41 >> I would prefer to finish it now and get 2(COP) and
15:05:45 done with it.
15:05:45 I have been there for two years.
15:05:47 And nobody has nothing to say about me but good.
15:05:51 The place was run down.
15:05:54 And now there's $300,000 invested in that place that
15:05:59 looks nice.
15:06:03 >> From just a straight learning perspective, and I
15:06:06 think Mr. Harrison is probably right the parking issue
15:06:08 may not be in front of us today but I'm just curious.
15:06:11 Is that typical that a 50 seat restaurant would only
15:06:14 require 12 or 13 spaces?
15:06:17 >> I don't think that's actually a legal question.
15:06:19 I think I would have to defer to staff as to what your
15:06:24 code requires.
15:06:25 >> The restaurant is actually not that easy.
15:06:31 They have to calculate the feet, how many feet they
15:06:33 are going to have in the restaurant.
15:06:34 They are going to calculate space, the kitchen area,
15:06:37 they are going to calculate the space of the
15:06:40 restaurant area.
15:06:43 It's not that owes I.
15:06:45 The percentage of the area.
15:06:47 So they have probably two choices.
15:06:49 They can ask the zoning administrator for a waiver on
15:06:54 the parking requirement.
15:06:55 And the next, they can go in front of the VRB board
15:07:00 and ask for the reduction of the parking space.
15:07:03 >>SHAWN HARRISON: We have a motion to close and a
15:07:10 All in favor to close signify by saying Aye.
15:07:12 >>ROSE FERLITA: I think we have had some discussion
15:07:15 before about the existing wet zones on Howard Avenue,
15:07:19 and certainly everyone is individual and separate.
15:07:22 But looking at this, when it wasn't a wet zoned
15:07:24 property, they have got residential property, two of
15:07:28 them actually, within a thousand feet.
15:07:31 They have wet zoned properties, numerous to mention,
15:07:34 within a thousand feet.
15:07:35 There's some question about the parking capability.
15:07:41 So I will not be supportive of this.
15:07:43 As a matter of fact, I'll move to deny.
15:07:45 >>SHAWN HARRISON: A motion to deny.
15:07:46 Is there a second?
15:07:48 The motion dice for lack of second.
15:07:51 Mr. White?
15:07:51 >>KEVIN WHITE: I was going to go ahead and move for
15:07:56 >> Motion for approval.
15:07:57 Is there a second?
15:08:00 >>MARY ALVAREZ: Second.
15:08:01 I just want to know if Mr. Azar agreed.
15:08:05 >>SHAWN HARRISON: This is a straight 2(COP).
15:08:11 Any discussion on the motion?
15:08:15 >> Move an ordinance making lawful the sale of
15:08:17 ordinances containing alcohol of not more than 14%
15:08:23 beer and wine for couples on premises and sealed
15:08:26 containers for couples off premises at that certain
15:08:31 lot plot or tract of land, Tampa, Florida more
15:08:35 particularly described in section 2 hereof based upon
15:08:37 certain findings imposing certain conditions providing
15:08:40 for repeal of oh all ordinances in conflict, providing
15:08:42 an effective date.
15:08:44 >> We have a motion and a second.
15:08:48 >>JOHN DINGFELDER: I'll support the motion.
15:08:49 I would obviously rather see a condition but I'll
15:08:53 support it.
15:08:53 The neighborhood seems comfortable with it.
15:08:55 And came down and told us the neighborhood is
15:08:59 comfortable with it.
15:09:00 >>ROSE FERLITA: I'm sorry, is that what he said?
15:09:03 You're in support of this?
15:09:05 >>> We support the neighborhood --
15:09:09 >>ROSE FERLITA: Yeah.
15:09:10 >> It's one of those things that is outside the public
15:09:17 >>JOHN DINGFELDER: That's what I thought I heard
15:09:18 Walter say.
15:09:19 >>SHAWN HARRISON: Motion and second.
15:09:23 Any discussion?
15:09:24 >>ROSE FERLITA: I want to bring for discussion he is
15:09:26 going to have a full 2(COP) with being able to sell
15:09:30 package liquor in an area that is already density,
15:09:33 density used for -- Howard Avenue, I don't know, but.
15:09:47 >>MARTIN SHELBY: I just want a clarification.
15:09:48 I'm sure the 2(COP) is for beer and wine.
15:09:52 When you said liquor, you meant beer and wine, is that
15:09:57 >>ROSE FERLITA: Yes.
15:09:58 Package is what I'm concerned about.
15:10:00 >>SHAWN HARRISON: I too with Mr. Dingfelder would have
15:10:02 felt more comfortable with a conditional.
15:10:04 And I still feel that way.
15:10:05 So all in favor of the motion signify by saying Aye.
15:10:09 Opposed, Nay.
15:10:17 That is held over till next week.
15:10:19 So one of the things you might consider when you come
15:10:20 back next week is asking for a one-year conditional on
15:10:29 >> It will be something to consider.
15:10:31 Back next week for a tie breaking vote.
15:10:34 It's not conditional at all right now.
15:10:36 Remember, you said you didn't want to --
15:10:39 >> Didn't want the conditional.
15:10:40 >> Talk to legal.
15:10:41 They can explain it.
15:10:42 >>SHAWN HARRISON: They might be able to help you out.
15:10:44 >>KEVIN WHITE: Move to the open number 97.
15:10:48 >> Second.
15:10:48 (Motion carried).
15:10:49 >> 97 is now open.
15:10:55 >>> Land development.
15:10:56 The next case is WZ 06-114 .
15:11:19 The petitioner is requesting 4(COP-R) as a sidewalk
15:11:28 A cafe in association with the restaurant.
15:11:30 The wet zoning application license was granted in
15:11:40 The request for alcoholic beverage classification may
15:11:42 be less but not greater than the alcoholic beverage
15:11:47 zoning classification assigned to the restaurant.
15:11:52 At the time of the application the petitioner is
15:11:54 requesting to operate, to the date of the report, has
15:12:05 not been issued.
15:12:17 Otherwise the petition, the requirements by section
15:12:25 54, in granting certain restrictions.
15:12:27 We actually don't have to follow the application.
15:12:33 Land development has in a objection to the request.
15:12:36 >>SHAWN HARRISON: Thank you.
15:12:43 No objection?
15:12:45 Let the record reflect I did ask.
15:12:53 >>> Leslie Shirrah.
15:12:57 >> Is there anyone that would like to be speak on item
15:13:01 Question, Mr. Dingfelder.
15:13:02 >>JOHN DINGFELDER: Is this the rooftop establishment?
15:13:05 You were here in front of us before.
15:13:07 >>> Yes.
15:13:08 >> And what are we changing?
15:13:09 Was that 2 dop R -- 2(COP-R)?
15:13:14 >>> No, trying to wet zone the sidewalk cafe in front
15:13:17 of the building because you can't do it at the same
15:13:20 >>ROSE FERLITA: Mr. Harrison -- this is the same
15:13:25 Last time you didn't wet zone the whole footprint.
15:13:28 >>> You can't wet zone the whole footprint because my
15:13:30 property is on zero property line so I'm actually wet
15:13:33 zoning city property right now.
15:13:34 >> Just for clarification.
15:13:36 I don't have a problem with this at all, 4(COP-R).
15:13:38 That's what we want to do with Franklin Street, make
15:13:41 it be vibrant again.
15:13:43 I'm certainly in support.
15:13:45 >> An outdoor cafe.
15:13:46 >> there's -- as long as there's no doggy food in my
15:13:55 parking lot.
15:13:58 >> Move to close.
15:13:59 >> Second.
15:13:59 (Motion carried).
15:14:00 >>SHAWN HARRISON: Mr. Shelby, we just want to make
15:14:05 sure that it's okay for me to vote on this item.
15:14:09 I don't believe we were within the notification
15:14:14 And I think that I voted on this location before.
15:14:18 So let me know.
15:14:19 >>MARTIN SHELBY: I had the opportunity to briefly
15:14:22 review the file.
15:14:23 I don't see your name associated as a noticed party.
15:14:29 You are within a sufficiently large class, would not
15:14:34 inure special private gain or loss and it would be my
15:14:38 opinion that you should vote.
15:14:39 >>ROSE FERLITA: Shawn, it all comes down to whether or
15:14:42 not you have a dog.
15:14:43 >>> In a dog but it's a great place.
15:14:44 You're a good addition to the neighborhood.
15:14:46 Good food.
15:14:47 Very nice atmosphere.
15:14:50 Do we have an ordinance?
15:14:51 >>THE CLERK: You have the resolution authorizing.
15:14:57 >>KEVIN WHITE: Move the resolution.
15:14:59 >> Second.
15:15:00 (Motion carried).
15:15:00 >>SHAWN HARRISON: Thank you.
15:15:05 Is that it, clerk, for the numbered items on the
15:15:10 >>KEVIN WHITE: Move to receive and file all documents.
15:15:12 >> Second.
15:15:12 (Motion carried).
15:15:13 >>SHAWN HARRISON: information reports, new business,
15:15:17 starting with Mr. White.
15:15:19 >>KEVIN WHITE: Just a brief update on what I said --
15:15:22 what I said last week, West Tampa, after Geraldine
15:15:27 Barnes did pass on yesterday in the afternoon.
15:15:29 And he would want to send out our condolences to her
15:15:33 And prayers in their tame of bereavement.
15:15:40 >> I worked with Ms. Barrenes on many campaign and she
15:15:44 was a great lady, great community activist.
15:15:46 We'll all miss her.
15:15:49 >>SHAWN HARRISON: Anything else, Mr. White?
15:15:52 Ms. Ferlita?
15:15:53 >>ROSE FERLITA: Mr. Chairman, yes, thank you.
15:15:54 I have been looking forward to bringing this to the
15:15:58 audience's attention and to yours.
15:16:02 If you remember awhile back we gave an award to
15:16:05 firefighter digman and he had his little league
15:16:08 daughter with him who was five years old and Lee was
15:16:13 in a wheelchair and suffers from something called
15:16:16 osteogenesis inifecta, and bones just break and crack
15:16:30 for no reason at all.
15:16:32 And the Shriners hospital has been incredible with
15:16:35 this young lady.
15:16:37 Mr. Dittman talked, and this Saturday, at a la carte,
15:16:44 they are going to have a fund raiser to say thank you
15:16:46 to the Shriners.
15:16:50 As we all know they do this free and take care of all
15:16:53 the children they can.
15:16:54 They have had a little bit of a setback in terms of
15:16:56 funding, and some people that will understand, to be
15:17:00 committed for one reason or another not be able to do
15:17:05 I just ask the listening audience if they can attend
15:17:09 it's certainly a well worthwhile fund-raiser.
15:17:14 They are not asking for a particular amount, just a
15:17:17 But it is so worth it and this child is incredible.
15:17:21 And if you remember, she was one that took the mike.
15:17:24 And she had a lot of stuff to say.
15:17:26 Remember that?
15:17:26 We thought she would be very shy.
15:17:29 But she was just a beautiful little girl.
15:17:31 And what a key model to show what the Shriners have
15:17:35 I just thought that was a good public service to bring
15:17:38 up for anybody who can attend certainly would be worth
15:17:40 it and well appreciated.
15:17:42 That's all I have.
15:17:43 >>SHAWN HARRISON: Ms. Alvarez?
15:17:47 >>MARY ALVAREZ: Thank you, Mr. Chairman.
15:17:48 I would like to give a commendation to Castellano air
15:17:53 conditioning and heating.
15:17:54 Tom Castellano received the 2006 air conditioning
15:17:58 contractors of America award of excellence in
15:18:00 residential contract, and it's a national award.
15:18:07 And Castellano has been in business for, he's done
15:18:16 the Florida association board, and they are looking to
15:18:21 bring some convention business.
15:18:24 I move to give them a commendation.
15:18:26 >>SHAWN HARRISON: Motion and second.
15:18:27 (Motion carried).
15:18:28 >>SHAWN HARRISON: Anything else?
15:18:34 >>MARY ALVAREZ: No.
15:18:34 I think probably August 31st.
15:18:37 >>SHAWN HARRISON: August 31st.
15:18:39 So it is.
15:18:39 Mr. Dingfelder?
15:18:40 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
15:18:41 A couple of issues.
15:18:43 One, we are all familiar with the restaurant property
15:18:48 at the corner of Howard and Swann.
15:18:53 And that property has been in and out of code
15:18:56 enforcement -- I'm not talking about the restaurant,
15:18:59 I'm talking about the larger property.
15:19:02 But that probably has been in and out of code
15:19:04 enforcement and was before us for major rezoning
15:19:07 issues, et cetera.
15:19:08 It's my understanding that nothing has changed there.
15:19:10 So I want to get a report from code enforcement and
15:19:13 zoning in two weeks on what is the status of the
15:19:18 enforcement action.
15:19:21 >>SHAWN HARRISON: Motion to have code enforcement come
15:19:23 in two weeks.
15:19:24 Is there a second?
15:19:25 All in favor.
15:19:26 (Motion carried).
15:19:28 >>JOHN DINGFELDER: And that would be zoning.
15:19:30 And on a brighter note, there is the second annual
15:19:35 wheel-a-thon being held in McFarland park for the
15:19:38 freedom playground, on Saturday, September 16th,
15:19:43 we just passed a permit for the event, and that's what
15:19:47 reminded me.
15:19:47 I just want to remained everybody that what freedom
15:19:53 playground is, the city is building a wheelchair
15:19:56 accessible playground for children and the freedom
15:20:01 playground foundation is raising money to help douse.
15:20:04 That so this is a wonderful event to raise money for
15:20:06 the kids and for the playground.
15:20:08 It's September 16th.
15:20:10 And you can check with my office if you have any other
15:20:13 And the other thing I wanted to note was on our
15:20:16 calendar was the expressway authority.
15:20:18 I guess they are just about done with the Brandon
15:20:25 project and looks like they are having an Expressway
15:20:27 Authority run on September 23rd on Channelside and
15:20:31 I think that's wonderful.
15:20:32 I think the Expressway Authority generally does a real
15:20:35 good job.
15:20:35 They have had a tough year or two.
15:20:37 But they have come out of it pretty well.
15:20:38 And I think that their project is one that we can
15:20:41 ultimately be proud of.
15:20:42 And so I just wanted to give them a little plug.
15:20:46 >>SHAWN HARRISON: Great.
15:20:48 >>ROSE FERLITA: I'm sorry to delay this.
15:20:50 But he was talking about the ramp.
15:20:52 And I wanted to say something I wanted to quickly
15:20:54 report to you.
15:21:01 Mr. Whit and I have been on TPC and I think we have
15:21:06 gotten reports from different boards and analysis and
15:21:09 under your watch, sent us a letter about looking at
15:21:12 the issue of handicapped accessible taxicabs and
15:21:16 And it was the longest PTC meeting we have ever had.
15:21:20 Went on for quite awhile.
15:21:22 So the outcry from the public was obviously heard,
15:21:25 that they wanted us to do something about the ratio
15:21:28 based on population.
15:21:29 And we looked at some stats, and we did delay it so we
15:21:35 can get some appropriate information.
15:21:37 But I just thought it was first of all, thank you for
15:21:40 that support because I think we are in that same mode.
15:21:44 But yellow cab and united cab came on and offered to
15:21:48 make several cabs accessible even before this is a
15:21:52 mandate to answer the cry of handicapped people,
15:21:56 because they have to make an appointment or
15:22:01 reservation three days before, and then 80% of the six
15:22:06 cabs are strictly restricted to Medicaid patients.
15:22:08 So for a city this size, for us to have that little
15:22:13 bit of accessibility for handicapped, it's horrible.
15:22:16 But everybody sure came together.
15:22:17 And I think we'll do something real good.
15:22:19 But I wanted to tell you that and thank you.
15:22:21 I'm sure it was at your direction.
15:22:24 >>SHAWN HARRISON: Yes, it was actually the suggestion
15:22:26 of one of our other members but it was supported
15:22:29 unanimously by the MPO and we are happy to help out.
15:22:33 I appreciate that.
15:22:33 Anything else, Mr. Dingfelder?
15:22:35 >>JOHN DINGFELDER: No, thank you.
15:22:36 >>SHAWN HARRISON: The only thing that I would have is
15:22:40 there's been a lot of issues this week about the RNC
15:22:44 events that are going on.
15:22:45 It seems to me like the way we avoid any sort of
15:22:48 issues are just pick one of us to go to each one of
15:22:51 the three events.
15:22:54 If there are more than one of us that wants to go
15:22:56 we'll have to try to figure that out.
15:22:58 So I know I had some interest in going to the
15:23:02 And you did, too.
15:23:06 >>ROSE FERLITA: But you know, Mr. Harrison, this has
15:23:08 been a quandary for me the whole time, and Mr. Smith
15:23:14 has spoken to me.
15:23:16 According to what Mr. Smith said, although looking at
15:23:19 what the county commission did, not that we want to
15:23:21 use that as what we want to do but even if there was
15:23:25 one representative, if there were different boards
15:23:28 represented at this whole scheme, that he still had a
15:23:33 question about whether we should not attend or should
15:23:37 And let me say up front -- and I don't need to speak
15:23:40 for you, Mr. Harrison, you're certainly able to do
15:23:42 that yourself.
15:23:43 And it's not about not wanting the convention here.
15:23:46 But it's all about, you know, if there's an issue
15:23:49 about notice or if there's an issue that you we
15:23:51 shouldn't be there, whether it's one or none or
15:23:53 whatever, that certainly trumps what we prefer in
15:23:56 terms of party affiliation.
15:23:58 So if you give us some sort of determination that will
15:24:03 be great.
15:24:04 And I'm assume, Mr. Shelby, that you discussed this
15:24:06 with Mr. Smith this afternoon or sometime recently so
15:24:09 that you can give us --
15:24:12 >>MARTIN SHELBY: Mr. Smith and I both agree that it's
15:24:14 our opinion that the subject of the discussion will
15:24:24 more than likely come before this board for some sort
15:24:26 of official action.
15:24:28 And it would be, in my opinion, and I believe Mr.
15:24:31 Smith agreed, that for more than one member of a
15:24:35 collegial body, to be present in a meeting that is not
15:24:40 noticed, recorded and open to the public, would
15:24:45 conceivably be a violation of the public meetings law.
15:24:48 And it would be our recommendation that absent a
15:24:51 notice, dual noticed and recorded public meeting, that
15:24:55 it would be our recommendation that multiple council
15:24:58 members should not attend.
15:25:00 That does not preclude a representative representing
15:25:06 the Tampa City Council from attending that meeting.
15:25:10 My caution would be that whoever does attend, as you
15:25:16 just said before, with what you have spoken to
15:25:18 previously, council members are on multiple boards.
15:25:23 For instance, Mr. Harrison is the chairman of the
15:25:26 metropolitan and transportation organization.
15:25:28 And as such, you may be meeting with other people from
15:25:31 other organizations but may be also members of the
15:25:35 same collegial board.
15:25:37 Therefore, you have to be careful, whoever should go,
15:25:41 would have to remain mindful of the fact that if other
15:25:44 members of public collegial boards of which you are a
15:25:48 member, if you are a member of the City Council, you
15:25:49 are still a member of that other board and you have to
15:25:52 remain mindful that if you are placed in a position
15:25:54 where it may violate the public meetings law, one of
15:25:57 you or all of you, with the exception of one, would
15:25:59 have to absent themselves from that meeting in order
15:26:02 to comply with Florida State law.
15:26:04 So that would be our only caution.
15:26:07 In that case -- and that would be the obligation
15:26:10 obviously of the representative.
15:26:11 But I think it's problematic to have more than one
15:26:15 council member from the same collegial board, Tampa
15:26:17 City Council attend the same meeting that is not
15:26:19 noticed and open to the public.
15:26:24 >>ROSE FERLITA: Again -- and I understand where Mr.
15:26:27 Harrison is going with the suggestion, because we want
15:26:30 to, a it least most of us if not all of us, want to
15:26:34 show support.
15:26:34 But at this point, going to the breakfast or not going
15:26:37 to the breakfast is not going to preclude me from
15:26:40 supporting it.
15:26:41 But because I'm not comfortable with it, because of
15:26:45 the second issue about the other boards that we sit on
15:26:48 and whether or not -- I think on the side of caution,
15:26:54 I will again -- let me just for the record so that
15:26:57 nobody misunderstands me, happy to be Republican,
15:26:59 happy to encourage RNC to come here, happy to have the
15:27:02 convention here so long as everything is appropriate
15:27:04 and right and works to every citizen, Republican or
15:27:07 democrat, but at this point, I still think there's
15:27:10 some areas that are of concern to me.
15:27:12 So if we need either Mr. Harrison on this board or me
15:27:18 simply because we are the only two Republicans, not
15:27:21 necessarily the only criteria, I would prefer not to
15:27:26 >>SHAWN HARRISON: Mr. Dingfelder?
15:27:27 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
15:27:31 >>SHAWN HARRISON: Have you converted?
15:27:32 [ Laughter ]
15:27:38 >>> We are nonpartisan so that's where I'll leave that
15:27:43 No, I wanted to make it really clear, that this
15:27:47 council, based upon my motion, regardless of any
15:27:52 partner issue -- partisan issue passed a motion in
15:27:58 support of bringing the convention here and I'm proud
15:28:00 that we did, and I ask that we send it over to the
15:28:05 development folks and let them know we are in support.
15:28:10 I think it's important that the community knows that.
15:28:12 Because it brings in money.
15:28:14 It's not partisan.
15:28:16 None of this is partisan.
15:28:17 It brings in money to our community and it helps put
15:28:20 us on the map, and it helps our convention business,
15:28:23 and hotels, and everything else, and everybody
15:28:27 There will be some inconveniences if we get it.
15:28:29 But we'll live.
15:28:30 We'll survive for a week or two.
15:28:33 With that said, I don't know why all these meetings
15:28:37 have to be in secret.
15:28:38 And I have kind of been pretty consistent on that.
15:28:41 Once I heard that they were secret.
15:28:43 I think it's unfortunate they need to be in secret
15:28:46 because there's nothing secret about it.
15:28:48 I mean, you know, we are inviting these people to come
15:28:52 here to show them how wonderful our city is, to tell
15:28:55 them, you know, what can be offered from the
15:28:58 government, and none of this should be secretive.
15:29:01 Somebody made the decision that they are going to be
15:29:04 secret, they are going to be closed meetings, and not
15:29:06 open to the public and not open to the press.
15:29:08 For that reason, and
15:29:15 >>ROSE FERLITA: You can use his invitation on mine.
15:29:21 [ Laughter ]
15:29:24 >>SHAWN HARRISON: Wear a disguise.
15:29:25 I think it's clear that as long as we coordinate and
15:29:28 make sure there's not two of us, I think there's three
15:29:32 functions on that one day, then there won't be a
15:29:34 Then it's up to the individual members, if they want
15:29:36 to get around that to be in the sunshine issue,
15:29:42 whether it's appropriate or not to go, that's an
15:29:44 individual choice for all of us to make.
15:29:45 Mr. Shelby, am I on line with that?
15:29:48 >>MARTIN SHELBY: Yes.
15:29:48 Again, the individual caution that if you are
15:29:50 confronted with being present with members of other
15:29:54 boards that you serve on, that you will perhaps be
15:29:58 taking action in that capacity, that you remain
15:30:02 mindful of the public meetings law and remove yourself
15:30:04 from that situation for your own benefit.
15:30:07 >>ROSE FERLITA: But the perception is a perception.
15:30:10 >>MARY ALVAREZ: I remind the board we have to be back
15:30:14 at 5:30.
15:30:16 >>ROSE FERLITA: Okay.
15:30:17 We don't have to take any vote on that, do we?
15:30:19 >>MARTIN SHELBY: No, you don't.
15:30:20 >>SHAWN HARRISON: That's all that I have Mr. Shelby?
15:30:23 >>MARTIN SHELBY: Council, very quickly.
15:30:25 I will make this as quick as I can.
15:30:26 As you know you are having a special discussion
15:30:28 meeting on the issues of south of Gandy, traffic
15:30:30 study, September 26th at the convention center, a
15:30:35 special discussion meeting.
15:30:36 A question was asked of me whether you wish to have
15:30:38 the cable office videotape that.
15:30:41 And I said I would present that to council for
15:30:43 consideration because obviously that would be a
15:30:45 request that you would have to make.
15:30:47 It would be in the form of a motion so I could pass at
15:30:52 >>SHAWN HARRISON: Yes.
15:30:53 >>MARTIN SHELBY: Not a town hall meeting.
15:30:56 A special discussion meeting.
15:30:58 Not open for public input at that point.
15:31:01 It's an informational meeting to the council by the
15:31:12 >> Videotape?
15:31:14 >>JOHN DINGFELDER: Because throws a lot of important
15:31:16 information important information that the community
15:31:18 needs to hear about traffic and transportation issues
15:31:20 in South Tampa.
15:31:22 >>MARY ALVAREZ: (off microphone).
15:31:24 >>JOHN DINGFELDER: But putting it on television gives
15:31:27 people access.
15:31:30 >>MARTIN SHELBY: The question wasn't whether to
15:31:31 televise it live.
15:31:33 The question was to videotape.
15:31:34 >>JOHN DINGFELDER: If they videotape it they'll run it
15:31:38 They can.
15:31:39 I'm not saying it has to be live.
15:31:42 >>ROSE FERLITA: Let me say something about that.
15:31:43 It's very important we talked about this and talked
15:31:45 about it and talked about it and it's so important,
15:31:48 and I think the sooner that information is
15:31:51 disseminated among council members and among people of
15:31:55 the community, the better.
15:31:59 I understand the study, why or why not when don't have
15:32:05 access or anybody else does not have access to it yet.
15:32:10 Just a thought.
15:32:11 >>MARTIN SHELBY: The question then, council's
15:32:14 direction to me to relate to the administration.
15:32:18 That would make it more official.
15:32:19 >>JOHN DINGFELDER: I'll ask the administration to
15:32:26 videotape and broadcast at a later date.
15:32:29 >>SHAWN HARRISON: Motion and second.
15:32:29 (Motion carried)
15:32:31 >>MARTIN SHELBY: Number two.
15:32:34 I am asking for a very brief staff report on September
15:32:36 7th for me to present to you with a brief report
15:32:42 on my recommendation on the appointment process for
15:32:45 the vacancies that will inevitably exist in district 2
15:32:50 and district 5.
15:32:51 And at that time, we will set forth -- and I'll submit
15:32:53 it in the form of a resolution -- exactly what the
15:32:58 recommendations will be with a time loin for the
15:33:00 And you would have a discussion at that time.
15:33:04 So people who are calling or are concerned about it
15:33:06 will no discussion about the process will take place
15:33:09 on September 7th.
15:33:12 And actually part of the motion under staff report.
15:33:16 >> Second.
15:33:17 (Motion carried).
15:33:17 >>MARTIN SHELBY: Lastly, Julia Cole has provided you
15:33:22 with a report on changes to Florida statutes 156.
15:33:25 That's in effect not only with council but every
15:33:28 board, and department of the city that issues or dense
15:33:31 or grants a relative to the criteria, and council
15:33:36 member Dingfelder, I believe you made reference to it
15:33:39 She would like to discuss that very briefly, the staff
15:33:41 report on September 7.
15:33:42 It will be a short staff report.
15:33:45 >> Okay.
15:33:45 >>SHAWN HARRISON: All in favor say Aye.
15:33:47 (Motion carried).
15:33:48 >>JOHN DINGFELDER: I'm sorry.
15:33:51 From the clerk.
15:33:52 On August 7th the clerk gave us a very detailed
15:33:54 report on the vacancies for various boards.
15:33:58 The Planning Commission which we have already taken
15:34:02 care of, historic commission, they have a lot of
15:34:07 And I think we should at least have a continued
15:34:10 discussion with the clerk's office at some point in
15:34:13 We need to schedule it.
15:34:14 We need to deal with it.
15:34:16 >>THE CLERK: The chair had asked us to put it on next
15:34:19 Thursday's agenda.
15:34:21 >>JOHN DINGFELDER: Great minds think alike.
15:34:24 So the other thing is maybe between now and next
15:34:26 week -- never mind, we'll discuss it next week.
15:34:33 >>SHAWN HARRISON: Is there anything else before
15:34:35 Is there anyone in the public that would like to
15:34:37 address council on any issue? We stand adjourned
15:34:40 until 5:30.
15:37:28 (Tampa City Council meeting adjourned)