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Tampa City Council
Thursday, August 24, 2006
9:00 a.m. session

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[Sounding gavel]
09:07:47 >>GWEN MILLER: Tampa City Council is called to order.
09:07:49 The chair will yield to -- the chair will yield to Mr.
09:07:54 Kevin White.
09:07:55 >>KEVIN WHITE: Thank you, Madam Chair.
09:07:57 It's my distinguished pleasure to introduce none other
09:08:02 than our poet laureate.
09:08:05 He's not a stranger to City Hall.
09:08:07 None other than James Tokley.
09:08:11 And please remain standing for our pledge of

09:08:13 allegiance.
09:08:22 >> Good morning.
09:08:23 A council prayer.
09:08:24 It matters not what others may say about me at the end
09:08:27 of day
09:08:29 Though tongue wide may devour me hold that I can say
09:08:33 I know my foal
09:08:38 Though success may be measured by wealth
09:08:41 If I can live within myself
09:08:43 Avoiding the pitfalls of pride and grid
09:08:45 Can I not say I'm rich indeed?
09:08:49 But regardless of how well I live
09:08:51 If I don't endeavor to forgive
09:08:54 No matter what good is said of me.
09:08:57 >> I shall reside in poverty.
09:09:00 Although I might and certainly should
09:09:02 I'll never do the best I could
09:09:04 Till I can say above all else
09:09:07 I've learned at last to forgive myself.
09:09:12 Thereby to set my spirit free
09:09:14 To be all that I ought to be.
09:09:18 For to council well and council wisely

09:09:23 To understand outside one's self, to place one's ego
09:09:28 on the shelf
09:09:29 For what bills the -- builds a nation is more than
09:09:34 guns but a great majority of one
09:09:37 Who has the will to represent with brotherhood and
09:09:40 common sense
09:09:40 Who has the insights so to see the bridge to all
09:09:46 humanity
09:09:47 And yet is quick to realize the frailty in one's own
09:09:52 eyes.
09:09:53 So it matters not at the end of day what they who
09:09:57 heard me speak may say
09:09:59 If what they have heard speaks the truth
09:10:03 That when I spoke I spoke the truth
09:10:05 To say when the gavel finally fell
09:10:07 I served you all
09:10:09 And served you well.
09:10:11 We offer up this council prayer
09:10:14 May the people find us just and fair.
09:10:21 (Pledge of Allegiance)
09:10:34 >>KEVIN WHITE: You never cease to amaze us why you are
09:10:41 the poet laureate.

09:10:42 >>JOHN DINGFELDER: Will you ask them to make us all a
09:10:47 copy on the way out?
09:10:48 Thank you so very much.
09:10:50 >>CHAIRMAN: Roll call.
09:10:50 >>JOHN DINGFELDER: Here.
09:10:51 >>LINDA SAUL-SENA: Here.
09:10:53 >>MARY ALVAREZ: Here.
09:10:54 >>ROSE FERLITA: Here.
09:10:55 >>KEVIN WHITE: Here.
09:10:56 >>GWEN MILLER: Here.
09:10:57 At this time we need to approve the agenda.
09:11:04 >>MARY ALVAREZ: So moved.
09:11:05 >>GWEN MILLER: We go to the sign-up sheets.
09:11:19 I have Julie Cole.
09:11:23 >>JULIA COLE: Legal department.
09:11:25 I have -- first to speak on item number 37 on
09:11:35 requesting approval of a resolution scheduling a
09:11:38 public hearing, area wide rezoning for September 28
09:11:44 and October 12th.
09:11:46 I provided the clerk with a new resolution changing
09:11:46 those dates to October 26th and November 9th.
09:11:51 I request that to be substituted.

09:11:56 >>GWEN MILLER: Do you want to move it now or wait?
09:11:58 Move it now or wait?
09:12:02 >>JULIA COLE: Oh, either one.
09:12:05 >>MARY ALVAREZ: So moved.
09:12:06 (Motion carried).
09:12:07 >>JULIA COLE: And I'll be here to speak to agenda item
09:12:11 number 39.
09:12:15 >> Land development.
09:12:16 On Z 06-97 which is item 39 we would like to change
09:12:22 that that from September 28 to October 26.
09:12:24 >>GWEN MILLER: Need a motion.
09:12:26 >>MARY ALVAREZ: So moved.
09:12:27 >> Second.
09:12:28 (Motion carried).
09:12:33 >> In the evening, correct?
09:12:34 6 p.m.
09:12:36 >> Yes.
09:12:36 And item 40.
09:12:37 I know at last week's evening meeting you said you
09:12:39 would not be scheduling any additional cases at a
09:12:43 September 28 evening meeting.
09:12:45 This was a case that was kind of stuck in that agenda

09:12:48 and should have been scheduled for that evening.
09:12:50 And the drug abuse comprehensive coordinating office,
09:12:55 and we do want to get that case set for that night.
09:13:00 I have had one case withdraw from that night.
09:13:02 So if you could set it, that will set you at ten
09:13:05 cases.
09:13:06 They are waiting on some grant funding that's
09:13:09 applicable to this rezoning so we do want to get them
09:13:11 on that night.
09:13:14 >> So moved.
09:13:17 >> I know you didn't want to set any additional for
09:13:19 that night but:
09:13:24 Thank you 79 Marty Shelby.
09:13:27 >>MARTIN SHELBY: Good morning.
09:13:28 I wish to discuss with council items 9, 10 and 11 on
09:13:32 the agenda.
09:13:39 Set to 4-C because of failure to receive the requisite
09:13:42 number of votes last week.
09:13:43 I understand that council members who weren't present,
09:13:47 at least one that I am aware of, has not had the
09:13:49 opportunity to review the agenda and I believe it
09:13:51 would be appropriate to continue those for one week

09:13:53 because I don't believe there would be a basis for her
09:13:57 to abstain.
09:13:58 So the rules would require it be continued for a week.
09:14:01 >>GWEN MILLER: 9, 10, 11.
09:14:05 >>MARY ALVAREZ: So moved.
09:14:09 >> Second.
09:14:09 (Motion carried).
09:14:10 >>GWEN MILLER: Are there any items would you like to
09:14:11 pull from the agenda, council members?
09:14:13 >>LINDA SAUL-SENA: I'd like, on number 35, which is
09:14:17 under Mr. Harrison's committee, I would like an
09:14:20 explanation of that.
09:14:20 Because I don't understand it right now and I would
09:14:27 like someone to explain it to me.
09:14:30 >>GWEN MILLER: Ms. Nat King Cole.
09:14:33 >>JULIA COLE: We have had several of these.
09:14:34 These are an agreement to relocate due to the
09:14:39 expansion of I-275, Florida statute 70 .20 provides if
09:14:44 there is an expansion or some kind of taking of a
09:14:47 billboard, even if it's not the City of Tampa that's
09:14:50 taking it, if we don't provide for relocation rights,
09:14:53 then we could be subject to paying for the billboard.

09:14:56 So we enter into these agreements to allow the
09:14:58 relocation.
09:14:59 This one is a little different because it's actually
09:15:01 permitted to be in this location but they needed to
09:15:03 extend the height in order to -- because of what they
09:15:07 were doing with 275 to be able --
09:15:12 >> What is the location and what is the proposed
09:15:14 height?
09:15:16 >>JULIA COLE: I will have someone get my file and
09:15:18 bring that down.
09:15:19 >>LINDA SAUL-SENA: When you come back, I believe --
09:15:24 >> Can you hold on just one minute?
09:15:34 If you just give me a few minutes, we will get that
09:15:36 agreement.
09:15:39 >> And when we get to that on the agenda.
09:15:42 >>GWEN MILLER: Other items to pull from the agenda?
09:15:46 >>MARY ALVAREZ: I would like some explanation on item
09:15:48 number 27.
09:15:55 East Tampa business.
09:15:58 I just want to know what that's all about.
09:16:12 >>GWEN MILLER: Someone from staff will come from
09:16:14 building and zoning on item number 27, please.

09:16:17 Any other items?
09:16:19 We need to approve the agenda.
09:16:20 >>MARY ALVAREZ: So moved.
09:16:22 >>LINDA SAUL-SENA: Second.
09:16:22 (Motion carried).
09:16:23 >>GWEN MILLER: We now go to item number 1.
09:16:30 None here for item number 1?
09:16:34 >>JOHN DINGFELDER: Mr. LaMotte.
09:16:36 >>ROY LAMOTTE: Transportation manager, I'm her to
09:16:44 appear and provide a report for you regarding the
09:16:46 feasibility and the costs of erecting signs in a storm
09:16:50 surge area in order to make the public aware of storm
09:16:53 surges.
09:16:53 Recently, I was before you and I actually provided a
09:16:56 copy of what was installed in the community of
09:16:59 St. Petersburg, and I put on an example of what was
09:17:07 utilized over there.
09:17:08 We have researched the feasibility and storm surge
09:17:13 sign-up methodology is not utilized throughout the
09:17:16 State of Florida coastal areas.
09:17:18 It's been merely introduced to only three cities,
09:17:22 St. Pete, south Pasadena, and TIKI island.

09:17:27 And according to doctor Sheng, professor of civil and
09:17:28 coastal engineering at the University of Florida it's
09:17:32 not understood how the ocean interacts with the ocean
09:17:35 and the waves but we do believe that storm surge is
09:17:38 important, and the public needs to be aware of what's
09:17:41 going on.
09:17:43 Hillsborough County tries to match evacuation zones
09:17:47 with surge levels, and they have provided a map to us.
09:17:52 And I do have a written report for you as well.
09:18:01 The colors basically dictate the level of the surge
09:18:05 whether it be 7 in the purple zone, the blue is 13,
09:18:09 and again the green is 18, the yellow 22, and the
09:18:15 magenta is 28.
09:18:19 Now, it's difficult to predict, because storm surge
09:18:21 actually can go within a quarter mile beyond its
09:18:25 limits, and its dependent on a lot of variability
09:18:30 facts.
09:18:30 Even more limiting is the fact that the surge model
09:18:32 today only measure the dome of water and not the
09:18:35 actual wave which could be higher.
09:18:37 Considering placing storm surge signage along the
09:18:41 existing limits may provide the wrong information.

09:18:48 However, a program to put them in throughout the
09:18:50 entire limits would infiltrate the area with
09:18:53 approximately 60 to 80 signs and cost in the vicinity
09:18:59 of 20, 000 dollars.
09:19:01 We are not suggesting that to you today.
09:19:03 What we are suggesting is perhaps a program where you
09:19:06 have two locations where the City of Tampa wants to be
09:19:09 known more as the city of arts, and that we could use
09:19:13 the existing infrastructure that we have in place
09:19:15 today, it would perhaps actually identify the
09:19:21 different levels at these two locations.
09:19:23 The media could go to these points and reference it in
09:19:25 the event that a storm surge was to take place.
09:19:29 And they could broadcast from that site and show the
09:19:32 relativeness to how far the surge would go, if and
09:19:35 when it would happen.
09:19:37 And this would be a color code that would be
09:19:40 designated similar to what is used in airports today.
09:19:47 Again it's color coding and would serve as an art form
09:19:50 in the off periods but serve as a referencing points
09:19:53 to the media and perhaps a wave motif that would give
09:19:59 it some designation.

09:20:01 The general public again see signs all the time and
09:20:03 the fact these signs would be used very infrequently
09:20:06 suggests that we shouldn't adopt a large scale program
09:20:10 but perhaps a reference consistent with more in-kind
09:20:12 to what we need.
09:20:14 I'll take any questions that you may have at this
09:20:15 time.
09:20:18 >>JOHN DINGFELDER: Thank you, Roy, for looking at this
09:20:22 issue.
09:20:27 So are you basically saying you would have a color
09:20:29 code that as people drive by on their daily business,
09:20:33 they are not necessarily going to know what that color
09:20:34 code is.
09:20:35 But if a news reporter during a storm event wanted to
09:20:39 go out there and point to it, that they would have
09:20:44 that information?
09:20:46 >>ROY LAMOTTE: We could relay the information to them
09:20:48 that if a surge of a particular level was to take
09:20:51 place and it was based on a category 2 storm that the
09:20:54 yellow marker would be the indication, perhaps, if
09:20:57 that is the color chosen, and be able to show the
09:21:00 relativeness of standing on that site and pointing to

09:21:03 where this level is, because it changes all over the
09:21:06 place depending on sea level at the particular
09:21:09 location.
09:21:09 >>JOHN DINGFELDER: Can you put that other picture back
09:21:12 up of what they are doing in those Pinellas
09:21:15 communities?
09:21:16 Can you zoom in on the bottom one there?
09:21:25 And then lift it up a little bit.
09:21:29 Okay.
09:21:30 I want us to have a discussion about this.
09:21:32 And I'm not suggesting we put 60 of these around.
09:21:35 But the first map you show basically shows that my
09:21:38 entire district in South Tampa goes completely under
09:21:42 water, partially under water in a 7-foot storm surge
09:21:46 and completely under water in a 13-foot storm surge.
09:21:49 And what I'm suggesting is that you put a few of these
09:21:54 just like this sign right here that they are doing
09:21:56 across the bay in Pinellas County, that we put a few
09:22:00 of these, you know, maybe 10 or so, not just in my
09:22:04 district, because I know it does affect some other
09:22:06 districts up the river, and around, you know, Palmetto
09:22:09 Beach, et cetera, where Linda was on Davis Island for

09:22:16 sure, and where Rose lives in Hyde Park.
09:22:19 But I just think that that is a very informative sign
09:22:24 to me.
09:22:25 Category 1, 7-foot storm surge, basically is telling
09:22:29 everybody in that neighborhood that it's up and over
09:22:31 their door steps, you know, and on top of their cars,
09:22:35 and everything else.
09:22:36 11-foot storm surge says basically you're dead if you
09:22:39 stay here.
09:22:40 And I think that that's a very informative and
09:22:42 appropriate type of warning.
09:22:50 That way it's there day after day after day and gets
09:22:54 ingrained in our head and when the storm hits he would
09:22:56 don't have to turn on the TV to hope we see somebody
09:23:00 in our neighborhood telling us where this is because
09:23:02 we have been looking at this in our neighborhoods, at
09:23:04 least out on Dale Mabry or MacDill or the Main
09:23:06 Street, we have been looking at them regularly.
09:23:08 And that is a very informative sign as opposed to just
09:23:11 a color on a pole.
09:23:15 I understand that you and the administration may not
09:23:17 agree with that.

09:23:18 But I would like council to at least have some
09:23:21 discussion about that.
09:23:22 >>LINDA SAUL-SENA: Mr. Dingfelder, I think that the
09:23:26 analogy to anxiety at the airport is Jermaine, because
09:23:31 I think that the it is first of all not aesthetic and
09:23:38 secondly, if it accomplishes what you said, to make us
09:23:42 aware on a beautiful day like today that we are
09:23:44 indeed, even though it seems like paradise, in
09:23:46 potential peril from a storm, I don't think that that
09:23:50 is a tremendously positive message.
09:23:52 I think that we all live with the knowledge that we
09:23:55 are in a hurricane vulnerable environment.
09:23:58 But I don't think that -- I think that what Mr.
09:24:05 LaMotte proposes is something first of all more
09:24:07 aesthetic and secondly is very limited in number.
09:24:11 Perhaps at a few public park sites that are on the
09:24:15 water where it's a really easy way to visualize the
09:24:19 waves coming ashore and showing the different levels,
09:24:22 that that would be -- it would accomplish what you
09:24:24 want to do, to make people aware, but not have so
09:24:27 many, do it in a more attractive way, and perhaps keep
09:24:32 our anxiety levels a little calmer.

09:24:34 >>JOHN DINGFELDER: But we don't tell anybody because
09:24:38 unless you have a news reporter or staff person
09:24:40 pointing to it, it's just a piece of color on a post
09:24:43 and it doesn't mean anything.
09:24:48 Roy is suggesting just a color on a post, and a staff
09:24:52 person or media person has to explain it.
09:24:54 I'm not saying this sign is aesthetic.
09:24:56 And Linda, you can redesign the sign.
09:24:59 That's your area, not mine.
09:25:01 But what I'm saying is this is a meaningful,
09:25:04 informative -- not even saying that it should be in a
09:25:07 neighborhood.
09:25:07 This looks like it's in front of somebody's yard.
09:25:10 I never suggested that either.
09:25:11 What I suggested was on the major thoroughfares, if
09:25:14 you come up to a traffic light at the corner of Euclid
09:25:17 and Dale Mabry and you stop and you're pondering life,
09:25:20 okay, and you look over at the corner, and every
09:25:24 single day, day after day, you're going to see that
09:25:27 same sign and you're going to go, wow, I never had any
09:25:30 idea that the storm surge could come this far inland,
09:25:33 right by Britain plaza to the corner of Euclid and

09:25:37 Dale Mabry, I never had any idea.
09:25:39 But since I see it every day on my way to work, when
09:25:41 the news people say, we are going to have a category
09:25:46 one, it's going to be a 7-foot storm surge and you
09:25:48 better get out of South Tampa, all of a sudden it's
09:25:51 meaningful to me because I have been looking at that
09:25:53 sign for the last couple of years on a day in, day out
09:25:56 basis.
09:25:56 That's my point.
09:25:57 >>MARY ALVAREZ: I think we ought to put one at Dale
09:25:59 Mabry and Neptune.
09:26:03 [ Laughter ]
09:26:14 And you would have to put category zero.
09:26:19 Three inches of rain would do it.
09:26:23 But you have got a good point, John.
09:26:26 I don't know, I'm not sold on it.
09:26:30 Maybe one or two signs around.
09:26:32 But I think people, especially if nothing is
09:26:35 happening, and the people are just going to go by
09:26:38 those signs, and they are just going to take them for
09:26:40 granted, until something actually happens.
09:26:45 Fortunately, nothing has happened so far, especially

09:26:48 with storm surges.
09:26:49 And so I don't know.
09:26:52 I need to be convinced yet.
09:26:53 >>GWEN MILLER: People are not going to drive on by but
09:27:01 if you put some writing and say this is what this is
09:27:03 and explain to them, why it's there, would be more
09:27:09 meaningful.
09:27:09 But just to have colorful pictures there.
09:27:12 >>JOHN DINGFELDER: Do you think this is explanatory or
09:27:15 not enough?
09:27:17 >>MARY ALVAREZ: Especially if you are going down 30
09:27:21 miles an hour.
09:27:21 >>GWEN MILLER: It's nothing but a number.
09:27:23 >>JOHN DINGFELDER: Cat 2, 11 feet.
09:27:28 I hope it would mean this is where the water is going
09:27:30 to go and 11 feet tall halfway up the palm tree.
09:27:37 >>MARY ALVAREZ: We are going to be out of there.
09:27:39 >>GWEN MILLER: Maybe Mr. LaMotte can come back with
09:27:43 something.
09:27:43 Shawn?
09:27:44 >>SHAWN HARRISON: I think Roy's suggestion is -- I
09:27:48 just don't think it will achieve anything, Roy.

09:27:51 The people will drive by and they'll see a colorful
09:27:54 banner or sign and think it's public art.
09:27:56 They won't understand what it is.
09:27:58 Whatever we do, there's going to have to be a public
09:28:00 education phase of this for sure.
09:28:03 And so if we are going to educate the public about it,
09:28:06 we are going to go to that time and expense and
09:28:08 trouble, then I think that Mr. Dingfelder's idea of
09:28:12 actually, you know, the height of the storm surge and,
09:28:16 you know, what that means as far as the category
09:28:19 level, probably makes more sense.
09:28:22 I don't have an opinion on whether or not the signs
09:28:24 are attractive.
09:28:26 But again, that's also not my department.
09:28:29 I don't see any harm in maybe a few test cases.
09:28:33 We have done that with a lot of our transportation
09:28:35 things, when we are being innovative with our speed
09:28:39 limit signs, the automatic number that flashes up
09:28:41 there.
09:28:42 So we have got -- I think we have a program for trying
09:28:46 these out.
09:28:47 I think put them in a few strategic locations in South

09:28:51 Tampa, see if we get any sort of reaction from the
09:28:53 public.
09:28:54 It can't cost that much to try a pilot program.
09:28:57 And we'll take a look at it in a year and see if it's
09:29:00 being effective.
09:29:01 I would support that.
09:29:04 >>JOHN DINGFELDER: And maybe our emergency manager who
09:29:06 we just hired this year, maybe when she's doing one of
09:29:09 her programs about preparedness she could stand next
09:29:11 to that sign on channel 15 and talk about it and say,
09:29:14 you know, when you see these signs, this is what it's
09:29:17 about, in South Tampa, and along the river, you better
09:29:20 move.
09:29:24 >>ROY LAMOTTE: We certainly can do whatever the
09:29:26 council wishes.
09:29:26 If you use the color coding system at two particular
09:29:29 points, therefore, you put out an advertisement in a
09:29:32 page in our hurricane guide that goes out annually
09:29:34 with all our newspapers, that could be part of a page,
09:29:38 and explain to them this message.
09:29:40 The problem that we have is truly communication, and
09:29:43 how we get that message across.

09:29:45 And I think the issue is brought up that really has a
09:29:47 lot of substance to it.
09:29:49 You have a lot of signage in the field.
09:29:50 And actually it becomes like white noise after awhile.
09:29:54 You just happen to drive by it and it doesn't jump out
09:29:58 to you.
09:29:58 That's why we changed the color of the signage in our
09:30:01 school zone so people pay more attention.
09:30:05 These surge signs we put out there today are only
09:30:08 going to be in effect 2% of the time or less.
09:30:10 It depends on the season we have.
09:30:12 This year we have been very fortunate.
09:30:13 Hope we continue in that pattern.
09:30:15 That's the point I'm making about it.
09:30:17 I'll take whatever direction you wish.
09:30:19 But I don't want to have sign pollution in the
09:30:21 community.
09:30:21 It's a concern to all of us.
09:30:23 And we certainly -- if you suggest a site we would
09:30:28 follow that as well.
09:30:29 >>MARY ALVAREZ: The Tampa Bay Regional Planning
09:30:31 Council has an emergency management committee over

09:30:34 there, and it might be something like that he would
09:30:36 talk to them to see what they would think about it.
09:30:39 And come back with some suggestions to us.
09:30:43 But the beaches, maybe I could see, I think they would
09:30:47 get the storm surge a lot faster than we do.
09:30:50 But I'm with you, Roy, I don't want any more signage
09:30:54 cluttering up everything else when we are trying to
09:30:56 keep it down.
09:30:57 And as far as the color coding, unless you do what you
09:30:59 said, you put it in the hurricane -- how many people
09:31:02 actually open that newspaper to read the hurricane
09:31:04 guide, unless they have got a hurricane that's
09:31:07 breathing down their necks at the same time, you know?
09:31:12 It's a wonderful idea, John, but I think we ought to
09:31:18 let the Tampa Bay Regional Planning Council study
09:31:21 that.
09:31:22 They have an emergency management team over there, and
09:31:27 they can actually tell us whether this is a good deal
09:31:30 or not.
09:31:30 >>JOHN DINGFELDER: I guess to put it to bed, I think
09:31:35 Mr. Harrison came up with a good compromise idea.
09:31:38 Why don't we put up a few test cases along a couple of

09:31:41 major boulevards, which is really all I was talking
09:31:44 about to start with, and just see what kind of
09:31:47 reaction we get, an emergency management person to
09:31:51 explain to the folks what it is on channel 15, and
09:31:54 just see how it goes.
09:31:56 There's no harm in that.
09:31:57 It's not sign pollution.
09:31:59 It's two or three signs in two or three locations.
09:32:02 But we have a responsibility to inform the people.
09:32:05 And it doesn't matter that the hurricane never gets
09:32:09 here in 100 years.
09:32:11 That's irrelevant.
09:32:12 We are doing major preparations across the bay area on
09:32:14 the beaches and in Tampa to make sure that our folks
09:32:18 are prepared, and that they know that they need to get
09:32:21 out.
09:32:21 And it's important to get out when we tell them to get
09:32:24 out.
09:32:24 And this is just one component of that.
09:32:26 And I think it's our obligation to be involved in
09:32:29 that, to be heavily involved in that.
09:32:33 >>SHAWN HARRISON: I'm really not concerned about the

09:32:35 sign pollution idea.
09:32:37 It is a public safety issue.
09:32:39 And our first and foremost job is to keep the public
09:32:43 safe.
09:32:43 And if that means that we put a few signs up to warn
09:32:49 them about what their real life consequences of these
09:32:52 storm surges are, I think that's perfectly
09:32:54 appropriate.
09:32:54 And I think that should trump the potential sign
09:32:59 pollution issue that we have.
09:33:01 It's more important that we keep our people safe.
09:33:04 So, John, if you're making a motion we put those up,
09:33:06 I'll second those and come back in some period of time
09:33:10 and judge their effectiveness.
09:33:12 >>JOHN DINGFELDER: That's a motion, I request the
09:33:14 administration do that, in some form and come back to
09:33:17 us in six months and included in that is some type of
09:33:21 public education program with our emergency
09:33:24 coordinator.
09:33:26 And come back in six months and tell us how it's
09:33:28 going.
09:33:28 >>LINDA SAUL-SENA: Thank you.

09:33:30 I would like to suggest that we begin with very few
09:33:33 signs, no more than four, and hopefully two, and that
09:33:36 maybe Mr. Dingfelder is our point person on suggesting
09:33:40 the locations since he is the most clearly impacted by
09:33:46 storm surge.
09:33:47 But in the determination of how these should look
09:33:52 graphically, it's a challenge.
09:33:59 >>GWEN MILLER: Do we need a number?
09:34:00 Two?
09:34:02 >>JOHN DINGFELDER: I'll leave it up to the discretion
09:34:04 of staff.
09:34:04 I would like between two and four locations,
09:34:07 significant locations.
09:34:08 I don't want them just in my district.
09:34:11 I have a feeling it's Mr. White's district according
09:34:13 to that map, up the river, and probably even in Ms.
09:34:18 Alvarez' district.
09:34:19 >>MARY ALVAREZ: We do have them, and they know to move
09:34:23 out.
09:34:26 We have house that is flood all the time every time
09:34:31 there's a major event.
09:34:32 So they are out of there.

09:34:36 >>JOHN DINGFELDER: That's my motion.
09:34:39 >>GWEN MILLER: We have a motion and second on the
09:34:43 floor.
09:34:43 All in favor of the motion say Aye.
09:34:45 Opposed, Nay.
09:34:45 (Motion carried).
09:34:46 Item number 2.
09:34:58 >> Legal department here on an item.
09:35:01 >> Request for the legal department regarding which of
09:35:04 our ordinances have to be reviewed by the Planning
09:35:07 Commission prior to adoption by the City Council.
09:35:12 The issue was last revisited in 1990 when the
09:35:17 management plans were adopted under the new statute.
09:35:19 Ultimately, the issue is governed by the statute,
09:35:24 chapter 163.2, the growth management act.
09:35:28 There is a code section that actually delineates what
09:35:36 portions of our code constitute the City of Tampa Land
09:35:38 Development Code.
09:35:42 Ultimately, the statute governs which codes constitute
09:35:47 land development regulations under a very general
09:35:49 definition in the statute.
09:35:51 And there may have been a feeling, which may have been

09:35:55 the purpose for this -- the request for the report
09:35:58 that our ordinances which we can control can be
09:36:04 amended to delete certain codes, as long as it's
09:36:06 consistent with statute.
09:36:08 It was overbroad.
09:36:10 So we went back and we met with the Planning
09:36:14 Commission.
09:36:15 Unfortunately they were unable to agree that any of
09:36:20 the codes delineated were candidates for deletion.
09:36:24 In other words, they could be removed from the City of
09:36:27 Tampa code, and clear that they no longer had to go
09:36:32 for review and recommendation to Planning Commission
09:36:34 prior to adoption.
09:36:35 So we met with the Planning Commission staff to see if
09:36:38 we could agree if any of these codes to the Planning
09:36:45 Commission.
09:36:46 Unfortunately we were unable to identify any of these
09:36:49 codes, agreed that any of these codes would be
09:36:54 candidates for deletion.
09:36:56 Let me just point out this is a preliminary report.
09:36:58 You would have to come back with an actual ordinance
09:37:02 and that amendment, go through the entire process, and

09:37:05 we would have to bring a code amendment in front of
09:37:07 the Planning Commission, the recommendation come back
09:37:09 to public hearings before the City Council.
09:37:14 So this is just a report.
09:37:20 To accomplish anything you have to go through code
09:37:22 amendment.
09:37:23 Rather than coming back and just saying we weren't
09:37:24 able to agree, the Planning Commission, we did go
09:37:28 through -- I did my own analysis of which way these
09:37:34 codes would be candidates for deletion.
09:37:36 And I'm willing to go through those with you now.
09:37:42 >>LINDA SAUL-SENA: Rather than going through them with
09:37:44 us now, what I would like to suggest is perhaps the
09:37:47 chairman of the zoning and building committee that I
09:37:50 meet with you, and we talk about this.
09:37:52 It just seems to me that the way the Planning
09:37:56 Commission has been operating is they get to weigh in
09:37:59 on absolutely everything, the interpretation has been
09:38:02 extremely broad, and it slows up our process of doing
09:38:05 things, and it's not -- it's very appropriate for them
09:38:09 to weigh in on broad land use decisions and zoning.
09:38:13 But some of this is very, very micromanaged and

09:38:17 doesn't seem to be appropriate.
09:38:19 And I understand that it's going to take an amendment
09:38:21 to accomplish this.
09:38:22 But it's something that I think we should pursue.
09:38:24 But I don't know that all council wants to discuss it
09:38:27 at this point in this detail.
09:38:29 But I would be very willing to work with you on coming
09:38:31 up with a very tight list.
09:38:33 The fact they don't agree doesn't mean we shouldn't
09:38:36 pursue it.
09:38:37 They aren't aware of our moving in a timely way when
09:38:43 everything has to be scheduled to their calendar and
09:38:45 then come back to us to add some -- adds an additional
09:38:49 three months, particularly on things, I'm very a well
09:38:52 of preservation.
09:38:53 I don't see that it's Jermaine, if the City of Tampa
09:38:56 wants to protect its historic resources that they
09:38:58 should say anything like "good for you all."
09:39:02 I don't think they need to weigh in on each and every
09:39:04 one.
09:39:05 That that to me is over-government.
09:39:09 >>MARY ALVAREZ: Did Mr. Shelby join you all in these

09:39:13 discussion was the Planning Commission?
09:39:18 >>> No, but he worked with me on this project and he
09:39:20 was very aware of the process, and he didn't actually
09:39:23 take attend the actual meetings but he was involved in
09:39:27 the process.
09:39:28 >>MARTIN SHELBY: He was keeping me very closely
09:39:32 apprised.
09:39:35 >>MARY ALVAREZ: Can you work with them? thank you very
09:39:41 much.
09:39:41 >>GWEN MILLER: I would like to put on the record that
09:39:43 Ms. Ferlita had an emergency, she had to leave but
09:39:45 she's going to try to get back before the meeting ends
09:39:48 but she will be back for the evening session.
09:39:50 Go to item number 3.
09:39:59 >>STEVE DAIGNAULT: Public works and utility services.
09:40:02 There was a request that we address the council
09:40:05 concerning the possibility of installing curbs and
09:40:09 gutters and swales anytime of that we do a road
09:40:12 overlay project.
09:40:13 We provided with you a written memorandum.
09:40:15 It's dated July 12th from Mr. Walter and Mr.
09:40:19 LaMotte.

09:40:20 And we have also put in more recent copies for you
09:40:23 just in case you don't still have your one from July
09:40:28 12th.
09:40:28 As you can see from the table attached to that memo,
09:40:32 there's considerable cost, mostly involving the
09:40:35 drainage renovation anytime that we did an overlay, if
09:40:40 we were to install curbs, which would change the water
09:40:44 pattern, and then gutters and that sort of thing.
09:40:47 There's also additional costs deal with the swales,
09:40:52 not just the drainage system but also swales and
09:40:54 ditches that would have to be addressed.
09:40:57 Be glad to answer any questions that you may have.
09:41:00 >>GWEN MILLER: Number --
09:41:08 >>LINDA SAUL-SENA: Mr. Daignault, when an area is
09:41:10 redeveloped, we are seeing this, for example, in Drew
09:41:13 Park, and some other areas, where somebody is taking
09:41:15 not just an individual, lots in an entire block
09:41:22 length, do we then require them to go and retrofit for
09:41:25 some of these things?
09:41:29 STEVE DAIGNAULT: Certainly if it's a large area
09:41:31 that's being redeveloped, or an area that's certainly
09:41:33 being developed for the first time.

09:41:35 All of the drainage considerations have to be dealt
09:41:38 with.
09:41:39 If it is a redevelopment, large enough redevelopment,
09:41:42 and the developer chooses to deal with the drainage in
09:41:46 a different manner, to put in curbs and gutters, and
09:41:49 deal with that, we are certainly in support of that.
09:41:52 However, if there is a historical drainage system and
09:41:55 he can use that to accommodate his redevelopment, we
09:41:58 certainly let him do that as well.
09:42:00 It's not required that they change it at that time.
09:42:05 >>SHAWN HARRISON: Mr. Daignault, this is something
09:42:08 that I've looked into several years ago up in some of
09:42:11 the areas in north Tampa, not New Tampa, because those
09:42:14 all have curbs and gutters.
09:42:16 But when we repave streets in parts of north Tampa
09:42:20 there was a practice of putting in curbs that were
09:42:24 made of asphalt.
09:42:25 And I agree with Ms. Saul-Sena, I am going to return
09:42:28 the favor, it's not very attractive, and they fall
09:42:32 apart and really created more problems than we solved.
09:42:35 And I heard the same thing from your predecessors,
09:42:39 that it was just not economically feasible to do that.

09:42:43 So I think it is what it is.
09:42:55 >>GWEN MILLER: Number 5.
09:42:56 >>STEVE DAIGNAULT: Number 4.
09:42:58 Number 4 was a request that we reconsider putting in
09:43:00 reclaimed pipe whenever we did a construction type
09:43:04 project that opened up the ground.
09:43:06 Again, we provided you with a memo with a number of
09:43:09 items that have caused us some concern in doing that
09:43:14 as a standard practice.
09:43:15 We certainly would be willing to look at opportunities
09:43:18 for that sort of thing, once we have the next start
09:43:24 area identified, and if we were doing construction in
09:43:26 that area.
09:43:27 We think that by April, April of next year, that we
09:43:29 will have the next area for reclaimed projects
09:43:34 identified, and so certainly if we are doing any
09:43:36 projects in that area, we would certainly consider
09:43:39 putting in reclaimed pipes at the pond.
09:43:43 One of the other things that makes a lot of sense for
09:43:45 us is if we are doing a large road project again in
09:43:48 that sort of area, to put in some sleeves that would
09:43:52 cross the street so that when the pipe system did come

09:43:54 in the future, we could just run them through there
09:43:57 and not have to tear up the street.
09:43:59 So again, we do have some -- there's some value here
09:44:02 in putting this in.
09:44:06 >>JOHN DINGFELDER: I'm sorry, number 3 and number 4
09:44:12 are kind of related.
09:44:15 Steve, we talked about this at length, and I
09:44:18 appreciate your work on this.
09:44:19 There's no doubt anytime we are going to do something
09:44:22 additional that it's going to cost additional money.
09:44:24 I mean, that's just logic, common sense.
09:44:30 My concern is this, is right now, based upon our
09:44:34 limited budget, okay, and you and Roy and others stood
09:44:39 in front of us and said we are repaving 2% of our
09:44:42 streets per year, on a good day, and therefore that
09:44:45 means we are coming back to that same street once
09:44:48 every 50 years?
09:44:51 That's the way the math works for me.
09:44:53 So that's a little discouraging.
09:44:55 Because basically it says that once in our lifetime
09:44:57 I'm going to see that paving truck out in front --
09:45:02 hopefully not my street.

09:45:03 I got brick street.
09:45:05 But, anyway, the paving truck will be out in front of
09:45:08 that particular house, that particular street, once
09:45:11 every 50 years, once per lifetime.
09:45:14 >>STEVE DAIGNAULT: And the budget, we are growing
09:45:18 every year in the budget.
09:45:19 We are make something inroads.
09:45:22 Not great inroads but some inroads.
09:45:25 >>JOHN DINGFELDER: I'm sure we are but we don't have a
09:45:28 dedicated source for that.
09:45:30 And David, I'm glad you're here, Mr. Smith, as well.
09:45:33 We have this assessment program when we come into a
09:45:36 neighborhood and we are doing streetlight assessment
09:45:40 but it appears to me it's kind of a way to take an
09:45:43 isolated area, and when there's a specific
09:45:46 improvement, vis-a-vis streetlights, then we say,
09:45:50 okay, it's important for this neighborhood to get
09:45:54 these streetlights, and we do this program.
09:46:00 And maybe when we are coming into an area and we are
09:46:09 doing a lot of street paving, and we say, you know, it
09:46:12 would really make good government sense to do some
09:46:16 gutters, to do some curbs, to do some of the other

09:46:20 types of improvements while we are here.
09:46:22 But it will cost an extra million dollars for this
09:46:26 neighborhood that we consider asking the folks, having
09:46:31 a neighborhood meeting, asking them if it's important
09:46:33 to them, and if it is, then do an extra assessment,
09:46:37 where it might be, you know, a couple of dollars but
09:46:43 now they have got a great new improved street.
09:46:47 And the reason I think this is important is, if you
09:46:49 look at a typical street, even after we repaved it and
09:46:52 then it drops down to the grass, after awhile, the
09:46:55 edges start crumbling, and it ends up looking kind of
09:47:00 like a rural street.
09:47:02 But if you have got the curbs, or the concrete swales,
09:47:07 it's really, I think, it's a great improvement, and it
09:47:10 starts looking more like an urban street.
09:47:13 But I'm not deciding that for a neighborhood.
09:47:16 Maybe there are neighborhoods that don't want that and
09:47:19 would rather look rural.
09:47:20 That's fine but that's why we go out and ask them how
09:47:22 they feel.
09:47:24 Any thoughts on that?
09:47:26 >>LINDA SAUL-SENA: The question would be, Mr.

09:47:30 Dingfelder identified, do we now have a -- more of a
09:47:33 legal question than a public works question -- do we
09:47:35 have in place a mechanism for the neighborhoods to
09:47:39 make these kind of choices?
09:47:41 Do we have the ability for special assessments if were
09:47:47 to give neighborhoods the opportunity, with the
09:47:49 understanding that going to pick up sort of the be
09:47:52 the?
09:47:53 >>DAVID SMITH: City attorney.
09:47:54 We do not at this juncture.
09:47:56 I think I am hearing the suggestion.
09:47:58 Week look at what creative solutions we can find.
09:48:00 >> And this could be for a variety of things from
09:48:03 underground utilities to putting in curbing,
09:48:10 streetlighting.
09:48:11 I know that's one of the options.
09:48:12 I know it exists in new developments but if we are
09:48:15 really talking about the older neighborhoods when it's
09:48:19 time to upgrade.
09:48:20 Do we make a motion.
09:48:22 >>JOHN DINGFELDER: To explore and then come back?
09:48:28 >>STEVE DAIGNAULT: I presume, council, you don't

09:48:30 really want us to slow down or stop our roadway
09:48:32 programs.
09:48:33 And to get into a typical neighborhood.
09:48:38 Again, this sheet shows you sort of the order of
09:48:40 magnitude of cost difference, to get into a typical
09:48:44 neighborhood, decide how big and how small, and
09:48:48 design, redesign the drainage system will take
09:48:53 considerable time.
09:48:56 >>JOHN DINGFELDER: obviously, we have got these
09:48:59 projects in the pipeline over the next year or two.
09:49:02 You know where you are going to go.
09:49:03 So we are not going to slow you down on those.
09:49:05 What we are saying is that David and you and staff, we
09:49:09 can come up with a tool and a mechanism possibly where
09:49:12 we could -- where we could use this.
09:49:16 Then in the long-range tool we can look down the road
09:49:19 a year and a half ago and say, a year and a half from
09:49:21 now we are going to northbound X neighborhood.
09:49:22 Let's go talk to those folks, tell them what the issue
09:49:25 is, tell them what the assessment is, that it might be
09:49:27 an extra dollar per month on the bill for the rest of
09:49:30 their lives, and is that worth it to them?

09:49:33 And if they say no, then fine, we walk away.
09:49:36 But at least we have gone to that effort.
09:49:38 We don't want to slow anybody down.
09:49:40 But let's just explore it to see what the mechanisms
09:49:42 are, what the tools are.
09:49:45 >>LINDA SAUL-SENA: My observation is that our list of
09:49:48 projects is very, very long, and westbound our limited
09:49:51 funding we are not exactly seeing through them so
09:49:56 there are many projects on the list that we know we
09:49:58 won't get to for five years, but at least part of the
09:50:02 conversation.
09:50:02 And I'm not suggesting that you spend the planning
09:50:04 dollars to really go through and develop a complete,
09:50:07 you know, drainage plan for an area before saying do
09:50:11 you all want to spend the money on it?
09:50:12 I'm looking more at a strategic planning tool.
09:50:15 And particularly in places like East Tampa, where we
09:50:18 know there's going to be redevelopment, we know we are
09:50:21 going to have some additional TIF dollars.
09:50:23 This is the way that City Council, acting as the CRA,
09:50:27 can really think proactively about making the
09:50:30 additional infrastructure investments, because that's

09:50:32 the way we are going to redevelop our city.
09:50:34 So thank you.
09:50:38 >>JOHN DINGFELDER: So a report back in three months?
09:50:42 >>LINDA SAUL-SENA: And the legal mechanisms to go
09:50:44 through the neighborhood.
09:50:47 >> We are talking about road projects, not talking
09:50:51 about a simple overlay.
09:50:52 Because there's a big difference between Manhattan and
09:50:56 the overlay programs that we do every day.
09:50:58 We have lots of neighborhoods that we go through and
09:51:02 do overlay.
09:51:02 Just overlay the road.
09:51:10 >>JOHN DINGFELDER: I think it could accomplish the
09:51:12 overlay program as well.
09:51:15 >>> Again that's where I'm concerned about --
09:51:17 >>JOHN DINGFELDER: We are not asking you to do
09:51:18 anything today.
09:51:19 All we are doing is saying let's explore the options
09:51:23 for the future, and maybe there's a better way we
09:51:26 could do the overlay program two years from now.
09:51:31 >>DAVID SMITH: one of the things I'm looking at in
09:51:33 conjunction with our TECO negotiations is a process

09:51:38 whereby we can allow neighborhoods to be participate
09:51:40 if they chose, and but that would be the same thing
09:51:50 for other source of improvements.
09:51:51 So it would be incumbent upon those neighborhoods and
09:51:54 the associations that represent them to find out
09:51:56 whether there's a sufficient number of people who want
09:51:58 to subject themselves to an assessment, and, if so,
09:52:02 there may be additional things we can do for them.
09:52:06 And it seems like it's an ideal way for people to
09:52:10 democratically choose to pay more in the neighborhood.
09:52:17 >>SHAWN HARRISON: I'm okay asking David to take a look
09:52:21 at that but those sorts of assessments are things that
09:52:24 my constituents in New Tampa deal with daily.
09:52:27 And the idea of -- and we have done it with stormwater
09:52:31 in South Tampa.
09:52:32 We have started to spread that concept to different
09:52:35 parts of the city, where there are particular problems
09:52:38 that the government doesn't have the ability
09:52:40 financially to cure on our own.
09:52:43 So I'm very comfortable with the concept.
09:52:46 And it would be interesting to find out if we can pass
09:52:52 that city-wide, so obviously there are stormwater and

09:52:55 flooding issues in South Tampa, and East Tampa we may
09:52:58 not have those problems, but they are not
09:53:02 infrastructure problems.
09:53:03 So the question is, if we want to create these sort of
09:53:06 infrastructure improvement districts or whatever it
09:53:08 would be, how do we go about that?
09:53:11 That's a good question.
09:53:12 >>DAVID SMITH: And I'm not sure what the legal
09:53:16 impediments are.
09:53:16 As you know, your area creates CDDs in advance.
09:53:25 But we'll look at it and see what the options are and
09:53:27 come back to council with some recommendations.
09:53:29 >>GWEN MILLER: Thank you.
09:53:30 All right.
09:53:31 We are going to go to item number 12.
09:53:37 We have an opening on the Planning Commission staff we
09:53:40 made to fill and we have some applicants here.
09:53:43 We are going to go to them and hear from the
09:53:45 applicants.
09:53:51 >>SHIRLEY FOXX-KNOWLES: City clerk, here to introduce
09:53:54 the candidates for the Hillsborough County City
09:53:56 Council Planning Commission that have submitted their

09:53:59 resumes, or applications to fill the unexpired term of
09:54:03 Mr. Jim Beeler, due to his resignation.
09:54:08 We have nine individuals to apply.
09:54:11 Two of the candidates have withdrawn their names.
09:54:14 The remaining candidates are as follows: Mr. David
09:54:18 foster.
09:54:18 Mr. Brian David Hammond.
09:54:21 Dr. Jeffrey L. Harmon.
09:54:24 Mr. Wolford Nelson Johnson.
09:54:28 Miss Laurel lock et.
09:54:31 Ryan Shuman.
09:54:33 Mr. Richard TOPO.
09:54:35 The candidates will be called in alphabetical order.
09:54:39 You have been provided ballots.
09:54:43 Following the interviews, please complete your ballot
09:54:46 and I will tally your vote.
09:54:48 Thank you.
09:54:48 Without further ado I will introduce the first
09:54:52 candidate, Mr. David foster.
09:54:55 Two minutes.
09:54:58 >>JOHN DINGFELDER: I have two ballots.
09:55:00 Can I use both?

09:55:02 [ Laughter ]
09:55:02 >> My name is David foster.
09:55:17 My first assignment in the parish ministry was to
09:55:21 teach Catholicism at the Hebrew academy and I can
09:55:26 still see the Rabbi sitting in the class ROM and said
09:55:28 if you want to know where to go in life where you have
09:55:31 been, look at your past.
09:55:32 I thought about this awhile ago and thinking about
09:55:34 what it was we bring to serve on the Planning
09:55:36 Commission.
09:55:37 I looked at education.
09:55:39 I said, what value is there?
09:55:41 I have the equivalent of several masters degrees,
09:55:44 that's given me the chance to study at Emory, Harvard,
09:55:47 Boston college, Ignatius, and University of South
09:55:52 Florida.
09:55:53 But of all these experiences the most important would
09:55:56 be the master's degree in architecture at USF.
09:55:59 I looked at myself and I said, what leadership do you
09:56:02 bring to this position?
09:56:04 I had the benefit to serve as Tampa Heights president,
09:56:07 civic association, two separate times, and was a

09:56:10 member of the Planning Commission when they were
09:56:13 talking about creating a neighborhood plan.
09:56:15 I served as a key member which later became the first
09:56:18 plan for the city.
09:56:19 In the broader community I served as chair of the
09:56:21 greenways and trails committee, president of the west
09:56:24 central alliance for the CDC, and worked in the CRA of
09:56:28 East Tampa and Tampa Heights, and presently serving as
09:56:31 the metropolitan planning organization citizen
09:56:34 advisory committee representing Hartline.
09:56:37 With my work -- would my work experience be of any
09:56:41 benefit to this?
09:56:42 I have been employed at the central city CDC for the
09:56:44 past eight years.
09:56:45 It's a grassroots organization with a mission which
09:56:48 focuses on youth, preservation, and housing.
09:56:52 As president and founder, I have been fortunate to
09:56:55 represent this organization as a recipient of the Bank
09:56:57 of America neighborhood excellent award, one of 69
09:57:02 selected in the nation, and last year was selected
09:57:05 who's who by the Florida business journal.
09:57:09 As to the future, I believe the experiences previously

09:57:12 mentioned and the desire to serve my community in the
09:57:14 future
09:57:19 I ask each of you for your consideration for the
09:57:21 appointment to the Planning Commission.
09:57:22 Thank you.
09:57:24 >>GWEN MILLER: Thank you.
09:57:30 >>SHIRLEY FOXX-KNOWLES: Now Mr. Brian Davis Hammond.
09:57:33 >> Madam Chairman and council members, good morning.
09:57:42 I moved to Tampa from Nashville in 1981 as a young
09:57:46 architectural graduate with a lot to learn.
09:57:50 Now 25 years later, I have a wife and a five you're
09:57:52 old son.
09:57:53 I'm a founding member, partner, of urban architects, a
09:57:59 30-person architectural firm with a focus on urban
09:58:02 housing.
09:58:02 As an architect, husband, father, and small business
09:58:06 owner, I want to use my knowledge to help make this
09:58:09 city an optimal place to live.
09:58:12 I want our community's development to be
09:58:14 environmentally responsible.
09:58:16 As my son grows up, I want him to be proud of his
09:58:20 hometown.

09:58:20 In the past I served as president of the Tampa section
09:58:23 of the American institute of architects and
09:58:26 vice-president of the Bayshore Beautiful homeowners
09:58:29 association.
09:58:30 As a business owner, my time has been limited for
09:58:32 endeavors like the Planning Commission.
09:58:35 But for me the time is now.
09:58:37 I have a strong desire to participate in the shaping
09:58:39 of our community on a wider scale.
09:58:42 I often see things going on around me that I wish I
09:58:45 had known about and could have influenced.
09:58:49 I'm familiar with the comprehensive plan and am
09:58:51 anxious to bring an urban perspective to the board.
09:58:54 Decisions made by planners, architects and politicians
09:58:58 today will set the character of our city, and have an
09:59:00 impact for years to come.
09:59:03 I believe that we all have a responsibility to secure
09:59:06 our children's future.
09:59:07 And I want to be sure that we pass along Florida's
09:59:10 rich history, and that can only be done with
09:59:13 controlled smart growth.
09:59:15 I look forward to being a part of the process.

09:59:18 Thank you.
09:59:18 >>GWEN MILLER: Thank you.
09:59:19 >>SHIRLEY FOXX-KNOWLES: Thank you.
09:59:24 Dr. Jeffrey L. Harmon.
09:59:39 >> Hello.
09:59:43 I only have two minutes.
09:59:45 I want to get straight to the.
09:59:46 The Hillsborough County Planning Commission passed
09:59:48 improving the quality of life for all the city and
09:59:50 county residents by providing a provision to
09:59:53 comprehensive planning, growth management,
09:59:55 environmental protection.
09:59:57 Over the years I progressively sought to involve
09:59:59 myself in improving our community.
10:00:03 After moving to Seminole Heights in 1998, I found the
10:00:06 major thoroughfares in my neighborhood to be greatly
10:00:09 affected by illegal activity.
10:00:12 My wife and I organized the first neighborhood watch
10:00:14 program in our grid by closely working with the Tampa
10:00:18 Police Department, helped to reduce our crime rate by
10:00:21 approximately 50%.
10:00:23 I then became involved in our neighborhood

10:00:25 association, Old Seminole Heights.
10:00:29 I worked on several committees improving our roads and
10:00:32 land use, and I have been elected trustee for the past
10:00:36 two years.
10:00:37 I recently chaired a committee that oversaw the
10:00:39 improvement of labor Roberta by working with the parks
10:00:42 and stormwater department to create a comprehensive
10:00:45 plan that involved both local and state agencies.
10:00:49 For the past two years, I have been involved with
10:00:52 improving life of all city residents.
10:00:57 As a code enforcement hearing officer.
10:00:59 During this time I worked with both community leaders,
10:01:01 City Council, and code enforcement staff to improve
10:01:04 this process.
10:01:04 This work has allowed me to become more familiar with
10:01:07 many other growth issues such as zoning.
10:01:10 My professional expertise is in planning of water and
10:01:12 wastewater infrastructure.
10:01:15 I hold a professional engineering license, several
10:01:18 utilities outside this county are my clients.
10:01:21 In 2004 I was appointed by the mayor to be on the
10:01:24 environmental round table to advise her on issues that

10:01:28 would impact the environmental quality of our city.
10:01:32 I would greatly appreciate your support for pointing
10:01:35 me to the Hillsborough County city-Planning
10:01:37 Commission.
10:01:38 Thank you.
10:01:39 >>GWEN MILLER: Thank you.
10:01:40 >>SHIRLEY FOXX-KNOWLES: Mr. Wolford Nelson Johnson.
10:01:58 >>> Good morning.
10:01:58 I'm Wolford Johnson.
10:02:00 Thank you for giving me the opportunity to be
10:02:03 considered for this position on the Planning
10:02:04 Commission.
10:02:06 You have the questionnaire I submitted which documents
10:02:09 my background and experience.
10:02:10 So I won't reiterate that information.
10:02:12 I would like to tell you why I would like to serve on
10:02:15 the Planning Commission.
10:02:16 About three to four months ago, Michelle Ogilvie from
10:02:23 the Planning Commission staff made a presentation at
10:02:26 our meeting of T.H.A.N., and informed us that the
10:02:28 Planning Commission had started to work on a major
10:02:30 revision to the comprehensive plan.

10:02:33 It will be the first major revision in many years.
10:02:37 She told us of the process that would follow as they
10:02:40 move forward.
10:02:41 I thought this was very interesting, and I told myself
10:02:46 at the time that I would really, really like to be
10:02:48 involved in that process to kind of shape how the City
10:02:54 of Tampa and Hillsborough County will look in future
10:02:56 years.
10:02:57 When I heard that there was an unexpected vacancy on
10:02:59 the Planning Commission, I immediately submitted an
10:03:02 application.
10:03:04 During my military tour, an adage often heard was to
10:03:08 remember the five Ps, prior planning prevents poor
10:03:12 performance.
10:03:15 I successfully applied that principle during my
10:03:19 corporate years and worked with a corporation, and I
10:03:23 would love to have the opportunity to apply that in
10:03:27 serving for you on the Planning Commission.
10:03:28 Thank you.
10:03:38 >>SHIRLEY FOXX-KNOWLES: Miss Laurel E. Lockett.
10:03:43 >> I know you have my application and background
10:03:48 material.

10:03:49 I just wanted to highlight a couple of things.
10:03:51 I have been practicing environmental and real estate
10:03:53 law in Tampa for 22 years.
10:03:56 Very involved in 5:00 -- activities for the community
10:04:01 and particularly with the ADA.
10:04:03 I chaired a number of committees for the real
10:04:05 properties section of the ADA involving environmental
10:04:09 issues.
10:04:10 And more recently have leadership responsibility over
10:04:13 those committees involving land use, eminent domain,
10:04:19 environmental issues.
10:04:21 I just completed two terms on the HPC and have been
10:04:24 looking around for a couple of months for another way
10:04:27 that I could give back to the community and to the
10:04:29 city.
10:04:31 I met with the Executive Director of the Planning
10:04:33 Commission.
10:04:34 I talked to the chairman.
10:04:35 I understand the role and responsibility of the
10:04:38 commissioners and the commission itself.
10:04:41 And I really believe that my legal and environmental
10:04:46 expertise would be a strong addition for the

10:04:49 commission.
10:04:50 I can assure you that if I was involved, it would be
10:04:52 an active involvement, and I think miss my history
10:05:01 with HPC bears that out.
10:05:03 I understand the issues, try to be proactive in
10:05:05 addressing issues that might come up.
10:05:07 And I think staff and city attorney and the folks that
10:05:14 I work with.
10:05:17 I really enjoyed my work with the HPC and feel like I
10:05:20 do have a civic responsibility and duty to serve.
10:05:23 I'm looking for another opportunity to serve the city.
10:05:26 You know, there's no question that the Planning
10:05:30 Commission performs a central role in our community
10:05:33 and controls our quality of life, and I think the
10:05:35 experience I have would be a strong addition, and I
10:05:38 really look forward to the opportunity to serve.
10:05:43 Thank you.
10:05:44 >>SHIRLEY FOXX-KNOWLES: The next candidate is Mr. Ryan
10:05:51 J. Shuman.
10:05:57 Not here.
10:05:59 The last candidate is Mr. Richard Turpold.
10:06:06 >>> Good morning, Madam Chairman, council members.

10:06:10 It's a privilege to once again be here this morning.
10:06:15 I learned there was an opening on the Planning
10:06:16 Commission, worked with the city, and responsible for
10:06:21 various functions over the, and having sold my
10:06:25 business, and having time available to continue giving
10:06:30 back to the city, the community that I have grown up
10:06:32 in, and I have three children here enjoying life, and
10:06:37 even a few grandchildren.
10:06:40 I deem it a privilege to have this opportunity to
10:06:42 present myself to you this morning.
10:06:48 I did one thing for the city that people criticized me
10:06:51 over the years.
10:06:52 That is when I sat on the City of Tampa cable
10:06:55 committee when we were getting our cable company.
10:06:58 I was responsible for the improvement of public
10:07:01 access.
10:07:03 You all know I think the negative thing of public
10:07:06 access.
10:07:07 But I had to go back to federal guidelines of open
10:07:13 speech, and I kind of smile when I think of that.
10:07:17 The city has held me responsible for some of the
10:07:20 growth areas, recently the biggest one would have been

10:07:24 the creation of the dog parks in the city.
10:07:28 As you know I chaired the dog park, and it's a good
10:07:36 committee, but without going into detail, it's a
10:07:43 frustrating experience, and hope any things will be
10:07:45 moving forward.
10:07:48 As my application showed, I did serve on the Chamber
10:07:51 of Commerce executive board, and also with the city,
10:08:00 variance committee, that wags quite an experience.
10:08:06 I was able to continue to give back to the city, not a
10:08:10 lot of time available, and very concerned about the
10:08:13 quality of life, and the growth of the city moved
10:08:18 forward in a positive manner.
10:08:20 Certainly many things are happening in the past few
10:08:23 years.
10:08:26 And I think it's going to be quite a challenge.
10:08:28 And very interesting to see that growth is properly
10:08:31 maintained.
10:08:36 I have the definite desire to continue to give back to
10:08:38 our city.
10:08:39 And I thank you for this opportunity.
10:08:42 >>GWEN MILLER: Thank you.
10:08:43 >>SHIRLEY FOXX-KNOWLES: Thank you, candidates.

10:08:48 Council, if you will complete your ballot and sign it.
10:08:51 And I will tally your votes.
10:08:55 >>LINDA SAUL-SENA: We have such a fabulously talented
10:08:58 group.
10:08:59 I think this is going to be very challenging.
10:09:01 Do you want to us vote for one candidate or like do
10:09:05 one, two and three?
10:09:07 >>SHAWN HARRISON: And what happens if no one gets a
10:09:08 majority?
10:09:10 Bring the top two vote getters back and break a tie?
10:09:14 >> And the winner is?
10:09:33 >>LINDA SAUL-SENA: Whistle we are waiting for the city
10:09:37 clerk to tally these votes, I would just like to say
10:09:39 that we have never had a more outstanding group of
10:09:42 applicants.
10:09:43 They are all known to us, because of their civic
10:09:45 activism and involvement.
10:09:47 They are all -- they would all be such excellent
10:09:52 advocates for the city as part of the Planning
10:09:53 Commission, that since there are seven of you and only
10:09:56 one will be selected, I hope that you will consider
10:09:59 other positions on city boards, because we need talent

10:10:02 like this, and we really appreciate you being willing
10:10:06 to come forth, show up at our meeting, and say that
10:10:09 you are willing to spend the time that would be
10:10:11 necessary to be a good Planning Commission
10:10:13 representative.
10:10:14 So I thank each of you for putting yourselves out
10:10:17 there.
10:10:19 >>GWEN MILLER: We are going to go --
10:10:20 >>MARY ALVAREZ: I want to add to that.
10:10:24 I have never sat through a better, more informed group
10:10:27 of candidates for this Planning Commission job.
10:10:33 And continue to apply for these positions, because
10:10:38 there's always room, as their term ends and they don't
10:10:43 want to do it again.
10:10:46 It was a hard decision.
10:10:47 It's a hard decision to make.
10:10:49 Because you all are so well qualified.
10:10:51 And I just want to commend every one of you for even
10:10:55 considering to do a job like that.
10:10:58 I have been on the Planning Commission.
10:10:59 I know what a tough job it is.
10:11:01 So thank you for applying.

10:11:03 >>JOHN DINGFELDER: Definitely just want to reiterate.
10:11:08 This will be the toughest decision that we make today.
10:11:12 Without a doubt.
10:11:13 And I respect and know the majority of the folks that
10:11:17 just -- it's not easy and I hope you empathize with
10:11:24 our difficult decision.
10:11:26 We think Shirley has an answer here.
10:11:28 >>SHIRLEY FOXX-KNOWLES: We have a tie between David
10:11:31 foster and Laura Lockett.
10:11:39 >>CHAIRMAN: Do we have a new ballot?
10:11:44 >>KEVIN WHITE: If throws a tie, maybe this evening
10:11:47 when Ms. Ferlita gets here.
10:11:56 The tie is 2-2.
10:11:58 And the other is 1-1.
10:12:01 >>LINDA SAUL-SENA: In deference to those sitting here
10:12:03 who want to know I think we should go ahead.
10:12:06 >>GWEN MILLER: Do you want to try it again?
10:12:09 >>SHIRLEY FOXX-KNOWLES: If you want to go to the next
10:12:11 item and come back.
10:12:12 >>GWEN MILLER: We go to item number 5.
10:12:14 Is Ms. Cathy Coyle here?
10:12:17 She want add continuation.

10:12:18 Is she here?
10:12:19 >>JULIA COLE: She went back to the office.
10:12:29 She is requesting these items be continued.
10:12:31 There is some confusion about when this is coming back
10:12:33 and there are several members that won't be coming
10:12:36 back till September 7th.
10:12:39 >>JOHN DINGFELDER: I would respectfully suggest that
10:12:41 maybe we ought to add an extra week or two onto that
10:12:44 because two weeks from now doesn't give -- and just
10:12:48 getting back and doesn't give a whole lot of time to
10:12:50 discuss what the changes are.
10:12:52 Is there any urgency to that?
10:12:55 >>JULIA COLE: Maybe we want to go ahead, I think we
10:12:57 were requesting September 7th.
10:12:59 Maybe you want to push it back to September 21st,
10:13:03 a budget workshop.
10:13:05 >>JOHN DINGFELDER: Move to the 21st.
10:13:11 >>GWEN MILLER: 10 a.m.
10:13:12 (Motion Carried)
10:13:12 Item number 6.
10:13:13 >>DAVID SMITH: I'm here on number 7.
10:13:32 David Smith, city attorney.

10:13:34 I drew the short straw so I am going to be explaining
10:13:36 Bacon Lake to you.
10:13:38 Initially this came up as a code enforcement issue.
10:13:42 Bacon Lake.
10:13:43 There were reports with dumping, other things in the
10:13:47 lake.
10:13:48 Mr. Martin of our staff went out and took pictures of
10:13:51 the area.
10:13:54 We have not removed any items from the lake.
10:13:56 I would like to show you the status of the lake.
10:14:01 Assuming the Elmo is on.
10:14:02 Unfortunately, it's in the captioning.
10:14:05 Let me push it up a little bit.
10:14:10 It's a fairly pristine area.
10:14:13 This is a little closer view.
10:14:18 And yet another one.
10:14:25 And two more.
10:14:26 We'll show you the area is actually very clean.
10:14:28 It's well maintained.
10:14:33 Bacon Lake is located east of 22nd street.
10:14:36 I think it's just south of 109th.
10:14:39 Somewhere in that area.

10:14:49 One last picture.
10:14:52 This is also for the purpose of illustrating that the
10:14:54 area is entirely fenced.
10:14:56 You may have not noticed in the first areas, but
10:14:58 there's fencing all around the property.
10:15:01 So the issue of code enforcement proved not to be a
10:15:06 problem.
10:15:08 There was some problems of kids catapulting things
10:15:12 into the lake.
10:15:12 Based on neighbors that was not occurring either. The
10:15:14 last concern that was raised is potential liability to
10:15:17 the city.
10:15:18 And in order for you to understand the issues, let me
10:15:22 show you an aerial.
10:15:40 Essentially this shows you the lake, the area where
10:15:42 the water exists.
10:15:45 There is a school immediately north of it in the
10:15:48 central part and that's a church immediately north on
10:15:51 the eastern portion, and the balance as you can see is
10:15:54 surrounded by residences.
10:15:59 This was originally in the county.
10:16:02 Pursuant to county code requirements, pursuant to

10:16:06 annexation you take the area subject to existing
10:16:08 regulations.
10:16:11 The area is also fenced pursuant to a fence easement.
10:16:15 The city took assignment of a drain annal easement
10:16:17 that allows it to drain into the pond, and also
10:16:20 received a fence easement, two different fence
10:16:23 easements over certain areas.
10:16:24 One thing I would like to show you, this is a typical
10:16:30 gate, our gate on the properties.
10:16:33 The easement that were provided to us from the
10:16:36 property owners are nonexclusive.
10:16:38 The property owners themselves had the right to access
10:16:40 their property unless otherwise prohibited but it is a
10:16:42 fence.
10:16:43 It is only accessible through the property themselves
10:16:46 by the private property owners.
10:16:50 Here's another example of a gate.
10:16:52 As you can see, it's pad locked.
10:16:56 A young child obviously standing on the correct side
10:16:59 of the gate.
10:17:00 >>JOHN DINGFELDER: How long has he been stuck in
10:17:03 there, David?

10:17:03 [ Laughter ]
10:17:07 >> We'll call child services.
10:17:12 And this is the last thing I want to show you.
10:17:15 This gate obviously is not pad locked but these are
10:17:17 gates that are controlled by the individual property
10:17:19 owners.
10:17:21 I wouldn't want to pretend that creative lawyers
10:17:24 couldn't raise issues with respect to liability.
10:17:25 But I think empirically we need to remember this lake
10:17:28 has been here since the 60s.
10:17:30 It is a very shallow lake.
10:17:33 While there are always risks for people doing inane
10:17:37 things, I think we need to balance that with what the
10:17:40 costs are for prevention.
10:17:42 But in addition, we have got a complicated real estate
10:17:45 issue out there.
10:17:45 And I won't bore you with all those issues that only a
10:17:50 dirt lawyer would find exciting but we need to clarify
10:17:53 a couple of points with respect to what rights we may
10:17:55 have.
10:17:55 Clearly the city wants to do whatever it can to avoid
10:17:58 anyone being injured.

10:17:59 We think our considerable measures are in place to
10:18:03 prevent that.
10:18:03 We will look at what other options we may have to
10:18:06 increase that, if we can, to avoid that kind of
10:18:10 liability.
10:18:10 But by and large it's not been an issue for a
10:18:13 significantly long period of time.
10:18:15 That's plenty of barriers to hopefully prevent that
10:18:17 from being the case.
10:18:18 I think those were the issues.
10:18:20 At least those were the ones brought to my attention.
10:18:23 But if there are any questions I would be happy to
10:18:25 answer them.
10:18:40 >>SHIRLEY FOXX-KNOWLES: The person receiving four
10:18:42 votes is David foster.
10:18:44 Replacement for Mr. Jim Beeler.
10:18:49 >>MARY ALVAREZ: Very good.
10:18:50 >>GWEN MILLER: Thank you.
10:18:53 >>THE CLERK: you need to make a motion.
10:19:01 >>MARY ALVAREZ: So moved.
10:19:02 >>GWEN MILLER: For the clerk to prepare a resolution.
10:19:05 (Motion carried).

10:19:05 >>LINDA SAUL-SENA: I know we are going to get back to
10:19:08 number 6, which are appointments to various boards and
10:19:10 committees
10:19:15 We just saw one person appointed who is great and six
10:19:17 other people who are great, appointed to the Planning
10:19:19 Commission.
10:19:25 These are outstanding applicants.
10:19:27 >>GWEN MILLER: Mr. Shelby, you know the vote taken we
10:19:31 need to make appointments to?
10:19:33 >>MARTIN SHELBY: Yes.
10:19:34 As a reminder to council on a memorandum dated August
10:19:36 2nd of this year, city clerk Shirley Foxx-Knowles
10:19:43 provided to council an extensive memo regarding the
10:19:46 vacancies.
10:19:46 I don't know if she has a copy of it.
10:19:49 Perhaps she's prepared to discuss it with you.
10:19:51 And receive direction from council how you wish to
10:19:53 proceed.
10:19:58 >>SHIRLEY FOXX-KNOWLES: Good morning again.
10:20:01 City clerk.
10:20:02 We have -- we transmitted a memo August 2nd.
10:20:11 We have five vacancies on the A.R.C.

10:20:15 And we have two applications.
10:20:20 Do we want to take them one at a time?
10:20:23 >>GWEN MILLER: One at a time.
10:20:24 Being.
10:20:25 >>SHIRLEY FOXX-KNOWLES: Weaver applications from Julie
10:20:26 Brown, and another application form, KARA Davis.
10:20:34 >>LINDA SAUL-SENA: Julie Brown formerly worked for the
10:20:36 City of Tampa's legal department, if that's the same
10:20:39 Julie Brown.
10:20:40 And so we know she's knowledgeable.
10:20:43 It takes a whale to even learn the acronyms.
10:20:45 And we know she was our attorney who worked with the
10:20:50 people.
10:20:51 I think it's outstanding that after working as a staff
10:20:53 member she's willing to volunteer to serve as a board
10:20:59 member for the A.R.C.
10:21:01 >> I'll second that.
10:21:02 >>CHAIRMAN: Is that a motion?
10:21:04 >> Yes.
10:21:05 (Motion Carried).
10:21:05 >>SHIRLEY FOXX-KNOWLES: And we still have another
10:21:07 application from KARA Davis.

10:21:10 Or do you have another person that you would like to
10:21:12 appoint to the A.R.C.?
10:21:22 >>MARY ALVAREZ: Why don't we just go ahead and appoint
10:21:27 her to the A.R.C., too, then?
10:21:33 I'm making that motion.
10:21:34 >>GWEN MILLER: We have a motion and second.
10:21:36 (Motion carried).
10:21:37 >>LINDA SAUL-SENA: I agree with that.
10:21:42 But that leaves us with three more vacancies.
10:21:47 We have some outstanding people who just were willing
10:21:52 to serve on the Planning Commission.
10:21:54 I don't think it would be fair to them to vote them
10:21:58 into position without their applying.
10:21:59 But I think it's fair to say they probably aren't
10:22:01 aware that this existed or they elected the Planning
10:22:10 Commission spot.
10:22:11 But if you would, madam clerk, let them know of this
10:22:15 vacancy and let them know that City Council is
10:22:17 encouraging them to apply, and to let them know the
10:22:21 number of vacancies.
10:22:23 Also, do we have any requirements in terms of -- you
10:22:28 have to have a certain professional background?

10:22:30 I believe the A.R.C. has to have a certain number of
10:22:33 archaeologists and architects and preservationists and
10:22:40 designated professional backgrounds or neighborhood
10:22:43 representatives.
10:22:44 We need to have serve on there.
10:22:48 >>SHIRLEY FOXX-KNOWLES: For the A.R.C. the requirement
10:22:50 is they would need to be from a certain area.
10:22:54 Like there is a vacancy in the southwest area.
10:22:57 And southwest quadrant.
10:23:02 Another vacancy in the northwest.
10:23:05 >>GWEN MILLER:
10:23:09 >>LINDA SAUL-SENA: I believe that's based on their
10:23:11 residence?
10:23:11 When you say southwest, that means they have to live
10:23:14 in Mr. Dingfelder's district?
10:23:23 >>LINDA SAUL-SENA: I believe Julie Brown lives in Mr.
10:23:26 Dingfelder's district.
10:23:27 Perhaps could you research that.
10:23:29 If we don't have a vacancy, other people who just
10:23:32 applied to the Planning Commission live there, we
10:23:34 shouldn't encourage them to apply if they aren't
10:23:36 geographically allowed to serve.

10:23:39 >>GWEN MILLER: We need to readvertise this, for
10:23:48 applicants to apply for these positions.
10:23:49 >>SHIRLEY FOXX-KNOWLES: so you want to move ahead head
10:23:53 on Julie Brown, and Ms. Davis.
10:23:56 >>LINDA SAUL-SENA: And Madam Chairman, if you would
10:23:59 also put word out on these vacancies, through the
10:24:07 neighborhood associations, and also the professional
10:24:10 group, the AIA, American institute of architects,
10:24:15 ASLA, landscape architect, APA, American planning
10:24:19 association, to let their members know that these
10:24:25 vacancies exist.
10:24:26 And I have a meeting of the preservation round table.
10:24:29 I'll let them know about these also.
10:24:33 >>MARY ALVAREZ: On the Historic Preservation
10:24:34 Commission, Lockett requesting she be appointed again.
10:24:45 >>LINDA SAUL-SENA: Are we allowed to do that?
10:24:48 I believe she's served two terms and she's not
10:24:50 allowed.
10:24:53 Believe me.
10:25:00 >>GWEN MILLER: Advertise it and get applicants.
10:25:05 >>SHIRLEY FOXX-KNOWLES: North D. O. C. we have
10:25:10 vacancies.

10:25:11 I don't have a list of any applicants for that one.
10:25:15 >>GWEN MILLER: Readvertise that one.
10:25:16 >>SHIRLEY FOXX-KNOWLES: And the civil service board we
10:25:18 have one applicant, Debbie Reynolds -- Reynold Allen.
10:25:29 He's an attorney.
10:25:30 >>GWEN MILLER: I have a motion and second.
10:25:31 (Motion carried).
10:25:32 >>SHIRLEY FOXX-KNOWLES: We just did the Planning
10:25:36 Commission.
10:25:36 And there's one vacancy on the Historic Preservation
10:25:39 Commission.
10:25:43 No applicants.
10:25:44 >>GWEN MILLER: We just need to readvertise that one,
10:25:49 too.
10:25:50 >>SHIRLEY FOXX-KNOWLES: And the same with the cable
10:25:51 advisory committee.
10:25:52 And the variance review board.
10:25:55 There's one vacancy.
10:25:57 >>GWEN MILLER: Readvertise that one, too.
10:26:00 Maybe we'll come up with some applicants this time.
10:26:02 Thank you.
10:26:03 Item number 8, need to pass the resolution.

10:26:07 >>: So moved.
10:26:08 >> Second.
10:26:08 (Motion carried)
10:26:11 Item number 13.
10:26:18 >>MARTIN SHELBY: Just for the public in case they
10:26:19 didn't catch it during the agenda, items 9, 10 and 11
10:26:23 were continued for one week.
10:26:24 >>GWEN MILLER: Right.
10:26:26 We already made that motion.
10:26:28 >>CATHERINE COYLE: Land development.
10:26:30 I'm here with the interim changes to chapter 3.
10:26:33 These are the items in the code that we brought before
10:26:36 you.
10:26:36 I believe at least two separate indications.
10:26:41 There have been some minor modifications due to
10:26:43 meetings that we had with public, attorneys, planners,
10:26:49 petitioner agents.
10:26:54 We also met with the YCDC on two separate indications
10:26:58 to hear their issues with chapter 3.
10:27:01 Enforcement.
10:27:04 I can go through them one by one.
10:27:06 There was a memo sent to you August 18th, some

10:27:11 minor changes that were made.
10:27:13 I would like to acknowledge that this has been a long
10:27:17 time coming, I would say.
10:27:22 She works with our office in land development day in
10:27:26 and day out, enforce chapter 3 and does an excellent
10:27:30 job with it, and with her help as well and Jake from
10:27:34 the business PAC division, we were able to nail down a
10:27:38 lot of the issues.
10:27:41 >>MARY ALVAREZ: I would like our attorney to weigh in
10:27:45 on this.
10:27:46 I heard some complaints about one of the ordinances.
10:28:00 >> I'm hear for any additional questions.
10:28:02 >>MARTIN SHELBY: Council, you are here for
10:28:07 consideration for first reading.
10:28:08 This is not a public hearing.
10:28:11 If council does wish to open the floor for discussion,
10:28:13 if you wish at this time, that would require a motion
10:28:15 by council to do that.
10:28:17 Ms. Alvarez, you are referring to an issue that's been
10:28:23 raised regarding the hours of operation for businesses
10:28:27 that are licensed for sale of alcohol that are
10:28:31 required by the code, section 3-20 to close the

10:28:38 operations at 2 a.m. per ordinance.
10:28:40 Ms. Alvarez, if you wish to discuss that, I do have
10:28:43 copies of that section for council.
10:28:46 And if you wish to open the floor for discussion of
10:28:48 that, that would require a motion.
10:28:49 >>MARY ALVAREZ: So moved.
10:28:51 >> Second.
10:28:52 >>CHAIRMAN: Motion and second to open the public
10:28:54 hearing.
10:28:54 (Motion carried)
10:28:56 Is there anyone in the public that wants to speak on
10:28:57 item number 13?
10:28:59 >>STEVE MICHELINI: I have been before you on a number
10:29:08 of different items, and I have met with the city legal
10:29:11 department, Jake Dow and his staff.
10:29:18 I think most of them have been addressed.
10:29:20 There's a couple of them still outstanding.
10:29:22 The ordinance is being presented to you this morning.
10:29:24 Although this issue doesn't really affect me directly,
10:29:27 but the city staff is requiring to notify applicants
10:29:35 within one business day once these hearings are set.
10:29:40 They probably ought to give themselves more time but

10:29:42 that's up to them.
10:29:44 The other item that I have a specific issue with is I
10:29:48 brought to you the issue of properties that dry up
10:29:52 through no violation, if they dry up because the
10:29:57 ownership change, or they have some problems with an
10:30:02 extension of time, and are not able to meet the
10:30:04 extension of time.
10:30:05 These are issues that for no cause that the wet zoning
10:30:10 dries up, they are prohibited from reapplying for six
10:30:13 months.
10:30:15 And last time we were before you, the council said,
10:30:18 yeah, we thought that probably was not a fair
10:30:21 restriction to make them wait six months just because
10:30:25 they dried up.
10:30:26 They didn't dry up because they were under violation,
10:30:28 they didn't dry up because they had broken some law,
10:30:31 but they still have to wait six months under your
10:30:33 reapplication for wet zoning provision.
10:30:36 And I'm respectfully requesting that you delete that
10:30:39 provision requirement under section 3, 102-A, pursuant
10:30:45 to the dry status sections requirement to meet 390.
10:30:51 And the second issue is regarding restaurants that are

10:30:56 operating as restaurants, not night clubs.
10:30:59 They are beginning -- the licensing division is
10:31:04 enforcing a provision that Marty Shelby brought to
10:31:08 your attention that's under 320, hours of operation,
10:31:13 sale.
10:31:14 It's section C under 2, and it's unlawful for any
10:31:19 person to consume.
10:31:21 And it goes on.
10:31:22 But it specifically says to allow any person to
10:31:25 consume any alcoholic beverage on the premises or to
10:31:27 remain open for the transaction of any business of any
10:31:31 kind whatsoever at any time other than during the
10:31:33 hours set forth.
10:31:35 So any 24-hour restaurant that you have operating and
10:31:39 would be forced to close, they couldn't sell food
10:31:43 regardless.
10:31:43 And I don't think food is the issue.
10:31:45 The consumption of alcohol is the issue.
10:31:47 And they ought to be allowed to continue serving food
10:31:49 after the alcohol is stopped.
10:31:53 As a matter of fact, I think to encourage people to
10:31:56 eat food is a very aggressive and positive thing.

10:32:02 In addition to that, we are trying to become a 24-hour
10:32:04 a day city, especially with specialty clubs and things
10:32:09 like that that cater to late-night dining, theater
10:32:13 guests and all of that, and you are going to stop
10:32:15 them.
10:32:15 Actually you are going to make people leave the
10:32:19 premises and instructors have already done that,
10:32:22 instructing people they have to leave the premises
10:32:24 immediately.
10:32:25 Under state code, alcohol has to be removed from the
10:32:29 display area, and secured within 30 minutes of the
10:32:33 closing hour.
10:32:34 So there can't be alcohol being shown, and you don't
10:32:37 have these six for ones or whatever at last call.
10:32:43 I think that issue specifically needs to be addressed.
10:32:46 And the removal of the requirement of 390 on the
10:32:50 drying up status.
10:32:55 >>MARY ALVAREZ: Mr. Shelby?
10:32:59 >>MARTIN SHELBY: I had an opportunity to discuss this
10:33:01 with Jake Slater.
10:33:04 And he did in fact confirm that his department is
10:33:09 enforcing this provision.

10:33:14 And if it's council's desire to address this, I
10:33:18 believe the appropriate motion would be, if it was
10:33:21 council's desire, the appropriate motion would be to
10:33:23 direct the administration to investigate changes to
10:33:27 this and bring back a recommendation.
10:33:29 But I did have the opportunity to confirm with Mr.
10:33:32 Slater the fact that this provision, although it has
10:33:35 been on the books for awhile, is not subject --
10:33:42 >>MARY ALVAREZ: Of enforcement.
10:33:43 >>CATHERINE COYLE: Land development.
10:33:45 With number 320 that Mr. Michelini brought up, as I
10:33:48 noted in the very beginning, this is the interim
10:33:51 change in chapter 3 trying to enclosure up some of the
10:33:53 issues where the ordinance itself contradicts itself.
10:33:56 If council so wishes to have us look at section 320
10:34:00 and address that appropriately, within the next eight
10:34:03 to ten months, of when we are scald to do the complete
10:34:06 overhaul of chapter 3, I can certainly incorporate
10:34:10 that in if you like.
10:34:13 >>MARY ALVAREZ: But then that would continue the
10:34:14 enforcement of the chapter, right?
10:34:16 Of this ordinance here?

10:34:22 >>> As long as it remains.
10:34:23 >> I think we need to do something sooner than that.
10:34:25 I don't know how many council members agree.
10:34:27 But it seems that's putting an undue burden on the
10:34:30 restaurants and everybody else.
10:34:35 So I don't know.
10:34:39 >>SHAWN HARRISON: I think we should just do it right
10:34:41 now.
10:34:41 Just change it.
10:34:52 We are coming back tonight.
10:34:53 If you can't get it done by tonight, then bring it
10:34:55 back next week.
10:34:59 320.
10:35:09 >>MARY ALVAREZ: It's been on the books and all of a
10:35:11 sudden it's being enforced.
10:35:16 >>MARTIN SHELBY: With all due respect, and I
10:35:18 understand it's a public policy issue.
10:35:21 The rationale for why this is created predates me, and
10:35:24 I can't explain exactly what happened.
10:35:26 But I understand that this was, I'm sure, created to
10:35:30 address a specific particular concern.
10:35:34 If council wishes to expedite this, perhaps two weeks

10:35:37 time just to ask the administration to come back with
10:35:39 a report, and then maybe they can expedite it.
10:35:42 But I believe it would be appropriate to have the
10:35:46 appropriate department involved in this, and I'm sure
10:35:49 even the police department the may have a role to play
10:35:52 in this.
10:35:53 To ask the administration, legal department, to look
10:35:55 into what the appropriate response is, and if council
10:35:57 wishes, I expect two weeks to come back with some sort
10:36:02 of direction.
10:36:03 >>MARY ALVAREZ: I think that's good advice.
10:36:05 >>LINDA SAUL-SENA: I have a question that I don't know
10:36:08 that you specifically addressed, Ms. Coyle.
10:36:11 Recently somebody tried to open a restaurant that sold
10:36:15 drinks as part of it, and they didn't have the
10:36:18 requisite minimum -- they weren't quite large enough.
10:36:23 They didn't have quite the right number of tables.
10:36:25 And I was very concerned that we weigh in on that
10:36:29 because it seems to me as we try to redevelop our
10:36:31 urban areas, we might be opening some restaurants that
10:36:34 are quite small and quite wonderful, and I don't want
10:36:37 them to have to be of a certain scale.

10:36:40 I just didn't quite understand the rationale for that.
10:36:42 And I wondered, does this specifically address that,
10:36:47 or is that the state's rule?
10:36:49 It seems to me we need to be more flexible as we Rae
10:36:52 develop in terms of the minimum number of tables and
10:36:54 the minimum square footage of the establishment.
10:36:58 >>CATHERINE COYLE: That is an item that Ms. Kert and I
10:37:01 spoke about and we plan to look at in the next change.
10:37:05 >> Why don't we do it now?
10:37:07 Why does everything take so long?
10:37:10 >>JOHN DINGFELDER: Because we are understaffed.
10:37:11 >>CATHERINE COYLE: We just got another lost another
10:37:15 staff member yesterday.
10:37:16 >>: If we are come back in two weeks can we do that?
10:37:19 In the interim there might be other small restaurants
10:37:21 that want to come into compliance.
10:37:24 My understanding about this particular restaurant was
10:37:27 that the owner had opened up three restaurants in
10:37:33 San Francisco and she found that the bureaucracy in
10:37:35 opening restaurants in San Francisco was less complex
10:37:38 than in Tampa, Florida, which is really hard to
10:37:40 believe.

10:37:45 Why are we making it difficult for people to do things
10:37:48 when on the other hand we are encouraging them to do?
10:37:50 To that end I would like you to see about addressing
10:37:53 that now.
10:37:56 >>> Square footage?
10:37:59 Seats and squire footage of restaurants?
10:38:02 >>MARTIN SHELBY: I was going to raise the issue also,
10:38:04 council, that there may be different ways to address
10:38:06 this.
10:38:07 One of the things I talked to Mr. Slater about was the
10:38:09 fact that maybe it would just take adding the
10:38:13 definition of a Lough opening (COP-R)s for different
10:38:23 seating area.
10:38:23 There are different ways to address it.
10:38:25 So whatever council's direction would be would be
10:38:27 appropriate.
10:38:29 >>MARY ALVAREZ: Could we put a temporary injunction?
10:38:33 >>MARTIN SHELBY: I believe it would be appropriate to
10:38:35 request the administration to consider staying
10:38:38 enforcement pending changes to this ordinance with
10:38:40 regard to this particular provision.
10:38:41 I don't think that would be an inappropriate motion.

10:38:43 >>MARY ALVAREZ: I make that motion then.
10:38:45 >>LINDA SAUL-SENA: Second.
10:38:50 It seems to me that according to what we understand
10:38:53 about not being able to display liquor after a certain
10:38:57 time that 7-Eleven or convenience stores would have to
10:39:01 have roll-down shades in front of their beer.
10:39:07 I need a clarification on that.
10:39:10 That's why it seems particularly absurd.
10:39:13 >>CATHERINE COYLE: I think within two weeks we can
10:39:15 look at the way the regulation reads and read back on
10:39:17 what the interpretation of it is exactly and let now
10:39:20 where it needs to be cleaned up at least.
10:39:23 The other two items that Mr. Michelini --
10:39:25 >>CHAIRMAN: We have a motion and second.
10:39:26 (Motion carried).
10:39:27 >>CATHERINE COYLE: The other two items that were
10:39:30 brought up by Mr. Michelini, the first one being the
10:39:32 notice on the next business day for public hearing,
10:39:35 that was actually a discussion that I have about due
10:39:38 process.
10:39:40 We are potentially sending a list to council for
10:39:42 people that are not complying with their licenses.

10:39:45 And you scheduled a date for public hearing and we are
10:39:49 putting notice on ourselves to make sure the letter
10:39:51 goes out to the property owner and the operators
10:39:53 saying you're scheduled for public hearing.
10:39:55 It's really just putting them on notice.
10:39:57 That is something we wanted to take the -- make the
10:40:00 obligation for.
10:40:01 The second piece is the dryup with extension of time.
10:40:04 So it's really -- they just weren't able to meet the
10:40:08 extension of time.
10:40:09 Right now they can't apply for six months.
10:40:12 Striking out 390 from section 3102-A.
10:40:16 Ms. Kert didn't note she would bring that back to you
10:40:19 this afternoon.
10:40:22 >>CHAIRMAN: We have a motion and second.
10:40:23 (Motion carried)
10:40:28 Bring us another ordinance in two weeks.
10:40:35 >> I can bring back the change to 390.
10:40:40 >>SHAWN HARRISON: What are you going to do with
10:40:42 respect to 320, come back in two weeks?
10:40:46 >> Come back in two weeks with, I believe the motion
10:40:48 was, a staff report and a proposal.

10:40:50 >>SHAWN HARRISON: And a proposed ordinance change.
10:40:52 >>MARY ALVAREZ: And also a temporary stay.
10:41:06 >>MARTIN SHELBY: No motion on which?
10:41:07 >>SHAWN HARRISON: I'll make it right now.
10:41:09 >>GWEN MILLER: All in favor?
10:41:15 >> The number and square footage of the establishment.
10:41:18 >>MARY ALVAREZ: Also the stay.
10:41:20 >>MARTIN SHELBY: Which I believe was a separate
10:41:22 motion.
10:41:22 >>MARY ALVAREZ: How degenerative we make that a
10:41:24 separate motion without the first motion?
10:41:25 >>GWEN MILLER: We did it.
10:41:28 All in favor of the motion say Aye.
10:41:30 Opposed, Nay.
10:41:31 Two weeks, yes.
10:41:33 Is this anyone in the public that wants ask for
10:41:36 reconsideration?
10:41:40 Now we go to our audience portion.
10:41:43 >>STEVE MICHELINI: I wasn't here on reconsideration
10:41:46 but Ms. Saul-Sena asked about sizing of the
10:41:50 establishments.
10:41:50 If you look on page 2, section 3-30, item 7, and 8,

10:41:57 those set minimum floor areas and number of seats for
10:42:01 beer and wine consumption on premises.
10:42:04 And for beer only on premises.
10:42:08 And I had asked before that those be reduced to enable
10:42:11 smaller establishments.
10:42:12 >> That's what I said.
10:42:14 >>STEVE MICHELINI: And those are included, too. I
10:42:16 didn't bring it up earlier but I brought it up two or
10:42:18 three weeks ago, that you mate want to look at that by
10:42:21 reducing those sizes and requirements.
10:42:24 >>LINDA SAUL-SENA: That's way said, Mr. Michelini.
10:42:26 >>SHAWN HARRISON: That's the two-week motion that we
10:42:30 just passed.
10:42:30 >>MARY ALVAREZ: But we are not doing it today.
10:42:35 >>REBECCA KERT: The items are the ordinance contains
10:42:38 conflicting regulations and one section requires 50
10:42:41 tables, one requires 20.
10:42:42 We made them both down to 20.
10:42:44 When there was a conflict we took the lower number.
10:42:47 But I'm going to need some time to see what state law
10:42:50 requirements and how that's going to reflect what the
10:42:52 state requirements are.

10:42:53 And I can't promise we'll bring that back tonight.
10:42:56 I'm happy to bring that back in two weeks.
10:42:59 69 we two to our public comments.
10:43:01 Anyone in the public that would like to speak on any
10:43:02 item on the agenda that is not set for public hearing.
10:43:06 >> Pete Johnson, 301 Druid hill.
10:43:10 Good morning, council.
10:43:11 First I would like to talk about number 1.
10:43:14 We wasted a bunch of time on two signs.
10:43:18 I mean, I'm sorry, I saw no point in that whatsoever.
10:43:23 We can notify these people in the utility bill.
10:43:27 I think the entire city should be notified in the
10:43:29 utility bill.
10:43:30 But that was a waste of government time.
10:43:32 I'm sorry.
10:43:33 Number 2.
10:43:35 Bacon Lake.
10:43:39 This is the original letter that I sent to Shawn about
10:43:42 Bacon Lake.
10:43:43 It has absolutely nothing to do with code enforcement.
10:43:47 Okay.
10:43:47 When I heard Shawn make the mistake during council

10:43:50 meeting, I immediately called his secretary.
10:43:53 And I said, it has nothing to do with code
10:43:55 enforcement.
10:43:56 Code enforcement is working good.
10:43:57 It has to do with the legality.
10:43:59 This is the letter that I sent the mayor which I
10:44:03 want -- hoped the attorney's office would have read.
10:44:09 Again it has nothing to do with code enforcement.
10:44:12 The problem is that from what George Martin told me is
10:44:17 these people have a legal right to go into this pond
10:44:21 area, okay, because of the wait the lot and block and
10:44:24 everything is written up, which I would have figured
10:44:26 that would have been corrected before they brought it
10:44:27 to you for the interlocking agreement.
10:44:31 Now, who is responsible if a chilled falls into that
10:44:35 retention pond?
10:44:37 And, no, it is 12 to 15 feet deep, because I was there
10:44:40 when they restored it all.
10:44:42 I was very involved with the county in getting that
10:44:46 done.
10:44:46 It has a muck problem that if you put a board, piece
10:44:52 of plywood will sink down into it.

10:44:54 So if a chilled gets in there, he sinks.
10:44:57 Another thing is that I talked to the guys who mow and
10:45:02 the supervisors of the city, and they have removed
10:45:07 boards so that the kids can take their bikes and ride
10:45:11 into the retention pond.
10:45:13 It's ridiculous.
10:45:15 Where he gets this information, I don't know.
10:45:17 But I was very upset with that.
10:45:22 Who is liable?
10:45:24 George Martin that took the beautiful pictures, he
10:45:28 snuck through the gate through the -- if George Martin
10:45:34 can get through why can't a chilled get through there?
10:45:37 If a child dies, who do they sue?
10:45:40 Is it going to be child neglect?
10:45:41 Yeah, probably.
10:45:42 But still somebody has to take the responsibility.
10:45:44 The city is making -- taking care of the property
10:45:48 extensively, except I had to call all the way up to
10:45:52 deer really Smith to get a tree back up that the kids
10:45:55 pulled down from playing in the water.
10:45:56 Plus it's polluted.
10:45:58 It is polluted.

10:45:59 Kids are fishing in it.
10:46:02 Maybe when Mr. Martin went out there wasn't anybody.
10:46:05 Maybe some of the neighbors didn't see anybody.
10:46:07 But I have a list of five or six neighbors that are
10:46:09 just up in arms over it.
10:46:11 And scared to death that they are going to get sued
10:46:14 because they have legal access to it.
10:46:19 This is something that needs to be corrected.
10:46:21 We can't let it go on.
10:46:23 What other retention pond in the City of Tampa allows
10:46:25 people to go swimming in it?
10:46:27 Or even has 12 to 15 feet of water?
10:46:30 Most retention ponds dry out.
10:46:32 This one doesn't.
10:46:34 It was a borrow pit when they developed the area.
10:46:37 Then the developer hooked it into the street drain.
10:46:40 And then the city hooked it up.
10:46:41 So, I mean, it's a cesspool.
10:46:44 It's got to be protected.
10:46:45 The citizens have to be protected, or at least they
10:46:48 need to be notified by the city, and the legal
10:46:51 department, of their liability.

10:46:53 And I'll bet you 10 to 1 when they find out they are
10:46:56 liable if a child dies on it they'll request the city
10:46:59 to take it over.
10:47:00 >>GWEN MILLER: Thank you.
10:47:02 Ms. Saul-Sena?
10:47:05 >>LINDA SAUL-SENA: I think that Mr. Johnson raises
10:47:08 some good points.
10:47:09 I know that this is transcribed and I would like our
10:47:12 legal department to address the points that he raised.
10:47:16 >>MARY ALVAREZ: Second.
10:47:16 >>LINDA SAUL-SENA: I would like to have a report back
10:47:19 in two weeks on the issues addressed by Mr. Johnson.
10:47:22 And he appears to have in the writing.
10:47:25 Perhaps you can give a copy to the city clerk so legal
10:47:27 can read it in case they didn't see it on TV and they
10:47:30 can address it specifically.
10:47:32 Thank you.
10:47:32 >>MARY ALVAREZ: Thank you for bringing it up.
10:47:35 >>GWEN MILLER: motion and second.
10:47:37 (Motion carried)
10:47:39 Mr. Knott.
10:47:41 >>MOSES KNOTT, JR.: I reside at 2902 East Ellicott

10:47:45 street three nights a week.
10:47:49 And then I just thank God for his grace and his mercy.
10:47:53 I don't know what I would do.
10:47:58 When you all picked Mr. Shelby, I like to have had a
10:48:01 heart attack, and his background and everything, I
10:48:09 love looking at the background, you know, but this
10:48:12 morning, you all picked a winner this morning.
10:48:16 For one particular reason.
10:48:17 I figured that man, this man went to Harvard law
10:48:24 school.
10:48:26 Ooh, that man got all the ingredients.
10:48:27 We need people like that.
10:48:29 We don't need people with a one-track mind to be on
10:48:31 these boards, you know.
10:48:33 I mean, City Council, when don't need people to be up
10:48:37 there with a one-track mind and Harvard educated.
10:48:40 Like the man asked me, I went up, way was supposed to
10:48:44 do.
10:48:45 Don't even try.
10:48:46 But this morning, that made me so nervous, my heart
10:48:54 jumped out of my chair.
10:48:56 But you picked a winner.

10:49:00 You all got the best man.
10:49:02 But this morning, you all talked about this morning, I
10:49:09 tell you over and over again, you all opened a can of
10:49:11 worms for these insurance people and real estate
10:49:13 peoples.
10:49:14 You all put them signs up.
10:49:16 People aren't going to be able to sell their property.
10:49:19 Who wants to buy a house where it's going to hit one
10:49:24 day.
10:49:24 It ain't going the to hit one day what you all said.
10:49:29 But I tell you always, storm surges, storms, winds,
10:49:34 floods, are all driven by sin.
10:49:40 People say it won't happen.
10:49:42 Good example now, Tampa is the number one hit list.
10:49:46 We had one storm was going to head straight here, and
10:49:49 that storm quit and went across the State of Florida.
10:49:51 It was going to wipe out Pinellas County and
10:49:54 Hillsborough County.
10:49:54 But I want to say, though, we don't know how blessed
10:50:00 we are.
10:50:01 For you all to sit up there and do that, I am going to
10:50:03 tell you what happened to real estate people and those

10:50:06 insurance peoples, always going back to New Orleans.
10:50:09 New Orleans when they had that great big, you know --
10:50:15 that those people had storm insurance.
10:50:17 And the storm hit and then the flood come in there.
10:50:23 And all the insurance peoples said it was the act of
10:50:26 God, they didn't have -- they couldn't cover those
10:50:29 people.
10:50:30 90% of the people didn't get no insurance coverage.
10:50:32 So that a tragedy you all telling those kinds of
10:50:37 things and those signs, anybody that wants to buy a
10:50:41 piece of property or buy insurance, they all say, they
10:50:44 got that sign in the neighborhood, we aren't going to
10:50:46 buy it.
10:50:47 But I wanted to say, though, that that was a bad idea
10:50:50 and you all should have let that alone.
10:50:52 Like I said, those people down there, the sin in this
10:50:56 town, most of it neighbor hating, gambling, and people
10:51:04 serving different kind of false Gods.
10:51:06 God hate that kind of stuff.
10:51:08 But all the stuff, wouldn't have to worry about this
10:51:13 kind of stuff but people get stressed out on this kind
10:51:16 of thing and no reason.

10:51:17 >>GWEN MILLER: Thank you.
10:51:18 Next.
10:51:26 >> I live at 502 Boston, apartment B.
10:51:32 I come down here to talk about the right-of-way, case
10:51:39 number 306-13.
10:51:44 >>JOHN DINGFELDER: What item number?
10:51:47 >>THE CLERK: That's a public hearing.
10:51:48 >>GWEN MILLER: You have to wait a few minutes.
10:51:50 We haven't gotten to the public hearings yet.
10:51:52 Would anyone else like to speak?
10:51:54 We are going to go to item 14, which is an ordinance
10:51:57 for first reading.
10:51:58 >>KEVIN WHITE: Move an ordinance in the city of Tampa,
10:52:06 Florida amending ordinance 2006-169 by correcting
10:52:09 scrivener's errors in the text by amending section
10:52:11 27-180 table 8-3 table of required parking spaces
10:52:15 amending section 27-240 visibility of intersections
10:52:18 amending section 27-242, table 10-1, table of required
10:52:22 parking spaces, amending section 27-245,
10:52:26 administrative variance of required parking spaces,
10:52:29 amending section 27-246, off-street parking space
10:52:32 standards, amending section 27-321, purpose, amending

10:52:36 section 27-324, general requirements, amending section
10:52:40 27-456, parking requirements, providing for repeal of
10:52:46 all ordinances in conflict, providing for
10:52:48 severability, providing an effective date.
10:52:49 >>GWEN MILLER: I have a motion and second.
10:52:51 Question on the motion?
10:52:52 >>LINDA SAUL-SENA: I need some clarification from
10:52:54 staff.
10:52:55 I have this in my background materials but I don't
10:52:57 know if it's specifically addressed here.
10:53:00 I had raised the -- the current requirement is that
10:53:06 60% of the parking spaces are allowed to be compact, I
10:53:11 looked at other communities where it's a much lesser
10:53:14 percentage.
10:53:14 Is that addressed?
10:53:16 >>JULIA COLE: Legal department.
10:53:17 All this is the previous chapter 27 amendment which
10:53:20 had already gone through council, we found spelling
10:53:24 mistakes, we found things that were not removed.
10:53:28 Scrivener's errors, you know, little small things, we
10:53:31 figured we would clean them up now as opposed to
10:53:33 cleaning them up later.

10:53:35 >>LINDA SAUL-SENA: But that matrix of parking is
10:53:37 coming back in I believe a week or so.
10:53:39 >> I believe that may be part of the items that are
10:53:44 coming back on the 21st.
10:53:56 >>CATHERINE COYLE: It's small things.
10:53:59 >>GWEN MILLER: All in favor of the motion say Aye.
10:54:01 Opposed, Nay.
10:54:02 (Motion carried).
10:54:02 Item number 15.
10:54:05 Ms. Alvarez.
10:54:06 >>MARY ALVAREZ: An ordinance authorizing the
10:54:08 installation and maintenance of an encroach.
10:54:10 Canopy by Zatum, LLC, over a portion of the public
10:54:15 right-of-way known as east oak Avenue near the
10:54:17 intersection of east oak Avenue and Jefferson street,
10:54:20 as more particularly described herein, subject to
10:54:22 certain terms, covenants, conditions and agreements,
10:54:25 as more particularly described herein, providing an
10:54:29 effective date.
10:54:32 >>GWEN MILLER: I have a motion and second.
10:54:34 (Motion carried)
10:54:34 We go to our committee reports.

10:54:35 Public safety, Mr. John Dingfelder, vice chair.
10:54:39 >>JOHN DINGFELDER: I'll move item 16.
10:54:42 >> Second.
10:54:42 >>GWEN MILLER: Motion and second.
10:54:44 (Motion carried)
10:54:46 Parks and recreation, Ms. Mary Alvarez.
10:54:49 >>MARY ALVAREZ: Move items 17 through 20.
10:54:53 >> Second.
10:54:54 (Motion carried).
10:54:54 >>GWEN MILLER: Public works, Mr. John Dingfelder.
10:54:59 >>JOHN DINGFELDER: I'll move item 21 and 22.
10:55:02 >> Second.
10:55:03 (Motion carried).
10:55:04 >>GWEN MILLER: Finance Committee, Mr. Kevin White.
10:55:07 >>KEVIN WHITE: Move 22.
10:55:10 >> Second.
10:55:10 (Motion carried).
10:55:11 >>GWEN MILLER: Ms. Saul-Sena -- 27.
10:55:30 >> I'm Cindy Miller, growth management.
10:55:32 It's really an agreement but an existing one.
10:55:35 City Council has approved a resolution back in January
10:55:42 with the Tampa business civic association.

10:55:43 This is for the in-fill housing they will be
10:55:46 constructing on what's currently city-owned property.
10:55:48 And in working with them over the last if you months,
10:55:51 we need to make some modifications because everything
10:55:53 from changes in housing prices to other consideration,
10:55:57 we will be back with you with at least two other not
10:56:01 for profit organizations that are working with us,
10:56:03 with very the same terms and conditions, and that
10:56:07 should be before you in the next week or so.
10:56:09 >>MARY ALVAREZ: These were city owned lots that we
10:56:13 sold them?
10:56:14 >>> Yes.
10:56:14 And request for proposing during 2005.
10:56:20 >> They are the ones that are going to be constructing
10:56:23 these homes?
10:56:24 >>> They will be the ones constructing these homes,
10:56:26 and this is setting out the process and the
10:56:28 contractual relationship between the city and the not
10:56:30 for profits for that construction.
10:56:32 >> Is the type of contract that you are putting out or
10:56:34 agreement pretty much the same as the CDC agreement?
10:56:40 >>> All of the CDCs that have participated in the

10:56:43 request for qualifications and requests for proposals,
10:56:46 they will all be the same agreement.
10:56:49 >> Thank you.
10:56:49 >>LINDA SAUL-SENA: Move resolutions 27 through 36.
10:57:01 I'm sorry, 24 through 34.
10:57:12 (Motion Carried)
10:57:13 >>GWEN MILLER: All right.
10:57:21 35.
10:57:21 >>JULIA COLE: Legal department.
10:57:23 The sign which is being requested really to increase
10:57:26 the height is located at 1308 north Howard, 275,
10:57:34 relocated.
10:57:35 That would have previously existed actually on the
10:57:37 other side of 275 of Howard as well which is part of
10:57:39 the interstate 275 widening, and increasing the
10:57:44 heights project.
10:57:45 It's been previously permitted at feet.
10:57:47 They provided a survey indicating that that will not
10:57:50 provide enough height to have visibility from I-275
10:57:53 and that's why the request is to increase the height
10:57:55 to 72 feet.
10:58:00 >>JOHN DINGFELDER: Question.

10:58:03 Do we have anyway to visualize what that means?
10:58:07 Do we just take their word for it, that that's
10:58:10 important, and just do it?
10:58:12 >>JULIA COLE: The problem is that when you have these
10:58:16 FDOT -- and this is a sign that is pursuant to the
10:58:22 widening of 275, there is a request from FDOT -- from
10:58:31 the new 275 in this case, from the signs indicating
10:58:41 the height that was necessary to give the same amount
10:58:44 of height as previously allowed.
10:58:46 And this is just -- and I said this before, the state
10:58:50 statute provides that if you have a taking of a sign
10:58:52 for a public project, you can either relocate it, or
10:58:56 you can pay for it.
10:58:57 The problem is the way the statute is written is we'll
10:59:03 let you relocate it, let you comply with all -- you
10:59:09 need to find a place in the local government to do so
10:59:11 F. the local government says, no, we are not going to
10:59:13 allow to you relocate the sign we run the risk of
10:59:16 actually paying for the fine.
10:59:18 >> And I'm all fine with that and I understood that a
10:59:20 few minutes ago the last time.
10:59:21 But more specific related to this particular sign is

10:59:24 that I understand they are putting up some of those
10:59:28 sound barriers, and that might be part of the impact.
10:59:31 But I think it's important that somebody actually
10:59:35 visually, you know agree with the applicant's
10:59:42 analysis.
10:59:46 I want to make it as tall as possible if I'm the
10:59:48 applicant so it can be seen from as far away as
10:59:50 possible.
10:59:51 I don't know if they are doing that.
10:59:52 >>> We rely on field surveys.
10:59:54 >> But the survey is probably -- a survey of the
10:59:58 ground.
10:59:58 I don't know if they are surveying to the see what
11:00:00 it's going to look like from where?
11:00:03 You know what I'm saying?
11:00:05 >>> I do understand what you're saying.
11:00:07 >> Mr. Porter, I see you moving around.
11:00:09 Do you have some drawings or something?
11:00:12 >>CHAIRMAN: Does Ms. Saul-Sena want to speak before
11:00:15 you speak?
11:00:17 >>LINDA SAUL-SENA: Howard Avenue runs through the
11:00:19 national register historic district in West Tampa.

11:00:22 The City of Tampa also sold a historic cigar fact a
11:00:26 try on the southeast side of the street to Mr. Miles
11:00:33 who has done a fabulous job of rehabbing it.
11:00:36 I just want to make sure that our historic resources
11:00:40 aren't having a large billboard placed in the middle
11:00:42 of them.
11:00:43 So can you address the location and how it relates to
11:00:46 our historical area?
11:00:50 >>> The original request was to actually place this
11:00:52 billboard in that location.
11:00:54 >> Which location?
11:00:55 >>> Where I believe you're speaking of.
11:00:58 And it was after discussion with -- we encouraged them
11:01:04 not to revise that location so they have moved to the
11:01:07 another location.
11:01:07 >> What is the other location?
11:01:09 >>> The other location, I believe it's across the
11:01:11 street, and down south, a little further.
11:01:14 >> Do you have a little map or something?
11:01:18 >>MARY ALVAREZ: Across the street from Howard Avenue?
11:01:21 >>LINDA SAUL-SENA: Across which street?
11:01:23 I just want to make sure that the historical quality

11:01:26 of West Tampa isn't being compromised by this
11:01:29 billboard.
11:01:32 >>> And I do know that this was requested, and the
11:01:39 request is the sign not be relocated to that site and
11:01:44 how far away it is from that other site, I don't have
11:01:46 a little map.
11:01:47 If you want we can go ahead and hold this for one
11:01:51 week.
11:01:53 >>MARY ALVAREZ: Ms. Saul-Sena, you should see the
11:01:55 proliferation of signs in the interstate 275, into the
11:02:00 historic district.
11:02:01 >>LINDA SAUL-SENA: That's exactly my point.
11:02:03 >>MARY ALVAREZ: Right on green street.
11:02:08 They are just huge.
11:02:09 And apparently, we as the city have no jurisdiction
11:02:12 over where they put the signs.
11:02:16 An apparently not.
11:02:18 They don't listen to us.
11:02:22 >>> Jim Porter, representing applicant here, Ruden
11:02:26 McCluskey.
11:02:27 It is an agreement that the city would be entering
11:02:29 into with the sign company, is exhibit B, provided

11:02:35 survey attached for the agreement.
11:02:39 As explained in exhibit B that there is a building
11:02:41 located between the sign and I-275.
11:02:43 A multi-story building, the justification for the
11:02:46 height increase.
11:02:48 >> Which building?
11:02:48 >> It doesn't identify that in the exhibit.
11:02:51 >> The multi-story building.
11:02:57 >>LINDA SAUL-SENA: I would like to move to continue
11:02:59 this for a week.
11:03:00 >>MARY ALVAREZ: Second.
11:03:02 >> And it can be at the beginning of the meeting under
11:03:04 continued reports.
11:03:09 A graphical representation of the proposed billboard,
11:03:11 where it's going to be, the height it's going to be,
11:03:14 and its contact.
11:03:22 >> I would be happy to continue it till early this
11:03:25 evening.
11:03:25 We are meeting at 5.
11:03:26 >> We would be happy to continue it for a week after
11:03:36 that.
11:03:36 If we can provide that to you, we would like that

11:03:38 opportunity.
11:03:40 >> I move to continue to 5:00 if we are allowed to do
11:03:42 that.
11:03:45 Hopefully, this will not take a long time.
11:03:47 We'll see it.
11:03:48 It will either be acceptable or not acceptable.
11:03:49 >>SHAWN HARRISON: What happens if we see it and we
11:04:01 don't like it?
11:04:02 >> They have to find another location.
11:04:06 >> They got their location.
11:04:07 If we don't approve it we are going to pay for it.
11:04:09 >> And we also want you to know this is going to be a
11:04:12 location that's already been approved.
11:04:17 >>>
11:04:18 >>JOHN DINGFELDER: That's the issue for me is height
11:04:20 and if it's behind the building it's closer to the
11:04:22 neighborhood.
11:04:22 I think that what we want to do is try to see what
11:04:25 it's going to look like, if we are okay with it, and
11:04:27 then go with that.
11:04:28 There is some discussion.
11:04:30 Not the exact location in the ground.

11:04:32 They are asking for a height addition, too:
11:04:37 >>GWEN MILLER: Continue this item to 5:00.
11:04:44 All in favor of the motion say Aye.
11:04:46 Opposed, Nay.
11:04:49 (Motion carried) Mr. Harrison?
11:04:51 >>SHAWN HARRISON: I move to set the new hearings,
11:04:54 items 36 through 47.
11:05:00 >> With substitutions on 37 and 39?
11:05:02 >>GWEN MILLER: We have already done those.
11:05:05 We have a motion and second.
11:05:06 All in favor of the motion say Aye.
11:05:08 Opposed, Nay.
11:05:27 Number 48.
11:05:28 Need to open the public hearing.
11:05:30 >> So moved.
11:05:31 >> Second.
11:05:31 (Motion carried)
11:05:39 Anyone in the public that's going to speak on items 48
11:05:42 through 54, please stand and raise your right hand.
11:05:56 (Oath administered by Clerk).
11:05:57 >>MARTIN SHELBY: A few housekeeping items.
11:06:01 Madam clerk, are there any written communications for

11:06:03 today's hearing?
11:06:10 Okay.
11:06:12 Ski that all written communications relative to
11:06:14 today's hearings that have been available for public
11:06:16 inspection be received and filed into the record at
11:06:17 this time.
11:06:19 >> So moved.
11:06:19 >> Second.
11:06:20 (Motion carried).
11:06:20 >>MARTIN SHELBY: Secondly, with regard to ex parte
11:06:24 communications, if council members have had any,
11:06:26 please expose those prior to taking any action.
11:06:30 Finally, ladies and gentlemen, when you state your
11:06:32 name please reaffirm for the record that you have been
11:06:34 sworn.
11:06:35 There's a little sign to remind you.
11:06:37 >>JOHN DINGFELDER: Are these quasi-judicial?
11:06:43 48, 49, 50.
11:06:47 It says they are but I just wonder if they really are.
11:06:51 >>SHAWN HARRISON: It doesn't really matter.
11:06:54 >>JOHN DINGFELDER: Let me go ahead and disclose then.
11:06:57 If you are going to the take them quasi-judicial then

11:07:00 I'll disclose, Christine Burdick called me from the
11:07:04 downtown partnership to encourage me to support the
11:07:08 assessment, which I guess is item 49.
11:07:11 I think that's appropriate in her role as the
11:07:13 Executive Director of that for her to do that.
11:07:22 >>KEVIN WHITE: I had the same conversation with Mrs.
11:07:25 Burdick.
11:07:26 It wasn't on the phone, it was in person.
11:07:28 >>MARY ALVAREZ: Me too.
11:07:30 >>SHAWN HARRISON: She trade to call me but I never
11:07:32 called back.
11:07:33 [ Laughter ]
11:07:34 >>CHAIRMAN: We are ready now.
11:07:39 >>> My name is Jan McLean, assistant city attorney in
11:07:44 the legal department, here to introduce number 48 as a
11:07:47 proposed adoption of the annual non-ad valorem
11:07:49 assessment and stormwater fee for properties in the
11:07:52 incorporated boundaries of the city.
11:07:54 I have two items that are identified as appendices to
11:07:58 the resolution that I need to enter into the record
11:08:00 and hand to the clerk.
11:08:02 The first one is appendix A approved for publication

11:08:06 and appendix B which is affidavit of mailing.
11:08:20 The city received one letter of comment that hi would
11:08:23 like to distribute to council members.
11:08:41 Stormwater utility assessment roll be electronically
11:08:44 transmitted to the tax collector no later than
11:08:47 September 15th as indicated in the resolution.
11:08:50 I would like to remind council at this time that the
11:08:52 vote on the resolution must be made, taken during the
11:08:56 public hearing.
11:08:58 At this time I would like to introduce chuck Walter,
11:09:00 director of the stormwater department to make a brief
11:09:02 presentation.
11:09:12 >>> Could I have the PowerPoint up, please?
11:09:13 Good morning, council.
11:09:15 Chuck Walter, director of the stormwater development.
11:09:17 It's nice to see you this morning.
11:09:18 I just have a very brief presentation of kind of the
11:09:21 status of the stormwater assessment that we'll be
11:09:23 discussing today.
11:09:24 This is basically an update of our system, of our
11:09:28 program.
11:09:33 I want to start off with saying that this is not a

11:09:35 change to the existing rate.
11:09:37 This is the same assessment rate that we had last
11:09:39 year.
11:09:41 Just a little bit of history on the program.
11:09:44 In 2003, we had an adopted rate of about $12 per
11:09:48 median residential unit.
11:09:50 In the fall of 2005, the assessment rate was increased
11:09:54 to $36.
11:09:56 That generates about $4 million a year, which is to
11:10:01 ship resource that is had been previously paid out of
11:10:03 the general fund into a capital program for
11:10:06 improvements in a five year CIP.
11:10:09 We included in a package previously the new year of
11:10:14 the five year CIP which is the 2011 year projects and
11:10:20 those are listed on this sheet and talk to them in
11:10:23 detail that you would like but this is basically the
11:10:26 2011 projects that are not added to the five year CIP.
11:10:31 What we are asking for today is chapter 21 requires
11:10:35 that we have public hearing before we transmit the
11:10:38 role to the tax collector.
11:10:41 The rates stay the same for 2007.
11:10:44 All persons that have been changed in their assessment

11:10:46 have been noticed by public mail.
11:10:50 And the role is on file with the city clerk, if anyone
11:10:53 would like to review it.
11:10:55 And those all that I have for you today.
11:10:56 I'll be happy to answer any questions.
11:11:00 >>LINDA SAUL-SENA: Mr. Walters, thank you very much.
11:11:02 I see the new 2011 CIP project.
11:11:05 I wonder if it's appropriate for us to be considering
11:11:09 those until we absorb the new cost increases that we
11:11:15 are seeing in our existing projects.
11:11:18 Several council members, in fact four of the six of us
11:11:20 here, serve on the MPO, and we have not even
11:11:23 considered the fifth year out in the upcoming year
11:11:29 because we have been told that the construction cost
11:11:31 increases are so significant that we can't complete
11:11:34 the existing work program until -- we need to use the
11:11:39 fifth year out money to complete our existing work
11:11:42 program.
11:11:42 And rather than getting people's hopes up for this, I
11:11:46 wonder if it's appropriate for us to be getting --
11:11:50 identifying projects out into the future when we know
11:11:53 that our costs seem to escalate disproportionate.

11:11:59 >>> I really appreciate you bringing up that point.
11:12:00 It is a significant one.
11:12:01 And in the long-range capital improvement plan.
11:12:04 We have addressed it.
11:12:05 Our CIP is not of such magnitude as the MPO so we were
11:12:10 able to sit down and readjust our future cost dollars,
11:12:13 and hopefully we'll see somewhat of a flat line trend
11:12:16 in those costs and those were our bases of evaluating
11:12:21 it but we did go through that process.
11:12:24 >> Excellent.
11:12:24 Thank you.
11:12:24 >>MARY ALVAREZ: I think this was the mayor's wish that
11:12:27 we go ahead and as we finish up projects, then I think
11:12:35 this is wonderful.
11:12:41 >>JOHN DINGFELDER: Thank you, Mr. Walter, for your
11:12:44 presentation.
11:12:44 The letter that council identified and gave to us, I
11:12:51 just wanted to reference -- reference it very quickly.
11:12:54 Mr. and Mrs. RESH on Davis Island, in a nutshell,
11:12:58 what Mr. and Mrs. RESH said they are concerned
11:13:01 about, life-long residents, I assume in the stormwater
11:13:09 assessment, were against the assessment, said that

11:13:12 property -- the city is taking in more property taxes,
11:13:15 and said, yes, costs for the city have increased but
11:13:19 not as dramatically as windfall property tax income.
11:13:23 I'm just reading this from Mr. Resh.
11:13:26 I don't know if I agree or disagree.
11:13:28 The city needs to use this money for the upkeep of the
11:13:30 neighborhood, stormwater is a great example of exactly
11:13:33 what the city should pay for with the extra property
11:13:35 tax money that we are taking in.
11:13:37 I would ask either you, chuck, or Jim Stefan in the
11:13:40 audience, I think when we adopted the stormwater fee,
11:13:44 I think we addressed some of these issues.
11:13:46 But if there's still folks out there who have now
11:13:51 gotten a new stormwater bill, maybe new to town,
11:13:54 didn't call the first time, maybe they don't
11:13:56 understand.
11:13:57 But I think it's important to explain why the fee was
11:13:59 put into place and why it's still relevant.
11:14:03 In terms of the projects that we really need to get
11:14:05 done in the community.
11:14:07 >>JIM STEFAN: Budget officer.
11:14:09 I believe the rationale is that the government

11:14:12 couldn't afford an increase, whether it be through
11:14:17 utility taxes or through general funds.
11:14:18 The dollars necessary to attack the major problem of
11:14:23 stormwater improvements.
11:14:24 So what the city did was it created a stormwater
11:14:27 assessment to start to enhance the amount of money
11:14:30 that the city was using towards stormwater program.
11:14:34 The city continues to spend, I think it's in excess of
11:14:38 $11 million of general fund dollars and utility tax
11:14:41 dollars towards the stormwater program, and then the
11:14:44 $6 million or so of assessments is on top of that.
11:14:48 So it's accelerated not only the number of projects
11:14:51 that we are doing, not just through recurring dollars,
11:14:57 but also through bond issues and commercial paper, but
11:14:59 we are also increasing the maintenance efforts that
11:15:02 the stormwater department is doing.
11:15:03 So we are using both sources, both property taxes and
11:15:09 general fund dollars, utility tax dollars, and the
11:15:12 special assessments in order to do a comprehensive
11:15:15 increase in the programs that stormwater were
11:15:19 preparing.
11:15:21 >>JOHN DINGFELDER: Jim, you have been with the city

11:15:23 20-something years in budget and finance, right?
11:15:26 I think that from your perspective, from your unique
11:15:30 perspective, and we weren't getting to these projects.
11:15:33 We were getting to some of them but not very many of
11:15:35 them under the existing budget structure.
11:15:37 And so even though, yes, property taxes were taking in
11:15:42 more property taxes, those get chewed up by the police
11:15:45 department bundle, fire department budget, Parks
11:15:47 Department budget, the other general fund revenue
11:15:51 demand, and we weren't getting to the infrastructure
11:15:53 needs of stormwater.
11:15:56 Thank you.
11:15:57 >>MARY ALVAREZ: That's exactly the point I was going
11:15:59 to make.
11:16:00 And I thank you, Mr. Dingfelder, for bringing that up.
11:16:02 Because that's been my bone of contention all the
11:16:06 type, was that the property tax revenues that we do
11:16:10 get just get eaten up by the fire department and the
11:16:15 police department.
11:16:17 And so I would like -- glad you brought that up.
11:16:21 People really don't understand that even though our
11:16:25 property values go up, and our property taxes go up,

11:16:28 we just don't have the money to do anything else other
11:16:31 than pay the fire and police departments.
11:16:36 >>SHAWN HARRISON: Well, I don't necessarily agree with
11:16:39 my colleague on that statement.
11:16:42 The fact of the matter is, this year we have $28
11:16:45 million more ad valorem revenue than we had last year.
11:16:50 I didn't vote for this two years ago.
11:16:53 I haven't voted for it since.
11:16:55 And I think it's all a matter of prioritization.
11:16:59 I think we can address it that way as opposed to this
11:17:03 assessment.
11:17:05 >>GWEN MILLER: Is there anyone in the public that
11:17:06 wants to speak on item 48?
11:17:10 We need to move the resolution.
11:17:11 >>MARY ALVAREZ: Move the resolution.
11:17:14 >>GWEN MILLER: Second?
11:17:17 >>JOHN DINGFELDER: Does it need four votes or five
11:17:19 votes?
11:17:25 >> Just a simple majority, I believe.
11:17:28 >>GWEN MILLER: Need four votes.
11:17:30 >>CHAIRMAN: We have a motion.
11:17:33 Did we get a second?

11:17:35 >>JOHN DINGFELDER: Second.
11:17:35 >>GWEN MILLER: All in favor say Aye.
11:17:37 Opposed, Nay.
11:17:38 >>SHAWN HARRISON: Nay.
11:17:40 >>THE CLERK: Harrison, no.
11:17:42 >>CHAIRMAN: We need to close the public hearing.
11:17:45 >> So moved.
11:17:45 >> Second.
11:17:46 (Motion carried)
11:17:47 >>GWEN MILLER: Need to open 49.
11:17:49 >> So moved.
11:17:50 >> Second.
11:17:50 (Motion carried)
11:18:07 Christine Burdick with the Tampa downtown partnership
11:18:09 and I am here as we have been for the previous 12
11:18:12 years to ask for your consideration of approval of the
11:18:16 resolution in order to continue the special assessment
11:18:21 districts and the special services district that we
11:18:26 provide services for in downtown.
11:18:28 I did prior to today's meeting give all of you
11:18:33 literature relevant to the accomplishments of our last
11:18:35 year, the tons of garbage we collected and the number

11:18:39 of people that we assisted, we continued our flower
11:18:47 pot program and the guides program in conjunction with
11:18:50 the city and gave you our proposed work plan for the
11:18:52 next year.
11:18:53 We have, as you will see from our budget, we have
11:18:56 put -- from reallocation put special emphasis for the
11:19:01 next year in an expansion of our services, the clean
11:19:07 and services recognizing the residential and evening
11:19:11 uses increasing in downtown, we need to expand those
11:19:14 services.
11:19:14 As well, we put more money in transportation, because
11:19:17 that also gives a growing issue in downtown, and due
11:19:21 to the CMAQ funding going away, he would now in the
11:19:27 special services district supplement a little of that,
11:19:34 our transportation director.
11:19:35 We have community meetings, answered questions for
11:19:37 those residents who had -- resident and property
11:19:41 owners who had any.
11:19:42 We had four different community meetings.
11:19:43 And a number of people request W questions about how
11:19:51 the assessments are passed, how it is put into place,
11:19:54 and so unless you have questions of me, I will just

11:20:00 ask for your support of the continuance of the special
11:20:02 services.
11:20:04 >>KEVIN WHITE: Thank you, Ms. Burdick.
11:20:06 Last year when we were here, there were several
11:20:09 business owners, and also residents that were here in
11:20:15 opposition to this special assessment.
11:20:17 As we spoke in our meeting earlier this week, I want
11:20:22 to commend you and your staff for going out and
11:20:34 showing them the benefit of your services because I
11:20:36 don't think there is anyone here today in opposition
11:20:38 of, and as I told you earlier this weak, I have also
11:20:41 seen a more visible presence of your organization out
11:20:45 and about in the streets downtown, and I think we need
11:20:49 to do a little better job of letting the public know
11:20:54 about all the services that you do provide, not just
11:20:57 in business owners downtown, but possibly doing some
11:21:00 sort of PSA on the cable channel, letting occupants
11:21:07 know what services you all actually provide.
11:21:12 You do such wonderful services down here that people
11:21:14 don't even know about.
11:21:15 >>> I appreciate your comments and that's a very good
11:21:17 idea.

11:21:19 We will tell people more all the things that we can do
11:21:21 for them.
11:21:23 >>MARY ALVAREZ: Ms. Burdick with, I think we did have
11:21:27 a conversation last week, and I want you to reiterate
11:21:30 about the services, the trolley service through the
11:21:37 downtown partnership contributing to that.
11:21:41 >>> We are a business partner with Hartline for the
11:21:45 route that goes from downtown to Hyde Park and back.
11:21:51 >> To Hyde Park and back but not --
11:21:54 >>> The 96 route.
11:21:57 We are also working very closely with Hartline.
11:22:00 The examination and continuous reevaluation of that
11:22:03 service and how it's going to be improved, and how the
11:22:06 circulation in downtown generally --
11:22:10 >>MARY ALVAREZ: Right.
11:22:11 The circulator goes around how often?
11:22:14 >>> Every 15 minutes.
11:22:18 >> Are you will go to see if you can improve on that?
11:22:21 >>> Frequency, maybe a different routing.
11:22:27 A request for services to extend over the Channel
11:22:29 District.
11:22:30 Actually MPO is helping them with a study to

11:22:33 reevaluate how that service can be improved.
11:22:39 >> Now that the residences of Franklin are coming in
11:22:43 to line, are you doing anything about going into that
11:22:45 area, Franklin?
11:22:49 >>> The routing for the 96 would be reconsidered to
11:22:53 further north.
11:22:54 At one point it did go up to 14th street but now
11:22:57 goes up only to Cass.
11:23:03 >> So --
11:23:04 >>> Three lots south of residences of Franklin.
11:23:08 >> So when they come on line then you will be
11:23:10 extending that out there?
11:23:12 >>> Well, we will be advocating for that.
11:23:14 And we hope that Hart can find a way to do that.
11:23:21 >> Christine beings for the record I don't think
11:23:23 anyone said this yet.
11:23:25 The assessment is remaining the same this year.
11:23:27 >>> Yes.
11:23:29 The same rates that it has been for eleven years.
11:23:31 >> Great.
11:23:32 And I support it.
11:23:33 I pay it.

11:23:34 And I'm part of it.
11:23:36 But you all dop provide a service.
11:23:38 And it is for enhanced services.
11:23:40 And that is precisely what we should be enacting these
11:23:44 assessments for.
11:23:45 So I'm perfectly comfortable with it.
11:23:47 I do think you are doing the right thing by paying for
11:23:51 the transportation TMO out of the assess.
11:23:56 Ment.
11:23:56 As you know we wrestled with that at the MPO and the
11:23:59 MPO is not going to be able to keep subsidizing our
11:24:03 TMOs.
11:24:04 And I'm glad to see you take the bull by the horns and
11:24:06 say, you know what?
11:24:08 That's part of our mission and we are going to suck it
11:24:10 up and cover that ourselves.
11:24:13 >>> Well, we can't cover the quarter of a million
11:24:15 dollars, but CMAQ has -- we can give a little bit to
11:24:20 at least continue the services.
11:24:25 >>SHAWN HARRISON: Well, the money is going away.
11:24:27 So you're going to have to figure that out.
11:24:30 We are giving everybody a five year window to figure

11:24:33 that out.
11:24:33 >>CHAIRMAN: Is there anyone in the public that wants
11:24:35 to speak on item 49?
11:24:36 You may come up and speak.
11:24:40 Come on up, sir.
11:24:45 >>> I have been sworn in.
11:24:46 My name is Henry Lewis.
11:24:48 I'm a resident, land owner and current business owner
11:24:51 in the Channel District since 1968.
11:24:54 I'm also the current vice-president of CDC and CRA
11:24:59 advisory committee.
11:25:00 I have two questions.
11:25:03 Am I under the two minute rule?
11:25:05 >>GWEN MILLER: Three minutes.
11:25:06 >>> Good.
11:25:06 First of all, I would like to read the city's original
11:25:10 1997 resolution, page 2, whereas the city levied
11:25:19 ad valorem assessment in downtown without the consent
11:25:21 of the majority of the affected property owners, nor
11:25:24 shall it reduce the base level of services in the
11:25:27 downtown area as a result, a special levy, and such
11:25:30 assessment in conjunction with and coinciding

11:25:35 reductions in services city-wide.
11:25:39 My questions are, how does the residential property
11:25:43 located within the Channel District, outside of the
11:25:45 central business downtown DRA, receive a special
11:25:52 benefit as a special assessment?
11:25:55 More importantly if the residential property within
11:25:57 the Channel District receives a direct special benefit
11:25:59 from this assessment, why then is the district CRA
11:26:05 approving TIF money for some of the same services,
11:26:08 supposedly being provided by this assessment?
11:26:11 And this statement is accurate.
11:26:20 Another question is what is the city's authority to
11:26:23 levy a special assessment and are there any special
11:26:26 restrictions?
11:26:29 I don't know, would you like me to continue?
11:26:31 >>GWEN MILLER: Yes, continue.
11:26:33 >>> Okay.
11:26:34 Exactly what are the services being provided to the
11:26:38 downtown area?
11:26:40 Per materials received from the downtown partnership
11:26:43 prior to today's hearings the benefit include litter
11:26:45 and debris collection, monthly reporting to TECO of

11:26:48 nonworking downtown streetlights, presence of downtown
11:26:53 guides, supporting local artists in downtown public
11:26:57 projects, promoting the downtown area advocating
11:27:01 better mobility downtown, promoting commuting options
11:27:08 to downtown employees, and working closely with the
11:27:13 downtown partnership.
11:27:14 I submit to you these services benefit the people, not
11:27:17 the property.
11:27:18 These services benefit the downtown area, and not
11:27:21 residential property owners within the Channel
11:27:24 District.
11:27:25 These services benefit visitors and downtown
11:27:29 employees.
11:27:29 These services do not provide a special direct benefit
11:27:32 to the residential property within the downtown
11:27:36 Channel District.
11:27:43 >>LINDA SAUL-SENA: I think it would be appropriate to
11:27:45 ask legal to address the questions raised.
11:27:49 >>CHAIRMAN: Mr. Territo is not here.
11:27:55 >>DAVID SMITH: City attorney.
11:27:56 Actually, Sal Territo is our expert on this but what I
11:27:59 would suggest we do, some of those questions were fact

11:28:02 based or policy based.
11:28:04 And I think Ms. Burdick can address those.
11:28:07 And direct any legal issues.
11:28:11 Certainly you can have things that you will spend more
11:28:12 than one source of funds on, it doesn't make it
11:28:15 inappropriate for either source of funds.
11:28:17 But I think Ms. Burdick has the more direct answers.
11:28:23 >>LINDA SAUL-SENA: Thank you.
11:28:25 Mr. Lewis read something that was written, I think --
11:28:29 well, at least ten years ago.
11:28:30 And I think it's a question of semantics whether
11:28:36 downtown means including Channel District, or Channel
11:28:39 District is recognized as being separate.
11:28:42 I think that's something we need clarification on.
11:28:50 >>> Christine Burdick for downtown partnership.
11:28:54 When the downtown special assessment district was
11:28:57 initially formed in 1993, it's boundaries were
11:29:02 downtown remained the same since its inception, to
11:29:05 include the area of the greater downtown.
11:29:09 It is semantics.
11:29:10 The area of the center city from the interstate to
11:29:15 Garrison Channel to Ybor channel all the way over to

11:29:18 Boulevard.
11:29:18 So it is larger than the CBD core.
11:29:21 And that is recognized for some planning purposes.
11:29:26 But the special assessment district that's called the
11:29:29 downtown special district includes Channel District,
11:29:32 includes west of the river, it does not include Harbor
11:29:35 Island.
11:29:36 So we provide the same services district wide.
11:29:41 There are not any more services provided.
11:29:45 The legislation says that the services shall be
11:29:49 delivered proportionate to the amount paid.
11:29:51 And so where there are greater concentration of
11:29:54 buildings, where there are a greater concentration of
11:29:58 funds collected, there is a greater concentration of
11:30:01 services provided.
11:30:02 But throughout the district, we do, as he mentioned,
11:30:06 we do litter and debris collection, we check
11:30:09 streetlights throughout the whole district and report
11:30:11 them to TECO.
11:30:12 We patrol, bicycle, vehicle and on foot through the
11:30:19 whole district.
11:30:19 And the marketing materials that are prepared include

11:30:23 the businesses, primarily ground floor businesses but
11:30:28 include information to the district throughout.
11:30:29 And any benefit that's derived is spread throughout
11:30:36 the district.
11:30:36 >>MARY ALVAREZ: Christine, have you asked any
11:30:43 employees now that the Channel District has come on
11:30:45 line as much as we have?
11:30:47 Have you added more employees?
11:30:49 >>> We have proposed more employees for next year.
11:30:52 For this budget.
11:30:54 But we have changed the deployment of those people.
11:30:57 So as of last year, we had already increased the level
11:31:02 of services in the Channel District, as the first
11:31:08 building had filled up.
11:31:09 >> So the residential component of the Channel
11:31:14 District is getting the benefit of this?
11:31:17 >>> Yes.
11:31:18 >>GWEN MILLER: Mr. Smith, did you want to add anything
11:31:27 to it?
11:31:27 Is there anyone else in the public that wants to
11:31:30 speak?
11:31:31 >> Move to close.

11:31:32 >> Second.
11:31:32 >>JOHN DINGFELDER: Move the resolution.
11:31:34 (Motion Carried).
11:31:35 >>LINDA SAUL-SENA: I have to compliment the downtown
11:31:39 partnership.
11:31:40 What they do is very visible to me.
11:31:43 I see the guides.
11:31:46 I see the litter collection.
11:31:47 I see the enhanced landscaping.
11:31:51 And the promotional materials.
11:31:56 I think for the money that you receive from this, I
11:31:58 think it's some of the most well spent visible money
11:32:01 in our community.
11:32:02 And I have seen downtown continue to be the cleanest
11:32:09 part of Tampa.
11:32:10 And that's a real pleasure.
11:32:13 I think they do a great job.
11:32:16 >>GWEN MILLER: We have a motion to close the public
11:32:18 hearing.
11:32:19 >> So moved.
11:32:19 >> Second.
11:32:19 (Motion carried).

11:32:20 >>MARY ALVAREZ: Move to open 50.
11:32:25 >> Second.
11:32:25 (Motion carried).
11:32:39 >>> Ann HULIK, and I have been sworn.
11:32:43 West Martin Luther King Jr. Boulevard.
11:32:45 I'm sorry Mr. Rotella could not be here today.
11:32:48 He is making a presentation about affordable housing
11:32:50 projects.
11:32:50 So I'm here on behalf of the Westshore alliance to
11:32:53 once again ask you to consider the Westshore special
11:32:55 services district assessment which provides valuable
11:32:59 funding for enhanced transportation, security and
11:33:01 marketing services, within the Westshore district.
11:33:04 This will be the fifth year of our special services
11:33:07 district assessment.
11:33:09 We have made no changes to the boundaries, to the
11:33:11 types of property, the methodology, the programs we
11:33:15 are undertaking, and our millage rate has actually
11:33:19 gone down slightly.
11:33:20 We keep -- our budget pretty much the last year, we
11:33:24 base our millage rate on the actual funds we expect
11:33:26 to expend for the activities we want to undertake.

11:33:31 We made a concerted effort to notify, educate all the
11:33:35 affected property owners in the area in addition to
11:33:36 the legal notification we had to make for today's
11:33:39 public hearing.
11:33:40 We did hold a public workshop about two weeks ago.
11:33:42 We is H no one in attendance proposing our special
11:33:48 services assessment.
11:33:48 I would like to submit for the record, we do have
11:33:51 several letters in support of the assessment.
11:33:53 We have received no letters this year in opposition to
11:33:56 the assessment.
11:34:05 Just as a brief reminder, our special assessment, we
11:34:09 do not, it is really an assessment on commercial
11:34:14 property owners who do in the district as well as
11:34:18 other exempted government entities, churches, schools,
11:34:20 things like that.
11:34:22 And just as a quick synopsis of the types of things we
11:34:25 spend money on, the bulk of the money is spent for the
11:34:28 ITS cameras and the transmission lines for the traffic
11:34:31 control cameras that are placed throughout the
11:34:33 Westshore district.
11:34:34 The city has actually purchased the cameras.

11:34:37 We simply pay for the transmission lines so they can
11:34:43 adjust traffic lights throughout the district.
11:34:45 We think it's particularly important on the surface
11:34:47 streets now that the Tampa Airport interchange project
11:34:49 has started.
11:34:50 The major interstate construction between Westshore
11:34:53 and downtown will be starting within a year or two.
11:34:55 And we are anticipating any delays on the interstate
11:34:59 might cause more people -- a really important piece of
11:35:04 this.
11:35:05 We do have walkie-talkie features, we have provided to
11:35:08 the TPD officers within the district, and business
11:35:12 owners can participate in that network at their
11:35:15 expense, so if there were a severe emergency they
11:35:18 could get in touch with police officers.
11:35:20 It's a great way for police officers to be on look-out
11:35:24 alert if something is happening not only to the other
11:35:26 officers but the security officers and other people
11:35:28 and property owners in the district.
11:35:30 And we have lots of examples there, if something
11:35:33 untoward may have happened.
11:35:35 And then finally, in terms of marketing, we do lots of

11:35:38 activities.
11:35:39 We do some advertising.
11:35:42 We have a web site with the demographic information on
11:35:46 Westshore.
11:35:47 News letters.
11:35:48 Gateway signage.
11:35:49 Number of initiatives that we work on.
11:35:51 So I thank you for your consideration.
11:35:54 I hope you will approve our request.
11:36:00 I am happy to answer additional questions you might
11:36:01 have.
11:36:03 >>MARY ALVAREZ: Ms. HULIK, are you all in discussion
11:36:07 with some kind of a circulator in that area?
11:36:11 >>> We have had limited discussions, but we have had
11:36:14 some discussions so far with Hartline and are in the
11:36:16 process of talking to various property owners for
11:36:19 circulator for Westshore Boulevard initially, that
11:36:22 would be peak time, lunch time circulator, which is
11:36:27 when there are huge problems.
11:36:28 I know ray Miller from Hartline actually talked to us
11:36:31 about maybe long-term looking at circulator route
11:36:34 within the district.

11:36:35 So it's not part of this particular one but we are
11:36:39 having discussion.
11:36:40 The need is there.
11:36:41 As a matter of fact, yesterday, we just had an
11:36:45 additional conversation with the MPO there, putting
11:36:47 together a transportation vision plan for the
11:36:50 Westshore district.
11:36:51 We are going to be working on that.
11:36:53 Hopefully we'll have it completed within the next
11:36:55 year.
11:36:55 There will be a lot of public participation from both
11:36:58 corporate and neighborhood entities, and transit, we
11:37:02 think is going to be a big part of our plan.
11:37:05 >> Who takes care of the Westshore roads?
11:37:12 >> In terms of maintenance?
11:37:13 >> At this point, that is just handled through the
11:37:18 city's regular system.
11:37:19 Parks Department as appropriate, public works is
11:37:22 appropriate.
11:37:23 We have also talked briefly to the mayor about looking
11:37:26 at that for future year assessment in terms of
11:37:29 enhancing what the city is able to do.

11:37:31 And maybe that could get rid of some of the snipe
11:37:34 signs on the street.
11:37:37 It's going to be a big undertaking though because
11:37:39 Westshore is a really large district.
11:37:41 We go all the way from Hillsborough to Kennedy over to
11:37:44 Himes, and then to the bay, including Rocky Point.
11:37:47 So that's something we need to discuss, I think,
11:37:50 further with the property owners in the district, what
11:37:52 it's really worth to them.
11:37:53 >>MARY ALVAREZ: What about on Westshore, when you are
11:37:59 going south and you are turning into the garage, to go
11:38:06 like, for instance, to go into Macys and so on?
11:38:11 I think it's Gray Street.
11:38:15 And you are turning right into there.
11:38:19 There's an intersection there that really needs to be
11:38:21 improved.
11:38:22 Have you been talking to the transportation department
11:38:23 about that?
11:38:25 >>> I don't think we have had discussion was them
11:38:26 specifically on that intersection but we will.
11:38:29 >>MARY ALVAREZ: It's really, really bad.
11:38:32 >>> I know they are making -- as we speak, they are

11:38:35 making improvements on Kennedy at Memorial.
11:38:37 They are adding an additional turn lane from I guess
11:38:41 eastbound Kennedy to go north onto memorial but we
11:38:44 will certainly -- holiday season, Westshore Boulevard
11:38:48 and Kennedy.
11:38:52 >> You guys are doing a great job there.
11:38:55 Very good.
11:38:56 Tell Ron that we missed him today.
11:38:59 Thank you.
11:39:00 >>GWEN MILLER: Is there anyone in the public that
11:39:01 wants to speak on item 50?
11:39:06 >>MARY ALVAREZ: Move the resolution.
11:39:11 >>> Good morning.
11:39:12 For the record I have been sworn.
11:39:13 My name is Nancy dammer for J. Roberts company real
11:39:18 estate which is a business that's in the Westshore
11:39:20 district and also a member of the Westshore alliance.
11:39:22 The Westshore business district has benefited greatly
11:39:25 from the special assessment that has been allotted to
11:39:27 this area for the past four years, and J. Roberts and
11:39:30 company real estate services is in full support of the
11:39:33 continuance of this special assessment.

11:39:34 In previous years, this assessment has provided
11:39:37 tremendous benefits to the Westshore area improving
11:39:41 security, transportation, and the marketing of this
11:39:43 area to the community and must be allowed to continue
11:39:46 benefitting the area.
11:39:47 Through the funds generated from the Westshore special
11:39:50 assessment the Westshore alliance has been able to
11:39:52 implement a variety of programs that has become the
11:39:54 corner stones of the security of the Westshore area.
11:39:57 There is nothing more important to a community than
11:39:59 safety.
11:40:00 And the safety provided for my company J. Roberts as
11:40:03 well as the other businesses in the area is creating a
11:40:07 cultural protection which must be sustained.
11:40:09 With the continuance of the Westshore special
11:40:11 assessment the area of security will be protected.
11:40:13 The transportation services provided through the
11:40:16 Westshore special assessment has benefitted the area
11:40:19 tremendously allowing the Westshore alliance ton make
11:40:21 substantial improvements in the mobility problem in
11:40:24 this area.
11:40:24 Benefits provided by the by the Westshore alliance has

11:40:28 not only benefited businesses, but also added
11:40:31 convenience for residents and visitors within the
11:40:34 Tampa Bay area.
11:40:35 Through the Westshore special fee assessment the
11:40:37 Westshore alliance has been able to make significant
11:40:40 impact on construction, pedestrian transportation and
11:40:43 other commuting options.
11:40:45 The Westshore assessment has provided measurable and
11:40:48 significant improvements to this area through the
11:40:50 services of the Westshore alliance.
11:40:52 But there is still a fair amount of work to
11:40:54 accomplish.
11:40:55 This community meets the Westshore assessment and J.
11:41:00 Roberts realty services is in support of the special
11:41:03 assessment.
11:41:04 >>LINDA SAUL-SENA: I just want to compliment Westshore
11:41:08 alliance on what you are doing and to encourage you to
11:41:10 pursue the issues that Ms. Alvarez raised about the
11:41:13 transit.
11:41:14 I think a shuttle going from your area, perhaps a loop
11:41:19 would be really beneficial.
11:41:20 Thanks.

11:41:20 >>CHAIRMAN: Need to move the resolution.
11:41:23 >>MARY ALVAREZ: So moved.
11:41:24 >> Second.
11:41:24 (Motion carried).
11:41:25 >>CHAIRMAN: Need to close the public hearing.
11:41:27 >>MARY ALVAREZ: Move to close the public hearing.
11:41:29 >> Second.
11:41:29 (Motion carried).
11:41:30 >>GWEN MILLER: Item number 51 is a continued public
11:41:32 hearing.
11:41:38 >> Barbara Lynch, land development coordination, and
11:41:48 I'm talking with the attorney about continuing this.
11:41:52 The agencies has no objection to the continuance but I
11:41:55 think there's questions about renoticing because of
11:41:58 the duration of the continuance.
11:42:07 >>> Good morning.
11:42:08 John Marshall, Holland and Knight, 100 North Tampa
11:42:11 Street, suite 4100.
11:42:13 I have been sworn.
11:42:14 Council, this morning here on behalf of Mr. Brown to
11:42:18 ask for a continuance, five months till the end of
11:42:21 January, for consideration of the petition.

11:42:25 Mr. Shelby just spoke to me outside about concerns
11:42:29 that Mr. Shelby had about the age of the petition and
11:42:35 its continuance to January especially given that
11:42:37 notice would be something that she would -- would like
11:42:42 to discuss previously whether or not we should
11:42:44 renotice.
11:42:45 Petitioner would be glad to renotice the petition.
11:42:48 Holland and Knight came on board for Mr. Brown in May
11:42:54 and I would like to say staff has been great and we
11:42:56 accomplished a lot in the meeting.
11:42:58 But one of the items that came out very recently was
11:43:00 in the past couple of weeks were some plans that staff
11:43:04 and the transportation side have been thinking about
11:43:06 with respect to 22nd street north.
11:43:09 We were unaware of those.
11:43:11 And that's going to significantly scale back the area
11:43:15 that Mr. Brown would like to have vacated.
11:43:17 He will need to sort of go back with the drawing board
11:43:20 with the professionals and with me as attorney, look
11:43:27 at the development plan.
11:43:28 Again he's a small businessman so he's probably asking
11:43:30 for a little more time than if it were a larger

11:43:32 business.
11:43:33 But he's committed to this and has been very
11:43:35 responsive and I think very cooperative with staff in
11:43:38 trying to move the petition forward.
11:43:40 >>MARTIN SHELBY: I had a concern that 150 days is an
11:43:45 extensive continuance.
11:43:50 I was also concerned with the fact that this is a 2003
11:43:54 petition.
11:43:55 And I believe that I really haven't discussed this
11:44:01 with the legal department with regard to these
11:44:05 continuances but if council does wish to grant a 150
11:44:09 day continuance then I certainly ask the petitioner to
11:44:11 get an updated list of the land owners, and do a full
11:44:15 renotice pursuant to what the code requires, and
11:44:19 follow with the clerk's office.
11:44:23 And if it's council's wish to continue, then it's
11:44:28 something that I will address with the staff in the
11:44:31 future.
11:44:31 >>GWEN MILLER: Is there anyone in the public that came
11:44:33 here to speak to item number 51?
11:44:37 To speak on the continuance?
11:44:39 Okay.

11:44:40 What is the pleasure of council?
11:44:42 >>LINDA SAUL-SENA: I'm fine with letting the
11:44:44 continuance continue.
11:44:47 >>MARY ALVAREZ: The petitioner said also that he would
11:44:49 renotice and do everything that they needed to do for
11:44:53 the consequence answer.
11:44:54 So I'm comfortable with that.
11:44:56 >>GWEN MILLER: We have a motion and second.
11:44:57 (Motion carried).
11:44:58 >>MARTIN SHELBY: Put is that your representation on
11:45:05 the record?
11:45:05 >>> That's my representation, Mr. Shelby.
11:45:07 >>MARTIN SHELBY: Thank you, sir.
11:45:09 >>THE CLERK: As for the date, 150 days, January
11:45:13 18th or January 25th.
11:45:16 >>GWEN MILLER: 18th or 25th?
11:45:21 >>> 15th will be fine.
11:45:22 >>CHAIRMAN: At 10 a.m.
11:45:23 Thank you.
11:45:24 Anything else?
11:45:25 Number 52 is a continued public hearing.
11:45:36 >> Barbara Lynch, Land Development Coordination.

11:45:40 The petitioner is requesting, and I do need the Elmo,
11:45:43 excuse me.
11:45:43 Petitioner is requesting to vacate a portion of
11:45:46 54th street and 55th street running from
11:45:48 Broadway Avenue to a dead-end, lying between 53rd
11:45:52 and 57th street.
11:45:54 I have some photos.
11:45:59 54th street, looking south from Broadway Avenue.
11:46:07 That's 54th street looking south towards the
11:46:10 dead-end.
11:46:10 54th street looking south at the dead-end.
11:46:15 54th street looking north towards Broadway.
11:46:21 54th street looking north from the dead-end.
11:46:25 Petitioner's property, 55th 4th street on the
11:46:29 west.
11:46:30 The petitioner's property 54th street on the west.
11:46:36 Petition property 54th street on the west.
11:46:39 Quite a long street.
11:46:41 55th street looking south from Broadway Avenue.
11:46:46 55th street looking north from broad way towards
11:46:50 the dead-end.
11:46:51 And the petitioner's property abutting 54th on the

11:46:55 east and 55th on the west.
11:46:58 Staff has in a objections to this petition as long as
11:47:00 petitioner agrees to conditions requested by
11:47:02 stormwater, TECO and Verizon for easement, and city
11:47:07 real estate to purchase the property because it is on
11:47:11 city right-of-way.
11:47:13 >>SHAWN HARRISON: Woo was the last one?
11:47:18 They are going to have to buy it?
11:47:20 >>> Yes.
11:47:20 This is city, fee-owned right-of-way.
11:47:22 >>GWEN MILLER: Petitioner?
11:47:23 >>JOHN GRANDOFF: Address suite 3700 Bank of America
11:47:33 Plaza.
11:47:37 And I represent Kimmins corporation.
11:47:40 You may recall several years ago you approved a PD for
11:47:46 their facility on 53rd and Broadway for a 20-acre
11:47:50 project.
11:47:50 Part of the approval is you all requested that we
11:47:53 vacate 54th street and this extra street to
11:47:56 provide an alternative to take us away from driving
11:48:00 our trucks on a residential street.
11:48:03 We have had many issues as far as title are concerned,

11:48:06 utilities.
11:48:07 We have resolved the whole vacating, and that's why we
11:48:11 are here this morning.
11:48:12 We have not had any objection.
11:48:14 In fact, we have been keeping the residents updated as
11:48:17 to where we are going and we agreed to all of the
11:48:20 conditions required by the city under the ordinance as
11:48:22 prepared, and we request your approval this morning.
11:48:24 >>CHAIRMAN: Is there anyone in the public that wants
11:48:26 to speak on item 52?
11:48:28 >>SHAWN HARRISON: Move to close.
11:48:31 >>LINDA SAUL-SENA: Mr. Grandoff, I had a question.
11:48:39 In the photograph that staff shared it appeared that
11:48:42 there were a number of grand trees on the site.
11:48:44 Will you be removing any grand trees?
11:48:47 >>JOHN GRANDOFF: I don't know.
11:48:49 I don't know if there are any grand trees in the
11:48:51 rights-of-way.
11:48:59 I don't know if we need to build the road and they are
11:49:05 in the right-of-way we would probably remove them
11:49:07 because the road has to go from the entrance of the
11:49:09 facility to Broadway.

11:49:10 But I'm totally speculating.
11:49:14 I don't know where the trees are located within the
11:49:15 right-of-way.
11:49:16 I haven't been out there in awhile.
11:49:17 >>LINDA SAUL-SENA: Maybe this is a staff question
11:49:20 again.
11:49:20 >>MARTIN SHELBY: Mr. Grandoff, you have been sworn?
11:49:26 >>> Yes, earlier.
11:49:27 >>LINDA SAUL-SENA: My question of the staff is if they
11:49:29 need to remove trees because they want to build the
11:49:31 road, what is the process?
11:49:33 >>> This is going to be private property so it's no
11:49:35 longer going to be right-of-way so they will have to
11:49:37 go through permitting review and it will be looked at
11:49:39 by the department at that time so those issues should
11:49:42 be addressed at that time.
11:49:45 >>LINDA SAUL-SENA: Okay.
11:49:46 But
11:49:53 It would go before the board of adjustment, or if they
11:49:55 would pay a fee?
11:49:59 >>> We'll look at a process.
11:50:01 I'm not sure.

11:50:03 I do know that in the permitting process --
11:50:07 >> oh, I understand that.
11:50:09 >>> But the tree issue should be addressed.
11:50:19 >>> That's correct.
11:50:19 Once it becomes private, they are going to develop
11:50:21 that property.
11:50:22 It will be subject to other review which includes
11:50:24 analysis of the impact on grand or protected trees in
11:50:28 which case if there are any it will be subject to the
11:50:30 applicable procedures under the code for the
11:50:36 appropriate officials, whether it be the variance
11:50:38 review board for protected trees.
11:50:42 In case that there is, then there is also the inch for
11:50:46 inch replacement requirements.
11:50:47 All of those procedures would kick in place.
11:50:49 That is all.
11:50:51 >>MARY ALVAREZ: According to a letter that we had from
11:50:53 John Fernandez to you, Mr. Santiago, the petitioner
11:50:57 Kimmins is willing to pay for the land, right?
11:51:04 Pay the city for the right-of-way once its vacated?
11:51:08 >>ROLANDO SANTIAGO: Yes, ma'am, that's correct.
11:51:09 Negotiations are going to be ongoing.

11:51:12 The only negotiation that would come top to fruition.
11:51:18 >> Then the other condition is would be the city
11:51:20 reserve an easement for stormwater, and that Kimmins
11:51:26 pay the value negotiated?
11:51:30 So that's already been taken care of in the agreement?
11:51:33 >>> No, ma'am, not in this particular ordinance.
11:51:34 This is merely the vacating of the road, eliminating
11:51:37 that public quality of that strip of land.
11:51:40 The negotiated for the sale of it, that is currently
11:51:44 ongoing.
11:51:45 I guess the best way to let you know, they have not
11:51:48 consummated the deal yet.
11:51:49 That's going to be forthcoming subsequent to this
11:51:51 procedure.
11:51:53 >>MARY ALVAREZ: So this procedure comes first, and
11:51:55 then the sale?
11:51:58 >>ROLANDO SANTIAGO: Yes, ma'am.
11:51:59 All of our ordinances state it's subject to the sale
11:52:02 that the city has ownership interest in.
11:52:03 >>MARY ALVAREZ: Accepted.
11:52:07 Thank you.
11:52:08 >>JOHN GRANDOFF: When the city obtained this by deed

11:52:12 in the 20s, it's a little different.
11:52:15 If we want to make it -- we have to buy it from the
11:52:18 city.
11:52:18 And we are in the process of getting the appraisal.
11:52:21 Ms. Saul-Sena, on your question, let me finish the
11:52:24 answer.
11:52:24 If it's a grand tree and the CIC does not permit the
11:52:28 approval then we have to go to VRB on a noticed
11:52:31 hearing.
11:52:32 >>GWEN MILLER: Need to close the public hearing.
11:52:35 >> So moved.
11:52:35 >> Second.
11:52:35 (Motion carried)
11:52:36 >> An ordinance vacating, closing, discontinuing,
11:52:46 abandoning a certain right-of-way, all that portion of
11:52:48 54th and 56th street lying south of Broadway
11:52:51 Avenue east of 53rd street and north of railroad in
11:52:55 Dixie farms subdivision, a subdivision in the City of
11:52:58 Tampa, Hillsborough County, Florida, the same being
11:53:01 more fully described in section 2 hereof, providing an
11:53:03 effective date.
11:53:05 >>GWEN MILLER: I have a motion and second.

11:53:06 (Motion carried).
11:53:07 >>GWEN MILLER: Need to open 53.
11:53:10 >> So moved.
11:53:11 >> Second.
11:53:11 (Motion carried).
11:53:15 >>> Barbara Lynch, land development.
11:53:16 I have been sworn.
11:53:17 I need the Elmo.
11:53:19 The petitioner is requesting to vacate the alleyway
11:53:23 lying between Nebraska Avenue and Mitchell Avenue
11:53:25 running from Virginia Avenue to Palmer Avenue. The
11:53:30 property is in the mixed use overlay district.
11:53:33 And this is a photo of the alley looking north from
11:53:38 Virginia Avenue.
11:53:39 This is the alley looking south along the petitioner's
11:53:43 east property line.
11:53:44 This is the alley looking west from the north.
11:53:51 >> Can you scoot that up?
11:54:00 >>> And this is the property adjoining the property on
11:54:02 the south.
11:54:05 And this is another adjacent property abutting the
11:54:08 alley on the south.

11:54:12 And this is Mitchell Avenue looking north from
11:54:14 Virginia Avenue.
11:54:15 And this is not going to be vacated.
11:54:22 >>KEVIN WHITE: Can you put up the original map again?
11:54:25 >>> Sure.
11:54:29 >>JOHN DINGFELDER: So on the L-shaped vacating it
11:54:31 appeared one part was overgrown and never had really
11:54:33 been developed as any kind of alley.
11:54:35 Where is that?
11:54:37 >>> That's the east-west portion.
11:54:39 >> Do you want to point that out?
11:54:41 So running up and down.
11:54:44 >>> Yes, the owner has maintained that.
11:54:45 That looks very good.
11:54:47 >> But that's just grass?
11:54:48 >>> Yes.
11:54:49 >> And bushes.
11:54:49 Okay.
11:54:50 And then the other part of the L --
11:54:59 >>SHAWN HARRISON: That is the northern section.
11:55:05 >>JOHN DINGFELDER: I thought there was sort of --
11:55:10 >>SHAWN HARRISON: The north south is well maintained.

11:55:12 >>> You can see it in this picture here.
11:55:14 >>JOHN DINGFELDER: Where is the north-south one?
11:55:23 >>> That's from the south looking north.
11:55:25 >> You showed one picture that showed what appeared to
11:55:27 be a used alley.
11:55:29 >>> That's this.
11:55:30 The north-south.
11:55:32 It's not used.
11:55:33 I think it's just maintained.
11:55:34 >>JOHN DINGFELDER: You showed another picture.
11:55:49 Showed a tree.
11:55:50 There.
11:55:53 That part is looked to be vacated?
11:55:55 >>> Yes.
11:55:55 >> That's one segment of the "L"?
11:55:57 >>> Yes.
11:55:57 That's the north-south portion.
11:56:00 >> Don't move it what properties are along the "L" not
11:56:06 part of the petitioner?
11:56:07 >>> There's one other.
11:56:08 I did not hear from them.
11:56:10 They were noticed.

11:56:11 And that would be that property there.
11:56:14 >> So are we concerned with that person might be using
11:56:17 this?
11:56:18 >>> I don't see how they could, because when you look
11:56:20 at this photo --
11:56:29 It's effectively blocked.
11:56:35 This is the second property owner, like the west side
11:56:37 of their property.
11:56:39 It's dead-ended.
11:56:48 >> Somebody is using to the keep it that clear, right?
11:56:51 >>> I think he's just maintaining it.
11:56:53 When we went out it didn't look like it was being
11:56:55 used.
11:56:56 Just kept in good shape.
11:56:57 But the area behind from end to end.
11:57:06 >>LINDA SAUL-SENA: I would like to say I think the
11:57:08 language you are using is very unclear, end to end.
11:57:11 >>> I'm sorry, east to west.
11:57:13 >> What would be helpful when you show us the
11:57:15 property, this is the property owner, earlier you
11:57:18 showed us there was another property owner located
11:57:20 immediately to the east, where the alley is clear.

11:57:23 And --
11:57:26 >>> There is on the other side of Kash N' Karry.
11:57:28 >> On the other side.
11:57:29 Okay.
11:57:29 Use words like north, south, east, west.
11:57:41 It appears there's a property owner on the south side
11:57:43 to the east who would be effected if this is vacated.
11:57:59 Wouldn't they be affected if this vacation occurs to
11:58:02 get out?
11:58:03 >>> In fact, there's a wall there.
11:58:05 >> There's a wall blocking the alley?
11:58:25 >>> Kash N' Karry has a wall along the parking lot
11:58:28 here.
11:58:28 This is clear.
11:58:29 This is the petitioner's property.
11:58:30 This is the other half.
11:58:31 This is to the east-west alley which is completely
11:58:35 overgrown.
11:58:35 It's blocked at the west end.
11:58:39 And it's blocked at this end by the wall that Kash N'
11:58:44 Karry has.
11:58:46 >>LINDA SAUL-SENA: Thank you.

11:58:47 That really helps.
11:58:48 >>GWEN MILLER: Petitioner?
11:58:58 >>> I have not been sworn in yet.
11:59:01 >>CHAIRMAN: Would you raise your right hand?
11:59:04 (Oath administered by Clerk)
11:59:10 The alley that she just presented on Virginia Avenue,
11:59:14 it's been a nuisance from when I purchased the
11:59:18 property.
11:59:18 Right now it's partially vacated.
11:59:20 The back of the alleyway, I have no access to it at
11:59:24 all.
11:59:26 I have a change link fence.
11:59:27 And then I have Kash N' Karry's block wall.
11:59:30 The other portion of the property on the eastern
11:59:33 portion where the alleyway is maintained, it dead-ends
11:59:38 into a block wall.
11:59:43 I have a tire shop which is located next door to me
11:59:45 that is open 24 hours a day.
11:59:48 I hear their compressor running constantly.
11:59:52 I'm sure they have several code violations.
11:59:56 But what I would like to do is build a privacy fence
11:59:59 and block that off completely.

12:00:01 During the night, I have prostitutes come up in the
12:00:04 alleyway from Nebraska and those kind of things.
12:00:08 And I just simply want to shut it down.
12:00:11 It's not being used at all.
12:00:13 I just cleaned it up two weeks ago.
12:00:16 And that's just what I would like to do with it.
12:00:23 >>JOHN DINGFELDER: I don't know if you have the answer
12:00:27 to this or staff.
12:00:29 But the small little segment that continues to
12:00:32 Nebraska, has that been re-revacated? You said
12:00:36 there's a wall in front of it.
12:00:37 But was it legally vacated?
12:00:56 >> The alley never was platted to go through.
12:00:58 Okay.
12:00:58 The alley the not continue east to Nebraska.
12:01:04 >>> Mitchell road from here over, this is back here on
12:01:08 the property.
12:01:09 And this alleyway right here is, this alleyway goes to
12:01:20 a tire shop.
12:01:21 It's a block wall that runs across.
12:01:23 This Mitchell road has been vacated and is now a part
12:01:27 of Kash N' Karry property as well.

12:01:29 So what I would like to do is just continue that whole
12:01:32 segment.
12:01:33 >>JOHN DINGFELDER: So lot number 9.
12:01:39 If you tried to use that alley going from his property
12:01:41 to somewhere else, he couldn't go anywhere.
12:01:44 Is that what you're saying?
12:01:46 >>> That's correct.
12:01:47 He doesn't use it anyway.
12:01:51 >> The question is physically could he use it?
12:01:54 Would he have anywhere to go?
12:01:56 >>> He has nowhere to go, no.
12:01:58 It would go to a tire shop.
12:01:59 Everything west of that property west of Mitchell road
12:02:02 has already been vacated.
12:02:04 >>JOHN DINGFELDER: Okay.
12:02:05 >>GWEN MILLER: Is there anyone in the public that
12:02:09 wants to speak on item 53?
12:02:12 >>JOHN DINGFELDER: Move to close.
12:02:13 >> Second.
12:02:13 (Motion carried).
12:02:13 >>SHAWN HARRISON: Move an ordinance vacating, closing,
12:02:26 discontinuing, and abandoning a certain right-of-way

12:02:29 all that alleyway out of Martin Luther King Boulevard
12:02:32 north of Virginia Avenue West of Nebraska Avenue and
12:02:34 east of Taliaferro Avenue in the corrected map of the
12:02:38 re-revised map of bellmere, a subdivision in the city
12:02:46 of Tampa, Florida Hillsborough County Florida the same
12:02:48 being more fully described in section 1, providing an
12:02:51 effective date.
12:02:52 >>MARTIN SHELBY: It's my duty to inform you that it's
12:02:54 a little past the noon hour.
12:02:55 >>JOHN DINGFELDER: Move to waive the rules.
12:02:58 >> Second.
12:02:58 (Motion carried).
12:02:59 >>LINDA SAUL-SENA: I'd like to ask the gentleman who
12:03:03 just had the alley vacation to speak.
12:03:15 >> Need to open.
12:03:18 >> Move to open.
12:03:18 >> Second.
12:03:19 (Motion carried).
12:03:21 >>> Barbara Lynch, Land Development Coordination.
12:03:25 Staff has requested this public hearing be continued
12:03:27 because it couldn't get scheduled to go before the
12:03:29 architectural review commission prior to this public

12:03:32 hearing date.
12:03:33 >>SHAWN HARRISON: Till when?
12:03:35 >>> September 14th.
12:03:36 >>MARY ALVAREZ: Second.
12:03:39 >>SHAWN HARRISON: So moved.
12:03:40 >>MARTIN SHELBY: I believe the gentleman who is here.
12:03:43 >>GWEN MILLER: Are you here to speak on the
12:03:45 continuance?
12:03:45 Anyone here want to speak on item 54 continuance?
12:03:52 >>MARY ALVAREZ: Move to continue.
12:03:56 >>> My name is Alfonso James.
12:03:58 And this alleyway, it has no value at all.
12:04:04 >>GWEN MILLER: Do you oppose the continuance to
12:04:09 September?
12:04:09 Are you against continuing it until September
12:04:12 14th?
12:04:13 >>> I would prefer is everything is cleared up today
12:04:16 if possible.
12:04:16 >>GWEN MILLER: Can't do it today.
12:04:17 We have to come back September 14th.
12:04:20 10 a.m.
12:04:21 >>> I will be back.

12:04:22 >>LINDA SAUL-SENA: If you don't have a problem with
12:04:26 it, you don't have to come back.
12:04:30 >>GWEN MILLER: Are you okay with it being closed?
12:04:33 You're okay with closing up the alley?
12:04:35 >>MARTIN SHELBY: Council, I am going --
12:04:39 >>> Yes, I am for it being closed.
12:04:41 >>GWEN MILLER: Mr. Shelby, would you talk to him
12:04:43 outside?
12:04:44 >>MARTIN SHELBY: I don't want to deny him his rate to
12:04:47 appear.
12:04:48 >>JOHN DINGFELDER: He mate want to come either way.
12:04:50 >>GWEN MILLER: Mr. Shelby will talk to you.
12:04:52 Next.
12:05:02 >>> I agree, I'll go along with the delay of it.
12:05:04 >>GWEN MILLER: Okay.
12:05:05 September 14th.
12:05:06 >>SHAWN HARRISON: So moved.
12:05:08 >> Second.
12:05:08 (Motion carried).
12:05:09 (Motion Carried).
12:05:12 >>GWEN MILLER: 10 a.m.
12:05:15 We two to information of council members.

12:05:16 Mr. Dingfelder, do you have anything?
12:05:18 >>JOHN DINGFELDER: Yes, ma'am.
12:05:21 The water department has received an award called the
12:05:28 statewide award, from the partnership of safe water.
12:05:31 And I would like to present them a commendation
12:05:35 related to that, I guess that's next week, August
12:05:38 31st.
12:05:39 >>GWEN MILLER: Motion and second.
12:05:40 (Motion carried).
12:05:41 >>JOHN DINGFELDER: Secondly, unfortunately, this
12:05:45 community lost what Cable News Network, CNN, called a
12:05:50 legend in the cigar industry, Mr. Newman passed at the
12:05:56 end of last week.
12:05:57 He went to work at 90 years old, and passed away at
12:06:03 his desk.
12:06:03 And if you are going to go, what a great way to go.
12:06:07 He loved his work, loved the cigar industry, loved the
12:06:11 community.
12:06:12 He gave so much to the community.
12:06:13 I would like to draft a post humous -- posthumous
12:06:21 resolution.
12:06:22 I'll send it to the family.

12:06:23 (Motion carried).
12:06:24 I think you saw on the front page of the newspaper
12:06:26 yesterday the clean-up boat in the Tribune.
12:06:31 It was a front-page story about the clean-up vote that
12:06:35 we took that -- boat that goes down the river and
12:06:38 cleans up the trash.
12:06:39 I know we had a lot of discussions with chuck on the
12:06:42 issue.
12:06:43 I think there's some opportunity to try to find some
12:06:46 grant money for the operating expenses.
12:06:49 And I also think there's an opportunity to contact
12:06:52 neighboring jurisdictions to see if we could work with
12:06:54 them to operate that boat so it's not just on the
12:06:58 city, including even in Pinellas and Temple Terrace,
12:07:04 Hillsborough County, et cetera.
12:07:05 I would like to get an update from chuck Walter on
12:07:08 that in 30 days on that issue.
12:07:11 And in the meantime as chair of public works, I'll
12:07:14 work with him on the idea.
12:07:17 >>LINDA SAUL-SENA: I would like to second that but I
12:07:19 don't know that 30 days is time given in our budget.
12:07:22 If this is something we want to see in this year's

12:07:25 budget it needs to be before 30 days.
12:07:29 >>JOHN DINGFELDER: Okay.
12:07:30 When are the budget hearings?
12:07:32 I'll just say by the 14th.
12:07:34 The morning of the 14th.
12:07:36 >>MARY ALVAREZ: I think their main objection would to
12:07:41 that was the manning of the boat.
12:07:46 And you have a boat and you don't have the personnel,
12:07:49 what good is it?
12:07:51 >>JOHN DINGFELDER: And that's the point, that I've
12:07:53 heard -- and I need to verify this -- there are some
12:07:55 grants that will give you money for operating
12:07:57 expenses.
12:07:59 >> How long?
12:08:00 >>JOHN DINGFELDER: A year or two.
12:08:02 But then the other thing is look to other
12:08:04 jurisdictions.
12:08:05 If we could man it for a day or two a week, and
12:08:08 Hillsborough County, or Temple Terrace could man it a
12:08:11 day or two a week, maybe we could share that, a joint
12:08:14 operating agreement.
12:08:15 >> I don't think that we should do it -- a 30 day

12:08:24 continuance I will do it but not for a budget year.
12:08:28 >>LINDA SAUL-SENA: I think it would be prudent to hear
12:08:31 back.
12:08:33 My river round table group really pushed for this last
12:08:36 year, and we were not supported by the administration
12:08:39 because of the staffing issues.
12:08:41 But the suggestion made by Mr. Dingfelder, if we could
12:08:45 look into other jurisdictions helping us out.
12:08:48 I think it would be helpful to have the information.
12:08:50 >>MARY ALVAREZ: I think we heard from chuck Walter at
12:08:54 our budget hearing that they just didn't have the
12:08:56 money for that.
12:08:58 At the time.
12:09:01 And it's a staffing issue.
12:09:09 >>JOHN DINGFELDER: Perhaps on the 14th, in the
12:09:10 morning, not during the budget hearing, and quick
12:09:13 report.
12:09:13 But I would like him to contact the other
12:09:15 jurisdictions between now and then.
12:09:17 If they say no, then no it is.
12:09:19 >>GWEN MILLER: What is the motion?
12:09:22 >> Staff report on the 14th in the morning.

12:09:26 >> We have a motion and second.
12:09:28 All in favor of the motion say Aye.
12:09:29 Opposed, Nay.
12:09:30 Anything else?
12:09:31 Ms. Saul-Sena?
12:09:32 >> Thank you.
12:09:33 I just flew in yesterday to Tampa and there was a big
12:09:36 sign, welcome national dragon boat races in Tampa on
12:09:39 Saturday.
12:09:39 It's a big deal that we are the national dragon boat
12:09:43 races which are colorful and attract a number of
12:09:46 people to downtown Tampa and I want to congratulate
12:09:48 the people who work and encourage everyone to come out
12:09:52 and cheer up our team.
12:09:55 National is a big deal.
12:09:56 This is the kind of ecotourism that is gad for our
12:09:59 community.
12:09:59 >>GWEN MILLER: Anything else?
12:10:00 Mr. Harrison?
12:10:01 >>SHAWN HARRISON: A couple items.
12:10:02 First I would like to have a report in two weeks from
12:10:07 our water department as to if they think the water

12:10:11 restrictions will be lifted to go back to two days
12:10:14 anytime soon, because we are now in the monsoon season
12:10:17 as opposed to the dry season.
12:10:19 And number two, I had a specific request from a
12:10:22 constituent about going ahead and lifting the water
12:10:24 restrictions for fountains.
12:10:32 >>JOHN DINGFELDER: I thought they were already --
12:10:34 >>SHAWN HARRISON: I think that this would apply to all
12:10:37 fountains.
12:10:39 I would like to go ahead and ask that we come back in
12:10:41 two weeks for a report on those two items.
12:10:47 >> Motion and second.
12:10:48 (Motion carried).
12:10:50 Anything else?
12:10:51 >>SHAWN HARRISON: Yes, ma'am.
12:10:51 The other thing is, we all saw, unfortunately, out of
12:10:54 the zoo this week, of that tiger shooting.
12:10:58 And it raises an issue about since the city owns the
12:11:03 zoo, what potential legal liabilities we might have in
12:11:08 the event something like that didn't turn out as well
12:11:10 as it did.
12:11:13 And so I would like a report in two weeks from the

12:11:18 administration, legal, can be written just saying, you
12:11:21 know, the zoo has insurance for this sort of thing,
12:11:24 and city has liability or doesn't have liability.
12:11:27 And they want to come in and give that at the opening
12:11:30 part of the meeting, as department heads they can as
12:11:33 well but written report would be fine.
12:11:35 And I just want to say --
12:11:39 >>GWEN MILLER: We have a motion and second.
12:11:40 (Motion carried).
12:11:43 >> I do want to commend the zoo staff.
12:11:45 Obviously it was a terrible mistake that was made.
12:11:47 But the zoo staff reacted very, very well.
12:11:51 They did what they needed to do.
12:11:53 It was a tough thing for Lex to do.
12:11:55 But I think that we all recognize that he did what he
12:11:59 needed to do.
12:12:00 And I just want to say, kudos for having the training
12:12:04 to be able to stop what could have really been a
12:12:07 tragedy.
12:12:13 >>JOHN DINGFELDER: One thing.
12:12:14 I'm really glad, Shawn, that you mentioned about Lex.
12:12:18 There is nobody in this community that loves those

12:12:19 animals more than Lex.
12:12:21 He was devastated.
12:12:22 He's a great guy.
12:12:23 He wouldn't have had to put that animal down unless he
12:12:27 had to.
12:12:27 And again it's about public safety.
12:12:30 The public comes first.
12:12:33 Staff and visitors come first.
12:12:35 And we all feel for Lex.
12:12:36 Along those lines, I have been meaning to make a
12:12:39 motion that I would like the zoo folks to come down
12:12:44 and talk to us on the morning of the 14th, also,
12:12:49 about their budget issues, and specifically, I've
12:12:53 heard some scuttlebutt and I don't know if it's true
12:12:57 or not, that the county had some money, that they are
12:13:01 looking for the city to match it but we are not
12:13:05 necessarily matching it and therefore they could lose
12:13:07 twice as much money.
12:13:08 I don't know.
12:13:08 There's just rumors out there.
12:13:10 I would like to get some clarification from the zoo
12:13:13 staff as well as our own budget staff if they want to

12:13:16 chime in on that iron you on the morning of the
12:13:19 14th.
12:13:21 >> Second.
12:13:21 (Motion carried).
12:13:22 >>MARY ALVAREZ: Along those lines, I was just
12:13:27 wondering if maybe we as City Council through the
12:13:31 chairman could send Lex a little sympathy and support,
12:13:36 because he was just so devastated about it.
12:13:39 And I think that would be the proper thing for us to
12:13:41 do.
12:13:41 I was going to dot personally.
12:13:43 I probably will do it.
12:13:44 But I thought maybe something from the City Council
12:13:46 would make him feel a little better.
12:13:48 Because I know he just didn't want to do that.
12:13:51 And he raised that cub from all the way from baby.
12:13:58 And I feel so bad for him, too.
12:13:59 So I thought maybe we could make a motion to have the
12:14:04 chairman send a letter, write a letter of sympathy and
12:14:09 support.
12:14:10 >>CHAIRMAN: I have a motion and second.
12:14:11 (Motion carried).

12:14:12 >>MARY ALVAREZ: We all know that Geraldine Barnes
12:14:20 passed away this past week and I think maybe a
12:14:25 posthumous accommodation would be appropriate, too.
12:14:28 She was such a big activist especially in the West
12:14:32 Tampa area.
12:14:33 And people really loved her in that area.
12:14:35 And she did so much for us, and I thought we could do
12:14:41 that and I could send it to her.
12:14:42 (Motion carried).
12:14:43 >>KEVIN WHITE: Nothing, Madam Chair.
12:14:47 >>GWEN MILLER: I have been getting calls from
12:14:51 neighbors.
12:14:51 You know, we got these nice new garbage cans.
12:15:01 They'll take them out and not bring them back in.
12:15:03 It's an eyesore.
12:15:07 And I have gotten calls.
12:15:09 I was wondering can the sanitation send them a letter
12:15:14 and asking them to do it or fine them if they don't do
12:15:17 it you can fine them later or something?
12:15:22 Give them a warning, they can be fined?
12:15:24 Because it really is an eyesore.
12:15:28 >>JOHN DINGFELDER: They do some patrols like that.

12:15:33 >>GWEN MILLER: I would like for solid waste, code
12:15:35 enforcement, in the neighborhoods, he can bring them
12:15:42 out and take them back in.
12:15:47 >> We get more phone calls as we get them distributed
12:15:50 to the entire city.
12:15:51 >>GWEN MILLER: They have got them but not using them
12:15:54 properly.
12:15:54 They have them out there.
12:15:55 When you ride around and see them all day and the next
12:15:58 day it's really an eyesore.
12:16:00 I would like to make a motion.
12:16:01 Motion and second.
12:16:02 (Motion carried)
12:16:04 Clerk, do you have anything?
12:16:06 >>JOHN DINGFELDER: Move to receive and file all
12:16:08 documents.
12:16:09 >> Second.
12:16:09 (Motion carried).
12:16:10 >>GWEN MILLER: Anything else?
12:16:11 >>MARTIN SHELBY: You had requested the clerk to make
12:16:24 those changes.
12:16:33 >> Move an offered irons of the city of Tampa, Florida

12:16:40 making comprehensive revisions to chapter 3, alcoholic
12:16:42 beverage code, by the City of Tampa, code of
12:16:44 ordinances amending section 3-21 providing new
12:16:48 definitions amending sections 3-30, alcoholic beverage
12:16:51 zoning classifications amending section 3-80 providing
12:16:54 the requirements for all classifications, wet zoning,
12:16:57 and providing penalties for violation, amending
12:17:00 section 3-90, sale of beverages after discontinuance,
12:17:04 amending section 3-100 to provide for the revocation
12:17:07 of suspension for cause, amending section 3-101,
12:17:10 notice of public hearing for revocation, suspension,
12:17:13 and amending section 3-102, reapplication for wet
12:17:17 zonings, providing for repeal of all ordinances in
12:17:19 conflict, providing for severability, providing an
12:17:21 effective date.
12:17:21 >>GWEN MILLER: We have a motion and second.
12:17:23 All in favor of the motion say Aye.
12:17:25 Opposed, Nay.
12:17:26 >>THE CLERK: One other item.
12:17:28 Last Thursday there was a discussion of the Bayshore
12:17:32 generator.
12:17:38 >> So moved.

12:17:39 >> Second.
12:17:39 (Motion carried).
12:17:40 >>GWEN MILLER: Mr. Shelby, do you have anything?
12:17:45 Nothing else coming before council, we go to our
12:17:47 audience portion.
12:17:49 (City Council recessed)
14:13:05