Tampa City Council
Thursday, August 31, 2006
9:00 a.m. Session
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09:04:53 [Sounding gavel]
09:04:54 >>GWEN MILLER: Tampa City Council is called to order.
09:04:56 The chair will yield to Mr. Kevin White.
09:04:58 >>KEVIN WHITE: It's my pleasure this morning to
09:05:00ce pastor Jeffery Singletary, a campus pastor for
09:05:05d Baptist church.
09:05:06 He obtained his degree in pastoral ministry in
09:05:10l studies, convention, retreat, revival speaker and
09:05:16s prison ministries.
09:05:17 He's married and has the Brady Bunch at home, has six
09:05:22 We would ask him to come forward at this point in
09:05:25ive the invocation, then remain standing for the pledge
09:05:29 Thank you for coming.
09:05:33 >> Pastor Singletary: Our father and our great God
09:05:37rning, we come this morning, Father Lord, thanking you
09:05:41e, health, and strength.
09:05:44 We come this morning asking for your blessing and
09:05:51 Father, upon this City Council meeting.
09:05:54 Father, we ask that you would crown every City Council
09:05:57their head with wisdom and knowledge and understanding.
09:06:02 Give them your divine perspective on the issues, the
09:06:06 matters that will come before them this day.
09:06:10 Father, give them the wisdom that only comes from
09:06:15 And then, father, give them the boldness, the
09:06:19ghtness, Lord, to do what is right before both God and
09:06:23 And then, father, at the end of the day, father, with
09:06:27t is said, and father, we would give you the praise, the
09:06:30nd the honor.
09:06:32 We ask it all in Jesus' precious name.
09:06:38 (Pledge of Allegiance)
09:06:54 >>LINDA SAUL-SENA: I just wanted to share with my
09:06:58council members that the national conference for
09:07:01ty and justice has developed guidelines appropriate for
09:07:04in public places that we can share with those we invite
09:07:08n our meeting.
09:07:10 Thank you.
09:07:11 >>GWEN MILLER: Roll call.
09:07:15 >>JOHN DINGFELDER: Here.
09:07:16 >>LINDA SAUL-SENA: Here.
09:07:17 >>SHAWN HARRISON: Here.
09:07:19 >>MARY ALVAREZ: Here.
09:07:21 >>ROSE FERLITA: Here.
09:07:21 >>KEVIN WHITE: Here.
09:07:22 >>GWEN MILLER: Here.
09:07:23 >>GWEN MILLER: I am going to yield to Mr. John
09:07:31 >>JOHN DINGFELDER: Periodically, the University of
09:07:34lorida and I think the University of Tampa both grace us
09:07:38terns, and they are all helpful to us as we endeavor to
09:07:44 I'm pleased to introduce Ben, a senior at the
09:07:51ity of South Florida.
09:07:53 He hails from Miami but he assures us it isn't going
09:07:56is future home.
09:07:57 And we are pleased to have him.
09:07:59 >>GWEN MILLER: Now we yield to Ms. Mary Alvarez who
09:08:04esent a commendation.
09:08:20 >>MARY ALVAREZ: Thank you, Madam Chair.
09:08:31 It gives me great pleasure this morning to introduce a
09:08:34an that is a recognized leader in the air conditioning
09:08:40 His name is Tommy Castellano.
09:08:42 And this is his wife Carol, granddaughter Madison.
09:08:47 In March of 2006, Tommy Castellano received a
09:08:51ious award of excellence in residential air conditioning,
09:08:55tor of the year by the air conditioning contractors of
09:08:59 In May of 2006, Tommy was unanimously elected as
09:09:04n of the board to the air conditioning contractors of
09:09:07 national Board of Directors.
09:09:10 With the help of Dr. Jack lamb, the Hillsborough
09:09:12school board member, Tommy came up with a proposal that
09:09:15 conditioning industry become involved with the county
09:09:19chools to promote air conditioning classes for high
09:09:24 The school board was very receptive and Tommy is now
09:09:27 with the Tampa Bay vocational high school.
09:09:30 He has convinced manufacturers and air conditioning
09:09:33tors to become involved and donate equipment and funds.
09:09:37 And I believe we talked about this be at the greater
09:09:39hambers the other day about putting trades in our high
09:09:44 Tommy is an excellent mentor for those seeking to have
09:09:47wn air conditioning businesses throughout the country.
09:09:50 Trade magazine seeks out his opinion and advice on
09:09:56y issues and many have been published.
09:09:59 Tommy is a certified Toastmaster, with Toastmasters
09:10:05tional, serves in the Ybor City Rotary Club,
09:10:08nt-elect of the West Tampa Chamber of Commerce, and
09:10:11as the chair of the West Tampa chamber newsletter.
09:10:15 He's also president of Castellano air conditioning and
09:10:17 in the same location in West Tampa for over 30 years,
09:10:22ith his wife Carol.
09:10:25 Tommy Castellano was born in Tampa, Florida in 1950.
09:10:31 He married his childhood sweetheart, Carol, and has
09:10:35rried for 37 years with two beautiful children and
09:10:38 Mr. Castellano is devoted, and I am so proud of my
09:10:48 [ Laughter ]
09:10:49 [ Applause ]
09:10:59 So, Tommy, Tampa City Council commendation presented
09:11:04Tommy Castellano, Castellano air conditioning and heating
09:11:08, in recognition of receiving the award of excellence
09:11:11public residential air conditioning, contractor of the
09:11:14y the air conditioning contractors of America.
09:11:16 This prestigious award is given annually to only one
09:11:20 in the nation.
09:11:22 The Tampa City Council hereby commends you with
09:11:25ation to your dedication and service to our community for
09:11:27t 30 years.
09:11:30 [ Applause ]
09:11:39 We also have a whole bunch of people from the west
09:11:43hamber of Commerce who appreciate him just as much.
09:11:47 Will you stand?
09:11:48 [ Applause ]
09:11:48 >> What my aunt failed to mention was we have been in
09:11:54e building that she was a little girl in.
09:11:56 My great grandmother's building.
09:11:58 We have been there for over 30 years and I'm real
09:12:01o be part of the City of Tampa.
09:12:03 It's a great honor for me, because to be given this
09:12:05s tremendously an honor to be given this by the city
09:12:15 Thank you very much.
09:12:15 I appreciate it.
09:12:18 [ Applause ]
09:12:19 >>GWEN MILLER: Now Mr. John Dingfelder will do a
09:12:36 >>ROSE FERLITA: Madam Chairman, when we finish this
09:12:40retty much wipe out the rest of our audience.
09:12:43 What will we do for the rest of the morning?
09:12:45 >>JOHN DINGFELDER: Good morning, council, Madam Chair.
09:12:58 I've got a good honor guard here.
09:13:02 They've got my back.
09:13:04 Madam Chair, as head of the chair of the Public Works
09:13:08ee, it's my honor to work with all the departments in the
09:13:15 It's my special honor to bring the water department
09:13:19ervisors and the hard workers from our water department
09:13:23 They have won a very, very prestigious award.
09:13:27 Brad is going to tell us about it in a few minutes.
09:13:29 But way was thinking about it on the way in this
09:13:32 about our utilities.
09:13:34 And obviously all our utilities are important.
09:13:36 But you know what?
09:13:37 When the water gets turned off for whatever reason,
09:13:40when we hear from folks first.
09:13:44 People cannot live -- we can't live without water.
09:13:46 And I would venture a guess that this is the most
09:13:51nt function the city does is provide clean, potable water
09:13:55citizens, and we are very proud to have these guys.
09:13:57 So what we are here about today is the fact that this
09:14:01f hard working folks has won a prestigious award from the
09:14:08ship for safe water.
09:14:09 And it's called the director's award.
09:14:11 And our illustrious director, Brad Baird, I was
09:14:17g it should be Brad Pitt, he's such a good looking guy,
09:14:22d will tell us a little about it.
09:14:24 >>BRAD BAIRD: We are extremely proud to receive this
09:14:31 It is a five-year director's award.
09:14:35 And what that means is the gentlemen you see to my
09:14:41nd left represent approximately 90 people out of the
09:14:47. Tippin water treatment facility that produce a superior
09:14:51 water 24 hours a day, 7 days a week, 52 weeks a year,
09:15:02 And ware not talking about just meeting regulations.
09:15:04 We are talking about in some cases exceeding them
09:15:14 Really a very high bar.
09:15:17 What these men and women have done at the treatment
09:15:24 We have 90 people at the plant.
09:15:26 And they produce water for 550,000 people in the City
09:15:32 And in the county outside the City of Tampa.
09:15:41 And those, like councilman Dingfelder said, those
09:15:45xpect to turn on water, they expect it to be safe, they
09:15:48it to be pure, and the City of Tampa has done that, and
09:15:54uld be very proud.
09:15:55 We are the only private or public utility in the State
09:15:59ida to receive this award.
09:16:01 And it qualifies us for a national award.
09:16:04 It will be trying to get.
09:16:08 And these folks started this work about five years ago
09:16:12e water quality 2000.
09:16:17 So it's come to a culmination here today.
09:16:22 I want to say one more thing.
09:16:24 When you think about producing the water continuously
09:16:31at, it's a very difficult thing for a surface water
09:16:35that the river water quality that we get our water from
09:16:40 It can change on an hour's notice.
09:16:43 If we get a storm, that quality changes.
09:16:47 So these guys have to adjust the treatment processes
09:16:50 sure that you get that high quality water.
09:16:54 So with that I'll introduce the seven folks I have
09:16:58day that are representing those 90 people at the plant.
09:17:04 We have Jim Jintassio, our production manager.
09:17:10 Tony jackson, our operations assistant production
09:17:16 In the maintenance section we have Ronny Carowski,
09:17:25 I probably butchered his name.
09:17:27 Carlos DIAS Estrada, mechanical supervisor.
09:17:33 And Curtis lemons, utility maintenance, utility
09:17:40 And the person that makes sure that we have high
09:17:43 water, Dr. Myung Kim, water assurance quality officer.
09:17:51 And finally, Wilbur Powell, laboratory environmental
09:17:58 Wilbur works in Dr. Kim's group.
09:18:01 And Dr. Kim oversees the laboratories that's headed up
09:18:07er LOWE, who couldn't make it here this morning,
09:18:11ory supervisor, and she conducts tens of thousands of
09:18:16very year to make sure that the water exceeds those
09:18:20ds I was talking about.
09:18:22 And I would be remiss if I didn't add the work that
09:18:25ippin did, our previous director, and Mike Bennett, and
09:18:30Craig who worked as production manager for a couple of
09:18:34 They are the ones that started this effort.
09:18:36 But we are very, very proud.
09:18:38 Thank you.
09:18:40 [ Applause ]
09:18:44 >>JOHN DINGFELDER: Brad, with that, this is a
09:18:47 And I know you guys will hang it at the plant, safe
09:18:55five year director's award.
09:18:58 And Tampa City Council is proud to present this
09:19:00ation as follows: The David L. Tippin water treatment
09:19:03y has been acknowledged by the partnership for safe
09:19:06program and the recipient of its five year directors
09:19:11 The award complies with the facility's commitment to a
09:19:15r quality of drinking water within the City of Tampa.
09:19:17 The partnership for safe waters program is a voluntary
09:19:22tive effort created in 1944 between the United States
09:19:25mental Protection Agency, the American water works
09:19:28tion, and more than 200 water utilities throughout the
09:19:33 There are presently 65 utilities across the United
09:19:35that have been recognized but the City of Tampa is the
09:19:38ility in the State of Florida to have received this
09:19:41esteemed five-years directors award.
09:19:44 Tampa City Council recognizes the outstanding effort
09:19:46th by the management and staff at the David L. Tippin
09:19:50reatment facility, and David, if you are watching,
09:19:54ulations to you, too.
09:19:55 And ensuring that all the residents have the highest
09:19:58 drinking water possible as evidenced by their receiving
09:20:03 And congratulations.
09:20:07 [ Applause ]
09:20:11 >>LINDA SAUL-SENA: I wanted to add my voice to the
09:20:16 The first city in the State of Florida is really high
09:20:20 And as we look globally and see the cities across the
09:20:23re having trouble even coming up with decent drinking
09:20:26or their population, this is certainly a mark of our
09:20:33f civility as a city, that we have such pure water for
09:20:36izens, and when you go to a restaurant they say what do
09:20:45t to drink, and you say Tampa water, and it's safe and
09:20:49 Thank you for what you do for our citizens.
09:20:55 >>GWEN MILLER: We now go to our sign-up sheet on the
09:21:07 Mr. David Smith.
09:21:14 >>DAVID SMITH: City attorney.
09:21:16 It is with great pleasure I introduce to you today two
09:21:20 The first is Robin McKinney.
09:21:24 And she went to Davidson college in North Carolina,
09:21:27d her JD degree from the University of Florida cum laude
09:21:33went to Robinson but had nothing to do with public
09:21:39 Her background has been serving as the defense council
09:21:43onal injury cases, commercial litigation and some family
09:21:48 law, and her hobbies include cooking and restoring her
09:21:52ome in the Palma Ceia area.
09:21:56 Gary Glassman is also joining us today and further
09:22:01e hire a man.
09:22:03 I now it's been awhile.
09:22:04 He received his B. A. from the University of Rochester
09:22:07from Syracuse university in 1978 so he's an experienced
09:22:11ioner, he's married to Kathy who is the deputy general
09:22:15 of the Orange County convention center.
09:22:17 They have two children, Jeremy, who is 24, and
09:22:23 The most recent position was to serve as assistant
09:22:26attorney with Orange County.
09:22:27 So he brings with him a lot of experience.
09:22:30 He's handled employment and civil rights litigation
09:22:33d use litigation.
09:22:34 We are very happy to have both Robin and Gary join us.
09:22:40 [ Applause ]
09:22:43 >>GWEN MILLER: Ms. Cathy Coyle.
09:22:50 >>CATHERINE COYLE: Land development.
09:23:01 This is item 3, correct?
09:23:06 I'm here to speak on item number 3.
09:23:15 I was just going over with Julia Cole to figure out
09:23:20ases were being moved off the agenda.
09:23:22 The first one I put a memo in for item 77 which is the
09:23:26ion with council on the CBD bonus regulation.
09:23:31 I spoke with Ms. Saul-Sena this morning about that too
09:23:34ill be asking for a 30 day continuance, September
09:23:36 10 a.m.
09:23:38 And -- or 11 a.m.
09:23:40 I am only asking for a 10-minute discussion on that.
09:23:43 >>GWEN MILLER: Do we have a motion?
09:23:47 >>> September 28th at 11 a.m.
09:23:49 >>MARY ALVAREZ: So moved.
09:23:51 >>GWEN MILLER: Motion and second.
09:23:52 (Motion carried).
09:23:52 >>CATHERINE COYLE: Thank you.
09:23:58 There were a couple other items that Julie and I were
09:24:03hrough to move off of the agenda.
09:24:07 Item 65, the right-of-way division did put in a
09:24:16 That will be continued one week.
09:24:20 >>MARTIN SHELBY: September 7th, council, to bring
09:24:21 attention, is going to be a very intense meeting.
09:24:27 Council should be just very cautious about setting
09:24:31 Maybe perhaps another week would be better.
09:24:32 >>GWEN MILLER: Can we go to the next week?
09:24:35 The 14th?
09:24:37 >>CATHERINE COYLE: It was under the direction, I
09:24:38, of City Council to work with transportation staff on
09:24:42 So that's the reason for the request.
09:24:45 So I would imagine one extra week is not --
09:24:48 >>GWEN MILLER: All right.
09:24:49 September 14th.
09:24:51 >> So moved.
09:24:51 >> Second.
09:24:52 >>GWEN MILLER: Anything else?
09:25:03 Number 65.
09:25:03 >>CATHERINE COYLE: 66 and 70 are also set for 10 a.m.
09:25:10 These will need to be moved to the 21st of
09:25:13er at 10 a.m.
09:25:16 If you could note that on your calendars.
09:25:20 The resubmittal of the site plan didn't occur on the
09:25:23 >>GWEN MILLER: What about 71?
09:25:26 >>CATHERINE COYLE: 71 is a separate item;
09:25:30 Item number 42 is with number 76 and 70, a real estate
09:25:38 That will need to be continued to the second reading
09:25:40 if you could move that out to October 5th.
09:25:53 That cannot be heard before.
09:25:58 The 5th.
09:26:01 >>THE CLERK: Is that in conjunction with the public
09:26:04 for closure set for the -- for item --
09:26:14 >>CATHERINE COYLE: No, this they are linked with 42.
09:26:21 Item 67 which is the DRI for the Rocky Point project
09:26:24 continued till September 14th at 10 a.m
09:26:28 That is linked to item 71, which will be continued to
09:26:33e date and time, September 14th at 10 a.m.
09:26:37 >>LINDA SAUL-SENA: I have a question.
09:26:48 I was very concerned when we spoke yesterday about our
09:26:50 to let people know about all these changes.
09:26:53 And I think that when we approach this, if anybody who
09:26:59ken at a previous hearing is continued to a specific date
09:27:04ey need to be notified, because the clerk would have that
09:27:12 But I think it's a staff or city responsibility to
09:27:14them if they spoke on the record at the hearing that's
09:27:17ntinued to a specific date.
09:27:19 If you all note because of an administrative problem
09:27:23to be continued again that staff notify these people,
09:27:27 it's difficult enough for people to come down for one
09:27:31, and then the second, and then it's going to be
09:27:33ed to a third.
09:27:34 I think it shouldn't be the petitioner's
09:27:36ibility when it's an administrative problem.
09:27:38 I think it's our staff's responsibility.
09:27:40 And we need to take that courtesy in place.
09:27:46 >>JULIA COLE: I think as a courtesy notice on people,
09:27:51legal perspective, it runs with the hearing so we can
09:27:54people other record but from a courtesy perspective we do
09:27:59 I think all of these items continued today, none of
09:28:03xcept for one, have had people speak at the original
09:28:10hearing and the one that did have people speak at the
09:28:13l public hearing has been notified.
09:28:17 And the last one.
09:28:19 >>CATHERINE COYLE: The last one is on 69.
09:28:22 Which is the rezoning Z 06-56.
09:28:35 >>GWEN MILLER: To 10 a.m.
09:28:38 >>CATHERINE COYLE: And I am here for item number 3.
09:28:42 >>GWEN MILLER: Thank you.
09:28:45 Mr. Jorge Martin.
09:28:50 >>CATHERINE COYLE: He has signed up for these items as
09:28:52 it's taken care of.
09:28:55 >>GWEN MILLER: Mr. Martin?
09:28:56 Mr. Jorge Martin?
09:29:06 Ms. Bonnie Wise.
09:29:14 >>BONNIE WISE: Good morning, council members.
09:29:16 I'm actually here to speak to an item that was in the
09:29:18er this morning rather than something that was on the
09:29:21 And it is relating to our property insurance.
09:29:24 Those of you who have been hearing this issue
09:29:27ng property insurance, we talked about it at our six
09:29:31pdate, talked about it at the workshop, we talked about
09:29:34n at the budget presentation.
09:29:36 And it relates to our inabilities to really obtain
09:29:39e property insurance.
09:29:41 As you know, this is not something unique to the City
09:29:45 It's not unique to government.
09:29:47 We are seeing it throughout the state in government
09:29:50tions, personally, we do not have the access to property
09:29:55ce that we feel is adequate.
09:29:57 And so there was some, I would call it, MiGs informs
09:30:02 We are field goal to clarify that in writing for you.
09:30:05 We have already previously sent you some information
09:30:08 We are going to go ahead and clarify that as well.
09:30:11 It really is not -- we do not choose -- effectively
09:30:19sured, we haven't established a self-insurance fund for
09:30:22rpose. The property insurance simply was not available
09:30:26 It partly depends on when we renewed our policy, the
09:30:29really dried out by the time we got to our policy, those
09:30:32e after us had even a more difficult time.
09:30:35 We see Pinellas County, for example, their coverage
09:30:39e from 630 million last year to 85 million, the school
09:30:44t 200 million to 50 million.
09:30:47 This is not just a City of Tampa issue.
09:30:50 It is really similar to the citizens for their
09:30:53ers insurance getting canceled from a company who they
09:30:57d insurance with for yourself and years and years and
09:30:59ve to go to citizens paying more for less insurance.
09:31:03 So I want to clarify all those facts for you in
09:31:06 I wanted to let you know that this is not something we
09:31:10 It wasn't insurance that we chose not to buy.
09:31:13 We really have spent a lot of time.
09:31:17 Mike McDavin our risk manager spent a lot of time
09:31:22 our big properties, looking at the roofs, looking at the
09:31:24, really doing a good assessment of our assets.
09:31:28 And it is on an ongoing basis.
09:31:30 If we are able to purchase more insurance, we do that.
09:31:34 We did that last year.
09:31:38 I don't know if you recall, last year we were able to
09:31:40e our insurance coverage about $200 million for very
09:31:44 So when it becomes available to us we do make that
09:31:47 We evaluate the premium.
09:31:48 We look at that and decide like last year to do it.
09:31:53 Unfortunately this year the market was completely
09:31:55 And so I just wanted to clarify that for you in case
09:31:59eive a different impression from this morning.
09:32:04 >>JOHN DINGFELDER: Bonnie, thanks for coming over.
09:32:06 I think council is well aware of that situation and
09:32:08inistration has been very forthright on continuing to
09:32:11 briefed on that issue.
09:32:13 But it's good that the public hears that from you and
09:32:16. McNabb as well.
09:32:21 I did have a question related to this issue and we
09:32:23d that discussion before, and, Mike, maybe you can also
09:32:27 The Florida League of Cities has an arm of the league
09:32:34 an insurance arm, and it covers -- especially small
09:32:39alities for different types of liability.
09:32:43 I'm wondering, is there a dialogue going on right now
09:32:46Florida league about addressing this issue?
09:32:49 I mean, obviously the insurance crisis is hitting
09:32:51acet of the State of Florida, the public sector and the
09:32:55 sector and homeowners and everybody.
09:32:57 But I'm just wondering if the Florida League of
09:33:00 or if we are participating in anything with the Florida
09:33:05of Cities to create a self-insurance pool where all the
09:33:08can bundle together and if a storm hits the east coast,
09:33:11 help them, and if it hits the west coast, then they help
09:33:15t sort of thing.
09:33:19 >>BONNIE WISE: I think I previously mentioned that the
09:33:23 government finance officers association, this is
09:33:27ng that we are looking at, is an organization, the
09:33:31 directors throughout the State of Florida.
09:33:33 We are talking about it at our conferences, whether a
09:33:36s been established or not.
09:33:39 I'll defer to make on this, the insurance side.
09:33:43 But it is something collectively we are looking at as
09:33:45nization throughout the State of Florida.
09:33:47 I've read articles that the insurance industry looks
09:33:50ida as all coastal basically.
09:33:54 You see the headlines, you know, time and time again.
09:33:58 So it's certainly something that we are not unique in
09:34:06 >>> Good morning.
09:34:07 Mike McNabb, risk manager.
09:34:09 We have looked at that, and if we had the capacity to
09:34:14e would certainly welcome joining the program.
09:34:16 Little cities even have a bigger problem than cities
09:34:18mpa because they don't have the resources that we do,
09:34:22 of insurance.
09:34:26 I think that's traditionally been their thrust is to
09:34:29he small, medium size cities.
09:34:31 But we are looking at that and I have talked to
09:34:33rough County and some of the other governments about
09:34:35 pooling or sharing resources, or at least pooling our
09:34:47 >> And also a very large and powerful -- they have a
09:34:57 -- maybe the Florida association of counties, Florida
09:35:02of Cities, maybe we need to take the lead and get them to
09:35:08 Because I don't think the insurance industry, from
09:35:10the country and around the world, is necessarily going to
09:35:14nning to our aid.
09:35:15 I think we have to help ourselves.
09:35:17 >>> We hope that if we have a mild or no hurricane
09:35:20this year that the market will settle down a little bit,
09:35:23 the scares of Florida and Louisiana and Texas will go
09:35:25nd the rates will come down a little bit.
09:35:27 But we'll just have to see.
09:35:31 >>LINDA SAUL-SENA: I think that we are behaving
09:35:33ibly, and I'm glad that you came today, Ms. Wise, to
09:35:37he information with the world.
09:35:38 But it seems to me we are going to have a new
09:35:41 That's a fact.
09:35:42 And this governor and legislature are going to take
09:35:46ep either sooner or later before this fall or spring
09:35:50the legislative session.
09:35:52 I'm very concerned that the City of Tampa does not
09:35:55staff person in Tallahassee.
09:35:58 I know this has been an administrative decision.
09:36:01 But I really want the administration to consider how
09:36:05nt having our own voice up there can be.
09:36:09 And I think that it's important.
09:36:11 I think the solution for communities is going to come
09:36:14llahassee, from this particular case, because it's
09:36:18ng that affects communities throughout the state.
09:36:21 And I think that we would be heard more clearly if we
09:36:23go with a lobbyist, if we had -- you know, that's the
09:36:27 Tampa coming to talk to you personally.
09:36:29 As a staff member of the city, to work with our
09:36:32tive delegation, to work up in Tallahassee and I hope the
09:36:39tration will consider this as we go on.
09:36:41 Because I think the financial implications of that for
09:36:43well worth the investment in that salary.
09:36:49 >>SHAWN HARRISON: Ms. Saul-Sena just addressed it.
09:36:55 Bonnie, we, City of Tampa and any governmental
09:36:58te, we look at the insurance a little differently than a
09:37:03 homeowner, because if something major did happen, I
09:37:06 in theory the city would have the ability to levy an
09:37:11nal assessment, to repair everything, or increase taxes,
09:37:15ever, you know, to try to rebuild.
09:37:21 But what our options be?
09:37:25 Sort of a thumbnail. Let's say that something, a
09:37:28r did happen, and we had much more damage than we had
09:37:33 What would some of our options be?
09:37:35 >>> It would really have to be a combination of
09:37:37 courses, something material for a Katrina-like event.
09:37:43 It would have to be federal, it would have to be
09:37:45a combination of insurance, it would be going into our
09:37:47lances that we keep, maintain in all of our enterprise
09:37:52 It would be using our bonding capacity in those
09:37:55ise funds to rebuild the wastewater treatment plant, for
09:37:59 So now the problem with that is we have those balances
09:38:08tain our adequate bond ratings, and for a Katrina-like
09:38:16forces would have to come together and that's what we
09:38:19ave to do.
09:38:24 >> But we could tap balances that are within
09:38:34 >>BONNIE WISE: I think it depends on what needed to be
09:38:38 For example, we would use our water fund balances to
09:38:42 the water treatment plant.
09:38:44 We would be using a solid waste facility.
09:38:47 We would use wastewater balances, you know, that type
09:38:50 It's really on the general fund when you talk about
09:38:54 fire stations, police headquarters, parks and
09:38:57ions facilities, it's the general fund that really has
09:39:02 We would have to use all those balances.
09:39:05 And really, we would have to rely on the federal
09:39:08ent, the state government as well.
09:39:13 >>SHAWN HARRISON: I guess that was my question. Let's
09:39:14re was some major damage to some of our police stations.
09:39:18 Would we have the fund balances and say the stormwater
09:39:22ent, or can we cross over those lines in the emergency
09:39:28 >>BONNIE WISE: The bond covenants don't allow to us do
09:39:30 this time.
09:39:34 In a crisis, I can't really answer that.
09:39:36 But, no, typically the answer to that is no, the
09:39:38ise funds are holding solid and maintained within their
09:39:44 >>ROSE FERLITA: Bonnie, I'm sorry, I had to answer a
09:39:48 I apologize.
09:39:53 I think also the reimbursement from FEMA is very slow.
09:39:57 What's the status on that?
09:39:58 Is there anything we can do to expedite that?
09:40:02 Did you answer that already?
09:40:03 >>> I have not.
09:40:04 Thank you for asking.
09:40:05 This is basically two years old.
09:40:07 Reimbursement, debris clearing, $7.5 million or so.
09:40:12 We receive reimbursable expenses.
09:40:19 Most of it has been received over this two-year time
09:40:21 it did take awhile.
09:40:23 Of course, that's lost interest earnings.
09:40:25 It was money that the city had to use of its own
09:40:28, to use for debris clearing.
09:40:31 Our citizens needed to have that debris cleared
09:40:34 We needed to do that immediately.
09:40:36 We can't wait for FEMA money to come in for that
09:40:39 I think that we are now at a point where we just have
09:40:42e bit still outstanding, the staff is really working very
09:40:47 I don't think there's anything else.
09:40:48 I think -- certainly the process with FEMA to get that
09:40:56ack, and really take some time.
09:40:59 And that got a little confused with our emergency
09:41:02s that we are establishing.
09:41:10 Reserves for that like debris clearing, not really to
09:41:13e our assets.
09:41:16 >>MARY ALVAREZ: Bonnie, how much money are we still
09:41:18 for from FEMA?
09:41:21 >>BONNIE WISE: I'm sorry, I think it's still several
09:41:24 thousand dollars.
09:41:26 But the big bulk has been received.
09:41:30 >> When you receive this money does the money go back
09:41:32e general fund or back to the fund balance?
09:41:34 >>> It went back to that which it came.
09:41:36 So wherever we had taken it from, we returned it to
09:41:43 >>GWEN MILLER: Thank you for coming and explaining
09:41:45 We appreciate it.
09:41:46 We needed to hear that.
09:41:47 Mr. Shelby.
09:41:51 >>MARTIN SHELBY: Yes, council.
09:41:52 There is an item on the agenda that was placed in
09:41:54item number 44.
09:41:57 At the time that that is brought up on the consent
09:42:03it could be withdrawn or done by motion now either way.
09:42:07 And the other thing, council, two other items very
09:42:10 Item number 76, just so people are aware, it's a
09:42:15 appeal hearing.
09:42:16 And I believe when that time comes that's going to be
09:42:20 There's a petition to withdraw that.
09:42:23 Finally, council, just to bring it to your attention,
09:42:26re two items.
09:42:28 Number 74 and number 75.
09:42:32 It comes to our attention that those are two wet
09:42:36 The attorney has brought to the clerk's attention, or
09:42:39ir's attention, that that attorney has to be on a 2:00
09:42:44to Los Angeles so he's wondering if that can be taken up
09:42:47to 10:00 as possible.
09:42:56 >>GWEN MILLER: Okay, we will do that, Mr. Shelby.
09:42:59 We need to approve the agenda.
09:43:01 >>MARY ALVAREZ: So moved.
09:43:02 >>SHAWN HARRISON: Second.
09:43:03 >>GWEN MILLER: Are there any items on the agenda we
09:43:06 Council members?
09:43:09 We have a motion and second to approve it.
09:43:11 (Motion carried).
09:43:12 Item number 3.
09:43:19 >>CATHERINE COYLE: Land development.
09:43:20 There's one item I neglected when I was up before.
09:43:22 I wanted to introduce Abby feely, our new planning and
09:43:27coordinator, to come before you with the rezoning cases
09:43:31 In the interim, she will be filling in some of those
09:43:34eetings before you.
09:43:38 She did come from strategic planning and technology,
09:43:40n with the city for approximately six years, she's a new
09:43:42a new baby girl, and we look forward to having her on our
09:43:48 >>GWEN MILLER: Welcome.
09:43:51 >>> Good morning, council.
09:43:52 I do look forward to working with you.
09:43:54 And the city.
09:43:55 I enjoy working here, being here over six years now.
09:43:59 I had a short maternity leave.
09:44:01 And I love my boss.
09:44:05 I think she's fantastic.
09:44:09 [ Laughter ]
09:44:11 >>MARY ALVAREZ: And when we are here at 11 and 12:00 I
09:44:17 hear you say that.
09:44:18 [ Laughter ]
09:44:20 >>CATHERINE COYLE: Item number 3, land development,
09:44:22forcement to appear.
09:44:27 I went back and looked at the rezoning.
09:44:29 We had several meetings on that.
09:44:30 I went back and looked at the condition on Bella's.
09:44:40 As soon as the rezoning was approved they had 90 days
09:44:45 it to the A.R.C.
09:44:48 They had 90 days for construction permits.
09:44:52 Where they are right now is they are actually in the
09:44:55 They are on their third submittal for permit.
09:44:58 They submitted February 8th, July 13th, and
09:45:02 And they have been denied on-site permits for each
09:45:06 What happens now is once you have that denial, you
09:45:08 days to revise the plan and resubmit.
09:45:12 If they don't meet that 60 day requirement, the permit
09:45:16 And then they would be in violation of their PD.
09:45:19 Currently right now there are no code enforcement
09:45:22 on the property.
09:45:23 They are not in violation of the PD as of yet, until
09:45:25ally the permit expires.
09:45:28 That's all I have to say at this point.
09:45:31 >>LINDA SAUL-SENA: Could you refresh our memory?
09:45:35 When did they come before council for this PD?
09:45:37 >>CATHERINE COYLE: The ordinance -- let's see.
09:45:48 Planned date was February 14th, the ordinance was
09:45:56 October 21st, 2005 is when the mayor signed it.
09:46:09 >>GWEN MILLER: Ms. Alvarez had a question.
09:46:12 >>MARY ALVAREZ: When this thing goes to permitting,
09:46:14ee times it has been there, right?
09:46:16 >>CATHERINE COYLE: Yes.
09:46:19 >> What seems to be the problem?
09:46:22 >>> Well, the permitting things as well.
09:46:25 >> All we do is get --
09:46:28 >>> The permits they have been denied on and they have
09:46:29ve, the construction site permit, they received their
09:46:35and received their building permit.
09:46:37 It's the site issues that have not been corrected.
09:46:41 There are minor corrections that need to be made, an
09:46:43hment ordinance needs to be filed with construction
09:46:46s, encouragement for the sidewalk cafe on Howard.
09:46:55 They need an address verification which they come to
09:46:58ice to do.
09:46:59 And it appears that the third review, actually each
09:47:04that the plans they submitted for site permits does not
09:47:08he PD that was approved.
09:47:10 So they will to come back in our office if there's a
09:47:16 They haven't filed anything with us yet.
09:47:20 Those are the comments from construction services.
09:47:22 >> We seem to get a lot of complaints about the
09:47:26 And I thought we were working on that issue where we
09:47:33tting down the permitting process, and really going
09:47:39 >>CATHERINE COYLE: From the comments I have seen it's
09:47:40ually a permitting issue.
09:47:42 They are responding to the plans that they have, and
09:47:44ns that they have been given are missing pieces.
09:47:49 They have had four separate sheets of comments and a
09:47:51of these comments have been repeated on each comment
09:47:54 And they are not get et -- not getting the information
09:47:58 >>MARY ALVAREZ: Is someone in the permitting area
09:48:02 these people out?
09:48:03 I mean, maybe walking them through this?
09:48:06 That way they don't have to come back over and over
09:48:10 >>> They do meet with the staff when they get the
09:48:15 >> But is somebody holding their hand so it doesn't
09:48:16o you know what I'm saying?
09:48:18 >>> I do.
09:48:19 I understand.
09:48:19 I can't speak to that.
09:48:23 >>MARY ALVAREZ: I'm going to give you a chance to say
09:48:28 >>> Cindy Miller, management services.
09:48:32 I believe again construction service staff has to be
09:48:35 look at one plan and make sure that it is consistent
09:48:39 If it isn't we have to hand it back.
09:48:42 I will check with John Barrios, our senior manager at
09:48:45struction Services Center.
09:48:47 He has looked at it from the records standpoint and I
09:48:50ve him look at it.
09:48:53 >>MARY ALVAREZ: I appreciate that.
09:48:55 Thank you.
09:48:56 >>LINDA SAUL-SENA: Ms. Alvarez, sometimes the approved
09:49:06at the bottom of the plan, the PD, there's a note that
09:49:13 And I'm thinking this is a very dense urban site, they
09:49:16ven't figured it out how to deal with the stormwater on
09:49:20 I mean, the it's the petitioner's responsibility, they
09:49:24y are going to comply with our rules to figure out how to
09:49:27 And I -- the sticking point.
09:49:37 >>JOHN DINGFELDER: Just one other thing.
09:49:45 Ken couldn't be here today and we know they have been
09:49:47t frequent enforcers on this site.
09:49:50 And she said, I hope we don't have the same song and
09:49:53outine where we get approval -- maybe I should just a
09:49:56n accent for Karen -- where we get approval for a site
09:49:59d then never implement it.
09:50:01 I will remind that you code enforcement violation for
09:50:03liance with this 1980s site plan was resolved with the
09:50:07l of the new site plan.
09:50:08 And that creates an interesting little situation which
09:50:11 we are now seeing being played out.
09:50:15 Because they would still be under code enforcement
09:50:17r the fact that we approved the new site plan, you know,
09:50:21and a half ago.
09:50:22 So I think that that's what got them off the hook.
09:50:28 Other citizens aren't so lucky, they get hit with a
09:50:33 And I think this particular project should deem
09:50:38ves very lucky and should jump in and get these issues
09:50:42 I maybe those permit delays, maybe they are on both
09:50:45f the fence.
09:50:46 Maybe it's the developer.
09:50:47 Maybe it's permit services.
09:50:49 And a little bit of both.
09:50:50 But we need to get this communication resolved and we
09:50:52 get this project done.
09:50:55 Otherwise, they should get sent back to code
09:51:03 >>GWEN MILLER: Petitioner?
09:51:04 >> Ann Thompson, Mechanik Nuccio.
09:51:08 We passed out this time line to show the basic
09:51:11tion of what has been going on.
09:51:14 And I just wanted to point out a few things.
09:51:17 There were a couple of meetings about drainage issues.
09:51:20 It's my understanding that that has to do with
09:51:23n of trees versus where stormwater retention was going to
09:51:27 working all that out.
09:51:30 From what I understand, we expect to submit hopefully
09:51:35al submittal to the city within the next few days.
09:51:39 I believe it requires putting on some of the zoning
09:51:42ons actually onto the construction site plan.
09:51:45 And that they are taking care of right now.
09:51:47 And we don't expect any further problems, and
09:51:51ly in the next two to three weeks we will have these
09:51:56 >>LINDA SAUL-SENA: I think it would be appropriate
09:51:58his process has been so long for you to meet, or
09:52:05ntative petitioner, to meet with the neighborhood, in a
09:52:07way, to express our concern.
09:52:19 They have been totally inconvenienced, and you all owe
09:52:26he neighborhood to make the neighborhood whole and to
09:52:30th them and give them the time frame to address these
09:52:35 >>> I think that's reasonable and we will definitely
09:52:37th the neighbors to make sure they know where we are, and
09:52:39 do feel that we are really into the process.
09:52:45 We have had building plans approved and we can really
09:52:50ixing the property.
09:52:54 >> Thank you.
09:52:55 >>STEVE MICHELINI: I'm here on behalf of bella's.
09:53:00 The restaurant itself is in compliance.
09:53:02 Just for the record the sidewalk cafe issue was
09:53:05d a year ago.
09:53:06 That's not even pending anymore so I don't know why
09:53:09coming up, including encroachment, the permits were
09:53:12 some time ago, the fire marshal in their inspection had
09:53:18 A copy of our permit that allows all of those things
09:53:21e marshal had required.
09:53:23 So I just want to make sure it was enclosure that the
09:53:26ant as a tenant is operating in full compliance with
09:53:30 Thank you.
09:53:31 >>GWEN MILLER: Thank you.
09:53:33 Item number 4.
09:53:38 >>> Cindy Miller, director growth management and
09:53:40ment services, here on item number 4 which is to address
09:53:44raised by Joanne Peck in a letter that I believe has been
09:53:51uted to you.
09:53:52 I think the best way to start is to read --
09:53:55 >>LINDA SAUL-SENA: Do you want to hand out --
09:53:59 >>> I think you already --
09:54:00 >>GWEN MILLER: Yes.
09:54:01 >>JOHN DINGFELDER: I don't have that in here.
09:54:04 >>> What I can do is submit to you a copy of the
09:54:06but I am just going to read portions.
09:54:08 >>LINDA SAUL-SENA: Could you wait a certificated,
09:54:11 get a copy of this?
09:54:16 >>> Let me make copies 9 we go to item number 5.
09:54:25 >>JULIA COLE: Legal department.
09:54:29 There has been a little bit of ongoing previous
09:54:32 to how we would accomplish the requirement that provides
09:54:40rhood associations, neighborhood association with a site
09:54:43rior to the public hearing.
09:54:46 In looking at our code, and looking at legally what we
09:54:49 the best way to accomplish this would be to amend our
09:54:53 provide as a requirement in the code that when notice is
09:54:55 the registered neighborhood association, that that
09:54:58includes the latest site plan.
09:55:01 I did --
09:55:05 >>JOHN DINGFELDER: So moved.
09:55:06 I'm just trying to speed things up.
09:55:10 >>JULIA COLE: The one thing I want to say, though, so
09:55:12erybody understands, the way our process works, notice
09:55:15t 30 days prior to the public hearing.
09:55:18 But our rules currently require that the site man
09:55:21 need to be finalized till 13 days prior to the public
09:55:24 So you are going to have a lapse.
09:55:25 So everybody will noticed to understand and we can
09:55:27 so it's clear on the site plan that it is a preliminary
09:55:31an subject to revision.
09:55:33 >>JOHN DINGFELDER: That would be great.
09:55:35 I'd like to make that motion.
09:55:37 I think it's a really progressive idea to keep the
09:55:40rhood associations from having to come down here, make
09:55:45 you know, pay money, inconvenience themselves.
09:55:51 Because a lot of times if they get the site plan, and
09:55:53. Keen is here, she might be able to help us a little
09:55:57 When they get the site plans, they might look at the
09:55:59an and say, you know what?
09:56:01 We don't have a problem with that.
09:56:03 This looks good.
09:56:04 Otherwise, they might have to come down here, make
09:56:06 take it home, look at it.
09:56:09 I think it just saves the neighborhood a step.
09:56:12 And this is what notice is all about.
09:56:13 It's giving the public the most information possible.
09:56:17 >>SHAWN HARRISON: Are we going to be providing the
09:56:21nary site plan or are we going to be providing the one
09:56:24at the 13-day out?
09:56:26 Because there could very well be radical changes in
09:56:30 And you don't want to make a mistake of, you know,
09:56:32tting that first one out no matter how big and bold and
09:56:36e writing is.
09:56:38 This is only preliminary.
09:56:39 You get something that's already gone through changes.
09:56:41 And it could get a lot of people upset and concerned
09:56:44 project that's never even going to be close to what's
09:56:47y being proposed at that point.
09:56:53 >> I would say the better course -- then we say, all
09:57:00this is what's on record right now.
09:57:03 And that's what will be considered at the City Council
09:57:06 >>JULIA COLE: If I could just address that issue.
09:57:10 If that's the intent, what my intent was, and what I
09:57:12ood we were going to do, right now the neighborhood,
09:57:15red neighborhood association, as well as all of the
09:57:18ng residents receive notice 30 days beforehand.
09:57:21 We could draft it in such a way that says you still
09:57:24at 30-day notice, and then after the 13-days, maybe 12
09:57:291 days, 10 days, whatever, we decide another type plan
09:57:33 spent -- site plan will be sent out, my question, is
09:57:37mething that should be on the onus of the property owner
09:57:41 I think it still needs to be stamped and I would
09:57:44nd it still needs to be indicated that is still
09:57:46nary because changes can happen even after that.
09:57:49 They can come to you and request a continuance to make
09:57:52 And I also want to make sure everybody is clear, if we
09:57:54nto the code as a requirement that that requirement is
09:57:57plied with, then that would be a notice failure which
09:58:00hen require a misnotice and new issuance for that issue.
09:58:07 >>SHAWN HARRISON: In today's electronic world there's
09:58:10no burden on anyone to provide this.
09:58:12 I'm sure a PDF document that gets e-mailed.
09:58:15 And every one of our civic associations, I would
09:58:19has an e-mail.
09:58:21 Well, most of them do.
09:58:22 And so I don't think there's a tremendous burden.
09:58:25 And I think that the burden ought to be on us as
09:58:28 to on the petitioners.
09:58:30 Because a lot of times, the petitioners are not that
09:58:33icated either, and we don't want to get to the point
09:58:37e have got a neighborhood full of people that come down,
09:58:40re's a relatively, you know, innocuous deadline that got
09:58:46by the petitioner, then all of a sudden everyone came
09:58:49r nothing because of a notice issue.
09:58:52 So I think it should be our burden to provide it.
09:58:55 >>> I guess I would need direction if it's an intent
09:58:58urtesy sending an e-mail.
09:59:00 If we make it a requirement of the code, whether or
09:59:02s on the city staff or it's on the petitioner, then that
09:59:07 a notice issue.
09:59:08 And if the notice fails and it doesn't get sent out on
09:59:12ht day, isn't received on the right day, with an e-mail
09:59:15d be hard to track, you have the potential notice
09:59:18 So I'm not sure if what you mean is more of a
09:59:21 And that is not something we need to change the code
09:59:24 County be a courtesy.
09:59:25 If it's something that we have for the petitioner then
09:59:29 something we need to change the code for and something
09:59:32 to indicate specifically on the code when that needs to
09:59:34 out and we need to say if it's not done properly then it
09:59:37 a notice failure.
09:59:39 >>SHAWN HARRISON: Well, I think my own personal
09:59:41 is we are very easily equipped to do it at the 13-day
09:59:46ame, send it out and say here's the site plan, this is
09:59:48day deadline, and it obviously could change between then
09:59:52 point of the hearing.
09:59:54 But --
09:59:57 >>CATHERINE COYLE: Land development.
09:59:58 They are not submitted to us digitally.
10:00:00 We get them in paper form.
10:00:02 If you want us to go this route, because there are
10:00:04rhood associations without e-mail addresses, several of
10:00:08tually on the list this afternoon when can't contact
10:00:11by phone, that we would send it by mail.
10:00:13 The only thing is, the hardest thing for us is to add
10:00:17nal work for the planners when they are processing these
10:00:19because that 13 days before the hearing, they are trying
10:00:22the staff reports ready for you, to package out to all of
10:00:26er aids, to work together, and remembering that item is
10:00:32e thing to remember, and it's going to be a notice
10:00:35 that we cause them to misnotice.
10:00:37 I would hate for us to have that burden.
10:00:41 >>SHAWN HARRISON: Would it be a notice failure, if we
10:00:44e ball it's not a notice failure, and not punishing the
10:00:49ner for it.
10:00:50 And I don't think that there's a tremendous burden on
10:00:54 If we are making copies already for us to provide the
10:00:57 And the same token that you guys have a lot on your
10:01:04and that's true, we are all in this together, and I just
10:01:06ee why we can't handle that ourselves.
10:01:12 >>DAVID SMITH: City attorney.
10:01:13 In listening to this conversation, one of the things
10:01:16consider doing in the process of amending the ordinance,
10:01:19 you know we have to amend the ordinance, is maybe we can
10:01:21 that an applicant submit to us a PDF form as well as a
10:01:26 And perhaps the ordinance can address the fact that
10:01:28eighborhood associations who provide us an e-mail address
10:01:32t the updated version.
10:01:34 So there needs to be some obligations, you know, a
10:01:40 But it needs to be discussed.
10:01:42 I think we need to work with Cathy and sin can I, find
10:01:49 the systems work and make it work the best and most
10:01:54 >>MARY ALVAREZ: I think a little more discussion needs
10:01:56one on this, because there's a lot of neighborhoods that
10:01:59ave an association, and we feel in the reports that come
10:02:02 there will be a neighborhood association that is posted
10:02:09ally has nothing to do with the neighborhood that we are
10:02:13y looking for development in.
10:02:17 And so I don't know.
10:02:21 It just seems to me that we are pitting
10:02:29rhoods -- that don't have a particular neighborhood, it's
10:02:31waste of time.
10:02:32 Because they are going to look at that site plan and
10:02:34y, I have nothing to do with this, and they are just
10:02:37o throw it away.
10:02:39 >>DAVID SMITH: What the requirement is now, we notify
10:02:42ghborhood association in the area.
10:02:45 If there isn't one in the area, we notify the closest
10:02:48 Those how you have those instances where --
10:02:53 >>MARY ALVAREZ: Right.
10:02:53 And that's exactly what I'm talking about, that that
10:02:56rhood association has nothing to do with the neighborhood
10:02:58ght have a development going in there.
10:03:00 And they are getting these site plans.
10:03:02 And they are saying, "this doesn't belong to me.
10:03:08 Why am I trying to represent that neighborhood when
10:03:10n't have it closer?"
10:03:14 So there's a little bit of confusion.
10:03:16 That would be the confusion in there.
10:03:17 So I don't know.
10:03:19 I think more discussion needs to be done for this.
10:03:29 >>LINDA SAUL-SENA: I very much feel that the
10:03:30ner who is responsible for coming up with the site plan
10:03:33come up with an additional paper copy to share with the
10:03:37 And I think that you all can probably come up with a
10:03:42 I think in the scope of things, the petitioner who
10:03:45oney, to draw up the site plans, who is trying to get the
10:03:51g, it's so much in their interest to make sure that the
10:03:54rhood has a copy of what they are creating, the
10:03:58rhood will be supportive when they come down before City
10:04:06 >>JOHN DINGFELDER: Well, we had a good discussion on
10:04:08 I think that -- I'd like to give the industry, the
10:04:13ment industry, the benefit and I would like for us to
10:04:17r perhaps taking a step back and maybe just looking at
10:04:22g a policy or asking staff to create a policy, and we
10:04:27ut it in writing on whatever paperwork you give to a PD
10:04:30er, this is just about PD, this is not about Euclidean re
10:04:36 that we have, but ask the PD developer to do it as a
10:04:42 And be part of the checklist and so the City of Tampa,
10:04:49 that the developer provide the neighborhood association
10:04:53urtesy with a copy of the PD, you know, at the 13-day
10:05:00 Then you don't have -- and you know what?
10:05:03 If the development industry doesn't respond to that,
10:05:05year or two from now we can come back and be a little
10:05:09r and say, now what?
10:05:10 We tried to give you a chance to do it voluntarily,
10:05:13 not doing it voluntarily, the neighborhoods need this
10:05:15 In regard to the PDF file, I wouldn't do a PDF,
10:05:19 the site plans, you know, they are six pages sometimes,
10:05:22s sometimes, and they are this big.
10:05:26 And when you are PDF they are this big and I think
10:05:29ally hard to look at them on computer.
10:05:32 So I agree with Cathy, it's more meaningful to give
10:05:35 I think it only costs really a dollar a page for the
10:05:38 And just ask the industry to do this on a voluntary
10:05:44 And then start with that.
10:05:46 Mary, I understand what you're saying.
10:05:48 But I think my approach might be a softer approach to
10:05:51 And we'll just ask them to do it.
10:06:01 >>LINDA SAUL-SENA: Ask legal to write up --
10:06:04 >> We'll work with the director of zoning
10:06:07 >>GWEN MILLER: We need to continue it for, what, two
10:06:14 >> 30 days.
10:06:14 >>GWEN MILLER: How many weeks do you need?
10:06:19 >> Four weeks?
10:06:23 Probably a couple of weeks.
10:06:25 Put this in the middle of your budget.
10:06:28 >>LINDA SAUL-SENA: A daytime thing.
10:06:33 >>ROSE FERLITA: I think we are all looking at the same
10:06:39 But we don't want to do something that's going to
10:06:44ndue burden to the petitioner.
10:06:46 We want to make sure that what we do assists in
10:06:49 the neighborhood involved or the association that's
10:06:53 I think, David, you came up to find a way to do that,
10:06:58 unduly burden anybody in the process.
10:07:01 This is my concern.
10:07:03 I think there are enough things that are not enforced
10:07:07 put them out in the form -- and I'm not sighing this is
10:07:12al version that I would support.
10:07:14 But you're going to have some reciprocal problems from
10:07:20 the sense that, okay, we are going to ask them to do
10:07:22nd okay, that's fine, that's the soft way to do it.
10:07:25 But then you are going to have a from neighborhoods.
10:07:28 Well, you didn't make the developer do it.
10:07:30 Some did it, some don't.
10:07:31 Some don't want to.
10:07:32 And so some neighborhoods will be more informed than
10:07:35and you may have some complaints from that fund, that if
10:07:38 a practice where we can expect item 1, 2 and 3, to see
10:07:42 or not we support it, and in some cases, Seminole
10:07:46 civic association may be able to do that in some
10:07:50rhood in Hyde Park didn't have that information.
10:07:53 So I think you are going to have to rumblings from
10:07:55rhoods that they don't know whether they can expect this
10:07:57because the petitioner is not obligated to it.
10:07:59 And again, let me reinforce what I'm saying.
10:08:02 I'm not sure this is the final version that I would
10:08:04 But I'm not going to support it for that reason.
10:08:06 I think there still needs -- and I agree with Mrs.
10:08:10, maybe blue-green with the idea of let's get the parties
10:08:13r so he would don't cause any undue burden to the
10:08:16ner, the neighborhoods make sure that they are going to
10:08:18 same thing that another neighborhood is going to get for
10:08:21 petition, and then we as the government who wants to act
10:08:25son between do what we can to simplify the whole process.
10:08:29 And at the point that we do that, then I think we need
10:08:32 some firm policy.
10:08:33 You can't have a policy to make sure that everybody
10:08:39e same information.
10:08:40 For that reason I don't think it's a good idea.
10:08:43 We haven't gotten to where we need to get and I am not
10:08:48o support it under the "ask."
10:08:51 >>DAVID SMITH: City attorney.
10:08:53 Let me suggest, so you can move on to the rest of your
10:08:55 that we do the soft approach in the interim, and in the
10:08:58, we meet with the various parties, whether it's in Ms.
10:09:02na's committee or elsewise, we'll meet with
10:09:05ntatives of T.H.A.N., representatives in the neighborhood
10:09:07tions, representatives from the industry, and see if we
10:09:10ome back with something that's a little more
10:09:13 >>ROSE FERLITA: Your interim is not two years like Mr.
10:09:19 I won't support it for two years.
10:09:20 It's a vague policy, whatever the policy ends up
10:09:23 So what do you say in the interim?
10:09:26 >>DAVID SMITH: I think it depends on how quick we can
10:09:29 various parties to the table to come and discuss and
10:09:31 their input.
10:09:32 One thing I would suggest to you, however, I think
10:09:34ly applicants, it would be extremely imprudent to not
10:09:39copy to the neighborhood, if you don't cooperate, and
10:09:43 So be that as it may, that would -- that will apply in
10:09:47 We'll have meetings with the various interested
10:09:49 and try to come up with a comprehensive --
10:09:53 >>: So you are talking maybe a month?
10:09:55 >> I don't see why it shouldn't take more than that.
10:10:01 >>CATHERINE COYLE: land development.
10:10:04 I can bring the application back to you in two weeks
10:10:05 you the language that is now -- we'll put it out
10:10:08ve immediately any plan coming in by the 13th day
10:10:11sk the petitioners to mail that site plan to the
10:10:14rhood association that's on record.
10:10:16 In the interim, though, if Ms. Saul-Sena, if you
10:10:19to call a special meeting or special discussion to invite
10:10:22.A.N. members and the building zoning committee to invite
10:10:26invite members of the industry, to discuss this item,
10:10:29n 30 or 45 days, to actually get a firm policy.
10:10:35 >>ROSE FERLITA: And the reason that I'm doing this
10:10:37Ms. Saul-Sena, doesn't mean that I'm trying to take away
10:10:41at you and John are trying to do.
10:10:43 But the point is that because -- what David said is
10:10:46n key but it would be foolish and not in the best
10:10:51t of the petitioner to cooperate with the neighborhood
10:10:53ing an eleventh-hour disagreement.
10:10:55 But I think we just need to define the policy and not
10:10:58 vague and I think everybody, if they are allowed to come
10:11:00weigh in on it are going to go ahead and go with it
10:11:03ess of whether it's a suggestion or policy or
10:11:07 >>GWEN MILLER: So the motion is, what, four weeks, a
10:11:11 >> Two weeks, coming back with language.
10:11:16 To put it under unfinished business with the language
10:11:20d development has created.
10:11:22 79 motion and second.
10:11:23 (Motion carried)
10:11:28 Are you going to be real long?
10:11:30 >> I hope to be very short.
10:11:34 Item number 4.
10:11:35 The letter has been distributed to you.
10:11:39 I would like to call your attention.
10:11:40 I think it's a very good summary, if you look at the
10:11:43ragraph on the first page.
10:11:45 The preservationists in Tampa, however, do recollect
10:11:48at the public perception of the process for review of
10:11:52ions and additions to designated historic property, as
10:11:56 for the new construction within designated historic
10:11:59ts, is that it is unduly burdensome.
10:12:03 This acknowledgment is not meant as a critique of the
10:12:06r the administrative staff but purely recognition of
10:12:10perception as seen by the reluctance of property owners
10:12:13ect themselves or the neighborhoods to review process in
10:12:17f the benefits that they would receive.
10:12:18 I think that is an excellent summary of what Ms. Peck
10:12:30 And I would prefer you down to page 3.
10:12:35 She has submitted 12 items, with other subtitles
10:12:38that, that are suggestions for approval for the process
10:12:41 architecture review commission and the Barrio Latino
10:12:49 I think what I have found in my tenure when it comes
10:12:52process that exists now for both commissions we need to
10:12:56 My staff and I, along with the city attorney's office,
10:12:58n looking at some proposed code changes.
10:13:01 What I would like to suggest to City Council is that I
10:13:09 back in September with the areas we are addressing.
10:13:12 I would encourage City Council to use this letter as a
10:13:15cklist because there are some very good suggestions here.
10:13:18 I have met with Ms. Peck.
10:13:20 We had a very good meeting.
10:13:21 I told her some of the things we were -- we were
10:13:25 They were consistent with a lot of the recommendations
10:13:28 I also think that when it comes to homeowners,
10:13:31s owners, other folks within the district, developers, I
10:13:35he suggestions we will come back to you with will be very
10:13:39llow to make sure that everyone has a better, more
10:13:42rent -- I know that's an overused word -- more
10:13:45rent and consistent process.
10:13:47 So I hope to be back in September with that outline as
10:13:51-- I won't say quite workshops, public meetings in
10:13:54 parts of the city, within historic districts and will be
10:13:57 you with code modifications during the last calendar
10:14:01 >>LINDA SAUL-SENA: Thank you so much.
10:14:03 And I thank you for taking time to make additional
10:14:07 I had one awhile back.
10:14:09 It wasn't part of my packet for today.
10:14:10 She writes so clearly, and I low forward to your
10:14:17 >>MARY ALVAREZ: I feel the same way.
10:14:19 I'm looking forward to reading it and for you to come
10:14:24th something that will be amenable and compatible with
10:14:30 want for our city and the historic district.
10:14:37 From what I read, she's hit a lot of points right on
10:14:43 But we still want to be fair to everybody.
10:14:49 >>GWEN MILLER: Mr. Dingfelder?
10:14:50 >>JOHN DINGFELDER: Yeah, I think this is a great
10:14:53ng in this process.
10:14:55 And I think it's really important that this council as
10:15:02y in the last year or so have been perceived as being
10:15:05 historic preservation.
10:15:07 And whether or not that's rightfully or wrongfully
10:15:11, I don't want to speak to.
10:15:13 But I think I would be very safe in saying that we are
10:15:19inst historic preservation, that we want historic
10:15:23ation, we think it's valuable for this community, and we
10:15:28't throw out the baby with the bath water.
10:15:30 And this is a great way to resolve some of these
10:15:33 If we can fix the historic preservation process, then
10:15:35here won't be so much pressure on this council to turn
10:15:39k on the historic preservation vote by vote.
10:15:44 So this is a good beginning.
10:15:46 And I think we should start implementing these things
10:15:48 as possible.
10:15:51 >>SHAWN HARRISON: I think that Ms. Peck does have some
10:15:55eas, and I think she did very well in summarizing what
10:16:02 But I think that we have to fight the urge of creating
10:16:08reaucracy to try to solve the bureaucracy problem that
10:16:13 And that's what it is.
10:16:16 And Mr. Dingfelder is right, trees there's not one of
10:16:18 is opposed to historic preservation that wants to see
10:16:22c assets in this city go away we don't.
10:16:25 But what we are hearing time and time and tame again
10:16:29 you have got to fix it so that those property owners
10:16:35nt to be a part of it.
10:16:37 And so I don't think that adding additional steps --
10:16:42e of the things she's saying is taking steps away -- but
10:16:46 some of it is also saying you need to add a few more
10:16:49o clarify what everything is.
10:16:51 So I don't think that that's the solution.
10:16:54 We are all looking forward to what you are going to
10:16:57ck with, Cindy.
10:17:02 >>> And what I hope to be back before you will be
10:17:05ng that will be more of a simplification and improvement
10:17:07process, improvements that most of these -- maybe a
10:17:10of items can go to consent agenda, things of that nature.
10:17:13 Some of the steps, you're right, it looks like more
10:17:16 But I think some of it where we are talking about some
10:17:18mailings and such, again we can put it on the web site,
10:17:21have something in community news letters, it should be
10:17:24mple improvements to the process.
10:17:26 I am the last person who wants to build any more
10:17:28racy into our system.
10:17:29 >>SHAWN HARRISON: One common thread that I heard when
10:17:32d to people about it is if there is a way for some sort
10:17:36t-step review by a professional staff member -- and maybe
10:17:43ans we'll have to hire an additional person -- we can
10:17:47 But that person sort of gets it into a package format,
10:17:51y have had communication and dialogue where they say,
10:17:54lmost like a hearing master situation.
10:17:57 And then the A.R.C. or the BLC, they are sort of
10:18:05 in a review capacity of what's happened before them.
10:18:08 And that gives everyone a sense of we have worked on
10:18:15these issues before.
10:18:18 You are not stuck with who shows up at the hearing
10:18:20rticular evening as to what the direction will be.
10:18:26 >>> And along with very clear guidelines and standards
10:18:29e very transparent that are agreed upon by the community,
10:18:31 as the City Council, I think is the way to address it.
10:18:37 >>ROSE FERLITA: Cindy, I as well look forward to what
10:18:39e back with recommendations and in terms of Ms. Peck some
10:18:44 maybe I don't agree with and some I do.
10:18:47 But, you know, not to give away identities, because I
10:18:50robably get killed for it, but a very good friend of mine
10:18:53 been involved strongly in preservation particularly in
10:18:57e Park area, been involved in that longer than I have
10:19:00 council since 1999, and everybody continues to come back
10:19:04same boundary, that the person who is so protective of
10:19:09ation as he or should be, and the person with a property
10:19:13ome back to the process as too onerous, and I think
10:19:17our first obligation.
10:19:19 Because everybody wants the same thing but for
10:19:22 But the process we have in place is too strong in some
10:19:24not strong enough in other cases depending on where you
10:19:27terms of position.
10:19:29 So when just need to work on that, and what you are
10:19:33o bring back is long overdo and both sides agree, the
10:19:36 is too onerous.
10:19:38 Instead of looking at the process, to follow people
10:19:41n't want to GOP through that tedious procedure.
10:19:47 That's not accomplishing anything for yourself.
10:19:50 Look forward to your review on this issue.
10:19:56 >>MARY ALVAREZ: And the key word is fair.
10:19:59 >>GWEN MILLER: Now we go to item 74 and 75.
10:20:03 And 5.
10:20:04 (Motion Carried).
10:20:05 >>MARTIN SHELBY: If we can swear in the witnesses on
10:20:22 >>CHAIRMAN: Anyone in the audience who wants to
10:20:24 on 74 and 75, please stand and raise your right hand.
10:20:29 (Oath administered by Clerk).
10:20:32 >>MARTIN SHELBY: Council, just at this time, relative
10:20:34of today's hearings, I would ask that all written
10:20:36cation which have been available for public inspection in
10:20:39y Council's office be received and filed into the record
10:20:43 Other items -- are there items, madam clerk?
10:20:57 >> Move to receive and file.
10:20:58 >> Second.
10:20:59 (Motion carried).
10:20:59 >>MARTIN SHELBY: Also to disclose any ex parte
10:21:04 And reaffirm for the record, ladies and gentlemen,
10:21:08u state your name that you have been sworn.
10:21:09 >>CATHERINE COYLE: Land development, I have been
10:21:12 Petition WZ-06-118.
10:21:22 BJ's wholesale club at the apex of I-75 and Bruce B.
10:21:26 If you will note on the Elmo,
10:21:30 This is the survey, Bruce B. Downs is her to the north,
10:21:33t the apex.
10:21:35 Council rezoned this approximately two years ago.
10:21:40 To allow an additional driveway under Bruce B. Downs
10:21:46 Being built currently towards the rear of the property
10:21:48large parking lot in the front.
10:21:51 This is a wholesale resale shopping center classified
10:21:54he rezoning classifications.
10:21:56 It is 114,000 square feet approximately.
10:21:58 They are requesting a 3 PS wet zoning for the separate
10:22:04 Staff had no objections.
10:22:05 3 PS is for package sale, beer, wine and liquor.
10:22:10 We did forward to the Tampa Police Department for
10:22:12 >>GWEN MILLER: Officer Miller?
10:22:15 >>> Officer Miller, City of Tampa police department, I
10:22:17 We have in objection to this petition.
10:22:21 Now you may come.
10:22:26 >>> The law firm of Terminell and, coral gauges,
10:22:35 The threat of the storm switched my travel plans and
10:22:38why I have to leave early.
10:22:40 >>ROSE FERLITA: Excuse me, before you start, so it
10:22:43ome back on you, I don't know if you were sworn.
10:22:46 I don't believe you were.
10:22:47 >>> I did.
10:22:48 >> You didn't raise your hand but those fine.
10:22:49 >>> I did.
10:22:53 I did.
10:22:56 I do represent BJs in the State of Florida.
10:22:58 And adopt and reaffirm the zoning administrator's
10:23:04 of our application.
10:23:06 BJs is new to the Tampa area.
10:23:08 We are opening two here in the next month or so.
10:23:12 One in unincorporated Hillsborough.
10:23:16 We are excited about being here in this area.
10:23:18 We have about 25 venues in the State of Florida.
10:23:21 And I think you will find that BJs is a very good
10:23:24r to have.
10:23:25 And we are just excited to be here.
10:23:29 Thank you very much.
10:23:29 If you have any questions.
10:23:32 >>SHAWN HARRISON: I just wanted to say, I did have an
10:23:34ies communication with the manager of the Tampa Palms,
10:23:40d she wasn't aware of any opposition and didn't think
10:23:42as a problem with it.
10:23:44 >>> We are unaware of any opposition, also.
10:23:48 We monitored it very closely and we are ready to go.
10:23:51 >>GWEN MILLER: Is there anyone in the public that
10:23:52o speak on item 74?
10:23:55 >> Move to close.
10:23:55 >> Second.
10:23:55 (Motion carried).
10:23:56 >>ROSE FERLITA: Are we doing both 74 and 75?
10:24:13 >> One is the big store, one is the big store.
10:24:18 Mass quantities like Sam's.
10:24:22 >>> One is a 3 PS for the liquor store portion at
10:24:25 the other is 2(APS) for bore and wine in the main
10:24:31 >>SHAWN HARRISON: Move an ordinance making lawful the
10:24:33 beverages regardless of alcohol content beer, wine and
10:24:353 PS in sealed containers for consumption off premises
10:24:39 or from that certain lot, plot or tract of land located
10:24:42 commerce palms drive, Tampa, Florida, as more
10:24:46larly described in section 2 hereof, wavering certain
10:24:48tions as to distance based upon certain findings,
10:24:51ng for repeal of all ordinances in conflict, providing an
10:24:55 >>GWEN MILLER: I have a motion and second.
10:24:56 (Motion carried).
10:24:57 >>GWEN MILLER: Number 65.
10:25:09 >> 75.
10:25:09 >>CATHERINE COYLE: Land development.
10:25:12 I have been sworn.
10:25:12 The 2(APS) for the main portion of the BJs wholesale
10:25:16ame location at the apex of I-75 and Bruce B. Downs.
10:25:19 Staff has in objections.
10:25:20 >>GWEN MILLER: Officer Miller?
10:25:22 >>> Officer Miller, City of Tampa police department.
10:25:24 We have no objection.
10:25:25 >>GWEN MILLER: Petitioner?
10:25:29 >>> Again, nothing but just reaffirm and readopt my
10:25:33 >>GWEN MILLER: Is there anyone in the public that
10:25:35o speak on number 75?
10:25:38 >>JOHN DINGFELDER: Move to close.
10:25:39 >> Second.
10:25:39 (Motion carried).
10:25:39 >>MARY ALVAREZ: Move an ordinance making lawful the
10:25:46 beverages regardless of alcohol of more than 1% by
10:25:49and not more than 14% by weight and Waynes regardless of
10:25:53ic content, beer and wine, 2(APS) in sealed containers,
10:25:57tion off premises only at or from that certain lot, plot
10:26:00t of land located at 6290 commerce palms drive, Tampa,
10:26:06 as more particularly described in section 2 hereof,
10:26:08 certain restrictions as to distance based upon certain
10:26:11s, providing for repeal of all ordinances in conflict,
10:26:15ng an effective date.
10:26:16 >>GWEN MILLER: I have a motion and second.
10:26:18 (Motion carried).
10:26:18 >>GWEN MILLER: Now we go back to item number 6.
10:26:26 >> Legal department, I thought Mr. Smith was going to
10:26:28g this but I guess I am.
10:26:35 We have looked into some of the items for the street
10:26:38d one of the things I calm up with the tax increment
10:26:41ng, the streetcar does an impact on five of your nine
10:26:47he two downtowns, the two Ybors and the Channel
10:26:51 I think when you get your budgets for those CRAs in
10:26:54t few weeks you will notice that the street car is
10:26:57d in those budgets.
10:26:58 So that is an area that we have looked at and found
10:27:01 can probably legally put in the there.
10:27:03 We are log at how far we can go and what we can spend
10:27:08 The capital projects are clearly things that we can do
10:27:11are exploring other options that there may be other areas
10:27:14 can use the money for as well for the street car.
10:27:17 >>MARY ALVAREZ: That's exactly what I was going to ask
10:27:20. Territo, what else can we use it for?
10:27:23 Because capital projects are only going to be the
10:27:25car extension or something.
10:27:27 >> And it's not clear, the statute is not clear on it.
10:27:30 plan is not clear on it.
10:27:31 So we are still trying to explore with some other
10:27:34to do this kind of work as well as we to find out if they
10:27:42s way at other CRAs in the state.
10:27:45 >> If you need to go to Portland, let me know.
10:27:47 [ Laughter ]
10:27:51 >>LINDA SAUL-SENA: I wasn't the maker of the motion
10:27:52on't remember the exact wording.
10:27:54 But I think that this is great to look at directing
10:27:58 the CRA money to the streetcar, which is obviously an
10:28:01c development tool for the redevelopment of these areas.
10:28:04 But I'm also interested in the administration looking
10:28:08 we can do as part of our transportation requirement in
10:28:16g to put money towards transit.
10:28:19 I remember discussing this.
10:28:21 I don't remember if that was the intent of this
10:28:25 But it's something that we discussed at council, as we
10:28:29 rezonings in areas where the roads can't be widened and
10:28:33 huge transportation needs, we have looked at setting up
10:28:36nd of trust fund to help pay for transit service,
10:28:43larly in our urban core.
10:28:44 So this isn't as much a question for you, Mr. Territo,
10:28:48legal staff of zoning and money for transportation.
10:28:53 But it's something that I would like to see restored.
10:28:56 And it's a complicated question, I know.
10:29:00 And I don't expect an answer in 30 days.
10:29:02 But I would like to request that that question be
10:29:06d, that the legal department and transportation
10:29:09ent that do zoning and transportation costs come back to
10:29:12 in, let's say, 60 days with an idea of whether this is
10:29:17ng that we council at the administration can do as part
10:29:22applications for rezoning and redevelopment.
10:29:30 >>MARY ALVAREZ: I was just going to ask Mrs. Saul-Sena
10:29:32are talking about TIF funds.
10:29:34 >>LINDA SAUL-SENA: No, the TIF funds I get and that's
10:29:38 This is something separate.
10:29:39 The way that this is worded, it's not very clear.
10:29:44 I wasn't sure whether our motion was just about TIF or
10:29:48 it's about transportation fees in general.
10:29:53 And I think these something we need to discuss.
10:29:55 >>JOHN DINGFELDER: As the maker of this motion a long
10:29:57o, I think it was a little bit broader.
10:30:00 And I'm not faulting you; Sal.
10:30:02 You have done your part in evaluating the TIF aspect
10:30:06 But I think if Ms. Saul-Sena wants to explore some
10:30:09ptions, I think we can continue and ask for additional
10:30:14 I wanted to speak to the TIF issue because I think it
10:30:19 Going back X number of years, when the city partnered
10:30:24 Hartline and the volunteers who put together the board
10:30:32y got on the headquarter for any deficits.
10:30:37 We can argue whether or not that was a good idea or
10:30:39a but the bottom line is that's what it is today.
10:30:46 That's what the contracts read.
10:30:47 And I'll ask you if that's your interpretation, Sal.
10:30:51 >>SAL TERRITO: I'm not familiar.
10:30:52 I don't know.
10:30:54 >>JOHN DINGFELDER: Those what's been stated by me --
10:30:56y several other attorneys.
10:30:58 So he would start off with the fact that the city and
10:31:03ingle taxpayer, whether or not they live in New Tampa or
10:31:05 Tampa, or somewhere in between, every single taxpayer is
10:31:10ically on the hook for any deficit that the street car
10:31:14 Now the first couple of years streetcar operation,
10:31:18 And we get reports from the streetcar on that.
10:31:21 I don't think it's anybody's fault.
10:31:23 I think actually they were somewhat anticipated, as
10:31:27ership grew and that sort of thing.
10:31:30 But until the ridership got to a certain point and the
10:31:32ship got to a certain point there would be some deficit.
10:31:35 With that said, that's to be made up.
10:31:38 And this is what brings us to the CRAs, the
10:31:43ty redevelopment agencies, including the Ybor,
10:31:46side, and downtown.
10:31:48 I think because that's where the street car runs, it
10:31:52om Ybor City through Channelside into downtown, what did
10:31:57, through five or six different CRAs, that it's 100%
10:32:01iate for us to use the tax increment financing, the TIF
10:32:06from those CRAs to fund the deficit, or at least to
10:32:11funding the deficit for the streetcar.
10:32:14 It's much more appropriate for those TIFs in those
10:32:17pecific small regions to fund it than it would be to ask
10:32:21rison's constituents up in New Tampa or my constituents
10:32:26 Tampa, Kevin's constituents way out on the edge, and
10:32:35d Linda's constituents.
10:32:37 You get my point.
10:32:38 But the only thing I would ask from legal is, if the
10:32:42 is silent about this interpretation, that I think we
10:32:47 ahead and do it.
10:32:48 And use our best abilities to liberally interpret
10:32:51 Now I am never going to ask you and David Smith to
10:32:56om your best legal judgment but if the statute is silent
10:33:00re's no case law, I don't believe we need to go over and
10:33:04he fact, no, we can't use this for operating expenses.
10:33:06 I think if there's a possibility to let them use it
10:33:09rating expenses then we go ahead and do it and if it gets
10:33:11ged and that sort of thing, now what?
10:33:14 They are operating at their own risk and probably have
10:33:16 back the money and maybe we send them a letter to that
10:33:20 Put them on notice.
10:33:21 We are giving you this money but you are going to be
10:33:23ce if it gets challenged and reversed or if there's a
10:33:26ase that comes down to the contrary, then you might have
10:33:29 it back.
10:33:30 But I just think that it's important that in this
10:33:35lar situation that the legal department just jump on the
10:33:40so to speak, and get behind this effort to use the TIF
10:33:45 I apologize for the long-winded answer but I think
10:33:47ally important, and it sets a good precedent for the TIFs
10:33:51 in and fund this.
10:33:56 >>MARY ALVAREZ: Mr. Dingfelder, you have got your
10:33:58n the right place, and I agree with you, and I applaud
10:34:01 coming up.
10:34:02 The problem is that there's a tri-party agreement to
10:34:05The streetcar board, Hartline, and the City of Tampa.
10:34:10 And at the time that this tri-party agreement was
10:34:16 up or done, which was in the agreement itself, was that
10:34:20n't expecting that we were going to be using our
10:34:23nt funds to provide for the operating expenses.
10:34:29 Mr. Territo has to low at this because the CRA
10:34:32- not the CRA plans -- yeah, the CRA plans does not allow
10:34:38e -- allow the moneys to be the TIF moneys to be used for
10:34:45 It may be silent on one but he needs to check that
10:34:48 And if he can't, thank God because we really need
10:34:54 Streetcar is doing a great job.
10:34:55 It's -- in practically every tourist magazine you see.
10:35:02 It's greater Tampa Chamber of Commerce, the CBD board,
10:35:05e all promoting this.
10:35:06 We are trying to do this.
10:35:09 And I agree with you it's not fair that we allow now
10:35:12West Tampa or anybody else to do it.
10:35:14 And, by God, if we can find somebody that will help
10:35:17, let's do it.
10:35:19 And I really applaud you for bringing that up.
10:35:22 But at this point right now, the only thing that they
10:35:24 this for is capital projects, which is a shame.
10:35:29 >>DAVID SMITH: City attorney.
10:35:31 I wouldn't want to elaborate on what Mrs. Alvarez
10:35:34ut I understand the objective we are seeking to
10:35:38ish here, and that is to obtain as much funding from the
10:35:42at we can legally obtain for this purpose that in fact
10:35:47 There's also an overlay here that's going to be very
10:35:50nt, part of which you are going to be doing in the next
10:35:52ear and a half, when we start dealing with, how do we
10:35:55 to the downtown traffic issues?
10:35:59 There's not an opportunity to add lane models.
10:36:04 We are going to have to low at mass transit and other
10:36:06 moving people.
10:36:07 The street car is a vehicle that currently exists.
10:36:09 There may be ways to provide funding in terms of mass
10:36:12 contribution, in lieu of lane miles, et.
10:36:17 We are log at all these issues, with the new growth
10:36:21 We have got to approach this in a global way.
10:36:23 So I think the problem is well stated.
10:36:27 I think it's shared by the administration.
10:36:29 I have been involved in several discussions in log at
10:36:31eative ways to address that issue.
10:36:34 So this will be part of your ongoing agenda for the
10:36:37obably year, year and a half, as we have got to address
10:36:43 >>LINDA SAUL-SENA: Mr. Smith, will 60 days that I
10:36:46ike to give you to come back to us with something, will
10:36:50ve you adequate time?
10:36:53 >>DAVID SMITH: Probably not for a complete solution
10:36:54might be good to continue the dialogue maybe in 60 days.
10:36:57 You will have the Gandy study.
10:36:59 You will have more input with respect to
10:37:02 We have some dates that I think are operative at the
10:37:04the year with respect to transportation.
10:37:06 And it helps to start that dialogue early so we can
10:37:09t your insight and make sure we are moving in the
10:37:13ons that you are going to support.
10:37:15 And understand the significance that will go with it.
10:37:21 >>SHAWN HARRISON: Is there any possibility of using
10:37:24 tax dollars to help with the operation?
10:37:32 >>LINDA SAUL-SENA: I love that question.
10:37:33 >>DAVID SMITH: It's an excellent question.
10:37:34 Part of the problem with the tourist tax dollars is
10:37:39hanism for their expenditure, set in chapter 125.
10:37:45 The body which largely controls that process under 125
10:37:50ave to somehow concur in the need to consider this a
10:37:57 for the entire community and allocation of funds in that
10:38:01 I know it's a very vague answer.
10:38:03 Short answer, that is among the options being
10:38:06 We'll have to deal with others to get their
10:38:08tion if we are going to use those kinds of revenue
10:38:11 >>SHAWN HARRISON: Well, okay.
10:38:14 The same thing happens when you are talking about
10:38:16e, which is the Hartline board is made up of folks that
10:38:19nt the unincorporated county.
10:38:21 They see no benefit of the street car to their
10:38:25uents, and there is none.
10:38:26 It is primarily used by tourists now.
10:38:28 And so it would seem to me like that's a place that we
10:38:32o really consider, it will not truly be a transit mode
10:38:38t moves farther into the downtown area.
10:38:41 And once it moves into the little Whiting Street
10:38:45on we have all heard so much about, I do think that it
10:38:48come a different animal than it is today.
10:38:52 And I think -- and I've said this -- there is federal
10:38:56aiting, just waiting for somebody to ask for, to make
10:39:04 And no one is asking.
10:39:05 And I don't know if Hartline is the right word, or
10:39:10ar board, or if it's the city, but somebody needs to
10:39:16 And I wrestle with that in my role as MPO chair all
10:39:22e, we can do this.
10:39:24 It's very simple to do.
10:39:25 It's just a political decision to be made.
10:39:27 >>DAVID SMITH: The logic is compelling, perhaps in the
10:39:30ture we'll have a more extensive years on the body and it
10:39:34 responsive to city's and county's interaction.
10:39:41 >>SHAWN HARRISON: And we also need to recognize that
10:39:44 City of Tampa project.
10:39:48 Downtown City of Tampa project.
10:39:49 And those are the folks that ought to be asked to step
10:39:53make sure it's successful.
10:39:54 >> and it needs to be part of an intermodal solution.
10:40:01 But you're correct, right-of-way now, it appears to be
10:40:06 >>MARY ALVAREZ: If I could use that as a promotional
10:40:09 streetcar, we have about five stations that we have and
10:40:13hree or four cars that we could use naming rights for so
10:40:18e's anybody in the corporate world that wants to help out
10:40:21eetcar, we have some station stops that we could use.
10:40:25 And that's my advertisement for the day.
10:40:30 >>LINDA SAUL-SENA: My motion was to have legal
10:40:32ent come back to us in 60 days to further address number
10:40:38 >>ROSE FERLITA: I think we all wanted to make
10:40:42 Trying to be very creative in what we can and can't
10:40:45e, when you look at this, and hopefully the challenge
10:40:48 as compelling as some of the conversations today.
10:40:52 Way, way back, I think in 1999 or 2000 when I was CRA
10:40:56n, that was the rule and that was it and there was no,
10:41:00w, diverting from that.
10:41:03 TIF dollars were simply to be used for capital
10:41:05ments and capital issues.
10:41:07 Then we looked at different ways, depending on what
10:41:09unicipalities did like Orlando.
10:41:11 And Linda, you and I had some extensive conversation
10:41:14 The fact that there was a way to craft using TIF
10:41:19 for marketing and when followed suit in terms of Ybor.
10:41:22 So I think hopefully when you look at it, there might
10:41:26 to do things that perhaps we. Done with those dollars
10:41:30ll be beneficial at the end.
10:41:33 So again, that I'll look forward to, your ideas when
10:41:38e back with whatever amount of time we need to provide
10:41:46 >>GWEN MILLER: We have a motion and second on the
10:41:48 (Motion carried).
10:41:49 >>JOHN DINGFELDER: I just wanted to respond quickly to
10:41:51rison, in regard to the extension, the Brorein, Whiting
10:41:58 As the representative from council, I just wanted to
10:42:02that we did award a $3, 000,000 contract to a consultant
10:42:11 that's the first step.
10:42:12 You have to evaluate what the project is, and where
10:42:14te would go, and what the estimated costs are, and what
10:42:18ediments are physically and that sort of thing.
10:42:20 So Hartline as of about a month or two ago, I think it
10:42:24ave been last month, we did award a $300,000 contract to
10:42:27 consultant, to evaluate the extension.
10:42:31 And that's the first step. The next step would be the
10:42:36tever that stands for, and then we go from there.
10:42:41 So we are not in stone on this issue.
10:42:44 >>MARY ALVAREZ: And the other issue that the
10:42:46ar, the streetcar and the Hartline board has to wrestle
10:42:51s the CSX crossing.
10:42:54 That crossing that we have just one crossing on Adamo
10:42:59and -- Adamo drive, Channelside Drive, it's a bear.
10:43:07 >> And that's what creates the deficit.
10:43:09 >> Because we are spending $369,000 a year for
10:43:15ce for that crossing, which is, I think, it's way out of
10:43:20 And we can't get CSX to the table to talk about this.
10:43:26 So we need to talk in that arena, too.
10:43:33 And if we can talk to our lobbyist in Tallahassee,
10:43:36hey can help out.
10:43:38 But CSX has been the real problem all these years, or
10:43:41 would have had something.
10:43:45 >>GWEN MILLER: Now we go to item 7.
10:43:56 >>MARTIN SHELBY: I believe there was a written report
10:43:58d to council on item number 7.
10:44:02 >>LINDA SAUL-SENA: I reviewed the types of the meeting
10:44:04his came up. This is the convenience store on the corner
10:44:07evard and Kennedy.
10:44:08 I want to thank my colleagues for raising this as a
10:44:12 I have felt intimidated like some of you all, in even
10:44:15 in there.
10:44:16 And I am not an easily intimidated person.
10:44:20 >> You walk in there?
10:44:21 >> Sometimes you really need a bottle of water.
10:44:23 And I read the report from code enforcement that there
10:44:27infractions, and I find it hard to believe.
10:44:31 But at least I'm glad we asked for the report.
10:44:33 And I'm going to check it out this afternoon and see
10:44:36ink it's really credible.
10:44:39 Thank you.
10:44:39 >>GWEN MILLER: We go to item number 8.
10:44:41 Mr. Shelby.
10:44:41 >>MARTIN SHELBY: Item 8 is being placed on the agenda
10:44:45t to rule 4-C of the council's rules of procedure in that
10:44:48ere no -- not four votes in support or opposition for
10:45:00 to take official action.
10:45:01 The public hearing is closed.
10:45:02 And I believe the record has been reviewed by council
10:45:08elieve council is prepared to vote.
10:45:14 >>LINDA SAUL-SENA: I just wanted to say that I
10:45:17d the tapes of this, and it's frustrating watching on TV
10:45:20 being able to speak with other council members.
10:45:23 So I'm glad to vote on it today.
10:45:29 >>JOHN DINGFELDER: Just a point of order.
10:45:32 >>THE CLERK: The motion was made at the public hearing
10:45:33t was closed was council deny said petition based on
10:45:37nt and substantial evidence, since this has been lack of
10:45:43 of good cause by the petitioner, motion was not adopted
10:45:46rlita and white voting no, Miller being absent at vote,
10:45:49na being absent.
10:45:52 >>MARTIN SHELBY: Then the motion on the floor is to
10:45:55 And a vote of Aye would be a vote in support of
10:46:00 if you are against denial then you vote Nay.
10:46:03 >>JOHN DINGFELDER: The other question I have as a
10:46:05f order is -- and I don't want to control this -- but is
10:46:09ny limitation on what Mr. Grandoff might be saying at
10:46:12int if the public hearing is closed?
10:46:14 >>MARTIN SHELBY: If he's raising a procedural issue,
10:46:16suspect that would be appropriate, if he wishes to
10:46:19 council, then he would ask council to ask council to
10:46:24r opening the public hearing and that would have to be by
10:46:29 >>JOHN GRANDOFF: If I can explain why I am here.
10:46:32 I'm hired last week.
10:46:33 The application before you was voted on two weeks ago.
10:46:36 I was hired last week by the owner and their agent
10:46:38eal estate services, to ask your courtesy, if possible,
10:46:44rring this for another month.
10:46:46 They are now in negotiations of a lease to bring a new
10:46:50into this property.
10:46:52 I'm not offering evidence.
10:46:53 I know the public hearing is closed.
10:46:55 But they would like to have this extension granted
10:47:00ebruary, when I learn from my client two weeks ago that
10:47:05as no evidence put in the record, and freely admits that.
10:47:10 >>ROSE FERLITA: I would like to ask a question of
10:47:12having an explanation from legal.
10:47:16 It's manipulate understanding, was this not an
10:47:19on of the wet zoning, so that it wouldn't dry out?
10:47:22 >>REBECCA KERT: Legal department.
10:47:26 That is correct.
10:47:28 >>ROSE FERLITA: So if we approved a continuance, then
10:47:32tension dies, and so it's dried up anyway.
10:47:36 Can we do what he's asking?
10:47:38 I'm not saying we are going to.
10:47:39 >>REBECCA KERT: If you continued this for a month, the
10:47:43 it's in right now, they have applied to -- applied to
10:47:47e wet zoning continue.
10:47:52 As soon as that application is filed, then they are
10:47:55 to stay open until a final vote is taken by City
10:47:58 So they would still stay wet zoned, if you granted
10:48:01e-month continuance, until you made your final decision.
10:48:05 >>ROSE FERLITA: Just for my own information so I
10:48:07and the process better, I thought there was just a
10:48:10 amount of time that we could, as a council, approve the
10:48:13on of the wet zoning without absolutely having it be
10:48:16and with liquor being sold.
10:48:18 But the actual month of continuance won't effect that?
10:48:21 Because I thought at some point, it just dries up and
10:48:24ve to come in with a now application.
10:48:26 >>REBECCA KERT: once they file an application to
10:48:30r continuing the wet zoning so that holds the time.
10:48:33 >>ROSE FERLITA: That's what I didn't understand.
10:48:35 >>JOHN DINGFELDER: Just another point of order.
10:48:38 As much as I respect Mr. Grandoff, and I respect his
10:48:41, I don't, from our rules perspective, I don't know that
10:48:45 a choice.
10:48:46 Our rules say that we are at a procedural posture
10:48:48ow today to continue this vote, you know, based upon the
10:48:53at there was not four votes to carry the motion that I
10:48:58 So unless we expressly waive the rules, I don't know,
10:49:03help us out on that.
10:49:05 But I don't think we can just arbitrarily continue it
10:49:10 we now have seven people sitting here, our rules say we
10:49:13 carry on with this vote.
10:49:14 >>MARTIN SHELBY: Let me read to you verbatim.
10:49:17 I hate to do this but it's important that we be clear
10:49:20 Under rule 4-C, when a matter which is the subject of
10:49:23da item is considered by the council, and four votes are
10:49:27ained either in support or in opposition to the matter,
10:49:30ter shall automatically be brought before the council at
10:49:35t regular council meeting as unfinished business.
10:49:40 It doesn't require just solely a vote.
10:49:43 It doesn't require anything in particular except to
10:49:47t that's what it speaks to, is brought to council, as
10:49:52's custom, the public hearing posture being already
10:49:56by motion, it is a closed public hearing.
10:49:59 There is a motion on the floor.
10:50:01 So what could be done now would have to be consistent
10:50:06is hearing being closed, as it had taken place two weeks
10:50:11h the motion on the floor.
10:50:12 As such, a motion to reopen the public hearing is in
10:50:15or a motion to continue would be in order.
10:50:17 >>SHAWN HARRISON:
10:50:19 >>JOHN DINGFELDER: I thought a motion on the floor
10:50:21he question has already been called because we had a vote
10:50:23as to get voted on under Roberts rules.
10:50:27 >>LINDA SAUL-SENA: I could call the question and we
10:50:31 >>ROSE FERLITA: But just one scenario, Mr. Shelby.
10:50:35 If we voted on this, and the nos outweighed the
10:50:40then we could turn around and have a new motion to
10:50:44 Is that right?
10:50:45 Because some of the concern, some of the council
10:50:46 that were supporting the motion to deny were concerned
10:50:49 there wasn't a potential tenant.
10:50:55 >>SHAWN HARRISON: Well, now we all have to think
10:51:02what should we do?
10:51:03 (off microphone)
10:51:05 I think Ms. Saul-Sena is right, wave to vote it up or
10:51:08 If you are interested in what Mr. Grandoff said, then
10:51:10t need to vote against the motion to deny, if it comes
10:51:14d we go from there.
10:51:18 >> Call the question.
10:51:19 >>GWEN MILLER: We have a call for the question.
10:51:20 All in favor of denial, say Aye.
10:51:35 All in favor of denial raise your hand.
10:51:37 Those not in favor of denial raise your hand.
10:51:49 >>JOHN GRANDOFF: Thank you for your time.
10:51:51 I had to whet your beek a little bit.
10:51:53 I appreciate it.
10:51:55 >>ROSE FERLITA: What do we do now?
10:51:57 Do we have to go through the whole process again?
10:52:01 >>MARTIN SHELBY: There is no extension.
10:52:03 Our chapter 3 expert --
10:52:06 >>REBECCA KERT: Legal department, yes.
10:52:08 They would have to reapply.
10:52:10 >>ROSE FERLITA: Is there an amount of time they have
10:52:12 >>REBECCA KERT: Because it's up to -- no, there is not
10:52:18 It's right at the three months.
10:52:19 >>LINDA SAUL-SENA: I did watch this on TV.
10:52:22 And my vote was based on the fact that we in council
10:52:30lked about changing the character in Ybor.
10:52:32 And I hope that we will consider this in the future as
10:52:36 toward making Ybor an area of more diverse activity with
10:52:40ants and retail.
10:52:44 >>GWEN MILLER: Item number 9.
10:52:46 Mr. Shelby.
10:52:47 >>MARTIN SHELBY: This again is pursuant to rule 4-C.
10:52:54 Mr. Harrison just brought to your attention a
10:52:58 The petitioner, it's my understanding and
10:53:00ction, waives his right to make a presentation to allow
10:53:05e to accelerate, to move along, nonanticipating to be in
10:53:13 If he does address council relative to something he
10:53:15to put on the record I would suggest council give him
10:53:18portunity by allowing him to make a statement to council.
10:53:21 >>MARY ALVAREZ: Move to reopen.
10:53:23 >> Second.
10:53:23 >>GWEN MILLER: Motion and second to reopen.
10:53:25 (Motion carried).
10:53:26 Petitioner, anything you want to say?
10:53:30 >>> Steve Lutz.
10:53:31 I have not been sworn.
10:53:32 >>GWEN MILLER: Would you raise your right hand,
10:53:35 (Oath administered by Clerk) Steve Lutz planner on
10:53:45 This subject location, is one of the longest standing
10:53:50ants in the Tampa Bay area.
10:53:51 It's been there for approximately 22 years.
10:53:54 They have a 2(COP-R) which allows for beer and wine
10:53:58it's been that way for 20 years.
10:54:01 The issue regarding the waiver is that if you are
10:54:04r with the site, it's on the corner of Lois and
10:54:07rough Avenue, near Alexandria elementary school and in
10:54:13e is a standing objection from school board staff.
10:54:17 But I talked with Hooters.
10:54:19 They had a long standing relationship with that
10:54:22 They have been a good neighbor.
10:54:23 I checked the city police record regarding any
10:54:26nts over the last six months, this year.
10:54:29 There have been five.
10:54:30 One was at a water main break.
10:54:32 And four others were false burglar alarm system called
10:54:37 So even from a legal point of view there haven't been
10:54:41ues with this location.
10:54:42 It's a restaurant.
10:54:44 It's been a good neighbor.
10:54:45 And we also have Bob passwaters represented from the
10:54:50te office of Hooters here as well to answer any questions
10:54:53 a statement if you would like.
10:54:58 >>> Bob pass waters with Hooters restaurant.
10:55:01 I haven't been sworn in either.
10:55:05 (Oath administered by Clerk)
10:55:12 Basically, we have had this relationship with
10:55:16er for a number of years.
10:55:18 As a matter of fact that was our second Hooters
10:55:19 We opened in Clearwater in 1983.
10:55:21 And we have had a wings for the children program back
10:55:2495 we kicked that off where we raised funds for the
10:55:29on foundations in Hillsborough, Pinellas and pact.
10:55:32 And in those two or three years we held the kickoff
10:55:36t event at Alexander elementary where we have had some of
10:55:39s and the staff and had a press conference there.
10:55:41 So we have had a long standing great relationship with
10:55:45 And we have been a good community neighbor to them,
10:55:48appreciate the time to get in front of you here.
10:55:51 >>MARY ALVAREZ: I voted against it because I feel that
10:55:56OP) is enough for that area.
10:55:58 Not only are they next to the school, and the park,
10:56:03re is also a church across the street, which was failed
10:56:09entioned in the report.
10:56:11 I think a 4(COP-R) selling beer and wine is sufficient
10:56:19n't won't support it.
10:56:21 >>LINDA SAUL-SENA: Why do you want this?
10:56:25 >>> Well, basically the trends around the country --
10:56:27are doing this in a lot of different restaurants.
10:56:30 We just had a franchise meeting recently.
10:56:32 And there's been a move to add liquor to the Hooters
10:56:35ant chain, that we basically have had beer and wine for
10:56:40 But people's tastes and all that have changed.
10:56:42 And so they felt that maybe by adding liquor it would
10:56:46ore people into the restaurant and provide some more.
10:56:53 >>ROSE FERLITA: Madam Chairman, I want to briefly make
10:56:56 Typically, if there is that waiver that's required, I
10:56:59upport it and I think I've done that in many areas of the
10:57:03 However, the fact that Hooters has been there for such
10:57:05standing time, and has had a God relationship with the
10:57:09 I think it's a trend of the time.
10:57:13 Lots of people lick to drink Scotch instead of beer.
10:57:16 So, you know, I think you have established what you
10:57:21 And another thing that's very important and very
10:57:23 is I saw that you are applying for a 4(COP-R) so you
10:57:27ly count on having it be 51% food and I'm sure that's
10:57:32 So in this case, you have a proven record and I don't
10:57:35y problem supporting this.
10:57:36 >>GWEN MILLER: Is there anyone in the public that
10:57:39o speak on item number 9?
10:57:42 >> Move to close.
10:57:42 >> Second.
10:57:43 (Motion carried).
10:57:43 >>CHAIRMAN: What's the pleasure of council?
10:57:48 >>LINDA SAUL-SENA: I am going to support the position
10:57:50. Alvarez took last time against it.
10:57:53 I feel like the downtown Hooters is very appropriate,
10:57:56 not around schools, it's an urban setting.
10:57:59 This is a different situation.
10:58:01 And I won't be able to support this petition.
10:58:08 >>ROSE FERLITA: Move an ordinance repealing ordinance
10:58:118688-A making lawful the sale of beverages containing
10:58:15 regardless of alcoholic content beer, wine and liquor
10:58:18) for consumption on the premises only in connection with
10:58:21urant business establishment on that certain lot, plot or
10:58:24f land located at 4215 west Hillsborough Avenue, Tampa,
10:58:27, as more particularly described in section 3 hereof,
10:58:31 certain restrictions as to distance based upon certain
10:58:34s, providing for repeal of all ordinances in conflict,
10:58:37ng an effective date.
10:58:38 >>GWEN MILLER: I have a motion and second. All in
10:58:40f the motion say Aye.
10:58:41 Opposed, Nay.
10:58:41 >>THE CLERK: Saul-Sena, Alvarez, no.
10:58:46 >>GWEN MILLER: Mr. Shelby, number 10.
10:58:49 >>MARTIN SHELBY: With regard to number 10, I believe
10:58:52s a motion to approve.
10:58:54 Is that correct, madam clerk?
10:59:02 It did not receive four votes to effectuate action.
10:59:07 Ms. Kert is present at the lectern.
10:59:09 If council recalls, there was a discussion as to
10:59:13 the petitioner wishes to have a one-year conditional
10:59:18 Ms. Kert has some additional information with regard
10:59:20 >>REBECCA KERT: Legal department.
10:59:22 The petitioner is here.
10:59:28 >>KEVIN WHITE: Do we need to open it back up?
10:59:30 >>MARTIN SHELBY: It's a procedural matter.
10:59:31 It would probably be in the best interest.
10:59:33 If you wish to do that.
10:59:34 If you wish to hear what -- from a procedural
10:59:38int what council can do, and then you can chose whether
10:59:41 the motion or not.
10:59:43 >>REBECCA KERT: The applicant has indicated to me that
10:59:45d like to ask for the 2(COP) conditional.
10:59:47 I have prepared an ordinance for that, if council
10:59:49ike to do that.
10:59:50 You need to open up the public hearing.
10:59:54 >> So moved.
10:59:54 >> Second.
10:59:54 (Motion carried)
11:00:02 >>CHAIRMAN: Petitioner?
11:00:03 >>MARTIN SHELBY: Have you been sworn in yet?
11:00:06 >>GWEN MILLER: Raise your right hand.
11:00:07 (Oath administered by Clerk)
11:00:09 >>GWEN MILLER: Is there anyone in the public that
11:00:23o speak on item 10?
11:00:25 >>MARTIN SHELBY: If I can.
11:00:26 Sir, respecting your request for one-year conditional,
11:00:30ou address council with regard to that?
11:00:32 Do you have a request of council?
11:00:35 >>> I would like to request the one-year conditional
11:00:40e to you my good faith.
11:00:44 >>MARTIN SHELBY: Council, that would require a
11:00:48 >> Move to close.
11:00:49 >> Second.
11:00:49 (Motion carried).
11:00:50 >>GWEN MILLER: Do you have it, clerk?
11:00:53 Give to the Mr. White.
11:00:56 >>KEVIN WHITE: Move this substitute ordinance, an
11:00:58ce making lawful the conditional sale of beverages
11:01:01ing alcohol of more than is% by weight not more than 14%
11:01:04ht and Waynes regardless of alcoholic content beer and
11:01:08COP) for couples on premises and in sealed containers for
11:01:11 off premises at or from that certain lot, plot or tract
11:01:15 located at 410 South Howard Avenue, Tampa, Florida as
11:01:19rticularly described in section 2 hereof waiving certain
11:01:21tions as to distance based upon certain findings,
11:01:24g certain conditions, providing for repeal of all
11:01:27ces in conflict, providing an effective date.
11:01:29 >>GWEN MILLER: I have a motion and second.
11:01:31 (Motion carried).
11:01:31 >>ROSE FERLITA: I want to put this on the record.
11:01:35 I wish the petitioner well.
11:01:37 But my concern again is imposing more issues on the
11:01:40Soho area, the fact that the petitioner is not submitting
11:01:46request concerns me.
11:01:48 I know that he talked about that giving the people the
11:01:51nity to take the remainder of the bottle of wine with
11:01:56 Are they going to drink it outside or drink it a home
11:01:59rticularly parties in a restaurant will probably finish
11:02:02 a bottle of wine.
11:02:03 So the "R," I think is a problem for me in terms of
11:02:08 I won't support it for that reason.
11:02:12 >>LINDA SAUL-SENA: I just wanted to say that I have
11:02:14here before and the food is really good.
11:02:16 And I think that in terms of neighborhood impact, that
11:02:18wd across the street has a much greater impact because of
11:02:24le of the crowd.
11:02:27 And --
11:02:28 >>ROSE FERLITA: Not that I don't -- that is a worse
11:02:32but we are talking about this one so I agree with you at
11:02:35n part, Mrs. Saul-Sena.
11:02:36 >>GWEN MILLER: Is there anyone in the public that
11:02:38- would like to ask for reconsideration?
11:02:44 Is there anybody in the public that would hike to
11:02:47o any item on the agenda not set for public hearing?
11:02:49 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.
11:02:58 I would like to give you my thoughts, I think on item
11:03:01 you are talking about site plans and maybe give you some
11:03:03 And I'll be glad to work with the zoning afterwards.
11:03:06 But one thing I'm not seeing, it's hard to legislate
11:03:12y and you are asking for courtesy and it's very hard to
11:03:15r arms around that.
11:03:16 But I think in the process, when we file rezonings for
11:03:19may be good to put on the application that petitioners
11:03:24ouraged to send a site plan to the neighborhood.
11:03:26 So there is one time.
11:03:28 We filed 20 site plans.
11:03:31 So they are available for -- I think the staff ought
11:03:35 them away to the public or to the neighborhood
11:03:38tion without charging them for copying or maybe increase
11:03:40ing to 25 site plans.
11:03:45 Make sure there are plenty.
11:03:46 We sent a 20 day letter with my firm when I am
11:03:51 If they contact petitioner we could also amend that
11:03:53letter to say if you are interested in severing a site
11:03:55ease call the undersigned and they will provide it to you
11:03:59 So there's a third time that you can provide a
11:04:02 And then on the 13th day before the hearing, the
11:04:06e for filing revised site plans, and typically you file
11:04:09 plans, or you could bump that up to maybe 20.
11:04:13 And then again you could put in the notice letter on
11:04:16h day the site plan is filed, you're encouraged to go
11:04:19ng department and pick up a copy.
11:04:22 As a matter of course I always send a copy on that
11:04:25y to any neighborhood association who contacted me
11:04:28y are on board.
11:04:29 The difficulty is when the neighborhood association
11:04:31er shown up, and then they show up at the evening of the
11:04:36 and everyone is caught off guard.
11:04:38 I think you can put some statements in the
11:04:40tions or in the official notice with phone numbers, and
11:04:44d take without having to amend the code and creating some
11:04:46 for somebody that's not very familiar with it.
11:04:49 And I'll be glad to help out later on.
11:04:53 >>GWEN MILLER: those sore good suggestions.
11:04:55 I appreciate that.
11:04:56 Would anyone else like to speak?
11:04:57 We go to our committee reports.
11:04:59 Public safety, Mrs. Rose Ferlita.
11:05:02 >>ROSE FERLITA: Move 11 and 12, please.
11:05:05 (Motion carried).
11:05:06 >>GWEN MILLER: Parks and recreation, Mary Alvarez.
11:05:17 >>MARY ALVAREZ: Move 13 through 29.
11:05:21 (Motion carried).
11:05:22 >>GWEN MILLER: Public works, Mr. John Dingfelder is
11:05:25 Rose Ferlita, vice chair.
11:05:26 >>ROSE FERLITA: I would like to move items 30, 31 and
11:05:31 >> Second.
11:05:31 (Motion carried).
11:05:33 >>GWEN MILLER: Finance Committee, Mr. Kevin White.
11:05:35 >>KEVIN WHITE: Move 33 through 38.
11:05:38 >> Second.
11:05:39 (Motion carried).
11:05:39 >>GWEN MILLER: Building and zoning, Mr. Shawn
11:05:46n, vice chair.
11:05:52 >>ROSE FERLITA: Saul-Sena is here, Shawn.
11:05:56 >>SHAWN HARRISON: I didn't keep track of all of those
11:05:59 >>LINDA SAUL-SENA: Thank you.
11:06:00 I'm sorry.
11:06:04 >>ROSE FERLITA: Is 44 the only issue?
11:06:13 >> 42 was --
11:06:15 >>MARTIN SHELBY: If we can just for the sake of
11:06:18, if we can have number 42 held so we can handle the
11:06:22ances of 56 and 70.
11:06:24 That will make things easier to keep them all
11:06:27 >>LINDA SAUL-SENA: I'll try.
11:06:29 I would like to move resolutions 39 through 41.
11:06:33 >> Second.
11:06:34 >>LINDA SAUL-SENA: 43, 45, through 52.
11:06:43 >> Second.
11:06:43 (Motion carried).
11:06:44 >>GWEN MILLER: Now number -- go back to 44, withdrawn.
11:06:48 Make a motion to withdraw 44.
11:06:55 >>LINDA SAUL-SENA: I move that number 44 be withdrawn.
11:06:58 >> Second.
11:06:59 (Motion carried).
11:06:59 >>LINDA SAUL-SENA: Oh, and about number 44, this is
11:07:08those great ironies in life where -- ironies in life
11:07:14he tavern is being turned into a church center.
11:07:18 And the church has requested that this street, it's a
11:07:23ck piece of street that used to be brick that's been
11:07:26 over by asphalt, that that be looked at as a one-block
11:07:30se where we take off the asphalt.
11:07:33 We have been talking about this for at least three
11:07:35 It seems like a great test case.
11:07:37 I have asked transportation to take a look at it to
11:07:39t the true costs are of removing asphalt from brick so
11:07:43 could look at doing this in other parts of the
11:07:45 >>MARY ALVAREZ: That's a God idea because on Habana
11:07:49 that's quilt patchwork over there.
11:07:53 >>GWEN MILLER: Hold 42 until when?
11:07:57 >>MARTIN SHELBY: Until we talk about 66 and 70.
11:08:00 >>LINDA SAUL-SENA: Move we hold 42 until later in the
11:08:04 >> Second.
11:08:05 (Motion carried).
11:08:05 >>GWEN MILLER: Transportation, Mr. Shawn Harrison.
11:08:08 >>SHAWN HARRISON: I move items 53 through 60.
11:08:13 >> Second. If I may.
11:08:15 I'm sorry.
11:08:16 With regard to number 58, is that date madam clerk to
11:08:30 Number 58, placed on the September 7th agenda.
11:08:36 >> So moved.
11:08:37 >> Second.
11:08:39 >> Scrivener's error.
11:08:41 (Motion Carried).
11:08:41 >>GWEN MILLER: We two to our public hearings for
11:08:44 Anyone in the public that wants to speak on item 61
11:09:01 Please stand and raise your right hand.
11:09:03 We need to open the public hearings.
11:09:04 >> So moved.
11:09:07 (Motion Carried).
11:09:07 >>MARTIN SHELBY: Does council wish to address the
11:09:09ances up front before you go into the second readings?
11:09:12 Or do you want to do that afterwards?
11:09:14 >>GWEN MILLER: We can do that if you like.
11:09:15 >>MARTIN SHELBY: It's up to how council wishes to
11:09:20 >>CHAIRMAN: Second readings.
11:09:21 All right.
11:09:22 Anyone in the public wants to speak on item 61?
11:09:24 >> Move to close.
11:09:25 >> Second.
11:09:25 (Motion carried).
11:09:26 >>LINDA SAUL-SENA: Wait, wait, wait.
11:09:32 Got to be fast.
11:09:33 I have a quick question for staff.
11:09:34 You all know that the Floridan Hotel is being
11:09:38 And I heard from petitioner that -- the owner that
11:09:41nt -- the sign that used to be there for a zillion years
11:09:47y are everything trouble because they think our sign code
11:09:50es historic signs.
11:09:55 And I want to check and make sure that.
11:09:57 That we are not screwing things up for that.
11:10:00 I think historic placed signs --
11:10:07 >>ROSE FERLITA: Did when not address that with Thom
11:10:13 >> It's done.
11:10:14 >> Did we vote on this?
11:10:16 But this doesn't -- this doesn't preclude the
11:10:22 That's the intent of this provision.
11:10:23 >>ROSE FERLITA: Ms. Saul-Sena, and we did that
11:10:27rely during our sign process because we wanted to do
11:10:31 And doesn't mean to be an advertisement but for those
11:10:36dn't take a tour of the place, they are paying such
11:10:39ble attention to detail, and doing this all on their own
11:10:44 For us to do something that would be counterproductive
11:10:46e so foolish.
11:10:47 That's why we took it out, had Mr. Snelling come in,
11:10:52e sure that it was protected.
11:10:54 Because you will adore what they are doing.
11:10:57 >>LINDA SAUL-SENA: Thank you so much for your
11:10:58on to that.
11:11:01 79 all in favor say Aye.
11:11:03 (Motion carried).
11:11:04 >>KEVIN WHITE: Move to an ordinance on second reading,
11:11:08g City of Tampa code ordinances chapter 20.5 signs,
11:11:16g section 20.5-4 words defined, amend section 20.5-10
11:11:21n right-of-way, signs allowed, amending section 20.5-13
11:11:27 signs, permit required, creating section 20-5-13-C-8
11:11:34ions for historic signs for local historic districts and
11:11:38k sites outside of Ybor City historic district, creating
11:11:42 20.5-13-C-9 regulations for historic signs in the Ybor
11:11:48storic district amending section 20.5-15 prohibited signs
11:11:52ted amending section 20.5-20 signs on right-of-way,
11:11:56ng for severability, providing for repeal of all
11:11:59ces in conflict, providing an effective date.
11:12:00 >> Second.
11:12:01 >>GWEN MILLER: Voice roll call.
11:12:06 >>THE CLERK: Motion carried unanimously.
11:12:09 >>GWEN MILLER: Is there anyone in the public that
11:12:10o speak on item 62?
11:12:13 >>MARY ALVAREZ: Move to close.
11:12:14 >> Second.
11:12:15 (Motion carried).
11:12:15 >>ROSE FERLITA: Move to adopt the following ordinance
11:12:19 An ordinance making lawful sale of beverages
11:12:21ing alcohol of more than 1% by weight, and not more than
11:12:24weight, and wines regardless of alcoholic content, beer
11:12:28e, 2(APS), in sealed containers for consumption off
11:12:32s only at or from that certain lot, plot or tract of land
11:12:35 at 934 east Henderson Boulevard, Tampa, Florida, more
11:12:39larly described in section 2 hereof waiving certain
11:12:41tions as to distance based upon certain findings,
11:12:44ng for repeal of all ordinances in conflict, providing an
11:12:47 >> I have a motion and second.
11:12:49 Voice roll call.
11:12:53 >>THE CLERK: Motion carried unanimously.
11:12:57 >>GWEN MILLER: Anyone in the public want to speak on
11:13:00 >>MARY ALVAREZ: Move to close.
11:13:02 >> Second.
11:13:02 (Motion carried).
11:13:03 >>MARY ALVAREZ: Move to adopt the following ordinance
11:13:07cond reading, an ordinance making lawful the sale of
11:13:11es containing alcohol of more than 1% by weight and not
11:13:14an 14% by weight and Waynes regardless of alcoholic
11:13:17 beer and wine 27 APS in sealed containers for
11:13:20tion off premises only at or from that certain lot, plot
11:13:24t ever land located at 3602 Gandy Boulevard, Tampa,
11:13:28 as more particularly described in section 2 hereof
11:13:31 certain restrictions as to distance based upon certain
11:13:34s, providing for repeal of all ordinances in conflict,
11:13:38ng an effective date.
11:13:38 >>GWEN MILLER: Motion and second.
11:13:40 Voice roll call.
11:13:42 >>THE CLERK: Motion carried unanimously.
11:13:46 >>GWEN MILLER: Is there anyone in the public that
11:13:48o speak on item 64?
11:13:50 >> Move to close.
11:13:51 >> Second.
11:13:51 (Motion carried).
11:13:51 >>SHAWN HARRISON: Move to adopt the following
11:13:56ce on second reading, an ordinance repealing ordinance
11:13:592001-245 making lawful the sale of beverages containing
11:14:02 regardless of alcoholic content, beer, wine and liquor
11:14:05) for consumption on the premises only in connection with
11:14:08urant business establishment on that certain lot, plot or
11:14:11f land located at 4420 West Gandy Boulevard, Tampa,
11:14:15, as more particularly described in section 3 hereof
11:14:18 certain restrictions as to distance based upon certain
11:14:21s, providing for repeal of all ordinances in conflict,
11:14:25ng an effective date.
11:14:26 >>GWEN MILLER: Motion and second.
11:14:28 Voice roll call.
11:14:29 (Motion Carried).
11:14:29 >>THE CLERK: Motion carried unanimously.
11:14:35 >>GWEN MILLER: Now we go to the ones we are going to
11:14:37w and change dates on.
11:14:39 >>CATHERINE COYLE: Land development.
11:14:51 Number 66 and 70 are related.
11:14:56 >> Move to open.
11:14:58 Or it's already open.
11:15:00 >>CATHERINE COYLE: You will be moving them to
11:15:03 >> So moved.
11:15:04 >>MARTIN SHELBY: If I can.
11:15:06 66 and 70, I'm sorry, council.
11:15:08 Number 66 and 70 travel with number 42.
11:15:11 I would ask that you make the motion that they travel
11:15:16 >>CATHERINE COYLE: No, 42 is going to second reading.
11:15:18 We had already moved 42 earlier.
11:15:23 >>KEVIN WHITE: 42 is traveling alone.
11:15:25 [ Laughter ]
11:15:26 >>MARTIN SHELBY: I'm sorry.
11:15:29 Have to be clear on that.
11:15:30 42 was continued to October 5th.
11:15:33 Thank you.
11:15:36 >>JOHN DINGFELDER: 9-21 at 10 a.m.
11:15:40 (Motion Carried).
11:15:41 >>MARTIN SHELBY: I don't believe we the number 42.
11:15:45 >>JOHN DINGFELDER: Move 42 to 10-5.
11:15:54 >>MARTIN SHELBY: Do we have a vote?
11:15:57 >>GWEN MILLER: It's carried.
11:16:01 >>CATHERINE COYLE: Number 67.
11:16:05 The DZ 84-130.
11:16:08 That should be moved to 9-14-06 at 10 a.m.
11:16:12 >> So moved.
11:16:12 >> Second.
11:16:12 (Motion carried).
11:16:13 >>MARTIN SHELBY: That's on today's agenda?
11:16:23 >>CATHERINE COYLE: I was going to say it's related --
11:16:26 >>MARTIN SHELBY: You are doing them separately?
11:16:28 You just moved number 67 to 9-14 at 10 a.m.?
11:16:32 >>CATHERINE COYLE: Yes.
11:16:40 >>CATHERINE COYLE: Number 71.
11:16:42 Z 06-88.
11:16:43 Also moved to two weeks at 9-14, 10 a.m.
11:16:46 >> So moved.
11:16:47 >> Second.
11:16:47 (Motion carried).
11:16:48 >>CATHERINE COYLE: Item 69 is related to item 59.
11:16:55 And we would ask, number 69 which is a vacating
11:17:01n to October 5th.
11:17:03 The reason, it is ready to go.
11:17:04 As we have done in the past, if council is so willing,
11:17:07d move the first reading of the rezoning to September
11:17:09 10 a.m. and continue the second reading to October
11:17:13coincide with the vacating.
11:17:17 I'm sorry, October 19th.
11:17:20 >>JOHN DINGFELDER: So that's item --
11:17:23 >>CATHERINE COYLE: 59 is already set for October
11:17:27 >>JOHN DINGFELDER: So item 69.
11:17:41 Ting ding number 59, October 5, 10 a.m.
11:17:50 >>LINDA SAUL-SENA: I believe that people spoke on this
11:17:56 And now continuing again.
11:17:57 This is specifically the one I was referring to in
11:17:59f the staff contacting.
11:18:03 Because the staff got the dates.
11:18:05 If you could contact the people to make sure they are
11:18:10f the times.
11:18:11 >>CATHERINE COYLE: I could look at the times.
11:18:17 >>GWEN MILLER: All in favor of the motion say Aye.
11:18:19 Number 59 continue that --
11:18:21 >>JOHN DINGFELDER: To October 5th, 10 a.m.
11:18:23 >>MARTIN SHELBY: 59 is a resolution to --
11:18:26 >>THE CLERK: Resolution to set the public hearing.
11:18:30 >> So moved.
11:18:30 >> Second.
11:18:31 (Motion carried).
11:18:31 >>CATHERINE COYLE: I think that's it.
11:18:37 >>GWEN MILLER: Need to do 65.
11:18:45 >>CATHY COYLE: I thought we did that because we had
11:18:47or one week.
11:18:50 >>MARTIN SHELBY: The confusion, we cannot do those.
11:18:53 Even though we brought it to council's attention.
11:18:55 We cannot do that until a time certain.
11:19:02 >>> I believe the council had moved it to 9-14.
11:19:05 The 7th would be a busy morning.
11:19:07 >>JOHN DINGFELDER: 9 o'clock-14, 10 a.m., number 65.
11:19:12 (Motion carried).
11:19:13 >>GWEN MILLER: We go to item number 68, continued
11:19:21 Number 68.
11:19:22 >>REBECCA KERT: Legal department.
11:19:24 Council had directed legal to come back with a change
11:19:264(COP) to a 4(COP-R).
11:19:28 I do have that ordinance ready.
11:19:31 >>GWEN MILLER: Is there anyone -- petitioner, do you
11:19:34 say anything on this?
11:19:36 >>> We agree it with.
11:19:37 Thank you for your consideration.
11:19:38 >>GWEN MILLER: Is there anyone --
11:19:44 >>SHAWN HARRISON: It's 4(COP).
11:19:46 >>GWEN MILLER: Is there anyone in the public that
11:19:48o speak on item 68?
11:19:52 >> Move to close.
11:19:52 >> Second.
11:19:53 (Motion Carried).
11:19:53 >>LINDA SAUL-SENA: I watched the tape on this.
11:20:04 Move an ordinance making lawful the sale of beverages
11:20:07ing alcohol regardless of alcoholic content beer and wine
11:20:10uor 4(COP) for consumption on the premises and in sealed
11:20:13ers for consumption off the premises in connection with a
11:20:17ant business establishment on that certain lot plot or
11:20:19f land located at 10509 north Nebraska Avenue Tampa,
11:20:23 as more particularly described in section 2 hereof
11:20:25 certain restrictions as to distance based upon certain
11:20:29s providing for repeal of all ordinances in conflict,
11:20:32ng an effective date.
11:20:32 (Motion carried).
11:20:35 >>GWEN MILLER: Item number 72.
11:20:37 THE CLERK: We need to open that public hearing.
11:20:42 >>GWEN MILLER: Is there anyone in the public that's
11:20:45o speak on item 72 or 73?
11:20:47 Would you please stand and raise your right hand?
11:20:49 >>THE CLERK:
11:20:56 (Oath administered by Clerk).
11:20:57 >>CHAIRMAN: We need to open that item.
11:21:00 >> So moved.
11:21:01 >> Second.
11:21:01 (Motion carried)
11:21:05 69 staff report.
11:21:05 Is there anyone in the public that wants to speak on
11:21:15 >>> Sharon keen, 918 West Virginia Avenue, 33603.
11:21:20 Council had spent a lot of time, I know, listening,
11:21:23 information on this subject.
11:21:25 So I don't want to belabor it or take up too much of
11:21:28 First, I would like to thank you for your support last
11:21:32 the public hearing.
11:21:34 And basically, I guess, you know, just to refresh or
11:21:38 mind, number one, the Columbus drive bridge is a unique
11:21:44 Two, if you pass this, if you support this historic
11:21:48tion you will make a whole lot of people, organizations,
11:21:51and, three, you will save the Hillsborough County
11:21:54rs a bundle of money.
11:21:56 So you just can't lose.
11:21:57 So thank you hopefully in advance for your support.
11:22:00 >>GWEN MILLER: Thank you.
11:22:01 Would anyone else like to speak?
11:22:05 >>LINDA SAUL-SENA: I just want to say that I attended
11:22:07r of meetings about these two bridges, because the
11:22:09ation community encouraged me to.
11:22:12 You can't -- there have been a number of citizens who
11:22:16en involved in these conversations, and they are -- they
11:22:21astically support this designation.
11:22:24 >> Move to close.
11:22:25 >> Second.
11:22:25 (Motion carried).
11:22:26 >>JOHN DINGFELDER: Move to adopt the following
11:22:35ce upon second reading, an ordinance of the city of
11:22:37Florida designating the following parcels of property to
11:22:40n as historic bridges on the Hillsborough River multiple
11:22:42ies group, the TN Henderson Hillsborough Avenue bridge,
11:22:47higan Avenue Columbus drive bridge, the fortune street,
11:22:51Street bridge, the Cass Street bridge, the Lafayette
11:22:54 Kennedy Boulevard bridge, and the Platt Street bridge
11:22:57 in Tampa, Florida as more particularly described in
11:22:59 3 hereof as a local landmark providing for repeal of all
11:23:03ces in conflict, providing for severability, providing an
11:23:06 >>GWEN MILLER: Motion and second.
11:23:07 Voice roll call.
11:23:16 >>THE CLERK: Motion carried with Alvarez and Harrison
11:23:19 >>GWEN MILLER: We need to open item 73.
11:23:24 (Motion Carried)
11:23:24 >>CATHERINE COYLE: Land development.
11:23:42 I have been sworn.
11:23:44 Case WZ 06-111 located at 1701 west Waters Avenue.
11:23:49 They are requesting a 4(COP-R), beer, wine and liquor,
11:23:53ted with a restaurant.
11:23:55 The one-year conditional, ordinance 2005-47 that
11:24:02d in 2005.
11:24:03 During the public hearing petitioner agreed to build a
11:24:07 As of August 22nd they haven't built the wall.
11:24:12 Last week.
11:24:13 However, they did enter into an agreement with the
11:24:16home park to the rear expressing exactly how they were
11:24:22o build that wall, what materials were going to be used,
11:24:24ctly in what location, which petitioner can describe to
11:24:28 We were given a copy of that agreement.
11:24:30 You will note that there are wet zoned properties,
11:24:33tial, and institutional within a thousand feet.
11:24:35 Those waivers would be needed.
11:24:38 Staff had no objections.
11:24:44 >>> Officer Miller, City of Tampa police department.
11:24:46 On this particular wet zoning, we have no objections.
11:24:49 >>GWEN MILLER: Petitioner?
11:24:58 >>> Orlando Borras.
11:25:01 I was here last year requesting a 4(COP-R) for the
11:25:07 I was given a one-year conditional license.
11:25:11 And asked to come back a year later to apply for my
11:25:16 >>GWEN MILLER: Is there anyone in the public that
11:25:17o speak on item 73?
11:25:23 Motion and second to close.
11:25:24 (Motion carried)
11:25:25 >>ROSE FERLITA: I'll read it when they give it to me.
11:25:35 It may be awhile.
11:25:43 Move an ordinance repealing ordinance 245 making legal
11:25:48e of beverages beer, wine and liquor 4(COP-R) for
11:25:52tion on premises only in connection with a restaurant
11:25:54s establishment on that certain lot, plot or tract of
11:25:57cated at 1701 west Waters Avenue, Tampa, Florida, as more
11:26:01larly described in section 3 hereof, waiving certain
11:26:04tions as to distance, based upon certain findings,
11:26:07ng for repeal of all ordinances in conflict, providing an
11:26:10 >>GWEN MILLER: I have a motion and second.
11:26:11 (Motion Carried)
11:26:17 Item number 76.
11:26:20 Needs to be withdrawn.
11:26:21 >>KEVIN WHITE: So moved.
11:26:23 >> Second.
11:26:23 (Motion carried)
11:26:27 We go to information by council members.
11:26:43 We have a motion and second.
11:26:45 (Motion carried).
11:26:47 Any other?
11:26:48 Now we go to information from council.
11:26:50 Mr. White, do you have anything?
11:26:51 >>KEVIN WHITE: Madam Chair, recently, met with members
11:26:5842nd area, I would like to have transportation come give
11:27:05port in two weeks.
11:27:07 Some of the neighborhood residents over there were
11:27:11uched with the untimely passing of Darrin Morris who
11:27:19diligently on that 40th Street task force with them
11:27:22g of the bridge and things of that nature, and they were
11:27:26ng if we could get transportations' input on possibly
11:27:30naming the bridge and or having some sort of memorabilia
11:27:35ue designated on one side of the bridge or the other in
11:27:39or since he was so vigilant in that.
11:27:44 >>SHAWN HARRISON: I second that.
11:27:48 We have done that at a couple of locations up in the
11:27:52 It's like a federal act to get something named, than
11:27:57 put a plaque up.
11:27:59 Certainly we have done that a couple of times.
11:28:01 It's relatively inexpensive so I certainly support it.
11:28:03 >>GWEN MILLER: We have a motion and second.
11:28:07 >>ROSE FERLITA: Happy holiday weekend and come back
11:28:15 prepared to exercise their privilege and their right to
11:28:18nd for our Tribune representative for putting up with
11:28:25ter a few distractions.
11:28:29 >>SHAWN HARRISON: Nothing, Madam Chair.
11:28:32 >>LINDA SAUL-SENA: All of us, I know, have been
11:28:36ng the activities of the expressway authority, and I
11:28:39 our chairman, Ms. Miller, had the responsibility of
11:28:44ng the meeting the other day.
11:28:46 And I know we have all been reading what's been going
11:28:51 And chairman Scott said he is bringing this to the
11:28:55 I believe the City Council should similarly request an
11:28:58gation by the governor, independent investigation on
11:29:02going on there.
11:29:03 And Ms. Miller, I would really love to hear your
11:29:06and comments on what that meeting was like.
11:29:13 >>GWEN MILLER: To me the meetings were very disturbing
11:29:18because when I got the reports from the staff how
11:29:22ing was running, the board would come in and vote for
11:29:27 got there and there had been a change, and I voiced my
11:29:33, and I made a motion that we continue for six months so
11:29:39 didn't second my motion so it died for lack of a second.
11:29:45 But I would surely like to see things run the right
11:29:50 When you rank someone, you have a capable staff of
11:29:53t, to come back and change it.
11:29:55 So it was something I didn't care to be a part of.
11:30:00 >>LINDA SAUL-SENA: Ms. Miller, when I served in that
11:30:03y before you, similarly, we received a professional
11:30:06 by the professionals on something, and a board member
11:30:11 effort to choose actually the third ranked party first
11:30:14as really uncomfortable with it.
11:30:16 And I said, this isn't how you do it.
11:30:18 This is a professional.
11:30:19 And I was able to get it back to, you know, listening
11:30:23professional recommendation on it.
11:30:25 So based on that, I would like to ask City Council to
11:30:30ly, based on what you shared with us about the meeting,
11:30:34 an investigation by the governor.
11:30:38 >>ROSE FERLITA: I certainly think that there is the
11:30:45ion of a lot of inappropriateness in the way it was done,
11:30:47 you win or lose it's fine, if it's done appropriately.
11:30:51 The Tribune addressed.
11:30:53 The times addressed.
11:30:55 People individually have addressed it.
11:30:56 I don't know really the jurisdictional authority or
11:31:01 Maybe Mr. Shelby can answer that.
11:31:03 But I think further clarification of the listening
11:31:05and so that people understand what is going on based on
11:31:08curred, Ms. Miller, and votes that might be cast from
11:31:13 in terms of anything that has something to do with the
11:31:16way authority, it certainly needs to be reviewed, if
11:31:21hat Ms. Saul-Sena says is appropriate, I would support
11:31:26 If Mr. Shelby has another idea.
11:31:28 I think we as a body -- and I don't really know where
11:31:31in that whole realm of things -- we as a body owe a great
11:31:36ibility to our constituents to make sure we are
11:31:38able with what was done and what can be remedied so they
11:31:42 Because the perception was adjusts lousy.
11:31:45 And I think we have to do something.
11:31:46 So unless you have something that is different that
11:31:49e a more appropriate way --
11:31:52 >>MARTIN SHELBY: Council, I don't know how much time
11:31:55 I suspect Ms. Saul-Sena's motion to direct some sort
11:32:01er to the governor, that the chair drafts, or if council
11:32:05to do a little investigation, see what the appropriate
11:32:08re and bring it back next week, you will have something
11:32:12t of you.
11:32:13 I don't know if.
11:32:15 If time is of the essence.
11:32:18 >>ROSE FERLITA: Mr. Shelby, correct me if I am wrong.
11:32:20 I believe the county commission as a body has
11:32:22ed that of the governor, and of course going to do one
11:32:27gation and he can respond to them as well as he can
11:32:29 to us.
11:32:30 So if these a motion and we are supportive of it,
11:32:32 If you feel that you want to come up with something
11:32:36xt week, fine.
11:32:39 >>MARTIN SHELBY: My only concern, if it's a motion and
11:32:41form of a resolution and it's oral, the question is how
11:32:43ll ultimately be communicated to the governor's office.
11:32:47 It would be in the form of a written resolution?
11:32:49 Or it would be in the form of a letter to the
11:32:52 I'm not quite prepared to say.
11:32:54 >>LINDA SAUL-SENA: May I clarify what my intent is?
11:32:58 And in the newspaper today, both papers, it said, the
11:33:04e for anyone to protest the board's action is today.
11:33:09 As of late Wednesday, no one has complained.
11:33:13 Quote, if in a one files a protest you have to wonder
11:33:16s the issue?
11:33:19 Well, I feel from what I read that there is an issue.
11:33:21 So I would like to restate my motion which is that
11:33:25uncil file a protest today, immediately, because today is
11:33:30dline for filing protests.
11:33:34 I haven't communicated with anybody about this.
11:33:36 But four City Council members sit on the MPO.
11:33:40 The MPO, as the transportation authority, needs to
11:33:43nfidence in the different boards that sit in our
11:33:49 I think this is a cloud over a transportation agency
11:33:52ave great concerns about it.
11:33:54 So my motion would be that we protest the action of
11:34:01ressway authority board today.
11:34:06 >>SHAWN HARRISON: Do we have standing to protest?
11:34:09 >>LINDA SAUL-SENA: I believe anyone can.
11:34:10 I believe a member of the public can.
11:34:14 >>SHAWN HARRISON: I don't know.
11:34:15 I hear you very well, Ms. Saul-Sena.
11:34:18 And I was -- the idea of have Mr. Shelby take a look
11:34:24nd report back next week.
11:34:27 I mean, that might eliminate -- I don't know.
11:34:30 I would think that we do not have standing.
11:34:32 >>LINDA SAUL-SENA: Well, rephrase to the say if we
11:34:35anding then I would like to dot.
11:34:37 If we don't, we don't.
11:34:38 Then we hear back next week.
11:34:40 That we direct our attorney to draft a letter to Mr.
11:34:45 to direct a letter on behalf of council, protesting
11:34:48nd we'll find out, if we have standing, if we don't have
11:34:53g we'll see what other avenues.
11:34:55 Oh, good, Mr. Smith.
11:34:57 >>MARTIN SHELBY: Yes, I don't think this was
11:34:59 [ Laughter ]
11:35:01 >>DAVID SMITH: I was watching.
11:35:03 And I may have missed some in transition.
11:35:05 But Ms. Saul-Sena, one of the comments you made, I
11:35:08 make sure we clarified. The protest is for those who
11:35:12 And the City Council is not a bidder.
11:35:14 You can go on record.
11:35:15 You can send a letter if you want to.
11:35:17 But the protest process is for bidders.
11:35:19 >>LINDA SAUL-SENA: Okay, I wasn't Clare on that.
11:35:22 I thought it was a member of the public or the
11:35:25ty protesting what seems like --
11:35:29 >>DAVID SMITH: Protest in the generic sense.
11:35:31 You are free to do that.
11:35:32 >>LINDA SAUL-SENA: Thank you so much for the
11:35:34 I would like to go to the generic sense of doing what
11:35:39ioner Scott is doing, which is asking you to see if
11:35:41 can write a letter to the governor asking for an
11:35:45dent investigation of this whole thing.
11:35:53 >>JOHN DINGFELDER: Absolutely.
11:35:54 The process that we read about, and unfortunately
11:35:58iller had to witness firsthand, was abused.
11:36:04 And that's wrong.
11:36:06 And I think that we should be more aggressive, Linda.
11:36:12 I don't think we should ask whether or not we can
11:36:14 letter yet.
11:36:16 I think this board, this council, should go on record
11:36:19o say that -- to ask the governor, especially ask the
11:36:24rs, you know, send them the fax and make sure he get it
11:36:28r tomorrow, and let him know that this council is on
11:36:32to say that we would ask him, or the attorney general or
11:36:35r appropriate state agency would look at this, to look at
11:36:42 Because the public deserves that.
11:36:43 And so I would ask you, encourage you to modify your
11:36:46to be a little stronger and say, let's do it today, we
11:36:49e ability to -- Mr. Shelby can work with our chair and
11:36:54he appropriate letter and let's get on record as saying
11:36:56mething is rotten in Denmark.
11:37:02 >>GWEN MILLER: Mr. Shelby and Mr. Smith to get
11:37:04 >>MARTIN SHELBY: I just checked with Mr. Smith and I
11:37:07 it will be appropriate I work with the chair, and of
11:37:10I'll keep Mr. Smith in the loop of helping to craft
11:37:14e to send out under her signature to the governor
11:37:16nting the sentiments of the City Council.
11:37:21 >> I think it would also be good in this letter, you
11:37:24ere, you experienced it, and I think -- I just know what
11:37:28in the newspaper, that I think the person-person
11:37:31nce makes it much more vivid and I would encourage to you
11:37:34hose votes in your letter to the governor.
11:37:42 >>JOHN DINGFELDER: You made the motion.
11:37:43 I second it.
11:37:44 (Motion carried).
11:37:45 >>SHAWN HARRISON: Madam Chair, now that we are on the
11:37:49, I had a conversation with the mayor a couple days ago,
11:37:56his morning, about what is the potential impact of this
11:37:59east-west connector project, which as you well know is
11:38:03t critical transportation project in the history of New
11:38:08 And the bids for that project are due, I think, within
11:38:12t couple of weeks.
11:38:14 At the expressway authority.
11:38:16 And I do not want to take any action, and I don't want
11:38:20re any action that has already taken place that could in
11:38:23 jeopardize that project.
11:38:27 And so I guess what I would officially not ask Mr.
11:38:32o do is to take a look, David, at what, if any, impact
11:38:39s on the bid process for the east-west connector project,
11:38:43 viability of that project, and then be prepared to make
11:38:48mendation next week as to what you think -- where you
11:38:52e ought to be.
11:38:53 I know the mayor believes in the project.
11:38:55 And we just want to make sure that we don't cross any
11:38:59hat would further jeopardize that project.
11:39:03 So we need to be very careful of that.
11:39:06 >>DAVID SMITH: City attorney.
11:39:07 I did have the opportunity to low back at our
11:39:11 Clearly we have a contract.
11:39:12 The contract is still valid.
11:39:15 We still intend to comply with the terms of the
11:39:17t and will.
11:39:18 So farce our concern is, the city is moving forward
11:39:20hat it is going to do to make the east-west happen.
11:39:26 I will look further though into that contract to see
11:39:28e's anything else we need to do.
11:39:30 My recollection was we did not put ourselves in the
11:39:33of the bid process ourselves.
11:39:43 But we'll look at that.
11:39:44 We have a contract.
11:39:45 We are not abrogating our contract.
11:39:47 We are going to perform our contract.
11:39:49 >> And I think it's important for us to go ahead, to
11:39:51he record to say we endorse that, we want the
11:39:54tration to take whatever action is necessary to reassure
11:39:59e that we still believe in that project, and we want to
11:40:01s thing happen.
11:40:06 >>GWEN MILLER: Anything else, Ms. Saul-Sena?
11:40:08 >>LINDA SAUL-SENA: I think that was enough.
11:40:10 >>CHAIRMAN: Thank you.
11:40:11 >>JOHN DINGFELDER: Just one thing.
11:40:14 A couple years ago the administration and the mayor, I
11:40:16t was very smart of her and her staff, working with Steve
11:40:21lt, created the contract administration department under
11:40:27 And I have had the opportunity to work with them on
11:40:28s occasions talking about different major projects.
11:40:31 But we don't really see them down here personally.
11:40:35 And I'd like to get David to come over with the -- and
11:40:39 a report maybe in two weeks, and just tell us, you know,
11:40:42rt of progress we have made as a city in creating that
11:40:46ent, why has it worked out for the city?
11:40:49 What are the pitfalls, now, if there are any?
11:40:52 And the down-side of that department.
11:40:54 But overall, I think from what I have seen and from
11:40:57have observed Mr. Vaughan and Mr. Daignault and their
11:41:01 contract administration have done a great job, and I
11:41:04ike to just come over and give us a two-three-minute
11:41:07ion about that gnaw department.
11:41:11 >> I have a motion and second.
11:41:12 (Motion carried)
11:41:15 Anything else?
11:41:16 >>JOHN DINGFELDER: Nothing else, thank you.
11:41:17 >>GWEN MILLER: Clerk?
11:41:18 (Motion carried).
11:41:25 >>THE CLERK: I want to verify whether Mr. Harrison
11:41:27ants to make the motion.
11:41:28 >>SHAWN HARRISON: Yes, I would like to make it.
11:41:31 >>GWEN MILLER: Motion and second.
11:41:31 (Motion carried).
11:41:32 >>MARTIN SHELBY: Just before you go, I want to bring
11:41:36cil's attention very quickly, it was brought to the
11:41:39 attention that on the meeting of the 26th of
11:41:44er where council is going to be discussing the south
11:41:48ransportation study at the convention center, it will be
11:41:52ne to eleven in the morning.
11:41:54 Again, it is open to the public.
11:41:56 Although it is a workshop for council's benefit.
11:41:59 Just to be aware -- will be performing outside the --
11:42:11 of a zoological and aquarium.
11:42:15 So just to you know there may be a --
11:42:20 >>GWEN MILLER: We are go going to take a break.
11:42:25 Anything else?
11:42:29 That's it?
11:42:30 We now go to our audience portion.
11:42:32 Anybody in the audience want to speak?
11:42:36 We stand adjourned.
11:42:40 (Meeting adjourned.)