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Tampa City Council
Thursday, September 14, 2006
9:00 a.m. session.


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08:52:35 [Sounding gavel]
09:06:49 >>SHAWN HARRISON: Tampa City Council is called to
09:06:50 session. The chair will yield to Kevin White.
09:06:52 >>KEVIN WHITE: This morning we have to give our
09:06:55 invocation father Dennison KERR, the chief Shepherd at
09:07:00 the St. James house of prayer.
09:07:02 If you will come forward and give the invocation this
09:07:05 morning and then remain standing for the pledge of

09:07:07 allegiance.
09:07:20 The prayer, supplication, invocation, Thanksgiving
09:07:24 giving, to God, so that people may live in peace and
09:07:29 live joyfully, because this is the will and purpose of
09:07:32 God.
09:07:35 We ask that prayers be made for kings and leaders and
09:07:38 for all those watching over us.
09:07:41 And this morning it is great privilege to be invited
09:07:45 to offer prayer to the council.
09:07:53 I believe that all elected officials, I believe that
09:07:57 their appointment is a divine one.
09:08:00 I believe that God so ordered it, and believe that God
09:08:02 ordered it for a divine purpose.
09:08:05 And so for me it is a privilege this morning to remind
09:08:08 you that God has appointed you at this time to serve
09:08:12 on the City Council for a particular purpose, and to
09:08:15 pray that God will bless and guide you for that
09:08:20 purpose for honor and joy.
09:08:23 It is first of all about God and his people, and it is
09:08:27 a privilege for me this morning to offer prayer for
09:08:30 City Council.
09:08:31 Let us pray.

09:08:34 Let us pray then for the nation, for our president and
09:08:38 for all those in authority.
09:08:40 Let us pray for all man and safety and peace, for
09:08:46 leaders, for the strength, confidence and wisdom.
09:08:52 Let us pray for the members of our Armed Forces, that
09:08:56 they may be kept safe from wounds both of the flesh
09:08:59 and of the spirit.
09:09:02 Let us thank God for the freedom it cherished, that we
09:09:08 take for granted.
09:09:10 Let us pray for the welfare of the world, for our
09:09:15 growing spirit of tolerance and respect among all
09:09:18 people and nations.
09:09:21 Let us offer Thanksgiving that we are God's precious
09:09:26 children, sharing a common nature, universal desire
09:09:33 and need.
09:09:34 Let us pray for the concerns of our local community,
09:09:39 for this city, and for those appointed by God to
09:09:43 administer to sins.
09:09:46 Let us pray for peace and stability of our city and
09:09:50 our home.
09:09:54 Let us pray for strength, conviction, and renewal.
09:10:00 Let us offer Thanksgiving for this land, for those we

09:10:09 have called -- that are called to serve.
09:10:13 Finally, let us pray for those who suffer and those in
09:10:19 any trouble, for the sake, the suffering, the
09:10:23 grieving, the anxious.
09:10:28 Let us offer Thanksgiving for God's mercy and presence
09:10:33 with us in our darkest hours.
09:10:37 Father God, we give you thanks for this day.
09:10:40 We give you thanks, O God, that you have called these
09:10:45 elected officials to serve you and serve your people.
09:10:48 Give them the strength, the wisdom, the understanding,
09:10:52 to fulfill your high calling, for Christ's sake.
09:10:56 Amen.
09:10:59 (Pledge of Allegiance)
09:11:13 >>SHAWN HARRISON: Roll call.
09:11:20 >>MARY ALVAREZ: Here.
09:11:24 >>KEVIN WHITE: Here.
09:11:26 >>SHAWN HARRISON: Here.
09:11:28 Chairman Miller is traveling today on city business
09:11:30 and will not be in attendance this morning or this
09:11:33 evening.
09:11:36 And we have no ceremonial activities this evening.
09:11:40 We have approval of the agenda.

09:11:43 Anyone that would like anything pulled or changed or
09:11:46 removed from the agenda?
09:11:49 Then we need a motion to approve it.
09:11:52 >> So moved.
09:11:53 >> Second.
09:11:53 (Motion carried).
09:11:54 >>SHAWN HARRISON: Staff reports.
09:12:01 The first person signed up is Bonnie wise.
09:12:07 >>BONNIE WISE: Good morning, council members, Bonnie
09:12:09 Wise, director of revenue and finance, here to speak
09:12:11 to you on item number 2 regarding the Lowry Park Zoo.
09:12:14 This was an item that had come up actually at last
09:12:17 year's budget hearing, and historically, we had given
09:12:23 the operating support $350,000 and that last year's
09:12:27 budget hearing you all recommended that we increase
09:12:30 that to 500,000 because the county had said that they
09:12:36 would give 500,000 if we would do so as well.
09:12:39 And so my impression at that time was that it was a
09:12:42 one-time increase to 500,000.
09:12:45 But we have learned since then that the county's
09:12:48 commitment was for a two-year time period, and so to
09:12:54 continue to 500 that you for this new fiscal year as

09:12:57 well.
09:12:58 This is certainly something that we think it would be
09:13:03 appropriate for you to discuss at the budget hearing
09:13:04 this evening but we wanted to give you some background
09:13:07 on how we got to that point.
09:13:08 We thought it was just a one-time increase: I wanted
09:13:12 you to know that prior to fiscal year '04 that we had
09:13:16 been giving 200,000, in -- sorry, fiscal year 04 we
09:13:20 increased to 350 and it was for a two-year period.
09:13:24 And then just finally, in addition to operating
09:13:27 support, wanted you to know that we of course believe
09:13:30 that it's a very important part of our community, we
09:13:33 do have bonds outstanding on behalf of the zoo.
09:13:36 And so on an annual basis we spend about $ 20,000 a
09:13:41 year on debt service to help pay off those bonds that
09:13:43 are currently outstanding.
09:13:45 So we have two components, the ongoing operating
09:13:48 support that we provide, as well as the debt service.
09:13:51 I just wanted to give you a full picture of support
09:13:55 for the zoo.
09:13:56 >>SHAWN HARRISON: Thank you, Bonnie.
09:13:58 Any questions?

09:13:58 Thank you.
09:14:00 Jorge Martin, item number 8.
09:14:08 Is Mr. Martin here?
09:14:10 >>MARTIN SHELBY: I believe that would involve a
09:14:24 substitution.
09:14:24 When it comes to that item, perhaps Mr. Martin will be
09:14:27 here.
09:14:27 >>SHAWN HARRISON: Okay, that's fine.
09:14:29 Cathy Coyle.
09:14:38 >>CATHERINE COYLE: Land development.
09:14:39 Number 72 on the agenda, special use appeal, case VO
09:14:46 6-42.
09:14:47 It cannot be heard on its current status.
09:14:50 It was an appeal for a zoning administrator denial,
09:14:53 which it should have been transferred into a PD
09:14:55 rezoning.
09:14:56 It was basically a misunderstanding.
09:14:59 There was an error between the calculation on the --
09:15:03 calculation and the site plan and the petitioner
09:15:06 proceeded under advice to appeal the decision which it
09:15:09 cannot go forward that way.
09:15:14 Since May we were basically as staff asking for your

09:15:16 consideration to schedule it the soonest possible
09:15:18 date.
09:15:18 If you would like to hear it in the morning we would
09:15:20 ask for October 19th.
09:15:23 It's a very simple case.
09:15:24 Staff has already reviewed it fully.
09:15:26 You are going to get the same report with a "V" number
09:15:30 on it instead.
09:15:30 If you are not willing to put it in the morning, if
09:15:32 you would be willing to add an additional item on the
09:15:35 night of October 26th.
09:15:37 >>SHAWN HARRISON: Appeal hearing?
09:15:39 >>> It's going to transfer into a rezoning case.
09:15:41 >>SHAWN HARRISON: Oh.
09:15:44 >>> Yes, it's going to be amended, because of the
09:15:46 density calculation.
09:15:47 It was a discrepancy between the application and the
09:15:50 site plan.
09:15:51 So it was really a misunderstanding between staff and
09:15:53 the applicant.
09:15:58 We don't want to penalize them.
09:16:00 >>MARY ALVAREZ: We have an appeal hearing on the

09:16:03 19th of October now.
09:16:07 >>MARTIN SHELBY: Council, if I could.
09:16:08 >>MARY ALVAREZ: I just wanted to know from the clerk
09:16:11 how many we have scheduled for that day.
09:16:20 >>> The appeal is being amended to the PD.
09:16:22 It's the exact thing from staff. The report is going
09:16:24 to look the same.
09:16:26 It's going to have a Z number on it.
09:16:29 >>SHAWN HARRISON: Is it appropriate to be at a morning
09:16:31 hearing?
09:16:32 Since it's now a rezoning should we schedule it for
09:16:34 night?
09:16:36 >>> For the appeal hearing they will require to follow
09:16:38 the notice procedures of the PD, there has been a sign
09:16:41 posted on the property and anyone within 250 feet has
09:16:44 been notified.
09:16:45 When amended they'll get the same letter but saying
09:16:48 rezoning and the sign will be replaced with a rezoning
09:16:51 sign.
09:16:56 >>MARY ALVAREZ: Let's hear from the clerk.
09:17:01 >>THE CLERK: The 19th?
09:17:04 CRA meeting at 8:30.

09:17:09 You have a wet zoning at 10:00.
09:17:12 Closure public hearing at 10.
09:17:16 A zoning hearing at 10.
09:17:22 >>MARY ALVAREZ: On which date?
09:17:31 19th or 26th?
09:17:33 >>> It's either/or.
09:17:41 >>LINDA SAUL-SENA: I would like to move we do it on
09:17:44 the 26th at the night meeting.
09:17:47 >>> I will forward the application.
09:17:48 >>SHAWN HARRISON: Thank you.
09:17:49 >>MARTIN SHELBY: I would ask that council hold that
09:17:52 motion, or some way, there was notice for 10:00 appeal
09:17:57 hearing.
09:17:57 So it would be appropriate to take this issue at
09:18:00 10:00.
09:18:01 >>CATHERINE COYLE: I would like to note, though, that
09:18:03 it can't go forward the way --
09:18:07 >>SHAWN HARRISON: Thank you.
09:18:08 Okay.
09:18:09 Item number 1.
09:18:11 Chuck Walter.
09:18:15 >>LINDA SAUL-SENA: Mr. Chairman, there are some people

09:18:17 from the public who are here who are interested, I
09:18:19 know, in this item.
09:18:21 And Mr. Dingfelder is the one that made the motion.
09:18:24 I wonder if we wouldn't mind waiting until Mr.
09:18:27 Dingfelder --
09:18:29 >>SHAWN HARRISON: We will wait until the end of this
09:18:33 section to see if he shows up.
09:18:35 Thank you, chuck.
09:18:37 Sorry about that.
09:18:38 Item number 2.
09:18:39 It doesn't look like anyone from Lowry Park Zoo is
09:18:42 left anymore.
09:18:47 I guess they got what they wanted.
09:18:52 Item number 3.
09:18:59 >>STEVE DAIGNAULT: Public works and utility services.
09:19:01 A couple weeks ago you asked for -- asked to come and
09:19:08 make a presentation.
09:19:09 You wanted some information.
09:19:12 Last week, we asked for a postponement of extension of
09:19:15 one week in order to get some information to you.
09:19:18 The mayor has ha written up the position of the
09:19:21 administration regarding transit.

09:19:25 And I think you all had a chance to see that.
09:19:29 Our only reason for being here this morning is to see
09:19:31 if you have any questions or if you have any direction
09:19:33 based on that.
09:19:33 >>LINDA SAUL-SENA: Thank you.
09:19:38 That was a really well written and thorough and broad
09:19:41 and comprehensive response.
09:19:43 It was terrific.
09:19:44 And I thought it was an excellent job of really
09:19:48 identifying the -- how the city can best deal with
09:19:52 transportation in the future.
09:19:53 And I wanted, as a member of the MPO, and many council
09:19:59 members are, we have not had a discussion of this and
09:20:05 we wanted to hear from the expressway authority but
09:20:07 also wanted to hear the city's position, and if could
09:20:09 you just stay till after we hear from the expressway
09:20:14 authority that would be great.
09:20:15 But I thought the response from the mayor was just
09:20:20 really, clearly and broadly and strongly said.
09:20:22 Thank you.
09:20:22 >>SHAWN HARRISON: Are there any other questions for
09:20:24 Mr. Daignault?

09:20:29 Mr. Mervin, did you want to say anything or make any
09:20:31 presentation?
09:20:32 >>> I think actually the request was two parts.
09:20:35 From Ralph Mervine from the Hillsborough County
09:20:39 expressway, Tampa Hillsborough County expressway. The
09:20:43 request was to make a presentation on the beltway and
09:20:45 also for staff to make it at the same time.
09:20:47 And we requested last week for a continuance.
09:20:49 We didn't set a specific date.
09:20:51 And I think that staff, you still wanted to hear from
09:20:53 staff a little bit.
09:20:56 Very, very pleased to receive, like yourself, the
09:21:02 mayor's report.
09:21:03 It was invigorating.
09:21:04 It was inspiring and gives some hope for alternatives
09:21:07 to transportation in this community that are needed.
09:21:11 This expressway authority has been speaking for some
09:21:13 time for the need for alternatives.
09:21:18 We cannot continue to build roads to meet all of our
09:21:21 transportation problems.
09:21:22 What we would like to do is, that plan had some text
09:21:29 and then there's some maps that are attached to it.

09:21:31 I think in terms of making a presentation to you
09:21:33 sometime in the near future, on the beltway, it would
09:21:37 be best to take that plan, overlay it on some things
09:21:40 that we were looking at, and show you, we believe, how
09:21:43 it is a win-win, good, complimentary situation.
09:21:48 And I would say probably within about a month or so,
09:21:52 if that would be possible, we would like to have the
09:21:54 opportunity to come back and discuss it at that time.
09:22:01 >>LINDA SAUL-SENA: I have to tell you, I'm a former
09:22:03 urban planner and your proposal to me -- not your
09:22:06 proposal, the expressway authority's proposal, to me,
09:22:08 as a planner, encourages sprawl.
09:22:13 I heard a radio show refer to it as sprawlway, and
09:22:17 that struck me as particularly apt.
09:22:20 And I think what I would like to do is suggest that
09:22:23 the city, working with the MPO, move ahead and look at
09:22:28 the proposal and white paper before us.
09:22:31 And if you would like to participate in that, that
09:22:34 would be great.
09:22:35 But what you have proposed does not strike me as
09:22:40 supporting a smart approach to transportation planning
09:22:45 in our region.

09:22:47 I appreciate you being here today.
09:22:49 >>JOHN DINGFELDER: Thanks for coming down.
09:22:57 I know these are busy times.
09:22:59 I would like to hear the presentation that you all
09:23:01 have to make.
09:23:03 The county commission, obviously, had the benefit of
09:23:07 it.
09:23:07 I think it's always good to hash these things out in
09:23:11 public, and hear what you all have to say and why you
09:23:14 think that roadway is justified.
09:23:18 I don't know, at the end of the day, if the city, you
09:23:21 know, even has a vote on it but we can definitely
09:23:23 chime in one way or the other.
09:23:25 But I think that, you know, I like to try to keep an
09:23:28 open mind, and at least hear what you all have to say.
09:23:32 But I also would like to hear what you have to say
09:23:34 about your other projects.
09:23:38 That are out there.
09:23:39 A whale back there was discussion -- and I'm sure it
09:23:41 was more than just discussion of the connector between
09:23:48 I-4 and the Crosstown, and I don't know what happened
09:23:50 to that.

09:23:52 It kind of went away.
09:23:54 So if you want to tell us now or tell us later, that
09:23:56 would be great.
09:23:57 Also, I know that we had a large presentation from our
09:24:01 consultant about the potential along Gandy.
09:24:04 Some people are excited by that, some people are upset
09:24:08 about it.
09:24:08 But, at the same time, we should discuss it because
09:24:11 that would effectively be an extension of your
09:24:13 expressway to connect over to the bridge, in some
09:24:16 form.
09:24:17 So, Mr. Chairman, I'm in favor of you coming back and
09:24:22 sort of briefing us on all of your projects, all of
09:24:24 your work plan.
09:24:26 >>SHAWN HARRISON: Did I hear a motion?
09:24:31 >>JOHN DINGFELDER: I didn't know where we were in the
09:24:33 process, but I would be glad to move -- I don't know
09:24:36 how much time, six weeks or so?
09:24:41 >>> Actually, to do the overlay, again with the
09:24:43 mayor's program, as has been presented to you today, I
09:24:47 would recommend that at least a month.
09:24:49 But you will, I believe, see -- I appreciate your

09:24:55 desire to keep an open mind, and let's look at facts.
09:24:59 And I think that you will see some benefits to the
09:25:01 city and a win-win possibility.
09:25:04 What we were proposing was not just a road, it was a
09:25:07 corridor, and it has the opportunities for multi-modal
09:25:10 use, and we are encouraging that.
09:25:12 And we want to accommodate other uses besides just
09:25:15 road.
09:25:16 The other projects that you ask about, I will tell you
09:25:20 as far as the connector that it's very much moving
09:25:22 forward, the department of transportation is working
09:25:25 closely with us, that project, my understanding, to
09:25:29 try to be under construction by twine, to be open in
09:25:33 2014.
09:25:34 And all projects for all of us are going up, up, up in
09:25:39 price and it becomes much more challenging, you know,
09:25:42 every month to make these projects happen.
09:25:44 But I would welcome the opportunity to come back in
09:25:47 about a month, and let's do -- and even to do a more
09:25:51 definitive.
09:25:52 Not just the beltway.
09:25:53 Let's look, and actually maybe even a little longer.

09:25:57 If I worked with city staff a little bit, so what we
09:25:59 present is something that they are very familiar with,
09:26:02 and involved in, that might even be better.
09:26:05 >>JOHN DINGFELDER: How about six weeks?
09:26:08 >>SHAWN HARRISON: Let me ask, when is the deadline for
09:26:10 the bids on the east-west connector?
09:26:13 You have extended that.
09:26:14 >>: We have extended it, 26th of October, the
09:26:17 east-west bids.
09:26:20 >>SHAWN HARRISON: Why don't we look at the second week
09:26:23 in November?
09:26:24 >>> Okay.
09:26:24 We could give you a initial report on that as well as
09:26:27 other work program issues, if you like.
09:26:28 >>SHAWN HARRISON: I would really love to hear about
09:26:30 the status of that project since that is the most
09:26:32 immediate project.
09:26:33 And the rest of it, on some of the projects you have
09:26:39 dealt with in the past, how real those projects are
09:26:43 and the beltway, in my opinion, is something that is
09:26:48 sort of theory right now.
09:26:51 It's your job to plan those sorts of things.

09:26:53 And that's what you're charged with.
09:26:56 >>JOHN DINGFELDER: November 9th.
09:26:59 I move that.
09:27:00 >>SHAWN HARRISON: Time certain.
09:27:01 10:00.
09:27:02 Sandy, is that all right?
09:27:04 We have a motion and second.
09:27:05 Discussion on the motion.
09:27:06 >>MARY ALVAREZ: Thank you, Mr. Chairman.
09:27:10 Tuesday, the downtown partnership had a presentation
09:27:15 by the Portland, Oregon, authorities on the street
09:27:20 cars over there.
09:27:21 And we are pretty much comfortable, at least up to a
09:27:24 certain point, and they were talking about connecting
09:27:29 street cars to light rail, and to the different parts
09:27:33 of the county.
09:27:34 And I would like to see something that we could do, an
09:27:39 extension of the street car, maybe somewhere going
09:27:42 down, maybe down 7th Avenue, or down 8th
09:27:46 Avenue or somewhere, to connect with some of the other
09:27:50 parts of the county.
09:27:51 So they were talking about trirail, and I think that

09:27:57 if we could somehow get some dialogue going on
09:28:03 something like that, I think it would behoove the
09:28:05 city.
09:28:06 Because we have a streetcar system.
09:28:08 And right now we are just using it for tourist
09:28:11 attractions, doing its job but I think we could really
09:28:16 do some expansion on it and believe that something
09:28:18 like that, if could you start some dialogue on it, it
09:28:23 would be good.
09:28:23 I would love to hear that.
09:28:25 At some point.
09:28:34 >>ROSE FERLITA: Along that same line, then -- thank
09:28:36 you, Mr. Harrison -- Mary, you are absolutely right.
09:28:40 I think what's happening here is the common
09:28:42 denominator.
09:28:43 All of a sudden with talking about multi-modal
09:28:46 transportation and how one is opposed to compete bug
09:28:50 another is combining with it to make them both
09:28:52 effective.
09:28:52 I was very, very impressed with that, and I think
09:28:55 Linda as well, because I saw lots of nods from her
09:28:58 table, too.

09:28:58 But it was very impressive that so much is being
09:29:01 accomplished and that we have the same infrastructure
09:29:04 to do the same thing.
09:29:05 We are lagging behind and finally doing something
09:29:10 about it.
09:29:10 And in whatever capacity I serve on, I am certainly
09:29:15 willing to be supportive of looking at the different
09:29:17 modes of transportation.
09:29:18 It's not just one anymore.
09:29:21 >>LINDA SAUL-SENA: I was so pleased to see both you
09:29:25 here, and to potentially have a commission that
09:29:27 supports transit.
09:29:31 But I think that what we need to hear is not from you
09:29:35 but from our own transportation department, or perhaps
09:29:39 Hartline, on how these other plans are coming along
09:29:43 rather than separately.
09:29:47 Maybe at the same time that we hear from the
09:29:50 expressway authority we should also ask for Hartline
09:29:53 to let us know.
09:29:55 >>MARY ALVAREZ: That's a good idea, and I appreciate
09:29:58 that.
09:29:59 To me, that meeting Tuesday morning was a motivational

09:30:03 more than anything else.
09:30:03 And since you were weren't here, Mr -- since you were
09:30:08 here, Mr. Mervine, I decided to bring it up at this
09:30:11 time.
09:30:14 It's part of transit.
09:30:19 >>> With council's permission on encouragement, the
09:30:21 presentation we make in November, if we work with
09:30:23 staff and even with Hartline, let's show how this can
09:30:28 overlay and to be moved forward as a coordinated
09:30:30 effort.
09:30:32 So if that would be okay to work with your staff.
09:30:35 So that what comes back is not just us but something
09:30:38 we are all working together on.
09:30:40 >>SHAWN HARRISON: Hartline now is undertaking analysis
09:30:48 on the streetcar to Whiting and I don't know that
09:30:51 they'll be ready at that point but we eagerly look
09:30:54 forward to that report.
09:30:56 Why don't we see if they are ready in November?
09:30:58 This will not be a 10-minute.
09:31:01 We will probably have to move this into some special
09:31:03 discussion meeting or workshop or something.
09:31:06 I'm sure that the public will be interested in this

09:31:08 and become more of an overall transportation summit.
09:31:17 >>> I thank the city for trying to move transit
09:31:19 forward because this committee -- very encouraged by
09:31:23 the mayor's paper.
09:31:24 >>MARTIN SHELBY: Thank you, Mr. Chairman.
09:31:26 Just a reminder to council that although this is being
09:31:29 set far out, you will also have first reading and
09:31:32 second reading scheduled for that day as well.
09:31:34 Normally, under your rules, these kind of staff
09:31:35 reports or unfinished business is set for five
09:31:37 minutes. Do you wish to set a specific time limit or
09:31:41 keep it at five minutes?
09:31:42 However you wish to proceed. Just so there's some
09:31:43 kind of direction to staff.
09:31:47 >>ROSE FERLITA: Weren't we talking about five minutes?
09:31:50 >>SHAWN HARRISON: Well, schedule it for the November
09:31:52 meeting.
09:31:53 I think right now we'll leave it at five minutes and
09:31:55 if it grows from there, we can make adjustments as we
09:32:01 get closer.
09:32:10 >>LINDA SAUL-SENA: Perhaps given the issues, maybe we
09:32:13 should look at the beginning of December.

09:32:15 Like December 7th.
09:32:17 Because we don't have an evening meeting that night.
09:32:19 And we do have an evening meeting the second.
09:32:24 >>SHAWN HARRISON: I would like the east-west connector
09:32:28 and I would like to you come in in that November
09:32:31 meeting.
09:32:31 >>> I can do that, yes, sir.
09:32:32 >>LINDA SAUL-SENA: Maybe set something for a major
09:32:36 discussion on regional transportation issues.
09:32:40 >>> Council, certainly, in addition, if you want to do
09:32:42 something in early November, we certainly could give
09:32:44 an update on the east-west and tell you what we are
09:32:49 doing in working with staff and Hartline in trying to
09:32:53 bring forward a coordinated plan.
09:32:56 We could certainly do that in a very brief way.
09:33:02 >>ROSE FERLITA: This might inconvenience my colleagues
09:33:05 a little bit.
09:33:05 I know what you are interested in terms of the
09:33:07 east-west connector given your representation in East
09:33:11 Tampa but whatever portions of the discussions can be
09:33:13 scheduled before the 21st of November I think that
09:33:17 really would help me and Mr. White in the event that

09:33:20 we do make it to the end of the street here.
09:33:28 But in the event that that can be scheduled, and it's
09:33:31 not too much of an inconvenience, as much as our
09:33:35 interaction and dialogue that we can benefit from,
09:33:37 when go forward someplace else, I think would be
09:33:40 beneficial to most city and counties.
09:33:43 >>SHAWN HARRISON: You're on the agenda for that
09:33:44 meeting and we'll see how big it grows from here.
09:33:47 We are going to try to get as much done on that day as
09:33:49 we can.
09:33:50 >>> And work with your staff --
09:33:56 >> As comprehensive as possible.
09:33:57 >>MARTIN SHELBY: I'm sorry, council, did we have a
09:34:00 vote on that?
09:34:02 >>SHAWN HARRISON: There was in a vote taken?
09:34:05 All in favor signify by saying Aye.
09:34:07 Opposed?
09:34:07 Motion carries.
09:34:08 Thank you.
09:34:09 Item number 4.
09:34:11 Land Development Coordination.
09:34:21 Anyone from Land Development Coordination here?

09:34:25 All right.
09:34:25 Item number 5.
09:34:27 Transportation division.
09:34:30 >>STEVE DAIGNAULT: Administrator, public works utility
09:34:32 services once again.
09:34:34 This item concerns a plaque on the 40th Street bridge
09:34:37 in honor of theron Morris.
09:34:43 >>ROSE FERLITA: Mr. Daignault, just a second.
09:34:46 I'm sorry we were remiss in acknowledging Mr. Carr on
09:34:52 his way out, but too late.
09:34:54 Go ahead.
09:34:54 >>STEVE DAIGNAULT: This bridge on 40th Street will be
09:34:58 a county facility.
09:35:00 We would have to go through the county process as
09:35:02 well.
09:35:03 If the council is interested in us pursuing that, if
09:35:06 you would like to give us some direction, we would be
09:35:08 glad to do that, if city staff doesn't have anything
09:35:16 doing with putting a plaque in his honor on the
09:35:18 bridge.
09:35:19 >>KEVIN WHITE: I would like to ask that we ask staff
09:35:22 to go ahead and move forward with that.

09:35:33 That's an integral part of that process.
09:35:36 So I would like to make sure that we move forward with
09:35:38 that.
09:35:43 That's my motion.
09:35:46 >>JOHN DINGFELDER: Naming or placing a plaque.
09:35:48 >>KEVIN WHITE: Well, we had discussion at the last
09:35:51 meeting that naming the bridge will not be a viable
09:35:56 option but this is just placing a plaque on the bridge
09:35:59 as a memorial to Mr. Morris.
09:36:03 >>SHAWN HARRISON: So we are going the plaque route.
09:36:06 Excellent.
09:36:07 Motion and second.
09:36:09 Any discussion on this?
09:36:11 All in favor signify by saying Aye.
09:36:13 (Motion carried).
09:36:15 >>KEVIN WHITE: How long do you think it will take to
09:36:16 get an answer on that?
09:36:19 >>STEVE DAIGNAULT: Certainly long before the bridge
09:36:21 gets constructed.
09:36:22 I don't know how long the process will take but we'll
09:36:25 pursue it and keep you informed.
09:36:26 >>SHAWN HARRISON: Thank you, Steve.

09:36:29 You are here on item number 6 as well.
09:36:30 >>STEVE DAIGNAULT: Item number 6 as well.
09:36:33 Item number 6 is a question on the contract
09:36:37 administration department, what contained of progress
09:36:39 have we made?
09:36:40 >>JOHN DINGFELDER: Let me clarify something.
09:36:42 I made the motion.
09:36:44 It was actually a very friendly motion.
09:36:46 I didn't get a chance to talk to you between this week
09:36:49 and last week.
09:36:49 From my experience, and my observation, and you can
09:36:58 tell me different if you think differently, but I just
09:37:01 wanted you to tell us and the public about the
09:37:04 department and what you all are doing, how it's
09:37:06 different from how we used to operate and where we are
09:37:09 going from here.
09:37:09 >>STEVE DAIGNAULT: I'll be glad to do that as brief as
09:37:13 I can be.
09:37:15 At one time, we have had people doing contract
09:37:17 administration in multiple departments.
09:37:21 We have brought them together so we have all the
09:37:23 inspectors, all the contract administration people,

09:37:25 the engineers, the designers, et cetera, all in one
09:37:28 department now.
09:37:30 It helps us stream lane and focus our staff and our
09:37:33 efforts on contract administration.
09:37:36 It also helps us standardize our procedures.
09:37:39 When you have multiple people and multiple departments
09:37:41 doing different things, the bidders are dealing with
09:37:45 multiple different inputs into the city.
09:37:47 Some people have certain standards.
09:37:50 Some people do things a different way.
09:37:51 It was confusing not only on the inside but it was
09:37:54 confusing from the bidders' perspective as well.
09:37:57 So putting it all in one place, standardizing it has
09:38:00 really helped so we have one-stop shopping so to speak
09:38:04 for bidders.
09:38:05 Again talking about construction administration, not
09:38:07 talking about purchasing.
09:38:08 Purchasing is still done separately in Greg Spearman's
09:38:14 department.
09:38:14 We provide regular briefings to all departments, meet
09:38:17 with them at least twice a year, tell them what the
09:38:19 status of their projects are.

09:38:21 We deal more frequently than that with the finance
09:38:24 folks, giving them an update on primarily the
09:38:27 financial requirements, whether there's a change order
09:38:29 required, or the status of the award, or the
09:38:35 advertising of contracts.
09:38:37 So we are able again to put them all together and look
09:38:39 at them all at once and make decisions better, what
09:38:43 should be funded or what we may have to slow down for
09:38:45 whatever reason.
09:38:48 Workforce management -- excuse me.
09:38:53 We also now have it on the web site.
09:38:54 People can go on the web site, see what contracts are
09:38:57 coming up for bid, see statuses, which we are going to
09:39:02 be expanding that effort.
09:39:03 That's just recent.
09:39:05 We also are in the process of putting together a
09:39:08 procedures manual.
09:39:09 It's going to be fairly thick, probably be early next
09:39:12 year before we have that fully completed.
09:39:14 We spent a couple years actually getting that
09:39:17 department up, staffed, and moving forward.
09:39:20 But we can do in there everything from design to

09:39:25 managing design contracts to project and program
09:39:28 management, to construction administration.
09:39:31 Again it's all in one department.
09:39:33 We are putting up better reports with better
09:39:35 information, again, and I think we are dealing with
09:39:39 contractors better through this process.
09:39:42 That's kind of quick and easy.
09:39:48 >>JOHN DINGFELDER: Is there a threshold for
09:39:49 departments that they would --
09:39:57 >>> There is, and David can help me with the number.
09:39:59 But certainly if somebody wants to go through
09:40:01 purchasing for a small project, they can do that.
09:40:06 Typically $25,000 or more, we start getting into.
09:40:09 But it depends on what it is, the depends on whether
09:40:12 it's a structural thing or whether it's going to
09:40:14 involve utilities and that sort of stuff.
09:40:16 So some departments, and parks is probably the one
09:40:21 that does the most other contracting and they have
09:40:26 some landscape architects that can do some design as
09:40:29 well but predominantly we would like all the
09:40:32 construction contracting to go through that one
09:40:34 location.

09:40:34 We make sure again we have the funding right, have the
09:40:37 permitting right, and get it through the City Council
09:40:41 and the financing all correct.
09:40:42 One of the things I did send to the council was a memo
09:40:47 from Wayne Boynton.
09:40:50 They had audited our process and found it to be as
09:40:54 streamlined as we could possibly make it.
09:40:56 We are constantly looking at that, trying to do that.
09:40:58 But again because of requirements, federal
09:41:02 requirements, WMBE requirements, et cetera, we make
09:41:05 sure we hit all the stones.
09:41:07 We do have an audit that showed that some purchases
09:41:10 were being done, and then extended above the limit.
09:41:15 Many of those were done outside or without the
09:41:18 contract administration department's knowledge.
09:41:20 So we issued a directive on how those things should be
09:41:24 dealt with in the fought.
09:41:26 You need to come plug in with contract administration,
09:41:29 get your tracking number, and we are at least aware of
09:41:32 it, and we are able to track those things as we go
09:41:35 forward so that other departments don't make a mistake
09:41:37 and again overobligate the city.

09:41:40 >>JOHN DINGFELDER: David, if I could.
09:41:45 You have ridden this wave before, during and after,
09:41:50 having been here, in the old system as well as the new
09:41:53 system.
09:41:54 Any comments?
09:41:59 >>> I guess my first comment after the department was
09:42:02 created that I was now officially culpable.
09:42:04 I think both inside and out there is now a simpler way
09:42:09 to get information, both, for example, from council
09:42:14 about the status of a project.
09:42:16 You have a place to go as opposed to casting around
09:42:19 between departments trying to find a place.
09:42:21 So I think that has been one significant change.
09:42:24 As Steve alluded to, now that we are on the web, and
09:42:27 you can get bid information, you get plan holder
09:42:32 information within 24 hours after bid is open, you can
09:42:34 get the bid results and how many bidders and what the
09:42:36 numbers were.
09:42:37 We are steadily making progress in those ways.
09:42:43 >>SHAWN HARRISON: I thank you all for the report.
09:42:45 We go back to item number 1.
09:43:00 >> Chuck Walter, stormwater department director.

09:43:04 I submitted a memo.
09:43:05 I think I would like to just sit back.
09:43:07 If you have comments and questions I would like to
09:43:09 have a conversation about where you would like to go.
09:43:18 The city is very interested and the administration has
09:43:21 been very interested in going forward with some type
09:43:23 of skimmer bar, something that we can pick up floating
09:43:28 litter and debris.
09:43:29 We basically approached the topic in two ways.
09:43:31 Initially, basically, we have been installing a number
09:43:33 of trash skimmers and so forth particularly along
09:43:37 river walks.
09:43:38 And as we bring people to the waterfront, we see this
09:43:41 is going to be a Ned for the city.
09:43:44 We have proposed basically a plan about eight, nine
09:43:47 months ago on the way to fund the operations of
09:43:49 this -- of a skimmer barge and that didn't go through
09:43:53 but that does not mean we have stopped looking for
09:43:55 that source.
09:43:56 There are a number of grant opportunities out in the
09:43:58 world of environmental projects that we could use for
09:44:01 the purchase of a vessel of this nature.

09:44:04 And we are continuing to look for ways to find an
09:44:07 operating budget.
09:44:08 And the operating budget is significant, which is
09:44:12 expensive equipment, labor intensive, and so we are
09:44:15 continuing to go down those arenas and look for
09:44:18 opportunities to find an operating -- a funding
09:44:24 source.
09:44:25 >>JOHN DINGFELDER: Mr. Walter, as you said, I don't
09:44:30 think it should go away.
09:44:35 I think as we all drive around the river and the bay
09:44:38 we see floating debris is a continuing problem.
09:44:40 It always has been.
09:44:41 The sad thing is, I have a feeling that the floating
09:44:43 debris, after it gets water logged, and on the bottom
09:44:47 of the bay, you know, and even though we can't see it,
09:44:50 it's there, and it's probably pretty nasty.
09:44:53 So one of the things, I haven't heard a report on, is
09:45:00 have we had serious high-level discussions with other
09:45:04 jurisdictions about sharing the cost of the purchase
09:45:08 of this boat, and also the operation of this boat?
09:45:12 And I think the answer is probably no.
09:45:15 But you can correct me if I am wrong.

09:45:17 And I think that we should.
09:45:19 Because it's everybody's issue.
09:45:22 Temple Terrace has expressed a clear issue.
09:45:24 I serve on the river board.
09:45:25 And the Temple Terrace representative and I have
09:45:27 talked at the river board about this issue.
09:45:30 They are very interested in it.
09:45:31 They could share it.
09:45:32 They could run it one day a we can or else have some
09:45:36 cooperative thing where they could help us fund it.
09:45:41 Hillsborough County has a lot of bayfront property
09:45:42 around the other side, the south end.
09:45:45 And even across the bay in Pinellas.
09:45:54 I think we should figure out a way to do this.
09:45:57 I am not going to belabor the point during this year's
09:46:00 budget process.
09:46:02 But I will next year.
09:46:05 So let's tray to do something between now and then.
09:46:12 >>MARY ALVAREZ: Do we have them where they are
09:46:22 ticketing
09:46:36 We have the Air Force also controls our waters.
09:46:42 Fish and wildlife.

09:46:43 They all have the purview of watching over boaters as
09:46:46 they are watching our waterways.
09:46:49 >>MARY ALVAREZ: So what seems to be the problem?
09:46:50 Because somebody is -- have they been able to ticket
09:46:57 people on this?
09:46:58 >>> Thank you very much for bringing that up.
09:46:59 Because frankly, the volume of material that ends up
09:47:02 in our waterways, we don't believe, is from boaters in
09:47:05 general.
09:47:05 It's coming off of the land surface.
09:47:07 There's in a doubt about it.
09:47:09 The entire city drains to the bay.
09:47:11 That's our bottom line.
09:47:12 Everything, every drop of rain that hits the city ends
09:47:16 up in Tampa Bay and it carries with it floating litter
09:47:20 and debris.
09:47:25 Once it hits the water it stays.
09:47:28 When we walk along Bayshore and Lou at the trash that
09:47:31 accumulates there, that's going all the way up from
09:47:33 Apollo Beach in the south end of the bay.
09:47:36 It's a large watershed that contributes to Tampa Bay.
09:47:39 And what everybody does in the watershed matters.

09:47:42 It contributes to those problems.
09:47:45 >>MARY ALVAREZ: It sounds like to me that we do need a
09:47:48 skimmer barge.
09:47:49 And I believe that if you take Mr. Dingfelder's heed,
09:47:56 and talk to the various other jurisdictions, maybe
09:47:56 there would be a way to fund this.
09:48:02 I would encourage you to do that.
09:48:05 >>SHAWN HARRISON: Ms. Saul-Sena?
09:48:07 >>LINDA SAUL-SENA: I believe you have a grant writer
09:48:09 or you are going to get a grant writer?
09:48:11 >>> We have one now, yes.
09:48:13 >> Excellent.
09:48:13 Let's just put this on her list.
09:48:15 >>SHAWN HARRISON: Thank you.
09:48:17 You're hearing unanimous support for this.
09:48:19 Everyone thinks this is a good idea.
09:48:21 A little late in the game for this year's budget but I
09:48:23 think you're hearing we'll support your efforts in
09:48:26 next year's budget for this.
09:48:27 And I really do think if you talk with the county,
09:48:31 they'll be willing to help with this as well.
09:48:34 >>> I appreciate your encouragement.

09:48:35 >>SHAWN HARRISON: We'll go back to item number 4.
09:48:42 >>CATHERINE COYLE: Land development.
09:48:44 I'm reporting back.
09:48:45 It was requested that we add language to the
09:48:49 instructions for the rezoning application to require,
09:48:51 or to strongly recommend the final site plan passage
09:48:56 be mailed to the registered neighborhood association,
09:49:00 ten days prayer to hearing.
09:49:01 What we did is we added in two separate places on the
09:49:04 instructions, one under exhibit F which is the let
09:49:09 theory goes to the registered neighborhood
09:49:10 associations, it is strongly recommended that all
09:49:14 petitioners requesting a City Council site plan
09:49:16 rezoning approval send a standard copy of the package
09:49:22 to the neighborhood association of record at least ten
09:49:24 days prior to the public hearing.
09:49:26 I noted also, under the notification section, where it
09:49:32 says good neighbor notice, just to recommend it.
09:49:35 I will be notifying the planners upon final site plan
09:49:38 submittal of any applicant, that they should recommend
09:49:41 to the applicant they go ahead and mail one of those
09:49:44 to the association as well, so the association has the

09:49:46 most current plan.
09:49:48 Thank you.
09:49:49 >>SHAWN HARRISON: Any questions on the item?
09:49:51 Thank you, Cathy.
09:49:54 Mr. Martin, you were here on item number 8?
09:49:56 >> Jorge Martin: On item number 8 this is a lease
09:50:04 agreement for the hangar facilities at the airport.
09:50:06 We changed one section.
09:50:08 I would like to substitute the change document to the
09:50:11 one submitted.
09:50:13 The section that I refer you to is number 15, and very
09:50:18 succinct change, to the extent allowed by law and
09:50:26 without waiving the limitations of liability set forth
09:50:28 in Section 768-28 Florida statutes has been added in
09:50:32 response to the American Assurance case, which
09:50:38 certainly calls into question the possibility of
09:50:42 waiving through contract your liability.
09:50:45 So we wanted to make sure those were included.
09:50:49 >>JOHN DINGFELDER: I don't know if you know the answer
09:50:52 to this or if it's an administrative question.
09:50:55 But when I was reading through that agenda item, I
09:50:57 noticed that this year I think it calls for attainment

09:51:05 of the process of 5 or $6 that you a month to the
09:51:09 aviation authority, something like that.
09:51:14 >> Unfortunately, the details about that, that would
09:51:16 be Kirby Rainsberger.
09:51:18 I merely looked at the indemnity and the insurance
09:51:22 provisions, made the necessary changes, but the
09:51:25 subsequent negotiations were carried out by Kirby.
09:51:27 >>JOHN DINGFELDER: I guess what I'm curious about,
09:51:31 it's a revised contract.
09:51:32 Obviously we would like to have had a previous
09:51:36 contract.
09:51:36 I'm wondering fiscally, is the price of rent to the
09:51:42 aviation authority stayed the stadium, gone up?
09:51:45 Donald, maybe you can call over and get that
09:51:48 information and we'll see.
09:51:53 >>> I will be glad to e-mail that to Kirby and have
09:51:56 him respond to you or if council makes a motion.
09:52:01 >>ROSE FERLITA: Mr. Dingfelder, at least you are in a
09:52:03 position where you can enter into dialogue about item
09:52:07 number 8.
09:52:09 Just as a friendly suggestion -- and I have said it
09:52:11 before, between now and the 21st of November, this

09:52:14 is an issue under my consent agenda.
09:52:17 No one has said anything to me about discussion or
09:52:21 anything else.
09:52:23 It's just lack of communication from staff and council
09:52:26 is what it typically is.
09:52:32 These are the tapes of things that should be discussed
09:52:33 with the chairman of that committee or the vice
09:52:35 chairman if the chairman is not available so we can
09:52:37 have some dialogue before.
09:52:43 It's disappointing.
09:52:44 I'm sorry I don't know anything.
09:52:49 I didn't know about a substitute.
09:52:51 >>SHAWN HARRISON: Thank you all very much.
09:52:52 The next item, are requests for reconsideration by the
09:52:56 public.
09:52:56 Anyone in the public who would like to ask for
09:52:58 reconsideration of any item.
09:53:00 Seeing none?
09:53:01 The next item is agendaed public comment.
09:53:03 Anyone that would like to speak on any item that is on
09:53:05 the agenda but has not set for a public hearing.
09:53:12 Very well.

09:53:16 >>> Thank you so much.
09:53:16 My name is THALIA potter, had the privilege of
09:53:24 certificate on the Hillsborough River council.
09:53:30 First I would like to applaud you for working with
09:53:33 other jurisdictions to assume the cost of operating
09:53:38 this.
09:53:39 And I think there was a typo in the minutes.
09:53:41 Instead of deep pollution, it should be de-pollution.
09:53:49 My understanding from the presentations we have had
09:53:52 about this is that not only would it pick up surface
09:53:58 trash, which I'm so happy that it was clarified that
09:54:01 everything that falls in the street, in the city, and
09:54:05 our urban areas, have delivered so much into our
09:54:09 waterways now.
09:54:13 It picks up the surface trash.
09:54:17 I understand it helps with run-off.
09:54:19 And then if it's the right craft, the one we saw, it
09:54:27 reoxygenates the water.
09:54:30 It improves that dissolved oxygen.
09:54:32 And that is going to make a big difference in our
09:54:35 waterway.
09:54:36 My understanding is that it can be put on a trailer

09:54:40 and be taken to different jurisdictions.
09:54:42 So a schedule could be worked out.
09:54:45 I'm not even so sure but what Pinellas County might
09:54:48 need to join with us, because so much debris -- if you
09:54:53 would see the waterways right after a rain event, you
09:54:56 wouldn't want to live there.
09:54:57 Fortunately that doesn't happen every day.
09:54:59 It has lately, hasn't it?
09:55:04 The THC did a brochure about everything that falls on
09:55:10 the Street ends up in the water.
09:55:12 It's amazing.
09:55:13 No one realizes that.
09:55:14 And we did an earth day event.
09:55:17 I just applaud you.
09:55:20 We watch the arrive very closely.
09:55:23 We have a wonderful river board that's very
09:55:25 responsive.
09:55:25 And we think the technique of having the technical
09:55:30 people study the issue and then take it to the river
09:55:33 board has worked very, very well over the years.
09:55:35 And so thank you for looking at this important step
09:55:38 forward to keep our waterways healthy.

09:55:41 Thank you.
09:55:41 >>MARY ALVAREZ: We want to thank you for being so
09:55:47 active.
09:55:48 I know that you live on the river and you have done a
09:55:51 great, great job of bringing all kinds of arguments to
09:55:54 not only the river board but to us.
09:55:56 So I'm just here to thank you so much for being
09:56:00 yourself and taking care of your community as well as
09:56:04 you are.
09:56:06 >>> That is so kind of you, and that emboldens me.
09:56:10 I saw an article yesterday that Tampa Bay water is
09:56:14 looking more strenuously at storage of water at low
09:56:18 tide in the river instead of seeing really treated
09:56:21 wastewater.
09:56:22 We have serious concerns about that.
09:56:23 And we think this is a much better procedure.
09:56:26 Thank you so much for your time.
09:56:28 >>SHAWN HARRISON: Thank you, ma'am.
09:56:32 The issue that she just raises that council hasn't had
09:56:35 a chance to talk about, and I guess I would like to
09:56:38 schedule a report in maybe several weeks.
09:56:47 >>MARY ALVAREZ: From Tampa Bay water?

09:56:49 >>LINDA SAUL-SENA: Tampa Bay water, SWFWMD, our water
09:56:52 department.
09:56:52 >>MARY ALVAREZ: Are you talking about downstream?
09:56:55 >>LINDA SAUL-SENA: Well, we just got a finding on what
09:56:58 the minimum flow should be, and it's being discussed.
09:57:01 And there's a big public hearing on the 26th.
09:57:10 I guess it would make sense to hear about it before,
09:57:13 not after.
09:57:14 >>MARY ALVAREZ: Not a bad idea.
09:57:17 The Tampa Bay Regional Planning Council.
09:57:20 I think that presentation of that source, like a 25
09:57:28 minute presentation, but she could come up and talk to
09:57:30 us, because it's a very, very important subject as far
09:57:34 as our drinking water is concerned.
09:57:40 >>LINDA SAUL-SENA: I don't see before the 26th.
09:57:42 We have so much stuff going on.
09:57:44 Maybe the 28th?
09:57:46 And at least learn what happened.
09:57:48 At 10:00?
09:57:51 Yeah, 10:00.
09:58:05 Is the meeting on the 26th, September, October?
09:58:09 Oh, I'm sorry, we could do it on the 19th.

09:58:12 That would be good.
09:58:14 >>SHAWN HARRISON: Do you want a staff report?
09:58:17 >>LINDA SAUL-SENA: A report by Paula dye at 10:00, and
09:58:26 also --
09:58:27 >>MARY ALVAREZ: Second.
09:58:27 >>MARTIN SHELBY: Is it a time certain when council
09:58:30 will stop at that time?
09:58:31 Or do it under --
09:58:33 >>SHAWN HARRISON: I think we should just put it under
09:58:35 unfinished business.
09:58:47 >>MARTIN SHELBY: A remainder all the hearings we have
09:58:49 set for 9:30 and 10:00 that at what point in time will
09:58:54 council --
09:58:55 >>LINDA SAUL-SENA: Let's make it 11:00.
09:58:57 >>SHAWN HARRISON: 11:00 time certain on that date.
09:59:02 >>LINDA SAUL-SENA: With Paula Dye and also Alan.
09:59:07 >>SHAWN HARRISON: Motion and second.
09:59:08 (Motion carried).
09:59:09 >> My name is Moses Knott, Jr.
09:59:18 I reside at 2902 East Ellicott street three nights a
09:59:22 week and I just thank God for his grace and his mercy.
09:59:25 Especially today.

09:59:27 And I thank God for his grace and his mercy.
09:59:33 You know, this earth quake and this -- whoo, it's
09:59:43 freaking me out.
09:59:44 You know, I pray to God.
09:59:46 24 chapter Matthew, wicked people.
09:59:53 Read 27.
09:59:59 Told the Bucs play ball, everybody.
10:00:03 Shaking life a leave on the tree.
10:00:06 But now talking about this dead cat on the line.
10:00:08 I been waiting to see what you all going to do about
10:00:11 that.
10:00:11 You know, this animal got shot down, like shoot a
10:00:15 bulldog or anything.
10:00:16 And I come to find out.
10:00:18 I just been waiting to see what you all going to do
10:00:21 about it.
10:00:22 You all should have had animal rights people in here
10:00:24 this morning.
10:00:29 Should be shut down right now.
10:00:38 Let the cat out.
10:00:39 You know, you all, we I don't know how things can
10:00:50 happen and go untouched.

10:00:54 You all come to my part of town and for three city
10:00:58 blocks get all the people's dogs and put people in
10:01:01 jail, on the TV.
10:01:06 And come in this morning, oh, she got what she wanted,
10:01:16 she's gone.
10:01:17 What about the dead animal?
10:01:21 You have a dead cat and nobody said nothing about it.
10:01:23 That cat should have never got killed.
10:01:38 The man should have been in jail.
10:01:39 I mean behind the bars.
10:01:41 You all haven't said nothing.
10:01:45 People should be all over the world with T-shirts on.
10:01:49 And I am going to raise some hell on the animal
10:01:51 rights.
10:01:52 Too much stuff happens to animals and you all shoot
10:01:54 all the bulldogs down.
10:01:56 Now you all shooting the cats down.
10:01:58 I can't believe this happened.
10:02:01 I watched you all.
10:02:05 I watch you all.
10:02:07 See what you all gonna do.
10:02:12 They got a dead cat on the line and ain't nobody did

10:02:15 nothing about it.
10:02:16 >>SHAWN HARRISON: Thank you, Mr. Knott.
10:02:17 Would anyone else from the public like to speak to any
10:02:21 item on the agenda?
10:02:24 Committee reports.
10:02:24 Actually, item number 7 is an ordinance for first
10:02:28 reading.
10:02:29 Do we have the ordinance?
10:02:38 Mrs. Saul-Sena, would you do number 7?
10:02:40 >>LINDA SAUL-SENA: I would like to read the following
10:02:42 ordinance for first reading, an ordinance of the city
10:02:44 of Tampa, Florida making comprehensive revisions to
10:02:46 chapter 3, alcoholic beverages code, of the City of
10:02:49 Tampa code of ordinances amending section 3-30
10:02:52 alcoholic beverage zoning classification, and amending
10:02:55 section 3-70 general guidelines, providing for repeal
10:02:59 of all ordinances in conflict, providing for
10:03:02 severability, providing an effective date.
10:03:03 >>SHAWN HARRISON: We have a motion and second.
10:03:05 We have a second.
10:03:07 Any discussion on the motion?
10:03:10 >>MARY ALVAREZ: One question.

10:03:12 This is not including what we talked about last week
10:03:16 about.
10:03:26 >> Right.
10:03:27 >>SHAWN HARRISON: Further discussion on the motion?
10:03:28 All in favor signify by saying Aye.
10:03:31 Opposed?
10:03:32 Motion carried.
10:03:36 >>DAVID SMITH: David Smith, city attorney.
10:03:37 Made a phone call to find out some of the information
10:03:39 Mr. Dingfelder was requesting.
10:03:41 We were unable to get Kirby Rainsberger, currently in
10:03:45 a staff meeting, over here but the issue relates to
10:03:47 another provision in the contract.
10:03:48 It calls for payment of a certain dollar amount for
10:03:52 services in lieu.
10:03:56 And there's been a long history of authority between
10:04:00 with TPD.
10:04:02 It's not a payment of money that occurs.
10:04:04 We have overlapping jurisdiction.
10:04:05 We address those issues by providing services.
10:04:08 >>SHAWN HARRISON: Thank you for the clarification.
10:04:10 That was number 8.

10:04:12 Committee reports.
10:04:12 Public safety.
10:04:13 >>ROSE FERLITA: Are we okay to go with item 8, Mr.
10:04:17 Smith?
10:04:18 As the substitute?
10:04:22 >>DAVID SMITH: Yes, ma'am.
10:04:24 Rose Ross you already heard my comments.
10:04:26 Okay.
10:04:26 Before I move 8, 9 and 10, one quick question.
10:04:30 I had a call from someone who is concerned about what
10:04:32 we were doing on item 9.
10:04:35 Very quickly, the TPD mounted patrol.
10:04:39 This is the same issue that we do with the -- an
10:04:49 effort to put them into home as opposed to, God
10:04:54 forbid, euthanize.
10:04:56 We give them to the officer that built the
10:04:59 relationship.
10:05:00 And for the one given to our former colleague Mr.
10:05:04 Miranda.
10:05:04 But that Mr. Miranda had given this horse to TPD, it
10:05:08 was deputy chief bushel.
10:05:13 It was his horse to give to us and now the horse is

10:05:15 ready to retire, so we are giving him back to Mr.
10:05:18 Miranda.
10:05:19 >>JOHN DINGFELDER: I saw the horse's name was Miranda.
10:05:22 And Charlie is going to get it back.
10:05:25 Do you think his wife is going to get confused?
10:05:27 >>ROSE FERLITA: It's going to be Miranda-Miranda and
10:05:30 company.
10:05:30 I will move 8, 9 and 10.
10:05:33 >>SHAWN HARRISON: We have a motion and second.
10:05:34 (Motion carried)
10:05:35 Parks, recreation, culture, Ms. Alvarez, chair.
10:05:40 >>MARY ALVAREZ: I move item 11.
10:05:42 >> Second.
10:05:43 (Motion carried).
10:05:43 >>SHAWN HARRISON: Public Works Committee, Mr.
10:05:47 Dingfelder, chair.
10:05:47 >>JOHN DINGFELDER: Yale move items 12 through 15.
10:05:52 >> Second.
10:05:52 >>SHAWN HARRISON: Motion and second to move items 12
10:05:56 through 15.
10:05:56 (Motion carried)
10:05:58 Planning committee, Mr. Kevin White, chair.

10:06:00 >>KEVIN WHITE: Move items 16 through 27.
10:06:06 >> Second.
10:06:06 >>SHAWN HARRISON: Discussion on the motion?
10:06:08 (Motion Carried)
10:06:10 Building, Zoning and Preservation Committee, Ms. Linda
10:06:13 Saul-Sena, chair.
10:06:14 >>LINDA SAUL-SENA: I'd like to move resolution 28
10:06:23 through 44.
10:06:25 >> Second.
10:06:25 (Motion carried).
10:06:27 Transportation committee, Ms. Alvarez, vice chair.
10:06:32 >>MARY ALVAREZ: I would like to move items 45 through
10:06:39 59.
10:06:40 >> Second.
10:06:40 >>SHAWN HARRISON: Items 47 through 59 are new business
10:06:45 but we can move those as well.
10:06:46 Any discussion on that motion?
10:06:48 All in favor signify by saying Aye.
10:06:51 Motion carried.
10:06:52 All right.
10:06:54 We are now on our public hearing, item number 60.
10:07:03 Ordinance being presented for second reading.

10:07:20 We are on items 60 through 65.
10:07:22 We are now on 60 through 65.
10:07:25 Is there anyone in the audience that would like to
10:07:27 speak to any of these items?
10:07:28 Pleas stand up and raise your right hand to be sworn
10:07:31 in.
10:07:32 Okay, very well.
10:07:35 Have a motion to open item number 60.
10:07:39 (Motion carried).
10:07:40 Anyone in the public that would like to speak on item
10:07:42 number 60?
10:07:43 >> Move to close.
10:07:43 >> Second.
10:07:44 (Motion carried).
10:07:44 >>MARTIN SHELBY: With any of these hearings today, if
10:07:50 you have had any verbal communication with any
10:07:52 petitioner or anybody, member of the public in
10:07:55 connection with the hearing, please disclose that
10:07:57 prior to the vote.
10:07:58 Thank you.
10:08:00 >>GWEN MILLER: Mr. White, would you take item 60,
10:08:03 please.

10:08:03 >>KEVIN WHITE: Thank you.
10:08:05 Move to an ordinance making lawful the sale of
10:08:09 beverages containing alcohol regardless of alcoholic
10:08:11 content, beer, wine and liquor 4(COP-R) for
10:08:13 consumption on the premises only in connection with a
10:08:16 restaurant business establishment on that certain lot,
10:08:18 plot or tract of land located at 10509 north Nebraska
10:08:21 Avenue, Tampa, Florida as more particularly described
10:08:23 in section 2 hereof, waiving certain restrictions as
10:08:26 to distance based upon certain findings, providing for
10:08:29 repeal of all ordinances in conflict, providing an
10:08:31 effective date.
10:08:33 >> We have a motion.
10:08:34 We have a second.
10:08:35 Discussion on the motion?
10:08:37 Voice roll call.
10:08:41 >>JOHN DINGFELDER: Yes.
10:08:42 >>LINDA SAUL-SENA: Yes.
10:08:43 >>MARY ALVAREZ: Yes.
10:08:45 >>ROSE FERLITA: Yes.
10:08:48 >>KEVIN WHITE: Yes.
10:08:51 >>SHAWN HARRISON: Yes.

10:08:54 Item number 61.
10:08:56 Need a motion to open.
10:08:58 >> So moved.
10:08:58 >> Second.
10:08:59 (Motion carried).
10:08:59 >>SHAWN HARRISON: Would anyone in the public like to
10:09:03 speak on item 61?
10:09:05 >> Move to close.
10:09:05 >> Second.
10:09:05 (Motion carried).
10:09:06 >>ROSE FERLITA: Like to move the following ordinance
10:09:10 upon second reading, an ordinance making lawful the
10:09:13 sale of beverages containing alcohol regardless of
10:09:15 alcoholic content beer, wine and liquor 4(COP-R) for
10:09:17 consumption on the premises only in connection with a
10:09:20 restaurant business establishment on that certain lot,
10:09:22 plot or tract of land located at 4215 west
10:09:25 Hillsborough Avenue, Tampa, Florida more particularly
10:09:27 described in section 3 hereof waiving certain
10:09:29 restrictions as to distance based upon certain
10:09:32 findings, providing for repeal of all ordinances in
10:09:35 conflict, providing an effective date.

10:09:35 >>SHAWN HARRISON: We have a motion and discussion
10:09:41 second.
10:09:41 Discussion on the motion?
10:09:43 >>MARY ALVAREZ: I am going with to continue to vote in
10:09:45 a on this because it's right next door to the Anderson
10:09:48 elementary school and right across the street there's
10:09:51 a church, and right next to the Alexander there's a
10:09:57 recreation center.
10:09:58 Too close and I think a 4(COP) would have been just
10:10:00 enough.
10:10:01 They don't need a 4(COP-R).
10:10:02 >>LINDA SAUL-SENA: You mean a 2?
10:10:12 >>MARY ALVAREZ: No, they had a 4(COP-R).
10:10:15 Whatever.
10:10:16 They had a -- [ Laughter ]
10:10:20 >> Beer and wine.
10:10:22 >> You can drink beer and drink wine with your wings.
10:10:27 >>ROSE FERLITA: I would agree with Mrs. Alvarez in
10:10:31 those cases but for the record, I read the ordinance
10:10:34 and I am supporting it because they have been there
10:10:35 for a long time, they have established themselves
10:10:40 there in terms of reputability and it's an "R" so

10:10:46 there's no --
10:10:50 >>SHAWN HARRISON: Mrs. Saul-Sena?
10:10:51 >>LINDA SAUL-SENA: I will agree with Mrs. Alvarez for
10:10:53 all those reasons that she stated and I encourage my
10:10:56 colleagues to also vote against this because of its
10:10:59 proximity to the school and church.
10:11:03 >>SHAWN HARRISON: Roll call vote.
10:11:07 >>JOHN DINGFELDER: Motion is to approve?
10:11:11 >>LINDA SAUL-SENA: No.
10:11:12 >>MARY ALVAREZ: No.
10:11:15 >>SHAWN HARRISON: Yes.
10:11:17 >>ROSE FERLITA: Yes.
10:11:18 >>KEVIN WHITE: Yes.
10:11:19 >>SHAWN HARRISON: After the vote is done, would you
10:11:28 please read the result of the vote?
10:11:30 >>THE CLERK: Motion carried 4 to 2 with Saul-Sena and
10:11:34 Alvarez voting no, Miller absent.
10:11:37 >>SHAWN HARRISON: Thank you.
10:11:38 Item number 62.
10:11:43 >> Move to open.
10:11:43 >>: Second.
10:11:44 (Motion carried).

10:11:44 >>SHAWN HARRISON: Anyone in the public that would like
10:11:47 to speak to item 62?
10:11:48 >> Move to close.
10:11:49 >> Second.
10:11:49 (Motion carried).
10:11:51 >>MARY ALVAREZ: I move to adopt the following
10:11:55 ordinance upon second reading, an ordinance making
10:12:01 lawful the sale of beverages containing alcohol
10:12:03 regardless of alcoholic content, beer Wayne and
10:12:06 liquor, 4(COP-R), for consumption on premises only in
10:12:08 connection with a restaurant business establishment on
10:12:10 that certain lot, plot or tract of land located at
10:12:13 1701 west Waters Avenue, Tampa, Florida, as more
10:12:16 particularly described in section 3 hereof, waiving
10:12:19 certain restrictions as to distance based upon certain
10:12:21 findings, providing for repeal of all ordinances in
10:12:25 conflict, providing an effective date.
10:12:28 >>SHAWN HARRISON: Motion and second on item 62.
10:12:30 Discussion on the motion?
10:12:31 Roll call vote.
10:12:34 >>JOHN DINGFELDER: Yes.
10:12:35 >>LINDA SAUL-SENA: Yes.

10:12:36 >>MARY ALVAREZ: Yes.
10:12:39 >>SHAWN HARRISON: Yes.
10:12:41 >>ROSE FERLITA: Yes.
10:12:42 >>KEVIN WHITE: Yes.
10:12:42 >>THE CLERK: Motion carried unanimously with Miller
10:12:47 absent.
10:12:49 >>SHAWN HARRISON: 63.
10:12:52 >> Move to open.
10:12:53 >> Second.
10:12:53 (Motion carried).
10:12:54 >> Is there anyone in the public that would like to
10:12:57 speak to item 63?
10:12:59 >> Move to close.
10:12:59 >> Second.
10:12:59 (Motion carried).
10:13:00 >>LINDA SAUL-SENA: I move the following ordinance upon
10:13:03 second reading, an ordinance making lawful conditional
10:13:06 sale of beverages containing alcohol of more than 1%
10:13:09 by weight and not more than 14% by weight and wines
10:13:12 regardless of alcoholic content, beer and wine 2(COP),
10:13:16 for consumption on premises and in sealed containers
10:13:18 for consumption off premises at or from that certain

10:13:21 lot, plot or tract of land located at 410 South Howard
10:13:25 Avenue, Tampa, Florida, as more particularly described
10:13:27 in section 2 hereof, waiving certain restrictions as
10:13:30 to distance based upon certain findings, imposing
10:13:33 certain conditions, providing for repeal of all
10:13:35 ordinances in conflict, providing an effective date.
10:13:37 >>SHAWN HARRISON: We have a motion and second.
10:13:40 Any discussion on the motion?
10:13:42 >>ROSE FERLITA: For the record very briefly, Mr.
10:13:44 Harrison, I'm sorry that I cannot support this
10:13:46 gentleman.
10:13:46 I know he has raving reviews about his food and
10:13:50 services, et cetera, but the fact that he is on Howard
10:13:52 Avenue, becoming more an intense alcohol
10:13:55 classification than it was, because of the fact it's
10:14:00 not 2(COP-R) in terms of taking liquor off premises.
10:14:04 That's the reason I won't support it.
10:14:08 >>SHAWN HARRISON: Any further discussion?
10:14:09 Mr. Dingfelder?
10:14:10 >>JOHN DINGFELDER: As I recall, this is the one that
10:14:13 we did a conditional.
10:14:18 Based upon the fact that we made some special

10:14:21 conditions, and the neighborhood was in support, I'll
10:14:23 support it.
10:14:25 >>SHAWN HARRISON: Mr. Dingfelder, would you read that
10:14:27 ordinance?
10:14:29 >>LINDA SAUL-SENA: I already read it.
10:14:30 >>SHAWN HARRISON: Voice roll call.
10:14:34 >>LINDA SAUL-SENA: Is it conditional?
10:14:35 Okay, good.
10:14:38 >>JOHN DINGFELDER: Yes.
10:14:39 >>LINDA SAUL-SENA: Yes.
10:14:40 >>MARY ALVAREZ: Yes.
10:14:43 >>SHAWN HARRISON: Yes.
10:14:46 >>ROSE FERLITA: No.
10:14:47 >>KEVIN WHITE: Yes.
10:14:47 >>THE CLERK: Motion carried with Ferlita voting no,
10:14:53 Miller absent.
10:14:56 >> Move to open 64.
10:14:57 >> Second.
10:14:58 (Motion carried).
10:14:58 >>SHAWN HARRISON: Is there anyone in the public who
10:15:01 would like to speak on 64?
10:15:03 >> Move to close.

10:15:04 >>SHAWN HARRISON: Ma'am, were you sworn in earlier?
10:15:06 (Oath administered by Clerk).
10:15:16 >>> I'm an attorney.
10:15:16 My name is Nancy termnello, representing BJ clubs.
10:15:28 I'm available if in case you have any questions.
10:15:30 Thank you.
10:15:30 >>SHAWN HARRISON: Is there anyone else in the public
10:15:33 that would like to speak on 64?
10:15:35 >> Move to close.
10:15:36 >> Second.
10:15:36 (Motion carried).
10:15:36 >>JOHN DINGFELDER: I'll move an ordinance upon second
10:15:41 reading, an ordinance making lawful sale of beverages
10:15:43 regardless of alcoholic content, beer, wine and
10:15:44 liquor, 3 PS in, sealed containers for couples off
10:15:48 premises only at or from that certain lot, plot or
10:15:51 tract of land located at 6290 commerce palms drive,
10:15:54 Tampa, Florida as more particularly described in
10:15:56 section 2 hereof waiving certain restrictions as to
10:15:58 distance based upon certain findings, providing for
10:16:01 repeal of ordinances in conflict, providing an
10:16:04 effective date.

10:16:04 >>SHAWN HARRISON: We have a motion and second.
10:16:07 Discussion on the motion?
10:16:08 Roll call.
10:16:08 >>JOHN DINGFELDER: Yes.
10:16:11 >>MARY ALVAREZ: Yes.
10:16:15 >>SHAWN HARRISON: Yes.
10:16:16 >>ROSE FERLITA: Yes.
10:16:17 >>KEVIN WHITE: Yes.
10:16:18 >>THE CLERK: Motion carried unanimously with Saul-Sena
10:16:21 and Miller absent.
10:16:25 >> Move to open number 65.
10:16:27 >> Second.
10:16:27 (Motion carried).
10:16:27 >>SHAWN HARRISON: Is there anyone in the public that
10:16:30 would like to speak on item 65?
10:16:32 >> Move to close.
10:16:33 >> Second.
10:16:34 (Motion carried).
10:16:34 >>KEVIN WHITE: Move the following ordinance upon
10:16:39 second reading, move an ordinance making lawful the
10:16:41 sale of beverages regardless of alcoholic content more
10:16:45 than 1% by weight and not more than 14% by weight and

10:16:48 wines regardless of alcoholic content, beer and wine,
10:16:51 2(APS), in sealed containers for consumption off
10:16:53 premises only at or from that certain lot, plot or
10:16:57 tract of land located at 6290 commerce palms drive,
10:17:01 Tampa, Florida as more particularly described in
10:17:03 section 2 hereof, waiving certain restrictions as to
10:17:06 distance based upon certain findings, providing for
10:17:09 repeal of all ordinances in conflict, providing an
10:17:11 effective date.
10:17:11 >>SHAWN HARRISON: We have a motion and a second.
10:17:14 Any discussion on the motion?
10:17:16 Roll call vote.
10:17:18 >>JOHN DINGFELDER: Yes.
10:17:20 >>MARY ALVAREZ: Yes.
10:17:24 >>SHAWN HARRISON: Yes.
10:17:25 >>ROSE FERLITA: Yes.
10:17:26 >>KEVIN WHITE: Yes.
10:17:28 >>THE CLERK: Motion carried unanimously with Saul-Sena
10:17:30 and Miller absent.
10:17:33 >>SHAWN HARRISON: Thank you.
10:17:34 Is there anyone in the public that is here to speak on
10:17:37 items 66 through 71?

10:17:40 If so, would you please stand up and raise your rate
10:17:42 hand to be sworn?
10:17:47 >>THE CLERK: Do you solemnly swear or affirm to tell
10:17:51 the truth, the whole truth and nothing but the truth?
10:17:54 >>SHAWN HARRISON: Thank you.
10:17:55 Item number 66 is a continued public hearing.
10:18:03 >>> Barbara Lynch, Land Development Coordination.
10:18:05 I will be using the Elmo.
10:18:07 >>MARTIN SHELBY: Have you been sworn in, Ms. Lynch?
10:18:15 >>> Yes, I have, I'm sorry.
10:18:19 I will need the Elmo, please.
10:18:35 This is a continued public hearing.
10:18:37 And council directed the right-of-way staff to try and
10:18:40 come up with solutions to the dead-ending of an
10:18:45 alleyway.
10:18:46 This is in the general location of Columbus and
10:18:48 22nd street.
10:18:53 Petitioner has requested to vacate an alleyway lying
10:18:56 between 18th and 17th Avenues.
10:19:01 Running from 22nd street to 24th street.
10:19:04 I have several pictures.
10:19:06 Would you like to see those again?

10:19:08 >>SHAWN HARRISON: Please.
10:19:26 >>> This is the alley looking east along petitioner's
10:19:28 property.
10:19:38 This is the alley looking east from the rear of the
10:19:40 petitioner's property.
10:19:47 This alley is about mid block and looking east from
10:19:51 24th street.
10:19:57 This is the alley looking west from 24th street.
10:20:05 This is the alley continuing east across 24th
10:20:08 street not being vacated.
10:20:09 We just wanted to show the continuation of the alley.
10:20:22 This is petitioner's property along --
10:20:25 >> Where is the alley?
10:20:33 >>> I believe that photo is this portion outside the
10:20:36 alley.
10:20:41 We have two pieces on the alley.
10:20:46 >>LINDA SAUL-SENA: Is this in the Barrio Latino area?
10:20:50 >>> No, it is not.
10:21:06 >>> That is this building with the alley to the south.
10:21:10 This is the northern portion of the petitioner
10:21:12 property.
10:21:13 On 27th Street.

10:21:39 I came up with a few solutions.
10:21:40 I know there was one, one in a did object.
10:21:46 And Mr. ROJAS did send me a letter saying he does not
10:21:52 object to dead-ending the alley because he would enter
10:21:55 from the east and exit from the east.
10:21:57 And apparently at this point, that man is Mr. Holtz,
10:22:01 is located at this property.
10:22:03 Apparently what's been happening out here is people
10:22:05 are coming in here and exiting out a vacant lot
10:22:10 instead of continuing down the alley.
10:22:12 There's in a curb cut at 22nd street.
10:22:17 Some of the options that we came up with, I went to
10:22:21 Calvin Thornton of transportation.
10:22:29 The first option would be that the petitioner give up
10:22:32 easements over these 20 by 20-foot strips.
10:22:35 So that cars can come in and turn around.
10:22:44 A second option is to take a 20-foot strip as an
10:22:48 easement so that the traffic can turn at 18th
10:22:52 street.
10:22:56 A third option is the same but going down to 17th.
10:23:00 The problem is there are some trees, so that will
10:23:04 probably not be available option.

10:23:05 Then, fourth, you could dead-end the alleyway.
10:23:08 I know that petitioner has agreed to put signs up.
10:23:17 >>LINDA SAUL-SENA: In terms of a public purpose,
10:23:19 doesn't the city sort of want the rest of the people
10:23:22 to be able to use the alley functionally?
10:23:26 So wouldn't your recommendation be the -- I think it
10:23:29 was the second option, which allows the northerly
10:23:34 access?
10:23:41 >>> Exit out that way.
10:23:43 >> In terms of the public representing city.
10:23:50 Just because I don't have a lot of knowledge of how
10:23:52 much traffic goes down that alley, he's indicated that
10:23:58 most of the people that live on it and we do have
10:24:00 concern about closing the alleyway because there are
10:24:04 houses that have gates in the rear and there is one
10:24:07 property on 17th street that does not have access
10:24:09 from the road, that we need the alley access.
10:24:12 >> So staff recommendation is for option 2?lynch
10:24:19 You're supposed to be representing community.
10:24:21 >>> Well, transportation gave me the three options and
10:24:23 I am not a transportation engineer.
10:24:25 >> What's their choice?

10:24:27 >>> They gave me the three choices.
10:24:28 Calvin did not commit to any.
10:24:32 He said any of the three that petitioner agreed to
10:24:35 would be fine because it would event the dead-ending
10:24:38 of the alleyway.
10:24:42 >> It just strikes me that --
10:24:47 >>> Probably the best would be to go to the one.
10:24:49 >>MARY ALVAREZ: Could you show option 2 again?
10:24:53 >>JOHN DINGFELDER: Yes.
10:24:54 Show us option 2.
10:24:58 >>LINDA SAUL-SENA: Because option 3 has the trees,
10:25:00 right?
10:25:00 >>> I believe so.
10:25:04 >>MARY ALVAREZ: Who does that property belong to that
10:25:06 we are asking the easement for?
10:25:08 >>> It's the petitioner.
10:25:10 >> He owns all that property?
10:25:12 >>> He owns 8, 9, 10 and 11.
10:25:16 >> I wasn't aware of that.
10:25:17 >> So it's sort of a swap-out.
10:25:19 We are giving him the red.
10:25:21 He's giving us the yellow. And my question, go to

10:25:25 option 1, which I think is the "T."
10:25:30 The problem I have with that, and maybe we could
10:25:33 confirm that with Calvin if he's here.
10:25:35 But if I'm driving a little U-haul or something like
10:25:38 that and I get up to the end of that, you can't
10:25:41 maneuver.
10:25:43 >>> I think this is just for a regular vehicle.
10:25:45 >>JOHN DINGFELDER: If you're pulling anything you
10:25:48 couldn't maneuver in that little "T" area.
10:25:50 So I don't think it's very functional.
10:25:53 I like option 2. Anyway, let's hear from petitioner.
10:25:59 >>MARY ALVAREZ: I like the idea --
10:26:03 >>LINDA SAUL-SENA: I like the idea of getting
10:26:05 recommendations with options.
10:26:07 >>SHAWN HARRISON: Does that conclude your
10:26:08 presentation?
10:26:10 >>BARBARA LYNCH: Staff had no objection as long as the
10:26:12 easement was reserved for Verizon and TECO.
10:26:17 >>SHAWN HARRISON: Thank you.
10:26:18 Petitioner?
10:26:23 >>> Good morning.
10:26:24 We did --
10:26:26 >> Would you please put your name and address.

10:26:29 >>> Jose ROJAS.
10:26:32 >> Have you been sworn?
10:26:33 >>> Yes, I have.
10:26:34 Thank you.
10:26:35 I tried to work with staff on different options per
10:26:40 Mr. Dingfelder's request and the thing he had brought
10:26:42 up originally at the last meeting is the possibility
10:26:44 of making a turn-around or T-back on-site.
10:26:48 If you tried to make an exit to the south there are
10:26:50 some oak trees, and council is not going to want to
10:26:58 remove, turning to the right and then north.
10:27:00 There are trees, they are palm trees.
10:27:02 They could be removed.
10:27:10 We are working with different people trying to figure
10:27:12 out hop is going to lease the building.
10:27:14 Depending upon the configuration that I leave may
10:27:16 greatly affect who I can and can't lease the building
10:27:20 to.
10:27:20 By giving up 20 feet behind the building, running from
10:27:24 south to north from the alley, that's going to cut
10:27:30 greatly into the amount of property that's behind the
10:27:32 building.

10:27:34 If there's any amount of parking necessary for
10:27:37 whomever is going to take the building.
10:27:39 So my respectful request would be that if we can't
10:27:46 dead-end the alley to go to T-back.
10:27:48 I spoke with Calvin, also.
10:27:50 And I actually asked him about the T-back and having
10:27:54 it be a smaller size than 20 feet, than what -- what
10:27:58 he basically shared with me he thought it would be
10:28:00 necessary to have 20 feet so it would accommodate more
10:28:03 than just a normal vehicle.
10:28:08 >>JOHN DINGFELDER: Mr. ROJAS, I don't know if you know
10:28:12 the answer to this or staff.
10:28:13 How wide was the alley right now?
10:28:16 >>> 10 feet.
10:28:17 It's actually deeded 10 feet.
10:28:19 The fence -- and of course they can be moved at a
10:28:22 later date -- 15 feet, where it affects the rear of
10:28:27 the property.
10:28:27 >> That's a funny coincidence.
10:28:29 Way was going to say was, I couldn't figure out why we
10:28:31 were asking you for 20 feet to go to the north there
10:28:34 all the way to the Street there, when in fact the

10:28:37 alley is 10 feet, and now you are telling me the fence
10:28:40 is 15.
10:28:41 I think if we went 15 feet, it would be a reasonable
10:28:44 request of you.
10:28:46 And I really think that it's a trade-off.
10:28:49 Like we were showing Mary before, the city would be
10:28:52 giving you the red and you would be giving us the
10:28:54 yellow.
10:28:55 If we could narrow it down to 15 fate it wouldn't be
10:28:58 as much burden on your potential tenant and I think
10:29:00 it's a reasonable trade-off.
10:29:03 >>> And again, I am obviously going to appreciate
10:29:06 anything you can do for me to remove it from its
10:29:09 present position.
10:29:10 Because right now, there are three parcels.
10:29:13 I know there are a lot of different situations.
10:29:18 But just to tell you, there's three parcels.
10:29:20 One parcel is actually bisected by the alley.
10:29:26 That's one of the reasons to try to --
10:29:31 >>JOHN DINGFELDER: And we want to accommodate you.
10:29:32 >>SHAWN HARRISON: You're okay with option 2 if we
10:29:35 reduce that to 15 feet?

10:29:36 I know you maybe prefer one of the others.
10:29:39 >>> Mr. Harrison, any kind of relief that I can get I
10:29:42 am going to appreciate.
10:29:44 From the options given, my first option would be the
10:29:46 number 4.
10:29:47 My second option would be number 1.
10:29:51 And number 2 -- excuse me, number 3, I think it is.
10:29:56 Whichever one doesn't affect the oak tree would be my
10:29:59 third option.
10:30:02 >>MARY ALVAREZ: Are any city trucks going through this
10:30:08 alley at all?
10:30:10 >>> No, ma'am.
10:30:10 That was brought up.
10:30:13 >>> I don't believe so but we have people from
10:30:19 transportation.
10:30:22 >>> It's actually areas that are mowed are mowed by
10:30:27 the people who abut it and the city doesn't come out
10:30:30 and improve the alley.
10:30:33 The gentleman who had shown up at the first hearing,
10:30:37 Benjamin Holt, he actually kept the portion from what
10:30:43 abuts the rear of my property.
10:30:45 There's another private lot about midway which would

10:30:49 have been about where 23rd would have been.
10:30:51 And he's really kind of going out that way right now,
10:30:54 or going out of my property, either north or south
10:30:58 because I not 22nd on the alley.
10:31:06 >>MARY ALVAREZ: Do you know how many people use that
10:31:08 alley other than him?
10:31:10 >>> Other than him, there's one other house that is
10:31:14 currently leading to the rear.
10:31:17 It's a rental property.
10:31:18 And it happens to be across from the empty lot.
10:31:22 So they are basically just cutting through the empty
10:31:24 lot, crossing over the alley and entering into their
10:31:27 property.
10:31:28 So they are not going out either end of the alley.
10:31:31 They are closer to 24th.
10:31:36 Not by much.
10:31:37 Almost mid alley.
10:31:38 And then there's one more peace of property that
10:31:42 Barbara was relaying does not have access from 17.
10:31:46 It's currently the last built house on the east side
10:31:52 of the property.
10:31:52 The second lot from 24th, it's vacant, but there

10:31:56 is no access from 17th.
10:31:59 There is gate on the back of the property so if
10:32:02 someone was living in the house that would probably be
10:32:04 where they would have to access the property.
10:32:07 >>MARY ALVAREZ: When you first petitioned to have the
10:32:10 alley closed did you go to Albany up and down both
10:32:14 sides to see if they wanted the alley closed?
10:32:17 >>> No, I didn't.
10:32:17 I did speak to someone.
10:32:23 >>ROSE FERLITA: You can clarify me but I think --
10:32:36 You had to send notice anyway, right?
10:32:40 Maybe it's a position where we should look at the
10:32:41 options we discuss board of director partial vacation
10:32:43 and let's move forward.
10:32:46 >>SHAWN HARRISON: Is there anyone in the public that
10:32:47 would like to speak on item 66?
10:32:49 >>JOHN DINGFELDER: Move to close.
10:32:50 >> Second.
10:32:51 (Motion carried).
10:32:51 >>JOHN DINGFELDER: I would like to move approval with
10:32:57 option 2 reduced to 15 feet, and wave to prepare an
10:33:02 ordinance, I guess, and direct staff to prepare an

10:33:05 ordinance accordingly.
10:33:06 >>SHAWN HARRISON: We have a motion and second.
10:33:08 Discussion on the motion?
10:33:10 All in favor signify by saying Aye.
10:33:12 Thank you.
10:33:12 (Motion carried).
10:33:14 >>JOHN DINGFELDER: Mr. ROJAS, we appreciate your
10:33:18 cooperation.
10:33:18 >>SHAWN HARRISON: Item number 67, continued public
10:33:20 hearing.
10:33:22 >>BARBARA LYNCH: Land development coordination.
10:33:24 I have been sworn.
10:33:29 I want to apologize in advance for giving you a
10:33:32 revised report but A.R.C. met on this last nature and
10:33:36 approved it and I thought it would benefit the
10:33:37 petitioner to have an updated report.
10:33:39 >>JOHN DINGFELDER: I just got a report in my box,
10:33:44 council.
10:33:47 Got new ones right here.
10:33:59 >>BARBARA LYNCH: I also attached the letter from
10:34:02 A.R.C.
10:34:12 This is in the Tampa Heights area historic district.

10:34:15 And requesting to vacate an alley line between
10:34:19 Columbus and sparkman from central to grove street.
10:34:28 The petitioner's property is in red.
10:34:31 And the yellow area is what's supposed to be vacated.
10:34:45 This is a photograph of the alley looking west from
10:34:48 grove street.
10:34:48 >>JOHN DINGFELDER: Is it tight up against the house?
10:34:55 >>> Yes, I believe it is.
10:35:02 >>> Abutting property on the north.
10:35:05 And this is the alley looking east from central.
10:35:08 So this is the parking, I believe, behind that.
10:35:11 And I believe the alley is where that block wall ends.
10:35:16 And then goes a little bit to the east.
10:35:21 Between the fence and the block wall.
10:35:30 This is the alley looking along the petitioner's rear
10:35:33 property line.
10:35:39 This is the alley continuing east across grove street.
10:35:42 This is not being vacated.
10:35:46 And staff has no objections as long as utility
10:35:48 easement is reserved for Verizon.
10:36:10 >>> Sean Domley on behalf of petitioner.
10:36:16 This is my client who came in late.

10:36:18 She has not been sworn.
10:36:20 (Oath administered by Clerk).
10:36:28 >>> I won't take much of your time.
10:36:30 We were before A.R.C. last night because this is in
10:36:33 the historic district of Tampa Heights.
10:36:35 And we realize that in most cases they do not like to
10:36:38 vacate alleyways a lot of times because of off-street
10:36:42 parking issues.
10:36:43 However, this is a unique situation in that it's right
10:36:45 off of Columbus.
10:36:46 There is in a on-Street parking to begin with and each
10:36:49 of the lots is at least a 50-foot frontage and has
10:36:53 off-street parking either a driveway or some other
10:36:56 access. The so-called alleyway is not and has never
10:36:59 been in use.
10:37:03 Let me show you real quickly what we are talking
10:37:05 about, and use the low-tech version of this.
10:37:08 But the two items in blue are my client's property and
10:37:11 the four items in orange are owned by pentecostal
10:37:15 church of God on either side of the alleyway.
10:37:17 So they have -- and I'll show you the pictures --
10:37:21 already closed off the alley in effect and are using

10:37:24 all four of those lot 8.
10:37:28 There is a second structure behind it 506 and then
10:37:31 there's 506 and a half.
10:37:34 That structure is already built into the alleyway.
10:37:37 In effect, this is only in effect -- effecting three
10:37:40 other property owners and two of those property owners
10:37:43 showed up at last month's hearing to speak in favor of
10:37:47 this.
10:37:48 So we have contacted everyone there.
10:37:49 The first response was, what alleyway?
10:37:53 Because as you can see, from the pictures here,
10:37:57 there's not even a curb cut leading into the alley.
10:38:03 And -- okay.
10:38:06 The grass, as you can see certain people have already
10:38:09 moved up.
10:38:10 There's a brick wall back here.
10:38:11 And I think the most telling portion comes from the
10:38:14 opposite view.
10:38:15 This is directly behind my client's property on
10:38:18 Central Avenue looking eastward.
10:38:24 >>JOHN DINGFELDER: Sean, I would like to see if
10:38:29 there's anybody in opposition.

10:38:30 It's pretty straightforward.
10:38:31 >>> I just wanted to make sure you have enough
10:38:34 information.
10:38:36 >> You have rebuttal.
10:38:37 >>SHAWN HARRISON: Is there anyone in the public that
10:38:39 would like to speak on -- 67?
10:38:44 Come on up.
10:38:45 >>JOHN DINGFELDER: I just thought it might be
10:38:52 expedient.
10:38:56 >>> Judy Gillette.
10:38:57 And I own the property right behind.
10:39:17 I bought my property 20 years ago.
10:39:30 I bought my property.
10:39:36 Right here.
10:39:51 The reason put the fence back is because there was a
10:39:53 tree here.
10:39:59 Stopped her fence from going back.
10:40:00 Right here stopped my fence from going back.
10:40:03 And one in the front.
10:40:05 >>JOHN DINGFELDER: Are you in favor of this vacating
10:40:07 or against it?
10:40:08 >>> I'm against it because I believe that's my

10:40:09 property.
10:40:11 I own already.
10:40:12 There was no alley there.
10:40:13 >>SHAWN HARRISON: Actually, ma'am -- correct me if I
10:40:17 am wrong -- that if we do this, you're going to get
10:40:20 that property behind your fence.
10:40:26 >>> I know.
10:40:27 >> She's not taking your property.
10:40:29 Would you be gaining some property.
10:40:30 >>> No, in a, no.
10:40:31 She would be taking some of this property, the
10:40:33 property when they surveyed our property, it went
10:40:36 beyond the fence and went back towards that fence line
10:40:41 in the back.
10:40:43 This went all the way to here.
10:40:49 >>SHAWN HARRISON: Okay.
10:40:50 >>> And five or seven years ago they came.
10:40:54 Seven years ago they came back and put a stake at my
10:40:59 fence.
10:41:01 And the property was mine from the get-go, how can
10:41:04 they put a stake at my place?
10:41:06 And I been there 20 years.

10:41:11 >>MARY ALVAREZ: Who put the stake back to where --
10:41:13 >>> The city.
10:41:14 >> The city did?
10:41:16 >>> Uh-huh.
10:41:16 >> Apparently somebody knew this was an alleyway,
10:41:20 right?
10:41:20 >>> Well, the area here to the fence there.
10:41:27 Nobody had to ask.
10:41:28 >>ROSE FERLITA: I would like to ask, do you have
10:41:39 anything that shows proof?
10:41:47 >>> I wasn't aware of the issue that she's speaking
10:41:49 about.
10:41:50 When I was speaking particularly with A.R.C. and
10:41:53 historic preservation on this, the area -- it goes ten
10:42:02 feet this way.
10:42:03 So her property line is actually this, runs parallel
10:42:09 with this light pole.
10:42:11 She would be gaining five feet from the late pole to
10:42:13 here.
10:42:14 I can't speak as to who do the survey that she's
10:42:16 referring to some years ago.
10:42:17 But as far as the city is concerned, the defined area

10:42:22 of the alleyway we are seeking to vacate is from this
10:42:25 pole 10 feet this way, she would be gaining 5 feet
10:42:28 from here to the pole, my client would be getting from
10:42:31 here to this way.
10:42:32 We are not taking any of her property.
10:42:34 We were just adding the five feet --
10:42:39 >>ROSE FERLITA: And I kind of realized that but I
10:42:41 wanted to you clarify it.
10:42:42 Folks with abutting property owner share the 5 feet
10:42:46 each and it goes from there.
10:42:48 >>> Right.
10:42:48 And on the opposite end down by the church, they
10:42:52 similarly marked it with -- it's from this light pole,
10:43:01 10 fate this way.
10:43:02 One of the things I didn't bring up that I want you to
10:43:04 look at with the church, there are a number of
10:43:06 protected trees here.
10:43:07 There's a grand oak.
10:43:10 Some have been going for 30-some years.
10:43:11 This has never been accessed and cot never be
10:43:14 reclaimed unless you want to violate your own tree
10:43:17 policy and cut down trees that were protected.

10:43:19 So, again, I can't address who did the survey to her.
10:43:23 But according to city and where the light pole
10:43:25 placement --
10:43:29 >>ROSE FERLITA: Thank you.
10:43:32 >>SHAWN HARRISON: Okay, ma'am.
10:43:33 You still have some remaining time, I believe.
10:43:39 >>KEVIN WHITE: I wanted to ask the young lady, Ms.
10:43:44 Gillette, at the podium now, are you aware you are
10:43:47 gaining property and not taking?
10:43:49 >>> No, because when they came and staked it out, just
10:43:52 like I told you --
10:43:58 >>KEVIN WHITE: Let me ask you this.
10:43:59 The edge of the fence, the fence that's closest to the
10:44:02 telephone pole --
10:44:04 >>> That's my fence.
10:44:05 >> That's your fence right there.
10:44:07 Your fence right now extends out past the telephone
10:44:09 pole now, correct?
10:44:11 >>> This is the fence to here.
10:44:14 >>KEVIN WHITE: They would have stopped your fence on
10:44:18 your property line, correct?
10:44:20 If your fence went out to where you're talking about

10:44:22 right now on the other side of the public notice sign
10:44:26 that's there, then effectively you would have already
10:44:30 taken the favor feet of the alley.
10:44:34 And is that your neighbor?
10:44:36 Because it looks like another portion.
10:44:38 >>> It is.
10:44:39 That's the neighbor's fence.
10:44:40 Hers is out further than mine.
10:44:42 There were trees here.
10:44:45 The hurricane knocked the trees down.
10:44:49 That's how come they are there no longer.
10:44:52 There was a tree there.
10:44:53 There's a tree here.
10:44:55 >> As we can see, there are trees in the picture on
10:44:58 the other end of the alley.
10:45:00 >>> Yeah, there were trees.
10:45:02 >> But yeah I'm saying is just because there is a tree
10:45:05 there doesn't mean that wasn't city right-of-way at
10:45:08 that time.
10:45:09 It doesn't necessarily mean that it was your property.
10:45:12 Just like your neighbor has extended their fence out.
10:45:15 It looks like our surveys and your plotting the

10:45:21 neighbors have automatically gone ahead and extended
10:45:23 their fence into the alleyway already without
10:45:25 permission, but because it has -- nobody complained
10:45:30 about it.
10:45:33 You have been legally complaining.
10:45:35 Your neighbors have not.
10:45:36 And now your other side neighbor is trying to come in
10:45:38 and tray to vacate and do it the proper way.
10:45:44 You think you are getting shortchanged.
10:45:46 And basically what this will allow you to do, if this
10:45:50 passes, is bring your fence line out to where your
10:45:55 neighbor's already illegally placed fence line is, and
10:45:58 that will be rightfully yours at that point in time.
10:46:10 >>> Well, these people built a house back here.
10:46:12 So half of their property is this back her again.
10:46:19 >>SHAWN HARRISON: I guess really the question for you
10:46:20 is, if we vacate this, if we grant this request, you
10:46:24 are going to get more land out to the midpoint of the
10:46:28 alley.
10:46:28 So that's really the question.
10:46:30 Do you -- are you opposed to that?
10:46:35 >>> My question is,

10:46:41 There was in a alley.
10:46:43 I don't know where the man came up with my marker on
10:46:45 my land at.
10:46:53 Back here.
10:46:56 And for someone to come in and say, oh, we call it an
10:47:02 alley.
10:47:05 Take what was rightfully mine.
10:47:08 You all do what you want.
10:47:10 >>SHAWN HARRISON: Thank you, ma'am.
10:47:12 Is there anyone else to speak on this item?
10:47:15 Petitioner?
10:47:17 Do you want to speak on this?
10:47:18 Come up.
10:47:20 >>> John Hassan, Tampa, Florida 33609 and I have been
10:47:24 sworn.
10:47:25 I just wanted to respectfully request you all's
10:47:28 approval in this matter.
10:47:30 I work in the Tampa hates area.
10:47:32 I'm an active realtor.
10:47:33 And I feel that this would be very good for the
10:47:36 community, and from what I have heard from the other
10:47:38 property owners that they would be in favor and would

10:47:41 appreciate your support on this.
10:47:43 >>SHAWN HARRISON: Thank you.
10:47:45 Anyone else in the public like to speak on item 67?
10:47:47 >>MARY ALVAREZ: Move to close.
10:47:50 >>SHAWN HARRISON: Motion to close and second.
10:47:52 (Motion carried).
10:47:53 Pleasure of council?
10:47:55 >>JOHN DINGFELDER: Move the petition.
10:47:57 And I just wanted to say in response to the young lady
10:48:01 who objected, I think we have had a lot of people in
10:48:05 the city real estate look at this.
10:48:07 And I think perhaps what might have happened was the
10:48:11 people who staked yours out a long time ago might have
10:48:14 been slightly in error.
10:48:15 So at the end of the day this is going to be good for
10:48:17 you and your neighbor, you are both going to be able
10:48:19 to come in, five feet each, you are going to legally
10:48:22 have that five feet, you can move your fence five feet
10:48:26 into that alley, so can your neighbor and everybody
10:48:29 will be all right. Anyway, I'm in support of the
10:48:30 motion.
10:48:31 I move the motion.

10:48:32 >>SHAWN HARRISON: Motion and second.
10:48:33 Discussion on the motion?
10:48:34 All in favor?
10:48:35 Opposed?
10:48:36 Motion carries.
10:48:37 Thank you.
10:48:41 Item number 68.
10:48:43 Yes, Mr. Shelby.
10:48:44 >>MARTIN SHELBY: 68 is a DRI that's joined with number
10:48:47 70 which is also a continue public hearing.
10:48:50 I would suggest that you hear number 70 first.
10:48:55 Then when you make the motions, then take number 68
10:48:58 and make the motion first on that.
10:49:02 >>SHAWN HARRISON: Item 70 is a continued public
10:49:04 hearing.
10:49:06 >>CATHERINE COYLE: Land development.
10:49:15 Heather Lamboy did revise the report and send it to
10:49:18 you.
10:49:18 I sent you an additional revision.
10:49:22 There was a tape oh on the report.
10:49:24 Related to the guest parking spaces.
10:49:26 There is a waiver to release from 40 spaces to 15 for

10:49:30 guest parking.
10:49:32 Land development noted a technical objection to
10:49:35 waiving 62.5% of the guest parking spaces.
10:49:39 If you recall, this development is 3075 Rocky Point
10:49:44 drive.
10:49:44 They are requesting to remove the 176-room hotel and
10:49:48 construct a 161 multifamily dwelling unit.
10:49:54 I have elevations and site plan if you would like to
10:49:56 see them, if you don't recall.
10:50:10 The amenity areas are located along the southern
10:50:12 portion of the site immediately adjacent to old Tampa
10:50:14 Bay.
10:50:16 All surface parking areas will be located to the rear
10:50:19 of the proposed building.
10:50:20 The buildings are modern style, accented with
10:50:23 balconies, the parking level the first two floors face
10:50:28 the building.
10:50:31 >>JOHN DINGFELDER: Cathy, what changed?
10:50:33 What was your direction to come back for DOS?
10:50:36 What changed?
10:50:37 >>CATHERINE COYLE: To be Kuwait honest, I wasn't at
10:50:41 the last hearing and I wasn't sure.

10:50:42 >> I know we had a long discussion about this project.
10:50:46 If you want to keep going, that's fine.
10:50:48 >>> Okay.
10:50:51 There was a technical objection from landscape
10:50:56 specialist noting that based on W one of these,
10:51:01 removing more than 50% of the protected trees on-site.
10:51:04 Mary Daniel, business developer, is mitigating that by
10:51:07 providing 4 to 8-inch caliper trees as a replacement.
10:51:16 Findings of fact from your review.
10:51:19 For the few remaining objections are technically based
10:51:22 in the code provisions for guest parking and 50% tree
10:51:25 removal.
10:51:31 >>SHAWN HARRISON: Is there planning --
10:51:32 >>> Their report remains the same.
10:51:35 I believe they found it consistent.
10:51:43 >>LINDA SAUL-SENA: I have a question for staff or for
10:51:47 the petitioner.
10:51:48 And that is about transportation access.
10:51:52 I serve with a group of people who are trying to
10:51:55 improve Courtney Campbell as a scenic corridor.
10:51:57 And one of the things I noted is that it really
10:52:01 difficult for anybody to use transit, even though the

10:52:04 bus goes up and down Courtney Campbell because there's
10:52:07 no place to pull off and let people out.
10:52:10 It's possible that people who live and work here will
10:52:13 need to use transit.
10:52:14 So my question is, was there any discussion about the
10:52:17 transportation plans?
10:52:19 Was there any provision made for a pullout for the
10:52:24 Hartline stop?
10:52:25 And then when the petitioner speaks, I would love to
10:52:29 know what they are going to do about the guest spaces
10:52:33 that aren't being provided.
10:52:38 >>> We did receive a letter from Hart lane noting the
10:52:41 sidewalks should be five feet, which they provided,
10:52:44 and the contact the bay area commuter services, the
10:52:50 multi-modal systems.
10:52:53 >>SHAWN HARRISON: Petitioner?
10:53:04 >>> Good morning, Mr. Chairman, my name is Mark
10:53:06 Bentley, 201 North Franklin Street, Tampa 33602, I
10:53:11 have been sworn, representing today the developer of
10:53:14 the proposed redevelopment project.
10:53:18 Our objection at the last meeting was to identify the
10:53:21 plan. The only changes to the plan were just a couple

10:53:23 of notes relating to guest parking and landscaping
10:53:26 mitigation where we agreed to mitigate any tree
10:53:29 replacement with 4 to 8-inch caliper trees which is
10:53:32 double the size, as you well know, in the code.
10:53:35 Ms. Saul-Sena, to answer your question on the guest
10:53:37 parking, the project was filed in April.
10:53:41 Your code changed in July.
10:53:43 So to require the guest parking.
10:53:45 So the way it shook out is the project requires 282
10:53:49 spaces for the unit, 161 units.
10:53:53 Okay.
10:53:54 And based on the new code, 40 guest spaces.
10:53:58 However, we have 322 spaces in the parking garage,
10:54:03 which would meat your entire code requirement.
10:54:06 But we don't designate that as guest.
10:54:08 Then we have an additional 15 surface spaces outside
10:54:12 the parking garage.
10:54:13 So we exceed your code by 15 spaces, plus there's a
10:54:18 self-contained community,.
10:54:20 If you have any other questions I'll tray to address
10:54:23 it.
10:54:23 Thank you.

10:54:24 >>SHAWN HARRISON: Any questions for petitioner? Is
10:54:26 there anyone in the public that would like to speak on
10:54:28 item 70?
10:54:30 Motion and second to close.
10:54:32 (Motion carried).
10:54:34 Do we have an ordinance?
10:54:36 >>MARTIN SHELBY: If could you also close number 68 or
10:54:38 ask if anybody wishes to speak on item 68.
10:54:43 >>SHAWN HARRISON: Do I have to do it rate now?
10:54:45 >>MARTIN SHELBY: Well, my suggestion is you would have
10:54:46 to read number 68 first because of the DRI.
10:54:52 >>SHAWN HARRISON: Is there anyone in the public who
10:54:54 would like to speak on item number 68?
10:54:57 >>: Move to close.
10:54:58 >> Second.
10:54:58 (Motion carried).
10:54:59 >>SHAWN HARRISON: We need to read 68 even though we
10:55:05 opened 70.
10:55:07 I'm trying to figure it out, Mr. Shelby.
10:55:11 >>MARTIN SHELBY: Mr. Chairman, I'm sorry.
10:55:14 >>SHAWN HARRISON: Do wave an ordinance on number 68?
10:55:19 >>LINDA SAUL-SENA: Move an ordinance of the city of

10:55:22 Tampa, Florida approving a 6th amendment to the
10:55:25 development order rendered pursuant to chapter 380
10:55:28 Florida statutes failed by WCI communities for Rocky
10:55:31 Point harbor, Rocky Point commercial park, previously
10:55:36 approved in regional impact providing an effective
10:55:38 date.
10:55:38 >>SHAWN HARRISON: We have a motion and second.
10:55:41 Discussion on the motion?
10:55:43 (Motion Carried)
10:55:46 An ordinance on number 70.
10:55:51 >>MARY ALVAREZ: An ordinance rezoning property in the
10:55:54 general vicinity of 3075 north Rocky Point drive in
10:55:57 the city of Tampa, Florida and more particularly
10:55:59 described from zoning district classifications RM-24
10:56:04 multifamily to PD, planned development, condominiums,
10:56:08 providing an effective date.
10:56:08 >>SHAWN HARRISON: We have a motion and a second.
10:56:10 Any discussion on the motion?
10:56:13 (Motion carried) thank you all.
10:56:18 Item 69 is a continued public hearing.
10:56:27 >>LINDA SAUL-SENA: Mr. Chairman, I have to state that
10:56:29 I have had ex parte communications with Janell Hansen

10:56:34 and those e-mails are in the record.
10:56:37 >>SHAWN HARRISON: Is there anyone else that needs to
10:56:40 submit anything?
10:56:44 >>MARTIN SHELBY: If you can, Ms. Saul-Sena, if you
10:56:46 could just state what the substance of that e-mail
10:56:49 was, which --
10:56:51 >> It was about the appropriateness of the proposed
10:56:53 rezoning and whether the bonus densities they are
10:56:59 requesting are reflected in our existing code.
10:57:10 >>CATHERINE COYLE: Land development.
10:57:12 Ms. Cole is making a copy for you of the memo from
10:57:16 Wilson Miller regarding the calculations to this
10:57:18 project.
10:57:19 If you recall this petition -- at 1112 Meridian
10:57:26 between Whiting and Cumberland, just north of the
10:57:33 property rezoned for the Channelside towers.
10:57:37 You will note on the report, done by Ms. Lamboy prior
10:57:44 to her leaving.
10:57:45 To refresh your memory it's rezoned, the proposed uses
10:57:50 are office retail restaurant, hotel multifamily,
10:57:53 single family attached residential.
10:57:55 The site will contain 1,178,363 square feet of

10:57:59 development. Proposed floor ratio for the project is
10:58:03 4.65 which translates to an additional 291,003 square
10:58:09 feet bonus density for the project.
10:58:10 The base F.A.R. of 3.5 permits 887,317 square feet.
10:58:18 The bonus density analysis that you will receive in a
10:58:21 moment as it comes off the copier has been attached
10:58:23 before, that you probably have, that provides
10:58:26 documentation that the petition will meat or exceed
10:58:28 the factors defined in the strategic action plan that
10:58:31 you have adopted recently.
10:58:34 The four uses for the site
10:58:42 Includes additional open space.
10:58:45 There are graphics provided in the handout.
10:58:48 Pedestrian connections through the site between
10:58:50 12th and Meridian.
10:58:52 Public art streetscape element consistent with the
10:58:55 action plan.
10:58:55 The proposed bonus calculation has been reviewed by
10:58:58 Michael Chen from economic and urban development.
10:59:01 And he has no objections to the calculation.
10:59:05 Program includes modern design, balconies, ornamental
10:59:10 glazing.

10:59:11 The location of the townhouse, the single-family
10:59:14 attached, are located adjacent to Victory Lofts and
10:59:17 offset by approximately 65 feet on the northeastern
10:59:21 portion of the project.
10:59:24 You will notice the shapes of the buildings, also.
10:59:28 And the architectural elements and the elevation of
10:59:30 the commercial portions.
10:59:33 If you look at the Meridian facade, the entire run of
10:59:38 that facade resembles a ship.
10:59:41 The plan also includes several dog walk areas and
10:59:45 public open spaces.
10:59:47 In addition to the rezoning petition, petitioner is
10:59:49 processing to realign 11th Avenue.
10:59:53 I believe that was at the request of transportation
10:59:55 division.
10:59:56 You will note a shift to the east to line up, to have
10:59:59 a proper intersection.
11:00:02 The petitioner has revised the bonus element proposal
11:00:05 which you have before you, to further explain
11:00:06 maintenance issues on the site that has been broken
11:00:10 into labor and material.
11:00:12 The majority of the cost, the maintenance of the

11:00:14 capital replacement, planters, vegetative material,
11:00:18 $708,000 approximately.
11:00:20 The actual maintenance, tame spent on the public area
11:00:24 estimated at 10 man hours, person hours, I prefer, per
11:00:29 labor week.
11:00:29 I didn't write this.
11:00:30 And totals 468,000 approximately.
11:00:33 7% of the total bonus elements.
11:00:44 I thought you had received it because when she sent it
11:00:46 through that agenda it came through.
11:00:52 August 2nd 28th is the latest version, process
11:00:55 it through with the revised staff report.
11:01:00 >>> I got the August 17th.
11:01:04 >>> Staff report?
11:01:05 She sent this through August 29th through that
11:01:08 agenda.
11:01:10 That's the note that was in the file.
11:01:16 Transportation does have remaining objections.
11:01:19 Waiver number 5 on the site plan, the waiver to reduce
11:01:22 parking spaces for multifamily from 1494 spaces to 971
11:01:29 provided spaces.
11:01:31 Transportation does object to the reduction in parking

11:01:34 and is a 35% reduction, and staff for transportation
11:01:39 is here for any comments.
11:01:40 And the parking table needs, provided parking for
11:01:44 bedroom, as did adopt a recent code amendment.
11:01:47 The town home parking must also be stated on the site
11:01:51 plan.
11:01:52 Landscape specialist Mary Daniel does hold a technical
11:01:57 objection to removal of 100% of the trees.
11:02:00 The trees are mostly palm.
11:02:02 However, the petitioner is providing a 4 to 6-inch
11:02:06 caliper planting of trees as replacement.
11:02:10 Land development, Ms. Lamboy did register in a
11:02:14 objection regarding the parking.
11:02:17 Mr. Chen is in the audience to discuss the bonus
11:02:19 calculations.
11:02:20 And you will note on page 4 and 5, she went through
11:02:24 the purpose and intent section regarding the Channel
11:02:27 District.
11:02:32 I do want to give you a good context and relate it
11:02:35 back to the previous case.
11:02:37 The place that was Channelside and Washington, I
11:02:44 believe.

11:02:45 If you recall, in the Tampa comprehensive plan, we do
11:02:51 have the CBD periphery, Channel District within the
11:02:54 periphery, and applicants can receive up to 100% bonus
11:02:57 in F.A.R., floor area ratio.
11:03:00 The current land use designation is RMU 100 which
11:03:04 allows 3.5 F.A.R.
11:03:06 This petitioner is requesting 4.65 which is a mild
11:03:09 increase.
11:03:10 The first approval that you have given gave them
11:03:14 4.287.
11:03:16 And an additional 6.13 given last year.
11:03:20 What we did in that case was the comp plan requires
11:03:22 that if calculated on a point system, and at that time
11:03:27 we didn't have the point system.
11:03:29 Today we do not have the point system in the code.
11:03:31 What we did is we took a broad view of that to make
11:03:34 sure that we felt as staff that the petitioner was
11:03:37 meeting the general intent of the comprehensive plan,
11:03:40 the CBD periphery zone criteria. There are nine basic
11:03:43 criteria called out in the comp plan.
11:03:45 That ranged from public open space, mid-block
11:03:48 connection, transportation improvements, streetscape

11:03:51 improvements, very broadly stated.
11:03:54 In the previous case, the petitioner was committed to
11:03:58 certain things, certain dollar amounts, certain
11:04:03 commissions, other things that improved the public
11:04:05 realm.
11:04:05 This petition before you is essentially doing the same
11:04:08 thing.
11:04:09 There are a large number of items they are providing
11:04:11 within this development.
11:04:13 As you note on the site plan there are large areas
11:04:15 called out as public open space, much enlarged
11:04:20 sidewalks, pedestrian areas, enhanced landscaping,
11:04:26 public art, public water features.
11:04:30 The question is then asked or talked about whether or
11:04:35 not the calculation itself is being met.
11:04:39 I would not be before you to actually discuss the
11:04:41 calculation until next week, just the general thought
11:04:45 of it.
11:04:45 The action plan that was adopted recently for
11:04:48 Channelside did have the methodology in it for that
11:04:51 calculation.
11:04:51 This project does follow that basic calculation.

11:04:56 The numbers before you do follow that methodology.
11:05:02 I just wanted to outline that for you from the comp
11:05:05 plan perspective.
11:05:09 >>JOHN DINGFELDER: Thank you, Ms. Coyle.
11:05:12 My question goes to item 3 on the bonus credits, which
11:05:17 is the maintenance of the landscape areas, and
11:05:19 specifically the labor.
11:05:24 You know, we had a discussion about it previously.
11:05:26 And I think I'm probably okay with it although it's
11:05:30 sort of a new item for the bonus criteria.
11:05:32 But what my question is, is several-fold.
11:05:37 How do we enforce this?
11:05:38 To what level of service?
11:05:40 What standards will the maintenance be?
11:05:44 Because the other bonus credits are sort of -- they
11:05:48 are things that are on the site plan.
11:05:50 They are either done or not done.
11:05:51 They are put in or not put in.
11:05:53 When it comes to maintenance over a 30-year period,
11:05:56 will there be a development agreement?
11:05:59 >>CATHERINE COYLE: You will note in the narrative of
11:06:01 the document that you have before you for the bonus

11:06:03 calculation, it does note that they are in the process
11:06:05 of working on a maintenance agreement with legal
11:06:07 staff.
11:06:08 Ms. Cole can discuss that along with Mr. Davis, the
11:06:11 applicant.
11:06:12 >> When would that come in to play?
11:06:15 I mean, in terms of -- is that something that would
11:06:18 come to council?
11:06:22 >>LINDA SAUL-SENA: Before we get into this T
11:06:24 specifics.
11:06:28 Thank you, Mr. Chairman.
11:06:28 My fundamental question is -- and Ms. Coyle, you
11:06:32 referred to we have had other developments come before
11:06:36 council.
11:06:36 No developer has ever asked the city to allow us to
11:06:40 give them bonus density that they maintain something
11:06:44 that they create.
11:06:45 It was my understanding that maintenance of one's
11:06:50 property is something one does because one is supposed
11:06:53 to maintain one's property.
11:06:54 They had in, this proposal, over $1.2 million that
11:06:58 they want credit for, to be able to go up and add

11:07:01 additional square footage in height, based on spending
11:07:04 money on maintenance.
11:07:06 And I think that's completely inappropriate.
11:07:08 So I don't want to get sidelined rate now in a
11:07:11 conversation about how we implement it.
11:07:12 I think the question is, is it appropriate?
11:07:19 Is this a recognized way to spend money to get bonus?
11:07:24 And I don't see anywhere in any of our documents that
11:07:28 maintenance of an individual private property should
11:07:31 be allowed special public credit for that maintenance.
11:07:35 And my position, if it's your property, you maintain
11:07:41 it, and you pick up the tab and you share it with the
11:07:44 people who buy the units.
11:07:45 I was not here for the first hearing but I have had an
11:07:48 opportunity to review the conversation or the talk
11:07:50 with legal staff and talk with our staff and I don't
11:07:57 see this maintenance is appropriate at all.
11:07:59 And I think that this conversation can't go forward
11:08:03 with the proposal by the developer to get this
11:08:06 additional bonus provision until they come up with
11:08:10 some other thing that costs $1.2 million, or they are
11:08:14 willing to Rae vies their project, or decrease the

11:08:18 floor area ratio.
11:08:20 It just isn't appropriate, in my opinion.
11:08:24 >>CATHERINE COYLE: The reason I put it in perspective
11:08:26 with the last adoption that you had voted on for bonus
11:08:31 increase, The place, the calculation actually before
11:08:36 you, and you are discussing dollar amounts for items
11:08:39 that haven't really been brought up in the past.
11:08:42 We created a menu of items for the place that met the
11:08:45 general intent of the comp plan.
11:08:46 Now you have before you a calculation that is based on
11:08:49 an adopted plan, not implemented through the
11:08:51 regulations.
11:08:53 I believe Ms. Cole will advise you a little more on
11:08:57 whether or not we can debate the maintenance issue and
11:08:59 the dollar amount for that.
11:09:00 I would take a step back, mainly because it isn't
11:09:04 actually an adopted regulation today, and let's go to
11:09:07 the comp plan, whether or not this project meats the
11:09:09 intent of those provisions in the comp plan, which are
11:09:11 very broadly stated, nine very broadly stated items,
11:09:16 which this plan certainly has.
11:09:17 The debate over the numbers, and how much they are

11:09:20 paying for them, and who is maintaining what, is
11:09:23 actually not part of the regulations.
11:09:28 >>ROSE FERLITA: One very quick question, Ms. Coyle.
11:09:31 That being said you are still in favor of the general
11:09:33 intent of the comp plan.
11:09:35 >>> Generally, yes, I do.
11:09:36 >>SHAWN HARRISON: Ms. Cole, I think you had a question
11:09:39 from Mr. Dingfelder, maybe some follow-up.
11:09:42 >>JULIA COLE: Legal department.
11:09:45 I don't know if I should answer the general question
11:09:50 prayer to Mr. Dingfelder's but I understand it's
11:09:52 whether or not it's appropriate to consider
11:09:54 maintenance as one of the factors you are considering
11:09:56 when determining whether or not a bonus density credit
11:10:00 is appropriate.
11:10:01 I think Ms. Coyle said it very well, you have been
11:10:05 provided with information that actually calculates
11:10:10 everything out, and that has been done, I think, as a
11:10:14 method to 51% of the strategic option plan which has
11:10:18 been adopted.
11:10:19 You adopt have before you any regulations which
11:10:21 specifically -- no matter how you calculate it.

11:10:24 So that puts us in a little position of getting back
11:10:27 to the comprehensive plan, and the comprehensive plan
11:10:30 which you have utilized in the past to make the
11:10:33 determination whether a bonus density credit is
11:10:37 appropriate.
11:10:38 And I could read it for you.
11:10:41 Let me --
11:10:45 >> Is maintenance among them?
11:10:47 >>> Maintenance is specifically one of them but you
11:10:48 should know these are all very general and the things
11:10:51 you are to consider are housing, minority, and
11:10:54 employment, business development, transportation
11:10:57 improvements, daycare, pedestrian, streetscape
11:11:02 improvements, water and natural resources, open space,
11:11:06 public space, public access, cultural contributions,
11:11:11 preservation of historic structures, and other
11:11:13 innovative linkages.
11:11:16 This is very broad.
11:11:17 And you can look at those and you can determine if
11:11:20 what has been presented to you complies with that
11:11:22 general intent of the comprehensive plan, the process
11:11:27 that council has utilized in other situation that is

11:11:30 Cathy has explained.
11:11:31 That really is up for your determination.
11:11:32 It has been presented to you with a calculation
11:11:36 associated with this.
11:11:37 And you have the rate to look at it in those terms.
11:11:40 But in making the decision whether or not it's
11:11:42 appropriate, you go back to the comprehensive plan.
11:11:45 >>LINDA SAUL-SENA: If we accept maintenance as part of
11:11:50 this calculus, doesn't that set a precedent that
11:11:54 people maintaining their property and wanting bonus
11:11:56 density could use this in the future?
11:11:59 You're premising everything we said on things you have
11:12:03 done in the past.
11:12:03 This is gnaw.
11:12:06 We have never had a request by a developer to consider
11:12:08 maintenance as part of their contribution to get bonus
11:12:12 densities.
11:12:12 And it seems to me that that is a very, very
11:12:16 significant issue.
11:12:19 And it's something that you all -- it was in their
11:12:22 presentation that I don't think legal addressed.
11:12:26 >>> What I said is not whether or not -- what I said

11:12:28 in the past is you have utilized the comprehensive
11:12:31 plan and it's up for your determination whether or not
11:12:33 maintenance falls into one of these categories.
11:12:38 >>LINDA SAUL-SENA: It's maintenance and amenity.
11:12:42 I feel that maintenance is a necessity.
11:12:44 It's not fun.
11:12:46 Of the costs a lot of money and it's a drag especially
11:12:50 after 40, maintenance becomes a necessity.
11:12:54 But should the public pick up the tab on that?
11:12:56 Or as a private development shouldn't that be
11:12:59 considered part of doing business?
11:13:02 >>> When you say the public pick up the tab --
11:13:04 >> The public would grant the additional amenity bonus
11:13:06 based on the fact that these people are going to
11:13:08 maintain what they are providing?
11:13:11 >>> Do I think -- I think it depends on how ask you
11:13:14 the question.
11:13:14 If you think legally there's enough room in the
11:13:17 criteria for you to include that, I think what they
11:13:19 are offering us, and I think you may want to hear from
11:13:22 petitioner on that before you make that ultimate
11:13:23 determination, which is within -- you make the

11:13:27 determination whether or not you think it falls within
11:13:29 this criteria. Do I think there's an argument it
11:13:32 could be falling into this criteria?
11:13:34 Your cry ter yar are incredibly broad.
11:13:37 >> Vague.
11:13:37 >>> One could say vague.
11:13:39 Vague and broad.
11:13:39 How you want to consider that.
11:13:41 What I understand they are asking for you to do is to
11:13:43 consider as part of the open space, public space that
11:13:48 they are offering, to increase the calculation to
11:13:51 include the maintenance of those public open spaces,
11:13:54 the comp plans.
11:13:56 You can consider open space, public space, and other
11:13:59 innovative amenities and linkages.
11:14:01 I think the fact that it has been calculated, you can
11:14:06 consider that.
11:14:07 Whether or not you think that it falls within that, I
11:14:09 mean, I think, can you?
11:14:14 >>SHAWN HARRISON: And our decision, what you are
11:14:15 saying, legally it's broad enough right now that it's
11:14:18 our decision to make.

11:14:20 Either legal impediment to us considering whether it's
11:14:24 appropriate.
11:14:25 >>> That's correct.
11:14:25 And I don't know if you want me to answer Mr.
11:14:27 Dingfelder's.
11:14:28 >>JOHN DINGFELDER: I forgot what it was.
11:14:32 >>> Maintenance agreement.
11:14:33 I think there's a provision.
11:14:34 We are going to bring, assuming we have first reading,
11:14:40 and if you have the condition of the zoning that we
11:14:42 bring back a maintenance agreement, bring that back.
11:14:47 >>SHAWN HARRISON: Ms. Alvarez?
11:14:49 >>MARY ALVAREZ: Ms. Cole, the way I read this, the
11:15:02 elements, the way I read it is that the
11:15:05 developer-owner will maintain all landscape areas,
11:15:08 walkways, furniture, lighting, that's public
11:15:13 right-of-way we are talking about, right?
11:15:15 It's not their private property.
11:15:17 This is public property that we're talking about, that
11:15:21 they are saying they are willing to maintain.
11:15:27 >>SHAWN HARRISON: It will be part of their
11:15:28 presentation, I'm sure.

11:15:31 >>JULIA COLE: I think it may be appropriate to let
11:15:33 them tell you what they are intending, then we can
11:15:36 respond.
11:15:36 >>MARY ALVAREZ: Mr. Chen, you look like you are
11:15:41 willing to chomp to the bit here.
11:15:44 >>MICHAEL CHEN: Hopefully I can add something to the
11:15:47 discussion.
11:15:47 It is important to recollect nice some very
11:15:48 distinctive difference, and the broader description of
11:15:52 this value versus what I believe is actually being
11:15:55 applied for, and the distinction between public
11:16:00 property and private property is a critical and
11:16:03 important difference in what's addressed here.
11:16:08 All of the value that is associated in their
11:16:11 application has been discussed, identified and so
11:16:15 forth as applied to areas that are fully public access
11:16:21 areas, and it is not their private restricted access
11:16:25 areas that is concluded in any value determination.
11:16:33 In terms of what they are asking for, particularly I
11:16:36 think it can be most easily identified in the labor
11:16:38 figure.
11:16:40 The public access areas in this project is

11:16:43 approximately 2.6 acres, and in terms of the
11:16:47 maintenance that they are asking for, they are
11:16:50 reflecting ten man hours or person hours a weak for
11:16:54 that maintenance.
11:16:55 I think in all of our experience of maintaining
11:16:58 properties, the idea of maintaining 2.6 acres at ten
11:17:04 hours a week would reflect this ten hours a week is a
11:17:06 fairly minor portion of the total maintenance effort
11:17:10 that will go toward this 2.6 acres.
11:17:14 So as we examine this, and very critical of this new
11:17:19 approach for determining value, we took into account
11:17:24 one that is public areas, and, two, that it's only a
11:17:27 segment of the total maintenance that would be done in
11:17:30 the project.
11:17:35 >>MARY ALVAREZ: So that means it would save the city
11:17:38 from spending maintenance -- sending maintain necropsy
11:17:41 people out there to take care of these public places.
11:17:45 Yes, it would.
11:17:46 >>SHAWN HARRISON: You know, we are getting close to
11:17:48 pre-judging this project without even having the
11:17:51 petitioner have the opportunity to present what they
11:17:53 are asking for.

11:17:55 So we can ask the petitioner what they are proposing
11:17:59 for this maintenance requirement.
11:18:01 Are there any other questions for Mr. Chen at this
11:18:05 point?
11:18:06 Petitioner, why don't you come up and tell us what you
11:18:08 are lag for here.
11:18:17 >>> Richard Davis, 220 east Madison street, suite 512,
11:18:23 Tampa, Florida.
11:18:23 Again, good morning.
11:18:24 I'm here this morning on behalf of Sembler
11:18:27 investments.
11:18:27 We have our consultant team with us.
11:18:29 And that's comprised of Michael English, Stephani
11:18:34 Gaines and Jennifer willman, accompanied by Darion
11:18:37 Johnson from Sembler.
11:18:39 And let me perhaps put this discussion in perspective.
11:18:42 We had a very lengthy presentation, as you all may
11:18:46 recall, a few weeks ago on August 17th where we
11:18:49 introduced into the record extensive exhibits showing
11:18:51 the project, describing the orientation of buildings,
11:18:54 and actually giving perspectives on the views from
11:18:57 various points along the project.

11:18:58 And I know that that material has been included in
11:19:01 your record.
11:19:03 At that first hearing there were issues that arose.
11:19:06 One of the issues dealt with the question of
11:19:07 maintenance.
11:19:08 There was a question that arose that if maintenance is
11:19:13 included is there a way to ensure that it will occur?
11:19:17 Subsequent to that first hearing and as one of the
11:19:18 reasons for the continuance until today, council asked
11:19:22 that a provision be placed in the zoning conditions
11:19:25 that require the creation of a maintenance agreement.
11:19:29 That condition has been included and we are working on
11:19:30 that agreement, and that will come back to you at
11:19:33 second reading so you can be assured that maintenance
11:19:35 will occur.
11:19:36 Now, subsumed in that question is the idea of the
11:19:40 maintenance issue.
11:19:41 And I want Michael English to speak in greater detail
11:19:43 of what we intend to accomplish.
11:19:45 But I want to set the stage for Michael's testimony.
11:19:48 And by the way, I have been sworn.
11:19:50 The stage for Michael's testimony is that when you are

11:19:53 looking at the bonus provisions, you look to two
11:19:57 particular locations.
11:19:58 One, you look to your comprehensive plan.
11:20:01 Policy A-8.4, which provides the nine criteria that
11:20:07 Ms. Cole has previously reviewed.
11:20:09 Then beyond that, you look to your strategic action
11:20:11 plan for the Channel District, which does lay out a
11:20:15 mechanism for doing these calculations.
11:20:17 We recognize that this is the first time you have seen
11:20:20 these calculations.
11:20:21 But what we have tried to do since earlier this
11:20:24 summer, actually going all the way back into John and
11:20:27 July, is provide the detailed information to you
11:20:30 council members so that you can have that before you
11:20:34 as you make the determination.
11:20:36 And as you review that detailed information, which was
11:20:39 included initially in the August 3rd distribution
11:20:42 to you, which is of record, and which resides in
11:20:45 August 28th and there is a very important revision
11:20:48 in the August 28th which I will highlight in a
11:20:50 moment and Mr. English will speak to as well -- but
11:20:52 that information very clearly shows that the

11:20:56 maintenance issue is an issue only as it relates to
11:20:59 those areas where we are dedicating the property to
11:21:02 the city, via a perpetual easement.
11:21:07 And we want to make that very clear.
11:21:09 Those areas of open space that set the stage for this
11:21:11 project, that set the vision for this project, that
11:21:14 implement the Channel District plan, those areas that
11:21:16 are on private property, we will maintain.
11:21:19 That's not the issue today.
11:21:20 The issue is, you heard those areas that are on public
11:21:24 property.
11:21:25 And I would also like to note very directly the change
11:21:27 that was made between the earlier memorandum submitted
11:21:30 to you detailing the calculation, and the August
11:21:32 28th memorandum, very important change.
11:21:35 If you review the August 28th memorandum, you will
11:21:37 note that with all the calculations, we exceed the
11:21:42 value necessary to support the F.A.R. we are
11:21:47 requesting.
11:21:47 We exceed that calculation by approximately 600, and I
11:21:53 belief it is, 54,000.
11:21:56 Actually 624,410 dollars.

11:21:59 And the interesting aspect of that is that we can
11:22:05 submit to council today that you can delete from the
11:22:08 maintenance calculation the value of the waiver, and
11:22:12 simply la to the capital costs incurred in maintenance
11:22:18 that will run for in perpetuity.
11:22:22 And so that's the issue before us.
11:22:24 We honestly believe, and we would submit to you, that
11:22:27 when you look at the totality of your regulation, that
11:22:30 being the strategic action plan, and that being policy
11:22:33 A-8.4 of the comprehensive plan, which is included in
11:22:37 the Planning Commission's recommendation, which is
11:22:40 part of the record, and their recommendation is for
11:22:43 approval.
11:22:43 When you look at those particular criteria, you find
11:22:46 support for what we are requesting.
11:22:50 The number shows support for what we are requesting.
11:22:53 And at this juncture I would ask Mr. English, who is
11:22:56 right behind me, to go into slightly greater detail
11:22:58 about the specific activities.
11:23:00 But I wanted to set that regulatory stage for you.
11:23:03 And I also wanted you to understand that between the
11:23:07 17th and the 28th when we submitted the

11:23:09 additional material, the numbers very clear show you
11:23:12 can eliminate the labor costs of the maintenance.
11:23:16 And we still will be at a point where the numbers show
11:23:21 support and justify our F.A.R. pursuant to those
11:23:24 standards which I mentioned.
11:23:26 Mr. English?
11:23:27 And I believe Mr. English needs to be sworn.
11:23:33 (Oath administered by Clerk).
11:23:44 >>> Michael English.
11:23:45 I work for Wilson Miller.
11:23:49 I would like to talk first about the strategic plan
11:23:51 and recall what happened.
11:23:54 When we wrote the plan as we developed it, we assumed
11:23:56 that there would be required elements and there would
11:24:00 be bonus elements, and you could provide things to the
11:24:03 community of value in terms of bonus.
11:24:07 We had assumed throughout the course of the plan that
11:24:10 maintenance, any special improvements that occurred
11:24:14 within the public right-of-way or, in our case, in
11:24:17 parts of our project, which have a perpetual easement
11:24:21 dedicated to the public for its use, that the protects
11:24:26 increment districts, could pay those special

11:24:30 amendments costs.
11:24:32 The city administration took what I think was a
11:24:37 position that unfortunately happened late in the game
11:24:38 which was they didn't feel that it was appropriate for
11:24:43 the chance to pay those maintenance costs either on
11:24:46 public property or property in which a perpetual
11:24:49 easement has been granted on the theory that it would
11:24:51 be unreasonable to provide a higher level of
11:24:54 maintenance, paid by public funds, in this
11:24:58 neighborhood, in the neighborhood in the city.
11:25:03 Made perfect sense to us but kind of stopped us in our
11:25:08 tracks because we were kind of at the point of
11:25:10 submitting plans for approval.
11:25:12 We asked what options might be.
11:25:16 One idea was a special assessment district.
11:25:18 I think that you will all, of all people, know that
11:25:21 special assessment districts are very hard to justify,
11:25:23 they are hard to approve, they are hard to continue.
11:25:26 And so we as professionals did didn't believe the
11:25:30 possibility of a special assessment district in the
11:25:32 Channel District, just for the maintenance of special
11:25:34 things in public right-of-way, was going to be very

11:25:37 popular.
11:25:39 What that meant to us was it left the maintenance of
11:25:43 these special things in public areas to the
11:25:46 responsibility of the developer of each individual
11:25:49 project.
11:25:50 So if you look at the plans -- our plan was silent on
11:25:54 the issue of bonus element.
11:25:57 It was not silent on the issue of required elements.
11:26:00 Anything that was required for maintenance which is
11:26:02 also required to be borne by the developer, keep in
11:26:05 mind that this is intended to be a relatively
11:26:10 developer-friendly plan.
11:26:13 This is intended to be a bargain in which the city
11:26:17 gets a good deal that it's happy with, developer gets
11:26:19 a reasonable deal that it's happy with, so that you
11:26:22 are trying to incentivize people to build a great
11:26:27 design and you will get more density for really nice
11:26:30 special things which costs a lot of money to take care
11:26:33 of.
11:26:33 We would suggest to you that the provision of all the
11:26:37 public elements, if you could show the overhead,
11:26:40 everything in this plan, this project, and you will

11:26:44 hear about this a little later, on Meridian, allows a
11:26:53 mid-block crossing.
11:26:55 Another is from 12th to Channelside.
11:26:58 It is the only three blocks in the Channel District.
11:27:05 It will be very expensive to maintain.
11:27:08 The project areas, decorative walls, public art, fancy
11:27:15 landscaping, fancy streetscape, fancy furniture.
11:27:18 When we say maintenance costs, we are talking about
11:27:20 replacing that stuff when it breaks.
11:27:22 We are talking about the labor and capital costs of
11:27:25 maintenance, just as we are talking about the labor,
11:27:29 and capital costs of every other bonus element.
11:27:33 At the end of the day, whatever you build has capital
11:27:37 and labor costs.
11:27:38 So maintenance is exactly the same.
11:27:41 This is special maintenance.
11:27:42 This isn't the general property maintenance.
11:27:44 This is just maintaining the expensive stuff we are
11:27:47 giving you in return for the bonus you're giving back.
11:27:50 So I would maintain that it is a very rational and
11:27:53 reasonable, and developer much but friendly policy
11:27:58 decision we would ask you to make this morning, that

11:28:01 maintenance for both special things is just as
11:28:03 important as giving them the right to build it, and
11:28:07 it's incentivizing them to take care of it, also
11:28:11 incentivizing to future owners of these condominiums
11:28:14 to take care of it because there would be homeowner
11:28:16 associations or a true development district.
11:28:19 Somebody will be responsible in favor or six years to
11:28:23 take that maintenance over and it's very important in
11:28:25 the zoning that it be clear that you received a bonus
11:28:29 for that in return for 30 years of maintaining very
11:28:32 expensive things.
11:28:33 So I would hope that you would take that into
11:28:35 consideration before you decide that maintenance is
11:28:38 not appropriate.
11:28:39 Just in areas for public use and it's just for the
11:28:43 special things we are building in return.
11:28:47 >>JOHN DINGFELDER: The nature we were here in August,
11:28:54 the thing I am disturbed about, and I am not blaming
11:28:57 this petitioner or staff, but sort of we had worked on
11:28:59 the big strategic plan and had a lot of meetings and
11:29:03 spent a lot of hours doing it, setting policy that we
11:29:06 thought was going to be the policy for the district.

11:29:09 And then all of a sudden, this issue sort of pops up
11:29:13 in the context of this particular zoning.
11:29:15 I think it probably would have been healthier if you
11:29:17 all knew this was coming, to come to us out of the
11:29:22 context of the zoning and brought it to us in a
11:29:26 general sense saying, you know what?
11:29:28 We talked about those strategic action plan, we didn't
11:29:30 include it.
11:29:32 Not you, Mike, the other Mike.
11:29:34 And when should have dealt with it in a different
11:29:36 context.
11:29:36 I don't think it's real healthy to be setting policy
11:29:39 in a case-by-case basis during rezoning.
11:29:43 >>> I understand.
11:29:45 >> And where we are today.
11:29:46 >>> And I apologize but the last decision you will
11:29:50 have to make is a policy decision about Channel
11:29:53 District.
11:29:54 >> Because we are not setting policy.
11:29:55 But with that said, I think, Linda, with all due
11:29:58 respect, I think the explanations that have been given
11:30:00 have persuaded me to budge off of where I was before,

11:30:05 which was I didn't like the idea of it either earlier.
11:30:08 But now I think I have a little better understanding
11:30:10 of it.
11:30:11 And it doesn't bother me as much.
11:30:12 And chances are if we had had these discussions, at
11:30:15 some other point -- and I think -- I probably would
11:30:18 have been okay with it.
11:30:19 The ironic thing as Mr. Davis pointed out, we could
11:30:23 strike the 468 labor expense and it would still be
11:30:25 okay.
11:30:26 And maybe we should.
11:30:27 And then we are not setting policy.
11:30:29 That is an option.
11:30:31 >>SHAWN HARRISON: Thank you, Mr. English.
11:30:33 Mr. Davis, do you have any further presentation?
11:30:44 >>> At this point, council members, I'll tender our
11:30:46 experts.
11:30:47 Certainly the record reflects the opposition, all
11:30:52 issues we have requested, and we would respectfully
11:30:54 request your approval of the project.
11:30:56 Certainly if you have other issues we need to address
11:30:58 we want to respond to them.

11:30:59 We have our experts here.
11:31:00 We have extra copies of specifics should you need
11:31:03 those.
11:31:03 And we await any additional questions you may have.
11:31:06 >>SHAWN HARRISON: why don't we go to the public and
11:31:09 see if there's any additional testimony from the
11:31:11 public?
11:31:12 Is there anyone in the public that would like to speak
11:31:15 on item number 69?
11:31:19 Anyone that would like to speak, go ahead and line up
11:31:21 at the podium.
11:31:27 >>> Good morning.
11:31:29 Francise McConnough, 12th street.
11:31:34 Yes, I have been sworn.
11:31:35 I spoke up at this project the first time it came
11:31:39 around.
11:31:39 There were some very important points that were
11:31:42 continued in this hearing especially with regards to
11:31:44 the maintenance.
11:31:44 I feel that the way the space has been designed, the
11:31:51 plan works as one big hole.
11:31:52 The spaces are not just public spaces because you're

11:31:56 familiar with the district and how small it is.
11:31:57 To me they are neighborhood spaces.
11:31:59 They are not empty open spaces where you will have
11:32:01 trees and flower pots that will be very pretty to look
11:32:05 at.
11:32:06 I will be walking through the spaces and so will my
11:32:08 neighbors every single day.
11:32:09 Therefore, I feel that spending money on the
11:32:12 maintenance of those public -- truly public spaces
11:32:15 should be taken into consideration.
11:32:23 But that is not necessarily the deal breaker on this
11:32:25 project.
11:32:26 I do not under any circumstances wish to see any more
11:32:29 of my taxpayer dollars being spent on maintenance of
11:32:33 these elaborate public neighborhood space, not my TIF
11:32:37 money, not my tax money, in a special assessments.
11:32:40 I already feel like I am way overtaxed in that
11:32:43 district.
11:32:43 And I purchased my property in 2004.
11:32:47 I'm a pine necessary.
11:32:48 I have active con -- passed construction every day.
11:32:51 I do not want to be taxed any more.

11:32:54 And those spaces are very important to me.
11:32:56 I walk that whole district every day with my dog.
11:32:59 And always outside.
11:33:01 So I feel that this development plan as a whole works
11:33:04 very well.
11:33:06 And there will be many, many activities that will
11:33:09 benefit the whole of South Tampa and north Tampa, West
11:33:12 Tampa, the whole of Tampa, that we'll be able to have,
11:33:18 to maintain them as I think is appropriate.
11:33:24 I think some of the -- some of my neighbors have been
11:33:31 a bit self-serving.
11:33:33 Of course I am facing this project.
11:33:34 I would love to have a big open space, to maintain a
11:33:37 very high value for my property.
11:33:39 For me to get up here and say whatever I am going to
11:33:41 be looking at directly behind me is okay in terms of
11:33:45 development, you know, I could say, yes, more green
11:33:49 space, more park space is great.
11:33:51 But I am so passionate about how this project has been
11:33:53 put together that I really do feel that the Victory
11:33:58 Lofts neighbors will not have a problem with our
11:34:02 values, with our use of the space, with our use of the

11:34:06 neighborhood, and having the plan go through as it has
11:34:09 been designed.
11:34:12 Thank you very much.
11:34:13 >>SHAWN HARRISON: Is there anyone else in the public
11:34:15 that would like to speak on this item?
11:34:22 >>> Henry Lewis, I have been sworn in.
11:34:28 I would like to say that the council members who
11:34:32 worked with the Sembler group, and they all have voted
11:34:36 100% in favor of this project, and we really look
11:34:43 forward to your approval for this project.
11:34:45 Thank you.
11:34:46 >>SHAWN HARRISON: Thank you.
11:34:47 Last call.
11:34:51 This really is the last call.
11:34:53 If there's anyone else who wants to speak to this
11:34:55 pleas line up along the wall so we can take care of
11:34:57 that.
11:34:58 Yes, ma'am.
11:35:07 >>> Janell Hansen, 101 south 12th street.
11:35:12 There's a lot more than just the vision, the
11:35:14 comprehensive plan clearly states, there is a
11:35:17 distinction, Channel District distinction.

11:35:20 Thanks to the comprehensive plan neighborhood section
11:35:22 I have been able to not only attend and, you know, at
11:35:26 the Channel District council meeting, but Channelside,
11:35:32 join with the Channel District council of the resident
11:35:34 and property owners, sit on a sub teem CRA, Mary
11:35:43 Alvarez was there.
11:35:44 And this is a recreational open space based on
11:35:48 populations, their requirement, and nothing has really
11:35:51 been said on that.
11:35:52 But based on what this communicate says to the CRA
11:35:56 based on the bonus system, at our last meeting, which
11:36:00 was actually held by the city for periphery bonus and
11:36:03 everything, they said, it's so closed in the code
11:36:08 stands now being contribution to the community.
11:36:12 One contributing to the community is the Channelside,
11:36:16 so The Towers of Channelside is supposed to be a
11:36:18 visual point when the cruise ships come in you see the
11:36:21 two single towers.
11:36:23 Also further back you have phase 2, a lighthouse.
11:36:26 It doesn't come close enough and is more a beacon over
11:36:30 I-4 Ybor area, which is wonderful.
11:36:34 Nothing is wrong with the development.

11:36:37 And the question is on it is the fact of a large open
11:36:42 space, central to the community.
11:36:47 The question is, can we take those 18 town homes, move
11:36:50 them to make one or two of the towers even taller?
11:36:53 And then with the comprehensive open space comply.
11:36:58 It would be wonderful.
11:37:01 The community came together for a bonus and said we
11:37:04 want two things, we want infrastructure, and we would
11:37:06 like a large central open space, not across a busy
11:37:09 street.
11:37:10 Which I can tell you right now it's hard to cross.
11:37:13 So if the bonus system now isn't all it's proposed and
11:37:17 what they are telling us is, and the whole community
11:37:20 comes before you one day, and we know things are going
11:37:23 to be a factor because these are the channels of --
11:37:27 towers of Channelside, a footprint, Victory Lofts,
11:37:30 next to where these cruise ships keep their offices
11:37:35 for the cruise line, no one says a word.
11:37:38 That's part of my neighborhood.
11:37:40 At the end of the day, we want us to be as a
11:37:42 comprehensive plan, an area of distinction.
11:37:45 So having a nice central space, opening it up so the

11:37:54 trees can go into that space so other developers can
11:37:56 contribute trees to that open space, and we can have a
11:37:59 larger space for a wonderful Fourth of July.
11:38:02 It would be great.
11:38:03 But again there's a lot of questions that everyone is
11:38:06 spinning numbers, there's a lot of codes, and I'm very
11:38:11 confused especially at the last meeting that I went
11:38:13 to.
11:38:14 And it's being contradicted again.
11:38:17 So I'm looking forward because I know we are going to
11:38:20 have toot sub team meeting.
11:38:23 Mary Alvarez is not going to be able to attend.
11:38:25 Linda Saul-Sena attended our last one.
11:38:27 We are going to have speakers on the bonus system
11:38:28 coming forward and how to calculate.
11:38:30 So we are already TIF money above the infrastructure
11:38:35 we need.
11:38:36 So let's bring it on.
11:38:37 But let's bring it on correctly.
11:38:40 >>SHAWN HARRISON: Thank you, Janell.
11:38:41 Petitioner?
11:38:43 Rebuttal?

11:38:51 >>> I would like Michael English to speak to the issue
11:38:53 of open space.
11:38:54 We have very important information through his
11:38:57 rebuttal that we would like to make very clear to you,
11:38:59 to emphasize again the urban nature of the open space
11:39:03 we are providing and why, "A," it meats standards and,
11:39:07 "B," why it meats the revisions of the Channel
11:39:10 District.
11:39:11 Thank you.
11:39:12 >>> Mr. Chairman, I'll be brief.
11:39:15 In answering questions.
11:39:16 This project is really proposing what you can describe
11:39:19 as pocket part.
11:39:22 Let me emphasize, by far it's the most important thing
11:39:26 we can offer you in this project.
11:39:28 I appreciate, as you know, the need for a neighborhood
11:39:32 park.
11:39:32 Do you have two proposals before you up the street,
11:39:35 both of which are half acre, south of Kennedy
11:39:40 Boulevard.
11:39:41 They are of scale and configuration where it's
11:39:45 rational and logical to do that.

11:39:47 Our development has gone above and beyond that and is
11:39:49 really creating ways, let me remained you of the
11:39:54 picture, we have -- we are making it possible to -- if
11:40:00 you could put this on the overhead, please.
11:40:04 We are making it possible for pedestrians to find
11:40:08 their way to the park just blocks away from the
11:40:16 Meridian Channelside intersection.
11:40:20 And there's a mid-block crossing just to the north.
11:40:24 The mid-block crossing that goes all the way to the
11:40:27 streetcar lot is something that no one else could have
11:40:29 accomplished and it's taken two years to work with the
11:40:32 port authority for easement.
11:40:36 Developers making all the improvements of all public
11:40:39 open space.
11:40:42 So we would beg your indulgence and hope that you can
11:40:45 appreciate the contribution that our client is making.
11:40:48 And I would be happy to answer any questions that you
11:40:51 have.
11:40:55 >>JOHN DINGFELDER: How many total units in this total
11:40:57 project?
11:41:00 >>> Total units?
11:41:03 727.

11:41:04 747.
11:41:05 >>JOHN DINGFELDER: 747?
11:41:09 If you could point to the overhead, right next to
11:41:13 that, the shell-looking structure, that's a big open
11:41:21 space area for you, I think according to your site
11:41:24 plan, correct?
11:41:27 >>> Yes.
11:41:27 >>JOHN DINGFELDER: And going to the side of that are
11:41:29 the three-story townhouses?
11:41:33 >>> Right.
11:41:36 >> If you take half of those town homes, if you took
11:41:42 10 of those town homes off your 747 total units on the
11:41:45 project, you lose 10 units, but the community and your
11:41:50 residents could gain a big area of green space.
11:41:55 The open space has been described as concrete.
11:41:57 I'm talking about green space.
11:42:00 Because how many acres on this total project?
11:42:04 5 and a half acres.
11:42:05 From what I can see, even though except along the
11:42:08 Boulevard out there along Meridian Avenue, you know,
11:42:14 but other than that, internal to the project, it's a
11:42:17 lot of concrete.

11:42:18 And that's what I said last time.
11:42:20 And I still feel strongly this time.
11:42:22 If you reduce 10 units out of the entire 700 unit
11:42:26 project, you could build a little probably quarter or
11:42:29 half acre of green space that would be central not
11:42:33 only to your project and benefit your 700 families,
11:42:37 but also benefit the entire district.
11:42:39 And I kind of talked till I am blue in the face at the
11:42:46 nature meeting.
11:42:47 I'm not a planner.
11:42:48 But I just think it would provide a benefit to
11:42:50 everybody.
11:42:51 >>> Michael English: I appreciate that, Mr.
11:42:55 Dingfelder.
11:42:55 I guess my response is two fold.
11:42:57 There's a beautiful waterfront, two and a half acre
11:43:00 park a block and a half away from the entire
11:43:02 neighborhood.
11:43:03 It's little used.
11:43:06 We hope residents in the Channel District will use it.
11:43:09 >> It's across a 6-lane road.
11:43:14 >>JOHN DINGFELDER: Talking about Cotanchobee.

11:43:17 >>> I understand.
11:43:17 There is a nice park there.
11:43:18 This is an urban project.
11:43:19 We feel we are doing far more than our fair share in
11:43:22 terms of public open space.
11:43:25 It will be have public access.
11:43:27 It will have green space.
11:43:28 It will have water features.
11:43:31 It will be a wonderful urban experience and a
11:43:35 wonderful pedestrian experience.
11:43:36 >>JOHN DINGFELDER: I think it will.
11:43:38 I agree wholeheartedly.
11:43:40 I think it's a wonderful project but I think it's
11:43:42 missing green space.
11:43:44 >>> I appreciate that.
11:43:45 We would respectfully beg to differ.
11:43:51 >>MARY ALVAREZ: I have to agree with Mr. English.
11:43:53 I think taking 10 townhouse as way from them, it's not
11:43:58 going to give that much open space.
11:44:01 Yes, you are going to have more grass.
11:44:02 But I beg to differ with you.
11:44:04 I don't know who would actually go and use that other

11:44:07 than maybe the townhouse people and the Victory Lofts.
11:44:12 I don't see anybody else going in there to have -- I
11:44:16 can't imagine, would that be a half acre site?
11:44:19 Would that be a half acre site, at least?
11:44:24 Make it a dog park for that matter.
11:44:26 We already have dog walks.
11:44:29 >>> We have three dog walks.
11:44:30 >> I understand that.
11:44:31 But what amount of land do we have there?
11:44:37 If he was to take off 10 townhouses.
11:44:41 >>> Well, what you are talking about is a whole acre
11:44:43 of urban development.
11:44:44 This is a very important part.
11:44:46 >>JOHN DINGFELDER: I said half.
11:44:51 >>> It makes half of the units.
11:44:52 >>:
11:44:53 >>JOHN DINGFELDER: How much land is half of those
11:44:54 units?
11:44:57 >>MARY ALVAREZ: I'm thinking half an acre?
11:45:02 It would be just go sit there and do what?
11:45:04 So I wouldn't be in favor.
11:45:07 >>SHAWN HARRISON: Any other questions for Mr. English?

11:45:09 Mr. Davis, do you have any further rebuttal?
11:45:15 For Mr. Wilson?
11:45:21 Now, Mr. Davis, finish your rebuttal.
11:45:25 >>> Mr. Davis: That concludes our presentation.
11:45:28 >>LINDA SAUL-SENA: Mr. Stair and I discussed this
11:45:32 project.
11:45:33 But then subsequent to that, I wondered if you had had
11:45:40 an opportunity to look at this larger booklet
11:45:44 developed by the petitioner, and do you think it's
11:45:47 compatible with the Zane guidelines and the Channel
11:45:50 District?
11:45:52 >>> Wilson Stair, urban Zane manager.
11:45:54 I have been sworn in.
11:45:57 I have seen a booklet that had a lot of the details.
11:46:02 But I had not seen the latest final booklet.
11:46:12 >> Will you have the opportunity to review the project
11:46:16 as a 30, 60, and 90 and ensure that the qualities that
11:46:20 are discussed in the Channel District plan are
11:46:22 reflected in the final design?
11:46:24 >>> Yes.
11:46:25 >>SHAWN HARRISON: Thank you, Mr. Stair.
11:46:29 >>JOHN DINGFELDER: I had a question of Mr. Stair.

11:46:32 As you are coming back up.
11:46:35 Do you see any benefit to what I am saying about green
11:46:37 space?
11:46:38 This is a major chunk of Channelside redevelopment.
11:46:41 And have you brought up the issue of -- not open
11:46:44 space, green space, with the developers?
11:46:48 Or is this just something that the city doesn't care
11:46:51 about?
11:46:52 >>> In a, we certainly care about it.
11:46:54 And, yes, there is a balance.
11:46:56 And we did discuss it to a certain extent.
11:47:03 The way the Channel District action plan kind of has
11:47:09 unfolded, it's like a developer is given a list to
11:47:15 choose from.
11:47:16 And then it comes to you.
11:47:18 Up until that point, we trade to work with each
11:47:22 developer and the architect in this particular case,
11:47:25 the architect and the developer has been very
11:47:28 cooperative with it.
11:47:31 We talked about park space, in essence what they have
11:47:36 done is the small urban park, with much more paving
11:47:44 than you would like to see, but it gets to a point of

11:47:48 where that threshold really is.
11:47:51 We look at the quality, the public realm, our role in
11:47:57 terms of urban Zane, and how it's detailed, and we
11:48:02 make suggestions and recommendations to them.
11:48:06 But the bottom line is the developer has been given
11:48:12 the authority to choose which of the bonus points he
11:48:15 wants to address.
11:48:17 And then it comes to City Council.
11:48:19 I look at us as city staff and City Council as being a
11:48:23 partnership.
11:48:24 If you all don't feel comfortable that there's enough
11:48:28 green space to satisfy this particular neighborhood,
11:48:33 then we look to you.
11:48:35 But at this point in time, the developer is providing
11:48:45 a semblance, let's say, of public open space and will
11:48:50 work in an urban setting.
11:48:52 But it does not have as much of the softness that gren
11:48:59 space would actually have.
11:49:02 >>SHAWN HARRISON: A question for Mr. Smith.
11:49:05 >>LINDA SAUL-SENA: Mr. Smith, this is the first time
11:49:10 that council has been given the opportunity to
11:49:12 consider maintenance as part of a bonus provision.

11:49:17 If we do this, will future petitioners -- and we have
11:49:22 several other petitioners who provided public open
11:49:25 space, I believe the last two projects that we have
11:49:29 approved in the Channel District, have provided high
11:49:32 quality open spaces as far as a bonus provision and
11:49:35 they have not claimed maintenance as part of that
11:49:37 cost.
11:49:37 If we approve this today, and the next person who
11:49:41 comes up wants us to include maintenance as part of
11:49:44 their consideration, what will the city's posture be?
11:49:54 >>DAVID SMITH: Essentially what you are asking me is
11:49:55 what is the precedential effect of your decision
11:49:58 today.
11:50:00 You are interpreting and applying the comprehensive
11:50:01 plan provision, that are currently the general level
11:50:05 of abstraction so you are interpreting it and applying
11:50:07 it.
11:50:08 If you approve it with this application, you have as a
11:50:11 legislative body interpreted it.
11:50:13 But I think we need to set that into context.
11:50:15 You know, maybe most of you do know, that that we are
11:50:19 bringing to you next week an ordinance for

11:50:21 implementing these provisions.
11:50:23 That ordinance, when it's transmitted, if you in fact
11:50:26 choose to transmit it to the Planning Commission next
11:50:28 week, I think it would be appropriate for this body to
11:50:31 say, we consider that to be policy of the city so you
11:50:37 have an opportunity next week to establish that policy
11:50:40 pending the approval of that ordinance, so that the
11:50:43 value, precedentially of this decision, almost looks
11:50:46 like it's going to be limited solely to this project,
11:50:49 because you are going to literally be approving these
11:50:51 land development regulations that implement that part
11:50:54 of your code starting next week.
11:50:57 So I want to make sure you have the context.
11:50:59 I understand the concern.
11:51:00 I don't want to diminish it.
11:51:03 You are in fact, depending on what you do today, if
11:51:06 you opt to allow that kind of calculation, you have,
11:51:09 until you change your policy, set that as your policy.
11:51:14 I hope that answers your question but also provides
11:51:16 you a context so that you know it is a much more
11:51:19 limited extent than it mate otherwise seam.
11:51:22 If when didn't have the ordinance where it is now

11:51:25 ready to go which also will hopefully address some of
11:51:28 the issues, some of the participants today have
11:51:31 indicated, we'll get rid of that confusion because
11:51:35 we'll have an ordinance, that we'll have a process
11:51:37 that will be clear, that will be hopefully easier to
11:51:39 follow.
11:51:41 >>SHAWN HARRISON: Thank you, Mr. Smith.
11:51:42 Mr. Davis, we are back at the close of the hearing.
11:51:44 Anything further on rebuttal?
11:51:54 >>> Mr. Davis: Respectfully, council members, we
11:51:56 would present the project to you as it is described,
11:51:58 and again remain open to respond to any questions or
11:52:00 issues you might have.
11:52:03 Thank you.
11:52:04 >>SHAWN HARRISON: We have a further question.
11:52:07 Ms. Alvarez.
11:52:08 >>MARY ALVAREZ: Mr. Chen, I would like to ask you a
11:52:12 question before we proceed.
11:52:13 If we were to take out the maintenance or the labor
11:52:16 out of this, what would happen?
11:52:17 Who would be taking care of the public places in this
11:52:23 project?

11:52:27 >>> There's in a provision established for that.
11:52:29 Frankly, for the public open spaces, I think it would
11:52:33 fall back to the city, either through normal street
11:52:37 maintenance or -- that would be in terms of the public
11:52:45 access.
11:52:45 >> The public access areas, which is throughout this
11:52:49 project?
11:52:50 >>> Yes.
11:52:50 >>SHAWN HARRISON: Thank you.
11:52:52 All right.
11:52:52 We need a motion to close the public hearing.
11:52:55 >> So moved.
11:52:55 >> Second.
11:52:55 (Motion carried).
11:52:58 >>SHAWN HARRISON: What's the pleasure of council?
11:53:00 >>ROSE FERLITA: I would like to make a couple of
11:53:01 points on record and then bring to my determination
11:53:04 about where I stand on this point.
11:53:06 Early on in this presentation I think Ms. Coyle
11:53:08 clearly said this does meat the general intent of the
11:53:10 comp plan and I believe it does and I agree with her.
11:53:14 There are two points that Mr. Davis asked us to direct

11:53:16 our attention to, looking at comp plan A-8.4, and
11:53:20 denying criteria listed to determine whether or not
11:53:22 the interpretation is, that they had met the F.A.R.
11:53:26 requirement.
11:53:27 There again, I believe they did, because of the fact
11:53:30 that they are agreeing to maintenance of public
11:53:33 right-of-way, not private areas of this project, and
11:53:35 or perpetual easement.
11:53:37 2.6 acres in the segment of total maintenance to be
11:53:41 specific, and adding a mid-block pedestrian crossing
11:53:43 which I think is very key to making it that pedestrian
11:53:47 friendly.
11:53:48 Our advantage here as the deciding board is because
11:53:52 the criteria is broad we look at something that's
11:53:54 innovative and new in terms of how awe reply that and
11:53:57 we are able to interpret and apply the elements of a
11:54:00 comp plan.
11:54:00 I think that's what we have done.
11:54:02 Looking at the strategic action plan of the Channel
11:54:04 District, and looking at how the layout is for
11:54:06 calculations, I think the developer has met that and
11:54:10 in fact I think he has exceeded that.

11:54:13 Awhile back this same body looking looked at the place
11:54:15 and we agreed with the 6.13 F.A.R.
11:54:18 The developer here is asking for 4.65 F.A.R.
11:54:22 I think it's reasonable given what they are giving
11:54:24 back.
11:54:25 I know that Mr. Dingfelder had talked about the
11:54:28 opportunity for green space.
11:54:29 And I think Mr. Stair agreed with the fact that that
11:54:33 would be perhaps we are not getting because of the
11:54:37 open space versus the green space.
11:54:39 However, we have to remember ultimately this is
11:54:41 something that has to be to the benefit of everybody,
11:54:45 to what we want to do in terms of Channel District
11:54:47 approval and development, and to making it pedestrian
11:54:50 friendly, and at the same time it has to make sense
11:54:53 for the developer.
11:54:54 So they have more than qualified in terms of open
11:54:58 space, they have agreed in perpetuity actually to give
11:55:00 that easement total city and public right-of-way and
11:55:03 maintain it I guess based on a development order for
11:55:06 30 years.
11:55:07 I think all these things certainly bring us to

11:55:10 something that is gad for everybody, maybe not great
11:55:13 for one side, but certainly something that I will
11:55:15 support, and as a matter of fact if it's appropriate
11:55:17 at this point I would like to make a motion to approve
11:55:20 the project as stated.
11:55:23 >>SHAWN HARRISON: Go ahead.
11:55:26 >>ROSE FERLITA: I would like to move an ordinance
11:55:28 rezoning property in the general vicinity of 110, 125,
11:55:32 128, 210, S. 11th Street, 209, 223 south 12th Street,
11:55:39 114 and 120 south Meridian street in the City of
11:55:42 Tampa, Florida, from zoning district classification
11:55:42 CD-1 Channel District and CD-3 Channel District to
11:55:47 CD-3, single family attached residential office
11:55:50 retail, restaurant, providing an effective date.
11:55:53 >>SHAWN HARRISON: We have a motion.
11:55:55 And a second on the motion.
11:55:57 Discussion on the motion.
11:55:57 >>LINDA SAUL-SENA: I want to say this is really
11:56:00 beautiful design and I'm excited to see something
11:56:02 that's this beautiful in the area and good design is
11:56:05 one of the things that everyone in this Channel
11:56:07 District has always said that they aspire to.

11:56:10 The cross connections are really done and really
11:56:15 thought through.
11:56:17 As a quality design project, I support it.
11:56:21 Wilson Stair is going to bless it and that means a lot
11:56:24 to me.
11:56:24 I have in a problem with the formula for the bonus
11:56:29 calculations.
11:56:31 My inability to support this project is very specific.
11:56:36 I really do not believe that it's appropriate to count
11:56:41 maintenance as part of the bonus density calculation,
11:56:45 whether it's for waiver or pieces of the puzzle.
11:56:52 We have other examples in our community of land used
11:56:54 by the public that's maintained by the surrounding
11:56:57 owners.
11:56:58 And the reasons they maintain it is because they want
11:57:00 it to look good.
11:57:01 And it reflects on the quality of their development.
11:57:08 What's being proposed is beautiful.
11:57:09 But I sincerely believe that it's the responsibility
11:57:13 of the owner to maintain it, and that it's not
11:57:16 appropriate to include those calculations as part of
11:57:20 their bonus density.

11:57:22 And for that reason I will not be supporting it.
11:57:28 >>JOHN DINGFELDER: I have expressed my disappointment
11:57:30 that this project doesn't have more green space.
11:57:32 I think it should.
11:57:33 I think all these designs and especially one that has
11:57:37 five acres should.
11:57:38 But I'm willing to see the forest for the trees.
11:57:42 I think it's a good project.
11:57:44 I think that Channelside needs to move forward.
11:57:47 And so I'll support it.
11:57:48 >>SHAWN HARRISON: Further discussion on the motion?
11:57:55 All in favor?
11:57:57 Motion carries 5 to 1.
11:57:59 Thank you all for coming.
11:58:00 Item number 71.
11:58:08 >>MARTIN SHELBY: Mr. Chairman, if I can.
11:58:09 With your indulgence.
11:58:11 Ms. Coyle?
11:58:12 So the record is clear, if we could handle number 72.
11:58:15 Ms. Coyle is here to do a motion on that just to have
11:58:17 that.
11:58:18 >>MARY ALVAREZ: So moved.

11:58:22 >>MARTIN SHELBY: I want to make sure the dates are
11:58:23 right.
11:58:24 >>CATHERINE COYLE: Land development.
11:58:24 October 26th, 6:00 p.m., VO6-136.
11:58:35 (Motion Carried).
11:58:38 >>SHAWN HARRISON: 71.
11:58:42 >>> This vacating, the general location -- Barbara
11:58:45 Lynch, Land Development Coordination.
11:58:48 I have been sworn. The general location of this
11:58:49 vacating is north Tampa near 275 and Busch Boulevard.
11:58:53 The petitioner is requesting to vacate a portion of --
11:58:59 I'm sorry.
11:58:59 >>MARTIN SHELBY: I'm sorry.
11:59:02 I have been informed --
11:59:07 >>SHAWN HARRISON: I think I know what you are going to
11:59:11 say.
11:59:15 >> So moved.
11:59:16 >>SHAWN HARRISON: To open the public hearing.
11:59:17 (Motion carried).
11:59:20 >>> Petitioner is requesting to vacate a portion of
11:59:27 Taliaferro Avenue. Petitioner's property is shown in
11:59:28 red.

11:59:28 The vacating area is shown in yellow.
11:59:36 Petitioner is requesting to vacate an area north of a
11:59:41 dead-end, east of I-275, west of Nebraska.
11:59:52 >>JOHN DINGFELDER: The part that runs across, south of
11:59:54 there. There.
11:59:59 That's not a road at all?
12:00:02 >>BARBARA LYNCH: No.
12:00:02 >>JOHN DINGFELDER: Was it previously vacated or
12:00:05 something?
12:00:07 >>> I think the subdivision, the south boundaries of
12:00:10 that subdivision.
12:00:11 There was an alley that was closed on either side of
12:00:13 the Taliaferro that's being requested.
12:00:15 Then that's private property.
12:00:17 Looks like a large development.
12:00:20 >>SHAWN HARRISON: Are there any staff objections to
12:00:21 this vacation?
12:00:23 >>> None.
12:00:23 >>SHAWN HARRISON: Is there anyone in the public that
12:00:25 would like to speak on item number 71?
12:00:27 Yes, sir.
12:00:31 >>> Good morning.

12:00:32 My name is Vincent Nuccio, 1049 Henderson Boulevard,
12:00:38 Tampa, an attorney, and I represent Mr. and Mrs.
12:00:41 Priede in their request to have this portion of
12:00:46 Taliaferro closed, as the diagram that was shown you.
12:00:57 >>SHAWN HARRISON: We don't think there's any
12:00:59 opposition, Mr.
12:01:00 Let's see if we mate get you out of here. Is there
12:01:03 anyone in the public that would like to speak on item
12:01:05 71?
12:01:06 >> Move to close.
12:01:07 >> Second.
12:01:07 (Motion carried).
12:01:15 >> So moved.
12:01:15 >>ROSE FERLITA: Mr. Gnaws owe, you have done such a
12:01:18 good job you have in a opposition.
12:01:19 >>SHAWN HARRISON: Did it for you, your mere presence.
12:01:23 >>> Move an ordinance vacating closing a certain
12:01:26 right-of-way all that portion of Taliaferro street
12:01:28 vacated east of interstate 275 and west of Nebraska
12:01:32 Avenue and south of the intersection of Wilma street,
12:01:37 approximately 125 feet to a dead-end and, Tampa,
12:01:42 Hillsborough County, Florida, the same being more

12:01:44 fully described in section 2 hereof, providing an
12:01:45 effective date.
12:01:46 >>SHAWN HARRISON: We have a motion and second.
12:01:48 Discussion on the motion?
12:01:50 Rose Ross just want to make one quick comment, if I
12:01:53 might.
12:01:55 Wanted to just tell you that for those of how do not
12:01:59 know, Mr. Nuccio's father was a former mayor, mayor
12:02:04 Nick Nuccio, who was well respected in this community.
12:02:08 >>SHAWN HARRISON: All in favor of the motion signify
12:02:10 by saying Aye.
12:02:12 Opposed?
12:02:12 Motion carries.
12:02:13 All right.
12:02:15 Is there any further business to come before the
12:02:21 council?
12:02:21 If not we'll go to --
12:02:25 >> Move to receive and fail.
12:02:26 >> Second.
12:02:26 (Motion carried).
12:02:27 >>SHAWN HARRISON: New business starting at my left.
12:02:31 Mr. White.

12:02:31 >>KEVIN WHITE: Nothing.
12:02:33 >>ROSE FERLITA: Very quickly, Mr. Chairman.
12:02:35 In terms of emergency communications, and I think we
12:02:37 have talked about this before, about City of Tampa,
12:02:41 TPD and Hillsborough County sheriff's office, being
12:02:43 able to communicate in terms of local jurisdictions
12:02:46 and emergency situations, and I know there was some
12:02:49 grant discussion about improving the communication,
12:02:53 equipment in terms of compatibility.
12:02:54 I'm not really sure who I would direct that to.
12:02:57 Just in terms of a written report.
12:02:59 But I don't know what happened to improving that radio
12:03:06 system, wasn't compatible with what the Hillsborough
12:03:09 County Sheriff's Department --
12:03:14 >> We had a full report.
12:03:16 >>ROSE FERLITA: From who?
12:03:17 TPD?
12:03:22 So a couple of weeks to research it and have a written
12:03:25 report on it.
12:03:28 That's the motion.
12:03:29 >>SHAWN HARRISON: Is there a second?
12:03:30 >>LINDA SAUL-SENA: Second.

12:03:31 (Motion carried).
12:03:33 >>ROSE FERLITA: Thank you, Mr. Chairman.
12:03:34 >>LINDA SAUL-SENA: Real briefly.
12:03:39 We are all enjoying a new piece of public art in the
12:03:41 back of the room by our photographer laureate, Larson.
12:03:46 Number two, I would like to request a legal department
12:03:50 to look at our ordinance to allow banners on Kennedy
12:03:54 Boulevard.
12:03:55 I received a request from the Westshore alliance
12:03:59 because they want to put banners on Kennedy.
12:04:00 I would like to request two weeks a report back from
12:04:03 Julia Cole to see if that would be doable.
12:04:06 That's a motion.
12:04:08 >> Second.
12:04:08 (Motion carried).
12:04:09 >>LINDA SAUL-SENA: Number 3.
12:04:13 Terry Cullen has requested a workshop on the
12:04:16 comprehensive plan on October 5th.
12:04:18 We have a very light day, so I would like to request
12:04:23 at 11:00, a workshop on our comp plan on October
12:04:27 5th.
12:04:27 >>SHAWN HARRISON: What kind of workshop?

12:04:35 >> Short.
12:04:35 Like ten minutes to report back.
12:04:37 Ten minutes.
12:04:42 11:00 on October 5th.
12:04:44 >> Second.
12:04:44 (Motion carried).
12:04:45 >>LINDA SAUL-SENA: Finally I would like to request a
12:04:49 report by the city of transportation staff on the
12:04:52 downtown transportation, maybe December, maybe the
12:04:55 first meeting in December.
12:04:59 Five minutes.
12:05:04 >> What is the first meeting?
12:05:15 >> December 7th.
12:05:16 >>SHAWN HARRISON: And Mr. Dingfelder seconds that.
12:05:18 All in favor?
12:05:22 (Motion carried).
12:05:22 >>SHAWN HARRISON: Anything?
12:05:28 Clerk?
12:05:28 >>THE CLERK: Presented council with a memorandum for
12:05:34 appointments to the architectural review commission.
12:05:44 (off microphone).
12:05:46 >> So moved.

12:05:46 >> Second.
12:05:47 (Motion carried).
12:05:47 >>SHAWN HARRISON: Now we go to our audience portion.
12:05:53 Is there anyone in the audience that would like to
12:05:54 speak on any item?
12:05:56 Seeing none, then, we are adjourned until 5:01 this
12:06:01 evening.
12:06:02 Thank you very much.
12:06:03 (Meeting adjourned)
12:06:05