Tampa City Council
Thursday, September 28, 2006
9:00 a.m. session
The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
The original of this transcript was produced in all
capital letters and any variation thereto may be a
result of third party edits and software compatibility
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
08:51:44 >>CHAIRMAN MILLER: Tampa City Council is called to
08:51:44 order. The chair yields to Kevin White.
08:51:44 >> KEVIN WHITE: Ms. Shirley Foxx-Knowles will be
09:06:33 giving the invocation.
09:06:34 So if we can rise for the invocation and pledge of
09:06:41 >>SHIRLEY FOXX-KNOWLES: Dear heavenly father.
09:06:48 Thank you for this day and this place and this time.
09:06:52 Thank you for this council.
09:06:53 Thank you for those assembled here.
09:06:56 Thank you for your many blessings.
09:06:59 Guide us through this day and make us all instruments
09:07:01 of your will.
09:07:03 These and many other blessings we ask in your precious
09:07:10 (Pledge of Allegiance).
09:07:33 >>GWEN MILLER: Roll call.
09:07:39 [Roll Call]
09:07:40 >>GWEN MILLER: At this time we go to a profit of the
09:07:43 First we would like to approve resolutions.
09:08:05 >>JOHN DINGFELDER: I'll hold it.
09:08:13 >>GWEN MILLER: Now we go to our staff report.
09:08:15 Mr. Jim Stefan.
09:08:16 >>MARTIN SHELBY: I'm sorry, Madam Chair, are you going
09:08:18 to do the sign-up sheet?
09:08:20 >>GWEN MILLER: That's what I'm going to do.
09:08:23 >>MARTIN SHELBY: Before you get to staff reports?
09:08:25 >>GWEN MILLER: Yes.
09:08:26 >>MARTIN SHELBY: Thank you.
09:08:27 >>JIM STEFAN: Budget officer.
09:08:28 I think I sent to all council people a memo I believe
09:08:35 Monday or Tuesday explaining that we had three
09:08:38 year-end resolution that is didn't quite make it
09:08:40 through doc agenda.
09:08:41 There was a mad rush last week and they just didn't
09:08:44 make it.
09:08:44 And I gave a memo, and the three resolutions, and
09:08:50 required to do year-end adjustments so I would
09:08:52 appreciate it if you could act on those three.
09:08:56 >>GWEN MILLER: Need a motion.
09:08:57 >> So moved.
09:08:58 >> Second.
09:08:58 (Motion carried).
09:08:58 >>GWEN MILLER: Cathy Coyle.
09:09:09 Cathy Coyle, not here.
09:09:12 Mr. Sal Territo?
09:09:13 >>SAL TERRITO: Legal department.
09:09:16 On item number 1 on your agenda, the interlocal
09:09:19 agreement with the county dealing with the convention
09:09:21 center issue, we would like to once again ask you to
09:09:24 continue that for two weeks.
09:09:26 We just haven't had a chance to look it over as
09:09:29 carefully as we would like to, to see how we want to
09:09:32 >> So moved.
09:09:33 >> Second.
09:09:33 (Motion carried).
09:09:34 >>GWEN MILLER: Mr. Steve Daignault.
09:09:41 >>STEVE DAIGNAULT: Administrator, public works utility
09:09:44 I want to speak about item number 4.
09:09:47 We had originally sent a memo asking for a two-weeks
09:09:51 postponement on that item.
09:09:53 Since then, the city clerk's R's office has received a
09:09:57 request from Andrew moos to withdraw that from the
09:10:01 agenda and we would be in support of that
09:10:04 >> So moved.
09:10:05 >> Second.
09:10:06 >>GWEN MILLER: Question on the motion?
09:10:08 >>JOHN DINGFELDER: can you explain that a little more,
09:10:14 I didn't follow that.
09:10:15 >>STEVE DAIGNAULT: This item was placed on the agenda
09:10:17 last week, asked that we come back and talk about
09:10:19 bench permit fees.
09:10:21 These are for the benches on the side of the road.
09:10:24 We had asked, or we had submitted a request to extend
09:10:27 it for two weeks so we could get some more information
09:10:30 and talk with the attorneys office.
09:10:32 Since then, the Florida Jaycees have sent in a letter
09:10:36 requesting that that be removed from the agenda, that
09:10:39 they are in agreement now with the new fees.
09:10:43 >> And they are going to pick up the fees?
09:10:47 >>> Right.
09:10:48 >>LINDA SAUL-SENA: I just wanted to compliment the
09:10:51 It's a good thing that we have permit fees because
09:10:54 people have to apply for a permit, and the city
09:10:56 reviews the placement of these benches.
09:10:58 The county does not have a rule like that in place,
09:11:01 and they wished that they did, because they have a
09:11:04 problem with benches being put inappropriately.
09:11:07 But I want to compliment the city for having this
09:11:10 level of scrutiny, and I wanted to encourage us as
09:11:13 things move on that we become even more sensitive to
09:11:16 ADA concerns so that people have the expectation of
09:11:19 being able to wait on a bench where it stays ADA
09:11:24 compliant and they can then have a sidewalk once they
09:11:29 go into a neighborhood to walk safely away from the
09:11:33 transit stop.
09:11:34 Thank you.
09:11:34 >>MARY ALVAREZ: Mr. Daignault, regarding the ADA
09:11:38 compliance, were they compliant or not?
09:11:44 >>> Well, first of all, we don't have a requirement in
09:11:47 our ordinance to make them all ADA compliant.
09:11:50 Some of them as you have probably seen are in the
09:11:52 We are working with the Hartline to try to get those
09:11:56 bus stops closer to sidewalks, trying to get nicer
09:12:01 stops, some of the covered stops, so we're moving in
09:12:04 that direction.
09:12:05 I think we're making them more and more ADA compliant,
09:12:08 even though that's not, again, an official
09:12:11 We certainly want to move in that direction.
09:12:13 And we would like that to be there.
09:12:15 >>MARY ALVAREZ: Would it be -- the Jaycees is the one
09:12:20 that instigated this complaint, is that right?
09:12:23 >>> That's my understanding.
09:12:24 >> So my question is, are their benches ADA compliant?
09:12:32 >>> They are not all placed by a sidewalk that I would
09:12:35 consider to be ADA compliant.
09:12:38 Again I'm not sure that there is a requirement that
09:12:40 they be there.
09:12:41 Certainly a desire.
09:12:42 Certainly we would all like them to be in that way.
09:12:46 And again I think we're moving to where more and more
09:12:49 of them are.
09:12:52 >> Have there been any complaints from the ADA?
09:12:55 I'm just asking a question, I don't know.
09:12:57 >>> And again, I don't have that information today.
09:13:00 I'm sorry.
09:13:01 That's why we were asking for a continuance, to be
09:13:04 able to collect some more information.
09:13:05 >>MARY ALVAREZ: Well, would you mind bringing that
09:13:08 back to us?
09:13:11 >>> Certainly, be glad to.
09:13:12 >> I would like to know how many complaints you're
09:13:15 >>> Certainly.
09:13:16 >> Thank you so much.
09:13:17 >>GWEN MILLER: Mr. Dingfelder?
09:13:18 >>JOHN DINGFELDER: As your representative on the
09:13:20 Hartline, this has been a big issue with Hartline
09:13:23 probably for a long time, I would guess.
09:13:28 And it's also an issue in the county.
09:13:31 And so I think there's a committee that the city --
09:13:37 Steve, you have a representative, I think Ed
09:13:42 Washington, city has a representative, Hartline has a
09:13:45 And Hartline just, I think, we were hiring a
09:13:51 contractor to go out and survey every single bus stop
09:13:53 in the entire county, city and county, which is a big
09:13:59 I think it's more than tens of thousands of bus stops,
09:14:02 at least thousands of bus stops.
09:14:05 Look at each one, you know, what problems there are,
09:14:09 come back with recommendations and that sort of thing.
09:14:12 So that's an ongoing project that Hartline just
09:14:15 committed to this year.
09:14:16 So I know Steve will be coming back with that via Jan
09:14:23 >>> Our new construction projects like 40th Street and
09:14:26 Manhattan are certainly going to be ADA compliant and
09:14:29 we'll have those sorts of advantages along the way.
09:14:32 >>GWEN MILLER: We have a motion and second on the
09:14:33 (Motion carried).
09:14:36 We go back to the approval of the agenda.
09:14:38 Mr. Dingfelder, you said you had something you wanted
09:14:40 to pull.
09:14:40 >>JOHN DINGFELDER: Well, Madam Chair, I just wanted to
09:14:44 talk about the project here tonight and our schedule.
09:14:49 I'm a little concerned, because as you know, after the
09:14:53 budget hearing, then we had --
09:14:57 >>GWEN MILLER: After we approve the agenda.
09:14:59 >>JOHN DINGFELDER: But it relates to the agenda.
09:15:02 That's where I'm going with this.
09:15:10 I have been asking questions about the budget proposal
09:15:12 that the mayor has suggested to us and I imagine other
09:15:15 council members are making their own phone calls but
09:15:20 clearly we don't know what the phone calls that each
09:15:22 other have been having because of sunshine and that's
09:15:25 the way it should be.
09:15:26 What I am going to suggest at the end of today's
09:15:28 council meeting that we add an extra item -- and I
09:15:31 don't know what the appropriate place would be.
09:15:33 Marty, maybe an off-the-agenda item or add-on to the
09:15:40 To not have any discussion about the budget, because
09:15:43 that's what we are going to do tonight.
09:15:45 But specifically to ask staff to come in and talk to
09:15:48 us about the specific proposals that the mayor has
09:15:53 made on her seven-page document.
09:15:56 I think it's completely appropriate that we have that
09:15:59 dialogue with staff just like when do any other issue
09:16:03 with staff.
09:16:04 There is probably at least 50 different line items
09:16:06 that the mayor has suggested in response to our
09:16:09 millage reduction that we cut.
09:16:11 And some of them are rather obscure, because it's just
09:16:17 a very sort of vague reference with a worried number
09:16:21 next to it.
09:16:21 And so I think it would be helpful to all of us to be
09:16:24 able to have, you know, several staff members, not
09:16:27 every department, but at least Bonnie and some of the
09:16:29 other finance staff people here.
09:16:31 And that way, we can say, what is this item?
09:16:34 Where is this coming from?
09:16:36 It says, you know, such and such.
09:16:38 What exactly does it mean?
09:16:39 I think it would be a healthy sort of question and
09:16:42 answer period just with staff.
09:16:45 It's not intended to be the actual discussion about
09:16:49 the budget that worry going to have tonight.
09:16:53 >>DAVID SMITH: City attorney.
09:16:55 And, unfortunately, I had a discussion with Mr. Shelby
09:16:59 He brought this issue up, indicated it was a concern.
09:17:02 I think that's an excellent way to approach things.
09:17:05 So we have an opportunity to do the best we can, to
09:17:08 look at these issues and provide you a thorough
09:17:12 Unfortunately, and 24 hours is not exactly -- let me
09:17:17 respond to Mr. Dingfelder's suggestion to give you my
09:17:21 First of all, the question is, can you discuss the
09:17:24 budget cut at today's meeting as opposed to the
09:17:26 meeting that starts at 5:00?
09:17:29 I've got calls to the Department of Revenue and talked
09:17:33 to other city attorneys who handled this directly.
09:17:37 >>JOHN DINGFELDER: And David, you heard the parameters
09:17:40 which I stated, which are very limited, that we ask
09:17:42 staff to come down and talk to us about all sorts of
09:17:45 This just be an opportunity for to us ask staff,
09:17:48 exactly what does the 7-page document mean?
09:17:51 And what are these line items?
09:17:53 Not for us to have, you know, discussions among
09:17:55 ourselves or opinion imposed by any means.
09:18:00 Those are the parameters I am suggesting.
09:18:02 >>DAVID SMITH: I understand.
09:18:04 And let me tell you, my opinion is still that you
09:18:06 can't do that but let me explain it and give you the
09:18:08 rationale behind that.
09:18:15 There's in a case law directly on point.
09:18:17 I can tell you up front.
09:18:18 The statute, however, I think evidences a specific
09:18:23 The policy is that the public will have an opportunity
09:18:25 to participate in setting the rate and in discussing
09:18:29 the budget.
09:18:30 As a matter of fact, the statute in several instances
09:18:33 specifically uses the language, discuss, comment, ask
09:18:40 The case that I did find that relates to it -- and I
09:18:47 brought a couple cases down to you this morning -- is
09:18:49 the Wilson versus Marion county school board.
09:18:51 And what it does indicate is it indicates the policies
09:18:54 with regard to taxpayer issues.
09:18:58 And specifically what they say is when you have a
09:19:03 provision that's intended to protect the taxpayer, in
09:19:06 this case the taxpayer's ability to participate, they
09:19:09 must be strictly construed.
09:19:13 And I'll read you a couple because you haven't seen
09:19:18 If the provision not complied with was intended for
09:19:20 the protection of the taxpayer, courts construe such
09:19:23 statutes requiring strict compliance even though the
09:19:27 language used is not particularly mandatory.
09:19:32 It goes on and also says when the taxing powers
09:19:37 exercised by the taxes authority which does not have
09:19:39 inherent power to tax such as cities and school
09:19:43 boards, courts read the statute strictly.
09:19:48 Failure to comply with the statute is not just an
09:19:51 irregularity but is a fatal initiation that vitiates.
09:19:57 And they are willing to overlook missed steps and
09:20:02 failures on behalf of tax authorities, where the
09:20:04 defects do not create basic unfairness and are not
09:20:07 mandated by the statute.
09:20:11 To give you a concept of what this court thought was
09:20:14 important, it indicated that a public throng rather
09:20:16 than a public election is intended to take place.
09:20:20 What the elected officials answer directly to the
09:20:26 And in this instance it says the notice and
09:20:28 opportunity goes to the essence of the taxpayers'
09:20:33 rights and deprive the taxpayers of the notice of the
09:20:35 intended levy and the rights to attend the meeting
09:20:38 where they could be heard.
09:20:39 Finally, it says the purpose of these provisions are
09:20:47 so it will be submitted to the voters directly.
09:20:49 The problem with this case is, they found that the
09:20:52 compliance was not adequate, and they completely
09:20:55 overturned the tax, meaning the remedy is severe.
09:20:58 The remedy in this instance under chapter 200 appears
09:21:01 to be that we will be stuck with the rollback rate.
09:21:04 That's a much more significant decrease than what I
09:21:07 think even council intends and certainly is greater
09:21:12 than what you have before you.
09:21:13 So the problem is the risk is great.
09:21:18 Admittedly case law is not absolutely clear.
09:21:21 And I have talked to one city attorney.
09:21:22 He has been the city attorney for 42 years.
09:21:24 And he indicates that he would recommend to his board
09:21:29 that you not have this kind of discussion at this kind
09:21:32 of a hearing.
09:21:32 Now had we noticed it at the first hearing, and had
09:21:37 this board indicated we are also going to have further
09:21:39 discussion preliminarily, that would be a tougher
09:21:42 >>JOHN DINGFELDER: I thought somebody tried to do that
09:21:46 as I recall.
09:21:47 >>DAVID SMITH: No, that happened at the 21st when
09:21:50 you wanted to talk about it at the 26th.
09:21:53 It wasn't at the 14th.
09:21:54 So the tentative budget hearing would have been the
09:21:56 best place to indicate you are going to have
09:21:57 additional discussions if you are going to do so.
09:22:03 That gets you outside of the statute.
09:22:06 And I do have a call into the department of revenue to
09:22:08 find out their position in this regard.
09:22:10 And it's a huge risk.
09:22:12 I understand what you want to do.
09:22:14 And it's perfectly what you should be doing.
09:22:16 You should have the dialogue.
09:22:17 And hopefully we can address these issues so next year
09:22:21 you have a fuller and sooner dialogue than we had this
09:22:26 But I think you can do that at 5:00 as well.
09:22:29 And the statute among other things says, in the
09:22:31 hearings required pursuant to this section -- I'm
09:22:36 sorry, it's the wrong provision. The provision that
09:22:38 deals with the timing of the hearings is in subpart
09:22:43 E-2, says these hearings shall be held after 5 p.m.
09:22:47 Also in subpart D-1, it talks about the first
09:22:51 substantive issue discussed shall be the percentage
09:22:53 increase in millage.
09:22:54 Then it says during such discussion the governing body
09:22:59 shall hear comments regarding the proposed increase
09:23:01 and explain the reasons for the rollback, why the
09:23:05 increases over the rollback rate. The general public
09:23:09 shall be allowed to speak and ask questions prior to
09:23:11 adoption of any measure by the governing body.
09:23:13 Now, we can read that strictly and say it says they
09:23:16 only get to participate prior to the adoption.
09:23:20 Strictly against the taxpayer.
09:23:21 But I think the case law suggests it's strictly
09:23:25 against the taxing authority.
09:23:26 So I need to tell you as your attorney I'm concerned.
09:23:29 I'm concerned that the risk is high.
09:23:31 The benefit you are paying is minimal.
09:23:34 And it could be a real problem.
09:23:36 And I think you, to be consistent with the tenor of
09:23:42 the statute, you have your discussion in front of
09:23:44 the -- would you put that on mute?
09:23:58 That's the department of revenue so we are getting
09:24:00 input right now.
09:24:01 So I would suggest you not have your discussion.
09:24:03 I understand the benefit.
09:24:04 I understand it's not intended to a bait public input.
09:24:08 But these measures are unfortunately not read very
09:24:11 generously and the risk is extremely high.
09:24:17 >>GWEN MILLER: Other questions, Mr. Dingfelder?
09:24:20 >>JOHN DINGFELDER: Well, I respect Mr. Smith's
09:24:23 I think that I think it's based on abundance of
09:24:36 caution rather than any law.
09:24:37 There is a statute that says we had the meeting two
09:24:40 weeks ago, we have to have the meeting tonight, we'll
09:24:42 have a full-blown public hearing with plenty of public
09:24:44 input at both of those meetings.
09:24:46 I don't think the statute really addresses the exact
09:24:49 And you have been very Frank about that.
09:24:51 And the case law doesn't address the specific question
09:24:53 about what happened.
09:24:54 Because I'm sure if that case had been more directly
09:24:57 on point you would have pointed that out.
09:25:01 But the risk that you point out is great.
09:25:05 You know, obviously, we don't want to, you know, just
09:25:09 out of convenience for ourselves, it would be more
09:25:12 convenient to have this discussion with staff this
09:25:14 afternoon, than at 5:00 tonight, just because I think
09:25:17 it might take an extra hour or two to wrestle through
09:25:21 some of these issues.
09:25:22 But just out of convenience I don't think we can
09:25:24 afford the risk.
09:25:25 So I'll back off on that suggestion but hopefully over
09:25:27 the next year we can get a clearer understanding of
09:25:31 >>DAVID SMITH: One additional thing.
09:25:33 I appreciate that.
09:25:33 I think that is the sound decision.
09:25:35 Mr. Shelby and I have already started a dialogue with
09:25:37 regard to how we can perhaps help this process in the
09:25:43 future in a manner consistent with the statute and the
09:25:45 charter and we have some ideas that I think will help.
09:25:48 Thank you very much.
09:25:48 >>GWEN MILLER: We need to approve the agenda.
09:25:50 >> So moved.
09:25:50 >>JOHN DINGFELDER: Mr. Smith, you and I talked
09:25:54 yesterday about the pumping station.
09:25:55 Do you want to continue that for a few weeks?
09:25:58 >>DAVID SMITH: We have had additional developments on
09:26:00 Let me have Cathy fill you in on that.
09:26:03 A little more convoluted.
09:26:06 >>JOHN DINGFELDER: If it's convoluted and you want to
09:26:09 continue it, these fine.
09:26:13 >>> Cathy Ginster, legal department, here on two
09:26:19 items, to request that item 32 and 23 both be pulled
09:26:24 from the agenda, and it may be submitted at a later
09:26:30 >>JOHN DINGFELDER: You just want it pulled completely?
09:26:33 >>> Completely pulled, yes.
09:26:36 Items 23 and 32.
09:26:40 The same subject matter as months ago.
09:26:43 >> So moved.
09:26:44 >> Second.
09:26:44 (Motion carried).
09:26:48 >>> Thank you.
09:26:48 I'm here on a second item as well.
09:26:51 A request that an item be added to the agenda for
09:26:56 nonagendaed council resolution being requested to be
09:27:00 added on, and it is related to the Tampa Heights
09:27:04 But the request is that council would approve a
09:27:09 resolution to designate two public hearings, on
09:27:15 October 12th and October 26th.
09:27:18 On behalf of a brownfield application, designate the
09:27:25 Tampa armature works site as a brownfield.
09:27:29 And there are -- yesterday, I understand that you were
09:27:35 provided with a copy of the resolution, as well as a
09:27:39 brief memo explaining the basic reason why the request
09:27:42 is being made.
09:27:45 There are some unique circumstances with a change in
09:27:47 the law, effective in July, which is -- allows the
09:27:54 developer some fiscal incentives that were not
09:27:58 previously available if this matter can be expedited
09:28:01 and be -- all the paperwork filed with the state
09:28:05 before December 31st of this year.
09:28:07 >>LINDA SAUL-SENA: So moved.
09:28:11 >>JOHN DINGFELDER: Second.
09:28:12 >>MARTIN SHELBY: Just to bring to council's attention
09:28:14 the awareness that if this is set for 5:30 on the --
09:28:19 >>> 26th.
09:28:21 >>MARTIN SHELBY: 26th?
09:28:23 >>> Yes.
09:28:24 >>MARTIN SHELBY: Council has scheduled an hour from
09:28:27 5:01 to 6:00 on the area for rezoning of Central Park.
09:28:30 I just bring that to council's attention.
09:28:31 >>GWEN MILLER: Motion and second.
09:28:33 All in favor of the motion say Aye.
09:28:35 Opposed, Nay.
09:28:35 (Motion carried)
09:28:37 Now we need to approve the agenda.
09:28:40 >> So moved.
09:28:40 >> Second.
09:28:40 (Motion carried).
09:28:41 >>GWEN MILLER: We go to our staff items, number 2.
09:28:57 We have a staff report.
09:28:59 >> So moved.
09:29:00 >> Second.
09:29:00 (Motion carried).
09:29:01 >>GWEN MILLER: Item 3.
09:29:03 Julie Cole, item 3.
09:29:17 >>JULIA COLE: Legal department.
09:29:18 I was requested to come back on the banner ordinance
09:29:23 and potential amendment.
09:29:24 It allows the small banners to be placed within the
09:29:27 right-of-way in 2003.
09:29:28 The banner ordinance has very specific streets in
09:29:32 which banners will be allowed.
09:29:33 And I understand there's been a request by the
09:29:35 Westshore alliance to expand that.
09:29:41 On Kennedy, currently the banner ordinance allows
09:29:45 banners between Lois Avenue and Dale Mabry, and the
09:29:48 request is to expand that from Lois Avenue West to
09:29:57 Hoover Avenue into the Westshore business district.
09:30:01 That can easily be done in terms of not having to go
09:30:05 back to the Planning Commission so we can come back to
09:30:07 you quite quick with that but I do understand that Ms.
09:30:10 Vizzi is here and has some concerns about moving
09:30:13 forward to amend the ordinance.
09:30:15 Also -- and I can't recall her last name -- the
09:30:21 Westshore alliance is hear who can talk a little more
09:30:23 about what their plan is for the banner ordinance and
09:30:26 what the type of banners they would like to do.
09:30:29 But just so record is clear, it can't be limited to
09:30:33 only the Westshore alliance.
09:30:39 >>LINDA SAUL-SENA: Question.
09:30:41 What about east of there, like the Kennedy Boulevard
09:30:44 bridge to that point?
09:30:47 >> The banner ordinance allows banners on Kennedy
09:30:50 between North Boulevard and Jefferson, and then
09:30:53 between Lois Avenue and Dale Mabry.
09:30:55 And those are the only portions of Kennedy which the
09:30:58 banners are allowed.
09:31:02 >> Depending on what we do, one of the whole points of
09:31:04 the Kennedy plan which we have all been working on for
09:31:07 decades is to have some visual continuity along
09:31:09 And I would think that whatever we would do, we should
09:31:12 do in Kennedy's entirety.
09:31:16 Because I think that visual continuity is on point
09:31:21 with doing something.
09:31:22 I want to throw that out.
09:31:23 That's something that maybe people who come up to
09:31:25 speak could address.
09:31:27 It makes sense from an urban design standpoint to have
09:31:29 the continuity to the entirety of the Boulevard.
09:31:33 Thank you.
09:31:33 >>MARY ALVAREZ: I agree with you, Ms. Saul-Sena.
09:31:36 It looks beautiful on Boy Scout Boulevard and the
09:31:39 banners that were put out there were just absolutely
09:31:44 They were very artful, and people were taking pride in
09:31:47 doing this.
09:31:49 It's ludicrous not to even think about doing it on
09:31:52 Kennedy Boulevard all the way, like you said.
09:31:54 >>JOHN DINGFELDER: Then, Mary
09:32:01 >>GWEN MILLER: Ms. Cole, when would you be coming
09:32:06 >>JULIA COLE: I don't know if you want to hear from
09:32:08 folks now or wait and then vote to direct me.
09:32:12 >>GWEN MILLER: Okay.
09:32:13 We are going to go to number 5, Mr. Shelby.
09:32:22 >>MARTIN SHELBY: The public hearing is closed on WZ
09:32:31 06-115, a request by petitioner to seek a one-year
09:32:35 conditional use for a wet zoning.
09:32:37 The ordinance that was originally presented was for a
09:32:40 permanent wet zoning.
09:32:42 He made the request for a one-year conditional.
09:32:45 The motion that was made was to request the legal
09:32:52 department to prepare an ordinance for a one-year
09:32:55 conditional use, per the verbal request of the
09:32:57 petitioner's representative.
09:32:58 That failed to get the required 4 votes as pursuant to
09:33:04 rule 4-C of council's rules of proceed with a full
09:33:07 council now present.
09:33:11 Council shall take a vote without needing to open the
09:33:15 public hearing.
09:33:16 And I would ask chair Miller if you're prepared to
09:33:24 vote on the issue.
09:33:27 >>GWEN MILLER: We have a motion and second, one-year
09:33:30 All in favor of that motion say Aye.
09:33:32 Opposed, Nay.
09:33:44 >> Harrison, Ferlita, Miller, white, voting no.
09:33:47 Motion failed.
09:33:48 >>GWEN MILLER: Is there anyone in the public -- do you
09:33:50 want to speak?
09:33:55 >>JOHN DINGFELDER: Just a point of order.
09:33:57 The motion was to pass that.
09:33:59 The motion did not pass.
09:34:01 So it leaves it dangling.
09:34:02 >>MARTIN SHELBY: That's correct.
09:34:04 It requires now action to be taken.
09:34:09 >>JOHN DINGFELDER: Motion to deny.
09:34:10 >> Second.
09:34:11 >>GWEN MILLER: Motion and second for denial.
09:34:13 >>THE CLERK: Dingfelder, Saul-Sena, Alvarez voting no.
09:34:22 >>JOHN DINGFELDER: And we are going to have to
09:34:24 remember for future reference to put more into the
09:34:25 motion after October 1st.
09:34:28 >>GWEN MILLER: Thank you.
09:34:30 Is there anyone in the public that would like to ask
09:34:32 for reconsideration?
09:34:35 >> Just for the courtesy to the gentleman, I don't
09:34:39 think he understands.
09:34:41 >>GWEN MILLER: Would you explain, please?
09:34:46 All right.
09:34:46 Is there anyone in the public that would like to come
09:34:48 up and speak now on any item on the agenda not set for
09:34:51 public hearing.
09:34:51 You may come up and speak now.
09:34:58 >>> Ann Shelig with the Westshore alliance, that Julia
09:35:04 just discussed.
09:35:05 We think it's absolutely appropriate.
09:35:07 Kennedy is a commercial corridor.
09:35:09 It's part of our overlay district.
09:35:11 And it's what the city has been trying to do to
09:35:14 beautify Kennedy.
09:35:15 We think it's appropriate for that location.
09:35:19 We certainly understand that other groups, proposed
09:35:21 banners or types of banners.
09:35:23 But this is what we did last year along Boy Scout
09:35:26 Boulevard, for those of you that have not seen them,
09:35:29 those are just some examples of the banners.
09:35:31 It is a partnership with the city.
09:35:33 We have local artists design the art work, and
09:35:36 different companies sponsor it.
09:35:38 But in regard to comments regarding the entire length
09:35:45 of Kennedy, I'm not really sure why it's not included.
09:35:47 My hunch is, you can only put these banners, if
09:35:58 there's any kind of overhead wire you can't put a
09:36:01 banner on that location.
09:36:03 That would be why that's not included, and why we were
09:36:07 not originally involved in the banner ordinance, put
09:36:09 in place three or four years ago.
09:36:11 But my hunch is why that exists.
09:36:13 Some day -- only have underground poles that could be
09:36:22 But we think this is a great thing for beautifying
09:36:24 that location and it's strictly a commercial.
09:36:26 >>SANTIAGO CORRADA:
09:36:26 We are not encroaching on any residential area so it's
09:36:29 a good thing.
09:36:30 >>GWEN MILLER: Thank you.
09:36:34 >>MARGARET VIZZI: 213 South Sherill.
09:36:37 After the ordinance was adopted there was great
09:36:40 discussion, many, many were involved.
09:36:42 I'm not sure how Westshore didn't get notice of this,
09:36:45 and weren't involved as well, but Tampa homeowners did
09:36:51 get very involved and there was great discussion on
09:36:53 whether it should be on Kennedy or not.
09:36:55 It was my understanding, if they would only go to
09:36:58 where the downtown is considered, that Kennedy, as far
09:37:03 as North Boulevard or is considered the downtown.
09:37:11 Kennedy Boulevard as we all know is so loaded already
09:37:14 with signs that it's a disgrace.
09:37:18 And we have been trying desperately to get rid of some
09:37:22 of the illegal signs that are along Kennedy.
09:37:25 So we felt that they shouldn't be, because of the fact
09:37:30 that it's been mentioned but not really drawn out,
09:37:36 tasteful banners aren't only allowed.
09:37:40 Any kind of banners could be allowed.
09:37:42 And even though Ferman has moved his car dealership, I
09:37:46 have seen more of the used car dealerships, you know,
09:37:51 coming up along Kennedy.
09:37:55 They could put banners.
09:37:57 Anybody could put banners.
09:37:58 I know you still have to get permits to do it.
09:38:01 But it was my understanding -- and that's why I was
09:38:06 surprised to find out -- it even went from Dale Mabry
09:38:08 to Lois, because specifically it was not supposed to
09:38:13 I don't know how that part got into the banner
09:38:16 But I would encourage council not to go with banners
09:38:23 on Kennedy Boulevard, because Kennedy is already
09:38:25 overloaded with signs, many of them, that are illegal.
09:38:31 And I know the neighborhoods along there did give
09:38:36 input, particularly through T.H.A.N., and I know Sue
09:38:40 Lyon stood up here and spoke, and I spoke as a member
09:38:46 of the Westshore neighborhood committee.
09:38:49 I'm not sure how that all came about but I would
09:38:52 strongly encourage you not to change the ordinance.
09:38:56 And it really should come up as part of the whole sign
09:39:00 issue that's coming before council soon.
09:39:03 And it was actually came before the sign committee
09:39:09 which I am part of.
09:39:11 We decided to leave the banner ordinance alone.
09:39:13 Once again, I didn't know it included the area from
09:39:18 Dale Mabry to Lois, or I would have said at that time,
09:39:22 remove that.
09:39:23 But I strongly encourage you not to change it now,
09:39:26 especially let it come through the sign ordinance
09:39:34 >>JOHN DINGFELDER: I guess I'm a little confused.
09:39:53 >>LINDA SAUL-SENA: I believe there's a prohibition if
09:39:56 they are commercial.
09:39:56 They are not supposed to be commercial.
09:39:58 Could you put the content description on banners?
09:40:00 >>JULIA COLE: Legal department.
09:40:16 There is a restriction in sponsorship logo that they
09:40:19 can only be 10% of the banner as a whole, and the
09:40:23 banner size is limited.
09:40:24 So these are a little bit different than the general
09:40:28 sign-type banners.
09:40:29 >> What is the other 90% supposed to be, if only 10%
09:40:33 is sponsorship?
09:40:34 >>> It includes advertising, then it could be public
09:40:36 art, those kinds of things.
09:40:37 It's just not intended to be commercial banners.
09:40:40 So you couldn't have a banner under the ordinance that
09:40:44 was total advertisement.
09:40:46 There had to be some type of public event.
09:40:50 >>GWEN MILLER: Thank you.
09:40:56 >>LINDA SAUL-SENA: Julia, so if we see a car
09:41:00 dealership that says "buy our car," that's not the
09:41:03 banners that we are talking about.
09:41:05 That's on their property, and that's signage,
09:41:07 advertising their thinking thing, as opposed to the
09:41:10 banners on public right-of-way which have to have a
09:41:12 public purpose, and the sponsorship, I believe, is
09:41:17 just 10% of the total area.
09:41:19 >>JULIA COLE: That's correct.
09:41:23 >> And there's that restriction that we are not
09:41:26 talking about changing.
09:41:27 >>> That's correct.
09:41:30 This is just the location of where they are currently
09:41:33 >>CHAIRMAN: Thank you.
09:41:36 >>ROSE FERLITA: I think that could be something that
09:41:57 we could have an expectation that somebody could take
09:42:00 that up and decide what can and can't be done on those
09:42:05 property owner advertising signs, because this is a
09:42:11 starting date, who monitors when the start-up time was
09:42:15 and when it comes down.
09:42:16 Julia, was that my understanding, that we had some
09:42:19 conversation about this as a follow-up to maybe to
09:42:24 discuss this?
09:42:27 >>> It was related to on-site signage and the way the
09:42:30 sign code is, it's on-site, temporary banners, and
09:42:36 there is a provision that has been -- it is different.
09:42:39 And that's a vision for on-site banners, I think
09:42:43 everybody believes can be abused.
09:42:46 >> In order to make that understanding and that
09:42:47 concept whole, at some point this counsel or somebody
09:42:50 needs to look at that and better define it so we can
09:42:53 define what is a temporary, when does it start, what
09:42:56 the mechanism is for making sure that the person that
09:42:58 applies for that permit removes it in a timely
09:43:01 But those are things that still are pending, and
09:43:04 somebody needs to look at that.
09:43:07 >>GWEN MILLER: Mr. Knott.
09:43:12 >>MOSES KNOTT, JR.: Good morning, ladies and
09:43:14 My name Moses Knott, Jr., I reside at 2902 East
09:43:19 Ellicott street three nights a week.
09:43:22 And I thank God for his grace and his mercy.
09:43:24 I thank God for the opportunity to stand here and
09:43:28 speak to you all educated people.
09:43:33 You know, this sign thing here, taking on the signs
09:43:37 this morning.
09:43:38 And I'm going to try to lean back you all talked about
09:43:42 awhile ago.
09:43:47 I thank God for Mr. Shelby and I thank God for Mr.
09:43:50 You know, I been coming to this podium before a lot of
09:43:54 you all.
09:43:54 You never had a city attorney to come out here and be
09:43:59 with you all one on one.
09:44:00 You never had that before.
09:44:01 You all do things just like you all want to do.
09:44:04 You all can twist it, like a lot of people do in the
09:44:07 Bible, twist it up, straighten it out, like Doe dough.
09:44:16 But I want to go back to the sign thing now.
09:44:18 You all started on the sign thing here.
09:44:21 Dick Greco came up with that thing first, made
09:44:24 everybody get rid of illegal signs.
09:44:26 Over in my part of town, people had a business, run a
09:44:30 business, tear the people's sign down, let the
09:44:34 people -- how do people make a living with no sign?
09:44:38 But seriously, and then you all got over to the.
09:44:46 But a lot of people -- but I want to say that this
09:44:57 sign thing here, you all have took this thing and done
09:45:04 Now this morning, used the word banner.
09:45:09 All at the same time, it says sign, you know.
09:45:17 But you all -- you make it legal on Kennedy but can't
09:45:22 do it nowhere in this town.
09:45:24 Now you all politician signs, ooh, that thing like
09:45:27 give me a heart attack.
09:45:29 And they still got those politician signs over there.
09:45:35 They are still there.
09:45:37 How in the world can they do something like that?
09:45:40 They done overkill.
09:45:44 About these signs.
09:45:45 And then the politician that put his sign up.
09:45:49 And people got into it.
09:45:51 Oh, people call, ooh, they got a bunch of signs on
09:45:55 their street.
09:45:56 They are moving on one street but they got a bunch of
09:45:58 signs on another street over there.
09:45:59 But everybody in town about this sign thing, I think
09:46:05 it's overkill.
09:46:07 And then there's this thing called human rights.
09:46:10 You all don't care about human rights in this town.
09:46:13 You all use the law 150%.
09:46:19 Didn't go there to change the law.
09:46:20 Make it rate for everybody.
09:46:23 You all make it overkill.
09:46:27 Let another guy get away with murder.
09:46:29 But I thank God for Mr. Smith and for Mr. Shelby.
09:46:32 They keep you all in check.
09:46:33 Because this City Council never had people like that.
09:46:35 You all got two lawyers, sharp lawyers, and one of the
09:46:40 toughest police ever had over there.
09:46:46 >>GWEN MILLER: Thank you.
09:46:58 >>> Judith Rossberg representing Baha association.
09:47:03 I would like to address you on number 47 come up later
09:47:06 this morning.
09:47:07 I'm speaking on behalf of our board and my community.
09:47:12 We are asking the questions, and the question asked,
09:47:16 why another study on lake Kipling?
09:47:19 We have been doing studies, we have been doing
09:47:24 reports, we have come before the board, City Council
09:47:26 on many occasions, and we are still waiting for some
09:47:30 We worked very hard to get a clean lakes grant for the
09:47:36 When the city separated from stormwater, sanitary
09:47:39 sewer, to separate departments, we were able to apply
09:47:43 for grants.
09:47:46 ELLIE Montague and others worked very hard to get this
09:47:51 money and matching funds.
09:47:52 But the things that I'm asking you today is, why
09:47:55 another study?
09:47:56 Why hasn't anything been done?
09:47:59 I have been calling for months, for years.
09:48:02 I have listed my address for 35 years, and I have seen
09:48:06 the degradation of Lake Kipling, the creeks, the
09:48:12 estuaries that go into our bay, and nothing has been
09:48:16 We keep hoping some of this grant money would go to
09:48:19 the cleanout of lake Kipling, the Dundee turn-around.
09:48:25 At one time lake Kipling was a beautiful, estuary.
09:48:30 And it is now fogged over, terribly polluted, with
09:48:33 sedimentation that comes from all over the city, and
09:48:35 spring lake, if some of you know your history, used to
09:48:41 be a watering hole for the cows on the way to Port
09:48:47 Tampa in the early 1900s.
09:48:49 Our area was plotted and founded in 1926.
09:48:53 And our area, nothing has been spent or done for any
09:48:58 kind of clean-up, they put in larger pipes to dump the
09:49:03 waste, the stormwater, but nothing has been done to
09:49:06 correct the pollution.
09:49:08 And in the 35 years that I've lived in my house, I've
09:49:12 seen deterioration.
09:49:14 I mean, we used to have blue crabs, HERON, egrets,
09:49:22 mullet used to jump.
09:49:23 The only thing that is jumping is to get out of the
09:49:27 lake or die, and we had so many fish kills.
09:49:30 And this issue needs to be addressed.
09:49:32 I think Westshore area, Westshore district, is a
09:49:35 beautiful area.
09:49:37 But it has to be maintained.
09:49:38 And I really think you should push stormwater
09:49:41 department to spend some of their money wisely on not
09:49:45 study after study, to all be studied to their benefit,
09:49:49 but to do something for the community that surrounds
09:49:52 the natural lakes and estuaries and creeks.
09:49:59 They actually relegated our lake -- beautiful lake
09:50:05 Kipling to a retention respond in their studies.
09:50:09 We are not a retention pond.
09:50:10 And if we were, we would probably have better
09:50:12 clean-out and better care of a retention pond than as
09:50:16 a natural estuary.
09:50:18 But something needs to be done.
09:50:19 And I really hope you can push stormwater department
09:50:22 for a clean-up to this area.
09:50:24 Thank you.
09:50:24 >>GWEN MILLER: Thank you.
09:50:31 >>> Ellie Montague, 3702 Browning Avenue.
09:50:34 Same ol' same ol' for 35 years.
09:50:36 I have been fighting to clean up lake Kipling.
09:50:39 I heard you say the other day, so sad that
09:50:42 Hillsborough River is polluted by all the people who
09:50:44 put things into the drains.
09:50:46 Well, they do that, and it's a huge watershed for
09:50:52 Kipling, and Kipling is a much smaller body of water
09:50:55 so therefore the impact is greater.
09:51:01 It's a constant thing.
09:51:04 I do represent the homeowners, long before the
09:51:10 homeowners even formed.
09:51:12 I see nothing that you do for us.
09:51:15 And I think it's time to get behind.
09:51:17 I know that there's grant money.
09:51:20 And I hate to see all the grant money used for
09:51:24 studying again and again.
09:51:27 It is waters of the U.S.
09:51:29 It's called lake Kipling, very important to keep this
09:51:34 clean, and in a one does it.
09:51:42 You know what mangroves do, they collect the
09:51:46 Michael Bullwell of stormwater years ago did cut the
09:51:50 mangroves back to their roots.
09:51:53 They have to be taken out.
09:51:54 I talked to Kathleen in Tallahassee who is in charge
09:51:59 of all of that.
09:52:00 She said, absolutely, they cannot have any excuse
09:52:02 about it not being able to be done.
09:52:04 They can take the mangroves out.
09:52:06 They use it as an excuse. Anyway, it's deplorable.
09:52:10 I have to beg for anything that's done, our only green
09:52:15 space in our whole area.
09:52:17 And I believe that we deserve to have the -- we also
09:52:22 have the grants, we have the money.
09:52:24 It's just never taken care of.
09:52:29 All we can do is study.
09:52:30 I am not really the expert to say we shouldn't do
09:52:32 another study, because we have done so many in the
09:52:35 past, that I believe we should do something.
09:52:37 I think that someone should get behind it.
09:52:39 And I certainly can't do more than open my big mouth
09:52:42 all the time as you well know, for 35 years.
09:52:45 So I hope that you sitting in the seats can help get
09:52:50 something done.
09:52:51 I think it's important to our Gulf, to our bay, to our
09:52:55 waters of the sufficient.
09:52:59 It doesn't stop there.
09:53:00 Robin woods of environmental tells me we must go to
09:53:02 the outside at Dundee river.
09:53:05 I hope you're all listening.
09:53:06 >>GWEN MILLER: Thank you, Ms. Montague.
09:53:18 >> Merely Anderson, I'm a member of the board of
09:53:22 Sunset Park homeowners association.
09:53:26 ELLIE is a champion on all this stuff and has been
09:53:30 talking to me about this for years, stormwater,
09:53:33 And we have this money that's been -- a grant has been
09:53:36 allocated to it.
09:53:41 As I'm sure she made it very clear we have all this
09:53:43 pollution from parts of Tampa that ends up in ton set
09:53:47 And there's a study, it's going to cost $57,000 or
09:53:50 whatever it is, $63,000.
09:53:53 It's a lot of money.
09:53:57 I haven't looked into the details as to why it's
09:54:01 I assume there's a reason for this.
09:54:03 But we would really like to see some action done on
09:54:05 this, to actually get this underway.
09:54:08 We just need to dredge out lake Kipling.
09:54:12 The creek that connects it to the east ware, the
09:54:15 Dundee river, then thirdly, of course, the Dundee
09:54:18 river so we can actually have the water flowing in
09:54:21 That's basically all it is.
09:54:23 That's my statement.
09:54:24 And I hope that council members can push this along
09:54:29 and get something done with this.
09:54:39 >>JOHN DINGFELDER: In regard to item 27.
09:54:45 I took a look at the backup and I'm really glad that
09:54:49 Judy and -- you are responsible for this and it's good
09:54:59 This is not another study, not another consultant to
09:55:02 scratch his Ted and tell us what the problems are.
09:55:05 The $63 that you for an engineer to come out, and I'm
09:55:09 reading directly from the staff report, to do the
09:55:12 survey, the ecological and engineering work associated
09:55:14 with the proposed improvements to lake Kipling.
09:55:18 In other words you have to do the engineering and
09:55:19 survey work before you get the permits.
09:55:21 Because, as you know, it's very special and sacred
09:55:24 waters and they are not going to let you just go in
09:55:27 and dredge unless you do the engineering and get the
09:55:29 permits. This says the program objectives, this water
09:55:32 quality project includes lake habitat restoration,
09:55:36 erosion control, water control treatment, citizen
09:55:38 involvement and education, and then further on, the
09:55:40 engineer that we are hiring says our project approach
09:55:43 is comprised of two main goals, to design and permit
09:55:46 stormwater devices for two currently untreated
09:55:50 stormwater in-flow systems and to provide plans and
09:55:54 specs for the removal of sediments in lake Kipling.
09:55:58 Ely, this is exactly what you want.
09:56:00 I'm really glad that you're here to see it start to
09:56:02 This is real and it's happening.
09:56:04 And I think we should applaud Mr. Daignault and the
09:56:07 stormwater team, Mr. Walters, because they are
09:56:09 actually doing it.
09:56:10 And you have been waiting a long time.
09:56:16 >>LINDA SAUL-SENA: Bravo, Sunset Park.
09:56:18 You have been articulate and passionate in your
09:56:23 request for this.
09:56:23 And it has taken a ridiculous amount of time to be at
09:56:27 this point.
09:56:27 But we are here now.
09:56:28 We have a stormwater task that we can match with
09:56:32 grants to get the money to make the improvements, and
09:56:35 hopefully, as lake Kipling is cleaned up, we will
09:56:40 begin to see the restoration of this area as an
09:56:44 estuary and not added retention pond which is
09:56:48 But it's taken forever to get the grant.
09:56:50 You all are the ones pointing out there was grant
09:56:53 money out there to get and we are finally getting it.
09:56:55 I hope that one of you serve on the mayor's
09:56:59 environmental round table.
09:57:00 Because this administration needs to continue to hear
09:57:03 how important this is.
09:57:04 Because this project alone won't do it, as you know.
09:57:08 There are many phases that need to be undertaken.
09:57:11 But this at least is a step, the first step to lake
09:57:18 >> And this is a first step but it will be incumbent
09:57:22 upon you all to make sure that this first step leads
09:57:25 to the second step.
09:57:26 It's very easy to spend $63,000 for an engineer to do
09:57:31 surveys, and add to the studies that have already been
09:57:35 It's quite another to then actually build something.
09:57:38 And you all will need to make sure that this doesn't
09:57:42 lead just to another false start.
09:57:45 >>ROSE FERLITA: Sir, I'm sorry, the gentleman that
09:57:49 lives on San Jose, can I ask you a question at the
09:58:01 I had a couple of meetings and conversations with a
09:58:04 couple of the gentlemen that lived close to you but
09:58:06 I'm sorry, I don't remember their name.
09:58:07 We met over some issues about them trying to encourage
09:58:12 that whole area, not just lake Kipling affected
09:58:15 residents about a special assessment process.
09:58:19 They asked me if I was supportive of looking at that.
09:58:22 And of course as I have said many times, I lived at
09:58:28 San Jose.
09:58:30 I was happy they were taking initiative.
09:58:33 There was dialogue back and forth with Mr. Walter but
09:58:36 I told them I would support what they were trying to
09:58:38 do if they were getting a majority of neighbors in
09:58:42 But where I would stop in terms of support was that it
09:58:45 sounded like it was going to simply be a neighborhood
09:58:57 initiative and the stormwater run-off which is not
09:59:01 caused by you or anybody else on the canal and I was
09:59:05 hoping it would get to my point before the tenure was
09:59:07 up so thinking those great.
09:59:09 But, you know what?
09:59:11 The city needs to be a partner too.
09:59:13 I don't know what that initiative is.
09:59:14 And I'm sorry I don't remember either one of the two
09:59:19 gentlemen's names.
09:59:20 Do you know what we can do to expedite that very
09:59:23 >> Actually, Ellie has been right in the middle of
09:59:28 that particular issue as well.
09:59:30 You should probably actually ask Ellie about that.
09:59:36 >>ROSE FERLITA: That's fine. The reason I asked is
09:59:37 because I thought it originated on San Jose.
09:59:43 >>> I'm not one of the one that is originated that.
09:59:48 >>> Ellie Montague: It's a very hot subject with me.
09:59:53 I have some papers in here on that.
09:59:55 It's the $1.3 million that I think is being used
10:00:00 And it's misappropriation of funds.
10:00:04 And I would love to talk to you.
10:00:05 >>ROSE FERLITA: That's not way was talking about.
10:00:08 Way was talking about was to where they were trying to
10:00:13 figure out what it would take to dredge that area,
10:00:15 that entire area.
10:00:18 >>> That's what they want to use, 1.3 million to do
10:00:21 that, and they want the people to be assessed for the
10:00:28 next 20 years, whether they can afford to or not, and
10:00:30 be taken out of their home.
10:00:32 It is something that shouldn't have to be paid for, it
10:00:36 takes high tax tows live on the water.
10:00:38 >>ROSE FERLITA: The long and the short is, yes, we are
10:00:41 on the same page.
10:00:42 And I just wondered where it was.
10:00:44 So you may could help from the standpoint --
10:00:46 >>> You got a letter from our attorney telling us that
10:00:49 it's illegal to take that 1.3 million, that was a
10:00:52 congressional grant, sought for by name for lake
10:00:55 Kipling and other lakes.
10:00:58 >> What is that group doing?
10:00:59 Where --
10:01:00 >>> They are meeting with stormwater people.
10:01:02 And they are meeting with the neighborhood, and Mr.
10:01:04 Dingfelder has been involved with it, too.
10:01:06 And it's really a sad shame.
10:01:11 I have the papers here on that grant and it's really
10:01:14 sad that -- I'm glad you brought it up.
10:01:17 I didn't want to bring it --
10:01:19 >> I brought it up because I think it's great that
10:01:21 neighbors are trying to solve problems.
10:01:22 But you're right.
10:01:23 It's not your fault that there's silt and everything
10:01:27 else in the canal.
10:01:29 >>> We fought very hard with Lake Kipling.
10:01:36 They are now wanting to use to the take the boats out.
10:01:38 But what they are going to do is to spot dredge, and
10:01:41 pretty soon, with the next few tides that come in,
10:01:46 that spot dredging that they are going to pay so much
10:01:48 money for, for the next 20 years, will all fill back
10:01:51 in and there's no plan for coming back and taking care
10:01:53 of that.
10:01:54 It's a big issue.
10:01:55 And I would love to discuss it with all of you at some
10:01:58 time if you will give me the opportunity.
10:02:00 And I'll bring all of those papers.
10:02:02 >>ROSE FERLITA: Just very quickly, and we don't need
10:02:05 to belabor it.
10:02:07 >>> You're probably sorry you brought it up.
10:02:09 >> No, I'm glad I brought it up.
10:02:11 But even under the Greco administration there was
10:02:13 some -- that is the challenge, what percentage in
10:02:18 terms of the city being responsible for stormwater
10:02:20 run-off that was not the neighbors, so why should the
10:02:22 neighbors be assessed a special assessment?
10:02:28 >>> It was over my dead body will I pay it.
10:02:31 >> Thank you.
10:02:33 >>CHAIRMAN: Is there anyone else in the public that
10:02:36 would like to speak?
10:02:37 We now go to our committee reports.
10:02:38 Public safety, Ms. Rose Ferlita.
10:02:40 >>ROSE FERLITA: By the way, welcome back.
10:02:43 I would like to move resolution 6 through 8, please.
10:02:46 >> Second.
10:02:46 (Motion carried).
10:02:51 He parks, recreation, Mary Alvarez.
10:02:55 >>MARY ALVAREZ: Move 9 through 18.
10:02:58 >> Second.
10:02:59 (Motion Carried).
10:03:00 >>GWEN MILLER: Public works vice chair, Rose Ferlita.
10:03:06 >>ROSE FERLITA: Did we handle 27?
10:03:09 Just move it with the rest of the residential?
10:03:12 >> We already moved 23 and 32.
10:03:17 >>ROSE FERLITA: Move resolutions 19 through 22, 24
10:03:22 through 31.
10:03:25 And 33.
10:03:29 >> Second.
10:03:29 (Motion carried).
10:03:30 >>GWEN MILLER: Finance Committee, Kevin White.
10:03:35 >>KEVIN WHITE: Move 24 through 31.
10:03:45 >> I want to point out that number 36, Julie Brown,
10:03:50 who was just a wonderful city attorney, has
10:03:52 volunteered to serve as a member of the architectural
10:03:55 review commission.
10:03:56 And I think that's really splendid.
10:03:58 And I think Gina Grimes will be willing to serve on
10:04:04 one of our preservation boards.
10:04:06 I think it's really generous and community spirited
10:04:09 for these individuals who are very, very
10:04:11 knowledgeable, in their volunteer capacity, to be
10:04:15 willing to come back to the city and work as a
10:04:17 volunteer board member, because we all know that it
10:04:21 takes a great deal of time, and we all benefit from
10:04:24 their expertise.
10:04:26 And I'm really pleased to note that.
10:04:28 I would like to move resolution 42 through 48.
10:04:32 >> Second.
10:04:32 (Motion carried).
10:04:32 >>GWEN MILLER: Transportation, vice chair Ms. Mary
10:04:37 >>MARY ALVAREZ: Move items 49 through 55.
10:04:41 >> Second.
10:04:42 (Motion carried).
10:04:42 >>GWEN MILLER:
10:04:46 >>KEVIN WHITE: Move 56 through 59.
10:04:54 >> Second.
10:04:54 (Motion carried).
10:04:55 >>LINDA SAUL-SENA: I just noticed on number 56 we are
10:05:02 setting a public hearing for October 26th, which
10:05:04 is like the world's most crowded agenda.
10:05:07 At 5:30.
10:05:08 I have a question.
10:05:09 Does that have to be at night?
10:05:14 I wonder if we can have that during the daytime,
10:05:18 November 9th at night or something.
10:05:20 Because that night is going to be just crazy.
10:05:26 >>GWEN MILLER: There's no night meeting.
10:05:29 >>LINDA SAUL-SENA: Well, could we -- I'm just hesitant
10:05:32 to put one more item on the evening of the 26th.
10:05:36 And I definitely want them to be able to get a
10:05:44 >>JULIA COLE: Legal department.
10:05:46 It would need to be -- was one herring at night.
10:05:50 However, the problem this date, I don't think there's
10:05:53 any -- we could switch those, but we would have to
10:06:02 bring back a new resolution.
10:06:03 Or we can push it off another two weeks.
10:06:07 >>LINDA SAUL-SENA: Why don't we just switch it?
10:06:12 >>> I don't think there's any requirement the first
10:06:14 reading is at night.
10:06:15 >> I would like to make a motion that on item 56,
10:06:19 where he would just set the public hearing, that we
10:06:21 move to reconsider that and ask legal to come back to
10:06:24 us with a different date so that it's not the evening
10:06:27 of the 22nd.
10:06:31 >>CHAIRMAN: Motion and second.
10:06:33 (Motion carried).
10:06:34 >> I would like it the day of the 26th and the
10:06:37 next appropriate evening meeting.
10:06:39 And you will come back to us with that.
10:06:40 We'll be around.
10:06:42 >> That's November 30th.
10:07:03 >>MARTIN SHELBY: You should do it in a motion.
10:07:05 >>LINDA SAUL-SENA:Dy.
10:07:06 >>MARTIN SHELBY: I don't know if you have the date.
10:07:10 >> 26th day of November.
10:07:15 >>> November 16th in the evening at 5:30.
10:07:19 (Motion carried).
10:07:20 >>GWEN MILLER: Item number 60.
10:07:27 >>KEVIN WHITE: Madam Chair.
10:07:30 >>GWEN MILLER: Need to open it.
10:07:34 >> So moved.
10:07:34 >> Second.
10:07:34 >>GWEN MILLER: Would anyone in the public like to
10:07:36 speak on item 60?
10:07:40 Do you wish to speak?
10:07:41 >>MARTIN SHELBY: If you could just swear in the
10:07:55 >>> Grace Franklin, Tampa.
10:07:56 One of my areas of practice is liquor licensing.
10:08:00 And I just wanted to offer some final comments on item
10:08:02 60 in the revision to chapter 3.
10:08:05 I understand that one of the items that City Council
10:08:09 wishes to try to change is the minimum seating
10:08:13 requirements for restaurants to qualify for a
10:08:18 And although changing the minimum seating requirements
10:08:22 would theoretically allow restaurants to be able to
10:08:25 apply for a 4(COP) R for liquor zonings, I wanted to
10:08:32 point out I don't know how helpful that would be for
10:08:35 these restaurants when they go through the state
10:08:36 liquor licensing process.
10:08:38 The State of Florida, through the department of
10:08:41 business and professional regulation, Division of
10:08:43 Alcoholic Beverages and tobacco, is the one that
10:08:46 issues the liquor licenses to restaurants and to other
10:08:51 And the state, when they are evaluating restaurants or
10:08:57 liquor license qualification, the state is controlled
10:08:59 by a Hillsborough County special act, 70-718, which
10:09:02 states that restaurants cannot apply for a special
10:09:05 restaurant liquor license, which is 4(COP), unless
10:09:11 they have at least 4,000 square feet and 100 feet.
10:09:15 So if the restaurants are allowed to get a 4(COP-R) in
10:09:18 the city, I just wanted to offer the point that they
10:09:24 would need to go through the state, and get a 4(COP)
10:09:31 quota license.
10:09:32 Unfortunately they wouldn't be able to qualify for
10:09:35 the --
10:09:37 >>GWEN MILLER: Mrs. Saul-Sena?
10:09:39 >> Perhaps in your pro bono life you can take this to
10:09:42 the county.
10:09:43 As we redevelop as a community we want to be able to
10:09:45 have flexibility for individual property owners and I
10:09:48 have heard that and I appreciate you bringing it to
10:09:50 It's something that obviously needs to be changed in
10:09:52 the county, that we as council members can't direct.
10:09:55 But someone needs to bring it to the county.
10:09:58 So perhaps --
10:10:06 >>> Unfortunately, certainly help them from a wet
10:10:11 zoning perspective.
10:10:12 But unfortunately not going to help them very much on
10:10:13 the state level yet.
10:10:15 >> Perhaps you would do that out of the goodness of
10:10:17 your heart.
10:10:18 >> Would anyone else like to speak?
10:10:20 >> Move to close.
10:10:21 >> Second.
10:10:21 (Motion Carried).
10:10:21 >>KEVIN WHITE: Move the following ordinance upon
10:10:26 second reading, an ordinance of the city of Tampa,
10:10:29 Florida making comprehensive revisions to chapter 3,
10:10:31 alcoholic beverages code, of the City of Tampa, code
10:10:34 of ordinances amending section 3-30, alcoholic
10:10:36 beverage zoning classification, amending section 3-70
10:10:40 general guidelines, providing for repeal of all
10:10:42 ordinances in conflict, providing for severability,
10:10:45 providing an effective date.
10:10:46 >>GWEN MILLER: I have a motion and second.
10:10:47 Voice roll call.
10:10:52 >>JOHN DINGFELDER: Yes.
10:10:53 >>LINDA SAUL-SENA: Yes.
10:10:53 >>MARY ALVAREZ: Yes.
10:10:54 >>GWEN MILLER: Yes.
10:10:56 >>SHAWN HARRISON: Yes.
10:11:00 >>KEVIN WHITE: Yes.
10:11:00 >>THE CLERK: Motion carried, Ferlita absent.
10:11:07 >> Move to open.
10:11:09 >>CHAIRMAN: We now go into our second reading of items
10:11:11 61 through 70.
10:11:13 >> So moved.
10:11:14 >> Second.
10:11:14 (Motion carried).
10:11:15 >>GWEN MILLER: Anyone in the public that's going to
10:11:17 speak on item 61 to 70, would you please stand and
10:11:20 raise your right hand?
10:11:21 Anyone in the public going to speak on item 61 to 70,
10:11:26 please stand and raise your right hand.
10:11:30 >>THE CLERK: Do you solemnly swear or affirm that the
10:11:33 truth, the whole truth and nothing but the truth?
10:11:35 >>MARTIN SHELBY: Just very quickly.
10:11:40 If any members of City Council has had any verbal
10:11:42 communication was any members of the public in
10:11:44 connection with any of today's hearings, please prior
10:11:47 to the vote disclose the sum and substance of the
10:11:50 verbal communication with whom it occurred, and for
10:11:53 those testifying, please when you state your name
10:11:56 reaffirm for the record that you have been sworn.
10:11:57 Thank you.
10:11:59 >>GWEN MILLER: Is there anyone in the public that
10:12:01 wants to speak on item 61?
10:12:03 >> Move to close.
10:12:04 >> Second.
10:12:04 (Motion carried).
10:12:05 >>JOHN DINGFELDER: adoption upon second reading, move
10:12:15 an ordinance vacating, closing, discontinuing, and
10:12:19 abandoning a certain right-of-way a portion of north
10:12:21 Fremont Avenue south of west Laurel street and north
10:12:23 of west LaSalle street a map of Benjamin's second
10:12:27 addition to West Tampa, a subdivision in the City of
10:12:30 Tampa, Hillsborough County Florida the same being more
10:12:32 fully described in section 2 hereof, providing an
10:12:34 effective date.
10:12:35 >>GWEN MILLER: Voice roll call.
10:12:37 >>JOHN DINGFELDER: I know I read the ordinance.
10:12:39 Is this the one associated with the zoning that I
10:12:41 voted against?
10:12:47 I'm looking at a different one.Saul-Sena
10:12:56 >>THE CLERK: Motion carried, Saul-Sena absent.
10:13:05 >>GWEN MILLER: does anyone in the public want to speak
10:13:08 on item 62?
10:13:09 >>KEVIN WHITE: Move to close.
10:13:14 >> Second.
10:13:14 (Motion carried).
10:13:15 >>GWEN MILLER: Mr. Dingfelder, would you read that,
10:13:19 >>JOHN DINGFELDER: Move to adopt the following
10:13:21 ordinance on second reading, an ordinance vacating,
10:13:22 closing, discontinuing, and abandoning a certain
10:13:28 right-of-way all that portion of Taliaferro street to
10:13:32 be vacated east of interstate 275 and west of Nebraska
10:13:36 Avenue and south of the intersection of Wilma and
10:13:39 Taliaferro street running approximately 125 feet to a
10:13:44 dead-end in Northside homes subdivision, a subdivision
10:13:47 in the City of Tampa, Hillsborough County Florida the
10:13:50 same being more fully described in section 2 hereof
10:13:52 providing an effective date.
10:13:52 >>GWEN MILLER: Roll call vote.
10:13:54 >>THE CLERK: Motion carried, Saul-Sena absent.
10:13:58 >>GWEN MILLER: Is there anyone in the public that
10:14:00 wants to speak on item 63?
10:14:02 >> Move to close.
10:14:03 >> Second.
10:14:04 (Motion carried).
10:14:04 >>SHAWN HARRISON: Move to adopt the following
10:14:07 ordinance upon second reading, an ordinance of the
10:14:10 city of Tampa, Florida approving a sixth amendment
10:14:14 pursuant to chapter 380, Florida statutes, filed by
10:14:17 WCI communities, Inc., for Rocky Point harbor, FKA
10:14:22 Rocky Point office and commercial park, a previously
10:14:24 approved development of regional impact, providing an
10:14:26 effective date.
10:14:27 >>GWEN MILLER: Motion and second.
10:14:29 Voice roll call.
10:14:35 >>THE CLERK: Motion carried.
10:14:38 >>GWEN MILLER: Is there anyone in the public that
10:14:40 wants to speak on item 64?
10:14:42 >> Move to close.
10:14:43 >> Second.
10:14:43 (Motion carried).
10:14:46 >> I move to adopt the following ordinance upon second
10:14:48 reading, an ordinance of the city of Tampa, Florida
10:14:50 approving a Fifth Amendment to development order
10:14:53 rendered pursuant to chapter 380 Florida statutes for
10:14:56 the Tampa cruise ship terminal DRI providing an
10:15:03 effective date.
10:15:03 >>GWEN MILLER: Motion and second.
10:15:07 Voice roll call.
10:15:12 >> Motion carried.
10:15:13 >> Is there anyone in the public that wants to speak
10:15:15 on item 65?
10:15:17 >> Move to close.
10:15:18 >> Second.
10:15:19 (Motion carried).
10:15:19 >>MARY ALVAREZ: Move an ordinance to adopt the
10:15:24 following ordinance upon second reading, ordinance
10:15:27 rezoning property in the general vicinity of 613, 651,
10:15:31 712, 810 Channelside Drive and 408 south 12th
10:15:35 street in the city of Tampa, Florida and more
10:15:36 particularly described in section 1 from zoning
10:15:39 district classifications PD-A office retail
10:15:42 restaurant, cruise ship, to PD-A, office, retail,
10:15:47 restaurant, cruise ship, residential, providing an
10:15:49 effective date.
10:15:49 >>GWEN MILLER: Motion and second.
10:15:53 Voice roll call.
10:15:56 >>THE CLERK: Motion carried.
10:16:02 >> Is there anyone in the public that wants to speak
10:16:04 on item 66?
10:16:06 >>JULIA COLE: Legal department.
10:16:07 Item number 66, Z 06-56, needs to be continued to
10:16:16 October so it can run concurrently.
10:16:19 >> So moved.
10:16:19 >> Second.
10:16:20 (Motion carried).
10:16:20 >>GWEN MILLER: Would anyone in the public want to
10:16:23 speak on item 67?
10:16:24 >> Move to close.
10:16:25 >> Second.
10:16:25 (Motion carried).
10:16:26 >>MARY ALVAREZ: I move to adopt the following
10:16:31 ordinance upon second reading, an ordinance rezoning
10:16:34 property in the general vicinity of 3075 north Rocky
10:16:38 Point road in the city of Tampa, Florida and more
10:16:40 particularly described in section 1 from zoning
10:16:42 district classifications RM-24 residential multifamily
10:16:45 to PD, planned development, condominium, providing an
10:16:48 effective date.
10:16:49 >> I have a motion and second.
10:16:52 Voice roll call.
10:17:00 >>THE CLERK: Motion carried.
10:17:01 >>GWEN MILLER: Would anyone in the public want to
10:17:03 speak on item 68?
10:17:04 >> Move to close.
10:17:05 >> Second.
10:17:06 (Motion carried).
10:17:06 >>ROSE FERLITA: Move the following ordinance upon
10:17:12 second reading, an ordinance rezoning property in the
10:17:14 general vicinity of 1408 east Knollwood in the city of
10:17:20 Tampa, Florida and more particularly described in
10:17:22 section 1 from zoning district classifications RS-60
10:17:25 residential single-family to RS-50 residential
10:17:27 single-family providing an effective date.
10:17:28 >> I have a motion and second.
10:17:31 Voice roll call.
10:17:36 >>THE CLERK: Motion carried.
10:17:41 >> Is there anyone in the public that wants to speak
10:17:43 on item 69?
10:17:44 >> Move to close.
10:17:45 >> Second.
10:17:46 (Motion carried).
10:17:46 >>ROSE FERLITA: Move the following ordinance upon
10:17:51 second reading, an ordinance rezoning property in the
10:17:54 general vicinity of 2902 west Bay Avenue in the city
10:17:59 of Tampa, Florida and more particularly described in
10:18:01 section 1 from zoning district classifications RS-60
10:18:04 residential single-family to RS-50 residential single
10:18:08 family providing an effective date.
10:18:09 >>GWEN MILLER: Motion and second.
10:18:11 Voice roll call.
10:18:15 >>THE CLERK: Motion carried.
10:18:21 >>GWEN MILLER: Is there anyone in the public that
10:18:22 wants to speak on item 70?
10:18:24 >> Move to close.
10:18:25 >> Second.
10:18:25 (Motion carried).
10:18:26 >>KEVIN WHITE: Move to adopt the following ordinance
10:18:32 upon second reading, move an ordinance rezoning
10:18:34 property in the general vicinity of 1803 east Busch
10:18:37 Boulevard in the city of Tampa, Florida and more
10:18:39 particularly described in section 1 from zoning
10:18:41 district classifications CG commercial general to PD
10:18:44 planned development, retail sales, shoppers' goods,
10:18:49 providing an effective date.
10:18:49 >>GWEN MILLER: Motion and second.
10:18:52 Voice roll call.
10:18:56 >>THE CLERK: Motion carried.
10:19:00 >>GWEN MILLER: Is there anyone in the public that's
10:19:03 going to speak on item 71 through 76?
10:19:05 Would you please stand and raise your right hand?
10:19:08 (Oath administered by Clerk).
10:19:17 >>GWEN MILLER: Item number 71 is a continued public
10:19:23 >>BARBARA LYNCH: Land Development Coordination.
10:19:25 It's my understanding the petitioner would like to
10:19:26 request a continuance.
10:19:32 I can either show you the presentation or have him
10:19:37 talk to you.
10:19:41 >>STEVE MICHELINI: As you know, there's a consolidated
10:19:43 parking program going on in the Soho district.
10:19:47 This petition is a direct result of trying to control
10:19:50 some of those conditions.
10:19:52 We respectfully request that you continue this for six
10:19:54 to eight months so that we can explore the
10:19:57 opportunities of consolidating some parking
10:20:00 arrangements and try to eliminate some of the parking
10:20:03 problems in the South Howard district.
10:20:13 >>ROSE FERLITA: I guess it's probably unusual for
10:20:16 somebody to ask for that large a continuance but I did
10:20:19 attend both the residential meeting and I think we
10:20:21 heard some comments, Mr. Dingfelder was there as well,
10:20:24 and I met with some of that same group at Starbuck's,
10:20:27 and also at Liss Properties on Platt.
10:20:31 I think this continuance is extremely beneficial for
10:20:34 both sides.
10:20:35 I'm sorry to say I won't be here.
10:20:37 But with thinking about this and looking at it.
10:20:39 And Steve, if you don't mind if this motion goes
10:20:42 forward, and I'll be happy to make a motion, that we
10:20:44 grant you the continuance you want, but at the same
10:20:46 time so when you come back, the developer has a very,
10:20:49 very comprehensive attitude about what's going to help
10:20:53 I would, as part of my motion, would hope that all of
10:20:58 you as owners come up with a parking plan that's going
10:21:00 to at least solve in part some of the problems we have
10:21:02 seen in the Soho district.
10:21:04 I think this is a good idea.
10:21:07 And holding off for that long I think will end up with
10:21:09 a better project the next council will have to
10:21:13 I make that motion.
10:21:22 >> March 22nd.
10:21:26 >>GWEN MILLER: March, April or a May?
10:21:31 >>STEVE MICHELINI: Probably April or May.
10:21:33 You are going to have a new council coming in.
10:21:35 >> We'll say May.
10:21:40 >>MARTIN SHELBY: I would ask if Mr. Michelini would on
10:21:43 behalf of the petitioner renotice.
10:21:47 >>STEVE MICHELINI: The property owners discussing
10:21:50 this, they are adjoining property owners but renotice
10:21:53 is not a problem.
10:22:02 >>> In the back of our agenda packets we have through
10:22:04 the end of December, I guess we need to start
10:22:06 including the first six months.
10:22:15 >>THE CLERK: You have meetings may 3rd, May --
10:22:27 >> May 3rd.
10:22:27 >>ROSE FERLITA: I'll make that motion that we continue
10:22:29 this till may 3rd and make a request that the
10:22:32 petitioner work with other business owners to develop
10:22:35 a comprehensive parking program with the area, and
10:22:38 also that as part of that continuance the petitioner
10:22:41 make sure he renotices.
10:22:43 >>GWEN MILLER: We have a motion and send.
10:22:46 (Motion carried).
10:22:49 >> Move to open number 72.
10:22:51 >> Second.
10:22:51 (Motion carried).
10:22:52 (Motion carried).
10:22:53 >>BARBARA LYNCH: Land Development Coordination.
10:23:04 I have been sworn.
10:23:07 And I will be using the overhead.
10:23:17 This petition is in conjunction with a rezoning that
10:23:20 council heard on 9-14 at the night meeting, and it is
10:23:23 continued till 10-5 for our day meeting, Z 06-77.
10:23:30 This petition is in the West Tampa overlay district.
10:23:34 And the petitioner is requested to vacate a portion of
10:23:36 state street, lying between cypress and lemon streets.
10:23:40 And running from Rome Avenue to Oregon Avenue.
10:23:43 And all the alleyway from lemon to Cass Street and
10:23:48 from Rome Avenue to Oregon Avenue.
10:23:52 Petitioner's property is outlined in red and the
10:23:54 vacating area --
10:24:02 >>JOHN DINGFELDER: Point of order.
10:24:04 Madam Chair, it's usually our custom to have the
10:24:07 vacating run with the -- chronologically run with the
10:24:15 >> There is a scheduling conflict on the vacating.
10:24:19 Rolando had suggested having these two go together.
10:24:23 >>ROLANDO SANTIAGO: Legal department.
10:24:28 It always has been City Council's request that
10:24:32 vacating associated with re zoning be heard together.
10:24:34 There was some scheduling inconsistencies with this
10:24:37 one which is why you have the vacating today.
10:24:41 The recommendation that I would have for you this
10:24:43 morning, or the suggestion to consider.
10:24:46 Not even a recommendation at the conclusion, would be,
10:24:48 one, could you hold the hearing on first reading
10:24:52 And then when second reading comes up continue that so
10:24:54 that it runs concurrent with for the rezoning.
10:24:59 Let the vacating catch up.
10:25:00 Or you could continue this matter today, to next week,
10:25:03 so that it goes with the rezoning all in one neat
10:25:08 >>LINDA SAUL-SENA: Move to continue it.
10:25:12 >>MARY ALVAREZ: Second.
10:25:13 >>MARTIN SHELBY: For the record petitioner is here.
10:25:16 His address is they are ready to go today if you wish
10:25:20 to hear it today.
10:25:21 But you should discuss it.
10:25:22 >>JOHN DINGFELDER: I think we can hear from the
10:25:26 >>CHAIRMAN: Withdraw your motion.
10:25:30 You have to withdraw that motion.
10:25:32 >> I think we should hear the petitioner in regard to
10:25:34 the possible motion to continue it.
10:25:43 >>MARTIN SHELBY: Mr. Dingfelder is asking if the
10:25:44 petitioner can at least address the motion to
10:25:47 If that motion is not withdrawn.
10:25:51 >> My question would be is the public here?
10:25:53 >> It's noticed for today.
10:25:55 So if --
10:25:56 >>LINDA SAUL-SENA: I withdraw my motion to continue in
10:25:59 deference to the public members that are here.
10:26:01 >>MARTIN SHELBY: I defer to your discretion.
10:26:03 >>CHAIRMAN: Motion and second to withdraw.
10:26:11 (Motion carried)
10:26:17 >> After that we'll go back to banners which we
10:26:21 We apologize.
10:26:27 >> A portion of state street, lying between Rome and
10:26:35 For all the alley in a block between lemon and Cass
10:26:40 and --
10:26:41 >> The bottom one there on the south end, that
10:26:47 appears, they were vacating the internal strip that
10:26:50 you can't get to anyway.
10:26:52 >> Right.
10:26:53 >> At the top is actual street?
10:26:56 >> Yes.
10:27:03 >> Here are photos of the street.
10:27:04 This is straight street looking from Rome Avenue.
10:27:09 And this is another shot of state street, from Rome at
10:27:17 And this is state street between west and Oregon
10:27:21 >> Has staff ever put a tape across that strip of road
10:27:24 to see how many folks are using it?
10:27:26 >> No.
10:27:27 >> And this is a mid block picture also looking west.
10:27:39 And this is the petitioner's property at the northeast
10:27:42 corner of Rome Avenue and state street.
10:27:46 This is a picture of petitioner's property at the
10:27:48 southeast corner of Rome Avenue and state street.
10:27:59 This is the corner of Rome and state street.
10:28:03 Petitioner's property at the corner of Oregon and
10:28:08 The next photo is of the alleyway, which is the
10:28:12 north-south alley, the west end, and this is looking
10:28:15 south from Lemon.
10:28:22 And this is from the west end looking north of Cass
10:28:29 This is a photo of the east-west alley.
10:28:35 And this is the east end of the alleyway.
10:28:38 This is the north-south alley looking north from Cass
10:28:44 Again the easterly portion of the alley.
10:28:46 The north-south alley looking south from lemon street.
10:28:53 And this is the petitioner's property at the
10:28:55 north-west corner of Rome and Cass, abutting property
10:29:01 owners at the northwest corner of Oregon and Cass
10:29:07 Some of the surrounding streets being vacated, east of
10:29:11 And street looking west from Rome.
10:29:20 Staff has no objection to this petition as long as
10:29:22 easements are reserved for utilities and stormwater,
10:29:25 and the utilities of TECO, Verizon and wastewater.
10:29:35 >>> Randy and Cohen, Cohen and company.
10:29:37 I have been sworn.
10:29:38 I'm here on behalf of Moran development for these
10:29:43 extra right-of-way locations.
10:29:46 Let's deal with the alley first.
10:29:50 Owen development owns all the alleyway with one
10:29:53 exception, that exception Phyllis Dreadberg.
10:29:57 We have a letter that we'll read into the record.
10:30:01 I have copies for you as well.
10:30:03 I also have copies that I would like to provide you of
10:30:05 the site plan for the rezoning
10:30:21 On the Elmo, we have the site plan, at least the
10:30:26 conceptual version, that was looked at two weeks ago,
10:30:29 with this particular rezoning.
10:30:31 The alleyway we are talking about is on this block.
10:30:34 This is the area owned by Ms. Dreadberg in support of
10:30:39 the vacation. State street is here.
10:30:41 I think the last two photos are absolutely the reason
10:30:47 for vacating particular right-of-way on state street.
10:30:50 If you look to the west of Rome you will see that
10:30:54 state street is all industrial.
10:30:55 If you look to the east of Oregon, you will see that
10:30:58 state street is all residential.
10:31:00 By vacating the right-of-way, certainly the developer
10:31:03 has the opportunity to look at this lot and do it in a
10:31:07 fair fashion.
10:31:09 It also prohibits basically any industrial traffic
10:31:12 from getting into the residential neighborhoods to the
10:31:15 The right-of-way vacations were discussed as a part of
10:31:18 the presentation that was made on the rezoning two
10:31:20 weeks ago.
10:31:20 The public was here.
10:31:21 I believe we had 12 speakers.
10:31:24 They were all in support of this project.
10:31:28 >> Could I ask you a quick question?
10:31:30 It's more out of curiosity.
10:31:32 As I look at your plan, maybe if you could put this
10:31:35 one on the overhead.
10:31:37 I think you all have done a very good job of keeping
10:31:42 Carmen street, Cass Street, Cypress Street and lemon
10:31:46 street intact and allowing the continued east-west.
10:31:49 And I know there have been projects in the past
10:31:51 throughout the city that mate not have been as
10:31:54 considerate to the surrounding neighborhood so I
10:31:58 appreciate that.
10:32:00 What I am wondering, as you set up the projects, I
10:32:03 don't know that I see the difference that much between
10:32:06 state street.
10:32:06 And I'm not looking to redesign that whole northern
10:32:09 two-block area.
10:32:11 But it strikes me as weird as to why those two blocks
10:32:15 are treated differently.
10:32:16 Because you know what?
10:32:17 The argument you just made about industrial, if I look
10:32:21 at this aerial, there's industrial to the entire west
10:32:25 of the.
10:32:25 Now it probably will be there eventually.
10:32:31 Probably will be.
10:32:32 >>> One of the primary reasons is the fact that this
10:32:34 particular applicant owns all the property on both
10:32:36 sides of state street from Rome to Oregon for these
10:32:39 two blocks.
10:32:41 Therefore, vacating the right-of-way is only adjacent
10:32:44 to properties wholly owned by the applicant.
10:32:47 Therefore, there are no access issues to other
10:32:50 properties within that particular block itself.
10:32:53 The other thing is, we did think it was a good idea,
10:32:56 especially the single family character along this
10:32:58 portion of state street, and the total industrial
10:33:00 character we have over here.
10:33:02 We thought there was actually not only an advantage to
10:33:04 the developer but an advantage to the community.
10:33:06 And this particular block making people use the more
10:33:10 appropriate street, cypress to the north.
10:33:13 >> So you are going to be acting as a giant traffic
10:33:16 calming device.
10:33:20 >>LINDA SAUL-SENA: I have a question.
10:33:21 Did you factor in the land that you are asking be
10:33:23 donated to the project by the city for this street
10:33:26 vacation as part of your open space requirement?
10:33:29 >>> No, we did not.
10:33:31 Only to the point where we have a little bit of open
10:33:33 space at this point on this plan.
10:33:36 We would have calculated open spaces to this area here
10:33:40 and actually in this area of state street
10:33:47 We did not take any density bonuses or credits as a
10:33:50 result of the right-of-way vacation.
10:33:51 I believe our attorney was on record at the public
10:33:54 hearing on the zoning that knead neither the alley
10:33:58 vacation or the street vacation contributed to the
10:34:00 overall density of the project.
10:34:02 >> That's a question that I am going to be asking
10:34:03 consistently in the future, because I don't think it's
10:34:05 fair to the public to have the land that when donate
10:34:08 to you, you count as part of your public open space.
10:34:12 >>> I understand.
10:34:13 And we did not do that in this particular case.
10:34:15 >> Thank you for the clarification.
10:34:21 >>CHAIRMAN: Any questions or comments from council
10:34:23 Is there anyone in the public that wants to speak on
10:34:25 item 72?
10:34:29 >> Move to close.
10:34:29 >> Second.
10:34:30 (Motion carried).
10:34:32 >> What's the pleasure of council?
10:34:37 >> Move the resolution.
10:34:40 >> Mr. Santiago, do we have an ordinance?
10:34:43 >> I prepared an ordinance if you have got it.
10:34:51 >>> I have got it here.
10:34:56 >> You have it, right?
10:34:57 >> Yes, I have the ordinance.
10:34:59 The easements as requested by the staff report for
10:35:01 Verizon, and the City of Tampa utilities and Tampa
10:35:04 Electric Company.
10:35:08 >>GWEN MILLER: Mr. Dingfelder?
10:35:10 >>JOHN DINGFELDER: Just a quick comment.
10:35:12 As council knows, I'm very hesitant to vote for any
10:35:16 vacating but especially vacating of the street.
10:35:19 But I think this project is very, very significant for
10:35:21 that area.
10:35:22 I think that this is going to be really the linchpin
10:35:26 for redevelopment in that entire community.
10:35:29 I think the explanation indicates that there is a
10:35:32 public purpose to vacate this, and I'm hesitant -- I
10:35:39 said that probably for the last year on this issue.
10:35:42 But I'll support it.
10:35:43 And I wish the developer well.
10:35:45 >>LINDA SAUL-SENA: Move an ordinance vacating
10:35:49 discontinuing abandoning a portion of right-of-way all
10:35:53 that portion of state street lying north of Cass
10:35:55 Street south of Cypress Street, east of Rome Avenue
10:35:58 and west of Oregon Avenue, in revised plat of Woodlawn
10:36:02 park subdivision, a subdivision in the city of Tampa,
10:36:04 Florida, providing an effective date.
10:36:06 >>GWEN MILLER: Motion and second.
10:36:07 All in favor say Aye.
10:36:08 Opposed, Nay.
10:36:11 Need to open number 73.
10:36:12 >>LINDA SAUL-SENA: Wait, we all dropped the ball on
10:36:15 number 3, the banner thing.
10:36:17 We kind of left it hanging there.
10:36:18 I think we have several people from the audience come
10:36:20 to speak on it.
10:36:21 We have Ms. Cole from legal and we need to go back and
10:36:24 see if there's anything we want to do.
10:36:26 Way would like to do is move that -- I so respect the
10:36:32 residents, and I so respect Ms. Vizzi, and I really
10:36:35 take your concerns into consideration.
10:36:38 But given the very specific constraint of the banner
10:36:42 ordinance which says that only 10% can be used to
10:36:46 indicate sponsorship, and the rest of it, I think, is
10:36:49 to add beauty to Kennedy Boulevard which he have been
10:36:52 working on for many, many years, I would like to ask
10:36:56 the legal department to allow -- to provide the city
10:36:58 the banner ordinance, to allow these banners on
10:37:01 Kennedy Boulevard in its entirety.
10:37:04 >>GWEN MILLER: I have a motion and second.
10:37:06 Question on the motion?
10:37:08 (Motion Carried)
10:37:10 Ms. Cole?
10:37:13 >>JULIA COLE: Can I ask for three weeks to bring it
10:37:15 back to you?
10:37:16 >> Yes.
10:37:16 >>GWEN MILLER: Need to open number 73.
10:37:21 >> So moved.
10:37:22 >> Second.
10:37:22 (Motion carried).
10:37:23 >>BARBARA LYNCH: Land development coordination.
10:37:25 I have been sworn.
10:37:32 The general vicinity of this vacating is Gandy
10:37:34 Boulevard and Westshore.
10:37:37 And the petitioner is requesting to vacate a portion
10:37:40 of Bridge Street lying between Westshore and old Tampa
10:37:43 Bay and running from Gandy Boulevard south to a
10:37:58 This is the photo of Bridge Street looking south,
10:38:01 south of Gandy.
10:38:07 This is a photo of Bridge Street will go north toward
10:38:10 Gandy Boulevard.
10:38:17 This is the petitioner's property looking west from
10:38:19 Bridge Street.
10:38:21 And this is an abutting property owner looking east
10:38:24 from Bridge Street.
10:38:25 This is the driveway that you're looking at.
10:38:28 >>JOHN DINGFELDER: Can you put up the original map?
10:38:30 Which part of Bridge Street are he would talking
10:38:32 Where is Gandy?
10:38:34 >>> Gandy is up here.
10:38:35 And there are probably about 500 feet south and they
10:38:41 want to vacate this portion of Bridge Street.
10:38:43 What they are doing is they are doing a replatting of
10:38:45 this area, and they are going to realign Bridge
10:38:52 I don't know if you have it on here.
10:38:55 >> Slight little jog?
10:38:57 >>> Yes.
10:38:57 They are going to jog it.
10:38:58 Then eventually with the replatting, Bridge Street
10:39:00 will go all the way through to Tyson.
10:39:03 >>JOHN DINGFELDER: Will the jog then be rededicated to
10:39:06 the city?
10:39:07 >>> Yes.
10:39:07 It's all going to be public right-of-way.
10:39:09 >> And is that included as a condition of the
10:39:12 >>> Well, what we are going to do is reserve a
10:39:15 transportation easement over the existing Bridge
10:39:17 Street, and have to be relocated, and then when the
10:39:21 plat -- the release of the transportation is what --
10:39:27 we'll make sure that this swaps out basically.
10:39:32 >> Maybe I can see the proposed ordinance.
10:39:43 >>> Staff had no objection to this and there are going
10:39:46 to be easements for transportation, utilities,
10:39:49 >>GWEN MILLER: Petitioner?
10:39:53 >> Randy Coen, Cohen and company, here on behalf of
10:39:56 New Port Tampa Bay.
10:39:57 As you will recall in the rezoning we have a
10:39:59 requirement to reconstruct and extend Bridge Street.
10:40:03 What this right-of-way vacation will allow us to do is
10:40:07 physically reconstruct, realign Bridge Street and then
10:40:10 dedicate the new Bridge Street right-of-way back to
10:40:12 the City of Tampa actually extending all the way from
10:40:15 Gandy to Tyson.
10:40:17 It's a construction issue at this point.
10:40:19 The easiest thing for us to do is vacate the
10:40:22 right-of-way with easements still over the
10:40:23 right-of-way, construct the roadway, then we can
10:40:25 officially provide the right-of-way back to the city
10:40:27 with a roadway that's also acceptable to the city.
10:40:30 So that's the whole purpose for this particular
10:40:33 right-of-way N.talking with staff, we determined that
10:40:34 this was probably the best and most efficient way for
10:40:37 us to accomplish this.
10:40:40 If you will also recall that in this zoning we have
10:40:42 responsibility that in fact we cannot obtain a C.O. on
10:40:47 any residential building until Bridge Street is
10:40:49 completed, turned over to the city and opened for
10:40:52 That's part of the PD.
10:40:54 So I think you have adequate safeguards.
10:40:56 It's just unusual.
10:40:58 It's always best to give you right-of-way once we have
10:41:00 the road in place and we know exactly where the
10:41:03 right-of-way will end up at.
10:41:07 >> Any other questions by council members?
10:41:09 Is there anyone in the public that wants to speak on
10:41:11 item 73?
10:41:12 >> Move to close.
10:41:12 >> Second.
10:41:13 (Motion carried).
10:41:13 >>MARY ALVAREZ: Move an ordinance vacating, closing,
10:41:20 discontinuing, abandoning a certain right-of-way a
10:41:24 certain portion of Bridge Street generally located
10:41:26 south of McElroy Avenue and north of Tyson Avenue in
10:41:30 bay bridge revised subdivision, a subdivision in the
10:41:33 City of Tampa, Hillsborough County Florida the same
10:41:35 being more fully described in section 2 hereof,
10:41:37 providing an effective date.
10:41:38 >>CHAIRMAN: I have a motion and second.
10:41:40 (Motion carried)
10:41:42 We need to open item 74.
10:41:45 >> So moved.
10:41:47 >>GWEN MILLER: Motion and second.
10:41:48 (Motion carried).
10:41:49 Number 74 is next.
10:41:55 >>BARBARA LYNCH: Land Development Coordination.
10:42:00 This is a vacating of an alleyway, in the general
10:42:05 vicinity of Kennedy and Rome, and the petitioner is
10:42:08 requesting to vacate a portion of an alleyway lying
10:42:11 between Fig and north "B" street.
10:42:18 The west 150 feet of this alleyway was previously
10:42:21 vacated in 1969.
10:42:31 This is the alleyway looking west from Oregon Avenue.
10:42:37 I think you can see it's blocked at this point.
10:42:40 I think as I recall this is the alleyway looking west
10:42:44 toward the dead-end.
10:42:48 And this is continuation of the alley looking east
10:42:52 across Oregon.
10:43:02 Staff has no objections as long as utility easement is
10:43:05 reserved for Verizon.
10:43:07 >>GWEN MILLER: Council members?
10:43:09 >>MARY ALVAREZ: Is any of this area being used by the
10:43:13 solid waste trucks or anybody?
10:43:15 >>> I don't think so because they can't turn around.
10:43:19 >> So the end is blocked?
10:43:21 >>> Yes.
10:43:21 >>GWEN MILLER: Petitioner?
10:43:28 >>> Tom Morrison, 1200 West Platt street.
10:43:31 I represent the petitioner which is Logan development
10:43:35 company, formerly Logan lumber company.
10:43:38 They have been on the property since, well, for about
10:43:41 45 years.
10:43:42 And this alleyway really isn't used.
10:43:45 If you will hold that up, please.
10:43:47 All the properties seen there on the top is owned by
10:43:51 the company, and the alleys through have been
10:43:55 previously vacated.
10:43:59 Here we purchased from the city.
10:44:00 You can see the black areas.
10:44:05 This is the property we are talking about here. The
10:44:07 black areas are not owned by Logan development
10:44:11 To the left you can see the part of the alley that was
10:44:13 previously vacated.
10:44:14 It's hard to see.
10:44:16 Highlighted in red is what we are talking about here.
10:44:21 This land tentatively is part of the redevelopment
10:44:23 efforts going on in that area.
10:44:25 It is understood contract.
10:44:26 And we are simply trying to close out the gaps before
10:44:30 that property proceeds to redevelopment.
10:44:33 >>CHAIRMAN: Is there anyone in the public that wants
10:44:36 to speak on item 74?
10:44:51 >>> Addy Holton, 1520 west can "C" street and the
10:44:56 alleyway they are talking about closing is right
10:44:59 behind our house.
10:45:01 >>JOHN DINGFELDER: Could you show us?
10:45:02 Could the gentleman hold that up?
10:45:04 Could you show us where the property is on his -- if
10:45:09 he knows, maybe he can help you.
10:45:38 >>> The alley is right there behind our house.
10:45:40 And my mother passed in May -- or March of this year,
10:45:44 and I recently moved into the house.
10:45:46 And we are getting ready to start doing some things in
10:45:48 our backyard.
10:45:49 And we have the big house but we also have a smaller
10:45:53 house in the back, and will start tearing it down.
10:45:57 Now the alley on the west has been -- the west side of
10:46:02 the alley has been closed for years.
10:46:04 But it is still barely accessible on Oregon Avenue.
10:46:08 And we are going to try to get a truck to go through
10:46:11 there to try to tear down that little house in the
10:46:13 back of it.
10:46:14 But if they close that alley, before they do that we
10:46:17 can't do anything with that house in the back.
10:46:19 It is an eyesore.
10:46:20 We are trying to tear it down.
10:46:21 And as I said she just passed and we are trying to
10:46:25 clean up some things in the backyard and we won't be
10:46:27 able to do it if they close that alleyway.
10:46:30 >>JOHN DINGFELDER: Maybe there's a logistical solution
10:46:36 After you tear down the accessory structure, after
10:46:41 that point, would you have any problem with the
10:46:42 vacating of the alley?
10:46:45 >>> No.
10:46:46 >> How long between now and when you tear it down?
10:46:48 >>> We are supposed to be contacting somebody next
10:46:50 week to do something about the backyard.
10:46:54 >> I'm thinking if we defer this for the next month or
10:46:58 two, nothing legal would happen, you can use this and
10:47:00 come back in a few months and continue on with this.
10:47:03 And that wouldn't interrupt your activity.
10:47:05 Just an idea, we can continue on with the hearing.
10:47:09 >>KEVIN WHITE: I see what Mr. Dingfelder is saying,
10:47:13 but also not to hold the petitioner up, if we went
10:47:16 ahead and moved forward with this, if the petitioner
10:47:18 could agree with the neighborhood concern to provide
10:47:26 access for 30, 60 or 90 days, whatever the case may
10:47:30 be, to so continue on with the petition that's in hand
10:47:34 now, and just allow the granting of access to get to
10:47:39 the accessory structures.
10:47:41 >> Petitioner is not going to own that entry part of
10:47:43 it because I not behind his property.
10:47:48 Take a look at it.
10:47:50 >>GWEN MILLER: Petitioner?
10:47:56 >>> Excuse me.
10:47:57 Nothing is going to happen on our site for many
10:47:59 Our property surrounds the petitioner.
10:48:01 We would be happy to grant her access and help her in
10:48:05 the efforts to remove that building.
10:48:09 There's not going to be any construction activity or
10:48:11 moving of everything there for a long time.
10:48:13 The Logan lumber operation is still there.
10:48:17 It's under lease to the current operator of the lumber
10:48:20 company for months yet.
10:48:22 And our closing on the sale isn't going to happen
10:48:26 until next year.
10:48:28 So if you act today we'll be happy to help the
10:48:31 If you defer it will be harder for us but we'll still
10:48:35 help the homeowners.
10:48:37 >>GWEN MILLER: Ms. Cole, is that okay with you?
10:48:40 >>> You are telling me to grant them the right-of-way
10:48:42 now, and then they will help me?
10:48:46 >>GWEN MILLER: Correct.
10:48:48 >>KEVIN WHITE: I guess what I was saying if bee we
10:48:54 move forward with the petition, you said your only
10:48:57 concern was having access to the structure.
10:48:59 I was saying we can move forward with the petition if
10:49:04 it's granted they are going to continue to grant you
10:49:06 access and they will not close off access to that
10:49:09 alleyway, so you would be able to do whatever it is
10:49:11 within the 30, 60 or 90-day confine, however long it's
10:49:15 going to take you, to be able to do whatever you
10:49:18 needed to do.
10:49:18 They would not block your access or deny you access or
10:49:24 with any type of construction materials there or
10:49:26 equipment to get in there and do what you needed to do
10:49:29 on your property.
10:49:30 >>> Let me ask you, do we own two and a half feet of
10:49:34 that alleyway?
10:49:39 >> If we vacate, they would own the other half.
10:49:43 >> Well, I cannot make that decision.
10:49:45 I have sisters and brothers that I have to answer to.
10:49:47 So I have to go back and confer with them.
10:49:51 I can't speak for them because we didn't know how this
10:49:54 was going to go today.
10:49:55 So I have to go back and talk.
10:49:57 >>> I understand.
10:49:58 But your main concern was having access to what you
10:50:01 needed to get to, correct?
10:50:03 >>> Uh-huh.
10:50:04 But, see, they were opposed to the alleyway, and now I
10:50:08 have to go back and talk to them and see what they are
10:50:11 going to say because all of them weren't able to come
10:50:16 >>GWEN MILLER: Anyone else want to speak on item 74?
10:50:21 >>> If I may briefly.
10:50:23 As a lawyer I always hate to use the word guarantee
10:50:26 but I'll go on record on behalf of my client we will
10:50:29 guarantee they can have access to knoll I shall that
10:50:32 structure, if they are going to do it between now and
10:50:34 the end of the year.
10:50:37 Actually, if that's vacated and we own part of the
10:50:40 alley we'll actually clean up parts that we own and
10:50:42 perhaps even help them get better access than they
10:50:45 have now.
10:50:46 And I'll be happy to meet with this lady after we do
10:50:51 all the contacting.
10:50:51 >>GWEN MILLER: Would you meet with him?
10:50:54 Mr. Dingfelder?
10:50:55 >>JOHN DINGFELDER: The only issue I had with this, you
10:51:02 are not going to be able to guarantee her access
10:51:04 coming from the east, because you don't own all those
10:51:10 >>> No, we can get her in through our property.
10:51:12 >> If you guarantee from the west as a side agreement
10:51:15 that's fine and I commend Mr. White for facilitating
10:51:18 But I think that maybe between first reading and
10:51:20 second reading, if you all can come up with something
10:51:23 in writing --
10:51:27 >>> I'm sure with us, and we'll have a greater level
10:51:30 of comfort.
10:51:32 >> If not a contract, just a letter.
10:51:34 >>GWEN MILLER: Once you talk to Ms. Hogan she'll let
10:51:37 you know what her needs will be for going in and
10:51:40 tearing out the structure.
10:51:40 >>JOHN DINGFELDER: Move to close.
10:51:44 >> Second.
10:51:44 (Motion carried).
10:51:45 >>KEVIN WHITE: Move AP ordinance vacating, closing,
10:51:53 discontinuing, and abandoning a certain right-of-way
10:51:56 all that alleyway lying north of north "B" street,
10:52:00 south of west Fig Street, east of north Rome Avenue
10:52:03 and west of north Oregon Avenue in fuller's
10:52:06 subdivision, a subdivision in the City of Tampa,
10:52:10 Hillsborough County, Florida the same being more fully
10:52:12 described in section 2 hereof providing an effective
10:52:13 >> Second.
10:52:14 (Motion Carried).
10:52:15 >>CHAIRMAN: Item 75 is a continued public hearing.
10:52:17 >>LINDA SAUL-SENA: Move to open.
10:52:21 >>GWEN MILLER: It's continued.
10:52:35 >>> Abbye Feeley, Land Development Coordination.
10:52:38 This is a continued public hearing on a special use.
10:52:46 Located at 1745 through 1747 LaSalle street for the
10:52:51 construction of a 7,860 square foot, 300 feet.
10:52:57 When you first heard this case two weeks ago on
10:53:00 Thursday night, there were some technical revision
10:53:03 that is needed to be made to the site plan, in order
10:53:07 to correct and remove objections.
10:53:09 We are in receipt of the revised site plan.
10:53:13 All objections on this site have been removed.
10:53:16 So they are ready to move forward.
10:53:19 Also, there was a concern at the back of this
10:53:21 structure for the adjacent residential property.
10:53:27 This has been taken care of.
10:53:29 We now have a 10-foot buffer in the back, and the
10:53:32 building has been moved forward.
10:53:46 Just to refresh your memory.
10:53:54 This is the site the current church sits here and is
10:54:00 going to be moved to sit here onto the western portion
10:54:02 of this property.
10:54:03 That's where the residential abutting came in.
10:54:06 So we have been able to meet that, the setback in the
10:54:09 back, and now be parking where the current structure
10:54:12 is and parking on these other sites.
10:54:15 The petitioner is asking for waivers, in the reduction
10:54:20 of required parking spaces from 90 to 69.
10:54:23 They are also asking for a waiver to allow for grass
10:54:26 parking spaces.
10:54:27 They are asking for a waiver to reduce the required
10:54:29 yard setbacks from 40 to 20 feet for the north
10:54:33 setback, 40 to 15 feet for the south setback and 40 to
10:54:36 10 feet for the west setback.
10:54:39 Lastly they are asking for waiver to allow direct
10:54:42 access to local roads including Fremont and LaSalle.
10:54:48 >>> To show you some pictures of the site, here is the
10:54:51 current church.
10:54:53 At the corner of LaSalle and Fremont.
10:54:56 Here's a better picture.
10:55:03 This is the proposed site.
10:55:10 This is another picture of the proposed site.
10:55:13 This would be the parking located directly across the
10:55:17 This is down the street, residential structures.
10:55:45 >>GWEN MILLER: Question by council members?
10:55:54 >>> Good morning.
10:55:55 My name is reverend James givens, pastor of mount
10:55:59 olive church and I have been sworn in.
10:56:02 Again, we just come before you to ask your support in
10:56:09 getting the new facility at 1745 west LaSalle street,
10:56:13 across the street, which would be 1901, I believe it
10:56:17 is, west LaSalle, would be the new site.
10:56:20 Of course, it's not only for the members but also for
10:56:25 the community.
10:56:26 We have outgrown the building, and we need a new
10:56:30 And all that you have asked us to do at the last
10:56:33 hearing, we have done that.
10:56:35 We have done it willingly, cheerfully, to make certain
10:56:41 that we do what we are supposed to do, so we are just
10:56:44 standing here this morning asking you to please
10:56:46 support us and giving us the approval to build the new
10:56:49 mount olive AME church.
10:56:51 >>GWEN MILLER: Anyone in the public want to speak on
10:56:54 item 75?
10:56:56 >> Move to close.
10:56:56 >> Second.
10:56:57 (Motion carried).
10:56:57 >>GWEN MILLER: Do you have an ordinance?
10:57:00 >> Move an ordinance approving a S-2, 1745-1746, 1747,
10:57:16 1901, 1902, 1906, 1908, 1910 LaSalle street, and 1911
10:57:24 and 1917 Arch Street in the city of Tampa, Florida as
10:57:27 more particularly described in section 1 hereof,
10:57:29 reducing the required parking spaces from 90 to 86,
10:57:33 Reducing the required yard setbacks from 40 feet to 20
10:57:33 feet for the north setback, 40 feet to 15 feet for the
10:57:37 south setback, and 40 feet to 5 feet for the west
10:57:40 setback, allowing grass parking spaces with the
10:57:42 exception of the drive aisle and handicapped parking,
10:57:45 allowing direct access to local roads, providing an
10:57:48 effective date.
10:57:48 >>GWEN MILLER: I have a motion and second.
10:57:51 (Motion carried).
10:57:52 >>JULIA COLE: Sorry to interrupt you.
10:57:54 I am going to ask that you read what's in that
10:58:04 And didn't get the site plan until this morning so I
10:58:07 did not realize that.
10:58:09 So allow me the opportunity to make that change and
10:58:12 bring that back to you.
10:58:13 I can either -- I think it can be done pretty quickly
10:58:14 to you this morning -- and bring it back to you
10:58:21 Sorry about that.
10:58:21 >>MARTIN SHELBY: Motion to continue to this evening
10:58:28 >> Well, let's do it to this evening just to be safe.
10:58:31 To allow legal to prepare it correctly and bring it
10:58:40 (Motion Carried)
10:58:41 >>GWEN MILLER: Now we go to item number 76.
10:58:43 >> Move to open.
10:58:44 >> Second.
10:58:45 (Motion carried).
10:58:45 >>MARTIN SHELBY: Presentation by Mr. Santiago, number
10:58:53 >>ROLANDO SANTIAGO: Legal department.
10:58:56 Item number 76.
10:58:58 Which is an appeal by Charles Kelly Fisher for a
10:59:02 project known as the south town reserve at 5801 South
10:59:06 MacDill Avenue which is an appeal of the decision by
10:59:09 the county building and board of adjustment.
10:59:14 I have reviewed the record, Madam Chair, and I'm here
10:59:17 in concurrence with the petitioner.
10:59:19 We have looked at it.
10:59:20 There is a procedural error determined by our office
10:59:24 regarding the charges that were levied on this matter.
10:59:27 In summary, there were originally two charges that
10:59:30 were levied, having to view the record, we feel there
10:59:34 was ample opportunity to reflect and prepare for the
10:59:37 hearing on the charges.
10:59:40 However, prior to that hearing, with fairly short
10:59:43 notice, a third charge was added and there was no
10:59:45 opportunity for the appellate to reflect.
10:59:50 That being the case, we concur with the appellate that
10:59:53 there was not sufficient time for them to address that
10:59:56 It was not brought up an ferreted out at the board
11:00:01 We would ask that you remand this matter back to the
11:00:04 board with the express purpose of them holding a
11:00:08 hearing on the third added charge, which is item
11:00:12 number 3 in the presentation that appellate has
11:00:20 provided, and hold a hearing limited to that
11:00:23 particular matter. That is all.
11:00:27 >>LINDA SAUL-SENA: I am certainly not a lawyer but my
11:00:29 question would be, shouldn't we consider the first two
11:00:31 matters which were heard appropriately?
11:00:39 >>> That is something you could take up today.
11:00:41 However, as I understand it, the disposition on the
11:00:44 third may be disbanded on the two.
11:00:49 If you render whatever might be your decision after
11:00:51 hearing the evidence, then that matter still goes
11:00:54 back, and not create this disconnect in the record,
11:00:57 because the third one could be -- I'm not saying it
11:01:00 will be.
11:01:01 I'm just kind of letting you know, it could possibly
11:01:07 We would have to play that out and go accordingly.
11:01:12 That's my recommendation to you.
11:01:14 >>GWEN MILLER: Petitioner, do you have something to
11:01:17 >>STEVE MICHELINI: Yes, chairman.
11:01:19 There are a number of issues here.
11:01:20 And we believe that they will all be reasonably
11:01:24 discussed at a board hearing.
11:01:28 And what we are trying to spare the council of is
11:01:31 reexamining and rehearing all of the evidence that was
11:01:33 put into the record, and the appropriate location
11:01:36 would be the trades board, building construction
11:01:41 board, where they already have the information
11:01:43 There's still an opportunity to appeal their decision
11:01:46 should that be necessary coming back to you.
11:01:48 But at least you will have a completed record by the
11:01:53 examining and remanding the third item back to them
11:01:56 for consideration.
11:01:59 We concur with the city attorney's office.
11:02:01 >>MARTIN SHELBY: Council member Dingfelder's aide had
11:02:04 presented, or given to me, ex parte communications
11:02:09 that were received relative to this hearing.
11:02:12 I provided a copy to the clerk for their file.
11:02:14 I'm providing copies to members of council at the
11:02:17 request of member Dingfelder and Mr. Michelini.
11:02:23 >>STEVE MICHELINI: It was my understanding that no
11:02:25 matters would be entered into this record whatsoever,
11:02:28 according to the attorney's office.
11:02:29 >>MARTIN SHELBY: The only thing under the rules
11:02:32 regarding ex parte communications, Mr. Michelini.
11:02:34 I think you have the right to have it closed prior to
11:02:37 any action prior to the council.
11:02:41 >>ROLANDO SANTIAGO: On the procedural basis with
11:02:43 regard to any substantive matters.
11:02:49 >>MARTIN SHELBY: On that basis with that limited
11:02:51 purpose, that's the purpose for which it is proffered.
11:02:56 >>STEVE MICHELINI: I understand.
11:02:58 We have time lines and we also have another matter
11:03:01 that should be considered, and although there was no
11:03:04 ex parte communication regarding that.
11:03:09 It's not -- it not being an he can party
11:03:14 Let me go outside and talk to somebody then.
11:03:16 I don't think this is a fair playing field, that's
11:03:20 >>MARTIN SHELBY: I don't think it should be relevant
11:03:23 to the discussion today.
11:03:24 But in terms of not prejudicing your client, nor to
11:03:26 preserve the record, just to acknowledge the fact that
11:03:28 those ex parte communications take place, and that
11:03:31 they were provided to you.
11:03:34 >>LINDA SAUL-SENA: I would like to ask a question of
11:03:38 Mr. Shelby.
11:03:42 Apart from what's before us today, which is the
11:03:47 decision of the board of adjustment, can council
11:03:52 request a report from our land development division,
11:04:00 land development division, the content of this letter
11:04:04 to us?
11:04:10 Because this is a very powerful letter.
11:04:13 And aside from this appeal hearing, can we ask the
11:04:19 administration to get right with us on this?
11:04:24 >>ROLANDO SANTIAGO: I would recommend that you
11:04:26 certainly can take that action but I would not suggest
11:04:28 that you take that action, assuming this report
11:04:34 concluded before you.
11:04:36 You would have an open case.
11:04:37 You are receiving matters Jermaine to the issues here
11:04:39 prayer to the hearing.
11:04:40 >>LINDA SAUL-SENA: Well, how quickly is this going to
11:04:43 come back to us if at all?
11:04:46 >>ROLANDO SANTIAGO: If you will allow me one second.
11:04:48 >>LINDA SAUL-SENA: Because this has been going on for
11:04:51 quite some time, I gather.
11:05:02 >>ROLANDO SANTIAGO: I defer.
11:05:27 If you will give us a second we will give you an
11:05:29 estimate. Time line.
11:05:30 >>STEVE MICHELINI: One of the things we are trying to
11:05:32 avoid is making decisions and having hearings and
11:05:35 taking other additional testimony regarding this
11:05:37 That's why we agreed to the remand going back to the
11:05:42 But I certainly don't want to hear this case here and
11:05:46 then again at the board.
11:05:50 >>SHAWN HARRISON: Mr. Shelby, the packet that was just
11:05:55 handed to us, we have not specifically not looked at
11:06:00 it because we don't want to taint -- it seems like we
11:06:03 just added to the record.
11:06:04 I know it's not technically a part of the record but
11:06:07 now we have all been given something that could
11:06:10 influence our decision that is information that is not
11:06:12 within the record that is only what we are supposed to
11:06:15 be looking at, at this point.
11:06:16 So, I mean, is there an issue that we have to deal
11:06:23 with there?
11:06:25 >>> The issue is that matter, that information, or
11:06:31 packet that's been provided, should not be relevant to
11:06:34 you, for your determination as to whether or not to go
11:06:42 If it is something that -- how best to put this?
11:06:49 The information, my understanding, the information
11:06:51 that was provided to council member Dingfelder was
11:06:54 distributed previously by the council members.
11:06:56 And I have knowledge of that.
11:06:59 I don't know whether each individual council member
11:07:01 had an issue of that.
11:07:03 So under my duty in order to preserve and protect the
11:07:05 record was to make that ex parte communication known
11:07:08 and provided to Mr. Michelini.
11:07:12 Rather than review the sum and substance, I don't
11:07:15 think that's before you now and may not be something
11:07:17 you wish to do if you take up at the hearing.
11:07:19 My understanding is there are people who are present
11:07:21 if you do go forward with the evidentiary hearing,
11:07:24 which was -- actually Mr. Santiago is recommending
11:07:28 that you not do today, but that will reflect that
11:07:32 which is in the package that you will take via
11:07:35 My suggestion is that other than the fact it was
11:07:37 disclosed to Mr. Michelini, you should not have to
11:07:41 look at the sum and substance of it today in order to
11:07:43 make a determination relative to this hearing.
11:07:51 >>STEVE MICHELINI: We haven't had a chance to review
11:07:54 >>JOHN DINGFELDER: Is Mr. Fisher here today?
11:07:58 >>STEVE MICHELINI: Yes.
11:07:59 >>JOHN DINGFELDER: He is.
11:08:00 And there are other people who were -- I don't even
11:08:04 Would they have had a right to testify?
11:08:05 Probably not.
11:08:06 If they were present and participated.
11:08:12 I mean, I have a problem with the continuance.
11:08:15 I have a problem with the continuance, because on the
11:08:18 one hand, there are some serious issues here, and
11:08:26 there have been some serious findings about the
11:08:28 competency of this gentleman and his ability to
11:08:32 continue to practice contracting in the City of Tampa.
11:08:36 And that concerns me greatly.
11:08:37 And it concerns me greatly in regard to that this
11:08:40 could just drag on forever, you know, like many things
11:08:43 around here, and not get resolved.
11:08:45 >>STEVE MICHELINI: It's not a continuance.
11:08:47 It's a remand back to the construction trade board
11:08:51 where it was originally heard.
11:08:52 >>JOHN DINGFELDER: The long and short of it is, it
11:08:57 And that concerns me.
11:09:01 I'm not asking, Mr. Michelini, you can speak when the
11:09:06 chair recognizes.
11:09:07 But I'm just talking to Mr. Santiago right now.
11:09:11 I stepped out of the room for a second.
11:09:13 I apologize.
11:09:13 It's your recommendation that we have a procedural
11:09:16 problem below, in the matter below.
11:09:20 >>> Yes.
11:09:21 >> That we remand it back so that procedural I shall
11:09:24 can you get cleared up.
11:09:25 >>ROLANDO SANTIAGO: Yes, sir.
11:09:27 >> And there's a good chance it will end up back here
11:09:30 eventually anyway.
11:09:30 >>GWEN MILLER: It may or may not it.
11:09:33 >>ROLANDO SANTIAGO: I have been informed the only
11:09:36 agenda it can make it on the board is the November
11:09:40 >> The county board.
11:09:43 >>> If they chose to appeal they have 30 days and then
11:09:47 City Council would re schedule that in the same manner
11:09:50 you did today.
11:09:51 The only way to save time on that today is a motion
11:09:55 that as soon as that appeal is scheduled rather than
11:09:58 waiting it to come up on the agenda that the city
11:10:00 clerk go ahead and schedule it.
11:10:02 And then you are saving maybe a week or two after
11:10:08 >>> I'll go ahead and suggest, in deference to our
11:10:11 legal council.
11:10:12 The most important thing to get final resolution of
11:10:14 this is to make sure that it's clean the whole way
11:10:18 We don't want to go ahead and do something and then
11:10:20 they have to appeal it to the circuit court, and then
11:10:23 the circuit court plays it back.
11:10:24 That would just delay it even further.
11:10:26 So in deference to our council's opinion, and they
11:10:28 looked at this obviously very seriously, I'm okay with
11:10:37 Yale move to remand -- I'll move very hesitantly and
11:10:41 disappointedly but move to remand it back for the
11:10:44 reasons stated by council.
11:10:46 >>GWEN MILLER: Second?
11:10:47 >>> Second.
11:10:48 >>CHAIRMAN: Motion and second.
11:10:49 (Motion carried).
11:10:50 >>STEVE MICHELINI: Thank you.
11:10:52 >>GWEN MILLER: You're welcome.
11:10:53 Item number 77, wants to be continued to October
11:10:59 Question on the motion?
11:11:02 >>LINDA SAUL-SENA: I just want Ms. Coyle to give us
11:11:04 her write-up on this as soon as possible so we have an
11:11:07 opportunity to review it prior to that meeting.
11:11:13 >> Motion and second.
11:11:14 All in favor say Aye.
11:11:15 Opposed, Nay.
11:11:16 (Motion carried)
11:11:17 We now go to information from council members.
11:11:19 Mr. White, do you have anything?
11:11:20 >>KEVIN WHITE: Nothing, Madam Chair.
11:11:25 >>ROSE FERLITA: Madam Chair, just one thing.
11:11:29 Sadly to report as some of us know or not know, just
11:11:31 spent some time in the back with Ms. Alvarez, and her
11:11:34 mother Jennie Castellano just passed away.
11:11:40 She was 100 years old.
11:11:41 I wonder if maybe we can have a moment of silence
11:11:44 where we can each express our sympathies and concerns
11:11:48 for her loss.
11:11:50 (moment of silence)
11:12:00 Thank you, Madam Chair.
11:12:02 That's all I have.
11:12:03 >>SHAWN HARRISON: Nothing, Madam Chair.
11:12:05 >>LINDA SAUL-SENA: Yes, a couple of things.
11:12:08 Number one, I would like to ask the commendation be
11:12:11 prepared for Alan white for his outstanding advocacy
11:12:16 on behalf of the river.
11:12:17 >> Second.
11:12:17 (Motion carried).
11:12:18 >> And also I'll come up with a date.
11:12:24 Number two, I would like to ask that Suzy Miller come
11:12:30 to council next week on the 5th, to respond to
11:12:35 suggestions raised in a letter by Joanne peck in
11:12:38 improving the A.R.C. process.
11:12:41 Remember Ms. Miller came back six weeks ago and said
11:12:43 she was going to be coming back.
11:12:47 >> Two weeks?
11:12:48 >>LINDA SAUL-SENA: Well, on the 5th.
11:12:53 >>GWEN MILLER: Is that two weeks?
11:12:54 >>LINDA SAUL-SENA: No, I already talked to her on the
11:12:56 phone during this meeting.
11:12:57 She's prepared to come back.
11:12:58 I just want her to be under staff reports.
11:13:03 >> Second.
11:13:03 (Motion carried).
11:13:04 >>LINDA SAUL-SENA: Lastly, council members, I have
11:13:07 some disappointing news to share with you.
11:13:10 And that is that we are not making the progress that I
11:13:15 understand we all want us to make in terms of
11:13:18 affordable housing.
11:13:20 I understand that our guidelines for loans for
11:13:24 first-time individuals, you have to be able to pay the
11:13:27 mortgage and the insurance, which is very significant,
11:13:30 and by the time you do all of that, and by the time
11:13:32 you come up against the income requirements, you have
11:13:36 to make between $52,000 a year and $52,200, which
11:13:42 doesn't include a lot.
11:13:44 But I would like a report back on how we are doing
11:13:46 with making affordable housing loans, number one, and
11:13:50 this would be 30 days.
11:13:52 And the other part to that is that we have, I believe,
11:13:54 about 30 sites which we put out requests for proposals
11:13:59 for people to build affordable housing.
11:14:01 The responses came back to the city in July.
11:14:04 I don't belief we have done anything with it.
11:14:06 So in an effort to move things along, in terms of
11:14:08 affordable housing, I would like a report back on how
11:14:11 we are doing with the site disposition and how we are
11:14:14 doing with loans for first-time home buyers, 30 days.
11:14:18 Which would be the last week in October which is
11:14:23 So let's say the first week in November.
11:14:25 November 2nd at 10:00.
11:14:32 No, under staff reports.
11:14:33 I would like a real person here.
11:14:37 For staff to appear to present.
11:14:40 >>ROSE FERLITA: May I respond?
11:14:42 That's what I was going to say to you, Ms. Saul-Sena.
11:14:45 In researching different issues, obviously for
11:14:47 apparent reasons, the affordable housing component is
11:14:50 very confusing.
11:14:52 You know, in some areas, the ground is not common for
11:14:59 city and county, and people don't know where to go,
11:15:00 et cetera.
11:15:01 And it's a real issue.
11:15:03 So I was going to ask that we have just a written
11:15:05 report and that's not good.
11:15:07 But to have somebody here because that allows for the
11:15:10 opportunity for questions.
11:15:11 I second your motion.
11:15:13 >> Motion and second.
11:15:16 Anything else?
11:15:17 Mr. Dingfelder?
11:15:18 >>JOHN DINGFELDER: No, I was just going to chime in,
11:15:21 in regard to Alan Wright.
11:15:24 He has been an advocate for the river for more than 20
11:15:29 Eventually when we get that boat, I want to make name
11:15:32 it the good ship Alan Wright.
11:15:34 So we'll hold off on that but continue with your
11:15:39 The only issue I have, Madam Chair, is apparently the
11:15:42 county in conjunction with actually the sheriff's
11:15:44 office has recently adopted a program where in regard
11:15:50 to Spanish-speaking officers, where officers can show
11:15:59 some level of efficiency in Spanish, which is becoming
11:16:02 more and more important in Florida and in the city,
11:16:05 that they can get some type of compensation for that.
11:16:08 Basically, it's an incentive program to allow officers
11:16:12 to become proficient in Spanish.
11:16:15 And I think it's an interesting idea.
11:16:17 I think it's something that TPD should look at and
11:16:20 think about.
11:16:21 And I know they are aware of it.
11:16:23 So I would like a report from TPD and from the chief,
11:16:28 give them awhile to look at, maybe 60 days, to come
11:16:32 and talk to us and tell us if that's something that
11:16:34 he's interested in, that would be gad for the city,
11:16:36 and how much it would cost, and the feasibility of
11:16:40 >> Second.
11:16:40 (Motion carried).
11:16:42 >>ROSE FERLITA: I forgot this one item I was going to
11:16:48 ask council to support a motion, commendation to
11:16:50 Mahesh Mistry for his achievement of Eagle Scout.
11:17:02 (Motion carried).
11:17:04 >> I would like to present a commendation for the
11:17:07 98th church anniversary.
11:17:10 (Motion carried)
11:17:12 Clerk, do you have anything?
11:17:14 Motion and second.
11:17:15 (Motion carried)
11:17:17 Anything else?
11:17:22 >>> We do have mail that came into City Council, Chip
11:17:25 Thomas requesting that 15 minutes be given at the
11:17:29 beginning of each City Council meeting for public
11:17:49 >>CHAIRMAN: 15 minutes?
11:17:50 >>SHAWN HARRISON: That's just a request and she was
11:17:53 informing us of the request.
11:17:56 >>GWEN MILLER: Oh, general comment.
11:17:57 We understand and we appreciate his thoughts.
11:18:01 Anything else, clerk?
11:18:03 We go to our audience portion.
11:18:05 Anyone in the public want to speak?
11:18:09 (Meeting adjourned)