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Tampa City Council
Thursday, October 5, 2006
9:00 a.m. session

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09:07:58 [Sounding gavel]
09:07:59 >>GWEN MILLER: Tampa City Council is called to order.
09:08:01 The chair will yield to Ms. Rose Ferlita.
09:08:07 >>ROSE FERLITA: Madam Chairman, thank you.
09:08:08 Good morning, colleagues, ladies and gentlemen.
09:08:10 It is absolutely my pleasure this morning to introduce
09:08:13 to you Father Hehr from St. Johns Episcopal church.
09:08:22 We don't have much to say except for the fact that he
09:08:25 was born in St. Petersburg, ordained in the Episcopal
09:08:27 church in Connecticut, and attended the Yale divinity
09:08:32 school, serves as vicar of St. Johns, he is married
09:08:36 and has two children in college.
09:08:39 Father, if you will join us.
09:08:40 Please stand for the invocation.
09:08:42 I ask you to remain standing for the pledge of
09:08:44 allegiance.
09:08:45 Thank you for putting up with the traffic.
09:08:52 >>> Father Hehr: A prayer attributed to St. Francis.
09:08:55 Lord, make us instruments of your peace.
09:08:57 Where there is hatred, let us sow love.
09:09:01 Where there is injury, pardon.
09:09:03 Where there is discord, union.
09:09:05 Where there is doubt, faith.
09:09:08 Where there is despair, hope.
09:09:11 Where there is darkness, light.
09:09:13 Where there is sadness, joy.
09:09:17 Grant that we may not so much seek to be consoled as
09:09:20 to console, to be understood as to understand, toe be

09:09:26 loved as to love.
09:09:28 Inform it is in giving that we receive.
09:09:31 It is in pardoning that we are pardoned, and it is in
09:09:38 dying that we are born to eternal life.
09:09:40 Amen.
09:09:43 (Pledge of Allegiance)
09:09:51 >>CHAIRMAN: Roll call.
09:09:58 >>LINDA SAUL-SENA: Here.
09:10:03 >>MARY ALVAREZ: Here.
09:10:04 >>ROSE FERLITA: Here.
09:10:04 >>KEVIN WHITE: Here.
09:10:05 >>GWEN MILLER: Here.
09:10:07 At this time, Ms. Rose Ferlita will do the firefighter
09:10:10 of the quarter.
09:10:12 >>ROSE FERLITA: It is my pleasure to share this podium
09:10:14 with a gentleman I have quite a deal of respect for,
09:10:17 and that's Chief Jones.
09:10:18 Chief.
09:10:24 If the rest of the crew would like to come up.
09:10:26 I know lieutenant Thomas.
09:10:30 And as always I will yield to the chief so he can
09:10:34 explain to you the difficulty he had in choosing one

09:10:36 particular firefighter.
09:10:39 Chief.
09:10:40 >> Good morning, members of council.
09:10:42 This morning it is my honor to recognize one of our
09:10:45 firefighters, and it is a very difficult task each
09:10:48 quarter to select just one.
09:10:50 But today we are recognizing lieutenant Jimmy Thomas.
09:10:55 Lieutenant Thomas demonstrates -- and this was in the
09:10:57 words of one of his chief officers -- Lieutenant
09:11:00 Thomas demonstrates on a daily basis the quality of
09:11:03 leadership and commitment to our profession indicative
09:11:06 of an outstanding professional.
09:11:08 In addition to being a firefighter on the paramedic,
09:11:12 he is also certified in aircraft rescue fire fighting
09:11:15 and serves at Tampa International Airport on a fill-in
09:11:18 basis.
09:11:19 He's gone throughout the State of Florida and assisted
09:11:22 on promotional evaluations at other fire departments.
09:11:25 In addition to that, he serves on the interview panel
09:11:28 that selects the new firefighters for employment with
09:11:31 City of Tampa.
09:11:32 That's a very difficult task, and this panel is kind

09:11:35 of the first filter of the applicants that come
09:11:38 through.
09:11:40 We as a department are very interested in increasing
09:11:42 the diversity and Lieutenant Thomas has gone along
09:11:45 with our personnel chief to a number of locations,
09:11:48 colleges, Bethune Cookman and down in the Miami area,
09:11:54 to try to pitch the value of coming to work for Tampa
09:11:56 Fire Rescue.
09:11:57 For that we are very thankful.
09:11:59 Recently, at a house fire, there was a man who was
09:12:02 rescued, and Lieutenant Thomas and his full fire
09:12:07 fighting gear, air pack, provided mouth to mouth
09:12:10 resuscitation.
09:12:11 At personal risk to himself he placed the needs of
09:12:13 that individual above his own.
09:12:18 Although the man was injured he did survive because of
09:12:21 Lieutenant Thomas' quick action.
09:12:22 We believe for these reasons and many others, fire
09:12:25 rescue Lieutenant Jimmie Thomas is an excellent
09:12:28 candidate for Firefighter of the Quarter, and we are
09:12:30 honored to present him today.
09:12:32 [ Applause ]

09:12:40 >>ROSE FERLITA: Lieutenant Thomas, we have got some
09:12:46 incredible leadership, and some gentlemen I respect
09:12:50 what they do, and sometimes -- the leadership to my
09:12:59 left and back to you, my friend.
09:13:01 Congratulations for being here and this is the part of
09:13:04 my job that I love more than anything to be able to
09:13:06 say thank you in some small way to our fire fighters
09:13:09 that do so much for us and take care of our community.
09:13:13 I will read this to you and you will have an
09:13:15 opportunity, as well as the corporate citizens to say
09:13:18 something to you.
09:13:24 Tampa City Council commendation, presented to
09:13:27 lieutenant Jimmie Thomas, in recognition of his
09:13:29 dedicated service and leadership, lieutenant Thomas
09:13:33 has been selected firefighter of the fourth quarter
09:13:36 for 2006, as a firefighter, paramedic and member of
09:13:40 the Tampa Fire Rescue interview panel, lieutenant
09:13:43 Thomas shows his commitment to his job and department
09:13:46 each and every day north. The City Council and City
09:13:48 of Tampa commend you and I as chairman thank you for
09:13:54 what you do.
09:13:54 At this point I would also like to say thank you to

09:13:57 the family that stands behind you as the
09:13:59 infrastructure that gentlemen like him can protect
09:14:04 this wonderful community.
09:14:05 Congratulations.
09:14:06 [ Applause ]
09:14:12 >>> Danny Lewis from Bill Currie Ford to present a
09:14:17 watch to lieutenant Thomas.
09:14:38 >>> I'm Hank BARR, on behalf of my firm we would like
09:14:43 to thank you for taking care of our co-worker, our
09:14:50 citizens for keeping us safe.
09:14:55 I know you will do a great job in and I am going to
09:15:02 give this to your wife.
09:15:05 She's going to get most of them, okay?
09:15:08 [ Laughter ]
09:15:11 >>> Good morning.
09:15:14 I wanted to say thank you for protecting us.
09:15:30 >>> Steve Stickley representing Stepp's Towing
09:15:33 Service.
09:15:33 Lieutenant Thomas, on behalf of Stepp's Towing
09:15:37 Service, Jim and Judy Stepp, we would like to present
09:15:40 with you this statue for a job well done and
09:15:42 everything you do for the citizens out there, and

09:15:44 taking care of us, keeping us safe.
09:15:47 We really appreciate it.
09:15:48 Thank you so much.
09:15:50 We also have a gift certificate, hope you enjoy it.
09:15:56 >>STEVE MICHELINI: I'm going to change things around a
09:16:11 little bit.
09:16:11 You get to choose this envelope or this envelope.
09:16:15 And tell me which one I am going to read first.
09:16:18 Which one do you want first?
09:16:22 All right.
09:16:22 Well, that is Bern's steak house, my friend.
09:16:26 You are going to have fun over there with you an and
09:16:28 your wife and that's presented on behalf of Liss
09:16:31 development and David Lotzer.
09:16:35 I guess your wife gets the first one.
09:16:37 This is Outback or Carrabas.
09:16:41 That's presented by the Hillsborough County towing
09:16:43 association.
09:16:44 Also, Bryn Allen studios is going to provide with you
09:16:47 a gift certificate to have your pictures taken.
09:16:51 We also have Po Boy's creole restaurant on Platt and
09:16:57 Howard.

09:16:57 They are providing with you lunch certificate so you
09:17:00 can go enjoy the lunch over there.
09:17:01 So congratulations and thank you very much for what
09:17:03 you do for us.
09:17:07 >>ROSE FERLITA: Thank you, Steve.
09:17:14 A representative could not be here but Charley's
09:17:17 steakhouse wants to thank you with a $100 gift
09:17:21 certificate.
09:17:33 >>> I would just like to take this time to say that
09:17:37 it's a great honor to be respected and chosen for this
09:17:42 award by my superiors.
09:17:44 I'm overwhelmed.
09:17:47 Most of these guys, some of these guys who were my
09:17:51 superiors kind of directed me and guided me throughout
09:17:54 my career.
09:17:54 So I would like to say thank you to all you guys.
09:17:58 Again, I appreciate it.
09:18:00 Thank you very much.
09:18:01 [ Applause ]
09:18:08 I would like to introduce my wife Belinda.
09:18:15 She's an inspiration to get up, go to work, and come
09:18:17 back to a loving family.

09:18:20 Also, I would like to introduce my sister Mary Joseph
09:18:24 from South Carolina.
09:18:25 She's a State Farm agent.
09:18:28 >>ROSE FERLITA: Thank you, Madam Chairman.
09:18:46 >>GWEN MILLER: We have another presentation coming up
09:18:52 next.
09:18:53 Is Lisa here?
09:19:18 >>> Good morning.
09:19:18 I'm Lisa burns, the city clerk for the city of Temple
09:19:21 Terrace.
09:19:22 And this morning I'm here as the president of the
09:19:24 Florida association of city clerks.
09:19:26 And I would like to present a resolution to you.
09:19:29 This is a resolution of the Florida association of
09:19:31 city clerks expressing appreciation to the City of
09:19:34 Tampa with special recognition to Shirley
09:19:38 Foxx-Knowles, Tampa city clerk.
09:19:41 Whereas the annual Florida association of city clerks
09:19:43 conference was held in June 2006 in the energetic City
09:19:46 of Tampa, and whereas the association would like to
09:19:49 recognize Tampa Mayor Pam Iorio for providing a moving
09:19:54 keynote address, Tampa poet laureate James Tokley for

09:19:58 an encouraging invocation, the Tampa police and fire
09:20:01 rescue honor guard for their presentation of colors,
09:20:04 and pastor Linda Womac for her wonderful rendition of
09:20:12 the national anthem and for providing the musical
09:20:14 selection.
09:20:15 Whereas the Florida association of city clerks would
09:20:18 like to thank the City of Tampa with special
09:20:21 recognition to Tampa city clerk Shirley Foxx-Knowles
09:20:25 for going above and beyond and coordinating the city's
09:20:27 effort, staff and time to ensure the success of this
09:20:31 important event.
09:20:32 Now, therefore, be it resolved by the Florida
09:20:34 association of city clerks that the Florida
09:20:38 association of city clerks commends the City of Tampa
09:20:41 clerk's office in demonstrating their city's core
09:20:44 values of integrity, teamwork, excellence, and
09:20:47 respect, in assisting with the 2006 annual conference.
09:20:56 And with my personal thanks for her making this the
09:20:59 most fabulous conference.
09:21:02 [ Applause ]
09:21:03 >>SHIRLEY FOXX-KNOWLES: Thank you.
09:21:13 To Lisa burns and my fellow members of the Florida

09:21:15 association of city clerks I want to express my
09:21:23 sincere thanks for the honor presented by my peers.
09:21:25 This resolution, however, is not just for me.
09:21:28 It was a team effort and made possible by the hard
09:21:32 work, planning and execution of members of my staff,
09:21:36 including Sandy Marshall, LELA Blevins, Frank Carr and
09:21:42 David Jackson.
09:21:43 Many thanks also goes to Mary Bryant of the city's
09:21:48 legal department for her assistance, and to Tampa Fire
09:21:51 Rescue, and TPD color guard, who were simply great.
09:21:56 Thanks to the bay area clerks who worked with our
09:22:00 committee.
09:22:02 We had lots of fun and really tried to plan an
09:22:04 outstanding conference.
09:22:07 Our collaborative effort made the conference a huge
09:22:10 success.
09:22:10 The conference was a great opportunity to showcase
09:22:13 Tampa, attend excellent education sessions, and
09:22:18 network with other clerks from around the state, and
09:22:21 in some case as round the country.
09:22:23 It was also a wonderful opportunity to honor my
09:22:28 predecessors, city clerk CARA and the late city clerk

09:22:36 Janett Martin. The city clerk present highlighted
09:22:41 their achievements which served as great examples to
09:22:43 other city clerks who were committed and dedicated to
09:22:46 the community and its citizens.
09:22:49 Lastly, I can't say enough about poet laureate James
09:22:54 Tokley who wrote a special poem for the clerks.
09:22:59 Everyone wanted a copy of the poem.
09:23:03 Belinda Womac was wonderful, and of course our mayor
09:23:08 Pam Iorio. They all showed the best of Tampa.
09:23:11 No one told me no, and I certainly appreciate that.
09:23:13 All I can say is thank you, thank you, thank you for
09:23:15 this honor, and we appreciate everything.
09:23:18 [ Applause ]
09:23:24 >>GWEN MILLER: We now go to our sign-in sheet.
09:23:27 >> I just wanted to say thank you and welcome to the
09:23:34 clerk and also Shirley, you and I and Kevin came on at
09:23:38 the same time, almost four years ago, and, you know,
09:23:41 it's been great working with you.
09:23:43 And we look forward -- I look forward to continuing to
09:23:46 work with you for a lot longer.
09:23:47 And you do a great job and your staff does a great
09:23:50 job, so thank you.

09:23:52 >>GWEN MILLER: Thank you for that great comment, Mr.
09:23:55 Dingfelder.
09:23:55 We go to our sign-in sheet.
09:23:58 Gloria Moreda.
09:23:59 >>GLORIA MOREDA: Land development.
09:24:02 Concerning item 57, Cathy Coyle called in sick today.
09:24:05 She's asked for this to be continued to October
09:24:09 19th.
09:24:13 It's concerning the workshop for the Channel District
09:24:15 and CBD bonus.
09:24:18 >>LINDA SAUL-SENA: October 19th, I would not be
09:24:27 there and I would really like to participate because I
09:24:29 have been very involved.
09:24:31 Earlier or later.
09:24:32 >>GLORIA MOREDA: Next week is going to be very busy in
09:24:36 terms of the workshop.
09:24:37 >>LINDA SAUL-SENA: The 26th is crazy.
09:24:40 How about the first week in November?
09:24:42 >>GLORIA MOREDA: That will be fine.
09:24:44 >> So moved.
09:24:45 >> Second.
09:24:45 (Motion carried).

09:24:56 >> November 2nd.
09:24:57 >>GLORIA MOREDA: I also have two issues relating to
09:25:02 wet zoning petitions, 06-108 concerning property at
09:25:06 951 East 7th Avenue.
09:25:08 We are asking for it to be rescheduled to public
09:25:11 hearing to November 16th to allow for modification
09:25:14 of the legal description.
09:25:20 We are asking for the waiver of the amendment fee.
09:25:22 >>GWEN MILLER: What number was that?
09:25:27 >>> WZ 06-108.
09:25:31 >>MARTIN SHELBY: Is it on today's agenda?
09:25:33 >>GLORIA MOREDA: No.
09:25:37 >>> The rescheduling is for November 16th.
09:25:41 >>JOHN DINGFELDER: November 16th?
09:25:43 So moved.
09:25:44 >> Second.
09:25:44 (Motion carried).
09:25:45 >>GLORIA MOREDA: Also concerning wet zoning petition
09:25:49 WZ 06-157, just temporary wet zoning petition will be
09:25:54 before City Council next week.
09:25:57 When it was originally doc agenda the address was
09:26:00 listed as 1315 East 7th Avenue.

09:26:04 Yesterday, we were notified that there is a change in
09:26:06 address to 1423 East 7th Avenue.
09:26:10 And we are just letting you know today because of the
09:26:13 15-day notice requirement.
09:26:15 It will be coming back to you next week for that
09:26:17 temporary wet zoning public hearing.
09:26:20 But they will be asking for the waiver and 15-day
09:26:23 notice.
09:26:24 >>JOHN DINGFELDER: Question.
09:26:25 Point of order.
09:26:34 They are going to be able to -- it's my understanding
09:26:41 it's in the same association as the original address.
09:26:44 They are just moving the location.
09:26:45 It will be in conjunction with Guavaween.
09:26:52 There is no mail notice.
09:26:53 It's just the association notice.
09:26:58 >>MARY ALVAREZ: Is this in regards to the Guavaween?
09:27:01 >> Guavaween.
09:27:02 >>> And just indicate that they have done the notice.
09:27:05 >>GWEN MILLER: We need a motion for that?
09:27:08 Okay.
09:27:12 >>MARTIN SHELBY: Unless you want to waive the 15 day

09:27:14 now on that.
09:27:17 >>GWEN MILLER: I have a motion and second.
09:27:19 (Motion carried).
09:27:20 >>GLORIA MOREDA: And on item 4 concerning chapter 3,
09:27:27 Mr. Michelini is here to ask that this item be taken
09:27:30 off the pending calendar, at some later date staff may
09:27:34 be coming back with suggestions.
09:27:37 >> We'll continue working with the staff.
09:27:40 But right now, it's more complicated than we first
09:27:44 imagined.
09:27:47 >> So moved.
09:27:47 >> Second.
09:27:47 (Motion carried).
09:27:48 >>GWEN MILLER: Cathy Graner?
09:28:01 >>> Legal department, here on item 14 today to request
09:28:06 that you substitute the department name change
09:28:09 ordinance to the copy that you received in writing
09:28:15 yesterday.
09:28:19 Addressed the council and the clerk.
09:28:21 >>MARY ALVAREZ: So moved.
09:28:26 >>GWEN MILLER: Does the clerk have the substitute
09:28:28 ordinance?

09:28:30 Thank you very much.
09:28:33 >>GWEN MILLER: Mr. David Smith.
09:28:49 >>DAVID SMITH: City attorney.
09:28:51 It is my pleasure today to introduce to you two new
09:28:56 part-time assistant city attorneys.
09:28:58 I'll start first with Julie Cabugaris.
09:29:03 Many of you probably know Julie's family establishment
09:29:07 papa Louie's restaurant.
09:29:10 I used to go there after my daughter's ballgames.
09:29:13 And Julie has been in the city for a long time.
09:29:15 Hers is sort of the all-American story, parents came
09:29:19 over from Greece, young, penniless, uneducated, worked
09:29:23 very hard, built up a family and basically got their
09:29:25 family educated.
09:29:26 And she is the first college graduate in the family.
09:29:29 She graduated from USF.
09:29:31 She's a local product, having been born in Tennessee.
09:29:33 She went to law school and got her J.D. from Loyola in
09:29:38 New Orleans.
09:29:38 And she is an avid volunteer in the community.
09:29:43 She has worked with hands-on Tampa.
09:29:46 She's worked with habitat for humanity, this spring.

09:29:51 Pet pal rescue.
09:29:53 She is an animal lover extraordinaire.
09:29:55 She has an interest in all things related to animals
09:29:57 including their behavior which may be why she's
09:30:00 joining the legal department.
09:30:02 She will be assisting us in the real estate
09:30:04 department, and she has a general civil background as
09:30:09 well so she provides us some depth and experience.
09:30:11 She's a wonderful person, very enthusiastic.
09:30:13 She will be a great addition to the chemistry to the
09:30:16 office and we are very happy to have Julie join us.
09:30:18 Julie is right back here.
09:30:22 [ Applause ]
09:30:24 >>GWEN MILLER: Would you like to say something?
09:30:27 >>> Looking forward to working with the city.
09:30:34 >>ROSE FERLITA: I would like to welcome you as well as
09:30:38 I'm certain my colleagues want to.
09:30:39 But probably more than you wanted us to know.
09:30:42 But a couple of things that certainly caught my
09:30:44 interest were the fact that you're involved in pet pat
09:30:50 and also Loyola where I attended pre-pharmacy.
09:30:54 So pleasure to have you on board.

09:30:56 And in a couple of weeks to be a co-worker.
09:31:02 >> You have to be tough.
09:31:07 >>> Thank you, Julie.
09:31:08 I will wait to introduce the other person because he's
09:31:10 already working.
09:31:11 I tried to get him down here at 9:30.
09:31:15 I have a couple of items I would like to briefly
09:31:17 mention to you.
09:31:18 One is, we are going to be coming back to you next
09:31:21 week, the cigar factories as now is on your calendar.
09:31:27 One of the things we will be doing and you will
09:31:29 receive a memorandum on this.
09:31:30 We wanted to get the council to provide us some
09:31:32 specific direction with respect to the ordinance that
09:31:35 is being crafted.
09:31:36 And that will be in regard to the consent issue.
09:31:39 So we will provide you background.
09:31:42 We will hope to have a discussion.
09:31:44 You will have presentations from other interested
09:31:46 parties.
09:31:47 And then you can provide us your clear and definitive
09:31:51 direction on that issue so we can get an ordinance for

09:31:54 your consideration.
09:31:54 >>MARY ALVAREZ: Mr. Smith, are you going to give us a
09:31:58 proposed ordinance so we can look at it?
09:32:00 >>DAVID SMITH: We have multiple drafts.
09:32:02 We think it would be more efficient for you to provide
09:32:04 us direction on two or three issues we are going to
09:32:07 bring to your attention.
09:32:08 And then we can get back to you with an ordinance
09:32:10 quickly thereafter.
09:32:11 It's kind of hard to draft multiple options.
09:32:14 And one of the things that came out of our discussions
09:32:16 with the various stakeholders is these issues are
09:32:19 fairly complex.
09:32:20 So we will try to provide you a succinct understanding
09:32:24 of those issues and get your direction so we can come
09:32:26 back to you with an that truly accomplishes what your
09:32:30 objectives are.
09:32:31 >> Are you planning to talk to us individually?
09:32:34 >> I would be happy to do that as well if you would
09:32:36 like.
09:32:36 >> I think I would like that.
09:32:37 >> That would be fine.

09:32:39 >> Mr. Dingfelder?
09:32:44 >> Will you have a document for to us look at, not
09:32:48 necessarily a draft ordinance but a summary or outline
09:32:50 or something?
09:32:54 >>> Yes, sir, we will try to get that to you today or
09:32:57 tomorrow so you will have some advance time.
09:32:59 It will identify the primary issues that we are going
09:33:01 to seek your direction on so you will have a chance to
09:33:04 think about it and ask us any questions you may have.
09:33:06 I think it's an excellent idea to speak with each of
09:33:09 you.
09:33:09 I did intend to do that.
09:33:11 >>JOHN DINGFELDER: if you cite case law, there might
09:33:18 be some that want to read it.
09:33:20 >>> That would be an excellent idea as well.
09:33:22 We'll provide you copies of that as well.
09:33:26 >>MARY ALVAREZ: And that's why I need individual
09:33:28 attention because I do not know case law.
09:33:30 >>DAVID SMITH: I understand that.
09:33:32 I wanted to briefly touch base with you on number 5, I
09:33:35 believe Mr. Harrison was the source of this request.
09:33:37 There were two issues.

09:33:39 What effect if any does the expressway have on the
09:33:43 east-west roadway and the bid?
09:33:46 There are two answers to that.
09:33:47 One is we are not entirely sure.
09:33:48 We are going to have to let this unfold as it goes.
09:33:51 As now throws a lot going on in the legislature.
09:33:54 There's a lot of discussion about that.
09:33:56 We are going to continue to do what we're doing, as I
09:33:58 said, we believe we have a contract, we are moving
09:34:01 forward in that direction.
09:34:02 The second part of your question was, I think, what
09:34:05 happened if that falls through?
09:34:07 What can the city do?
09:34:08 And what I will provide for you is a memorandum I
09:34:10 received from Rolando Santiago, and essentially the
09:34:14 upshot of it is the city currently cannot do that.
09:34:18 The law is such that you have to be an authority, and
09:34:22 there's a specific definition of authority under the
09:34:24 statute.
09:34:25 And it looks as though we are preempted from doing
09:34:28 that.
09:34:29 Counties are not preempted.

09:34:31 It's one of those anomalies we find in the statutes
09:34:34 that come to treat differently.
09:34:37 Part of what we are talking about during this
09:34:39 legislative session is with regard to sovereign
09:34:42 immunity.
09:34:44 This may be another area we want to talk to the
09:34:46 legislature about.
09:34:46 Generally speaking we think municipalities,
09:34:48 particularly those of the size of Tampa and others,
09:34:52 ought to have the same authority as the county.
09:34:58 And the last item I wanted to touch base on --
09:35:01 Rolando, why don't you come on in?
09:35:06 I would like to introdouse our second part-time
09:35:09 assistant city attorney, Ron Wigginton also a long
09:35:13 time Tampan.
09:35:19 He received his J.D. from St. Thomas in Miami, his
09:35:23 B.S. from University of South Florida, his family has
09:35:26 been here.
09:35:26 You may remember his father Ron Wigginton the
09:35:30 gentleman who successfully resisted the effort to
09:35:32 obtain his property from a developer.
09:35:37 We hope that same spirit is going to be evident in

09:35:41 Ron.
09:35:41 I'm sure it will be.
09:35:45 He's been practicing law in Tampa for approximately 13
09:35:48 years.
09:35:48 He has a good civil background and also some
09:35:51 transactional experience.
09:35:53 He will be helping us primarily in the real estate
09:35:55 department and provide backup in general civil.
09:36:02 >>GWEN MILLER: Welcome.
09:36:03 Would you like to say something?
09:36:04 >>DAVID SMITH: He's happy to be here and get back to
09:36:10 work.
09:36:10 >>GWEN MILLER: Welcome aboard.
09:36:12 Good to have you with us.
09:36:15 >>DAVID SMITH: Those two complete our hiring -- we
09:36:21 literally have a full complement of attorneys.
09:36:23 Last time we had a full complement of full-time
09:36:26 attorneys but didn't have two of our part time
09:36:28 positions filled.
09:36:29 Now we literally have a full implement of attorneys.
09:36:31 >>ROSE FERLITA: The day is not over, Mr. Smith.
09:36:34 [ Laughter ]

09:36:40 >>SHAWN HARRISON: David, I have a question about the
09:36:43 east-west issue and then another question, too.
09:36:46 The bid deadline has been extended by the expressway
09:36:48 authority.
09:36:49 When is that deadline, do you know?
09:36:51 >> I will have to get back with you on that.
09:36:53 It's extended to 30 days.
09:36:55 I don't have that right now.
09:36:56 You're right.
09:36:57 >>SHAWN HARRISON: Have we begun a dialogue with any
09:37:05 other authorities like the turn bike enterprise?
09:37:09 We ought to be probably talking to them as well as a
09:37:12 backup.
09:37:17 We did, throughout all of the studies, it appears from
09:37:20 everyone's perspective that this can be done
09:37:23 successfully, we are told, and whoever does it is
09:37:26 going to make money on it.
09:37:27 So we ought to get yourselves in a position so that we
09:37:30 can do it.
09:37:31 But in the interim, if, you know, we just need to have
09:37:34 backup plans.
09:37:36 And I think that you should, if we haven't already

09:37:39 given you any direction, go ahead and talk to the
09:37:43 turnpike enterprise and let them know that we just
09:37:46 want them sort of advised as to where this whole thing
09:37:52 stands. The expressway authority is going through a
09:37:54 lot of issues and I think we all have sort of a queasy
09:38:00 feeling about this project and its survivability.
09:38:03 >>> The direct answer to your question, I am not privy
09:38:06 to all the conversations the administration may be
09:38:08 having, but I will find out and whoever is the
09:38:11 appropriate person can come back and advise you of
09:38:12 that fact.
09:38:15 >>SHAWN HARRISON: If you would then report back to us
09:38:17 maybe in another three weeks or month.
09:38:19 I think the deadline has been extended to mid
09:38:22 November.
09:38:24 So come back about the time that bid expires, and let
09:38:30 us know.
09:38:30 >>DAVID SMITH: We should know by then.
09:38:34 >>GWEN MILLER: Motion and second.
09:38:34 (Motion carried).
09:38:35 >>SHAWN HARRISON: The other thing was the Hansen
09:38:38 project.

09:38:38 He would all got a memo saying basically everything
09:38:41 has fallen apart, they didn't comply.
09:38:43 Now are we taking any action to try to recover the
09:38:45 money we paid?
09:38:48 >>> The legal department was consulted in that
09:38:50 process, when we thought we had a problem, but
09:38:56 bolstering our position with that regard. The answer,
09:38:58 yes, we will be seeking recovery of the moneys back.
09:39:00 And the last thing I wanted to say to you is we wanted
09:39:03 to briefly touch base on item number 6.
09:39:06 But Toyin is here and she will provide you a brief
09:39:12 update on item number 6.
09:39:16 >>GWEN MILLER: Ms. Saul-Sena has a question.
09:39:18 >>LINDA SAUL-SENA: Before you leave the podium.
09:39:20 I want to make sure next week on the 12th when you
09:39:23 come back to talk about the cigar factories that you
09:39:25 have an opportunity to explain how the council
09:39:27 members, certified local government, status and what
09:39:30 that means to all of us, and that's --
09:39:35 >>DAVID SMITH: That's one of the three items on our
09:39:37 list.
09:39:37 It's part of the decision-making process.

09:39:41 >>LINDA SAUL-SENA: If you were to have an opportunity
09:39:42 to meet with all of us prior to next Thursday, I think
09:39:45 that would be very valuable.
09:39:47 >>> I hear you loud and clear, yes, ma'am.
09:39:53 >>JOHN DINGFELDER: Procedurally, are we planning to
09:39:55 allow the public to speak to the issue?
09:39:57 >>GWEN MILLER: When we get to public comment.
09:40:01 >> Next week on the cigar issue?
09:40:04 >>GWEN MILLER: It's going to be on the agenda.
09:40:06 >>MARTIN SHELBY: It will be on the staff report, Madam
09:40:08 Chair, correct?
09:40:10 >>GWEN MILLER: they can speak to them.
09:40:12 >>> Which usually follows on the agenda unless council
09:40:14 wishes to waive the rules and allow them to speak.
09:40:17 >> I'm just wondering if we shouldn't set something up
09:40:19 now so people know what to expect and they can plan
09:40:22 accordingly.
09:40:25 >> I think obviously everybody should have the
09:40:27 opportunity to talk about this one more time before we
09:40:29 finalize anything.
09:40:30 And we can set something up actually right after staff
09:40:34 reports people are allowed to speak.

09:40:37 >> Make it the last staff report.
09:40:42 >> Then they can kind of connect everything together.
09:40:44 >> You're already doing the right thing.
09:40:46 But we would certainly -- it's important that this
09:40:49 process be aired.
09:40:51 >>CHAIRMAN: Thank you.
09:40:52 Now we go to approval of the agenda.
09:40:57 >>> Could I have Ms. Toyin?
09:41:02 >>GWEN MILLER: We are going to do this.
09:41:04 Is there an item would you like to pull?
09:41:07 >>SHAWN HARRISON: Item number 27 which is the
09:41:08 reappointment of Bruce curry and Kristin Malzone to
09:41:13 the Planning Commission.
09:41:14 Did we ever open that up for bids or talk about this?
09:41:20 I know we did for Mr. Foster.
09:41:31 >>SHAWN HARRISON:
09:41:33 >>MARTIN SHELBY: I believe this is ministerial
09:41:37 confirming an action council had previously taken.
09:41:47 The question regarding the reappointment of Bruce
09:41:49 curry and Christine Malzone.
09:41:52 I believe this was confirmation of previous council
09:41:54 action?

09:41:55 >>DAVID SMITH: That's my understanding.
09:41:57 I don't know firsthand that's exactly what happened.
09:41:59 >>JOHN DINGFELDER: Why don't we follow Sandy?
09:42:05 She kind of follows that.
09:42:12 >> We will get ahold of John, the attorney in our
09:42:17 department.
09:42:17 >>GWEN MILLER: Do you have items you need to pull, Mr.
09:42:21 Shelby?
09:42:22 >>MARTIN SHELBY: I want to bring to your attention
09:42:24 three memos you received, one with regard to item
09:42:26 number 3, a memo received from Cynthia Miller.
09:42:30 I believe she's here on number 3.
09:42:32 I don't know if she wants to address that personally
09:42:34 when the item comes up but I believe she's going to be
09:42:36 requesting November 9.
09:42:38 If you want to do that when we get to that, that's
09:42:40 fine.
09:42:41 That's going to be the first item. The second item is
09:42:44 number 8, a memo from Ms. Cole.
09:42:46 She's also present.
09:42:47 She's going to be requesting a two-week continuance on
09:42:50 that to October 19th.

09:42:51 And third, with regard to item number 10, when we get
09:42:56 to that, just to let people know that I believe that a
09:42:59 memo from Darrell Smith, chief of staff, is going to
09:43:02 be requesting October 26th on that.
09:43:06 >>LINDA SAUL-SENA: I just wanted to say again, I think
09:43:09 October 26th is going to be an extremely -- the
09:43:15 first meeting in November, November 2nd, might
09:43:17 give us a greater opportunity to have a good
09:43:19 conversation about it.
09:43:23 >> Second.
09:43:23 >>LINDA SAUL-SENA: Move we have that conversation the
09:43:26 first week in November.
09:43:27 Number 10.
09:43:30 >>GWEN MILLER: We'll wait till we approve the agenda.
09:43:32 Other items to pull from the agenda?
09:43:35 >>ROSE FERLITA: I don't know if there's any real
09:43:37 urgency with number 18.
09:43:38 And I apologize.
09:43:39 I hate when this happens.
09:43:40 At the last minute we talked about an issue and maybe
09:43:43 I should have been able to get in touch with Mr. Baird
09:43:46 but I wasn't able to because of time constraints.

09:43:48 And I wondered how critical that would be to hold till
09:43:52 next week.
09:43:53 >>GWEN MILLER: Mr. Dingfelder?
09:43:55 >>JOHN DINGFELDER: Number 18?
09:43:57 I think legal staff wanted to speak to this.
09:44:07 On the SWFWMD issue, David?
09:44:10 One of your attorneys indicated she was working on
09:44:13 this.
09:44:14 I can't remember which attorney.
09:44:17 >>> That would be Jan McLane.
09:44:20 She's here.
09:44:25 >>ROSE FERLITA: Ms. Saul-Sena, by body language you
09:44:30 seem to want to hold it.
09:44:33 At the same time I would love the opportunity to talk
09:44:34 to some people who were involved in this whole
09:44:36 process.
09:44:37 >>JOHN DINGFELDER: Will you explain what number 18 is?
09:44:41 >>> Jan McLean, legal department.
09:44:45 That is a five-party agreement that will allow each of
09:44:48 the local governments and Tampa Bay water that are
09:44:51 signatories to receive reimbursement for moneys that
09:44:54 are already expended for the regional reclaimed water.

09:45:00 Excuse me.
09:45:03 I was working on a different floor.
09:45:06 Right now, there's two pots of money.
09:45:09 With the state money that's available, we could
09:45:11 receive 50% reimbursement.
09:45:14 Other funds that -- of the funds we have expended.
09:45:17 With this agreement it will allow to us receive up to
09:45:20 75% reimbursement and the other local governments that
09:45:23 are partners as well reimbursement from those moneys.
09:45:26 It's sitting there.
09:45:29 And if it's not expended we'll lose it.
09:45:31 This is supposed to be on council's agenda two weeks
09:45:34 ago, got held up internally.
09:45:37 And we had significant numbers from the water
09:45:40 management district, because they have heard some
09:45:42 concerns that it may be pulled today.
09:45:44 I would be glad to meet with anybody to answer any
09:45:47 questions.
09:45:49 But we respectfully request that it go forward.
09:45:53 >>LINDA SAUL-SENA: I really have some questions about
09:45:57 this also.
09:45:57 While I hate to hold things up I would like to move we

09:46:00 put this on next week's agenda to Griff give me a
09:46:03 greater opportunity to have a better understanding of
09:46:05 this issue.
09:46:11 >>JOHN DINGFELDER: A quick question.
09:46:12 Ms. McLean, do you see any down side to a one-week
09:46:18 delay?
09:46:18 We just started at the beginning of the fiscal year.
09:46:23 I mean, something political that's happening between
09:46:26 this week and next week?
09:46:29 >>> There is not a drop deadline.
09:46:31 The longer we wait, of course, the more delay he would
09:46:34 cause for the other participants.
09:46:36 We were trying to get it in the last fiscal year
09:46:38 because some of the auditing requirements for some of
09:46:41 the other requirements as far as moving the money
09:46:44 around, and I am not going to stand here and profess
09:46:48 to know all the financial aspects of it.
09:46:50 Will we lose the money in a week?
09:46:52 No.
09:46:53 Is there a down side to the agreement?
09:46:57 In a word, no.
09:46:57 But I will be glad to meet with anybody.

09:47:00 >>JOHN DINGFELDER: I'm okay for a week.
09:47:04 >>LINDA SAUL-SENA: So move to delay for a week.
09:47:06 >>ROSE FERLITA: Second, as long as it doesn't
09:47:08 jeopardize what we are doing.
09:47:09 >>GWEN MILLER: I have a motion and second.
09:47:11 (Motion Carried)
09:47:14 Any other items?
09:47:26 >>> (off microphone).
09:47:41 >> I moved the reappointment.
09:47:42 >>LINDA SAUL-SENA: I think you are both outstanding
09:47:47 members of the Planning Commission. My concern is
09:47:48 that we are consistent.
09:47:50 We had previous people appointed by the council go
09:47:52 through the process opening up the seats again.
09:47:56 And I want to be fair and consistent.
09:47:58 So, anyway, I throw that out to my colleagues.
09:48:01 >>MARY ALVAREZ: I think probably the reason we did it
09:48:03 is because we know that they had been outstanding
09:48:06 members like you said, but that the Planning
09:48:08 Commission needed a full board.
09:48:12 And this is why we did it.
09:48:15 So I have to commend Christine.

09:48:18 She's been on there since I was on there in 1998.
09:48:21 The fact that she still wants to do it, it's
09:48:25 commendable of her.
09:48:26 So I'm ready to move the resolution whenever the time
09:48:31 comes.
09:48:33 >>SHAWN HARRISON: I agree with Mrs. Saul-Sena, they
09:48:35 both have served very well.
09:48:39 I think Mr. Curry was the chairman recently.
09:48:44 In order to be fair to everybody we have always
09:48:46 advertised these positions and always interviewed for
09:48:48 them and you I think we should be consistent as well.
09:48:51 So I'll make a motion that we take applications,
09:48:55 resumes for the Planning Commission, openings, and
09:48:58 we'll make that appointment in three weeks.
09:49:00 >>LINDA SAUL-SENA: Second.
09:49:02 >>MARTIN SHELBY: Just a clarification, council.
09:49:06 And Ms. Foxx-Knowles, if you can, just reconfirm.
09:49:11 These are in effect a ministerial confirmation of
09:49:15 previous council actions? Or are these current
09:49:18 vacancies that council has not take action on?
09:49:33 >>THE CLERK: 2005.
09:49:35 >>ROSE FERLITA: I remember Malzone, but I remember Mr.

09:49:40 Curry was part of an interview process.
09:49:45 >>MARTIN SHELBY: I have a request.
09:49:46 Please continue for one week to allow me to have that
09:49:48 clarification because I don't want to take any action
09:49:50 that might jeopardize things.
09:49:52 >>MARY ALVAREZ: We have a motion on the floor.
09:49:54 We can go up or down with this.
09:49:59 >>SHAWN HARRISON: That's fine, I'll rescind my motion
09:50:01 and ask for this to be continued for one week.
09:50:04 >>GWEN MILLER: Motion to rescind.
09:50:08 (Motion carried).
09:50:10 >>JOHN DINGFELDER: Marty, if you can work with the
09:50:13 clerk and see what the precedent is.
09:50:15 Mr. Harrison, who has been here longer than I have,
09:50:17 said that we always -- I just want to clarify that
09:50:22 with the clerk.
09:50:24 >>MARTIN SHELBY: Yes, if I can.
09:50:26 >>JOHN DINGFELDER: I just want to make sure.
09:50:27 >>MARTIN SHELBY: Just to bring to council's attention,
09:50:31 I'm aware of council's concerns with regard to
09:50:33 appointments, the Planning Commission, just to let you
09:50:35 know that I have been working with Rebecca Kerr from

09:50:39 the legal department and Cindy Miller to qualify the
09:50:42 process and be able to have the degree of comfort with
09:50:46 council that everything is going to work consistently
09:50:49 and fairly and timely.
09:50:55 >>ROSE FERLITA: I agree with that, consistently and
09:50:57 fairly is the number one consideration.
09:50:58 There's in a secret that Mr. Curry's wife is my
09:51:06 legislative aide.
09:51:06 I thought we went through that process and was
09:51:08 appointed by this council.
09:51:09 >>LINDA SAUL-SENA: But reappointment?
09:51:14 >>ROSE FERLITA: This is retroactive to the appointment
09:51:16 that started in '05.
09:51:19 We didn't do whatever we were supposed to do. He went
09:51:21 through the process.
09:51:22 Now we are saying let's give everybody a fair shot at
09:51:25 it.
09:51:25 They had it.
09:51:31 >>MARY ALVAREZ: This is August of 2005 that we made
09:51:33 this.
09:51:36 >>GWEN MILLER: If we already voted on this in 2005,
09:51:39 how are we going to go back now and rescind that

09:51:42 motion?
09:51:44 >>LINDA SAUL-SENA: This is appointment or
09:51:45 reappointment.
09:51:48 >>MARTIN SHELBY: I will do the research.
09:51:49 But my sums is that council took official action on
09:51:55 the basis of a motion.
09:51:57 Per council's rules, motions constitute a resolution,
09:52:01 legally and officially.
09:52:02 This may be a memorialization of the fact, to have a
09:52:06 document that's associated with it.
09:52:08 I might be wrong.
09:52:08 >>ROSE FERLITA: But if it is a memorialization we
09:52:12 don't go through the selection process again because
09:52:14 we didn't follow through with the resolution.
09:52:16 >>LINDA SAUL-SENA: Let's give at week.
09:52:23 >>DAVID SMITH: City attorney.
09:52:25 Mr. Shelby just absolutely summarize it correctly.
09:52:28 It's my understanding council took action.
09:52:30 This is a resolution memorializing that action, much
09:52:33 like you have with Mr. Foster before you today.
09:52:36 If you want to wait a we can, we can confirm that but
09:52:40 that's my understanding.

09:52:40 You took action, appointed these two individuals.
09:52:43 This is the resolution confirming that action, the
09:52:46 written resolution confirming that action.
09:52:50 >> I have no problems with what you are saying except
09:52:52 for what we are reading here says reappointment, not
09:52:56 appointment.
09:52:57 On our agenda, it says reappointment.
09:53:00 And if we are memorializing, we are actually pointing,
09:53:05 we are not repointing.
09:53:06 Reappointment would be another term.
09:53:09 >>DAVID SMITH: I think for Ms. Malzone that may have
09:53:12 been a reappointment but I think for Mr. Curry the
09:53:15 first appointment and perhaps whoever wrote the agenda
09:53:17 didn't realize what you did in August was two
09:53:20 different sorts of actions.
09:53:23 As a matter of fact, Sandy probably has the
09:53:24 information for you.
09:53:29 >>JOHN DINGFELDER: Let Mr. Shelby eastern his keep.
09:53:34 >>> Sandy Marshall, deputy city clerk.
09:53:36 Back on August 9, 2005, the city clerk's office
09:53:38 provided council with a memo requesting reappointment
09:53:41 of Bruce curry, who had filled an unexpired term, and

09:53:48 we had been requested to have that done and ask
09:53:51 council to make a motion to have a resolution prepared
09:53:53 to reappoint the individuals.
09:53:55 But Bruce, if I remember right, had filled only a
09:54:00 three or four months term.
09:54:02 At that time council made a motion to request legal
09:54:04 department to -- to reappoint the two individuals to
09:54:08 the Planning Commission.
09:54:10 >>SHAWN HARRISON: It's still not clear whether this
09:54:12 was -- what the action that when took, was it at the
09:54:15 end of that four-month period?
09:54:18 >>> His term expired on September 30th of 2005.
09:54:22 >>SHAWN HARRISON: But when he came before us and we
09:54:25 appointed him was it that four-month interim?
09:54:28 >>> So now you are reappointing him for the full term.
09:54:31 >> And we have not had any -- we haven't gone through
09:54:34 that process for that full four-year term, right?
09:54:38 >>> Correct.
09:54:41 They both have been serving since of last year on the
09:54:44 Planning Commission.
09:54:45 And I believe Mr. Curry, I believe -- he is the
09:54:49 chairman of the Planning Commission.

09:54:57 >>MARY ALVAREZ: Let's be consistent.
09:54:58 >>GWEN MILLER: We have a motion on the floor.
09:54:59 All in favor say Aye.
09:55:00 Opposed, Nay.
09:55:03 >>MARTIN SHELBY: For one week?
09:55:04 >>GWEN MILLER: For one week.
09:55:05 You can research it and bring it back in one week.
09:55:09 (Motion Carried)
09:55:10 We have a motion to approve the agenda.
09:55:13 >> So moved.
09:55:15 >> Second.
09:55:16 (Motion Carried).
09:55:16 >>GWEN MILLER: We now go to our staff report.
09:55:18 Item number 3.
09:55:19 Cindy Miller.
09:55:22 >> Cindy Miller, director of growth management
09:55:27 development services for number 3.
09:55:28 I do ask that be postponed until November 9th.
09:55:31 >>LINDA SAUL-SENA: So moved.
09:55:34 >> Second.
09:55:34 >>GWEN MILLER: Discussion on the motion?
09:55:39 >>JOHN DINGFELDER: Maybe my e-mail didn't get through

09:55:41 because I had e-mail problems yesterday.
09:55:43 I was will go for an appraisal on this.
09:55:46 Do you know if there was one?
09:55:48 >>> I believe there was.
09:55:49 But I think it's best we wait for consideration of
09:55:52 this.
09:55:53 There's a rezoning that must occur.
09:56:04 >>> I will get the full information before we came
09:56:06 come back to you.
09:56:07 >>GWEN MILLER: We have a motion and second.
09:56:08 (Motion carried)
09:56:09 Item number 6.
09:56:15 >> Assistant city attorney Toyin Aina Hargrett.
09:56:22 Within the last two weeks we were able to have the
09:56:26 city's internal working groups and identify the area
09:56:29 for you before making comments. That information was
09:56:32 packaged and sent out to them.
09:56:35 Let us know whether or not there will be any impact,
09:56:37 any subsequent time lines for us to follow, once they
09:56:40 have integrated that information and determined what
09:56:42 to do with it.
09:56:43 Additionally, there's been many issues that we have

09:56:46 been trying to progress on, and I memorialized this
09:56:49 being in a memorandum that was sent to you.
09:56:51 A couple of highlights are that within the last two
09:56:54 weeks, we have also included the WMBE program in the
09:56:59 sign-off on that doc agenda, and one of the other
09:57:03 things we have done in the last two weeks is to have
09:57:06 phase 1 of the emergency management software, so we
09:57:11 are very proud of those accomplishments, and we will
09:57:13 look forward to updating you in the next two weeks.
09:57:18 >>KEVIN WHITE: Two weeks, we were at 119 vendors that
09:57:25 have not been included in the study.
09:57:34 >>> It's my understanding that we are still at 119.
09:57:37 I believe that the number has gone up.
09:57:43 And use that to determine -- whether or not anything
09:57:47 was left out.
09:57:48 But that additional number is a comprehensive list of
09:57:51 all of the contractors.
09:57:53 So it's not that those were all missing.
09:57:55 That's not my understanding.
09:57:58 >>KEVIN WHITE: Because that was my understanding.
09:58:00 I heard it was well over 200 now.
09:58:03 >>> That's not my understanding, sir.

09:58:06 >>KEVIN WHITE: How long, we were at this juncture two
09:58:09 weeks ago.
09:58:10 How long do you think it's going to be before we hear
09:58:12 from mason tillman on the information that we have
09:58:16 given to them at this point in time for them to digest
09:58:19 and get a reasonable comprehensive answer for us?
09:58:24 >>> Should be able to give us a time line within the
09:58:26 next two weeks as to what we need to do.
09:58:28 And whether or not the information we provided will
09:58:34 have any impact.
09:58:34 We low forward in the next two weeks to be able to
09:58:37 update you on that.
09:58:39 >> So in two weeks you hope to have some results for
09:58:41 us?
09:58:42 >>> I believe so.
09:58:42 At least as far as the time line.
09:58:44 >>KEVIN WHITE: Thank you very much.
09:58:46 >>GWEN MILLER: Thank you.
09:58:47 We go to item number 7.
09:58:50 >> What about 6?
09:59:03 >> That was.
09:59:09 >> Cindy Miller, director of growth management and

09:59:11 development services.
09:59:12 I am here for a briefing regarding a letter as well as
09:59:21 our plans for a review of the architectural -- the
09:59:29 A.R.C. code.
09:59:30 What I would like to basically draw your attention to,
09:59:32 and two items being distribute distributed to you, Ms.
09:59:39 Peck's letter, and I do have the draft across the
09:59:42 matrix.
09:59:46 One thing that I would mention is in reviewing,
09:59:48 starting on page 2 of Ms. Peck's letter, that there
09:59:52 are basically three points that she makes that pertain
09:59:56 specifically to code changes that would be necessary
09:59:59 in order to implement or consider some of these
10:00:03 changes.
10:00:04 And I am going to put on the Elmo sort of a
10:00:06 highlighted version of that, and walk through those
10:00:08 items.
10:00:31 First is to eliminate the nonbinding review hearing.
10:00:35 Then the details for distribution to the members ahead
10:00:39 for their perusal so they can be ready with comments
10:00:42 and questions.
10:00:49 These are specifically under items 2, 3 and 10.

10:00:51 I have highlighted them in bullet points.
10:00:54 Starting on page 2, item 2.
10:00:56 Item number 3.
10:00:58 >>LINDA SAUL-SENA: Of her letter?
10:01:00 >>> Of her letter, yes.
10:01:01 The next is noncontroversial projects that must
10:01:04 undergo board review to be placed on the consent
10:01:07 agenda of the hearing.
10:01:15 And to approve communication between city departments.
10:01:17 Once the project is approved by preservation board, it
10:01:20 does not need major revision to meet site -- review,
10:01:27 solid waste, life safety code, et cetera.
10:01:30 Taking what I formed into bullet points, let me
10:01:33 basically outline for you I have asked my deputy to
10:01:49 take the lead on code changes.
10:01:58 We have put together this matrix that is before you
10:02:00 for the draft.
10:02:01 Based upon not only Ms. Peck's letter but also
10:02:05 conversations I have had with property owners, members
10:02:06 of the preservation community and other interested
10:02:09 parties, what I basically observed is that as an
10:02:14 applicant of any type comes in to City Hall, whether

10:02:17 it's this building or the building next door, it makes
10:02:20 it much easier and simpler if the applicant can
10:02:23 basically look at the same process and see that the
10:02:27 steps are consistent among reaching approvals for
10:02:31 various types of applications.
10:02:35 At this point the code as outlined for the
10:02:37 architectural review commission, first of all, it's
10:02:40 drafted in such a way that going in reverse order and
10:02:45 has what I would say more of a scrivener's correction,
10:02:48 and also, when don't really follow the same process
10:02:51 for A.R.C. as we do, say, for the zoning hearings that
10:02:54 come before you.
10:02:55 We believe that although -- and I know you all spent a
10:02:57 lot of time on zoning -- it still is a process, the
10:03:05 tried and true method for the city positions, through
10:03:09 public hearings, and then through your review and
10:03:11 approval or disapproval for other considerations.
10:03:15 So, therefore, what I had asked legal to work on is
10:03:24 the draft matrix that basically makes the A.R.C. code
10:03:27 more Al aligned with other portions of chapter 27.
10:03:30 The A.R.C. code is the zoning code.
10:03:33 So it would seem that within the code sections -- and

10:03:36 again in the process thing -- it is, I think, helpful
10:03:41 that applicants have the same or very similar process.
10:03:46 I think by doing that, it does put a bit more
10:03:50 restrictions or requirements, I should say, on city
10:03:53 staff.
10:03:53 But that's fine.
10:03:55 They already have to do review.
10:03:57 When it comes to what comes become A.R.C. there would
10:04:01 be a staff report just as you have a rezoning.
10:04:03 It would be that city departments would have a certain
10:04:06 time period by which they would have to review the
10:04:08 plan.
10:04:09 And then be able to report to the A.R.C. as to what
10:04:13 their findings are, their objections, recommendation,
10:04:17 or if there's no objections.
10:04:19 Now I can't say that we can necessarily have what is a
10:04:22 true consent agenda for the A.R.C. but I believe if
10:04:25 the A.R.C. has a complete report before them in
10:04:28 writing, in advance of their meeting, they will be
10:04:30 able to at least identify on their agenda both items
10:04:34 that they believe that there can be discussion, and
10:04:37 that's something we will have to work with legal staff

10:04:40 to determine.
10:04:44 Or whether there has to be, shall we say, a shorter
10:04:48 discussion time period.
10:04:50 So what I would recommend to council, I am really not
10:04:53 asking you to take any action today.
10:04:55 I wanted to you see the matrix, see where we are
10:04:57 going, sort of outline my overall consideration of
10:05:01 what I observed from my own discussion was the public
10:05:04 and with applicants.
10:05:05 And what I would like to do is during the month of
10:05:07 November, Thom Snelling will lead what I would call
10:05:12 neighborhood meetings or discussions.
10:05:13 I would like to have them in November in Hyde Park, in
10:05:16 Tampa Heights and Seminole Heights.
10:05:19 Those are what I would call the throw major historical
10:05:21 districts.
10:05:22 We will get back to you with a workshop, the City
10:05:24 Council sometime in December, hopefully in the early
10:05:26 part of December.
10:05:27 What I would call sort of the Mascotte room
10:05:30 discussion.
10:05:31 Then if you have a direct ordinance to you in January,

10:05:34 and just to point out that this ordinance for these
10:05:37 type of amendments, chapter 27, will require
10:05:40 transmittal to the Planning Commission, and will also,
10:05:43 because of the historic nature, require state
10:05:46 approval.
10:05:47 I believe that if we use this type of approach, it
10:05:51 will assist applicants to be much more transparent,
10:05:56 finally review of their applications, but I do want --
10:05:59 and one reason why you want to have the various
10:06:01 neighborhood meetings, we want to hear from the
10:06:07 neighbors within these districts and also they have
10:06:09 other considerations from throughout the city, and
10:06:12 also to be able to see if there was a way that we can
10:06:14 make this process more user friendly, but still
10:06:17 maintain the integrity of the process.
10:06:19 And I believe we at least have a good outline to
10:06:22 accomplish that.
10:06:22 So I'm her for any questions.
10:06:27 >>JOHN DINGFELDER: Thank you and your staff.
10:06:31 Obviously a lot of work going into this and we'll see
10:06:33 it continue over the next months.
10:06:35 My question, Mr. Smith has related to the first page

10:06:38 on this.
10:06:39 David, there's been periodic reference to the
10:06:43 constraints of the Lykes settlement as related to the
10:06:47 A.R.C. and chapter 27.
10:06:56 And then I heard you say you are not sure how much the
10:06:58 settlement agreement will apply.
10:07:00 Do you want to wait and continue to look at that
10:07:02 issue?
10:07:05 >>DAVID SMITH: We are evaluating that issue.
10:07:07 Preliminary opinion is that it does not have the
10:07:09 continuing effect that it had initially.
10:07:12 I need to look at the research that's been done for
10:07:14 me, primarily by Ms. Wysong, and she can update me on
10:07:19 that.
10:07:19 But we believe we are going more flexibility than
10:07:22 previously, both with respect to the process that
10:07:26 A.R.C. uses and some of the other requirements.
10:07:29 >>JOHN DINGFELDER: Because on the first page of the
10:07:32 matrix, you know, it speaks to that issue that we
10:07:36 talked about a week or two ago about the affiliation
10:07:38 of board members and stuff and so if we don't get that
10:07:43 to constrain, maybe that's something we want to

10:07:45 address on this ordinance change.
10:07:47 >>> It is something we will be addressing.
10:07:48 Ms. Kert, do you have anything additional to add?
10:07:53 We'll look at that in a more comprehensive way as
10:07:55 well.
10:07:56 The relevant considerations in that regard are
10:07:58 relevant to all boards.
10:07:59 So we need to be consistent in all the boards.
10:08:02 There's in a reason for an anomaly in this particular
10:08:05 context.
10:08:07 >>LINDA SAUL-SENA: I am glad that you brought that up,
10:08:09 Mr. Dingfelder.
10:08:10 Ms. Miller, I want to thank you.
10:08:12 This idea of stream lining the process, make it more
10:08:16 consistent, working with all the city departments
10:08:22 before they come to the A.R.C., it's just so critical.
10:08:25 I think this is a realistic time frame and I look
10:08:29 forward to getting things back and moving forward with
10:08:33 this.
10:08:33 I know we have some people from the preservation
10:08:35 community who want to say some things about this.
10:08:37 So if you could stick around for the audience section,

10:08:39 I would appreciate it but this is a great beginning,
10:08:41 thank you.
10:08:42 >>MARY ALVAREZ: I want to thank Ms. Peck for bringing
10:08:46 this to the forefront.
10:08:47 And I of course want to thank you, Ms. Miller, for
10:08:51 taking her comments, because we all know that the
10:08:58 A.R.C. does a great job.
10:08:59 I'm not taking that away from them.
10:09:01 But sometimes they get a little too quickie.
10:09:04 And, you know, what you brought to us in this draft
10:09:12 form, it's got a lot of good points in there that I
10:09:15 think the idea that -- it's an excellent idea.
10:09:25 And I want to commend you and thank you for that.
10:09:29 Joanne peck is the one we really have to thank.
10:09:32 Because she came down with a lot of stuff in here that
10:09:37 we need to know.
10:09:40 So please work with her.
10:09:43 I know her personally.
10:09:45 And she's a wonderful preservationist.
10:09:49 And I want to be part of this somehow in the process.
10:09:58 >>> And thank you.
10:09:59 And I think I mentioned in a previous discussion with

10:10:01 you all that this letter serves as a great check point
10:10:04 to be able to go through.
10:10:05 I do want to mention one more point that I neglected
10:10:08 to say.
10:10:08 Because although I was referring to item 2, 3 and 10
10:10:12 for this particular code process, I don't want to you
10:10:14 think we are ignoring the other point.
10:10:16 It's just that those are the particular points that
10:10:18 apply to A.R.C. code.
10:10:20 When it comes to the other points, those would be
10:10:22 under a different process.
10:10:23 It would be looking at guidelines and standards.
10:10:25 We are not neglecting or ignoring that.
10:10:27 We intend to come back and look at what is the
10:10:30 approach to consider those items.
10:10:32 I don't want you to think that we are only looking at
10:10:34 2, 3 and 10.
10:10:35 We are looking at the entire list.
10:10:36 >>LINDA SAUL-SENA: Well, can we assume that your
10:10:38 process for incorporating some of these other
10:10:41 suggestions is on a parallel line?
10:10:43 What is the time frame?

10:10:44 >>> It is.
10:10:45 And some of that will really be driven more from a
10:10:48 standpoint of other meetings that I have attended.
10:10:50 We talked about improving the documentation of the
10:10:54 standards, the guidelines that are presented, that we
10:10:58 need to do under a different format.
10:11:00 That would be more through Historic Preservation
10:11:01 Commission.
10:11:02 And we do intend to continue that on a parallel track.
10:11:06 >>LINDA SAUL-SENA: I look forward to working with you
10:11:09 because these are all things we need to do.
10:11:13 You are finally getting fully staffed.
10:11:14 Hopefully it will be able to move along more quickly.
10:11:18 >>ROSE FERLITA: Ms. Miller, thank you to you and to
10:11:20 Ms. Peck.
10:11:21 This is simply a common sense suggestion.
10:11:24 This whole thing is based on common sense.
10:11:25 I have got some friends and neighbors that are in Hyde
10:11:30 Park, Palma Ceia, and of course they are on the site
10:11:33 protecting preservation.
10:11:35 Being aware of what preservation needs in terms of
10:11:39 what we need to do.

10:11:40 But they, too, with me, have had some conversations
10:11:44 about how sometimes this process is so onerous that it
10:11:48 turns people away.
10:11:49 So I think this is going to bring people together.
10:11:51 People that are in the city that don't care so much
10:11:54 about preservation and something that they care about
10:11:59 preservation but are frustrated in getting other
10:12:02 people engaged.
10:12:03 So this is a reasonable approach to what we need to
10:12:05 do.
10:12:06 Short of us going back to Hyde Park and giving a
10:12:13 trophy to Ms. Peck.
10:12:16 >>MARY ALVAREZ: Do we have to do anything?
10:12:19 >>> Not at this point.
10:12:20 We'll be back to you for future workshops.
10:12:22 >>GWEN MILLER: Item number 8.
10:12:24 You want to continue this to October 19 (,.
10:12:29 >> So moved.
10:12:30 >> Second.
10:12:30 (Motion carried).
10:12:31 >>GWEN MILLER: 9 is a resolution.
10:12:43 >>MARTIN SHELBY: The title needs to be read to make it

10:12:46 office.
10:12:47 >>MARY ALVAREZ: Resolution amending the rules of
10:12:49 procedure rule 3-B-2 governing the order of business
10:12:53 of the meetings of the City Council of the City of
10:12:56 Tampa, deleting section 6-F.
10:12:59 >>LINDA SAUL-SENA: Second.
10:13:00 (Motion carried).
10:13:02 >>GWEN MILLER: Item number 10 we need to continue.
10:13:04 >>MARY ALVAREZ: Move to continue.
10:13:08 >>LINDA SAUL-SENA: To the first week in November.
10:13:12 (Motion carried).
10:13:14 >>GWEN MILLER: Is there anyone in the public that
10:13:16 would like to ask for reconsideration?
10:13:18 Anyone in the public like to ask for reconsideration?
10:13:21 When now go to our audience portion.
10:13:23 Is there anyone in the audience that wants to speak to
10:13:28 any item on the agenda not set for a public hearing?
10:13:40 >>> Anna Thomas, 821 South Orleans, president of Tampa
10:13:43 Preservation.
10:13:44 I just want to say again thank you to Joanne peck for
10:13:48 helping to introduce the suggestions for the revamped
10:13:51 process of the A.R.C., and, Ms. Miller, I am so

10:13:55 excited to hear that this is happening, as Ms. Ferlita
10:13:59 has pointed out.
10:14:00 I am a resident of Hyde Park.
10:14:02 And I would say that this is such welcome news to
10:14:08 every historic district, every residential owner
10:14:11 within the historic district.
10:14:12 I really believe this improved process is going to
10:14:15 help break down some of the barriers that have existed
10:14:18 when people either want to buy homes, or they think
10:14:21 this is just too much to go through to help restore
10:14:27 our buildings properly.
10:14:28 It's just a tremendous thing to have happen.
10:14:30 The other thing that I would like to throw out here is
10:14:34 I really believe that this improved process can do a
10:14:37 lot to help with us some of the issues that have
10:14:40 brought us to the point of having the ordinance
10:14:43 reviewed and possibly revised.
10:14:45 I really think the A.R.C. process has constituted
10:14:49 maybe 60% of some of the issues that have made
10:14:53 historic building owners reluctant for designation,
10:14:56 that kind of thing.
10:14:57 So my request is that we really look at this process,

10:15:02 allow it to be implemented, and then really focus more
10:15:06 on the ordinance.
10:15:07 Let's fix a very solvable problem and see what
10:15:11 positive impact it can have.
10:15:13 I think that that will influence the ordinance greatly
10:15:16 and in a very positive way.
10:15:18 Thank you very much.
10:15:19 >>GWEN MILLER: Thank you.
10:15:20 Next.
10:15:32 >>MOSES KNOTT, JR.: I reside at 2902 East Ellicott
10:15:36 street three nights a week.
10:15:38 Again I thank God for his grace and his mercy.
10:15:45 I can't do without it.
10:15:48 Brought me a long, long ways, and brought me to this
10:15:50 podium this morning.
10:15:51 I thank God for that.
10:15:53 This morning, I wanted to speak on -- this morning you
10:15:58 all give a commendation to the clerk this morning.
10:16:02 And, you know, she will tell you about three or four
10:16:08 weeks ago, what a good job she's doing.
10:16:11 And this morning, give her an award this morning for
10:16:16 that, you know.

10:16:17 And I start thinking way back, I been coming to this
10:16:22 podium.
10:16:25 But what really impressed me -- this thing right
10:16:30 here -- I started coming when she first got this job,
10:16:33 you know.
10:16:36 You look in here.
10:16:41 And always tell people down through the years, nobody
10:16:51 appreciate me.
10:16:53 You do a good job.
10:16:54 I wasn't raised by no daddy.
10:16:57 I was raised by old men.
10:16:59 Let me tell you something.
10:17:04 You don't have to tell nobody nothing.
10:17:06 Whatever you do speaks for itself.
10:17:08 But I want to say again, you all, the lawyers come
10:17:11 behind, the new lawyers and so forth, and, you know, I
10:17:14 was sitting back there again thinking about, you know,
10:17:17 you all own your own A-game now.
10:17:22 This City Council has come a long, long ways.
10:17:24 Just last week telling you about the lawyers, Mr.
10:17:26 Shelby and Mr. Smith.
10:17:28 Every week the man come.

10:17:31 We never had that before.
10:17:32 And every time we had a conversation, all of you got
10:17:35 to speak on that, you know.
10:17:37 There was rubber stamped so much stuff in here.
10:17:40 I been thinking about how I wanted to speak and
10:17:43 everything and public people don't come here in the
10:17:48 day because they say when they come down here they
10:17:51 can't speak on nothing.
10:17:53 And I encourage the neighbors to come back so the
10:17:56 old-fashioned days and stick on this issue.
10:18:00 Get out of your house and come down here and speak
10:18:02 about things, now.
10:18:03 But I just want to say, and you all City Council
10:18:07 people, I love you all.
10:18:09 I always tell you, I love you, I don't trust you.
10:18:12 And two lawyers and one policeman.
10:18:23 I love that.
10:18:24 But the best thing that ever happen, because you all
10:18:29 used to have like a one-track mind up there.
10:18:31 And you all got -- he liked to Shepherd that.
10:18:42 And one of her students told me, no respectable lady.
10:18:55 But for me, I didn't want to die and let -- I just

10:19:02 thank God for you all.
10:19:03 >>GWEN MILLER: Thank you, Mr. Knott.
10:19:05 Would anyone else like to speak?
10:19:10 Now we go to our audience for first reading.
10:19:13 Mr. Dingfelder, are you ready to read?
10:19:17 >>JOHN DINGFELDER: Be glad to.
10:19:22 Number 11.
10:19:26 Move an ordinance of the city of Tampa, Florida
10:19:27 amending the City of Tampa code chapter 15, parking,
10:19:30 article II, regulations, permits, penalties, division
10:19:35 3, permits, permit regulations amending section 15-27,
10:19:39 types enumerated, amending section 15-103,
10:19:43 definitions, re R renumbering section 15-104, denial,
10:19:47 honoring and revocation of permits to section 15-105,
10:19:51 enacting a new section 15-10 a 4 to provide for
10:19:55 residential parking permit only areas, providing for
10:19:57 repeal of all ordinances in conflict, providing for
10:20:02 severability, providing an effective date.
10:20:03 This is codifying a residential parking permit in Ybor
10:20:07 City.
10:20:07 And I think we have our parking manager if anybody has
10:20:11 any questions.

10:20:12 I think it looks real good to me.
10:20:14 I hope we can expand it in other parts of town as
10:20:17 other parts of town become ready for this.
10:20:21 >>> Corbett, parking manager, I'm here today to speak
10:20:24 to item number 11.
10:20:25 This is an actual administrative policy that we have
10:20:28 had in place in the Ybor City south of 6th Avenue
10:20:32 since 1996.
10:20:34 We have been enforcing components of this proposed
10:20:38 ordinance.
10:20:38 It is at this time that we are seeking clarification
10:20:41 in the form of an official ordinance so we can move
10:20:43 forward with this.
10:20:44 >>LINDA SAUL-SENA: Thank you.
10:20:49 It's not specifically on this, but it's relevant.
10:20:52 And that is, I look forward to an overall city-wide
10:20:57 parking strategy.
10:20:58 I think there are areas where we need to move forward
10:21:01 with this.
10:21:04 Residential permits so we protect the property owners
10:21:06 who live there, that they can park in front of their
10:21:10 own houses.

10:21:11 I think there are areas that we need to restrict
10:21:13 parking.
10:21:14 I think there are areas where our existing rules are
10:21:16 too -- too much parking where we want to encourage
10:21:21 transit such as downtown.
10:21:22 I really look forward to you working with land
10:21:24 development to develop a more clear and coherent
10:21:29 city-wide parking strategy.
10:21:31 And I think city-wide, I mean each neighborhood needs
10:21:35 to have consideration.
10:21:36 But I don't think there's a strategy right now.
10:21:41 Are you working on that?
10:21:43 In conjunction with transportation?
10:21:46 >>> Yes, we have worked with transportation
10:21:47 specifically with the South Howard area as the next
10:21:55 primary, as well as Channelside will come up shortly.
10:21:58 >> I low forward to that coming back to council.
10:22:01 >>> Thank you.
10:22:01 >>GWEN MILLER: I have a motion and second.
10:22:03 (Motion carried)
10:22:04 Ms. Saul-Sena, read number 12, please.
10:22:08 >>LINDA SAUL-SENA: I would like to move an ordinance

10:22:11 of the city of Tampa, Florida, amending article of the
10:22:16 code of ordinances of the City of Tampa chapter 26,
10:22:19 utilities, adopting the April 2006 edition of the
10:22:22 wastewater department's technical manual, manual of
10:22:25 standards for industrial and special users, providing
10:22:27 for repeal of all ordinances in conflict, providing
10:22:30 for severability, providing an effective date.
10:22:30 >>GWEN MILLER: I have a motion and second.
10:22:32 (Motion carried)
10:22:34 Ms. Alvarez, number 13.
10:22:36 >>MARY ALVAREZ: An ordinance of the city of Tampa,
10:22:39 Florida pertaining to the amendments of chapter 26s
10:22:43 utilities article 1, administrative provisions section
10:22:46 26-117 definitions of the department and director,
10:22:49 providing for repeal of all ordinances in conflict,
10:22:53 providing an effective date.
10:22:53 >>GWEN MILLER: I have a motion and second.
10:22:54 (Motion Carried)
10:22:58 Do you have a substitute ordinance for number 14?
10:23:01 >> Move an ordinance in the city of Tampa, Florida
10:23:44 utilities article 126-4, utility accounting division,
10:23:48 section 26-31, sanitary sewer fees and charges,

10:23:51 section 26-31, H-10 capacity fee, article 3, sanitary
10:23:56 sewer section, 26-116 title, section 26-117,
10:24:00 definition, section 26-122, see authorization for
10:24:04 industrial wastewater permit, for special user and
10:24:07 section 26-126, technical standards adopted providing
10:24:10 for re pale of all ordinances in conflict, providing
10:24:13 an effective date.
10:24:14 >> I have a motion and second.
10:24:15 (Motion carried)
10:24:20 We now go to committee reports.
10:24:22 Rose Ferlita.
10:24:32 >>ROSE FERLITA: Move resolution 15.
10:24:37 >>MARY ALVAREZ: I thought that was to be removed.
10:24:39 >>MARTIN SHELBY: I believe it was previously walked
10:24:58 on.
10:24:59 Just remove it from the agenda.
10:25:01 >>ROSE FERLITA: okay.
10:25:02 Then I would like to remove it from the agenda.
10:25:04 >> Second.
10:25:05 (Motion carried).
10:25:09 >> Parks and recreation, Mary Alvarez.
10:25:11 >> Move 16 and 17.

10:25:13 >> Second.
10:25:13 (Motion carried).
10:25:15 >> Public works, Mr. John Dingfelder.
10:25:16 >>JOHN DINGFELDER: Item 18, Steve Daignault has joined
10:25:20 us and requested to provide us some additional
10:25:23 information.
10:25:25 So even though right now there's an approved motion to
10:25:29 continue for a week, I just asked Steve to give us the
10:25:32 additional information and then we'll see where that
10:25:34 takes us.
10:25:34 >>LINDA SAUL-SENA: Before he comes up, I had an
10:25:37 opportunity to chat with him in the lobby.
10:25:39 I am clear now that this is for money that we have
10:25:43 already spent.
10:25:44 It's not moving anything forward.
10:25:46 It's reimbursement for money we already spent.
10:25:49 Frankly, we might as well keep our money.
10:25:55 I think I made the motion --
10:26:00 >>ROSE FERLITA: And something here, I think what Mr.
10:26:02 Daignault explained, it is not anything that is
10:26:04 putting us in competition with any of the other
10:26:06 municipalities.

10:26:10 I'm certainly willing to remove my opposition as well.
10:26:14 >> We have a motion and second to remove number 18.
10:26:16 (Motion carried).
10:26:18 >>JOHN DINGFELDER: With that I'll move items 18
10:26:20 through 25.
10:26:22 >> Second.
10:26:22 (Motion carried).
10:26:22 >>CHAIRMAN: Finance Committee, Mr. Kevin White.
10:26:27 >>KEVIN WHITE: I would like to move items 26 and 28
10:26:31 through 34, and hold 27 for a week.
10:26:36 >> Second.
10:26:36 (Motion carried).
10:26:37 >>GWEN MILLER: Building and zoning, Ms. Linda
10:26:40 Saul-Sena.
10:26:40 >>LINDA SAUL-SENA: I would like to move resolutions 35
10:26:45 through 37.
10:26:46 >> Second.
10:26:47 (Motion carried).
10:26:47 >>GWEN MILLER: Transportation committee, Shawn
10:26:53 Harrison.
10:26:53 >> I move 38 through 42.
10:26:56 >> Second.

10:26:56 (Motion carried).
10:26:57 >>SHAWN HARRISON: Move the new business items 43 and
10:27:02 44.
10:27:04 >> Second.
10:27:04 (Motion carried).
10:27:04 >>GWEN MILLER: Item number 43, second reading, and we
10:27:14 have the others, 46 through 49 we have a motion and
10:27:24 second.
10:27:25 Is anyone in the public going to speak on these items
10:27:29 45 through 49?
10:27:31 Would you please stand and raise your right hand?
10:27:34 (Oath administered by Clerk).
10:27:45 >>MARTIN SHELBY: I ask that all written communications
10:27:47 relative to today's hearings that have been available
10:27:49 for public inspection in City Council's office be
10:27:51 received and filed.
10:27:52 Madam clerk, do you have items to receive and file?
10:28:02 >>THE CLERK: Yes, we do.
10:28:04 >> Motion to receive and file.
10:28:05 >> Second.
10:28:05 (Motion carried).
10:28:06 >>MARTIN SHELBY: Second a reminder about disclosing

10:28:09 any ex parte communications.
10:28:12 And ladies and gentlemen, please state for the record
10:28:16 that you have been sworn when you speak.
10:28:20 >> Anyone to speak on number 45?
10:28:25 >> Move to close.
10:28:26 >> Second.
10:28:26 >> And 46 will be required to be adopted before 45 so
10:28:32 I ask that you switch the order.
10:28:33 >>GWEN MILLER: Is there anyone in the public that
10:28:34 wants to speak on item 46?
10:28:36 >> Move to close.
10:28:37 >> Second.
10:28:38 (Motion Carried).
10:28:38 >>GWEN MILLER: Mr. White?
10:28:42 >>KEVIN WHITE: Move an ordinance upon second reading,
10:28:46 an ordinance vacating, closing, discontinuing, and
10:28:48 abandoning a certain right-of-way a portion of platted
10:28:51 ditch right-of-way between state and lemon street,
10:28:55 west of Occident street, in Cloverdale subdivision, a
10:28:59 subdivision in Hillsborough County, Florida, the same
10:29:01 being more fully described in section 2 hereof,
10:29:04 subject however to certain conditions, subsequent

10:29:08 described herein, providing an effective date.
10:29:12 >>CHAIRMAN: Voice roll call.
10:29:21 >>THE CLERK: Motion carried 4 to 2 with Dingfelder and
10:29:27 Saul-Sena voting no.
10:29:30 >>GWEN MILLER: 5 to 2.
10:29:32 >>THE CLERK: 5 to 2.
10:29:35 >>GWEN MILLER: Is there anyone in the public that
10:29:36 wants to speak on item 45?
10:29:39 >> Move to close.
10:29:40 >> Second.
10:29:40 (Motion carried).
10:29:41 >>GWEN MILLER: Mr. White, please.
10:29:45 >>KEVIN WHITE: Move to adopt the following ordinance
10:29:47 on second reading, move an ordinance rezoning property
10:29:50 in the general vicinity of northeast and northwest
10:29:52 corner of Occident street and lemon street in the city
10:29:56 of Tampa, Florida and more particularly described in
10:29:58 section 1 from zoning district classifications PD
10:30:00 planned development, office, map-1 municipal airport
10:30:05 and map-3 municipal airport to PD planned development,
10:30:11 office, providing an effective date.
10:30:13 >> Second.

10:30:13 >>GWEN MILLER: Voice roll call.
10:30:16 >>THE CLERK: Motion carried with Dingfelder and
10:30:22 Saul-Sena voting no.
10:30:25 >>GWEN MILLER: Is there anyone in the public that
10:30:26 wants to speak on item 47?
10:30:28 >> Move to close.
10:30:29 >> Second.
10:30:29 (Motion carried).
10:30:30 >>ROSE FERLITA: Move to adopt the following ordinance
10:30:37 on second reading, on an ordinance of the city of
10:30:40 Tampa, Florida establishing the independent park
10:30:43 community development district for the purpose of
10:30:45 managing and delivering basic community infrastructure
10:30:49 improvements generally located south of memorial
10:30:51 highway and independence parkway west of the veterans
10:30:55 expressway 589 and north of Dana shores drive
10:31:00 comprising 43.811 acres more or less said district to
10:31:05 be located entirely within the boundaries of the City
10:31:08 of Tampa, Hillsborough County the same being more
10:31:12 particularly described in section 2 hereof pursuant to
10:31:15 chapter 190 Florida statutes providing for
10:31:18 severability, providing an effective date.

10:31:18 >>GWEN MILLER: Voice roll call.
10:31:22 >>THE CLERK: Motion carried, Saul-Sena absent.
10:31:27 >>GWEN MILLER: Is there anyone in the public that
10:31:29 wants to speak on item 48?
10:31:31 >> Move to close.
10:31:32 >> Second.
10:31:32 (Motion carried).
10:31:33 >>MARY ALVAREZ: I move to adopt the following
10:31:37 ordinance upon second reading, an ordinance amending
10:31:40 the ordinance number 2006-161, passed and ordained by
10:31:45 the City Council of the City of Tampa July 13, 2006,
10:31:48 which established the heights community development
10:31:51 district by changing section 10, effective date of
10:31:55 ordinance to read effective immediately upon becoming
10:31:58 a law, providing an effective date.
10:32:00 >> I have a motion and second.
10:32:01 (Motion carried)
10:32:04 >>THE CLERK: Motion carried.
10:32:12 >>GWEN MILLER: Is there anyone in the public that
10:32:14 wants to speak on item 49?
10:32:16 >> Move to close.
10:32:17 >> Second.

10:32:17 (Motion carried).
10:32:18 >>SHAWN HARRISON: Move to adopt the following
10:32:23 ordinance upon second reading.
10:32:25 An ordinance repealing ordinance number 2005-83 making
10:32:28 lawful the sale of beverages containing alcohol of
10:32:30 more than 1% by weight and not more than 14% by weight
10:32:34 and wines regardless of alcoholic content beer and
10:32:37 wine 2(COP-R) for consumption on premises only in
10:32:40 connection with a restaurant business establishment on
10:32:41 that certain lot, plot or tract of land located at
10:32:44 3404 east Lake Avenue, Tampa, Florida, as more
10:32:47 particularly described in section 3 hereof, waiving
10:32:50 certain restrictions as to distance based on certain
10:32:53 findings providing for repeal of ordinances in
10:32:57 conflict, providing an effective date.
10:32:59 >>GWEN MILLER: voice roll call.
10:33:06 >>THE CLERK: Motion carried.
10:33:08 >>GWEN MILLER: We need to open 50 through 52.
10:33:13 >> So moved.
10:33:15 >> Second.
10:33:15 (Motion carried).
10:33:15 >>GWEN MILLER: Is there anyone in the public that

10:33:21 wants to speak on item 50?
10:33:24 >>STEVE MICHELINI: If you remember when this first
10:33:25 came up, there was a reference made to an agreement
10:33:27 regarding the elevations for small projects.
10:33:33 I checked back and I could find no reference to an
10:33:38 agreement of any kind regarding requiring four-side
10:33:42 elevations for PD regardless of size.
10:33:45 One of the things that I'm asking you not to do is to
10:33:47 not adopt this provision changing the code.
10:33:51 I'm asking for a couple of amendments which I think
10:33:54 may go toward meeting the spirit of what you're trying
10:33:56 to achieve.
10:33:57 One is to exclude projects of one acre or less.
10:34:01 And the second would be, except for the TPD and the
10:34:04 Channel District, and the other one would be that the
10:34:07 elevations be designated as schematic only and not
10:34:11 grounds for substantial deviation and they can come
10:34:14 back to council.
10:34:15 For example, when you go for a design elevation to a
10:34:18 construction elevation, there are details that never
10:34:22 show up.
10:34:22 And consequently what happened when you get the

10:34:25 construction services, your projects are thereon
10:34:29 thrown out, go back to the rezoning office for
10:34:31 determination of substantial deviation.
10:34:34 One other things I would like to have you consider in
10:34:37 sites of less than one acre that have two frontages on
10:34:41 rights-of-way that should be required to provide
10:34:43 elevations for the two rights-of-way.
10:34:45 And in addition to that, council can always require
10:34:50 elevation, all four sides if you determine there's
10:34:53 some impact on an adjoining property owner.
10:34:56 But the consequences here on small projects, your
10:35:00 projects are not fully designed at the rezoning stage.
10:35:03 It takes an extreme amount of effort and an additional
10:35:07 expense, especially on small sites to give you four
10:35:10 side elevation.
10:35:11 When you come back in for permitting, if those
10:35:13 elevations change in any way, and I'm concerned about
10:35:17 them being thrown out over to Construction Services
10:35:18 Center for not being consistent with the PD plan.
10:35:22 I think these are minor changes.
10:35:25 One-acre sites are fairly insignificant in terms of
10:35:28 design criteria.

10:35:30 Design criteria I'm talking about.
10:35:32 I'm not talking about site plan criteria.
10:35:36 You don't have the staff to review projects for design
10:35:39 criteria.
10:35:39 There's no regulations set up and tell you what you're
10:35:43 looking for in terms of things other than general
10:35:46 consistency in the neighborhood.
10:35:48 If the size and scale is inappropriate, they can
10:35:52 certainly be reviewed and taken up at that time.
10:35:54 But I would urge knot council not to adopt the
10:35:56 requirement for all PDs to have four-side elevations
10:35:59 for all projects.
10:36:00 >>LINDA SAUL-SENA: Mr. Michelini, last week at our
10:36:07 zoning meeting, we had a less than one acre but
10:36:11 significant 12 units, multifamily townhouse
10:36:16 development -- not down house but a development come
10:36:18 before us, with a size that was 115 feet long, and if
10:36:24 we hadn't had an opportunity to see the side elevation
10:36:28 that would be next to the single-family house, we
10:36:31 couldn't have really understood what was being
10:36:32 proposed.
10:36:33 I don't think it's appropriate to wait until the

10:36:35 neighbors all have to show up at a public hearing and
10:36:38 then send people back to draw something up.
10:36:43 I think the current rules where we are developing very
10:36:46 definite urban design in-fill projects, not design
10:36:51 areas but where compatibility is really critical, it's
10:36:56 only there in my opinion for the neighbors and the
10:36:58 community to see what's being proposed on all our
10:37:01 sides.
10:37:02 If I were living next to something, a proposed PD, I
10:37:05 would want to see what the side and back of it is
10:37:07 going to be, if it's affecting my community.
10:37:11 I think a one-acre prohibition doesn't suitably
10:37:15 address the in-fill proposal that we see coming before
10:37:19 us week after week.
10:37:20 And while I recognize that there is some expense, I
10:37:22 can tell you these guys, they are not like spending a
10:37:28 huge amount of time hand drawing all of this.
10:37:30 And I feel like it's the basic information that we
10:37:33 need in order to make this decision in terms of
10:37:35 neighborhood compatibility.
10:37:37 So I will not be supporting your request.
10:37:39 >>GWEN MILLER: Mr. Dingfelder?

10:37:42 >>JOHN DINGFELDER: I think Ms. Saul-Sena is very
10:37:47 articulate in the reasons why we should do this.
10:37:50 And I think one thing that just came to mind is the
10:37:52 fact that a PD is an exception to the rule.
10:37:57 You can build whatever you want with your Euclidean
10:38:00 zoning, your RS 50, RS 75, that sort of thing.
10:38:04 You never have to come before council.
10:38:05 When you come with a PD, you're saying, you know what?
10:38:09 This is unique, this is different.
10:38:10 I need your help, City Council, and neighbors,
10:38:15 et cetera.
10:38:16 And, therefore, in coming to council and coming to the
10:38:19 community and asking for that big exception, I think
10:38:23 Ms. Saul-Sena just articulated very good reasons why
10:38:26 we should in turn ask for the four-side.
10:38:31 And a one acre project is a huge project if you stick
10:38:34 it in the middle of Palma Ceia, or West Tampa, or East
10:38:38 Tampa, in the middle of the neighborhood.
10:38:40 One acre is nothing.
10:38:45 That could be a dozen or more new homes.
10:38:50 So that's a big deal.
10:38:52 One acre might not be as big a deal on Channelside or

10:38:56 something like that.
10:38:57 I don't know, Steve.
10:38:58 I would like to go ahead and move forward with the
10:39:00 ordinance as it's written right now, and then see how
10:39:03 it plays out.
10:39:04 If it proves to be burdensome for people, then let
10:39:08 them come in and let them tell us its burden some and
10:39:11 how much it cost, and then maybe we could amend it
10:39:15 down the road.
10:39:16 But I think it's well intended right now.
10:39:21 >>STEVE MICHELINI: My only concern, council --
10:39:25 >> You can't speak again.
10:39:26 >>STEVE MICHELINI: You mentioned my name and Mr.
10:39:28 Dingfelder also mentioned my name.
10:39:30 I certainly have an opportunity, should have an
10:39:32 opportunity to address what you have said.
10:39:39 >>GWEN MILLER: Ms. Alvarez.
10:39:40 >>MARY ALVAREZ: Let me just say that Mr. Michelini
10:39:44 brings up some good points, and of course Linda does,
10:39:47 too.
10:39:47 She knows all about urban planning and I really
10:39:49 respect her opinions on all these things.

10:39:53 But do you bring some good points up.
10:39:55 And I don't see anybody here from Cathy Coyle's office
10:39:59 that could help us with this.
10:40:04 But, anyway, I think one week or two weeks -- I don't
10:40:08 know how much this ordinance has been bandied about or
10:40:17 talked about.
10:40:17 But if you have some concerns at this point, then I
10:40:20 think it behooves this council to go ahead and take a
10:40:22 look, one more look at this.
10:40:24 It's not going to hurt.
10:40:25 And we can just go and put it off for another week or
10:40:30 two, and just wait until everybody is satisfied.
10:40:34 And that's -- I'll be supporting that.
10:40:38 >>ROSE FERLITA: Mr. Michelini, you said you wanted to
10:40:42 respond.
10:40:42 >>STEVE MICHELINI: All I was going to say is the
10:40:45 council can always require that a petitioner bring in
10:40:47 four-side elevations.
10:40:48 What the difference is that you are making it a
10:40:50 requirement at submission, and that is a larger
10:40:54 difference, because through the site plan process,
10:40:57 you're making amendments to the site plan.

10:40:59 So by the time you submit an application, you're also
10:41:02 changing, not just the site plan but you're changing
10:41:05 the elevation.
10:41:06 If the building locations change, or if you move
10:41:08 buildings around, your entire elevation has changed.
10:41:12 You have to start the elevation process as well as the
10:41:14 site plan process over again, and make those
10:41:16 amendments.
10:41:17 It's prolonging the process.
10:41:19 You don't have the staff.
10:41:21 And you don't have the criteria established in this
10:41:24 provision of the code to review a site plan.
10:41:27 And an elevation.
10:41:29 It's just simply not there.
10:41:31 The A.R.C. only requires -- and that's a strict
10:41:34 code -- only requires elevations from right to left,
10:41:39 things that can be seen from the street. This goes
10:41:41 beyond that.
10:41:42 You are requiring a PD to go to an extraordinary level
10:41:44 that you don't even require in the historic district.
10:41:46 >>ROSE FERLITA: Let's see where we go with this but I
10:41:49 think Ms. Cole is nodding.

10:41:52 >>JULIA COLE: I would disagree with Mr. Michelini as
10:41:56 it relates to you can require during the public
10:41:58 hearing process.
10:41:59 You can request during the public hearing process but
10:42:01 if you have an applicant that gets up here and says I
10:42:03 am not going to provide that information for you, you
10:42:05 can't require that of him.
10:42:06 I think -- and I was involved in the process when this
10:42:10 first was going forward.
10:42:11 And of course Ms. Coyle isn't here and she's sick.
10:42:14 But my understanding is this particular provision came
10:42:18 after a lot of discussion at the request of council
10:42:22 for that type of information.
10:42:23 And I think the intent was to allow that information
10:42:25 to be brought forward to you so that you can make a
10:42:30 full decision.
10:42:31 Now, if you are more comfortable with a two-week
10:42:34 continuance so we can continue to have that
10:42:36 discussion, we can do that.
10:42:37 But I think ultimately it's a policy decision of
10:42:39 council as to whether or not you want to require that
10:42:41 information up front, or want to wait for the public

10:42:45 hearing process and make that request if you deem it's
10:42:48 necessary as part of the request in front of you. But
10:42:52 again I will advise you that you cannot require.
10:42:59 >>MARTIN SHELBY: I'm sorry, if I can follow with one
10:43:01 quick comment.
10:43:02 It probably goes without saying, but I can't go
10:43:04 without saying it -- (laughter) but you cannot also
10:43:09 use the failure to a bid by your request to provide
10:43:13 four-side for a basis for denial.
10:43:15 So you cannot say, well, I don't know what's going to
10:43:18 be on the site, it's denied, because you don't have --
10:43:22 won't have the site plans.
10:43:23 >>ROSE FERLITA: And the problem here is timing is
10:43:25 everything.
10:43:26 If we hadn't had that particular development come
10:43:28 before us last week the example that Mrs. Ms.
10:43:31 Saul-Sena used accurately wouldn't be so vivid.
10:43:34 But we don't want any kind of development to be a
10:43:38 surprise to anybody who lives close to it or abutting
10:43:41 it but I don't want to be the maker of an issue that
10:43:43 you causes more expense to a developer as we go
10:43:46 forward or some delay.

10:43:47 With all due respect to Mr. Wilson Stair, Mr. Stair, I
10:43:50 appreciate what you do and what you think and what you
10:43:52 stand for.
10:43:53 But I really think when would get a more accurate
10:43:55 dialogue to complete this and move forward with it or
10:43:59 not when Cathy Coyle gets back.
10:44:01 I don't know what the position of the rest of the
10:44:04 council is but I think a fair process would be think
10:44:07 about it and come back.
10:44:09 And your points are well taken.
10:44:10 I'm just trying to decide where I want to be on this
10:44:12 issue and having her come back.
10:44:18 >>LINDA SAUL-SENA: I'll support the two weeks delay
10:44:20 but I also want T.H.A.N., Tampa homeowner association
10:44:24 of neighborhoods to be notified of this coming back on
10:44:26 our agenda and I would like to set it for like 10:00
10:44:28 or something.
10:44:31 My motion would be to bring this back in two weeks at
10:44:34 10:00.
10:44:34 >>MARY ALVAREZ: Second.
10:44:37 >>LINDA SAUL-SENA: Actually, two weeks is the
10:44:40 19th.

10:44:43 I'm not going to be able to be here.
10:44:46 >>ROSE FERLITA: Mr. Michelini I would probably prefer
10:44:48 it be the 19th.
10:44:50 [ Laughter ]
10:44:50 >>LINDA SAUL-SENA: I want to make sure that T.H.A.N.
10:44:52 is notified.
10:44:53 >>STEVE MICHELINI: The 26th you have already
10:45:00 noticed it.
10:45:02 >>LINDA SAUL-SENA: I think a lot of concerns that come
10:45:04 to the neighborhood.
10:45:05 >>MARY ALVAREZ: That's fine, but I believe we need to
10:45:14 explore it.
10:45:17 >>MARTIN SHELBY: If I can for clarification.
10:45:19 I believe this is on for second reading, which is
10:45:22 normally set for 9:30 generally.
10:45:24 So if you want consistency, set it for 9:30.
10:45:27 >>LINDA SAUL-SENA: Okay.
10:45:29 >>STEVE MICHELINI: Are you going to make a motion that
10:45:32 we work with staff and come back?
10:45:36 >>LINDA SAUL-SENA: My motion is this come back before
10:45:38 us at 9:30 on November 2nd, and that everybody's
10:45:42 opinions be forwarded to council.

10:45:44 >>GWEN MILLER: We have a motion and second.
10:45:45 (Motion carried).
10:45:47 >>ROSE FERLITA: Mr. Michelini, reference your
10:45:49 suggestion, I don't think there's anything that
10:45:51 precludes him from having conversation with staff.
10:45:53 Whatever comes back for a better product, those what
10:45:56 we need.
10:45:57 >>GWEN MILLER: Is there anyone in the public that
10:45:59 wants to speak on item 51?
10:46:01 >> Move to close.
10:46:02 >>GWEN MILLER: Come on.
10:46:04 >>MARTIN SHELBY: Council, I'm sorry to interrupt.
10:46:09 Getting back to number 50 just so council is aware.
10:46:12 It is a nonquasi-judicial proceeding.
10:46:14 There is no prohibition against ex parte
10:46:17 communication.
10:46:17 It is a legislative matter.
10:46:19 Feel free to talk to as many people as you can.
10:46:22 >>MARY ALVAREZ: I feel so much better.
10:46:24 >>GWEN MILLER: Okay, Mr. Knott.
10:46:31 >>MOSES KNOTT, JR.: This is article 51, right?
10:46:34 I reside at 2902 East Ellicott street.

10:46:39 This article here consists of solid waste managing
10:46:46 storage.
10:46:47 Now I spoke one time on code.
10:46:51 I'm trying to protect my part of the town.
10:46:55 The poor people.
10:46:55 I live in the hood.
10:46:58 And we already -- I mean, way want to say, this here
10:47:04 is overkill.
10:47:08 And I use overkill when keep on doing something, keep
10:47:17 on killing them.
10:47:18 Now, this here thing, you all were talking about brand
10:47:25 new house.
10:47:26 You all speak about a brand new house.
10:47:29 But when you pass it in this part of town, the poor
10:47:33 people part of town, and we live just from the people
10:47:36 over there.
10:47:37 We don't have no brand new houses.
10:47:40 But have to move this thing back to where it cannot be
10:47:47 seen and have to have put in, that kind of stuff.
10:47:52 But when you all were talking about it before, one of
10:47:56 you up there, I don't know which one it was, you must
10:47:58 be educated on some things, you know, said, put it in

10:48:04 the garage.
10:48:05 Who in the world wants to dump a garbage can in the
10:48:08 garage?
10:48:09 I don't know who it was up there said that.
10:48:11 But somebody said it.
10:48:15 Then somebody said put it behind the house.
10:48:17 So if you got a 2 or $3, 000,000 house, who wants a
10:48:21 garbage can -- I mean, I know put it in the backyard.
10:48:27 But in my part of the town, though, those what I'm
10:48:30 speaking about.
10:48:32 We have nothing but small garbage cans.
10:48:35 Most of them don't have those big dumpsters.
10:48:38 And the wind will come blow it away or whatever.
10:48:41 But like me, because I'll be gone two or three days
10:48:46 because I got a part-time out of town John job, now,
10:48:50 and I don't be there when the Garr ban man come
10:48:52 around.
10:48:53 But this here is an overkill type thing.
10:48:57 Like I told you all, when that garbage man come over
10:49:00 to my part of town, they are going to notify the
10:49:05 police on us. That man going to write a ticket and
10:49:08 put it on the water bill.

10:49:09 Now we have already been murdered by garbage and water
10:49:11 bill.
10:49:12 Our poor people over there are suffering like a dog.
10:49:15 I been telling you for years about the garbage and the
10:49:17 water bill.
10:49:18 Now anything on a ticket goes on the water bill.
10:49:24 Thousands of people don't have water in their house on
10:49:26 account of these things happening.
10:49:28 But I don't know what you are going to do about these
10:49:30 things but I wish you all would have a little grace
10:49:32 and mercy on our poor peoples.
10:49:34 >>GWEN MILLER: Thank you.
10:49:36 Would anyone else like to speak?
10:49:38 Motion and second to close.
10:49:39 (Motion carried)
10:49:41 Ms. Alvarez, would you read that, please?
10:49:42 >>MARY ALVAREZ: Move an ordinance on second reading,
10:49:52 an ordinance of the city of Tampa, Florida making
10:49:55 revisions to chapter 27, zoning code, of the City of
10:49:57 Tampa code of ordinances amending section 27-132,
10:50:01 solid waste storage area, providing for repeal of all
10:50:06 ordinances in conflict, providing for severability,

10:50:09 providing an effective date.
10:50:10 >>GWEN MILLER: I have a motion and second.
10:50:11 Voice roll call.
10:50:17 >>THE CLERK: Motion carried, Saul-Sena absent.
10:50:29 >>JOHN DINGFELDER: Mr. Knott, I did wand to respond to
10:50:32 that garbage can in the garage.
10:50:33 It's not our idea.
10:50:35 Apparently with these town homes, this is where the
10:50:38 builders are choosing to put it because the town homes
10:50:41 are side by side.
10:50:42 They don't have any side yard to put the garbage cans.
10:50:45 So they are choosing to put it in the garage.
10:50:46 And I think that's what we are doing our best to work
10:50:49 with the development community in that regard.
10:50:51 Anyway, I just wanted to respond.
10:50:54 Thanks for noticing.
10:50:55 >>GWEN MILLER: Is there anyone in the public that
10:50:56 wants to speak on item 52?
10:50:59 >> Move to close.
10:51:00 >> Second.
10:51:00 (Motion carried).
10:51:01 >>JOHN DINGFELDER: I move the following ordinance upon

10:51:06 second reading, an ordinance of the city of Tampa,
10:51:08 Florida amending ordinance 2006-219 which amended the
10:51:11 comprehensive plan, future land use element, future
10:51:14 land use map, for property in the general vicinity of
10:51:17 I-75 and south of Bruce B. Downs Boulevard to correct
10:51:20 a reference to the former future land use designation
10:51:23 of suburban mixed use-6, providing for repeal of all
10:51:27 ordinances in conflict, providing for severability,
10:51:29 providing an effective date.
10:51:30 >>GWEN MILLER: Voice roll call.
10:51:39 >>THE CLERK: Motion carried, Saul-Sena absent.
10:51:44 >>GWEN MILLER: Is there anyone in the public that
10:51:45 wants to speak on 53 through 55?
10:51:48 Would you please stand and raise your right hand?
10:51:50 (Oath administered by Clerk).
10:52:04 >>GWEN MILLER: We need to open 53.
10:52:08 >>BARBARA LYNCH: Land Development Coordination.
10:52:10 I have been sworn.
10:52:14 And I will be using the overhead.
10:52:16 This is a vacating of a portion of 11th street
10:52:19 that's in the Channel District.
10:52:20 This is also associated with a rezoning, V 06-56 which

10:52:25 council had approved 9-28.
10:52:27 >>MARTIN SHELBY: Is that on first reading or second
10:52:30 reading?
10:52:31 >>BARBARA LYNCH: The rezoning?
10:52:33 They tried to have second reading.
10:52:37 >>MARTIN SHELBY: When you say council approved it --
10:52:40 >>> This is the petition they had first reading.
10:52:42 >>MARTIN SHELBY: But had not been adopted.
10:52:44 Thank you.
10:52:46 It's coming for second reading and adoption?
10:52:48 >>> The 19th, I believe.
10:52:50 >>MARTIN SHELBY: Thank you.
10:52:55 >>> The petitioner is vacating 11th street between
10:52:58 Meridian and 12th street.
10:53:00 Petitioner's property is in red.
10:53:03 The vacating area is in yellow.
10:53:05 This is Meridian.
10:53:06 This is 12th.
10:53:08 Between Whiting.
10:53:15 And Cumberland.
10:53:16 This is 11th street looking south to Cumberland
10:53:20 Avenue.

10:53:30 This is looking north.
10:53:36 Just a little more detail.
10:53:37 This is the portion of 11th street that is being
10:53:39 vacated.
10:53:43 Or being requested to be vacated.
10:53:45 Petitioner is going to be realigning the road.
10:53:49 And this is the portion that will be dedicated back
10:53:53 once the utilities and road is done.
10:54:00 Staff has no objection to this as long as utility
10:54:03 easements and transportation easements are reserved.
10:54:08 >>GWEN MILLER: Petitioner?
10:54:17 >>> I don't really have a presentation.
10:54:19 This is a quid pro quo.
10:54:22 It's good for the city.
10:54:22 We are lining up 11th street in the Channel
10:54:25 District.
10:54:25 It's a clean four-way intersection.
10:54:29 I would be happy to answer any other questions.
10:54:31 >>GWEN MILLER: Questions by council members?
10:54:33 Is there anyone in the public that wants to speak on
10:54:36 item 53?
10:54:37 >> Move to close.

10:54:38 >> Second.
10:54:38 (Motion carried).
10:54:39 >>KEVIN WHITE: Move an ordinance vacates clogs
10:54:45 discontinuing and abandoning certain right-of-way
10:54:47 vacating and rededicating of south 11th street
10:54:51 realignment and that portion of the ROW that is
10:54:56 approximately 300 feet north of Cumberland Avenue to
10:54:59 the intersection of Whiting Avenue, in interstate
10:55:03 investment company's platinum 4 a subdivision in the
10:55:07 city of it will Hillsborough County the same being
10:55:10 more fully described in section 2 hereof providing an
10:55:11 effective date.
10:55:12 >> Second.
10:55:12 (Motion Carried).
10:55:12 >>GWEN MILLER: Item 53.
10:55:14 They want to set a date for November 16 --
10:55:18 >>MARTIN SHELBY: Excuse me, what item?
10:55:20 >>GWEN MILLER: 54.
10:55:21 >> So moved.
10:55:22 >> Second.
10:55:22 (Motion carried).
10:55:29 >> Move to open 55.

10:55:57 >>MARTY BOYLE McDONALD: Land development.
10:56:00 This rezoning first came before you 9-14 at 6 p.m.
10:56:07 And council decided to go ahead and hear the case,
10:56:15 everyone though they had some technical issues to work
10:56:17 out.
10:56:20 If you want, I will refresh your memory on the case
10:56:23 going from IG to PDA and mixed use.
10:56:28 The property is located between Oregon and Rome, and
10:56:34 Cypress and Gray Street. The original staff report
10:56:42 had objections from transportation, landscaping, land
10:56:45 development, solid waste.
10:56:47 But the petitioner felt confident that they could meet
10:56:50 all objections and revise their site plan.
10:56:52 They have done that.
10:56:53 We have a site plan that has removed all objections.
10:56:57 I do believe there is a staff report in front of you
10:57:00 that was doc agendaed to you.
10:57:02 It does note there is still an objection from
10:57:04 transportation for the off-street parking.
10:57:06 They have removed that objection.
10:57:10 The petitioner added note number 19 in the general
10:57:13 note section to address their concerns about the

10:57:16 off-street parking.
10:57:20 Also, some of the items that council brought forward
10:57:24 that they wanted the petitioner to agree to were to
10:57:27 add some front porch or stoop type architectural
10:57:31 features.
10:57:32 If you look at the last page, you will see the
10:57:36 elevations where they articulated how they are
10:57:40 addressing that on the town homes.
10:57:43 And also, council directed the petitioner to remove
10:57:48 the on-street parking along Carmen street.
10:57:53 Mr. Lippo has a business there and he said he did have
10:57:59 an -- didn't have an objection to the project but he
10:58:02 did have a question with the on-street parking. he
10:58:07 didn't want to interfere with his business.
10:58:10 So number 13, they addressed those comments
10:58:15 specifically.
10:58:16 As far as the rest of our presentation -- question?
10:58:22 >>JOHN DINGFELDER: Thank you, Madam Chair.
10:58:25 I expressed some concern that night about the language
10:58:30 of the letter with the neighborhood, and how that was
10:58:34 going to be administered.
10:58:41 >>> That is separate, the rezoning.

10:58:42 >> Was at condition?
10:58:44 >>> It was not actually a condition of the rezoning.
10:58:46 It's something that the developer got with West Tampa
10:58:50 CDC and worked out.
10:58:52 It is not conditional.
10:58:54 There was in a conditional part of that.
10:58:57 I believe they will address some of those concerns.
10:59:01 I'll let petitioner handle that because it is not part
10:59:03 of the rezoning.
10:59:03 >>JOHN DINGFELDER: Staff and legal, we need to come up
10:59:07 with a policy, because now it's sort of a recurring
10:59:10 theme.
10:59:11 And I think it's a good recurring theme. The
10:59:13 developers want to work with the neighborhoods to try
10:59:16 to mitigate some of the impacts of the project.
10:59:22 And they want to help the neighborhoods.
10:59:23 But we have now run into this twice in two weeks about
10:59:28 how to affect these offers.
10:59:32 And I'm not criticizing anybody.
10:59:34 They are just sort of coming along, and we need to
10:59:37 comb up with a policy in a way to deal with these.
10:59:40 So that way when developers and neighborhoods work up

10:59:43 these agreements we have something to do with them so
10:59:46 that they are enforceable, and the city is a player.
10:59:51 >>> I know land development staff was concerned.
10:59:53 We didn't know about any of those agreements until
10:59:57 City Council because it was not part of the rezoning.
10:59:59 They didn't include us -- we didn't want it to be part
11:00:04 of the rezoning.
11:00:05 >>JOHN DINGFELDER: I can understand you didn't want it
11:00:07 to be part of the rezoning sort of at the last minute.
11:00:10 >>> I say last minute, they apparently worked on that
11:00:13 with the West Tampa -- I'll let the West Tampa people
11:00:17 speak to that, from us.
11:00:20 We did not know about it.
11:00:21 Cot not be a condition of the rezoning.
11:00:23 Or we weren't concerned.
11:00:27 >>JULIA COLE: Legal department.
11:00:28 I understand what you are saying, Mr. Dingfelder, and
11:00:30 that's something we can have memorialized.
11:00:34 A certain conversation, or certain things that are
11:00:36 being done.
11:00:39 We will need to be very cautious.
11:00:41 But I think given that it has come up a few times, and

11:00:46 come back with these recommendations.
11:00:50 >>> And I'm not thrilled with it.
11:00:51 And being private agreements.
11:00:54 I think that it should be up front.
11:00:58 It should be codified as a condition.
11:01:02 If the city should be involved and can be part of an
11:01:04 agreement, or side agreement or development agreement,
11:01:07 you know, with the city.
11:01:08 But those are things we can work out.
11:01:17 >>LINDA SAUL-SENA: Staff, before you leave.
11:01:20 You referenced some additional elevation.
11:01:22 And I have just been looking to the site plan.
11:01:26 It's not clear what is being done, where it's being
11:01:32 done in terms of what the depths are, what the
11:01:37 widths are.
11:01:39 So maybe the petitioner in his presentation can
11:01:41 address it.
11:01:42 And I need clarification. Brian Sykes representing
11:01:50 petitioner, 605 south Fremont Avenue, suite B, Tampa,
11:01:54 Florida 33606.
11:01:56 And I was sworn in.
11:01:59 We really did not come with a full presentation today

11:02:01 since we had done it before.
11:02:03 But I did want to talk about some of the changes that
11:02:05 were made from the prior site plan to today.
11:02:08 And the incorporation of council's suggestions as
11:02:10 well.
11:02:14 On the site plan itself there were several minor
11:02:16 changes made to address some technical issues that
11:02:19 arose at the last minute.
11:02:22 When the tree chart was revised after a staff visit on
11:02:25 the site, the tree chart has been revised to reflect
11:02:31 the current conditions, the agreed-upon conditions
11:02:34 with staff.
11:02:34 There were no further objections to the as there were
11:02:37 before.
11:02:37 The green space we are still asking a waiver for 7,908
11:02:43 square feet.
11:02:43 That did not change from the last time.
11:02:48 I would like to note that on the latest site plan that
11:02:50 you have before you, there is a note that we are
11:02:53 removing one tree at the city's request that is a
11:02:56 40-inch oak.
11:02:58 The reason it is being removed is the city has

11:03:01 determined it is indeed an important condition.
11:03:04 We were going to retain it.
11:03:06 We have been asked to remove it.
11:03:13 The elevations revised on the plans to accommodate
11:03:16 front porch.
11:03:16 In fact there's been a little more than revision to
11:03:19 incorporate porches.
11:03:24 You had a copy of the prior plan before you.
11:03:25 I think someone raised objections saying maybe the
11:03:28 town homes didn't fit the Tampa architectural style.
11:03:33 Some revisions were made to that.
11:03:53 You are actually going to walk through a little gated
11:03:56 area that has a front porch and front door.
11:03:57 We are keeping with the theme of changing the front
11:03:59 elevations to get some visual interest.
11:04:02 As you know, between the unit, and I think
11:04:06 incorporating more brick, incorporating front porches,
11:04:09 the gates and all.
11:04:11 It really does get an even better articulation of the
11:04:19 styling.
11:04:20 Randy, do you want to address the front porches?
11:04:24 Is there anything else you can add to what I have

11:04:26 said?
11:04:26 >>LINDA SAUL-SENA: What portion, if I may.
11:04:31 We are talking about these lots.
11:04:32 These townhouses are one block?
11:04:39 >>> Urban city planner.
11:04:47 >> It's difficult to say whether it's one block.
11:04:49 It's probably total of about one block.
11:04:51 The town homes are along Oregon.
11:04:58 There's one here.
11:04:59 Another one here.
11:05:00 Another small one here.
11:05:02 It's really just through this portion of Oregon.
11:05:07 >> I looked at the drawings.
11:05:08 They really look much improved.
11:05:10 I complicate you on that.
11:05:11 But what about the other seven blocks?
11:05:13 >>> We have done some additional changes to that as
11:05:15 well.
11:05:18 Randy, do you want to report on that?
11:05:20 >>LINDA SAUL-SENA: The town homes look much better,
11:05:29 much improved.
11:05:48 >> We did a little more detailed front elevation of

11:05:50 the condominiums that are going to be along.
11:06:03 Along 1th street, Cass Street, Carmen street,
11:06:07 these units here, again having the entrance facing
11:06:10 out.
11:06:10 We have got more porch area, to have to integrate the
11:06:15 public to the outside, so it's not just a blank wall.
11:06:20 Here's another example of a porch area.
11:06:25 And these again are all on the condominiums and not
11:06:27 the town homes.
11:06:34 And another view of a corner unit, will have a corner
11:06:38 porch.
11:06:39 >> What is the depth of that?
11:06:42 >>> 6 by 6.
11:06:43 And there are some portions that are a little smaller,
11:06:46 4 by 6s.
11:06:49 >> From the building the porch goes out?
11:06:50 >>> Goes in.
11:06:54 The it goes into out two feet on the ones on the
11:06:58 corner, the last one you are looking at, actually a 6
11:07:00 by 6.
11:07:20 6 feet wide.
11:07:23 The one that's up -- the majority of them are 6 feet

11:07:29 deep.
11:07:31 We tried to provide a little variety.
11:07:35 So they vary somewhat, 6 by 6, 4 by 6.
11:07:38 And
11:07:49 >> That's what percentage of the overall project?
11:07:51 >>> The condominiums are represented on what is block
11:07:53 B -- it would be these units here.
11:07:58 >> So that's 50%?
11:08:00 >>> Probably a little bit less.
11:08:03 40%.
11:08:04 35, 40% of the project, yes.
11:08:06 >> And what's the last?
11:08:08 >>> The remaining portion is the apartment project
11:08:11 which is here, which is in block A, which puts it at
11:08:15 the corner of Rome and cypress.
11:08:31 >>> They vary all the way down.
11:08:33 The condominiums, that also have a 6-foot.
11:08:49 >>LINDA SAUL-SENA: Do you have a picture of it?
11:08:52 >> Going back here is a corner.
11:08:56 This would be Rome and Cass.
11:09:00 Yes, this is the corner of Rome and Cass showing one
11:09:04 of the 6 by 6 deep portions right there on the corner.

11:09:08 Then the stoops coming along down the sides.
11:09:21 It's 4 feet by 6 feet in width.
11:09:24 4 feet in depth by 6 feet in depth.
11:09:40 The porch and the town home project.
11:09:42 >> That's only one eighth of the project.
11:09:45 >>> Exactly.
11:09:46 But it is covering this corner through here, and down
11:09:49 Oregon.
11:09:50 A lot of this is internal to the project, more or
11:09:52 less.
11:09:53 However, you know, again, one of the things we try to
11:09:57 do is having the front entrances go out to the Street
11:10:02 versus keeping everything internal.
11:10:09 The stoops are new.
11:10:12 >> Are those steps sort of side loaded steps?
11:10:16 >>> There's a variation actually.
11:10:18 In the apartment they actually have bearings around
11:10:20 all of those so they aren't stepping directly onto the
11:10:23 street.
11:10:23 >> What are we looking at here?
11:10:25 >>> The apartment.
11:10:27 You can see the base of that drawing.

11:10:28 And make it a little easier to look at.
11:10:33 But thank you.
11:10:43 The majority of them have the railing as round them.
11:10:54 They have to have the residential 24 inches off grade.
11:11:00 In some cases there's a grade change for residential
11:11:05 units.
11:11:08 >> Just a question.
11:11:11 Five story building?
11:11:14 >>> Four story except for the last part.
11:11:16 >> Are you going to have elevators in there?
11:11:18 >>> Yes.
11:11:19 >> How many?
11:11:21 >>> There are two per building.
11:11:23 >> Two per building.
11:11:24 And how wide?
11:11:27 How many residential units are you planning?
11:11:30 >>> There are about 54 town homes.
11:11:31 There are about 250 condominiums.
11:11:33 And 249 apartment units.
11:11:36 >> So in a block how many are you having in one block?
11:11:40 >>> In one block, the very first block of
11:11:42 condominiums, block A.

11:11:43 I have 161 units.
11:11:45 The next one they stepped out, 157.
11:11:52 >> So two elevators is going to handle that within the
11:11:55 whole block.
11:11:58 >>> Per building, yes.
11:11:59 Per building.
11:12:05 >> There's in a parking garages in this one, right?
11:12:11 >>> There are parking garages on the first block.
11:12:18 The actual units from all garages so you don't have a
11:12:22 lot of garage facing public right-of-way.
11:12:25 And we sort of approach the buffers for anything that
11:12:27 was exposed.
11:12:35 We have some garages there because we have done the
11:12:39 buffers and the green space.
11:12:40 We do have another garage on block B.
11:12:43 With the exception of one size.
11:12:45 We are trying to get these garages so some of that is
11:12:47 not facing another unit.
11:12:48 We are trying to -- again in the bottom, we have
11:12:53 another garage.
11:12:55 And then internal garage in block B so you have
11:12:59 nothing exposed.

11:13:02 >> And the elevators -- how many levels of parking?
11:13:06 >> It varies per block.
11:13:14 Two on block B.
11:13:15 Two on block C.
11:13:19 And block D.
11:13:21 >> Is there anyone in the public that wants to speak
11:13:24 on item number 55?
11:13:29 >>> One last quick comment.
11:13:32 We did reflect on note number 13 that all on-street
11:13:35 parking that is subject again to the review of the
11:13:38 transportation division shall be recessed on-street
11:13:40 parking.
11:13:41 We also noticed that there will be no on-street
11:13:44 parking on Carmen street adjacent to or near the
11:13:50 Martin lithograph business.
11:13:52 Number 19 note was revised to give the city attorney
11:13:54 the right of review, the cross-parking easement that
11:13:58 was suggested, I believe by Mr. Dingfelder.
11:14:00 And then finally, we did have an additional
11:14:03 neighborhood meeting to discuss with the neighbors the
11:14:06 final revised plan, again ask if there's any
11:14:11 additional concerns that we needed to address. The

11:14:13 concern was raised once again about the pest control
11:14:17 as part of the demolition process.
11:14:20 We have already gone out and requested proposals from
11:14:22 a suggested pest control company.
11:14:24 We are working with them.
11:14:25 We made a commitment to the neighborhood that before
11:14:27 we started any demolition the buildings would be
11:14:31 fumigated and control of pests as much as possible.
11:14:34 And last but not least, in meeting with the CDC
11:14:38 yesterday, Mr. Fisher and from Randolph, we revised
11:14:42 the conditions slightly to the community.
11:14:45 Both Mr. Randolph and Mr. Fisher came to us and said
11:14:48 they would like to see a program touch 50 lives within
11:14:52 the Tampa overlay district and they felt the $400,000
11:14:55 that was proposed was not sufficient to address 50
11:14:59 different individuals, affecting 50 different
11:15:02 individuals' lives.
11:15:03 So can we increase that commitment to $525,000.
11:15:09 It will be set up as a program within the CDC.
11:15:12 We are envisioning the program to be administered by
11:15:14 Fifth Third Bank or bank of their choosing to hold the
11:15:18 funds in trust the CDC will add programs for

11:15:25 assistance or own renovation and rehab assistance to
11:15:28 the homes and the bank will be distributing funds in
11:15:30 accordance with that.
11:15:31 So we did up the commitment from 400,000 to 525,000.
11:15:35 Mr. Randolph is here today. He may want to address
11:15:38 that as well.
11:15:42 >>MARY ALVAREZ: Is the city going to be involved in
11:15:44 the distribution of the funds other than the bank?
11:15:51 How is the department going to help the CDC in
11:15:54 administering these funds and so on?
11:15:58 >> I don't really have an answer to that because what
11:16:00 we have done is sort of left it up to the West Tampa
11:16:02 CDC to develop a program.
11:16:04 I know their board is going to be working on it.
11:16:08 Michael will be able to bet area dress it.
11:16:11 I am sure they are going to be involved in the City of
11:16:13 Tampa in some way shape or form.
11:16:15 They didn't want the program to get tied up with all
11:16:18 due respect in a lot of your office that would help
11:16:25 stop some of the individuals.
11:16:27 A couple of stories to it, people that have gone
11:16:29 through the city programs, that got the financial

11:16:32 assistance, have been qualified for the head of
11:16:34 assistance programs.
11:16:35 And then they fall 3,000, $5,000 short on the down
11:16:39 payment and they get -- fall through the crack.
11:16:43 And that's where we want this type of program to be
11:16:46 able to kick in and say, hey, this individual is
11:16:48 qualified for the down payment assistance but don't
11:16:51 quite have enough money to get the closing down,
11:16:53 here's the money.
11:16:54 >> I think the process is a little too long then maybe
11:16:58 we can address that here at council to make sure that
11:17:01 the process gets shortened, and then everyone is
11:17:06 happy.
11:17:08 And I believe the down payment assistance office will
11:17:11 come up with some good solutions to that.
11:17:16 >>> Sure.
11:17:16 And I believe Michael will address that a little
11:17:19 further.
11:17:19 I know there are going to be some meetings between
11:17:22 with the CDC.
11:17:23 There were some meetings with the city prior to our
11:17:25 meeting with Michael and Dr. Fisher.

11:17:29 I'm sure it will be an integrated program.
11:17:31 >> I want to thank for the commitment to them, very,
11:17:36 very gracious of you.
11:17:37 Thank you so much.
11:17:38 >>GWEN MILLER: We go to the audience portion.
11:17:58 >> Michael Cass, 1001 north Howard Avenue.
11:18:01 I have been sworn in.
11:18:02 First let me say that I unequivocally support this
11:18:06 project.
11:18:06 I think this is a wonderful project.
11:18:09 It's going to help with the blighted area.
11:18:10 It's going to help reestablish West Tampa's and
11:18:15 because of intense density going to allow for public
11:18:18 transportation.
11:18:18 That being said, I have to say that I am extremely
11:18:20 concerned over the money going into the West Tampa
11:18:24 CDC.
11:18:25 And it's always been City Council's policy that money
11:18:28 paid by a developer in relation to a project goes to
11:18:31 the city, and that the city controls it. This was
11:18:34 done on both the hospital project, and the project
11:18:37 that was done over at Kennedy and Westshore where

11:18:43 there was a large sum of money paid.
11:18:47 It would compel redevelopment that changed a couple
11:18:50 times.
11:18:53 It has always been the City Council policy that the
11:18:55 money will go to the city, and that the city would --
11:18:59 the in.
11:19:02 Would input for the intended purpose.
11:19:06 When the CDC initially came out against the project,
11:19:10 made some public comment, and then after payment was
11:19:13 made to them all of a sudden the this was the most
11:19:15 wonderful project they ever saw.
11:19:17 They never saw something so terrific.
11:19:20 It concerns me.
11:19:20 It looks like a shake-down operation.
11:19:26 In the West Tampa overlay, as you have to submit your
11:19:30 plans.
11:19:32 And I just think it's really inappropriate what's
11:19:34 going on.
11:19:35 You know, they say that now there's going to be no
11:19:39 city involvement in the project.
11:19:41 And that's why they want to make sure things move
11:19:45 smoothly.

11:19:45 When the city wants to make things move smoothly they
11:19:48 move smoothly.
11:19:49 I you guys usually take care of in the a pretty
11:19:53 efficient fashion.
11:19:54 I just think it's they don't want oversight.
11:19:59 I really believe -- to state it's not -- the
11:20:04 contribution on once this whole project started.
11:20:09 They even bring up the issues they are supposed to
11:20:11 look at for the overlay such as the porches and
11:20:13 everything else, and I think it looks much better also
11:20:19 but I'm very concerned about that.
11:20:21 You know, I also haven't been able to find out if the
11:20:24 audits have been done of the CDC like they are
11:20:27 supposed to be done for the urban league.
11:20:31 It's about the money they get.
11:20:32 I haven't heard anything about that.
11:20:34 You haven't heard what percentage the CDC is going to
11:20:37 take out.
11:20:37 I want to see 100% of this money going to the
11:20:40 community.
11:20:40 If the CDC won't committee to that -- commit to that.
11:20:47 I want to see 100% go to the poor people who really

11:20:50 need this money to help them get along.
11:20:52 And I want a commitment from the CDC.
11:21:00 How much they are going to take he would don't know.
11:21:02 Is this going to go to help them build the three homes
11:21:05 which last I heard only one of them had sold?
11:21:07 I don't know.
11:21:08 You know, it's that sort of oversight that's needed by
11:21:12 the city.
11:21:13 And I hope you really take the responsibility
11:21:15 seriously of putting this money exactly where it
11:21:17 belongs, which is in the city coffers, and make sure
11:21:20 it goes to the people who really need the help and
11:21:22 there are plenty of people who need the help.
11:21:24 That's all I have to say.
11:21:26 Thank you very much.
11:21:26 >>GWEN MILLER: Next.
11:21:29 Wait, Mr. White has a question.
11:21:30 >>KEVIN WHITE: I just want to make a comment.
11:21:33 I greatly appreciate your concerns.
11:21:35 This is a private development, and I think this is one
11:21:39 of the only developers that I have seen since I have
11:21:41 been up here, the developer that came up with a

11:21:45 million dollars, that wants to pay impact fees up
11:21:47 front. This is the only developer that I have seen
11:21:50 that has come up with a creative initiative
11:21:54 voluntarily, when this project first came to the
11:21:56 table, I don't ever remember hearing the West Tampa
11:22:00 CDC bringing up any opposition to the project, and
11:22:04 then all of a sudden, now that they are getting some
11:22:09 benefit for the community, now that they have gone and
11:22:12 changed their mind.
11:22:13 Now, their administrative costs in any operation, tax
11:22:19 dollars that are paid for the city and the county, are
11:22:22 paid to -- pay the administrative staff that runs the
11:22:25 city and the county.
11:22:26 Now, what percentage of that, I don't know.
11:22:29 I don't know what the CDC is planning for that.
11:22:31 But there are administrative costs in anything.
11:22:33 And I am sure they have probably worked that out with
11:22:36 the developer.
11:22:37 And if that is the case, I don't have a problem
11:22:42 knowing how much that is.
11:22:43 But by the same token, that is private money, with a
11:22:48 private developer.

11:22:51 And whether that portion of those books and things of
11:22:56 that nature -- I'm not that concerned with.
11:22:58 But I am concerned with what you did say, that the
11:23:02 portion of that money, or that money needs to go to
11:23:06 the poor people that it's designated to go to.
11:23:09 And I think this developer has come up with a unique
11:23:12 and novel idea.
11:23:14 And I think he's going to make sure that money is
11:23:17 going where it needs to go.
11:23:18 I don't know whether he's going to put it all up front
11:23:22 or whether it needs to be pro rata, as case by case.
11:23:25 But it's going to be administered as I heard through
11:23:30 Fifth Third Bank, and I think there's going to be some
11:23:35 oversight with them as well.
11:23:36 I want you to know that my concerns are your concerns.
11:23:39 But by the same token, this is a private developer
11:23:43 offering his own money to help the community.
11:23:47 And I think that ought to be commended.
11:23:49 And -- on that developer and or -- for them to oversee
11:24:04 and add mer their program.
11:24:07 >>> I want to make clear I have nothing against the
11:24:09 money.

11:24:10 I think it's a wonderful program that they are trying
11:24:11 to establish.
11:24:12 Just for clarification.
11:24:13 If you go back to the Tampa Trib, you will see quotes
11:24:16 before the first hearing where the CDC had
11:24:19 specifically said that they don't think they can
11:24:21 support this project unless there is affordable
11:24:24 housing component.
11:24:26 And there have been two other projects where private
11:24:30 developers have given money to offset different
11:24:32 things, whether it's the hospital or the other one.
11:24:34 And that money did all go into the city.
11:24:37 And then the city worked with the community groups.
11:24:41 If the city thought the CDC should run the program,
11:24:44 great.
11:24:45 But make sure there's proper oversight.
11:24:47 >>> And remember that the project is a feasible
11:24:50 project that's good for the community.
11:24:52 One organization, just using this example, the West
11:24:56 Tampa CDC, and then if we take what they would say
11:25:02 into part of our decision making, but one particular
11:25:05 organization or one particular individual or neighbor

11:25:10 does not a project make or break.
11:25:13 It's the feasibility of that project.
11:25:14 And how it's going to fit and be compatible with the
11:25:18 neighborhood.
11:25:20 And we have approved projects on this dais where
11:25:24 there's been several people in the community that have
11:25:28 been in opposition.
11:25:31 Just to give you --
11:25:34 >>> And on the Sykes program, 20,000.
11:25:41 >>KEVIN WHITE: I was just clarifying.
11:25:43 >>> That's what the community got.
11:25:44 >>MARY ALVAREZ: When I read one of the Tribune
11:25:54 stories, as I started looking into it my fears were
11:26:04 allayed somewhat.
11:26:05 CDC has oversight from the city, as now.
11:26:11 Whenever they have meetings, the mayor attends these
11:26:15 meetings like once a month.
11:26:17 There's a lot of oversight.
11:26:18 They have a great board.
11:26:21 They have gone through a lot.
11:26:22 And they take administrative causes because they
11:26:27 deserve them.

11:26:28 It takes money, and it takes costs to administer these
11:26:34 programs.
11:26:34 You can't expect them to do it for nothing because
11:26:36 they have nothing.
11:26:38 And so they have to make some money.
11:26:41 You know, I can't fault them for that.
11:26:43 And like likes said, this is money coming in and I
11:26:49 think it will help.
11:26:50 And I think with the city's oversight, there will be
11:26:53 plenty of people there looking over their shoulder to
11:26:55 make sure that these things are done well and right.
11:27:00 So please don't take this, you know, personal or
11:27:05 anything like that, because we are just as concerned
11:27:08 as you are.
11:27:09 But we see the trees before the forest.
11:27:14 And so -- or however you say it.
11:27:16 But, anyway, we like the project.
11:27:23 I think it's going to be great for the community.
11:27:24 The people have embraced it.
11:27:27 It's in the West Tampa overlay district.
11:27:30 So there's going to be the oversight on that, too.
11:27:33 And it's my district.

11:27:36 I think it's my district.
11:27:37 But some of the -- it's not my district, but believe
11:27:44 me, it's in my West Tampa area, and I will certainly
11:27:47 make sure that they are doing things right.
11:27:49 So I had the problem in the beginning.
11:27:52 But I feel very, very comfortable that it will be done
11:27:55 well.
11:28:05 >>JOHN DINGFELDER: I have to respectfully disagree
11:28:07 with my clients. This is way was getting at earlier
11:28:10 in the meeting talking with Ms. Cole.
11:28:12 This is becoming a trend with other projects.
11:28:15 Very well intended developers.
11:28:20 I'm sure a man of his honor.
11:28:21 I have no problem with the CDB.
11:28:26 But I think it sets a really dangerous precedent.
11:28:28 And the precedent is that this is a huge project.
11:28:33 It's probably a half billion dollar project or
11:28:35 whatever.
11:28:36 Okay?
11:28:37 They go into a neighborhood, and they say, you know
11:28:40 what?
11:28:41 We have got a huge project here, and we need to get

11:28:43 the community a little happier with that, so we are
11:28:46 going to make a very good faith effort to get that
11:28:48 community on board.
11:28:50 $500,000 is a wonderful gesture.
11:28:52 I respect him and I praise him for doing that.
11:28:56 He didn't have to do that.
11:28:57 I think his project would have flown anyway.
11:28:59 I think it's a great project.
11:29:01 But he's doing it because he's a good person.
11:29:03 That's all fine and good.
11:29:04 But I think that the side agreement that they are
11:29:06 proposing with the CDC needs to include specifically
11:29:10 in writing a city component.
11:29:13 And these include not just your assurances, Mary, or
11:29:17 Kevin's, or mine, but these include in writing the
11:29:20 fact that a city person, probably somebody in Cindy
11:29:23 Miller's staff, will be part of that process, in
11:29:28 writing, okay?
11:29:33 >>MARY ALVAREZ: She's here.
11:29:36 Janett.
11:29:37 >>JOHN DINGFELDER: And I love Janett.
11:29:41 But that sets a good precedent, if you put in the

11:29:43 writing, and says the city will have a representative
11:29:47 who participants, blah-blah-blah, whatever it is, I
11:29:49 don't care. But the city needs to be part of that,
11:29:51 because otherwise it's a dangerous precedent.
11:29:56 It creates an opportunity, or at least an appearance,
11:30:02 that neighborhoods and developers can go off and do
11:30:05 their own thing on the site without any city
11:30:07 involvement.
11:30:07 And this isn't just a private thing.
11:30:09 If it was a private thing we wouldn't be here
11:30:11 discussing it.
11:30:12 Okay, this is about protecting the city's interest as
11:30:15 a whole.
11:30:17 And I feel very strongly about it.
11:30:20 The city needs some component of oversite and it needs
11:30:23 to be in writing.
11:30:24 And that doesn't necessarily need to be part of the
11:30:27 development agreement or part of the plan today.
11:30:29 I'm okay with that.
11:30:30 As long as I know that that agreement between the CDC
11:30:35 and the developer has the city as a component, that
11:30:38 I'm comfortable in moving forward.

11:30:42 >>LINDA SAUL-SENA: It seems to me it's not just the
11:30:47 Cindy Miller's department.
11:30:52 >>DAVID SMITH: Good morning, David Smith, city
11:30:54 attorney.
11:30:54 Unfortunately I only caught parts of the conversation.
11:30:56 I have had other issues with code enforcement, the
11:30:59 usual source of things that come up.
11:31:02 Both Julia Cole and I are very concerned about
11:31:06 establishing a precedent here.
11:31:08 We certainly want to encourage our corporate citizens
11:31:10 to be philanthropic and contributing members to our
11:31:16 community.
11:31:17 Where we get concerned is when this appears to be
11:31:19 linked to a zoning approval that doesn't allow this as
11:31:24 part of its calculus.
11:31:26 >>MARY ALVAREZ: Thank you, Mr. Smith.
11:31:28 >>DAVID SMITH: So what we would rather do is you
11:31:31 evaluate the zoning on its terms.
11:31:33 I think this is a first reading.
11:31:36 Make whatever the appropriate decision is based on
11:31:39 those criteria, give us an opportunity to talk with
11:31:43 the administration about what processes can be

11:31:46 established, when someone chooses to be philanthropic
11:31:51 with that you are resources so those can be properly
11:31:54 used, and we can make it clear that these are not
11:31:57 linked to this council exercising its quasi-judicial
11:32:02 authority.
11:32:03 I know and you know that's not the reason you are
11:32:04 going to vote on this rezoning.
11:32:06 You are going vote on this rezoning based on a
11:32:08 criteria that you must apply but we need to be careful
11:32:10 about that linkage and that appearance of linkage
11:32:13 because it may have the unfortunate consequence of
11:32:17 encouraging other to seek contributions on sort of a
11:32:21 quid pro quo, and that's a very slippery slope.
11:32:24 So hopefully what I'm recommending, something we can
11:32:28 move forward with, you can decide the rezoning based
11:32:30 upon the criteria you should.
11:32:32 I'll talk with administration about what the
11:32:34 administration needs to do with regard to these kinds
11:32:38 of philanthropic gestures that are made and how we can
11:32:41 make sure that money that does come to the city in
11:32:43 such a fashion is used and is used effectively.
11:32:47 >> Is affordable housing part of our criteria?

11:32:51 >>DAVID SMITH: I am not familiar with this particular
11:32:53 rezoning but there is an affordable housing discussion
11:32:55 that's ongoing right now in the administration.
11:32:57 I know that because I saw some copies of it.
11:32:59 >>JOHN DINGFELDER: I guess this whole point of this
11:33:02 offer relates to affordable housing.
11:33:04 Affordable housing, I think, could be part of our
11:33:06 criteria in a PD.
11:33:09 >>> It could be.
11:33:10 It's just not currently.
11:33:11 I hear what you are saying.
11:33:12 That's why they are looking at affordable housing
11:33:15 issues.
11:33:15 >>LINDA SAUL-SENA: Right now as part of our West Tampa
11:33:18 overlay district affordable housing is identified as
11:33:20 one of the things we are looking for, like
11:33:22 compatibility as part of the component.
11:33:25 I think the underlying question -- excuse me -- I
11:33:28 think the underlying question -- Mr. Smith -- is if
11:33:33 affordable housing is part of the zoning
11:33:35 consideration, shouldn't the city have some oversight
11:33:43 to make sure how the whole thick is -- thing is

11:33:46 handled?
11:33:47 For example, in the Channel District, if you say we
11:33:49 have to create artist space, it's the city's role as
11:33:53 part of the zoning approval, to make sure that the
11:33:56 spaces are provided, or if we say certain units should
11:33:59 be available, you know, and that's part of the
11:34:03 rezoning, we should have oversight.
11:34:05 It seems to me that there is a linkage between our
11:34:08 zoning approval and the provision of the affordable
11:34:12 housing.
11:34:13 Therefore, we, as the monitors of the zoning, should
11:34:16 have a role in making sure how that's done, that it's
11:34:19 not an arms-length private sector thing, it's part of
11:34:22 our overall consideration, like make sure they have
11:34:26 front porches, because that's part of what Tampa's
11:34:28 character is.
11:34:29 Make sure that there is some street, sidewalk
11:34:34 interaction.
11:34:36 >>> And the normal way to address that with the
11:34:38 rezoning if it were legitimate ordinance action is
11:34:42 enter into a development agreement that would address
11:34:43 those ancillary impacts and ancillary mitigation

11:34:46 efforts.
11:34:47 I am not prepared to tell you today that we have that
11:34:49 basis in the code.
11:34:51 So do we have any additional information on that?
11:35:02 >>> Cindy Miller, director of growth management
11:35:04 services.
11:35:05 When this matter had come before council previously,
11:35:07 and there was discussion about the transaction or
11:35:11 establishment of a fund, I did have questions myself.
11:35:14 Based upon what I heard from Mr. Smith, when it comes
11:35:19 to consideration of this matter, what I had already
11:35:22 requested, that when put together a meeting with the
11:35:25 West Tampa CDC with Sharon west, manager of housing,
11:35:29 Janett Sutton with the developer, and I had already
11:35:32 explained, I have written a little note to do that in
11:35:34 the next couple of weeks, I was looking at that
11:35:36 separately from there rezoning consideration, and will
11:35:39 have to really rely upon legal from that standpoint.
11:35:43 But based upon that, I was looking at it from a
11:35:45 separate parallel track to see how it would be
11:35:48 handled.
11:35:48 But I'll leave it up to Mr. Smith as to whether it's

11:35:51 reconsidered from a legal standpoint.
11:35:55 >>ROSE FERLITA: Mr. Smith, I need your help or input
11:35:58 but I would like to raise a question.
11:36:01 Mr. White has a conflict and has to leave very, very
11:36:04 soon.
11:36:04 He so before we go forward, we have some other people
11:36:07 that need to speak on this item.
11:36:09 I want to go back to our discussion this morning on
11:36:11 item 27 in terms of the confirmation of the validity
11:36:16 of the importance of Malzone, and Mr. Curry, you and I
11:36:20 and Mr. Shelby spoke outside and the clerk was nice
11:36:23 enough to afford us some of the data, and --
11:36:31 >>: I'm sorry to interrupt.
11:36:33 >>LINDA SAUL-SENA: We put that on our agenda for next
11:36:35 week.
11:36:36 >>ROSE FERLITA: I'm sorry, Ms. Saul-Sena, that's why I
11:36:39 asked for a matter of privilege.
11:36:41 >>MARTIN SHELBY: It would be appropriate because of
11:36:42 what Ms. Ferlita raises, just to recess the public
11:36:47 hearing just very briefly to allow and have council
11:36:51 take a vote whether to re-take up that matter again.
11:36:57 >>GWEN MILLER: Motion and second.

11:36:58 (Motion carried).
11:36:59 >>MARTIN SHELBY: Did you want to request --
11:37:03 >>ROSE FERLITA: I want to make sure we separate the
11:37:05 two issues.
11:37:05 I don't have a problem with the rediscussion of the
11:37:07 ongoing discussion.
11:37:07 >>MARTIN SHELBY: What number on the agenda?
11:37:10 >>ROSE FERLITA: Item 27.
11:37:11 >>MARTIN SHELBY: Would you please make a motion to
11:37:15 retake up item 27?
11:37:18 >>ROSE FERLITA: I so move to retake up item 27.
11:37:22 >> Second.
11:37:23 (Motion Carried).
11:37:23 >>MARTIN SHELBY: I believe that was continued for one
11:37:26 week.
11:37:26 What is your request?
11:37:27 >>ROSE FERLITA: My request is we look at again the
11:37:29 need to confirm the validity.
11:37:32 I think they were validly appointed on August 11, '05
11:37:36 and I have the action agenda copy that confirms that.
11:37:39 That was something that was brat up for reappointment
11:37:41 for another term. The motion was made by Mr. White,

11:37:43 seconded by Ms. Alvarez and approved and we went
11:37:47 forward.
11:37:47 Mr. Smith, maybe if you can take over, I'll be happy
11:37:50 to give you this if you don't have your copy.
11:37:52 Do you need this to reconfirm our discussion?
11:37:54 >>DAVID SMITH: No, that's fine.
11:37:57 David Smith, city attorney.
11:37:58 I believe what councilwoman Ferlita is the idea that
11:38:01 we confirm these appointments so that there is no
11:38:04 ambiguity with respect to their position as validly
11:38:10 appointed Planning Commission members.
11:38:12 The issue that the council has with respect to the
11:38:14 process, and what may be done on a prospective basis,
11:38:19 is something that council should continue to take up,
11:38:21 but so that when don't have any confusion on behalf of
11:38:24 the Planning Commission itself, or any of the actions
11:38:27 that's previously been taken by these commissioners,
11:38:29 as Planning Commission members, we in fact confirm
11:38:33 whether it's a ministerial function which is
11:38:35 confirming the written resolution.
11:38:37 For some reason that I don't understand why, it got
11:38:40 dropped through the cracks.

11:38:41 And it really should have been brought up sooner.
11:38:43 It was written confirmation of the action taken, moved
11:38:47 by Mr. White and seconded by Ms. Alvarez.
11:38:52 I would recommend we confirm the appointments.
11:38:54 There's nothing problematic about it.
11:38:56 I don't know any of the -- don't want the Planning
11:38:59 Commission members or any of the constituents to think
11:39:03 there's anything improper about it.
11:39:04 You should consider that and establish processes that
11:39:07 are more comfortable to you but we would recommend you
11:39:11 approve the resolution as is.
11:39:12 >>ROSE FERLITA: Mr. Smith, just so we go through
11:39:15 procedurally and appropriately, do I need to rescind
11:39:17 the prior action in terms of talking about the process
11:39:20 as we go forward?
11:39:20 How do we get back?
11:39:22 >>DAVID SMITH: It would be helpful, I guess, to make a
11:39:25 motion to rescind that action and then make your
11:39:28 motion to approve the resolution as is.
11:39:30 >>MARY ALVAREZ: Who made the motion?
11:39:32 >>LINDA SAUL-SENA: I seconded the motion to put it off
11:39:35 for two weeks.

11:39:35 >>ROSE FERLITA: Mr. Harrison?
11:39:40 >>MARTIN SHELBY: you could just make a motion to
11:39:42 rescind the order.
11:39:43 >>ROSE FERLITA: Make a motion to rescind the motion.
11:39:48 >>MARY ALVAREZ: Second.
11:39:48 >>GWEN MILLER: Motion and second.
11:39:52 Discussion on the motion?
11:39:53 Mr. Harrison.
11:39:53 >>SHAWN HARRISON: We are rescinding the continuation.
11:39:56 >>GWEN MILLER: Right A.motion to rescind the
11:39:59 continuation.
11:39:59 (Motion carried).
11:40:06 >> Move the resolution.
11:40:07 >> Second.
11:40:07 >>SHAWN HARRISON: I already tried to explain to me a
11:40:10 bit in the back.
11:40:14 Mr. Curry was filling an interim position basically
11:40:16 for four months, and that's what we interviewed him
11:40:20 for.
11:40:21 Is that correct?
11:40:21 >>> That was in January, February of 2005.
11:40:25 That he filled that interim position. This was in

11:40:27 August of 2005 where both he and the woman
11:40:32 commissioner were appointed.
11:40:35 >> And did we go through the interview process, and we
11:40:38 took resumes and all that kind of stuff?
11:40:41 >>> As far as we can tell, there was certainly nothing
11:40:43 improper about the process.
11:40:45 I do not recall the exact interview process that
11:40:48 occurred.
11:40:48 >>ROSE FERLITA: Since I was the one looking at this
11:40:55 again, there may be a problem with what this council
11:40:57 thinks about the process.
11:40:58 But what I am trying to show based on 8-11-05 is we
11:41:03 can confirm the validity if we have a problem with the
11:41:05 process, that's fine, but the confirmation of their
11:41:08 appointment was valid and appropriate, and the proper
11:41:11 motion was made and seconded and passed.
11:41:14 So that's why I certainly agree with Mr. Harrison, as
11:41:16 we go forward next week, whenever they want to do it.
11:41:20 We need to maybe low again at the process.
11:41:22 But simply with regard to the process and not to
11:41:25 discuss it at that point, or part of that, whether or
11:41:28 not this confirmation is valid because in fact it was.

11:41:32 >>DAVID SMITH: The last thing I would say, that's the
11:41:34 primary point today, is that the processes applied at
11:41:39 that time, unfortunately we would recommend, and what
11:41:45 Mr. Shelby is going to do is come back with you at an
11:41:48 appropriate time period and take what I think he
11:41:51 suggested already but modify slightly for you council
11:41:55 process, that can use a much more rule-based process,
11:42:00 with formal procedures, et cetera.
11:42:02 But that is not what you have done previously.
11:42:05 So I just don't want to have any ambiguity with regard
11:42:07 to the validity of these appointments.
11:42:09 These appointments were consistent.
11:42:10 And we have what council had previously done.
11:42:15 What I hear is I think council wants to formalize that
11:42:18 process more.
11:42:19 And I think that's fine and appropriate.
11:42:21 But there were no written rules or gid lines
11:42:25 previously, is my understanding.
11:42:28 >> That may be.
11:42:28 But it's been my experience that whenever there was an
11:42:32 opening on the Planning Commission, we always
11:42:36 interview people.

11:42:37 And maybe we didn't do it in every single case and
11:42:40 clearly we didn't do it here but that was always my
11:42:42 belief.
11:42:42 That's how we did it.
11:42:48 >>> It may have been.
11:42:48 And the term opening literally means when somebody is
11:42:51 leaving as opposed to reappointing when someone is
11:42:54 previously vetted.
11:42:55 I don't know that.
11:42:56 But it could be that you have a different process when
11:42:58 you confirm an extension different than filling a
11:43:01 vacancy.
11:43:02 I'm simply indicating the logic of the situation.
11:43:04 I don't know what exactly transpired.
11:43:08 >>ROSE FERLITA: And on this transcription copy that I
11:43:10 have here, there was some discussion to that effect.
11:43:12 As a matter of fact, because of my relationship with
11:43:15 Ms. Curry, I could not make that motion.
11:43:21 And here it is again.
11:43:22 We are talking about appointment versus process.
11:43:24 Whether we like how we got to that motion and how we
11:43:27 passed that motion, seconded by Mrs. Alvarez, we did

11:43:32 it and I think we need to be very conscious of the
11:43:35 fact that we are talking about two different issues.
11:43:38 Whether we go forward.
11:43:39 Whether the process is one that Mr. Harrison does not
11:43:43 a professor does not think was comprehensive enough,
11:43:45 the motion was made.
11:43:49 >>> That's essentially my point.
11:43:50 The point is that council validly acted.
11:43:53 These are validly appointed officials.
11:43:56 I think Mr. Harrison's point is a -- I think he's
11:44:01 suggesting it goes to the process that needs to be
11:44:03 employed.
11:44:03 >>MARY ALVAREZ: Then we shouldn't have continued it.
11:44:05 >>ROSE FERLITA: we can continue our discussion about
11:44:07 process.
11:44:08 I think we have the motion on the floor.
11:44:10 >>GWEN MILLER: Ms. Saul-Sena?
11:44:14 >>ROSE FERLITA: Would somebody try to get Mr. White?
11:44:17 >>GWEN MILLER: The question on the motion.
11:44:21 A question to --
11:44:23 >>ROSE FERLITA: To move item number 27 under his
11:44:25 agenda.

11:44:25 >>: Motion to approve the resolution.
11:44:28 >>CHAIRMAN: Then we will call for the question.
11:44:29 >>LINDA SAUL-SENA: I will vote to approve this
11:44:32 resolution but I believe Mr. Harrison and I are
11:44:34 correct in that we had previously to this always
11:44:38 appointed on any appointments or reappointments and
11:44:41 gone through a very formal process of people applying,
11:44:43 even if they had already been serving, coming to speak
11:44:45 to council, and I look forward, Mr. Shelby, to you
11:44:49 codifying that so in the future there's no
11:44:51 conversation, there's no appointment to reappointments
11:44:54 made without a specific process.
11:44:56 And I also think as far as that process you need to
11:44:58 put in discussion of applicants' credentials.
11:45:03 I think that would be an improvement.
11:45:05 And review by staff on their background.
11:45:07 >>GWEN MILLER: I am going to call for the question.
11:45:09 (Motion carried)
11:45:11 Now we go back.
11:45:18 Alvarez.
11:45:23 >>GWEN MILLER: Reopen number 55.
11:45:25 >> Move to reopen.

11:45:26 >> Second.
11:45:26 (Motion carried).
11:45:27 >>GWEN MILLER: Mr. Randolph.
11:45:33 >>> My name is Michael Randolph.
11:45:35 For the record I have been sworn in.
11:45:37 I'm with the West Tampa CDC.
11:45:41 As it relates to the concern, as it relates to the
11:45:47 city, the city has been kind enough to allow the
11:45:51 neighborhood and developers to come up with exactly
11:45:54 what they planned.
11:45:55 And they fully intended to come in at that particular
11:45:59 point to coordinate the effort.
11:46:03 As a matter of fact, the way it's been set up now, to
11:46:07 provide moneys for folks who are seeking affordable
11:46:10 homes in West Tampa.
11:46:15 It will be city staff that comes, for example, to buy
11:46:17 a home for $170,000.
11:46:21 The city plans to give that person X number of dollars
11:46:27 the bank, but the person might still be short.
11:46:32 There would be something coming from the city as
11:46:34 another resource for that person to tie into those
11:46:36 dollars.

11:46:37 So as it relates to accountability, as to providing
11:46:45 dollars for gap money, in order to buy that house.
11:46:48 So the money is not going to anyone to buy a house
11:46:53 per se, that is the $160,000 to give to someone, but
11:46:58 we do plan to fully coordinate with the city.
11:47:01 And we see this as a resource for the city.
11:47:04 I'm sure a lot of city staff will tell awe lot of
11:47:09 times people come, they are able to get city money,
11:47:11 they are able to get money for the house.
11:47:18 The way we are working it out, and there has been some
11:47:21 general conversation as relates to the specific deal.
11:47:27 The city has always made it clear that they want to be
11:47:29 a partner in this deal.
11:47:31 They were grateful enough to say that the developer
11:47:33 and the community center, that's when the city comes
11:47:39 in to coordinate it to make sure that there is
11:47:41 oversight.
11:47:41 We believe in accountability.
11:47:44 We also believe in providing affordable homes for the
11:47:48 West Tampa area.
11:47:49 And the gentleman made a couple of allegations that
11:47:52 came up in reference to the West Tampa CDC.

11:47:56 And I think if anyone that knows anything about the
11:48:01 West Tampa CDC we are about affordable homes so
11:48:04 naturally we are going to coordinate with those folks
11:48:07 and the component of that process made for affordable
11:48:13 homes.
11:48:19 Ms. McLean and Dr. Fish worry like to be here but they
11:48:24 had prior commitments.
11:48:26 The dollars that are coming in, and going into -- I'm
11:48:35 sorry -- that will be the overseer for the dollars.
11:48:38 The only thing the CDC will play is once we get
11:48:43 something from the city saying eligible for all
11:48:47 reasons she needs that gap money in order to make this
11:48:49 deal work.
11:48:52 The CDC will become involved to approve that money for
11:48:57 that person in order to buy that house.
11:49:00 The other thing that's coming out of this project in
11:49:02 addition to the affordable -- for the neighborhood
11:49:09 jobs will also be riding.
11:49:12 We had conversations with the developers for jobs.
11:49:18 Small businesses also will benefit.
11:49:20 They have also agreed to look into city neighborhoods,
11:49:22 to look at the local economy and see if they can

11:49:25 possibly throw some business to the local
11:49:27 neighborhoods.
11:49:28 As a matter of fact, that's one business in West Tampa
11:49:31 who is already benefitting from this project right
11:49:32 here.
11:49:37 Again we have always tried to be aboveboard when it
11:49:39 comes to any deal related to the West Tampa community.
11:49:43 We think we have won the confidence of the
11:49:47 neighborhoods and we they know we speak on their
11:49:50 behalf.
11:49:50 Not everybody is going to be happy with us.
11:49:54 There will be differing opinions and we respect that.
11:49:58 But nevertheless, we are always aboveboard.
11:50:01 And don't have any problem as relates to
11:50:05 accountability.
11:50:06 We have been around for quite awhile.
11:50:08 And plan to be around for even longer.
11:50:14 It is a win-win situation.
11:50:17 And should be accountable.
11:50:19 If it's a win-win situation for West Tampa, it's a
11:50:22 win-win for Tampa as a whole.
11:50:26 >>MARY ALVAREZ: Mr. Randolph, I think you have made it

11:50:28 pretty enclosure on how this is going to work.
11:50:30 One question I have for you.
11:50:32 Are you going to have a written agreement with Mr.
11:50:35 Moran as to the money?
11:50:38 I'm sure there's going to be a written agreement
11:50:40 between attorneys.
11:50:42 You don't just turn over $525,000 and not have an
11:50:46 agreement.
11:50:47 >>> Yes, ma'am.
11:50:47 Councilwoman Alvarez, you are 100% correct.
11:50:50 As you know, we do have a an attorney that represents
11:50:56 the CDC and that attorney will be engaged as to
11:50:59 writing a document to make sure that everybody says
11:51:02 what they are going to do.
11:51:03 So, yes, we fully intend to have a legal binding
11:51:06 commitment between the CDC, between the community, and
11:51:09 between the developer as well.
11:51:15 >> And I don't want to you belabor this point.
11:51:18 But the thing is, if a person wants to come and give
11:51:21 money in a good faith agreement, is it's not up to us
11:51:27 to say we are going to do this or do that.
11:51:30 I just think that scares people away.

11:51:32 John, you respectfully disagree with me.
11:51:35 I respectfully disagree with you.
11:51:38 I think these things are private projects between the
11:51:43 parties involved, and I can't believe anybody is going
11:51:45 to do anything without legal representation.
11:51:48 It's just ludicrous.
11:51:50 But thank you, Mr. Randolph, for coming up and
11:51:52 explaining it to us.
11:51:53 >>> One quick comment, I take my hats off to Ms.
11:51:58 Miller.
11:52:01 She shows the respect that wants once the city and
11:52:07 developer has made the dole then the city will engage
11:52:09 itself in terms of coordination, as well as
11:52:12 accountability.
11:52:13 And you know, Ms. Miller, she's going to make sure the
11:52:18 dots are -- Is are dotted and the Is crossed, and
11:52:26 before the city engaged itself in terms of taking the
11:52:29 next step.
11:52:29 >>LINDA SAUL-SENA: Mr. Randolph, what percentage of
11:52:33 administrative fees are you planning on taking out of
11:52:35 the 500,000?
11:52:37 >>> We have not even gotten to that point yet.

11:52:40 >> I think that's important.
11:52:43 Thank you.
11:52:44 >>> We are hoping if there is an agreement as related
11:52:46 to administrative costs, as relates to that project,
11:52:49 that that will be -- the 500,000 goes to people in
11:52:59 West Tampa to get an affordable home.
11:53:04 >> I see that Mrs. Miller is here and Mr. Smith is
11:53:07 here.
11:53:07 It seems to me one of the things we do with city money
11:53:10 is pay people to oversee housing programs, affordable
11:53:16 housing, loan programs, and this is something that I
11:53:19 think would be really -- I really want your input,
11:53:23 because this isn't my -- I think that's a really
11:53:28 important part of the thought process.
11:53:30 >>DAVID SMITH: City attorney.
11:53:32 As I hear Mr. Randolph speak, I get a lot more
11:53:35 information with respect to what has transpired.
11:53:37 This has been essentially a negotiation between two
11:53:39 private entities to do something that's also a
11:53:43 quasi-public act, and that is try to encourage local
11:53:46 housing.
11:53:46 The city was not at the table yet.

11:53:48 As Mr. Randolph explained, these because they were
11:53:50 going through their part of the negotiation.
11:53:52 This can be done one of two ways.
11:53:56 The first way is obviously they can have a private
11:53:58 agreement between the CDC and the developer to engage
11:54:01 in activities that are beneficial to the community
11:54:04 which has nothing to do with the rezoning F.our code
11:54:08 allows us to enter into development agreements with
11:54:11 respect to affordable housing, whether it's
11:54:13 administered through the CDC or whomever then we have
11:54:17 the possibility of having a development agreement for
11:54:19 implementing these kinds of processes.
11:54:21 I cannot tell you today that our code currently allows
11:54:26 that.
11:54:26 Way recommend you do, because this may proceed
11:54:28 privately, between the applicant and the CDC, look at
11:54:32 the rezoning on its merits, make the termination at
11:54:37 the first reading, we will come back to you at the
11:54:39 second reading in two weeks, tell what you the maximum
11:54:42 city involvement will be and in the interim have some
11:54:44 discussion was the CDC and with the applicant to see
11:54:47 what way the city can facilitate this process.

11:54:53 Given the context and the timing, that would be my
11:54:55 recommendation.
11:54:57 >>MARTIN SHELBY: I just want to follow up with what
11:55:03 Mr. Smith has to say.
11:55:04 With regard to your determination as to the merits of
11:55:09 what's before you today, this side agreement which is
11:55:11 presently being discussed between two private parties
11:55:16 is absolutely irrelevant to your evaluation of the
11:55:19 criteria before you today.
11:55:22 If for some reason you approve this project, it has to
11:55:26 be with no expectation of this side agreement, and if
11:55:30 that side agreement does not come to fruition, you
11:55:33 cannot base any action upon the fact that there is no
11:55:37 agreement presently.
11:55:39 So what I'm saying to you is, if you wish to go
11:55:42 forward, that you do it without evaluation of that
11:55:48 side agreement whatsoever, and do it on the basis of
11:55:51 the merits of the project as it's proposed before you
11:55:54 with the criteria upon which you have to apply the
11:55:59 code.
11:56:00 >>CHAIRMAN: Mr. Dingfelder?
11:56:02 >>JOHN DINGFELDER: Yeah, whatever.

11:56:06 Mr. Randolph, I have two questions for you.
11:56:14 Do you as representative of CDC have any problem with
11:56:17 the city, at some future date, being part of the
11:56:21 tri-party agreement between yourselves, the developer,
11:56:25 and the city to administer and participate in that?
11:56:30 And that agreement just like all other agreements that
11:56:32 city is involved with would come back to this City
11:56:34 Council.
11:56:35 Would you have a problem with that?
11:56:38 >>> We have always enjoyed a partnership with the
11:56:40 city.
11:56:40 >> So you don't have a problem with that.
11:56:42 >>> We don't have a problem with that.
11:56:43 We have always enjoyed a partnership with the city.
11:56:46 And that doesn't mean we still don't have a
11:56:49 partnership with the city because two entities got
11:56:53 together, and that the city will come in and
11:56:55 coordinate it.
11:56:56 >> And I think there are several of us that would feel
11:56:58 more comfortable with the thing moving along in that
11:57:01 direction.
11:57:05 Let me get my second question, otherwise I never get

11:57:08 the floor back.
11:57:09 Okay.
11:57:09 My second question, Mr. Randolph -- and I ask this
11:57:12 question at the first, first public hearing, was I
11:57:18 don't hear that this is a revolving loan fund as
11:57:22 opposed to -- it sounds to me like it's more of a
11:57:26 grant, a one-time grant.
11:57:27 And I expressed a problem with that.
11:57:30 Because I think if you have a revolving loan fund I
11:57:33 think you accomplish the same positive benefit as a
11:57:36 grant.
11:57:37 But at the end of the day, it perpetuates itself and
11:57:40 can continue on in the future.
11:57:42 Because one of your neighbors might pull up $20,000 to
11:57:48 fix the roof or whatever.
11:57:51 Then 15 years later they might pass away, the family
11:57:54 sells the house.
11:57:55 Then that $15,000 could come back in the resolving
11:57:59 loan fund and another family could have that
11:58:01 opportunity and cot perpetuate.
11:58:04 And we don't have to resolve it today.
11:58:06 But again I would encourage all three parties to make

11:58:10 it a revolving fund as a loan fund as opposed to a
11:58:14 grant fund.
11:58:16 >>> For the record, I did express that I will take
11:58:17 that back, and in fact I took it back to those
11:58:21 neighborhood groups that were part of this negotiation
11:58:24 process, and they sort of wanted to keep it as a
11:58:27 grant.
11:58:29 Not that the loan thing is off the table.
11:58:31 But we can try to be consistent of --
11:58:36 >>JOHN DINGFELDER: If they understand that the -- they
11:58:40 didn't have to pay back until some transfer of the
11:58:42 property?
11:58:44 >>> Yes, sir, they understood.
11:58:46 The city loan program where you don't pay back until
11:58:48 the -- what they did express a concern, this is all of
11:58:53 the neighborhood groups that they did want to see as
11:58:57 the grant program and, and they make the decision, and
11:59:05 like anybody else who represents them.
11:59:25 >>> Cindy Miller, growth management services.
11:59:29 I want to clarify a couple of points.
11:59:31 And Land Development Coordination as well as the
11:59:35 housing community development division.

11:59:38 Right now, with being talked about is a private
11:59:41 agreement between two private entities or probably
11:59:44 third when you consider the bank.
11:59:46 At this point, although I fully thank you for your
11:59:51 confidence as well as Mr. Randolph's confidence in my
11:59:56 staff and our abilities to help to coordinate a
11:59:59 program, I am not ready today to make the commitment
12:00:02 of city personnel or city resources to coordinate a
12:00:05 program that is right now in agreement between private
12:00:09 entities.
12:00:10 So I would please request that you give us the time to
12:00:14 be able to gather more information, because at this
12:00:17 point I have heard that city's coordination may be
12:00:22 requested.
12:00:22 At this point I do not know that it's appropriate, I
12:00:25 do not know if that is something that works from a
12:00:27 co-standpoint, nor from our own employment resources
12:00:31 standpoint.
12:00:32 So I would like some more time to come back to you in
12:00:34 the future on that, and would ask that you not
12:00:36 consider it as part of your contemplation today.
12:00:39 >>ROSE FERLITA: Mr. Smith and Mr. Shelby, stop me if I

12:00:43 am going in the wrong direction.
12:00:44 Mr. Smith, I hear you loud and clear about this not
12:00:46 being pertinent in terms of -- as we look forward to
12:00:51 what the presenter is giving, whether or not we are
12:00:53 going to support this project or not.
12:00:55 Not be part of the merits of this case.
12:00:57 Okay, that's fine.
12:01:00 Although I disagree with some of the comments that
12:01:02 have been made, lack of funds, developers offers to
12:01:06 neighborhoods, on and on.
12:01:07 That's fine, I don't need to belabor that point.
12:01:10 If we take this component out, and we look at the
12:01:13 project that the petitioner is offering, then we
12:01:17 should just look at that as it is, whatever happens
12:01:20 with the 500,000, and however we figure out or don't
12:01:23 figure it out or whether or not they take back that
12:01:26 offer or not, it's separate.
12:01:27 But when we started talking about this issue, we had
12:01:31 seven council members.
12:01:32 Now we have six council members who have to look at
12:01:35 the merits of what they are asking us to approve,
12:01:38 absent what he's trying to negotiate with them or them

12:01:41 with him.
12:01:42 So, gentlemen, I'm not thinking for you or talking for
12:01:46 you or making decisions for you.
12:01:48 Since we are looking at their project, and they want
12:01:52 our support obviously, do they have the right to
12:01:54 determine if we want to do that part of this, up or
12:01:57 down today, or because Mr. White is gone, do they have
12:02:01 the right to decide whether or not that would have
12:02:02 been in their favor or not in their favor?
12:02:04 What do they have the option to do?
12:02:06 And I'm laying it back to you.
12:02:09 If you are all right with going forward I think this
12:02:12 council can do it.
12:02:13 But you are ending up differently than where we
12:02:15 started.
12:02:16 I want to put that thought in your mind and go from
12:02:18 there.
12:02:18 Let me further tell you that I agree.
12:02:20 It's always -- we should be cautious when something
12:02:24 has the perception of something that's not
12:02:26 appropriate.
12:02:26 And I'm not saying that this is the case.

12:02:29 But, at the same time, the conditions have changed.
12:02:35 Give me --
12:02:37 >>> Two things.
12:02:38 Unlike the county we do not have a provision that as a
12:02:42 matter of right, if we have less than a full board, he
12:02:46 can did Q that.
12:02:47 Secondly, I want to make it clear, and I know no one
12:02:50 intends this, the suggestion that the CDC or applicant
12:02:55 is inappropriate.
12:02:56 It is outside the criteria of the rezoning
12:02:58 application.
12:03:00 In case someone is watching.
12:03:05 So that having been said, I think what you are hearing
12:03:07 is the city does not currently have a process that
12:03:11 will allow Ms. Miller to intervene and serve in the
12:03:15 capacity that council is seeking.
12:03:18 That initiative with regard to affordable housing and
12:03:21 managing our ordinance that will be an affordable
12:03:25 housing will be things you as a body can determine in
12:03:29 the future.
12:03:30 We are back to where we are and that is you need to
12:03:34 consider this application the way it is and the

12:03:35 applicant can determine whether he thinks he needs a
12:03:37 continuance.
12:03:38 >>ROSE FERLITA: Give that option on the record.
12:03:40 Thanks, Mr. Smith.
12:03:42 >>SHAWN HARRISON: I'll wait till the end.
12:03:44 >>GWEN MILLER: Next speaker.
12:03:48 >>> It is.
12:03:49 >>LINDA SAUL-SENA: It is an hour and it's my
12:03:52 understanding we are supposed to have a vote on
12:03:53 whether to stop or go.
12:03:55 >>MARTIN SHELBY: You do raise a point of order that is
12:03:57 correct.
12:03:58 >>GWEN MILLER: I think we need to go ahead.
12:04:00 >>MARY ALVAREZ: Move to continue.
12:04:05 >>CHAIRMAN: They are only ten minutes.
12:04:06 >>SHAWN HARRISON: I agree, let's go to 12:30 and if we
12:04:09 are not done by then we can break, I guess.
12:04:12 >> Second.
12:04:12 >>GWEN MILLER: Motion and second to continue till
12:04:15 12:30.
12:04:24 >>> I would like to read a prepared statement.
12:04:26 I am hear to represent --

12:04:33 >>ROSE FERLITA: you can only have one minute.
12:04:38 Mr. Shelby?
12:04:51 >> More than 36 residents.
12:04:53 For some reason, our community, which is one to three
12:04:57 blocks of this project were manipulated out of
12:05:02 discussions regarding this project, not because of the
12:05:04 developer but because of internal community politics
12:05:08 and even conflict of interest.
12:05:15 We had a meeting on another project in our community.
12:05:17 But basically, I just want to tell you that residents
12:05:20 that live in the second, third and fourth and fifth
12:05:23 edition, which are one to three blocks west of this
12:05:29 project, want to see development in the area.
12:05:32 However, they are opposed to high density and
12:05:46 necessity feel their views have not been heard with
12:05:48 regard to this project.
12:05:49 They live one to three blocks of this project.
12:05:52 Many of the people who appeared here supporting the
12:05:54 project don't live that close to the project.
12:05:56 We realize the City of Tampa needs to increase its tax
12:05:59 base.
12:06:00 But we don't want our community to will like Hyde Park

12:06:02 between Florida and Kennedy Boulevard.
12:06:04 You mentioned eight blocks here.
12:06:07 I counted six.
12:06:08 And I don't know where the other two are.
12:06:10 But it's tantamount to building 528 units on 30 acres,
12:06:14 or building more than 100 houses on one block on
12:06:22 12.5-foot lots.
12:06:24 That's a lot of density.
12:06:25 Right now during rain downpours there's flooding at
12:06:30 Fremont and Trask, Rome Avenue between Carmen and
12:06:35 Kennedy, and THENA and Carmen.
12:06:40 Armenia Avenue has been closed during downpours and
12:06:43 some of these intersections are sites of frequent car
12:06:47 accidents as well.
12:06:47 This project will add more than 600 to 1500 cars
12:06:52 within that eight-block area, adding already to the
12:06:57 traffic problems at Cass Street and Howard, Cass
12:06:59 Street and Rome, cypress and Rome, gray street and
12:07:02 Howard Avenue and Rome Avenue and Kennedy Boulevard.
12:07:05 We applaud them for donating the 500,000 to the West
12:07:09 Tampa community development association to affordable
12:07:11 housing.

12:07:12 We feel a lot better if the money were spent to put
12:07:16 people in housing in this project.
12:07:19 It sounds like we support affordable housing but not
12:07:22 in this project.
12:07:23 And so we appreciate that they are going to do this.
12:07:28 But it's not going to help very many families who need
12:07:31 affordable housing.
12:07:34 So we haven't heard whether or not the apartments or
12:07:39 townhouses have been designated as affordable by
12:07:42 developers.
12:07:43 Our residents care just as much about the future of
12:07:46 our community as residents in other areas, mainly
12:07:48 beach park and Palma Ceia.
12:07:50 There are a number of senior citizens and elderly
12:07:52 people in that area who were told only 200 some units
12:07:56 in that project and in that meeting on the 14th I
12:07:59 trade to tell them that was a lie but they insisted it
12:08:02 was only 200 and some projects.
12:08:05 Concerning about the rising property values and their
12:08:07 ability to pay the taxes, some mentioned that taxes
12:08:12 have been less than $100 annually over the past two
12:08:15 years.

12:08:15 They encourage you not to approve the project for this
12:08:21 high density, and also request the drainage problems
12:08:25 are resolved prior to the project being completed, and
12:08:27 that at least 5 to 10% of the apartments and housing
12:08:31 units in this project be designated as affordable.
12:08:34 And we thank you for listening to our comments.
12:08:36 >>GWEN MILLER: Thank you.
12:08:37 Next.
12:08:55 >>LINDA SAUL-SENA: We know that the West Tampa overlay
12:08:58 encourages a pedestrian access.
12:09:01 Have you had an opportunity to review the plan,
12:09:05 specifically to block elevations, and are you
12:09:10 satisfied that there is access to the street?
12:09:12 It appears that there's not, from just me looking at
12:09:16 it.
12:09:17 Have you reviewed all of this?
12:09:19 >>> Wilson Stair, urban design manager.
12:09:21 I have been sworn.
12:09:26 We have looked at the majority aspects of the project.
12:09:31 The recent addition, I haven't personally seen.
12:09:37 And my staff person that reviewed the project, jury
12:09:41 duty today.

12:09:43 So the answer to your question, I have not seen that
12:09:46 specific elevation.
12:09:50 In sight.
12:09:52 >> What I would like to do, if we are going to
12:09:54 continue this or have first reading, I really depend
12:09:57 on your professional review of the elevations.
12:10:00 And I would like a written response to the elevations
12:10:06 that are submitted prior to our second hearing.
12:10:09 But frankly, I wish I haded it prayer to this meeting.
12:10:13 >>SHAWN HARRISON: Yes.
12:10:16 >>GWEN MILLER: Mr. Knott?
12:10:17 >>MOSES KNOTT, JR.: I reside at 2902 East Ellicott
12:10:24 street.
12:10:26 And you know when I was sitting back in the back I
12:10:31 wasn't going to say nothing but when he showed
12:10:33 pictures up there, and I know that area.
12:10:36 I was there when I was a young boy in the area.
12:10:40 A bunch of old eligible people.
12:10:43 And I say how in the world are you going to build
12:10:47 something that big?
12:10:48 What's going to happen to the rest of the people?
12:10:51 Like I said for years and years and years.

12:10:55 I don't have nothing against you building these big
12:10:57 things as long as you pay the people that are there
12:10:59 and close by.
12:11:01 Give them enough money where they can go get them
12:11:03 affordable housing.
12:11:05 And then that affordable housing, ain't no such thing
12:11:09 as affordable housing.
12:11:11 When they come in here, and -- I hate to say this, but
12:11:17 set this black man up here and say going to give
12:11:20 everybody $500,000, on the table.
12:11:24 $500,000?
12:11:26 What can you do with $500,000?
12:11:37 What I'm saying, though, making poor peoples.
12:11:45 And everybody speaking in favor of that thing, and
12:11:49 this man come in with his $500,000 and try to sweeten
12:11:53 the deal.
12:11:54 I ain't got nothing to do with this thing.
12:11:56 But that's all I wanted to say.
12:12:00 The affordable housing, every time you go in the
12:12:04 neighborhood you got nothing but poor peoples there.
12:12:07 And every last one of them, 5% of them got good
12:12:12 credit.

12:12:12 Now you can't get a dime from this here CDC or the
12:12:16 bank or in where unless you got A-1 credit.
12:12:19 And that is the truth.
12:12:21 I been saying for years and years and years, and I
12:12:27 don't believe the affordable housing is -- says you
12:12:31 got to make $17 an hour just to live in an average
12:12:35 house.
12:12:36 And that's the only way.
12:12:37 But I would say, though, having the nerve to come in
12:12:44 here with 500,000 and all these people there now, you
12:12:47 know.
12:12:49 >>GWEN MILLER: Would anyone else like to speak?
12:12:52 Petitioner, do you want a rebuttal?
12:13:01 >>> Brian Sykes for petitioner in response.
12:13:04 I am going to address things and kind of start in
12:13:06 reverse order.
12:13:07 On the affordable housing issue, the project, it's a
12:13:12 double edge sword.
12:13:13 In order to do the project, the developer had to
12:13:16 accumulate enough land to make an impact. If we came
12:13:19 in and had a small corner of a small block and think
12:13:21 we are going to impact this area by starting the

12:13:23 redevelopment right here, it wouldn't happen.
12:13:25 You need to effect redevelopment over a large area.
12:13:29 There's studies that show 10 acres or more are
12:13:31 required to have any kind of effect on a community for
12:13:33 redevelopment.
12:13:34 That's where we started out larger.
12:13:36 But to accumulate that large land, the land costs are
12:13:40 exorbitant.
12:13:41 It is not feasible to do affordable housing in this
12:13:44 project as a density level that's proposed.
12:13:47 If we increase density significantly, it could be
12:13:50 done.
12:13:51 But it's all a factor of economics. That's where the
12:13:53 program came in, in discussing with Mr. Randolph and
12:13:56 the West Tampa CDC of how could we help additional
12:14:00 people in the area?
12:14:01 And that's where the private agreement came about.
12:14:03 Let me back up to a couple other issues.
12:14:06 I do apologize if this lady and her husband were not
12:14:09 invited to the meetings.
12:14:11 There was nothing on our end.
12:14:12 We noticed the people that we were required to notice

12:14:15 for all of our meetings.
12:14:16 We worked with wet Tampa CDC who works very closely
12:14:20 with the neighborhood leaders.
12:14:21 I don't know why they weren't involved.
12:14:23 But we tried to involve everyone that we could.
12:14:25 We thought they had 10 to 15 meetings with the West
12:14:29 Tampa CDC to discuss with folks how can we make this
12:14:32 project a better project for their community.
12:14:34 With respect to transportation concerns, I think staff
12:14:37 adequately addressed it in their report.
12:14:39 The project will be required to install traffic
12:14:42 signals upon warrants being approved.
12:14:46 With respect to stormwater, the project is required to
12:14:49 comply with all city stormwater requirements.
12:14:51 In fact, we are not receiving 100% credit for the
12:14:55 existing impervious improvements that are there.
12:14:57 We are having to do additional improvements.
12:14:59 And those improvements will have to be done before the
12:15:02 project is being done, is completed.
12:15:05 Consistent with the comprehensive plan, we are
12:15:07 consistent with the overlay district, we are
12:15:08 consistent with the code.

12:15:09 We have done everything we can to make this project
12:15:12 patible, both to the city and to the residents.
12:15:16 Change is difficult.
12:15:17 There's in a question.
12:15:18 But I think in both the West Tampa CDC, the
12:15:22 neighborhood leaders we have met with and the people
12:15:24 that spoke at the first hearing indicated that they
12:15:27 think this is a gad project.
12:15:32 If there's any other questions.
12:15:34 One last -- the question as to whether or not there's
12:15:39 pedestrian access specifically on block A.
12:15:41 Absolutely.
12:15:41 There are -- it may be difficult to see but there are
12:15:44 sidewalks and pedestrian access all around all of
12:15:47 block A.
12:15:48 That includes on Rome.
12:15:49 That includes above on cypress.
12:15:52 That includes on Oregon.
12:15:54 All sides will have sidewalks, pedestrian access.
12:16:06 They will output to sidewalks so people can get to the
12:16:08 front doors of their units.
12:16:09 So, yes, we do have pedestrian access completely

12:16:11 around the site.
12:16:14 >>MARY ALVAREZ: Mr. Sykes, just a question.
12:16:17 How many households or displaced by purchase?
12:16:22 >>> There was one residential home that was affected
12:16:25 by this project.
12:16:26 That house, 11 -- 1510, 1511 Cass street owned by
12:16:36 LeRoy and Matty bolt, that we discussed with them the
12:16:40 purchase of their house, had independent appraisal
12:16:44 done for their house, and then instead of just saying,
12:16:48 here's the money, find yourself another home, we
12:16:50 offered them the option of either, A, trying to find
12:16:52 another home for them and help them acquire it, or
12:16:55 whatever else they wanted us to do.
12:16:57 Mr. Bolt approached us and said his daughter had a
12:17:01 home on holden, I believe it is, and her house is
12:17:05 located on pretty much a double lot and it was their
12:17:08 and the daughter's desire that they build an addition
12:17:10 onto her house so that Mr. and Mrs. Bottle could
12:17:13 live there with her and she could act as a caretaker.
12:17:19 We hired Mr. and Mrs. Bolt's grandson's construction
12:17:25 company to do the work and they are currently building
12:17:27 that improvement on their daughter's home today.

12:17:29 >> So there was only one?
12:17:31 >>> There was only one residential home in that entire
12:17:33 area.
12:17:33 Everything else was all business or vacant.
12:17:38 >> Very good.
12:17:40 >> Mr. Dingfelder?
12:17:41 >>JOHN DINGFELDER: On the Carmen, Oregon, Gray Street
12:17:52 elevations, part D.
12:18:02 At the ground floor levels, are those entrances?
12:18:10 >>> I have been sworn in.
12:18:11 Would you mind repeating your question?
12:18:13 >> Look at the block D elevations on Carmen, Oregon
12:18:18 and gray, where the wrought iron is on the first
12:18:21 floor, are those merely terraces, or are they any kind
12:18:24 of steps and entrances?
12:18:29 >>> Because it is residential, they will be up higher.
12:18:35 They are wrapped in wrought iron.
12:18:37 The access to those porches is available.
12:18:41 We can put a little swinging gate on them but it's --
12:18:48 from the interior side, anything --
12:18:52 >> You can put a little swing gate and put two steps
12:18:54 down?

12:18:56 And that would be great.
12:18:57 Because then at least somebody might have the option,
12:18:59 maybe they see somebody they want to go chat with on
12:19:01 the sidewalk, so they swing the gate, and they step
12:19:04 down and they have a little chat, and it creates a
12:19:07 little more neighbor friendly thing.
12:19:09 That's what I was getting at earlier.
12:19:12 Then the other -- then the same questions would
12:19:17 apply --
12:19:22 >>> Block A.
12:19:24 That same situation can happen.
12:19:25 What we were trying to do here, we have gone through
12:19:28 this process and we were trying to -- coming in
12:19:31 because they start that interaction between the street
12:19:34 and the building, absolutely believe in that.
12:19:37 We have green space issues as well, that we are trying
12:19:39 to be cautious of not applying too much green space
12:19:43 and what it has done in some case where is it was a
12:19:49 little more shallow, we pumped in on the unit and add
12:19:53 in on the units in order to accommodate porches on
12:19:56 most other situations.
12:19:57 We were actually bumping out to accommodate these

12:19:59 porches that you have been requested.
12:20:01 So we can make the swing gate possible and we can have
12:20:05 interaction possible.
12:20:07 We were just trying in such a way, it's very hard to
12:20:10 see if these little tiny elevations.
12:20:17 >>LINDA SAUL-SENA: You are already asking for very
12:20:18 significant gren space waivers and I think the
12:20:20 increased pedestrian activity, the potential for swing
12:20:25 gates can be extremely important.
12:20:36 What I would ask is that you add a note to the plans
12:20:39 or he had if I that you will create all these
12:20:40 opportunities for interaction.
12:20:42 Otherwise, it looks like on a block by block basis,
12:20:45 you can't get in or out.
12:20:46 I mean, it's a solid block base.
12:20:50 You can't actually physically get from the building to
12:20:52 the street.
12:20:53 And I would want to encourage people being able to
12:20:56 walk in or out.
12:20:57 >> And if you would like specific language.
12:21:01 We did add a note on the base of the first sheet.
12:21:03 If you look at the base.

12:21:06 >>> I want to make it clear.
12:21:09 This applicant is going to agree to any changes to the
12:21:11 plan, it would require a two-week continuance.
12:21:17 >> What does your language say that you just said you
12:21:19 have?
12:21:20 >>> We do have that language already.
12:21:22 Let me get it for you real quick.
12:21:24 If you look on the first sheet, below the main plan,
12:21:29 City Council requests the display of interactions, the
12:21:32 first will be shown in more detail elevations on
12:21:35 October 5th.
12:21:36 What we have done is we have the porches that we can
12:21:38 show you, we have got the elevation.
12:21:42 We can give you as much information, and we intend to
12:21:44 continue this process and make sure that it's there
12:21:47 for you.
12:21:47 We wanted to make sure the language and everything was
12:21:49 in there so we weren't just cutting off and saying we
12:21:52 weren't trying --
12:21:55 >> Julia, does that work?
12:21:56 >>JULIA COLE: The language is already on the planning.
12:22:00 If you are comfortable it is articulating, that's

12:22:05 fine.
12:22:05 My point is if you don't feel it's clear enough, if
12:22:08 you want additional changes, we can ask the applicant
12:22:11 if they would be willing to continue first reading for
12:22:14 two weeks in order to make the changes in the site
12:22:15 plan.
12:22:18 >>GWEN MILLER: Are you through, Ms. Saul-Sena?
12:22:20 >>LINDA SAUL-SENA: I believe -- I would really rather
12:22:23 continue it but I don't think anybody else is going to
12:22:25 support me on that.
12:22:26 So I want to see by the second reading, even though
12:22:29 Julia says it really doesn't work, I don't want to see
12:22:32 additional language about the swing gate and about
12:22:34 maximum pedestrian interaction.
12:22:36 And it will haunt you.
12:22:40 Remember this in the future.
12:22:41 What you did is really good for the townhouses.
12:22:44 But that's only one eighth of the entire project.
12:22:46 We really need to see it project wide.
12:22:52 >>GWEN MILLER: We need to close the public hearing.
12:22:54 >> So moved.
12:22:55 >> Second.

12:22:55 (Motion carried).
12:22:56 >>GWEN MILLER: Do you have an ordinance?
12:22:58 ,.
12:23:02 >> Move an ordinance providing for an area of rezoning
12:23:04 in the general location of 1526 West Cypress Avenue,
12:23:07 1517 and 707 north Rome Avenue, 1519, 1517, 1516,
12:23:16 1516, 1513, 1544 and 1506 west Cass Street, 502, 708,
12:23:25 710 north Rome Avenue, west Carmen street and 1505,
12:23:32 1509, 1511 and 1515 West Gray Street from the city of
12:23:37 Tampa, Florida and more particularly described in
12:23:38 section 1 from zoning district classifications IG
12:23:42 industrial general, industrial/vacant single family
12:23:46 warehouse, to PD-A, planned development, alternate
12:23:50 mixed use, providing an effective date.
12:23:51 >>GWEN MILLER: Motion and second.
12:23:53 Question on the motion, Mr. Harrison.
12:23:54 >>SHAWN HARRISON: Thank you, Madam Chair.
12:23:56 I wanted to address the CDC issue, we have been
12:24:01 considering something that we can't consider all day
12:24:04 here.
12:24:04 When come back to second reading, at this time, you
12:24:10 know, their administrative costs are going to be --

12:24:16 Mr. Randolph, when come back to second hearing to
12:24:19 determine that so we'll know.
12:24:20 One of the one of the great benefits of having
12:24:24 affordable housing component is that it's not going to
12:24:27 be managed by the city.
12:24:29 And it's going to be managed by the CDC, and the
12:24:33 benefit to that is it can be done more cheaply and
12:24:37 more efficiently than running it through the city
12:24:39 government.
12:24:40 If we can't do that, then I think we need to hear back
12:24:44 from Ms. Miller as to whether or not she thinks it's
12:24:47 more appropriate for them to administer it.
12:24:51 We don't want to privatize a function of city
12:24:54 government if there's no benefit to privatizing.
12:24:57 So I would like to hear a little more about that on
12:25:00 the second reading.
12:25:02 Other than that, I am happy to support the project,
12:25:05 and we can work out those details and see where we
12:25:07 are.
12:25:09 >>GWEN MILLER: Mr. Dingfelder?
12:25:14 >>JOHN DINGFELDER: I concur with Mr. Harrison
12:25:15 completely.

12:25:16 I think the second reading should be three weeks from
12:25:19 now.
12:25:19 The reason being if it's two weeks from now that means
12:25:22 Ms. Miller and hear staff has to work with the
12:25:26 community, et cetera, and have having everything in
12:25:28 doc agenda by Monday or something like that.
12:25:31 That's the way it's been our understanding.
12:25:33 So I think that's too rushed and we won't see any
12:25:38 better product.
12:25:39 So if we delay second reading for three weeks,
12:25:41 testimony give Ms. Miller and her staff and the
12:25:43 community and the develop area little more time to
12:25:46 refine some of those issues.
12:25:47 But even though they are nonissues, they seem to still
12:25:50 be important issues.
12:25:52 >>LINDA SAUL-SENA: I like the idea of three weeks
12:25:54 because it could give the architects an opportunity to
12:25:57 detail more of the pedestrian access and Mr. Wilson
12:26:00 Stair an opportunity to review it.
12:26:02 I think that's very, very important.
12:26:04 We are talking about that eight blocks of residential
12:26:07 stuck in the middle of single-family neighborhood.

12:26:09 And we need to see how all this is going to work on
12:26:13 the street side.
12:26:14 I would like to see it more clearly because it really
12:26:16 isn't very clear right now.
12:26:17 And I think the architect is still here.
12:26:21 >>GWEN MILLER: Did you want to say something?
12:26:24 >>> Cindy Miller, growth management development
12:26:26 services.
12:26:27 I will be very happy to come back in three weeks after
12:26:30 we have had a chance to have our discussion.
12:26:33 And perhaps Mr. Shelby might give some guidance that
12:26:36 perhaps would be best if any report I provide is a
12:26:39 separate item from the rezoning.
12:26:43 I think we might need to have it as a separate item.
12:26:47 I want to make sure it's kept clear, that it's a
12:26:50 separate consideration.
12:26:53 >>MARTIN SHELBY: We can put that under unfinished
12:26:55 business, staff report.
12:26:57 >> So moved.
12:26:59 >> Three weeks.
12:27:00 >>MARTIN SHELBY: I think the motion on the floor right
12:27:02 now is what?

12:27:03 >> To approve first reading.
12:27:06 >>GWEN MILLER: We have a motion and second to approve.
12:27:07 (Motion carried)
12:27:09 >>LINDA SAUL-SENA: Nay.
12:27:14 I really have design concerns.
12:27:16 I am not going to be satisfied by second reading.
12:27:19 >>MARTIN SHELBY: Council, if you wish to take that up,
12:27:21 you can take it up under new business.
12:27:26 What was the date?
12:27:29 >>> Three weeks.
12:27:33 >> Mr. Shelby, what are we taking up?
12:27:36 I'm sorry.
12:27:38 >>THE CLERK: It would be October 26th.
12:27:41 >>MARY ALVAREZ: October 26th?
12:27:44 >> Three weeks.
12:27:48 >>MARTIN SHELBY: Coming back on second reading.
12:27:57 >> We have a second reading also on the 26th.
12:27:59 >> Scheduled for 9:30, the 3rd.
12:28:02 The second reading would be on the 26th at 9:30.
12:28:06 >> And report from Ms. Miller at the same time.
12:28:10 >>MARY ALVAREZ: November 2nd, you said?
12:28:16 >> So moved.

12:28:16 >> Second.
12:28:17 (Motion carried).
12:28:17 >>ROSE FERLITA: I just want to apologize to the
12:28:24 Planning Commission.
12:28:25 I know we tried to extend it to 12:30.
12:28:27 I have an appointment
12:28:32 I thought we would be finished.
12:28:35 >> Need to open the workshop.
12:28:38 >>JOHN DINGFELDER: Let's just continue it for a couple
12:28:39 of weeks.
12:28:41 >> Planning Commission staff.
12:28:42 It's not date sensitive so if you do want to continue,
12:28:45 that would be all right.
12:28:46 To continue it to an earlier start time perhaps?
12:28:50 [ Laughter ]
12:28:56 >>LINDA SAUL-SENA: I'm very apologetic.
12:28:59 How about November 2nd at 10:30?
12:29:02 >> That would be fine.
12:29:08 >>MARTIN SHELBY: Would that be a time certain?
12:29:09 Would you stop what you are doing?
12:29:11 >> I think as a courtesy, we should do that.
12:29:15 >>> It won't be more than ten minutes, we promise.

12:29:21 >> Thank you very much.
12:29:21 >> Motion and second.
12:29:22 (Motion carried).
12:29:22 >>MARTIN SHELBY: I would just ask the clerk if that
12:29:26 could be noted on the agenda just for clarification
12:29:28 purposes.
12:29:32 >>GWEN MILLER: Information from council members.
12:29:34 Ms. Alvarez, do you have anything?
12:29:36 >> Yes.
12:29:36 I would like to have a commendation prepared for the
12:29:39 MOSI Hispanic person of the year to be presented at
12:29:44 the event on October 28, 2006.
12:29:48 >> Second.
12:29:48 >>GWEN MILLER: I have a motion and second.
12:29:49 (Motion carried).
12:29:50 >>MARY ALVAREZ: Just to thank everyone for their cards
12:29:58 and letters or gifts, the flowers, for their
12:30:02 appearances at my mother's beautiful funeral, that I
12:30:06 truly appreciate.
12:30:08 My family just were in awe with all the people that
12:30:13 came out to see my mom and I truly appreciated that.
12:30:16 Thank you so much, everybody.

12:30:20 >>GWEN MILLER: And that you feel the love we have for
12:30:23 you.
12:30:25 >>SHAWN HARRISON: Madam Chair, a couple things.
12:30:27 First on a bright known, Karen Palus is a new mother.
12:30:30 We all saw that e-mail.
12:30:32 Adopt add child, as I understand.
12:30:34 >>GWEN MILLER: A little boy.
12:30:36 Adopted a little boy.
12:30:37 >>SHAWN HARRISON: We send out our congratulations on
12:30:39 that.
12:30:41 The second thing.
12:30:42 As we come up to the city elections, we have spoken a
12:30:46 couple years ago about charter review.
12:30:48 And I think we sort of let it alone, and just said,
12:30:52 well, let's deal with it at a later date.
12:30:54 If we are going to deal with it for this cycle coming
12:30:57 up to be addressed in the March elections, we ought to
12:31:00 start dealing with it.
12:31:02 Why don't we just schedule that for a council
12:31:07 discussion next week for just five minutes or so?
12:31:10 And we'll just take the pulse of everybody and see
12:31:13 where we are on that.

12:31:16 >> Second.
12:31:16 (Motion carried).
12:31:17 >>MARTIN SHELBY: Other unfinished business?
12:31:22 >>CHAIRMAN: Up finished business.
12:31:24 >>SHAWN HARRISON: The second thing is, I have gotten a
12:31:26 couple of e-mails now from constituents that were
12:31:28 concerned about facilities, houses out in
12:31:33 neighborhoods that are housing sex offenders under one
12:31:39 roof.
12:31:39 I mean, multiple people that live under one roof.
12:31:43 And it's a concern in those neighborhoods.
12:31:48 And I would like to know from legal, not today, Dave,
12:31:55 what rights we as a council have to pass ordinances
12:31:59 that would prohibit that?
12:32:03 I would just like to know, what is the council's role
12:32:05 when it comes to the housing sexual offenders or
12:32:11 sexual predators within the city limits of Tampa?
12:32:16 I have had an issue raised with a house that has
12:32:18 multiple people living there which is causing great
12:32:20 concern to the neighborhood.
12:32:21 And then I have got an issue with another constituent
12:32:25 where they have had a sexual offender in the

12:32:28 neighborhood.
12:32:30 And apparently there's a difference between a sexual
12:32:33 offender and a sexual predator.
12:32:35 Offenders -- well, they have to register but there are
12:32:38 in a restrictions as to where they can live.
12:32:40 A predator can't live within so many feet of a school,
12:32:43 and churches, or I don't know what the rules are.
12:32:46 But I would like legal to come in and address what
12:32:50 rights we have on the rezoning issues.
12:32:52 What rights do we have with respect to making them
12:32:55 register or making them distance requirements as to
12:32:57 where they can live?
12:33:01 >> But you are not referring to south Florida
12:33:02 Congressmen.
12:33:05 >>DAVID SMITH: City attorney.
12:33:07 Your comment is very timely.
12:33:09 I was out on the code enforcement issue probably
12:33:12 related to your references and we are looking at the
12:33:14 issue as to what we can do Constitutionally in this
12:33:17 regard, and other jurisdictions, Dave, because it's a
12:33:21 very difficult issue because of fourth amendment
12:33:23 implications.

12:33:24 >>: How long will it take you to come back with that?
12:33:28 >>> It really depends on how complicated the fourth
12:33:30 amendment research gets.
12:33:33 Sometimes that, as you know, is a veritable thicket.
12:33:36 We are looking at the same issue with regard to the
12:33:38 patdown.
12:33:39 So a little bit of overlap.
12:33:41 I would be surprised if we could come back to you
12:33:44 before a month, before 30 days.
12:33:45 >>SHAWN HARRISON: Let's set it for 30 days from now
12:33:48 and if you need more time we can deal with that.
12:33:50 >>CHAIRMAN: Motion and second.
12:33:52 (Motion carried)
12:33:55 Ms. Saul-Sena?
12:33:56 >>LINDA SAUL-SENA: No.
12:33:57 >>JOHN DINGFELDER: Nothing today, thank you.
12:33:58 >>MARTIN SHELBY: with regard to the last item that was
12:34:01 continued, number 55, I believe the council is still
12:34:04 here, the motion was moved on first reading and
12:34:07 normally council custom as a matter of course,
12:34:11 continues for two weeks.
12:34:12 Is it council's intention -- excuse me, to continue

12:34:16 second reading for a three-week period?
12:34:19 >>LINDA SAUL-SENA: I move we continue for three weeks.
12:34:22 >> Second.
12:34:22 >>GWEN MILLER: Question, Mr. Dingfelder?
12:34:24 >>JOHN DINGFELDER: No, I'm Englewood on that one.
12:34:27 It was something else.
12:34:28 (Motion carried).
12:34:29 >>JOHN DINGFELDER: I just wanted to welcome and
12:34:32 recognize the esteemed Howard Troxler from St. Pete
12:34:39 Times.
12:34:40 Howard has been a member of this community as a
12:34:42 writer, editorial writer for many, many years and does
12:34:45 great work and we appreciate your presence.
12:34:50 >>CHAIRMAN: Clerk, do you have anything?
12:34:54 >>MARTIN SHELBY: I want to mention, I didn't recognize
12:34:58 him with a straight tie.
12:35:00 >>GWEN MILLER: Anything else coming before council?
12:35:07 >>LINDA SAUL-SENA: Move to receive and file all
12:35:09 documents.
12:35:10 >>> Second.
12:35:10 (Motion carried)
12:35:11 We stand adjourned.

12:44:52 (Meeting adjourned)