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Tampa City Council
Thursday, February 1, 2007
9:00 a.m. session

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09:00:21 [Sounding gavel]
09:03:08 >>GWEN MILLER: Tampa City Council is called to order.
09:03:09 The chair will yield to Ms. Linda Saul-Sena.
09:03:24 >>MARY ALVAREZ: This morning it gives me great
09:03:26 pleasure to introduce Ms. Bettye Greene Johnson, a
09:03:31 34-year employee with the city in the accounting
09:03:38 division.
09:03:38 She also serves as the president of the city's Black
09:03:40 History Committee, Inc., and gives back to her church
09:03:47 and community.
09:03:48 We are glad to have her for the invocation.
09:03:51 Please stand for the invocation and stay standing for
09:03:54 the pledge of allegiance.
09:03:57 >>> Good morning.
09:03:58 Would you bow with me?
09:04:00 We come to petition you right now.
09:04:03 Thank you for last night's rest.
09:04:05 Thank you for today's journey.
09:04:08 Bless our City Council members and all of the citizens
09:04:11 that are present and those that are not present.
09:04:14 Bless our mayor Pam Iorio and all her endeavors.
09:04:20 Bless the entire nation.
09:04:21 We need you right now.
09:04:22 Grant unto us a wonderful day.
09:04:25 This is the beginning of black history month.
09:04:27 Thank you for Carter Whitson and Mary Furrell, for
09:04:35 Martin Luther King Jr. and all those that have gone on
09:04:38 before.
09:04:38 Thank you for the City Council members and what the
09:04:40 citizens will be able to accomplish along with the
09:04:42 city employees and department heads, and we'll be
09:04:45 grateful to give you thanks and praise for all things
09:04:48 N.jesus' name.
09:04:49 Amen.
09:04:51 (Pledge of Allegiance).
09:05:11 >>> Thank you again, Mrs. Alvarez, councilwoman.
09:05:15 I'm indeed honored to be with you this morning and
09:05:17 just to say a word for our upcoming activity on
09:05:19 tomorrow, which is our kickoff for black history
09:05:24 month.
09:05:24 As we all know history is every day, 365 days a year.
09:05:27 But tomorrow at 11 a.m. the City of Tampa will
09:05:30 celebrate our 19th annual black history.
09:05:36 Our speaker will be none other than the very noted and
09:05:39 civil rights activist, Mary Alice herself, and the
09:05:46 theme will be a tribute to black fraternity, sorority,
09:05:49 and civic organizations.
09:05:50 I invite each of you, all City Council members, all of
09:05:53 the citizens of Tampa, the Tampa Bay area, to come out
09:05:56 and join with us as we celebrate at 10:30 in the
09:06:01 morning, E.K. Jackson, and what a tremendous
09:06:08 saxophonist.
09:06:11 We welcome you.

09:06:12 It's free and open to the public.
09:06:13 And if you park in the convention center parking lot
09:06:16 there is a small fee for parking but it is open to the
09:06:20 public.
09:06:21 We will have vendors and there will be lots of things
09:06:23 for everybody to enjoy.
09:06:24 Thank you very much.
09:06:26 You have a good day.
09:06:30 >>GWEN MILLER: Roll call.
09:06:31 >>CHARLES FLETCHER: Here.
09:06:32 >>LINDA SAUL-SENA: Here.
09:06:33 >>SHAWN HARRISON: Here.
09:06:34 >>MARY ALVAREZ: Here.
09:06:34 >>JOHN DINGFELDER: Here.
09:06:35 >>FRANK REDDICK: Here.
09:06:36 >>GWEN MILLER: Here.
09:06:38 At this time we have accommodation presented by Mr.
09:06:40 John Dingfelder.
09:07:21 >>JOHN DINGFELDER: Good morning, council.
09:07:24 Wow.
09:07:24 What an honor this is for me and for the gator nation
09:07:29 back here.
09:07:30 Shawn, come on up.
09:07:37 Today we are honoring George Edmondson.
09:07:44 He has been a member of our community, and lived in
09:07:47 South Tampa, I think, for many, many years.
09:07:51 And his wife, of course.
09:07:56 Jane.
09:07:57 And Mr. George Edmondson is affectionately known to
09:08:00 the gator nation as Mr. Two bits.
09:08:03 So we are going to give him a commendation today.
09:08:06 But we are very, very pleased.
09:08:07 And we have Tina, the president of the gator booster
09:08:13 club of the Tampa Bay area.
09:08:16 She had a recent article in the St. Pete Times talking
09:08:18 about her dedication to the gators and the bay area
09:08:21 and doing a lot of charity work as well.
09:08:24 Tell us first about Mr. Two bits.
09:08:25 >> Okay.
09:08:26 It's great to be a Tampa gator.
09:08:30 Celebrate achievements, our national championship, 100
09:08:32 years of Florida football, and a national championship
09:08:36 in football.
09:08:42 It didn't even matter after the first half of the
09:08:44 game.
09:08:44 My name is Tina deCario. I'm president of the Tampa
09:08:49 Gator Club and also have members of the Gator Club
09:08:49 today.
09:08:51 Today at this meeting we are not only going to
09:08:52 celebrate the gator championship and our enthusiasm
09:08:58 but here to celebrate Mr. Two bits, are our unofficial
09:09:03 team mascot.
09:09:05 For his 58 years of service and dedication to the
09:09:08 University of Florida.
09:09:09 We are privileged to have him here in our community to
09:09:12 have him support our local clubs and the University of
09:09:14 Florida.
09:09:17 Our national championship, just driving around you
09:09:23 will see car dealerships who now use orange and blue
09:09:26 to celebrate their events on their cars.
09:09:29 Or you may see a sign "go Gators" on their signs
09:09:35 outside.
09:09:36 Even department stores such as Macy's caught the fever
09:09:42 by selling Waterford national championship football
09:09:48 helmets. Last year the University of Florida had over
09:09:50 25,000 applicants apply to come to the university and

09:09:50 only 6700 applicants got in.
09:09:55 It's pretty amazing that the university is held in
09:09:59 such high esteem.
09:10:00 But just imagine what they are going through this year
09:10:03 with the national championship.
09:10:04 Again it's a wonderful time to be a Florida gator.
09:10:07 As some of you in this room may remember being a
09:10:10 Florida gator wasn't always the craze, wasn't always
09:10:11 the cool thing to do or be.
09:10:14 There was a time when the whole team was booed off the
09:10:17 field.
09:10:17 Not just the kicker or coach but the entire team.
09:10:21 But that's when one fan, one avid fan, I should say,
09:10:25 took a risk that changed his life and even changed his
09:10:29 name, and that is Mr. Two bits.
09:10:31 And he didn't even go to the University of Florida,
09:10:33 which to me is amazing that you have such spirit and
09:10:36 passion for our team.
09:10:40 His yellow shirt matched his bright personality.
09:10:43 And gators everywhere want to impersonate him.
09:10:46 He changed Florida football and even today.
09:10:50 The 12th man has always been a crucial part of

09:10:52 Florida football, or any football game in general.
09:10:54 But Mr. Two bits has changed that 12th man to be a
09:11:00 crucial success to our University of Florida football
09:11:03 championship.
09:11:06 The first national championship was in 1996.
09:11:09 We had a player by the name of Lawrence Wright at the
09:11:12 celebration got up and said, if you ain't a gator you
09:11:17 must be gator bait.
09:11:18 Remember that?
09:11:22 Just a few weeks ago, continued on with that
09:11:26 tradition.
09:11:26 If you ain't a gator you must be gator bait.
09:11:28 And anyone who is an outsider who didn't attend the
09:11:33 University of Florida.
09:11:36 Someone made an exception to that rule, and that's
09:11:39 you, Mr. Two bits.
09:11:40 You always will be a Gator to us.
09:11:42 In Tampa you are our favorite gator.
09:11:44 We appreciate your support and your dedication to our
09:11:46 cause.
09:11:47 And we love your zest and passion for life.
09:11:50 So thank you for all you have done.

09:12:03 >>JOHN DINGFELDER: those words are absolutely
09:12:05 fantastic.
09:12:06 Let me go ahead, George, and give you this
09:12:08 commendation.
09:12:08 And then we want to hear a few bits from you.
09:12:14 Today we are here to honor Mr. Two bits as Tampa City
09:12:18 Council 's honorary gator and South Tampa resident for
09:12:23 his contribution to the University of Florida foot
09:12:26 program.
09:12:27 Moving from section to section throughout the game Mr.
09:12:29 Two bits is always welcomed by fans who join the cheer
09:12:32 and root the champion gators onto victory.
09:12:35 By the way, someone looked at my tie and said that's
09:12:39 an old one.
09:12:40 I and I dug it out of my closet.
09:12:42 And my dad and his wife gave me this tie back in '74
09:12:46 when I started and over the years I carried it and
09:12:49 it's gone in style and out of style.
09:12:51 To me it's always in style for the University of
09:12:53 Florida.
09:12:54 Anyway, back to the commendation.
09:12:56 George Edmondson started yelling his familiar two bits

09:13:00 four bits six bits a dollar, all for the gators stand
09:13:04 up and holler, 58 years ago and he hasn't stopped
09:13:08 since.
09:13:08 He was attending a game in 1949 and start add cheer we
09:13:14 are all familiar with from our high school days.
09:13:17 You represented our community in such a positive way.
09:13:19 George, you're a real ambassador for the gator nation.
09:13:22 And the team got the national championship trophy this
09:13:29 year which made it all the better.
09:13:32 We la for you to continue doing that for many, many
09:13:35 more years to come.
09:13:36 And I'm not sure how Jane feels about that.
09:13:39 But we need you to keep at it.
09:13:42 Therefore, on behalf of Tampa City Council, Shawn
09:13:45 Harrison, my fellow gator here, we officially
09:13:48 recognize you, George Edmondson, for your over 50
09:13:52 years of certificates, University of Florida, where
09:13:55 you have gotten so many gator fans to stand up and
09:13:58 holler.
09:14:10 >>> Thank you.
09:14:10 I want to thank John and City Council for affording me
09:14:14 this award.

09:14:15 I mentioned in the past a moment ago, it's great to be
09:14:19 a gator, but I know that sooner or later City Council
09:14:24 is going to hear from and want equal time of somebody
09:14:28 from FSU.
09:14:31 I'm a cheerleader.
09:14:32 And so that's what I am going to do right now.
09:14:39 Two bits, two bits, six bits a dollar, all for the
09:14:44 gators, stand up and holler.
09:14:50 >>JOHN DINGFELDER: Okay.
09:14:59 Thank you, Madam Chair.
09:15:03 >>GWEN MILLER: That was a good way to get us going.
09:15:05 Now we have two accommodations.
09:15:09 Mary Alvarez.
09:15:34 >>MARY ALVAREZ: I don't know whether I can follow an
09:15:36 act like that.
09:15:36 Maybe we ought to call you "little bit."
09:15:41 Council, this commendation is being presented to Linda
09:15:46 Geller in reception of being chosen 2006 recipient of
09:15:51 the Leonard Miller principal leadership award, for
09:15:55 educational change.
09:15:57 It's an annual award, in its fourth year.
09:16:01 To shine spotlight on the extraordinary principal

09:16:04 leadership.
09:16:05 And it's important to change in our schools.
09:16:07 The winning principal received ask Z 10000 for his or
09:16:12 her personal use.
09:16:14 On behalf of the Tampa City Council, I would like to
09:16:18 present you with this commendation which reads: In
09:16:21 recognition of being honored with the Leonard Miller
09:16:24 principal leadership award 2006, acknowledging your
09:16:27 continued support and devotion to the students of our
09:16:30 community, and for your shared commitment with our
09:16:33 city employees participating in the mayor's mentoring
09:16:36 program, the Tampa City Council hereby commends you
09:16:38 and congratulations you on receiving this honor.
09:16:41 And by the way, Ms. Geller is principal of the West
09:16:46 Tampa elementary school.
09:16:50 Thank you so much.
09:16:51 [ Applause ]
09:17:01 >>> I would just like to thank the Tampa City Council
09:17:03 for recognizing me in such a manner and I am proud to
09:17:06 be principal of the West Tampa elementary school and
09:17:09 also proud that the City of Tampa employees were a
09:17:12 huge part of our raising our letter grade.

09:17:14 We are really proud of our faculty.
09:17:16 I am very proud of the faculty for nominating me and I
09:17:19 feel very honored to be the principal of such a great
09:17:24 bunch of students, parents and faculty.
09:17:28 Thank you very much.
09:17:28 And I am a Florida gator.
09:17:33 >>MARY ALVAREZ: Now if we can have the Padron family
09:17:51 come up.
09:17:53 >> Today it's such a great pleasure to give
09:18:08 commendation to two young boys, Alex Padron and his
09:18:14 brother Armando.
09:18:17 These two boys home alone were on their first day at
09:18:20 home on break and three men were at the front door
09:18:24 ringing the doorbell. The boys did not answer the
09:18:26 door because they did not know the men.
09:18:28 Then the boys realized that the men were now at the
09:18:31 back door breaking into the house.
09:18:33 They went to their parents' closet, hid and called
09:18:38 911.
09:18:39 They also called their parents.
09:18:40 When the police arrived, they were able to capture and
09:18:43 arrest all three of these burglars as the boys were

09:18:46 able to identify them.
09:18:48 Because of their bravery, and because of the enormous
09:18:51 amount of composure, they kept even when the police
09:18:55 arrived, managed to keep the neighbors safe, and on
09:19:00 behalf of City Council I would like to present to you
09:19:02 both this commendation, to Armando and Alex Padron in
09:19:09 recognition of your bravery in thwarting a burglary in
09:19:13 the neighborhood and because of your help to the Tampa
09:19:14 Police Department they were able to arrest and capture
09:19:17 three burglars, keeping their neighbors safe, for your
09:19:21 intelligent decisions and actions, the Tampa City
09:19:23 Council hereby commends you as a model citizen of
09:19:27 Tampa.
09:19:28 One is for Armando, and one is for Alex.
09:19:34 We are so proud.
09:19:36 [ Applause ]
09:19:39 This is in my neighborhood just down the street.
09:19:51 We have a few gifts for you all.
09:19:53 We have the police department coming up with some
09:19:55 gifts.
09:20:06 And we also have Steve Michelini with some gifts for
09:20:09 you, too.

09:20:12 >>STEVE MICHELINI: I have a trick question for you
09:20:16 guys.
09:20:17 How many people in your family?
09:20:19 The immediate family and extended family.
09:20:24 >>> 25.
09:20:24 >> Well, we can't cover all 25 but I'll tell you what
09:20:27 we are going to do.
09:20:28 On behalf of the Hillsborough County towing
09:20:30 association we are going to provide you each with a
09:20:32 $50 gift certificate for Carabbas or Outback's.
09:20:36 Because I believe you are probably typical brothers I
09:20:39 couldn't give out one certificate.
09:20:41 So I don't want to have this discussion about who's
09:20:44 certificate is which so I have individual ones for
09:20:46 each one of you.
09:20:47 Congratulations.
09:20:49 >>MARY ALVAREZ: Do you want to say something?
09:21:08 >>> Keep all your doors locked.
09:21:10 >>> And make sure to keep your doors locked and don't
09:21:15 answer the phone.
09:21:17 It might let people know that you're home alone.
09:21:32 >>> My partner, officer Barnett and I, were one of the

09:21:35 first officers on the team.
09:21:37 And Armando and Alex had such composure that they were
09:21:42 able to point out two of the three suspects that were
09:21:44 getting ready to get into a vehicle.
09:21:46 So they would have gotten away if it wasn't for them.
09:21:50 They were Latin king members.
09:21:52 They also had outstanding warrants and extensive
09:21:55 records.
09:21:55 If it wasn't for these two guys, and their bravery,
09:21:59 they could have gotten away.
09:22:02 >>> Add to that, one that came out told us exactly
09:22:10 this is exactly what they are supposed to do.
09:22:12 And they did it got in the closet and called 911 and
09:22:18 was able to alloy us time to get there before the
09:22:20 burglars ever had a chance to know they were even in
09:22:23 the house.
09:22:23 And that's how we were able to catch them.
09:22:38 >>SHAWN HARRISON: Thank you all for being here.
09:22:55 I think we have an additional commendation here this
09:22:58 morning.
09:23:04 Chairman miller is going to present you a
09:23:06 commendation.

09:23:07 >>GWEN MILLER: Good morning, council members.
09:23:11 I'm happy today to give this commendation.
09:23:17 This is health month.
09:23:19 And there's a walk next Saturday.
09:23:21 You are going to talk about it after that.
09:23:22 On behalf of City Council I would like to present this
09:23:24 commendation to "On Our Way to Healthful Living" in
09:23:30 recognition of the statewide initiative that promotes
09:23:40 healthful living, and help educate and motivate the
09:23:44 public to staying active.
09:23:46 The Tampa City Council hereby commends the
09:23:49 Hillsborough County Health Department for its
09:23:51 commitment to promote and protect the health and
09:23:53 safety of all Floridians.
09:23:55 And we wish you much success in celebrating the event
09:24:00 during February 2007.
09:24:12 >>> It's an initiative that highlights physical
09:24:15 activity and the importance of physical activity for
09:24:18 good health, but also emphasizes the very many
09:24:20 different ways that we can -- can become physically
09:24:25 active on a daily basis.
09:24:26 We have a number of events that are occurring in

09:24:31 central Florida, around the State of Florida.
09:24:33 And if you don't mind I would like to have Walter, who
09:24:37 is the Steps manager, if he would just mention those
09:24:41 two special event that is are upcoming that I would
09:24:43 love to have as many of the people here and in our
09:24:46 community involved in.
09:24:47 Thank you very much for recognizing this initiative.
09:24:51 >>> Thank you, council.
09:24:58 At the 16th at the Robello partnership school,
09:25:03 we'll have the kickoff and we are inviting everyone to
09:25:05 come and opening imperfect sizes at 8:30.
09:25:09 And then several hundred of Hillsborough County's
09:25:14 children will walk several miles.
09:25:16 And then February 24th at the museum, MOSI, we
09:25:23 will have a big county-wide walk where we are inviting
09:25:27 everyone to come and be a part of the step up Florida
09:25:32 walk.
09:25:32 That walk will also allow the walkers to enter at in a
09:25:39 cost to them, and also the theater at in cost.
09:25:44 So we invite everyone to come out.
09:25:46 There are activities going on at Hillsborough state
09:25:49 park, bird watching activities.

09:25:54 We invite everyone to get out and move about and be
09:25:57 physically active.
09:25:58 Thank you so much.
09:26:00 >>SHAWN HARRISON: Thank you.
09:26:01 >>JULIA COLE: Legal department.
09:26:23 I want to give council information as it relates to
09:26:25 the HRC ordinances.
09:26:28 They have been out there for some time and I thought
09:26:30 it would be appropriate to update you on those two
09:26:33 ordinances.
09:26:34 Our plan is to bring those ordinances to the Planning
09:26:36 Commission and have them scheduled to be heard on
09:26:38 March 12th, with first reading of those ordinances
09:26:43 to go March 15th, second March 29, bringing that
09:26:49 to the Planning Commission at least 30 days ahead of
09:26:51 time.
09:26:51 Our plan is to have that transmitted to the Planning
09:26:53 Commission no later than February 12th.
09:26:56 At that time, when we have those final versions, I do
09:27:01 know these two issues have been heavily workshopped
09:27:05 and heavily discussed so we think it's appropriate to
09:27:07 bring those forward.

09:27:16 >>LINDA SAUL-SENA: I would assume that those draft
09:27:21 ordinances are available at the legal department, and
09:27:23 if they have any feedback they can provide it to
09:27:26 counsel or to you all.
09:27:27 >> Absolutely.
09:27:30 >> Thank you.
09:27:38 >>> Phil shell, planning coordination.
09:27:41 I would like to reschedule Z 06-133 previously held on
09:27:46 January 11th, now requesting it to be rescheduled
09:27:50 to March 8th.
09:27:53 >> Is there a motion?
09:27:54 >> So moved.
09:27:54 >> Second.
09:27:55 >>GWEN MILLER: Motion and second.
09:27:56 (Motion carried)
09:27:59 We need to go to approval of the agenda.
09:28:02 Are there any items that Ned to be pulled?
09:28:06 >> Move approval.
09:28:07 >> Second.
09:28:07 (Motion carried).
09:28:08 >> We now go to our staff reports, item number 4.
09:28:15 Public works.

09:28:20 Tampa Police Department.
09:28:23 >>MARTIN SHELBY: Item 4 on the agenda.
09:28:32 >> Jane castor, Tampa Police Department.
09:28:34 I was asked to return and give an update on the RFP
09:28:37 for new radio communication system for the Tampa
09:28:39 Police Department.
09:28:41 The RFP will be published February 8th.
09:28:46 It has been a longer process than I had anticipated
09:28:49 but we did have a series of reviews all the way up to
09:28:51 the federal level, assistance technology program.
09:29:00 So there is a grant to cover it as you are aware and
09:29:07 we wanted to make sure it covered every item that
09:29:09 needed to be addressed within this communication
09:29:11 system.
09:29:18 >>LINDA SAUL-SENA: So this will allow our police
09:29:19 department to communicate with federal law enforcement
09:29:22 people, county --
09:29:25 >>> No, not federal.
09:29:27 Last time I said we had a five year plan for the urban
09:29:30 area, which includes Pinellas County and the cities of
09:29:34 St. Petersburg, Clearwater, Hillsborough County, and
09:29:36 the City of Tampa.

09:29:38 And our intent is to get Hillsborough County to be
09:29:41 able to communicate with each other.
09:29:42 We would be able to merge if MACON is awarded the
09:29:50 contract, we would be able to merge with the
09:29:52 Hillsborough sheriff's office which would be a
09:29:54 multi-million dollar savings if we were to build a
09:29:57 ground-up system F.motto real a gets the contract, we
09:30:00 would be able to merge with Pinellas County.
09:30:04 >>> It sounds like it's sort of an either-or so there
09:30:09 hasn't been --
09:30:11 >>> The long-term solution to that is the project 25
09:30:14 compliance.
09:30:15 Any federal funding that's given towards interoperable
09:30:18 communication has to be project 25 compliant which
09:30:23 means all these divergent systems will be able to talk
09:30:26 to each other so Motorola and MACON we will be able to
09:30:31 build a bridge so in the five year plan the last phase
09:30:33 will allow for communication between Hillsborough
09:30:35 County and Pinellas County.
09:30:38 So all five of those jurisdictions will be able to
09:30:41 communicate.
09:30:42 Currently just in review, we have what's called a

09:30:45 patch system statewide.
09:30:46 It's 150-some law enforcement agencies able to
09:30:51 participate.
09:30:51 We are able to communicate with other agencies through
09:30:53 our 911 center but that's not "on the street"
09:31:00 communications.
09:31:01 >> With Katrina I noticed the text messaging was far
09:31:05 more effective.
09:31:06 Will there be an emphasis on text messaging capacity?
09:31:09 >>> Well, what we are will go at, we have to look at
09:31:11 owl all of our options because you don't know what's
09:31:14 going to be the reality in a hurricane situation, is
09:31:16 that your radio towers are going to be down.
09:31:19 Oftentimes the cell towers are down.
09:31:23 Portable cell towers can be brought in.
09:31:25 But we have also used homeland security funding to
09:31:28 purchase portable communications systems for first
09:31:32 responders.
09:31:33 Pinellas County already has one for purchasing -- we
09:31:36 are purchasing an additional one for them and then
09:31:38 we'll have two in the City of Tampa.
09:31:39 Those will be able to be erected within hours after an

09:31:43 event.
09:31:43 And all first responders will be able to communicate
09:31:47 under that scenario.
09:31:49 Obviously we looked at cell phones as well, text
09:31:51 messaging, satellite phones.
09:31:53 Satellite phones, those are a given, you will be able
09:31:57 to communicate.
09:31:58 But there's a lot of down-side to those as well.
09:32:03 Most of all the cost.
09:32:04 Then you have to have direct line communication.
09:32:06 You have to be outside to utilize those.
09:32:09 But we have looked at all the communications options,
09:32:11 because you can't rely on one system in and of itself.
09:32:19 >>CHARLES FLETCHER: Thank you.
09:32:20 And I'm glad to answer that last question -- that you
09:32:24 asked that last question, that you are looking at
09:32:30 communication systems and after Katrina, you need a
09:32:33 number of different communications available in the
09:32:36 event there's a failure.
09:32:37 I must have misunderstood your presentation last time.
09:32:44 I had been under the impression that this contract
09:32:47 would allow the city to go to open standard, I guess

09:32:52 you call it P-25 system, with this system so that we
09:32:59 would -- when this process completes, when that radio
09:33:05 system gets in place, we would then be open standard
09:33:10 compliant and be able to have divergent systems
09:33:13 communicating through and with the city, whether
09:33:16 it's -- well, any other technology that's compliant.
09:33:23 >>> That's correct.
09:33:23 But it won't be in phase 1.
09:33:29 To merge with Hillsborough County, and the
09:33:31 Hillsborough County system currently isn't P-25
09:33:33 compliant, the Macon.
09:33:38 Our system will be.
09:33:40 >>> I guess that was kind of my question.
09:33:42 If you are talking about merging into a system that's
09:33:44 not P-25 compliant, isn't that a third step?
09:33:47 Why don't we just go with one that's P-25 compliant
09:33:50 now?
09:33:50 >> But that isn't -- that step is necessary.
09:33:55 P-25 will have to become P-25 compliant.
09:33:58 There's no choice in that matter.
09:34:00 So it's just a matter of the step, if we were to build
09:34:03 a P-25 compliant system, a stand-alone system for the

09:34:06 Tampa Police Department, you know, we could go
09:34:08 anywhere from 60 to $100 million.
09:34:12 And worry talking hopefully in the range of tens to
09:34:16 twelve million to merge with the sheriff's office and
09:34:19 that's why it's a five-year plan to go through those
09:34:22 phases.
09:34:22 Pinellas County with the Motorola system is already
09:34:25 P-25 compliant and they have merged with the city of
09:34:28 St. Petersburg.
09:34:30 Again, hopefully, the process will be Hillsborough
09:34:33 County will become P-25 compliant, Pinellas will, and
09:34:37 then we'll build that bridge so that Hillsborough can
09:34:39 communicate with Pinellas.
09:34:45 >>> Okay.
09:34:48 It seems if he would could in one step get to P-25
09:34:51 compliant that would be the way to go.
09:34:54 >>> And we may be able to merge some of the steps of
09:34:56 the long-range plan.
09:34:58 Because there is a great deal of funding, over a
09:35:06 billion dollars being released nationwide through
09:35:08 FEMA. And the individual from the interoperatability
09:35:12 communication technology assistance program was down

09:35:14 here for Gasparilla to look at our command system and
09:35:20 how he would ran that system.
09:35:21 And so we have a very good working relationship with
09:35:24 them.
09:35:24 They actually review the RFP.
09:35:27 And when that funding is released and we know what the
09:35:29 stipulation of that funding is, obviously we will
09:35:32 attempt to get that.
09:35:34 And if we do get that funding, then we can move these
09:35:37 processes faster.
09:35:39 And there was the possibility that we were going to be
09:35:44 dropped from the program this year, and we were able
09:35:48 to be included in that program as well.
09:35:49 So we will have funding and all of our homeland
09:35:53 security funding will go to interoperatability until
09:35:59 bee finish the project.
09:36:01 >> Another quick question.
09:36:02 How does the Tampa Fire Rescue fit into this?
09:36:06 I'm sure you know that that would be a big part of
09:36:11 emergency compliance.
09:36:12 How do they fit in?
09:36:13 >>> They are factored into it.

09:36:15 They are happy with the system that they have now.
09:36:17 And their system, they can actually go call to call in
09:36:23 an emergency so they are content with what they have
09:36:25 now.
09:36:26 We have put with homeland security funding, we
09:36:28 purchased the automated vehicle locater, AVL, so they
09:36:33 have the more communication capability that law
09:36:35 enforcement doesn't have at the time.
09:36:37 Obviously they have more vehicles than law enforcement
09:36:40 has.
09:36:41 But they are included in that five-year plan.
09:36:45 But right now we are looking to get law enforcement to
09:36:49 be able to communicate.
09:36:52 Hillsborough County fire is on the sheriff's office
09:36:54 system.
09:36:57 >>CHARLES FLETCHER: So neither of the systems that are
09:36:59 being proposed now that you mentioned last month or
09:37:02 earlier this month would allow the fire rescue to talk
09:37:08 actually with the police officers?
09:37:11 That's not an option at this point?
09:37:13 >>> No, that's not an option today, unless we go to
09:37:17 that patch system.

09:37:21 And the centers are co-located so we do have that
09:37:25 immediate location.
09:37:26 Just have to turn to the person next to you.
09:37:27 But we do have communication capability.
09:37:29 But it isn't first responder to first responder.
09:37:33 >>CHARLES FLETCHER: I just have one last question.
09:37:37 I was involved in a process unrelated to law
09:37:41 enforcement radio where we have to negotiate which
09:37:45 players in the system would get priority on
09:37:49 communications.
09:37:49 Is there an issue here where when into a dispatcher or
09:37:56 into a switchboard or automated system, that the
09:38:00 system is going to recognize the sheriffs deputy
09:38:04 differently than they recognize the officer TPD
09:38:08 officer?
09:38:12 >>> That's a very good question.
09:38:13 When I first came to the police 24 years ago we had
09:38:15 that exact problem, and when we were busy he would get
09:38:22 shut off.
09:38:22 That will not happen. The availability of channels at
09:38:25 this time, the sheriff's office is using less than 25%
09:38:30 of their capacity.

09:38:31 And what's happening on the frequency level that we
09:38:34 are on now, we are being pushed out by the cell phone
09:38:37 providers.
09:38:39 And in essence, our system is just so antiquated.
09:38:42 We will go to the 800 megahertz, and there is a band
09:38:46 width there that's certainly capable of handling not
09:38:49 only first responders, law enforcement, but fire from
09:38:56 Polk County.
09:38:56 We are even looking at plans including public works.
09:38:59 >> Based on my experience, I would highly encourage
09:39:02 you to get in writing an agreement --
09:39:06 >>> Right, we have already crafted a memorandum of
09:39:09 understanding with the sheriff's office.
09:39:11 And we will be specific channels that belong to the
09:39:15 Tampa Police Department.
09:39:17 And then we have channels that will be specifically
09:39:20 sheriff's office, and then we'll have the
09:39:22 multi-jurisdictional channel.
09:39:24 >> Thank you.
09:39:27 >>SHAWN HARRISON: Thank you, Jane.
09:39:29 The key in this conversation for me was the RFP on the
09:39:33 street on February 8th?

09:39:36 >>> Yes.
09:39:37 >> And what's the time frame?
09:39:38 >>> The time frame to get it back, the actual contract
09:39:40 to give back to council, we are log at the beginning
09:39:43 of June to try to get that back after review.
09:39:45 As I said last time, we really have two major vendors
09:39:49 that will be applying, Motorola and Macon.
09:39:53 So the process can be abbreviated somewhat.
09:39:56 But an abbreviation from the usual process is still a
09:39:59 long time.
09:40:00 It is a very time-consuming process.
09:40:03 But on a project this large you don't want to make a
09:40:05 mistake.
09:40:07 >>SHAWN HARRISON: Obviously it's complicated.
09:40:09 And I am very confident you have good people on it.
09:40:13 Sounds to me like we are moving forward.
09:40:19 And about a $10 million project.
09:40:23 Thank you, Jane.
09:40:25 >>GWEN MILLER: Thank you.
09:40:26 Item number 5.
09:40:27 Mr. Dingfelder.
09:40:28 >>JOHN DINGFELDER: Yes, Madam Chair.

09:40:30 I was speaking with TPD about this item.
09:40:32 And I think a continuance for another two weeks would
09:40:35 be a good thing.
09:40:36 That's my motion.
09:40:37 >> Second.
09:40:37 >>GWEN MILLER: Motion and second to continue item
09:40:39 number 5.
09:40:40 (Motion carried).
09:40:42 >>JOHN DINGFELDER: That would be a verbal report in
09:40:44 two weeks.
09:40:45 >>GWEN MILLER: Item number 6.
09:40:46 >> Gregory Hart, manager, minority business
09:40:53 department.
09:40:56 The business process is underway.
09:41:01 Our task force meeting was held yesterday evening at
09:41:04 6:00 to 7:30 at the Reagan community center.
09:41:09 It was very productive.
09:41:10 The first meeting was designed to provide an overview
09:41:25 of our three programs at the EEO, Affirmative Action
09:41:25 program, Women and Minority Business Enterprise
09:41:25 program, and FTE program, and to provide an overview
09:41:25 of the results of the disparity study.

09:41:27 The subsequent meeting will be held on February
09:41:30 7th.
09:41:31 Again at 6 p.m. at the Reagan center.
09:41:33 And then there will be subsequent meetings following
09:41:35 that to again implement the process of addressing the
09:41:42 recommendations of the disparity study.
09:41:47 The final results of the task force process will be at
09:41:50 the end of the meeting.
09:41:54 >>GWEN MILLER: The final results?
09:41:57 >>> That's correct, yes.
09:41:58 And there will be several meetings, three or four
09:42:00 meetings.
09:42:01 >> Then that's the time you come back and --
09:42:05 >>> Give a full report.
09:42:05 >>GWEN MILLER: Thank you.
09:42:06 >>MARY ALVAREZ: Mr. Hart, when you are having these
09:42:10 meetings, are you getting a lot of feedback from these
09:42:12 meetings?
09:42:14 >>> Well, the first meeting was last night.
09:42:16 We are getting feedback from the task force members.
09:42:19 And any public that's in attendance, we are reserving
09:42:24 time for them to provide public comment only.

09:42:27 We have not received any feedback.
09:42:32 >>MARY ALVAREZ: That's what I was asking, if there
09:42:34 was any feedback from the public at all.
09:42:36 But you have only had one meeting.
09:42:39 >>> That's correct.
09:42:39 >> Are you putting out the notice these meetings are
09:42:41 occurring?
09:42:42 >>> Yes.
09:42:42 The meetings have been published in the normal
09:42:48 process.
09:42:49 >>MARY ALVAREZ: Are you going -- is this thing going
09:42:58 to be at the Reagan park?
09:43:00 >>> Yes.
09:43:00 >> And where was the one last night?
09:43:02 >>> Last night was at the Reagan community center.
09:43:06 The next meeting on February 7th will also be
09:43:08 there.
09:43:09 Should there be a change in location, we will
09:43:14 republish a meeting notice in the appropriate spots
09:43:17 and locations.
09:43:19 >>GWEN MILLER: Mr. Dingfelder?
09:43:20 >>JOHN DINGFELDER: Thank you.

09:43:21 I just wanted to commend Mr. Hart has really come on
09:43:25 board this year and taken this program and worked real
09:43:29 hard at it.
09:43:30 Sounds like he's doing a great job.
09:43:31 I make a motion that we let him focus more on the job
09:43:35 and less on reporting to us and modify his report
09:43:38 schedule to monthly instead of every two weeks.
09:43:40 >>MARY ALVAREZ: I'll second that.
09:43:42 >>GWEN MILLER: We have a motion and second.
09:43:44 (Motion carried).
09:43:50 >>FRANK REDDICK: I have a question for Mr. Hart.
09:43:52 What is the normal process for notices for the public?
09:44:01 You say the normal process for government in the
09:44:05 sunshine.
09:44:06 What is the normal process?
09:44:07 >>> The normal process is the public information
09:44:13 office.
09:44:14 All meetings are posted on the I-net, in addition to
09:44:20 other print media and publications.
09:44:23 I don't have the specifics but it's a standard process
09:44:25 that the city engages when notifying the public of
09:44:31 established meetings.

09:44:31 >>FRANK REDDICK: You place notices in a newspaper like
09:44:39 the Florida Sentinel Bulletin, for example?
09:44:44 Or some other newspapers?
09:44:48 You publish that so people reading those newspapers
09:44:52 will be able to attend if they have an interest?
09:44:56 >>> They are placed in print media.
09:44:57 I can't say for certain which ones were used for the
09:45:04 task force meeting.
09:45:06 >>FRANK REDDICK: At Reagan park and some of these
09:45:13 other places, those particular newspapers receive
09:45:16 notice about that?
09:45:17 >>> I'll look into that, sir, and see what avenues are
09:45:23 used by the public information office and the clerk's
09:45:27 office.
09:45:27 >>FRANK REDDICK: Okay.
09:45:30 >>GWEN MILLER: Thank you, Mr. Hart.
09:45:31 Item number 7.
09:45:32 We had a written report.
09:45:33 Need to get a motion to receive and file.
09:45:35 >> So moved.
09:45:36 >>GWEN MILLER: Do you want to speak on it?
09:45:44 We have a motion and second to receive and file.

09:45:46 (Motion carried)
09:45:57 Item number 8.
09:45:59 >> Good morning.
09:46:00 Department of code enforcement here to report to you
09:46:02 on the progress of the code enforcement initiative at
09:46:05 721 south Willow Avenue.
09:46:08 That particular parcel of land has been complied with
09:46:12 code enforcement.
09:46:14 We are working cooperatively with the owners on the
09:46:17 property.
09:46:18 And we will continue to monitor that property to
09:46:19 ensure that they continue with compliance.
09:46:25 >>MARY ALVAREZ: Looking good.
09:46:27 >>LINDA SAUL-SENA: Thank you, Mr. Lane, so much.
09:46:29 I was out there to look at it recently.
09:46:32 It's looking so much better.
09:46:34 >>> Looking beautiful, isn't it? It is.
09:46:35 It is.
09:46:36 >>GWEN MILLER: Thank you, Mr. Lane.
09:46:42 Mr. Selby, number 9.
09:46:47 >>MARTIN SHELBY: I prepared a resolution supporting
09:46:53 HB-27 and asking for primary enforcement.

09:46:58 I gave you a copy of the resolution.
09:47:00 I apologize for providing it to you late.
09:47:04 Just to let you know that in the fourth whereas
09:47:06 clause, in the second sentence, there was an omitted
09:47:10 word, the word "to."
09:47:11 That's been corrected in the original, and correction
09:47:15 has been supplied to the city clerk.
09:47:16 If you feel comfortable passing it today you may do
09:47:18 so.
09:47:19 It's council's pleasure.
09:47:20 >>GWEN MILLER: What is council's pleasure?
09:47:22 Mr. Dingfelder?
09:47:23 >>JOHN DINGFELDER: Thank you, Mr. Shelby, for working
09:47:26 on this so quickly and turning it around so fast.
09:47:30 I think it's extremely important that not only City of
09:47:33 Tampa but that all municipalities support the two
09:47:36 bills, house bill 27 and Senate bill 484 are really
09:47:42 going to put some teeth into the Florida seat belt
09:47:45 law.
09:47:45 And then that way we'll save lives.
09:47:48 My good friend and many of our friends, Vin Marchetti
09:47:52 and his wife Laura lost their daughter last year and

09:47:55 tragically she wasn't wearing her seat belt.
09:47:58 So the bill is called the Slosberg bill and Katie
09:48:06 Marchetti safety belt law.
09:48:08 And hopefully with our support and other supports from
09:48:10 the municipalities in and around the bay area and
09:48:14 around the state, these two bills this year, they'll
09:48:21 save lives, in working together.
09:48:22 I'll be proud to make that motion.
09:48:24 To move the resolution on behalf of my good friend Vin
09:48:27 and Laura Marchetti.
09:48:28 >> Second.
09:48:29 (Motion carried)
09:48:32 >> Item 10 to discuss our calendar.
09:48:35 Mrs. Saul-Sena, you said you wanted to add some.
09:48:37 >>LINDA SAUL-SENA: I just wanted to check on the
09:48:40 Jewish high holiday.
09:48:42 And I want to thank Shirley Foxx-Knowles, our clerk,
09:48:45 who had already checked on them and made sure that we
09:48:48 weren't going to have a budget meeting the night of
09:48:50 Rosh Hashanah.
09:48:56 I am very comfortable with the calendar.
09:48:59 So I move we adopt the proposed City Council calendar.

09:49:03 >>GWEN MILLER: We have a motion and second.
09:49:05 (Motion carried)
09:49:07 Is there anyone in the public that wants to request
09:49:10 reconsideration to any legislative matters?
09:49:13 >>STEVE MICHELINI: Last week, you had an ordinance
09:49:19 being presented for second reading regarding the
09:49:23 electrification of fences and the applicability of
09:49:26 those for special areas within the city limits.
09:49:29 I'm here to ask you to reconsider your action and to
09:49:34 place this back on second reading within the next week
09:49:37 or two.
09:49:37 Basically, there are a number of security issues that
09:49:41 are involved in this, and the proposal to go to an S-1
09:49:45 use would delay the implementation of this at least
09:49:49 past July.
09:49:50 Your cycle won't allow that to happen until that
09:49:52 period of time.
09:49:53 But I talked to Julia Cole about this.
09:49:56 Unfortunately we live in some very strange and
09:49:58 difficult circumstances.
09:50:00 We are required through the towing association and
09:50:03 others, freight haulers and a variety of other people,

09:50:06 to secure vehicles that are in their possession.
09:50:11 And one of the strongest deterrents is a low voltage
09:50:15 electrification that's nonlethal.
09:50:17 It allows for the prevention of the property from
09:50:20 being vandalized, valuable products and things that
09:50:25 are required by the federal government to be stored,
09:50:27 in a secure and safe manner, and for the state
09:50:29 attorney's office regarding vehicles impounded because
09:50:33 they are involved in some kind of homicide or other
09:50:38 crime.
09:50:40 The towing industry itself is at risk, as well as your
09:50:43 freight haulers, airports, other places.
09:50:47 The airports are exempt from this regulation.
09:50:49 However, in private impound areas, the private freight
09:50:53 companies are not immune to this and not exempt from
09:50:56 your rules.
09:50:58 Therefore, when they come to you and they ask for
09:51:01 consideration for security measures, again they are
09:51:04 nonlethal, they are preventive, they are very
09:51:07 effective.
09:51:10 I think you received a book last week showing the
09:51:12 number of municipalities that already adopted these

09:51:15 standards.
09:51:16 And they have been certified as being safe.
09:51:19 And they are not going to kill someone.
09:51:21 But they are going to deter them.
09:51:24 Unfortunately we have some areas in the city,
09:51:26 especially around the industrial areas, that are
09:51:29 extremely vulnerable, and they need that protection.
09:51:33 They are not adjacent to single-family residential
09:51:35 areas.
09:51:36 Typically they are adjacent to other industrial uses.
09:51:39 And because of that, they need that protection.
09:51:43 But we would respectfully request you reconsider your
09:51:46 action, place this back on the agenda for
09:51:49 consideration for second reading.
09:51:51 There are a number of people hear to speak on behalf
09:51:53 of this in the industry that are directly affected by
09:51:56 it.
09:51:56 And we would request that you reconsider this and put
09:52:00 it back on your agenda.
09:52:01 I'll be happy to answer any questions you have.
09:52:05 But as I said, these are industrial areas.
09:52:07 They are nonresidential.

09:52:09 And if there is a residence in the area of
09:52:12 nonconforming use, this is typically a land use
09:52:15 regulation being encouraged to be relocated.
09:52:17 >>JOHN DINGFELDER: Mr. Shelby, can you give us a
09:52:21 little bit of clarification?
09:52:24 We do so many things up here.
09:52:26 Give us a little bit of clarification.
09:52:28 I know we turned down the proposed ordinance last
09:52:31 week.
09:52:31 But I do believe -- Ms. Saul-Sena had a motion as a
09:52:36 follow-up to actually implement with some type -- to
09:52:41 allow some type of electrical fences in appropriate
09:52:43 locations.
09:52:47 I know I am putting you on the spot a little bit.
09:52:50 But can you clarify that?
09:52:55 >> Get Julia Cole.
09:52:58 >>MARTIN SHELBY: Mrs. Marshall has been kind enough to
09:53:00 pass any motion that the -- again as you said by
09:53:06 council member Saul-Sena, seconded by yourself, that
09:53:08 the ordinance be denied.
09:53:10 And the motion was a second motion, that the legal
09:53:13 department and the administration be requested to

09:53:15 appear before council on March 22nd, 2007, provide
09:53:18 a report, with options and recommendations, through a
09:53:24 variance or zoning procedure.
09:53:27 That was the motion that was passed.
09:53:32 >>JOHN DINGFELDER: What's the difference between that
09:53:33 and the ordinance in front of us?
09:53:35 >>> You are getting into specifics right now.
09:53:36 I believe it was placement of code.
09:53:39 And talk to the specific ordinance, but it would not
09:53:42 be of a special use.
09:53:47 Within certain areas within certain parameters.
09:53:49 And Ms. Cole, did you want to speak to any of this in
09:53:52 particular?
09:53:55 >>JULIA COLE: Gloria Moreda is not here and she knows
09:53:57 the specifics.
09:53:58 I can tell you what my recollection is.
09:54:00 My recollection, where the ordinance was drafted was
09:54:03 to allow it as a matter of right in industrial areas,
09:54:07 and in commercial areas.
09:54:08 You would have to request a variance.
09:54:12 Not only a variance, you have to about Q a permit
09:54:15 through the Variance Review Board process and making

09:54:17 certain findings, a cellular process that we use for
09:54:20 other types of fencing in those areas.
09:54:26 >>MARTIN SHELBY: The other thing, these requests are
09:54:30 appropriate. That was a legislative matter.
09:54:31 It's not quasi-judicial.
09:54:33 And the issue of notice is that it is published in the
09:54:40 newspaper.
09:54:44 There was a second reading and the public hearing was
09:54:46 opened.
09:54:49 And whatever testimony was taken by those who were
09:54:51 present is what council relied upon.
09:54:54 >>LINDA SAUL-SENA: I have a question for Ms. Cole.
09:55:05 If this is appropriate in commercial areas, not
09:55:09 residential areas, could council today consider
09:55:11 allowing this in industrial areas that are not
09:55:14 adjacent to residential areas, so that part could move
09:55:17 ahead help these folks?
09:55:19 And then in March we could look at the areas where if
09:55:23 it's adjacent to residential area figure out if it's
09:55:26 better to make a special use or go before the variance
09:55:29 review board?
09:55:30 Because when deal directly with the industrial areas

09:55:33 that want to have this kind of fencing today.
09:55:36 >>JULIA COLE: My recommendation would be to actually
09:55:38 hear this again, it actually has to come back on
09:55:42 second reading.
09:55:42 A new newspaper ad is going to have to be placed in
09:55:45 the paper in order to provide proper notice.
09:55:47 That would be two weeks.
09:55:48 In that time period we can look at the ordinance, and
09:55:55 this is a project we initiated that they would have to
09:56:01 agree to that language and request for that language
09:56:03 to change in that manner and bring it back to you in
09:56:05 two weeks.
09:56:06 >>LINDA SAUL-SENA: I remember.
09:56:07 Because my feeling is that the concern that prompted
09:56:10 me last week to vote for this denial was the concern
09:56:14 about the adjacent to residential uses.
09:56:20 If it's just within the industrial area I'm fine with
09:56:23 that.
09:56:25 It has to be in industrial area adjacent to other
09:56:28 industrial -- I mean, just in an area where it's not
09:56:32 going to negatively impact a residential neighbor.
09:56:35 And I think that we could easily craft language being

09:56:39 in industrial areas, not within, you know, a certain
09:56:42 radius of a residential use.
09:56:46 >>SHAWN HARRISON: As I recall the ordinance that we
09:56:48 approved a couple weeks ago was treating electric
09:56:55 fences as we treat barbed wire or razor wire fences.
09:56:59 And whatever the requirements were for those types of
09:57:01 fencing would apply to electric fencing as well.
09:57:08 If what Ms. Saul-Sena suggests if there's some way to
09:57:13 allow this, as long as there is no active residential
09:57:17 use next door, adjacent, if we can do that, then I
09:57:24 think we have close to unanimity to going forward
09:57:30 today.
09:57:31 I don't want to overly complicate this.
09:57:33 The whole idea is if you can put barbed wire up, razor
09:57:37 wire up, you ought to be able to put electrical
09:57:40 fencing up.
09:57:41 It seems the -- oh, good, here's the expert right now.
09:57:46 If I lived next door I would rather see something
09:57:50 along the lines of electrical fencing that didn't
09:57:52 stick out and low like a prison as opposed to a great
09:57:56 big huge barbed wire, razor wire next to my house.
09:58:06 What did we do, what did we vote down last week?

09:58:12 >>GLORIA MOREDA: Initially, the applicant had asked
09:58:15 for electric fencing in all district, all commercial
09:58:18 and industrial districts.
09:58:20 Council after the first public hearing directed me to
09:58:22 amend the regulation to treat electric fencing as we
09:58:28 treat the barbed wire fencing.
09:58:30 Barbed wire is a permitted type of fencing in
09:58:32 industrially zoned properties, in any other commercial
09:58:38 or industrial uses, commercially zoned property.
09:58:42 The code allows for consideration of barbed wire use
09:58:47 through the Variance Review Board public hearing
09:58:49 process.
09:58:50 They have to demonstrate that this is security risk on
09:58:54 the property and they go through that public hearing
09:58:55 process, and that's how the code was amended.
09:58:58 It was now going to allow for electric fencing on
09:59:01 industrial and IH zoned districts.
09:59:05 Anything other than that, if you were a commercial or
09:59:07 industrial use, you had to go through a public hearing
09:59:10 process before the variance review board.
09:59:22 >>MARY ALVAREZ: I think I like your observation of
09:59:24 that better than Ms. Saul-Sena's at this point.

09:59:28 I think Ms. Saul-Sena's issue was the residential part
09:59:30 of it.
09:59:31 And this came up because the electric fence was going
09:59:36 to go up on Florida Avenue.
09:59:39 And behind there there's neighborhoods.
09:59:41 And this is what her problem was.
09:59:44 But I understand it now that you said that it could be
09:59:47 in an industrial area, and it would -- not a
09:59:53 commercial but an industrial area.
09:59:55 So where does that leave us?
10:00:00 >>GLORIA MOREDA: The situation is in many of our areas
10:00:03 you have industrial areas as well.
10:00:06 And I think what Ms. Saul-Sena was trying to do was
10:00:08 avoid any type of conflict with residences regardless
10:00:12 of their zoning district with the use of an electric
10:00:15 fence.
10:00:19 The way that the code is now, it does not make for any
10:00:23 kind of remedy.
10:00:24 It's the residences are industrially zoned property.
10:00:28 There is the industrially zoned property is next to a
10:00:30 residential neighborhood.
10:00:32 You see what I'm saying?

10:00:33 >>MARY ALVAREZ: Yes, I do.
10:00:35 In this case, I believe the residential was behind the
10:00:46 property in question.
10:00:47 I think there is a remedy.
10:00:52 I think we need to go back --
10:00:56 >>GLORIA MOREDA: Staff was not supportive of this
10:00:58 proposed change.
10:00:59 I want to put that right out front.
10:01:01 Staff does not think that electric fences, even in the
10:01:03 industrial areas in the City of Tampa, we didn't feel
10:01:06 that that was appropriate.
10:01:09 Because they are, I think, unsightly.
10:01:11 But given that, we have the public hearing.
10:01:15 There was substantial testimony as the public hearing
10:01:19 on both sides of the issue.
10:01:20 We had residences, primarily from Seminole Heights
10:01:23 area concern.
10:01:29 In speaking to Mr. Baron, he did indicate that he was
10:01:34 comfortable with the compromise that council had done,
10:01:38 deleting at least the CI and IE districts as a "by
10:01:45 right" permitted use and that's what the proposed
10:01:47 change to the ordinance did.

10:01:49 It was limiting it to the industrial district.
10:01:51 I think it was a good first step to move the ordinance
10:01:55 in that direction.
10:01:58 There is time, I think, following Ms. Saul-Sena and
10:02:03 the rest of council's direction from last week to
10:02:06 maybe study this further.
10:02:08 It might be a good step to go ahead and approve the
10:02:11 second reading of the ordinance.
10:02:14 And then direct us to look at it even closer to see
10:02:19 further regulation, if there is residential density
10:02:23 property.
10:02:23 >> Would you agree that using electrical fencing is
10:02:26 better than seeing barbed wire?
10:02:31 >>> I think they do it in combination with.
10:02:36 >> Then would we allow them to take off the barbed
10:02:39 wire and use the electrical fencing alone?
10:02:41 Can we do that?
10:02:43 >>> You can form in the a variety of different ways.
10:02:45 The manner in which I think they use it, you can
10:02:47 certainly talk to them.
10:02:49 They do double fencing, I believe, one outside and one
10:02:53 inside.

10:02:57 >>GWEN MILLER: Put your name on the record.
10:02:59 Come to the mike.
10:03:00 >>STEVE MICHELINI: There's an exterior fence before
10:03:03 you get to the electrical fence.
10:03:05 So you don't just walk up and get to the electrical
10:03:08 wire.
10:03:09 There are postings, other precautions.
10:03:12 And the main concern is that industrial areas.
10:03:18 In commercial areas like Seminole Heights it has to go
10:03:21 to a hearing.
10:03:22 It's not a "by right" program that you just go in and
10:03:26 change.
10:03:26 >>MARY ALVAREZ: But before you get to the electrical
10:03:29 fence is there a barbed wire fence?
10:03:36 >>> Barbed wire on top.
10:03:39 >>CHAIRMAN: Come to the mike, sir.
10:03:40 Put your name on the record.
10:03:42 >>> I'm sorry.
10:03:42 My name is bill mullet.
10:03:44 And most of your commercial chain link fence comes
10:03:50 standard with three strands of barbed wire on top.
10:03:55 Now the dangerous part to my perception is all that

10:03:58 razor ribbon stuff, you know, the barbed wire
10:04:03 relatively unnoticeable.
10:04:06 Most of my customers would be quite willing to remove
10:04:08 the barbed wire.
10:04:11 In your standard commercial, 6-foot chain link.
10:04:17 But the nasty looking stuff, the dangerous stuff to my
10:04:20 perception is the razor ribbon.
10:04:22 >>MARY ALVAREZ: And it was recommended to remove that
10:04:25 one. We'll see where we go.
10:04:27 >>SHAWN HARRISON: Yes, we can't get into those kind of
10:04:30 details here today.
10:04:30 The question before us is should we allow electrical
10:04:32 fencing to be treated like barbed wire fencing?
10:04:35 Step one policy decision.
10:04:37 Then what we do, I think what we should probably do on
10:04:39 the special use, I don't think the barbed wire or
10:04:44 razor wire has to go through that same process right
10:04:49 now.
10:04:49 So probably what we should do, when you do have
10:04:54 adjacent, not necessarily zoned, but adjacent active
10:04:58 residential uses, then there should be an S-1 or S-2
10:05:03 process to go through or the VRB for barbed wire,

10:05:07 razor wire or electric.
10:05:09 We need to open that.
10:05:11 >> Just for your consistency, it probably should go to
10:05:14 the variance review board.
10:05:15 That's where they are going now.
10:05:17 If you start a whole new process, then you take it out
10:05:19 of the ordinance.
10:05:21 It already addresses razor wire going in.
10:05:26 We would appreciate your reconsideration and moving
10:05:28 this ordinance forward.
10:05:31 >>GWEN MILLER: What's the pleasure of council?
10:05:33 >>CHARLES FLETCHER: I'll move to reconsider.
10:05:35 I was on the prevailing side.
10:05:36 >>GWEN MILLER: We have a motion and second to
10:05:39 reconsider.
10:05:41 >>LINDA SAUL-SENA: My question is for legal.
10:05:43 When we reconsider, we reconsider exactly the
10:05:49 ordinance that was before us previously.
10:05:51 So my question to staff is, does the ordinance that
10:05:53 was before us address adjacent residential uses?
10:06:04 We have many residential uses that are in industrial
10:06:06 zoning.

10:06:07 So would the ordinance before us address that?
10:06:12 >>GLORIA MOREDA: No, it does not.
10:06:14 >>LINDA SAUL-SENA: I'm very willing to support
10:06:17 something other than the ordinance before us because I
10:06:19 think it's fine in industrial areas.
10:06:21 But the residential uses that are adjacent to the
10:06:23 industrial, I don't feel comfortable with that.
10:06:26 For that reason I won't be able to support dipping
10:06:30 dinghy appreciate, I think, where Mr. Harrison was
10:06:35 headed.
10:06:35 I think we should take it back to second reading.
10:06:38 I don't think we should adopt what is in front of us
10:06:41 at second reading.
10:06:42 I think we should have that public hearing.
10:06:44 I think we should then continue it and rewrite it and
10:06:48 take it back to first reading.
10:06:49 But we can't do that until we get to second reading.
10:06:53 So we have to accept the suggestion of reconsideration
10:06:58 so otherwise it's just going to die and the whole
10:07:01 thing will start over again.
10:07:04 So take it back to reconsideration.
10:07:07 And then I encourage us to reject it at that point.

10:07:10 But directing staff to rewrite it so you can keep it
10:07:13 alive and take it back to first reading.
10:07:16 And I am getting nods of yes from legal.
10:07:20 6 we have a motion and second for reconsideration.
10:07:22 (Motion carried).
10:07:23 >>THE CLERK: Saul-Sena, no.
10:07:27 >>CHARLES FLETCHER: I'm more confused actually than
10:07:33 when we started.
10:07:34 What we have done is we have moved that this be
10:07:37 reconsidered.
10:07:37 It will be placed on a future agenda for second
10:07:41 reading.
10:07:42 And it will be revised as described before the second
10:07:47 reading?
10:07:50 >>GWEN MILLER: We just made a motion to take it back
10:07:52 to second reading.
10:07:54 >>MARTIN SHELBY: If I can.
10:07:55 There has been no motion made as to the actions.
10:07:59 What you have before you is that you are willing to
10:08:00 reconsider.
10:08:01 The next motion will be the direction that you give
10:08:03 with regard to --

10:08:07 >>JOHN DINGFELDER: We can't do that till it comes back
10:08:09 to us.
10:08:11 >>MARTIN SHELBY: The motion has to be back when it
10:08:13 comes back for second reading so it allows lead time
10:08:16 and the legal requirements for adoption of an
10:08:20 ordinance.
10:08:20 >>GWEN MILLER: Ms. Cole, when can it come back for
10:08:23 second reading?
10:08:24 >>JULIA COLE: Legal department.
10:08:26 The soonest it can come back is two weeks so it can be
10:08:29 advertised in the paper for second reading and we can
10:08:32 work with the applicant.
10:08:34 And if we make changes that are not terribly
10:08:36 significant relating to what you are discussing, we
10:08:39 may be able to make those changes.
10:08:41 If not what we'll have to do is bring it back, send it
10:08:44 back to first reading.
10:08:46 >>GWEN MILLER: What date that, clerk, two weeks is
10:08:48 what?
10:08:49 >>THE CLERK: February 15th.
10:08:54 >>MARY ALVAREZ: So moved.
10:08:55 >>GWEN MILLER: At 9:30.

10:08:57 I have a motion and second.
10:08:58 (Motion carried).
10:08:59 >>STEVE MICHELINI: Ms. Cole asked me to put on the
10:09:03 record that we were willing to come back to you with
10:09:05 an amended ordinance for consideration for first
10:09:07 reading.
10:09:08 And we incorporate the residential protection measures
10:09:11 that do that for us.
10:09:14 We could in fact, with first reading in two weeks,
10:09:16 instead of kicking it back out.
10:09:21 >>LINDA SAUL-SENA: That's great.
10:09:22 >>STEVE MICHELINI: Legal staff do that and you have
10:09:26 our commitment on that.
10:09:27 >>GWEN MILLER: We are going to go to public comments.
10:09:29 >>THE CLERK: You need to vote on your motion for two
10:09:32 weeks for second reading.
10:09:33 >> So moved.
10:09:34 >> Second.
10:09:34 (Motion carried).
10:09:35 >>JOHN GRANDOFF: Good morning.
10:09:39 John Grandoff, suite 3700 Bank of America plaza. I
10:09:41 have one other item for reconsideration, if you may.

10:09:45 Very minor.
10:09:46 Last week, you set a public hearing on an application
10:09:50 for March 8th.
10:09:55 We cannot complete our site plan and meet the 13-day
10:09:58 rule, which would fall on February 21.
10:10:02 I have spoken to Mr. Schultz with the zoning
10:10:04 department.
10:10:05 And he is agreeable to resetting the hearing for April
10:10:08 12.
10:10:09 We have an opening.
10:10:10 That will give us abundant time to get the site done
10:10:13 right.
10:10:13 >>MARY ALVAREZ: So moved.
10:10:16 >> Second.
10:10:16 (Motion carried).
10:10:17 >>GWEN MILLER: The 12th.
10:10:26 >>JOHN GRANDOFF: It was on agenda item 41, Z-307-08.
10:10:31 So if that could just be rescinded.
10:10:34 And then have the application reset for April 12.
10:10:41 At your zoning hearing.
10:10:42 >>MARY ALVAREZ: Move to --
10:10:47 >>THE CLERK: I would have to check first to see if the

10:10:49 publication has been perfected.
10:10:54 >>GWEN MILLER: When will you know?
10:10:56 >>THE CLERK: I would have to go into the office and
10:10:58 check on it, if it has been published.
10:11:04 >>LINDA SAUL-SENA: Will you take responsibility for
10:11:06 letting people know who expressed interest in this at
10:11:09 the previous meeting that the date is being changed?
10:11:14 >>JOHN GRANDOFF: Yes.
10:11:15 He would didn't have any.
10:11:16 Certainly will.
10:11:17 Thank you for your time.
10:11:19 >>GWEN MILLER: We have a motion and second.
10:11:20 (Motion carried)
10:11:23 Now we go to public comment.
10:11:24 Anyone in the public that would like to speak to any
10:11:26 agenda item on the agenda not set for a public
10:11:28 hearing.
10:11:38 >>> My name is Susan Lowell, on the board of Old
10:11:43 Seminole Heights.
10:11:50 It's on the --
10:11:52 >>GWEN MILLER: It's not on the agenda.
10:11:53 Has to be on the agenda for you to speak on it.

10:11:56 Next.
10:12:03 >>MOSES KNOTT, JR.: I live at 2902 East Ellicott
10:12:06 street.
10:12:07 And I just thank God for his grace and his mercy.
10:12:14 If reason I'm saying that, I been in living hell.
10:12:19 Anyway, back to this morning.
10:12:21 I thank you all for letting me be a part of this gator
10:12:25 celebration this morning.
10:12:26 >>GWEN MILLER: Thank Mr. Harrison.
10:12:30 >>> I thank all of you all.
10:12:31 But Mr. Harrison, thank you very, very much for that.
10:12:36 You know, I been supporting gators for yourself and
10:12:39 years and I seen the basketball is going to win, and
10:12:45 these people got together.
10:12:48 They say, hey, you all, we going to win.
10:12:55 But I think these men went out, and poem called me,
10:13:00 you all going down, there ain't no way you all are
10:13:04 going to win.
10:13:06 People told me I'm a classroom clown, wearing all that
10:13:06 Gator stuff. And look at me now.
10:13:20 My life is a living hell about what you all were
10:13:22 talking about.

10:13:23 I heard you all talk about these pedophiles and
10:13:28 prostitutes and everything.
10:13:29 But you all never talk about stealing.
10:13:41 Come home twice and found my front door kicked down,
10:13:44 everything in my house gone.
10:13:46 The police pulled up my record.
10:13:48 You will see on there where thousands got stolen from
10:13:50 me.
10:13:50 And nothing done about it.
10:13:52 I told the police.
10:13:53 I said -- they said, we can't.
10:13:58 And when you come out when they got a black man, but I
10:14:05 mean I been abused on this stealing thing.
10:14:07 And, you know, yesterday, I went there to the captain
10:14:13 about two or three months ago, what they done over
10:14:15 there, they said the crime went down.
10:14:18 How the crime went down, all this thing about open
10:14:22 container and then they had another law they passed
10:14:24 about trespassing.
10:14:27 They put thousands and thousands.
10:14:35 Anyway, but I want to say about this thing, I want to
10:14:42 talk about this stealing thing.

10:14:43 Over in my part of town the flea market, the house,
10:14:52 business, everywhere.
10:14:53 And these barbed wire fences, razor fences, dogs, and
10:14:58 there are neighbors that hate dogs.
10:15:00 I mean the neighbors hate dogs.
10:15:06 They put the dogs in a pen and always want a dog.
10:15:11 I mean, number one thing.
10:15:13 Now the code enforcement now, in all the neighborhood,
10:15:17 when mayor Freedman created that thing, the Bible says
10:15:20 you must love your neighbor and work together.
10:15:23 I'm going to switch a little bit.
10:15:25 I know my time ran out.
10:15:26 This is black history month.
10:15:28 The one thing black people lost out on.
10:15:32 >>GWEN MILLER: Thank you.
10:15:36 Next.
10:15:41 >>> Good morning.
10:15:41 My name is Richard Camica, 8713 Palm Avenue.
10:15:46 And I apologize in advance if I use the wrong term or
10:15:49 terminology.
10:15:50 I'm here this morning to speak on behalf of Temple
10:15:53 Crest civic association.

10:15:54 >>GWEN MILLER: Which item is that on the agenda, sir?
10:15:56 It has to be on the agenda.
10:15:59 >>> It's a D item.
10:16:01 D-207-4.
10:16:03 >>GWEN MILLER: D item?
10:16:07 >>> Item 39.
10:16:16 >>> May I continue?
10:16:16 >>GWEN MILLER: One second.
10:16:23 >>> Resolution.
10:16:24 >>CHAIRMAN: Go ahead.
10:16:26 >>> As I was saying, I'm speaking on behalf of Temple
10:16:28 Crest civic association and with the approval and
10:16:31 consent of the association's president about this item
10:16:34 number 39, file D 2007-4.
10:16:41 We ask this procedure be continued until we in the
10:16:43 neighborhood find out what the petitioner is trying to
10:16:45 do with this property.
10:16:46 The association was not notified about the procedure.
10:16:49 No public signs were posted.
10:16:52 And the petition that they claim notice was made in
10:16:55 the free text newspaper but I have been told this was
10:16:58 in April of last year.

10:17:00 Research by the neighborhood in only the last 24 hours
10:17:03 has turned up some conflicting information, and more
10:17:07 coordination with staff is necessary to sort out the
10:17:09 facts.
10:17:10 Therefore, I request, again on behalf of the Temple
10:17:13 Crest civic association, that this action on this item
10:17:17 be continued to a later date.
10:17:19 >>GWEN MILLER: Thank you.
10:17:20 Is there anyone else that would like to speak?
10:17:24 We are going to go to item number 7.
10:17:26 We promised petitioner we would take it up at 10 a.m
10:17:30 So we go to item number 7.
10:17:44 Is there anyone in the public going to speak to this
10:17:48 item?
10:17:49 Item 70.
10:17:50 70.
10:18:12 70.
10:18:13 Seven-zero.
10:18:15 >>MARTIN SHELBY: If I may briefly, without taking up
10:18:18 too much time.
10:18:19 This is a quasi-judicial matter.
10:18:21 Madam Chair, I would ask that all written

10:18:23 communications relative to this hearing, the clerk is
10:18:28 telling me there is nothing to receive and file so
10:18:30 I'll move on and remind council to report any ex parte
10:18:33 communications and disclose fully prior to the vote.
10:18:36 When you state your name, please reaffirm that you
10:18:38 have been sworn.
10:18:38 I am going to put this little sign up there to remind
10:18:41 everybody.
10:18:41 Thank you.
10:18:44 >>BARBARA LEPORE: With land development.
10:18:46 I have been sworn.
10:18:47 I'm here to represent the case WZ 06-153.
10:18:54 2(APS) at the location at 1006 east Hillsborough
10:18:57 Avenue.
10:18:59 The sale of alcohol would be incidental to the sale.
10:19:09 2,000 square feet.
10:19:10 There are wet zoned establishments that are also
10:19:12 residential properties in the 1,000 walking distance.
10:19:18 The petitioner is requesting a waiver of the
10:19:23 operation.
10:19:23 Land development has no objection to the request.
10:19:26 The petition has been forwarded.

10:19:30 >>GWEN MILLER: Officer Miller?
10:19:35 >>> Officer Don Miller, City of Tampa police
10:19:37 department.
10:19:40 Tampa Police Department has no objection to this wet
10:19:42 zone.
10:19:42 >>GWEN MILLER: Petitioner?
10:19:50 >>> I have been sworn in.
10:19:51 This is the second hearing on this petition.
10:19:57 The first was about two weeks ago and there were some
10:20:00 discrepancies found.
10:20:02 I contacted Mr. Randy baron.
10:20:05 We spoke.
10:20:06 He said he had no objection.
10:20:08 However, he did have some concerns.
10:20:11 I said that I was aware of the concerns, and I would
10:20:14 be concerned as well.
10:20:16 You have to keep in mind this is a 2(APS), alcohol to
10:20:20 take out.
10:20:22 Anything that is done on our premises that regards the
10:20:27 alcohol, mixed use of alcohol, of course, we take
10:20:35 responsibility of not tolerating that, and I
10:20:38 understand keep the area clear, and anything that does

10:20:47 come up, abuse of alcohol, and basically, he said he
10:20:53 had no objections.
10:20:56 And I would like to hear also, other people, anybody
10:21:04 else that wishes to speak on the subject.
10:21:08 >>MARY ALVAREZ: (off microphone).
10:21:13 >>> It's a Hispanic store.
10:21:19 The first one actually in Tampa.
10:21:25 >> Do you have a pay telephone outside?
10:21:32 >>> No, there is no telephone.
10:21:33 >> Your hours of operation?
10:21:35 >>> Monday open 8:30 and close at eight in the
10:21:39 evening.
10:21:41 Friday the same.
10:21:42 Saturday and Sundays till 4:00.
10:21:49 >>GWEN MILLER: Is there anyone in the public that
10:21:50 wants to speak on item number 70?
10:21:56 >>> My name is Susan long, and I have been sworn in.
10:22:08 We have been over and looked at this.
10:22:10 The inside is absolutely immaculate.
10:22:14 Beautiful.
10:22:14 I have never seen a convenience store anywhere that
10:22:17 clean.

10:22:18 Our concerns, however, are not with the current
10:22:20 owners.
10:22:21 They are with the geographic location which the owners
10:22:23 can't do anything about.
10:22:24 That particular corner, 9th and Hillsborough, is
10:22:27 notorious for prostitution and drug problems.
10:22:30 Although we don't have any problem with the wet
10:22:32 zoning, we would like to put some restrictions on it.
10:22:36 One, we would like to make it provisional so if it
10:22:39 ever sells it doesn't automatically become wet zoned
10:22:42 for the following owner.
10:22:43 The other thing is that we would like to request that
10:22:46 they sell no singles.
10:22:48 And that the hours be restricted to no later than 9:00
10:22:53 or 10:00 at nature.
10:22:55 >>CHAIRMAN: She said 8:30.
10:22:58 >>> I understand that but they can change that at
10:23:00 their whim and we would like to place restrictions.
10:23:03 Other than that we have no problem.
10:23:04 >>GWEN MILLER: Does anyone else want to speak?
10:23:09 >> Move to close.
10:23:10 >> We can't.

10:23:12 >>GWEN MILLER: Petitioner, come back up again.
10:23:15 Come on up.
10:23:24 >>> I heard her concerns.
10:23:25 And if we do sell, we have also the owners of the
10:23:33 building, the two buildings adjacent to that.
10:23:41 We would still be responsible of who we are leasing to
10:23:44 and what happens in that area.
10:23:47 So I do not see why there should be a restriction, if
10:23:52 we have the wet zoning, and the land in the future.
10:24:01 But if in the future the wet zoning is under our name,
10:24:07 we are responsible on that property.
10:24:13 So as far as that limitation goes, I don't see how is
10:24:19 that.
10:24:27 Then other owners would have to come in and request
10:24:28 wet zoning.
10:24:30 So if we were to lease out the property in the future,
10:24:33 they would automatically have the wet zoning?
10:24:36 That's a question that I have.
10:24:38 >>GWEN MILLER: Ms. Kert.
10:24:39 >>REBECCA KERT: Legal department.
10:24:44 Two of the conditions, City Council can only look at
10:24:50 the location as to whether or not the wet zoning is

10:24:53 appropriate.
10:24:53 You cannot tie it to the individual.
10:24:55 That's one thing that the state has sole priority
10:24:58 over.
10:24:59 In addition, you would have conditions that the tip of
10:25:04 sales be on the -- beyond the -- you have 1(APS).
10:25:09 When you get into details, you could condition it to
10:25:14 hours of operation.
10:25:16 >>LINDA SAUL-SENA: But City Council does have the
10:25:18 ability to make it conditional, we'll try it and see
10:25:22 how it goes and then come back next year.
10:25:24 That's not owner dependent.
10:25:25 It's specific to this location.
10:25:29 >>REBECCA KERT: That's true.
10:25:29 If the applicant wants to request a one-year
10:25:31 conditional.
10:25:32 That is within your purview.
10:25:34 >> I know there are major problems with prostitution
10:25:36 in this area and I appreciate that you are running a
10:25:38 great store.
10:25:39 But I think with a one-year conditional it would be
10:25:42 great and also hours of operation.

10:25:43 Those are things within our purview.
10:25:46 And I think that would be good.
10:25:48 >>MARY ALVAREZ: I don't think I can support that, Ms.
10:25:51 Saul-Sena.
10:25:52 Prostitution is not your problem.
10:25:54 It's a problem for the police department.
10:25:55 And we can request the police department to go out
10:25:58 there and do a little survey and get rid of them.
10:26:04 And this is a family owned business.
10:26:06 And she's willing to comply with everything along with
10:26:10 the hours of operation.
10:26:11 And it's only a 2(APS).
10:26:14 So I won't be able to support that.
10:26:17 >>GWEN MILLER: We need to close the public hearing.
10:26:19 >>MARY ALVAREZ: So moved.
10:26:20 >> Second.
10:26:20 (Motion carried).
10:26:21 >>GWEN MILLER: Mrs. Alvarez, will you read it, please?
10:26:26 >>MARY ALVAREZ: An ordinance making lawful the sale of
10:26:32 beverages containing alcohol of more than 1% by weight
10:26:34 and not more than 14% by weight and wines regardless
10:26:36 of alcoholic content beer and wine 2(APS) in sealed

10:26:39 containers for consumption off premises only at or
10:26:42 from that certain lot, plot or tract of land located
10:26:45 at 1006 east Hillsborough Avenue, Tampa, Florida as
10:26:49 more particularly described in section 2 hereof
10:26:52 waiving certain restrictions as to distance based upon
10:26:54 certain findings, providing for repeal of all
10:26:57 ordinances in conflict, providing an effective date.
10:27:00 >> Second.
10:27:00 >>GWEN MILLER: We have a motion and second.
10:27:02 Question, Mrs. Saul-Sena.
10:27:03 >>LINDA SAUL-SENA: Does that include the hours of
10:27:05 operation?
10:27:06 >>MARY ALVAREZ: The hours of operation she mentioned
10:27:09 which is 8:00.
10:27:11 >>MARTIN SHELBY: I don't believe that is in the
10:27:13 present ordinance as it is presented to council.
10:27:17 >>REBECCA KERT: It isn't but I would be happy to redo
10:27:20 the ordinance and bring it back to you.
10:27:27 >> Just so we are clear let's go with the hours of
10:27:30 operation mentioned by the ladies from Seminole
10:27:32 Heights, not necessarily the 8:00 that was
10:27:33 mentioned --

10:27:35 >>GWEN MILLER: But she said 8:00.
10:27:37 >>MARY ALVAREZ: She said eight to eight.
10:27:40 4:00 on Sunday.
10:27:46 >> Give her some flexibility.
10:27:47 >>MARTIN SHELBY: If I can.
10:27:48 Could we just reopen the public hearing?
10:27:52 >> So moved.
10:27:53 >> Second.
10:27:53 >>GWEN MILLER: And redo this ordinance?
10:27:55 Motion and second to reopen.
10:27:56 (Motion carried).
10:27:58 Ms. Kert, are you going to bring it back this morning?
10:28:01 >>REBECCA KERT: You do have a lot of other wet zonings
10:28:05 to be done this morning.
10:28:07 I will do my best to bring it back.
10:28:09 >>MARTIN SHELBY: I'm sorry, this is my concern.
10:28:13 If my memory servings me correct we already had this
10:28:16 lady come back once.
10:28:18 And I would rather not have to make her come back.
10:28:21 >>GWEN MILLER: She's going to put the hours of
10:28:24 operation in the ordinance and read it then.
10:28:27 Just to put the hours of operation in there.

10:28:28 And then we will re-read it and then pass it.
10:28:33 Ms. Saul-Sena.
10:28:33 >>LINDA SAUL-SENA: I think this lady is well -- but I
10:28:39 will not be able to support this because I think it
10:28:40 would be better protection for the neighborhood if
10:28:42 this came in with a conditional use.
10:28:44 We had a year to see how it goes.
10:28:45 And then it would come back for a final.
10:28:48 I think this neighborhood, the residential part of
10:28:51 this neighborhood, has invested so much energy and
10:28:53 money in terms of rebuilding that home.
10:28:57 The commercial areas have been a problem.
10:28:59 We want to see healthy, good, positive, commercial
10:29:03 uses.
10:29:04 And I just encourage my colleagues to say let's
10:29:09 protect the neighborhood, make this conditional, and
10:29:14 she'll get to do it for a year.
10:29:16 And if she does the good job that I anticipate, then
10:29:19 there won't be any problem with her coming back at the
10:29:21 end of the year and getting final approval.
10:29:25 But I think that level of the year's protection is
10:29:28 significant and what the neighborhood is requesting

10:29:31 and I think we should respect that.
10:29:34 So I encourage since legal is going to have to rewrite
10:29:38 something anyway, I request that legal put in
10:29:42 conditional.
10:29:44 >>GWEN MILLER: We don't have to put that in there.
10:29:47 >>LINDA SAUL-SENA: Yes, we can.
10:29:52 We reopened the public hearing.
10:29:53 I would like to hear from the applicant and see if she
10:29:55 would be willing to request a conditional use.
10:29:59 >>> I understand your point of view, Ms. Saul-Sena.
10:30:01 And granted that, yes, we can go on a conditional use,
10:30:08 because I am for the well-being of the neighborhood.
10:30:13 I'm a mother of two myself.
10:30:14 And I want to make sure that we provide a good store
10:30:19 with nothing happening.
10:30:26 So it's a conditional use after one year and we will
10:30:33 be monitored.
10:30:34 Then you will see that there is no problem.
10:30:36 >>LINDA SAUL-SENA: Thank you very much.
10:30:38 >>MARY ALVAREZ: How much was your fee when you came?
10:30:47 >>> The certificate of mailing and all that?
10:30:52 >> Yes.

10:30:53 How much does it cost to come back?
10:30:59 >>> Eleven hundred at this time.
10:31:00 >>MARY ALVAREZ: Eleven hundred?
10:31:03 >> Could that be waived?
10:31:05 >>GWEN MILLER: This is a family owned business.
10:31:07 >>GWEN MILLER: We don't need to have that
10:31:08 conditioning.
10:31:10 >>LINDA SAUL-SENA: Can we waive the fee?
10:31:12 >>MARY ALVAREZ: No, we can't waive the fee.
10:31:14 She's coming back.
10:31:15 That's what happened to the kids on Swann Avenue.
10:31:18 You know what?
10:31:19 They closed.
10:31:23 >>GWEN MILLER: Will you be able to bring the ordinance
10:31:25 back for read dag?
10:31:28 Thank you.
10:31:28 We now go to item number 12.
10:31:30 >>LINDA SAUL-SENA: Wait a minute, what happened?
10:31:33 I don't understand.
10:31:34 >>MARTIN SHELBY: I believe what we need is direction
10:31:36 to legal pending -- the hearing is now open.
10:31:41 It's still on the agenda.

10:31:42 So what action do you wish council to take in the form
10:31:44 of a motion?
10:31:45 >>GWEN MILLER: We reopened it so that Ms. Kert can
10:31:48 bring the ordinance back.
10:31:50 >>MARTIN SHELBY: The question is --
10:31:51 >>GWEN MILLER: We are going to put in time condition
10:32:01 No later than ten.
10:32:05 >>MARTIN SHELBY: Any restriction on days?
10:32:08 >>GWEN MILLER: Going to close early on Sunday at four.
10:32:12 >>MARTIN SHELBY: With regard to the conditional, is
10:32:14 there consent by council with regard to that?
10:32:17 >>GWEN MILLER: I would not support that either.
10:32:20 >>MARTIN SHELBY: I see no consensus then.
10:32:22 Therefore, do you need any additional direction, Ms.
10:32:24 Kert?
10:32:25 >>REBECCA KERT: No, as long as there is a motion made.
10:32:29 >>MARTIN SHELBY: Ask legal to make those changes and
10:32:32 bring it back today?
10:32:34 >>MARY ALVAREZ: Yes.
10:32:35 I make a motion that legal make the changes that we
10:32:39 discussed.
10:32:40 Not including the conditional.

10:32:41 >>GWEN MILLER: We have a motion and second.
10:32:44 Discussion on the motion.
10:32:45 >>LINDA SAUL-SENA: I want to thank the petitioner for
10:32:48 being willing to accept the conditional and I will
10:32:50 work in the future with legal to see if we can change
10:32:53 the fee so that it doesn't put as much of a burden on
10:32:56 the property owner, but that it gives the neighborhood
10:32:59 and council the ability to take a look at how the year
10:33:04 has gone.
10:33:04 But I really want you to know how much I appreciate
10:33:07 your willingness to accept that.
10:33:09 >>> It's my pleasure, Ms. Saul-Sena.
10:33:11 Like I mentioned earlier we are a family owned
10:33:13 business, and we are also, you know, to ensure no harm
10:33:18 is done to the neighborhood and to protect the
10:33:20 well-being of our business as well.
10:33:23 >>LINDA SAUL-SENA: Thank you.
10:33:23 >>GWEN MILLER: We have a motion and second on the
10:33:25 floor.
10:33:25 (Motion carried)
10:33:27 We go to item number 12.
10:33:29 Saul-Sena

10:33:30 >>MARY ALVAREZ: What do we do with the ordinance?
10:33:33 >>MARTIN SHELBY: The ordinance?
10:33:34 Well, you read it.
10:33:35 >>GWEN MILLER: But we didn't vote on it.
10:33:37 >>MARTIN SHELBY: The motion wasn't opened.
10:33:40 >>GWEN MILLER: Opened the public hearing.
10:33:41 >>MARY ALVAREZ: Got it.
10:33:43 >>LINDA SAUL-SENA: What I would like to do is request
10:33:46 that the staff examine the fees charged for
10:33:53 conditional uses with an eye toward lowering the fees
10:33:59 when a petition comes back as a conditional use, so
10:34:03 that the cost of the fee doesn't preclude the
10:34:07 neighborhood and council having the knowledge of how
10:34:13 the year in business has gone and that I get a report
10:34:17 back in 30 days on the ability to lower the fee.
10:34:19 >>MARY ALVAREZ: I second that motion for discussion.
10:34:23 But I would like to know, is that $1100 include the
10:34:28 postage?
10:34:33 >>BARBARA LEPORE: That's just the application fee.
10:34:38 Covered by the petitioner, the applicant.
10:34:40 >>MARY ALVAREZ: Okay.
10:34:41 So it could be up to 13, $1400.

10:34:47 I'll second your motion.
10:34:49 But we have to make it reasonable, Ms. Saul-Sena.
10:34:52 >>LINDA SAUL-SENA: That's why I made the motion.
10:34:54 >>MARY ALVAREZ: I know you did but I want to make
10:34:55 sure.
10:34:56 >>CHARLES FLETCHER: I guess this is a question for
10:34:59 legal.
10:34:59 There are other types of permitting that allows an
10:35:02 approval to be issued, allows the approving body to
10:35:06 come back after a period of time, or to make the
10:35:09 approval for a period of time.
10:35:13 Was that a new application in which you would write
10:35:16 the license so that the city would have the ability to
10:35:21 take action on that and either continue it or not
10:35:24 continue it after a period of, in this case I guess we
10:35:27 are discussing a year.
10:35:28 Is that available in these wet zoning situations?
10:35:33 >>REBECCA KERT: Legal department.
10:35:33 I would be happy to look at that and come back to you.
10:35:36 We are planning on in very short order bringing back
10:35:39 some very substantive provisions to chapter 3 and
10:35:42 would be happy to look at that when we come back.

10:35:44 >> Because that would allow Ms. Saul-Sena's issue of
10:35:47 being able to revisit this without going through the
10:35:50 entire process and the cost to the applicant.
10:35:53 >>GWEN MILLER: Mr. Harrison?
10:35:54 >>SHAWN HARRISON: Yes.
10:35:56 We are dealing with a situation where there's already
10:35:58 been a use in place and it's just a review, I would be
10:36:00 in favor.
10:36:01 But remember these are true user fees.
10:36:04 And when don't want to -- we don't want to get
10:36:07 ourselves in a situation where we are reducing those,
10:36:10 and it's going to have to be picked up by the general
10:36:12 fund.
10:36:12 So kind of keep that in mind in the review.
10:36:18 >>GWEN MILLER: We have a motion and second.
10:36:19 (Motion carried).
10:36:21 >>MARY ALVAREZ: I would like to make a motion to ask
10:36:28 the Tampa Police Department to go out on east
10:36:32 Hillsborough Avenue and check for prostitution and
10:36:36 drug use that supposedly is happening out there.
10:36:40 And I would like a report back within 30 days to make
10:36:44 sure that everything is being complied with in that

10:36:48 area.
10:36:48 >>GWEN MILLER: Second?
10:36:50 >>LINDA SAUL-SENA: Second.
10:36:50 (Motion carried).
10:36:52 >>GWEN MILLER: Can we go to 12 now?
10:36:58 Okay, item 12.
10:37:05 Read number 12, please.
10:37:07 First reading.
10:37:18 >> An ordinance vacating, closing, discontinuing, and
10:37:21 abandoning a certain right-of-way, a portion of
10:37:24 Sterling circle lying north of Euclid Avenue, south of
10:37:27 Kensington, west of Himes Avenue and east of Dale
10:37:30 Mabry Highway, in Bel-Mar revised unit number 7, a
10:37:35 subdivision of the City of Tampa, Hillsborough County,
10:37:37 Florida, the same being more fully described in
10:37:40 section 2 hereof, providing an effective date.
10:37:41 >>GWEN MILLER: I have a motion and second.
10:37:43 (Motion carried).
10:37:45 >>MARTIN SHELBY: So the public is aware the second
10:37:54 public hearing and the adoption of public hearing
10:37:55 second reading will be, I believe, scheduled for the
10:38:00 15th, is that correct?

10:38:01 >>GWEN MILLER: Second reading, February 15th.
10:38:04 Item 13.
10:38:05 Mrs. Saul-Sena.
10:38:11 >>LINDA SAUL-SENA: I would like to move an ordinance
10:38:16 of is the city of Tampa, Florida, 17.5, article IV,
10:38:23 land development Variance Review Board, amending
10:38:25 section 17.5-74 application of the variance power
10:38:29 providing for severability providing for repeal of all
10:38:31 ordinances in conflict providing an effective date.
10:38:33 (Motion carried).
10:38:35 >>CHAIRMAN: Number 14.
10:38:35 >>SHAWN HARRISON: An ordinance of City of Tampa,
10:38:40 Florida, amending chapter 22 City of Tampa code of
10:38:43 ordinances creating section 22-135 transit shelter
10:38:47 advertising, repealing all ordinances or parts of
10:38:50 ordinances in conflict therewith, providing for
10:38:53 severability, providing an effective date.
10:38:54 (Motion Carried).
10:38:55 >>MARTIN SHELBY: The second readings, all first
10:39:00 readings today, are scheduled for 9:30 on the
10:39:03 15th, I believe.
10:39:05 >> Yes.

10:39:06 >>GWEN MILLER: We now go to our committee reports.
10:39:08 Parks and recreation.
10:39:09 Mr. Frank Reddick.
10:39:10 >>FRANK REDDICK: I move resolution 15 through 16.
10:39:14 >> Second.
10:39:14 (Motion carried)
10:39:15 >> Public Works Committee, Mr. John Dingfelder.
10:39:22 >>JOHN DINGFELDER: I move items 17 through 25.
10:39:26 >> Second.
10:39:27 (Motion carried).
10:39:36 >> Our solid waste department is doing innovative
10:39:38 things, to be commended.
10:39:40 >>CHARLES FLETCHER: I move 26 through 31.
10:39:48 >> Second.
10:39:48 (Motion carried).
10:39:49 >>GWEN MILLER: Building and zoning, Ms. Linda
10:39:52 Saul-Sena.
10:39:55 >>SHAWN HARRISON: On item 39 there was a question
10:39:56 raised by the Temple Crest civic association.
10:39:59 I would like to have that pulled for a period of one
10:40:03 week while we explore whether notice was proper.
10:40:11 >> Ms. Cole?

10:40:15 >>JULIA COLE: Legal department.
10:40:16 We have been advised regard this issue.
10:40:20 This was a previously approved plat and that has
10:40:23 different notification requirements relating to zoning
10:40:26 or other quasi-judicial processes.
10:40:28 The only notice requirement is notice in a paper of
10:40:31 general irk -- circulation.
10:40:34 We generally do that.
10:40:36 In terms of notice, it is properly noticed and able to
10:40:41 go forward.
10:40:42 I do understand that part of the request is to have
10:40:47 conversation further conversation was staff to find
10:40:49 out what is in fact happening.
10:40:51 That is appropriate but I did want to let council know
10:40:54 it is properly noticed.
10:40:57 >>SHAWN HARRISON: I think it's good to have a week for
10:40:59 everybody to get on the same page.
10:41:01 >>JOHN DINGFELDER: Second.
10:41:02 >>MARTIN SHELBY: Do we have a petitioner, anybody else
10:41:10 who would want to speak?
10:41:11 >>CHAIRMAN: Ms. Cole, will you come back?
10:41:15 Ms. Cole?

10:41:17 Mr. Fletcher has a question.
10:41:19 >>CHARLES FLETCHER: I'm just curious, if there is an
10:41:22 applicant who is here that would want to speak to
10:41:24 this, or if they are okay with this.
10:41:27 We typically do that when we move these.
10:41:29 >>GWEN MILLER: Is the applicant here?
10:41:31 >>JULIA COLE: I'm not sure the applicant is here but
10:41:36 we'll inform the applicant that this is being continue
10:41:40 add week.
10:41:41 >>GWEN MILLER: Motion and second to continue item
10:41:43 number 39.
10:41:45 >>THE CLERK: Resolutions for replats, those are not
10:41:50 required to be published.
10:41:51 >>SHAWN HARRISON: I still think it's a good idea, the
10:41:53 question has been raised.
10:41:55 >>LINDA SAUL-SENA: Absolutely.
10:41:56 >>JOHN DINGFELDER: That's why I second the motion.
10:41:59 >>SHAWN HARRISON: I know.
10:42:01 >>GWEN MILLER: Continue for a week.
10:42:03 >>LINDA SAUL-SENA: Why don't we just move ahead, okay?
10:42:10 >>GWEN MILLER: Wait a minute.
10:42:17 Somebody is saying something.

10:42:19 >>JULIA COLE: I know we have it in our record but it
10:42:22 was published.
10:42:24 I'm not sure that it's published through here but it
10:42:27 is published.
10:42:28 It was properly published.
10:42:29 But a week continuance to get everybody on the same
10:42:34 page is appropriate.
10:42:35 >>LINDA SAUL-SENA: Move resolutions 32 through 38 and
10:42:38 40 through 46.
10:42:39 >>SHAWN HARRISON: Second.
10:42:40 (Motion carried)
10:42:44 transportation, Mr. Shawn Harrison.
10:42:45 >>SHAWN HARRISON: Move items 47 through 51.
10:42:53 (Motion Carried).
10:42:53 >>SHAWN HARRISON: Move to set the new business items
10:42:56 52 through 56.
10:42:58 >> Second.
10:42:58 (Motion carried).
10:42:59 >>MARTIN SHELBY: Madam Chair, we have had a request to
10:43:03 recall item 30.
10:43:06 I believe there's an issue on item 30.
10:43:16 >>BARBARA LEPORE: Land development.

10:43:20 This is a temporary request for wet zoning.
10:43:29 There is a request, signed the letter.
10:43:32 I went back to check again if the letter has been
10:43:36 signed.
10:43:36 The letter has not been signed.
10:43:38 So I would propose this application be continued to
10:43:43 the next week.
10:43:47 >>SHAWN HARRISON: Move to rescind.
10:43:49 >> Second.
10:43:49 >>GWEN MILLER: Motion and second to rescind.
10:43:50 (Motion carried).
10:43:52 >> Move to continue number 30 --
10:43:54 >>GWEN MILLER: One week.
10:43:57 We have a motion and second.
10:43:57 (Motion carried).
10:43:58 >>GWEN MILLER: We now go to our public hearings for
10:44:01 second reading.
10:44:02 Anyone in the public that's going to speak on item 57
10:44:04 through 66, will you please stand and raise your right
10:44:08 hand?
10:44:20 Anyone who is going to speak on 57 through 66.
10:44:22 (Oath administered by Clerk).

10:44:24 >>GWEN MILLER: Mr. Shelby?
10:44:26 >>MARTIN SHELBY: Just a reminder again if there's any
10:44:28 ex parte communication please disclose them prior to
10:44:31 the vote.
10:44:31 Ladies and gentlemen, if you do take the opportunity
10:44:32 to speak, please reaffirm when you state your name
10:44:35 that you have been sworn.
10:44:36 Thank you, Madam Chair.
10:44:37 >>GWEN MILLER: We need to open item 57 through 63.
10:44:51 (Motion carried).
10:44:52 >> Move to adopt the following ordinance upon second
10:44:55 reading, an ordinance of the city of Tampa, Florida
10:44:57 amending chapter 3 alcoholic beverages, City of Tampa
10:45:04 code of ordinances amending section 3-30 alcoholic
10:45:08 zoning classification amending section 3-40
10:45:11 consumption and possession of open containers on
10:45:14 streets, sidewalks, alleys and other public property
10:45:16 providing for re Pell of all ordinances in conflict,
10:45:19 providing for severability, providing an effective
10:45:20 date.
10:45:24 7 I have a motion and second.
10:45:25 Vote and record.

10:45:38 >>THE CLERK: Motion carried unanimously.
10:45:40 >>GWEN MILLER: Is there anyone in the public to speak
10:45:41 on item 58?
10:45:42 >> Move to close.
10:45:43 >> Second.
10:45:45 Always Alvarez move an ordinance on second reading, an
10:45:49 ordinance authorizing the construction and
10:45:50 installation of a proposed encroachment building over
10:45:53 a certain public right-of-way a portion of the alley
10:45:56 lying between lots 1 and 8 in block 9 of Oscawana
10:45:59 generally located between South Howard Avenue and
10:46:01 south Westland Avenue as more particularly described
10:46:04 herein upon certain terms, covenants, conditions and
10:46:06 agreements, providing an effective date.
10:46:10 ENC-06-15.
10:46:16 >>JOHN DINGFELDER: Can somebody remind me what that
10:46:19 encroachment was?
10:46:21 Does anybody remember?
10:46:22 >>GWEN MILLER: Vote and record.
10:46:26 >>JOHN DINGFELDER: Wait, wait.
10:46:27 >>GWEN MILLER: Nobody knows.
10:46:29 >>JOHN DINGFELDER: Well, so I can vote.

10:46:32 Otherwise I'll abstain.
10:46:34 Mr. Shelby won't let me abstain.
10:46:38 >>LINDA SAUL-SENA: Then let's get a staff person.
10:46:50 >>MARY ALVAREZ: On the corner of South Howard and
10:46:53 south --
10:46:56 >>LINDA SAUL-SENA: I agree.
10:46:58 I was searching my mind.
10:46:59 And the property -- if you go in your record, the
10:47:03 property owner owns property on both side of the
10:47:08 street and the alleys in the middle.
10:47:10 But you don't remember testimony from the adjacent
10:47:12 neighbors.
10:47:15 >>GWEN MILLER: I don't know what the encroachment is
10:47:17 or what the extent of the encroachment is.
10:47:23 Mr. Grandoff?
10:47:24 >>GWEN MILLER: Nobody is here.
10:47:30 >>JULIA COLE: I don't think the staff person is here.
10:47:33 It has been transferred.
10:47:34 If you want to continue that.
10:47:35 >>JOHN DINGFELDER: I'm sorry.
10:47:40 Thank you.
10:47:46 >>MARTIN SHELBY: The public hearing, madam clerk, is

10:47:48 it open?
10:47:49 >>LINDA SAUL-SENA: I move to reopen.
10:47:51 >> Second.
10:47:51 (Motion carried).
10:47:51 >>JOHN GRANDOFF: I apologize.
10:47:57 I didn't have the file.
10:47:58 I am not sworn either.
10:48:00 (Oath administered by Clerk)
10:48:08 John Grandoff, suite 3700 Bank of America Plaza, item
10:48:11 number 59?
10:48:13 >>GWEN MILLER: 58.
10:48:15 >>JOHN GRANDOFF: I'm sorry.
10:48:17 I apologize.
10:48:18 Let me turn back.
10:48:21 It is.
10:48:21 It's 58.
10:48:23 E-2007-06.
10:48:26 This is a property in which it's going to have a
10:48:33 parking lot span over the alley.
10:48:34 And under your encroachment ordinance we requested
10:48:37 permission to encroach on the alley.
10:48:39 It was not a vacating.

10:48:40 The alley remains public.
10:48:42 And solid waste approved it.
10:48:45 That's what it is.
10:48:47 >>LINDA SAUL-SENA: Thank you for the clarification.
10:48:48 >>GWEN MILLER: Is that okay now, Mr. Dingfelder?
10:48:51 >>JOHN DINGFELDER: So we are giving them easement --
10:48:56 >>LINDA SAUL-SENA: To go over it.
10:48:58 >>> We don't receive any interest in land.
10:49:00 Not even in easement.
10:49:01 We have permission to encroach over the alley with a
10:49:04 structure.
10:49:05 A cellular situation I handled was on Whiting Street,
10:49:07 for instance, near Ashley.
10:49:09 100 north Tampa.
10:49:10 Some of the cornices encroach over Whiting Street.
10:49:16 Downtown know it unless you look up.
10:49:18 It's the same principal.
10:49:19 >> So no obstruction of the alley itself and
10:49:21 transportation had no objection?
10:49:23 >>> That's right.
10:49:23 And we are providing insurance also.
10:49:25 And in a objection from transportation or solid waste.

10:49:28 >> Thanks for the clarification.
10:49:29 Thank you, council.
10:49:30 >>GWEN MILLER: We need to close the public hearing.
10:49:32 >> So moved.
10:49:32 >> Second.
10:49:33 (Motion carried).
10:49:33 >>GWEN MILLER: Vote and record.
10:49:43 >> Does anyone want to speak on item 59?
10:49:50 >> Move to close.
10:49:51 >> Second.
10:49:51 (Motion carried).
10:49:52 >>JOHN DINGFELDER: Move the following ordinance upon
10:49:57 second reading, an ordinance vacating, closing,
10:49:58 discontinuing, and abandoning a certain right-of-way
10:50:01 all that portion of north church Avenue lying south of
10:50:06 west south Avenue West of Dale Mabry Highway State
10:50:09 Road 580 and east of north Cortez Avenue in re-plat of
10:50:13 Drew Park a subdivision in the City of Tampa,
10:50:16 Hillsborough County Florida the same being more fully
10:50:18 described in section 2 hereof providing an effective
10:50:19 date.
10:50:19 >>GWEN MILLER: I have a motion and second.

10:50:21 Vote and record.
10:50:31 (Motion carried).
10:50:32 >>GWEN MILLER: Is there anyone in the public that
10:50:33 wants to speak on item 60?
10:50:35 >> Move to close.
10:50:35 >> Second.
10:50:36 (Motion carried).
10:50:36 >>JOHN DINGFELDER: Move the following ordinance upon
10:50:42 second reading, an ordinance making lawful the sale of
10:50:45 beverages containing alcohol of more than 1% by weight
10:50:47 and not more than 14% by weight and wines regardless
10:50:50 of alcoholic content, beer and wine, 2(APS), in sealed
10:50:53 containers for consumption off premises only at or
10:50:56 from that certain lot, plot or tract of land located
10:50:59 at 1544 North Dale Mabry highway, Tampa, Florida as
10:51:02 more particularly described in section 2 hereof
10:51:04 waiving certain restrictions as to distance based upon
10:51:07 certain findings, providing for repeal of all
10:51:09 ordinances in conflict, providing an effective date.
10:51:11 >> Motion and second.
10:51:12 Vote and record.
10:51:21 (Motion carried).

10:51:22 >> Is there anyone in the public that wants to speak
10:51:23 on item 61?
10:51:25 >> Move to close.
10:51:25 >> Second.
10:51:26 (Motion carried).
10:51:26 >>FRANK REDDICK: Move to adopt the following ordinance
10:51:32 upon second reading.
10:51:33 An ordinance making lawful the sale of beverages
10:51:35 containing alcohol of more than 1% by weight and not
10:51:38 more than 14% by weight and wines regardless of
10:51:42 alcoholic content, beer and wine, 2(COP-R), for
10:51:47 consumption on the premises only in connection with a
10:51:50 restaurant business establishment on that certain lot,
10:51:53 plot or tract of land located at 713 North Franklin
10:51:55 Street, Tampa, Florida, as more particularly described
10:51:59 in section 2 hereof, waiving certain restrictions as
10:52:02 to distance based upon certain findings, imposing
10:52:05 certain conditions, providing for repeal of all
10:52:07 ordinances in conflict, providing an effective date.
10:52:10 >>GWEN MILLER: I have a motion and second.
10:52:12 Vote and record.
10:52:17 >>THE CLERK: Motion carried.

10:52:19 >>GWEN MILLER: Is there anyone in the public that
10:52:21 wants to speak on item 62?
10:52:23 >> Move to close.
10:52:23 >> Second.
10:52:24 (Motion carried).
10:52:24 >>FRANK REDDICK: Move to adopt the following ordinance
10:52:29 on second reading, an ordinance making lawful the sale
10:52:32 of beverages containing alcohol of more than 1% by
10:52:35 weight and not more than 14% by weight and wines
10:52:38 regardless of alcoholic content, beer and wine,
10:52:41 2(APS), in sealed containers for consumption off
10:52:46 premises only at or from that certain lot, plot or
10:52:49 tract of land located at 2223 Westshore Boulevard,
10:52:53 university U-201-A, Tampa, Florida, as more
10:52:58 particularly described in section 2 hereof, waiving
10:53:00 certain restrictions as to distance based upon certain
10:53:03 findings, providing for repeal of all ordinances in
10:53:05 conflict, providing an effective date.
10:53:08 >>GWEN MILLER: I have a motion and second.
10:53:09 Vote and record.
10:53:18 (Motion carried).
10:53:18 >>GWEN MILLER: Is there anyone in the public that

10:53:20 wants to speak on item 63?
10:53:22 >>MARY ALVAREZ: Move to close.
10:53:23 >>LINDA SAUL-SENA: Second.
10:53:24 (Motion carried).
10:53:24 >>CHARLES FLETCHER: Move AP ordinance making lawful
10:53:32 the sale of beverages containing alcohol regardless --
10:53:38 move to adopt an ordinance making lawful the sale of
10:53:42 beverages containing alcohol regardless of alcoholic
10:53:45 content, beer, wine and liquor, 4(COP-R), for
10:53:50 consumption on the premises only in connection with a
10:53:54 restaurant business establishment on that certain lot,
10:53:58 plot or tract of land located at 2202 West Kennedy
10:54:03 Boulevard, Tampa, Florida as more particularly
10:54:06 described in section 2 hereof, waiving certain
10:54:08 restrictions as to distance based on certain findings,
10:54:11 providing for repeal of all ordinances in conflict,
10:54:14 providing an effective date.
10:54:15 >>GWEN MILLER: I have a motion and second.
10:54:17 Vote and record.
10:54:24 >>THE CLERK: Motion carried.
10:54:27 >>GWEN MILLER: Is there anyone in the public that
10:54:29 wants to speak on item 64?

10:54:31 >> Move to close.
10:54:31 >> Second.
10:54:32 (Motion carried).
10:54:32 >>LINDA SAUL-SENA: I'd like to move the following
10:54:38 ordinance upon second reading, an ordinance amending
10:54:41 ordinance 97-35 making lawful the sale of beverages
10:54:44 containing alcohol regardless of alcoholic content,
10:54:46 beer, wine and liquor, 4(COP-X), for consumption on
10:54:50 premises only at or from that certain lot, plot or
10:54:52 tract of land located at 3802 west Dr. Martin Luther
10:54:57 King Boulevard Tampa, Florida as more particularly
10:54:59 described in section 2 hereof, waiving certain
10:55:01 restrictions as to distance based upon certain
10:55:04 findings, providing for repeal of all ordinances in
10:55:07 conflict, providing an effective date.
10:55:09 >>GWEN MILLER: I have a motion and second.
10:55:10 Vote and record.
10:55:17 >>THE CLERK: Motion carried unanimously.
10:55:18 >>GWEN MILLER: Is there anyone in the public that
10:55:20 wants to speak on item 65?
10:55:22 >> Move to close.
10:55:23 >> Second.

10:55:23 (Motion carried).
10:55:24 >>SHAWN HARRISON: Move to adopt the following
10:55:29 ordinance upon second reading, an ordinance rezoning
10:55:31 property in the general vicinity of 3215 west fielder
10:55:35 Avenue in the city of Tampa, Florida and more
10:55:36 particularly described in section 1 from zoning
10:55:38 district classifications RS-50 residential
10:55:41 single-family to PD, planned development, residential
10:55:44 will single-family, detached, providing an effective
10:55:46 date.
10:55:46 >>GWEN MILLER: I have a motion and second.
10:55:48 Vote and record.
10:55:50 >>THE CLERK: Motion carried unanimously.
10:55:57 >>CHAIRMAN: Is there anyone in the public that wants
10:55:59 to speak on item 66?
10:56:00 >> Move to close.
10:56:01 >> Second.
10:56:01 (Motion carried).
10:56:02 >>SHAWN HARRISON: Move to adopt the following
10:56:06 ordinance on second reading, an ordinance rezoning
10:56:09 property in the general vicinity of 1017 east Crenshaw
10:56:12 street in the city of Tampa, Florida and more

10:56:13 particularly described in section 1 from zoning
10:56:16 district classifications RS-60 residential
10:56:18 single-family to PD, planned development,
10:56:20 single-family detached residential, providing an
10:56:23 effective date.
10:56:24 >>GWEN MILLER: I have a motion and second.
10:56:25 Vote and record.
10:56:32 >>THE CLERK: Motion carried unanimously.
10:56:33 >>GWEN MILLER: Is there anyone that wants to speak on
10:56:36 67, staff, anyone?
10:56:37 Anyone in the public want to speak on 67?
10:56:41 Need to open it.
10:56:43 It's open, continued.
10:56:45 We need to close it now.
10:56:47 >>SHAWN HARRISON: One quick question for staff.
10:56:49 This does exempt out residentially owned property?
10:56:59 >>> All single family development, yes, and anything
10:57:02 six acres or less.
10:57:04 >>GWEN MILLER: Need to close.
10:57:05 >> So moved.
10:57:06 >> Second.
10:57:06 (Motion carried).

10:57:07 >>MARY ALVAREZ: Move to adopt the following ordinance
10:57:12 upon second reading, an ordinance amending ordinance
10:57:14 number 2005-215, as amended, which placed an abatement
10:57:19 upon the acceptance and or processing of applications
10:57:22 for rezonings, special use permits and amendments to
10:57:25 the Tampa comprehensive plan, including future land
10:57:28 use map amendments for real property or portions
10:57:32 thereof located within the clear zone and accident
10:57:37 potential zone 1 in the vicinity of MacDill Air
10:57:40 Force Base, extending the application of ordinance
10:57:42 number 2005-215, as amended, for an additional six
10:57:46 months, through August 5, 2007, to allow sufficient
10:57:51 time to finalize the findings of the joint land use
10:57:55 study and enactment or adoption of necessary
10:57:58 regulatory and nonregulatory measures, prohibiting the
10:58:02 processing of such requests within those zones,
10:58:04 creating an exemption for city-initiated measures
10:58:08 directly related to the implementation of the findings
10:58:10 of the joint land use study, creating an exemption for
10:58:14 real property or portions thereof with an existing or
10:58:17 proposed comprehensive plan future land use map or
10:58:20 zoning designation, or use, of single family

10:58:23 residential or multifamily residential of six units or
10:58:27 less per acre, providing for severability, repealing
10:58:30 all ordinances or parts of all ordinances in conflict
10:58:33 therewith, providing an effective date.
10:58:41 >>GWEN MILLER: I have a motion and second.
10:58:42 Vote and record.
10:58:52 [Motion Carried Unanimously]
10:58:52 >>GWEN MILLER: Is anyone in the public going to speak
10:58:54 on 68 or 69?
10:58:56 Will you please stand and raise your right hand.
10:59:00 (Oath administered by Clerk).
10:59:06 >>MARY ALVAREZ: Move to open.
10:59:07 >>GWEN MILLER: We have a motion and second to open 68
10:59:09 and 69.
10:59:13 (Motion carried) anyone want to speak?
10:59:16 Does petitioner want to speak?
10:59:19 >>SHAWN HARRISON: This is on 68.
10:59:21 Move to close.
10:59:23 >>GWEN MILLER: Motion and second to close.
10:59:24 [Motion Carried Unanimously]
10:59:25 >>JOHN DINGFELDER: Move AP ordinance relating to the
10:59:34 voluntary annexation --fully, correct? -- annexation

10:59:39 to the city of Tampa, Florida, a municipal corporation
10:59:41 existing under the laws of the State of Florida of
10:59:43 certain unincorporated lands consisting of
10:59:46 approximately 378.64 acres of land generally located
10:59:50 approximately one mile north of Cross Creek Boulevard,
10:59:52 south of and adjacent to the Hillsborough Pasco County
10:59:56 line and east of Morris Bridge Road annexing said
10:59:59 properties to the City of Tampa upon the petition from
11:00:03 the owners of said properties, redefining and
11:00:05 extending the boundary lines of the City of Tampa to
11:00:08 include said properties providing an effective date,
11:00:11 and we welcome you to the City of Tampa.
11:00:13 >>GWEN MILLER: Vote and record.
11:00:20 >>LINDA SAUL-SENA: I'm sorry, I hit the wrong one.
11:00:23 >>SHAWN HARRISON: Redo.
11:00:25 >>GWEN MILLER: We have to clear it.
11:00:29 Vote and record.
11:00:39 (Motion carried).
11:00:39 >>GWEN MILLER: Is there anyone in the public that
11:00:41 wants to speak on item 69?
11:00:47 >> Gina Grimes with the law firm of hill ward and
11:00:50 Henderson, 101 East Kennedy Boulevard.

11:00:52 I have been sworn.
11:00:53 We are in support of second reading of this area
11:00:56 rezoning.
11:00:56 This was the Palma Ceia rezoning.
11:00:59 You allowed to opt out.
11:01:03 However, at the end of that public hearing, black on
11:01:06 the 11th, we requested that you make a motion that
11:01:11 these four folio numbers that opted out, that the
11:01:14 Planning Commission process, the comp plan amendment
11:01:16 to change the comp plan category back from R-10 to
11:01:19 R-20, but in the action requests filed with the
11:01:23 clerk's office that motion was not reflective.
11:01:25 And I think it us what because it happened kind of in
11:01:27 a flurry at the end of that public hearing.
11:01:30 So we are simply asking that you again put on the
11:01:32 record your motion to amend the comp plan category
11:01:36 through these four folio numbers from the ten
11:01:39 categories back to the R-20 so that we can retain CM
11:01:44 zoning.
11:01:45 CN zoning.
11:01:46 >> Ms. Grimes, are the folio numbers 126-015?
11:01:52 >> Yes.

11:01:53 >> 125983.
11:01:57 126014.
11:01:58 And 126051?
11:02:03 >>GINA GRIMES: Correct.
11:02:03 >> Okay, I make that motion.
11:02:04 >>THE CLERK: There is a motion on the action agenda
11:02:08 from the January 11 night meeting item 22, requesting
11:02:13 city plan amendment in order to retain the current
11:02:16 zoning on the four parcels, folio numbers 126015,
11:02:20 125983, 126014, and 126051, identified by Abbeye
11:02:27 Feeley, Land Development Coordination.
11:02:30 Motion carried.
11:02:33 >>MARY ALVAREZ: So we don't need to do that.
11:02:37 >>> I couldn't find it on the motion.
11:02:39 I just had the one from the area rezoning.
11:02:41 I apologize, I could not find the one --
11:02:43 >>GWEN MILLER: Thank you.
11:02:44 Would anyone else like to speak?
11:02:46 Need to close.
11:02:48 >> So moved.
11:02:48 >> Second.
11:02:49 (Motion carried).

11:02:49 >>FRANK REDDICK: Move to adopt the following ordinance
11:02:54 providing for an area wide rezoning the general
11:02:58 location of which is south of Estrella street, west of
11:03:02 Marti street, north of San Luis street and east of
11:03:06 Himes Avenue in the city of Tampa, Florida, and more
11:03:08 particularly described in section 1 from zoning
11:03:10 district classifications RM-16 residential will
11:03:13 multi-family to CN, commercial neighborhood, to RS-50,
11:03:18 residential single-family, providing an effective
11:03:20 date.
11:03:23 >> Second on the motion.
11:03:25 >>LINDA SAUL-SENA: I want to compliment this
11:03:27 neighborhood, spent six years gathering information,
11:03:29 going to meetings, organizing and encouraging city
11:03:31 staff to move along.
11:03:33 And it's finally here.
11:03:36 Congratulations to that neighborhood.
11:03:48 >>CHAIRMAN: Somebody didn't vote.
11:03:49 Everybody voted?
11:03:50 Okay.
11:03:52 Item 71 is a continued public hearing.
11:03:59 Ms. Kert, do you have number 70?

11:04:04 Hand it to Ms. Alvarez.
11:04:17 >> An ordinance making lawful the sale of beverages
11:04:20 containing alcohol of more than 1% of weight and not
11:04:23 more than 14% by weight and wines regardless of
11:04:26 alcoholic content beer and wine 2(APS) in sealed
11:04:28 containers for consumption off premises only at or
11:04:31 from that certain lot, plot or tract of land located
11:04:33 at 1006 east Hillsborough Avenue, Tampa, Florida as
11:04:36 more particularly described in section 2 hereof
11:04:38 waiving certain restrictions as to distance based upon
11:04:40 certain findings, providing for repeal of all
11:04:47 ordinances in conflict, providing an effective date.
11:04:48 >>LINDA SAUL-SENA: Second.
11:04:50 (Motion carried).
11:04:51 >>MARTIN SHELBY: Again, Madam Chair, that will come
11:04:55 back for second reading and adoption of public hearing
11:04:58 at 9:30 on February 15.
11:05:01 >>GWEN MILLER: Item 71.
11:05:03 Continued public hearing.
11:05:05 Anybody want to speak on that?
11:05:10 71.
11:05:16 >>> Phil Schultz, Land Development Coordination.

11:05:18 I have not been sworn in.
11:05:20 >>MARTIN SHELBY: Anyone else?
11:05:21 >>GWEN MILLER: Does anyone else need to be sworn in?
11:05:23 (Oath administered by Clerk).
11:05:31 >>> We have before us number 71, this is a continued
11:05:35 public hearing from January 11th.
11:05:37 The only change on my staff report is the second
11:05:41 paragraph, which by the direction of council, the
11:05:48 petitioner has requested to restrict the
11:05:51 ingress-egress on north Avenue to in only.
11:05:55 If you please look at the site plans that I
11:05:58 distributed to you, that has been done.
11:06:02 With the direction of all departments.
11:06:04 Also, it was requested that they delineate
11:06:08 specifically where the buffer wall on the north end
11:06:14 shows at the beginning point, pursuant to 27-130,
11:06:21 where the six-foot masonry ball begins, L-shaped, goes
11:06:27 down to north Avenue per your request.
11:06:29 If you have any other questions, I'll be present.
11:06:33 >>LINDA SAUL-SENA: I want to thank petitioner for
11:06:36 making changes.
11:06:37 I think it's a great project.

11:06:44 It will better protect the neighborhood.
11:06:46 So this is an approved petition.
11:06:50 >>GWEN MILLER: Do you have anything to say?
11:06:52 Is there anyone in the public that wants to speak on
11:06:54 item 71?
11:06:55 >> Move to close.
11:06:56 >>MARTIN SHELBY: I believe this gentleman has not been
11:06:59 sworn.
11:07:00 >>> I have not been sworn in.
11:07:06 (Oath administered by Clerk).
11:07:09 >>> My name is Frank Corcoran, I own the property at
11:07:13 6310 Nebraska.
11:07:17 I live two doors down and across the street.
11:07:20 I'm sure it's within 250 feet.
11:07:23 I have not received any notice of these changes.
11:07:28 Last Saturday I talked to the neighbor.
11:07:32 >> Could you restate your name so the clerk can look
11:07:34 at the file?
11:07:36 >>> Corfman.
11:07:42 But there is a neighbor directly to the north that
11:07:46 shares the property line with this property in
11:07:48 question here.

11:07:50 Which is a rezoning issue.
11:07:52 And he has not been informed.
11:07:53 He has moo no idea that this is going on.
11:07:56 I did talk to the neighbor who shares the property
11:07:58 line directly to the east and he has received no
11:08:01 information, no letter from the -- from anyone.
11:08:10 And I have not seen any signs on this property
11:08:12 notifying the public of the public hearing.
11:08:16 So I request a continuance with this so we can notify
11:08:20 our neighbors and the people that live closest to this
11:08:24 neighborhood, or to this property in question.
11:08:31 I have personally not been informed by the property
11:08:34 owner, and the other two people I have talked to have
11:08:37 not been.
11:08:38 And I just really feel this should be continued.
11:08:43 And there has been no notice posted on the property.
11:08:46 Recently now this property is being used as a staging
11:08:48 area for the vegetation, beautiful Tampa, all the
11:08:56 plants are being staged there and being put in the
11:08:59 ground along Nebraska Avenue.
11:09:00 And when I spoke to the neighbors directly to the
11:09:03 north, when he saw this he thought a nursery was going

11:09:09 in on the property.
11:09:10 He thought, yea, a nursery, this property has never
11:09:14 been developed on.
11:09:15 Green space.
11:09:20 The only thing left on the property that has not been
11:09:22 developed on, and --
11:09:29 >> Ms. Alvarez has a question.
11:09:31 >> No, a question to staff.
11:09:33 Because I can't believe this is a public hearing and
11:09:37 we didn't have all these notices going.
11:09:42 >> Why don't we break for a minute?
11:09:44 They are going to check their files to see.
11:09:49 >> In talking with the city planner he told me the
11:10:03 neighborhood association is very much for this
11:10:10 restaurant.
11:10:13 Apparently they never talked to the neighbor that
11:10:16 borders the property to the east, the neighborhood
11:10:18 that borders to the west or north or myself across the
11:10:21 street.
11:10:23 So I question whether they are really speaking for the
11:10:28 neighbors.
11:10:30 >>MARY ALVAREZ: Let's hear from legal.

11:10:47 >>> Allow me to come back.
11:10:48 >>MARTIN SHELBY: I'm sorry.
11:10:49 There's always been, I believe, a letter that's been
11:10:52 distributed to City Council that needs to be received
11:10:53 and filed.
11:10:54 I'll provide a copy.
11:10:55 >>MARY ALVAREZ: So moved.
11:10:57 >>SHAWN HARRISON: We have a motion and second to
11:10:58 receive and file a letter.
11:11:00 (Motion Carried)
11:11:01 >>SHAWN HARRISON: Is there anyone else that would like
11:11:07 to speak on item 71?
11:11:11 Yes, ma'am.
11:11:15 >>> Pat Martecci, St. Petersburg, for the project.
11:11:21 This project was started, regulations set forth by the
11:11:28 Tampa Land Development Code.
11:11:30 It was noticed twice.
11:11:32 There were pictures submitted to renotice the people
11:11:35 that were given to us on a list given to us by the
11:11:37 property appraiser's office within a 250-foot radius,
11:11:42 not once but twice, certificate of mailing and
11:11:44 pictures, signs were submitted to the clerk's office

11:11:49 as required.
11:11:50 Also, I had a picture -- this is a picture taken by
11:11:59 Mr. Schultz showing what's going on on the property.
11:12:02 The first time we noticed, the neighborhood residents
11:12:05 knocked the signs over. That lot was used as a
11:12:08 turn-around and I had the owner going by on a daily
11:12:10 basis to replace the sign.
11:12:12 I had contact with the staff.
11:12:16 At the time Abbye Feeley was in charge of the project
11:12:20 and she informed me as long as the sign stayed up for
11:12:22 a week we wouldn't have to go back every day for 30
11:12:25 days to put the signs back up.
11:12:27 So the signs were placed on the property not once but
11:12:29 twice.
11:12:29 Notices were sent out twice in accordance with the
11:12:31 rules.
11:12:35 And given to us by the appraiser's office.
11:12:39 >>SHAWN HARRISON: Thank you.
11:12:43 >>JULIA COLE: I had an opportunity to look at the
11:12:46 list.
11:12:46 The list does not include this gentleman's property.
11:12:49 So that's why he did not receive notice.

11:12:51 I can't tell you whether or not he should have been
11:12:53 included if he's part of the 250 feet radius or not.
11:12:58 I know that the list that was received by this
11:13:00 applicant, which is what's required understood the
11:13:02 code provision, to send out notice, was complied with.
11:13:05 So under our code, technically, that makes the notice
11:13:10 proper.
11:13:10 But again I can't tell you whether or not what the
11:13:16 property appraiser's office gave to her is
11:13:19 appropriate.
11:13:19 >> So in other words we don't double check.
11:13:21 I'm not saying you.
11:13:23 I'm saying the city doesn't double check to make sure
11:13:25 that the radius is correct or that the notices are
11:13:28 correct.
11:13:28 They give us an affidavit to that effect?
11:13:31 >>JULIA COLE: That's correct.
11:13:34 The way the code is written, they send that notice
11:13:40 out.
11:13:41 Then they do an affidavit indicating that they sent
11:13:43 that notice out.
11:13:44 And that is --

11:13:47 >>JOHN DINGFELDER: It's something we might want to
11:13:49 think about for future reference.
11:13:53 >>> Phil Schultz, Land Development Coordination.
11:13:56 Elmo, please.
11:13:57 You will notice that the I was driving the day they
11:14:03 took the photograph, and would like to reiterate this
11:14:07 is what she indicated.
11:14:08 The sign was there when I went out and did my report.
11:14:15 >> What is the proposed use of the property on this?
11:14:19 I was outside.
11:14:21 >>> Restaurant.
11:14:21 >> And the tree is going to be protected.
11:14:24 And then we have sufficient parking?
11:14:27 >>> Yes.
11:14:27 >> And then what's this in the back, proposed
11:14:29 residential lot?
11:14:31 >>> That's correct.
11:14:35 >>> It's a vacant lot now but it will be buildable.
11:14:37 It's buildable residential parcel.
11:14:40 >>SHAWN HARRISON: What is this to be used for RS-60
11:14:43 qualified uses.
11:14:44 I have never seen that.

11:14:45 >>> It would have to conform to the setbacks of that
11:14:48 zoning classification.
11:14:49 >>SHAWN HARRISON: Did you have something to add?
11:14:56 >>> Melanie Calloway, transportation.
11:14:58 I have been sworn.
11:14:59 We have discussed the dumpster location the previous
11:15:02 hearing.
11:15:03 I have provided a template on the driveway, which he
11:15:09 has altered.
11:15:16 >>FRANK REDDICK: To the gentleman, would you come back
11:15:25 up?
11:15:26 Now that you had than an opportunity to hear what's
11:15:28 going to take place on that property, do you still
11:15:30 have any objection?
11:15:35 You stated that you did not receive notice and did not
11:15:38 have information about it.
11:15:39 Now that you had a chance to hear what they plan to do
11:15:42 with that property, a restaurant, do you still have
11:15:44 objections?
11:15:44 >>> Yes, I do object to that.
11:15:46 >> What is the objection now?
11:15:47 >>> My objection is changing the residential zoning to

11:15:53 accommodate more commercial on this heavily commercial
11:15:58 street.
11:15:59 And we have a heavy commercial street.
11:16:02 And then we also have a dense neighborhood right
11:16:07 immediately one block behind the street.
11:16:10 So the first block of the street is heavily
11:16:12 commercial.
11:16:12 Then the second block is residential.
11:16:15 And that's how that got zoned years ago.
11:16:23 Designated years ago to be residential, and
11:16:26 residential-commercial.
11:16:27 And then my objection then is with all those
11:16:31 commercial lots in our neighborhood that are available
11:16:34 for sale, so many commercial lots along Nebraska
11:16:38 Avenue, there are opportunities for people to put
11:16:40 businesses in like restaurants, and think it doesn't
11:16:47 support our community.
11:16:48 I don't support rezoning one last piece of green space
11:16:53 that is left on Nebraska Avenue and asphalting that to
11:16:57 make use of a restaurant, when we have two properties
11:17:01 that are directly across the street that have been for
11:17:03 sale for many, many months.

11:17:07 One property to the south has been for sale.
11:17:12 The property across the street, parking lot has been
11:17:15 sitting empty for like five years.
11:17:20 >>JOHN DINGFELDER: And --
11:17:22 >>> If I may add one thing to what Shawn Harrison
11:17:25 mention board of director the protection of the tree.
11:17:28 And from what I've read and heard about, there is no
11:17:31 protection of the tree.
11:17:32 There is just no current plan on removing the tree.
11:17:41 When I was reading the minutes of the last meeting,
11:17:43 somewhere I read that.
11:17:44 There's no protection of the tree.
11:17:46 There's just no current plans on removing it.
11:17:49 >>SHAWN HARRISON: Actually the site plan says
11:17:51 specifically it is to remain, and it has a 20-foot
11:17:55 radius marked out on the site plan.
11:17:56 So that cannot change.
11:17:57 Once the zoning, if it is approved on the site plan.
11:18:02 >>> I never heard of anything referred to as an actual
11:18:05 protection of that tree.
11:18:06 >>MARY ALVAREZ: You have to look at the site plan.
11:18:11 >>JOHN DINGFELDER: Is it a grand tree?

11:18:14 If it's a grand tree it automatically has protection
11:18:16 under city code, number one.
11:18:17 Number two, now if we approve this it would have
11:18:21 double protection because the PD is going to protect
11:18:23 it as well.
11:18:24 So I think we all feel pretty good about the tree.
11:18:27 Are you aware of the fact that the parcel that fronts
11:18:31 Nebraska already has commercial zoning on it?
11:18:38 Because what they are really coming in is that parcel
11:18:43 for the second side street.
11:18:44 I want to make sure because you were referring to the
11:18:47 last green parcel was the last commercial parcel.
11:18:52 They could -- but for the tree, they could pave it.
11:18:55 I guess what they are trying to do is say we'll put
11:18:58 both the restaurant and everything one more lot back
11:19:01 or two more lots back so we can go ahead and save the
11:19:04 tree and keep it green.
11:19:06 I don't know.
11:19:07 It seems like a reasonable compromise.
11:19:09 I appreciate your concern but --
11:19:12 >>SHAWN HARRISON: Ms. Alvarez?
11:19:15 >>MARY ALVAREZ: Our report from staff that says the

11:19:17 current plan design incorporates retention of the
11:19:20 grand tree.
11:19:24 >>SHAWN HARRISON: Is there anyone else in the public
11:19:26 that would like to speak on this item?
11:19:28 Thank you, sir, for your comments.
11:19:30 Mr. Schultz.
11:19:34 >>> Phil Schultz, Land Development Coordination.
11:19:36 We just had a member of our staff verify who is
11:19:39 listening to this broadcast right now, the gentleman,
11:19:41 according to info of city database that we use to
11:19:47 determine distance between points, has been determined
11:19:50 that his particular parcel is outside the 250-foot
11:19:54 radius.
11:19:55 And the other persons that he is referring to, based
11:19:59 on city's information, they are tenants.
11:20:03 They are not deed holders.
11:20:06 And the property is currently zoned CI.
11:20:10 And in order to protect the tree, we had to go PD.
11:20:13 And we retained the parking and the residential lot
11:20:17 per the master plan and the county, city-county
11:20:19 Planning Commission.
11:20:21 I did approve it indicating that this does conform to

11:20:24 the comprehensive plan.
11:20:25 >>MARY ALVAREZ: Thank you.
11:20:26 >>SHAWN HARRISON: Thank you.
11:20:27 Would anyone else like to speak on this item?
11:20:30 >>MARY ALVAREZ: Move to close.
11:20:31 >> Second.
11:20:32 (Motion carried).
11:20:33 >>SHAWN HARRISON: Do we have an ordinance prepared?
11:20:38 Ms. Alvarez, would you read that?
11:20:41 Mr. Dingfelder, would you read that?
11:20:43 >> Move an ordinance rezoning property in the advice
11:20:46 vicinity of 6401 Nebraska Avenue from CI commercial
11:20:52 intensive and RS sing residential single family to PD
11:20:56 planned development, restaurant, bar, single-family
11:20:58 lot, providing an effective date.
11:21:00 >>GWEN MILLER: We have a motion and second.
11:21:02 Discussion on the motion?
11:21:03 All in favor signify by saying Aye.
11:21:06 Opposed?
11:21:06 Motion carries.
11:21:10 >>JOHN DINGFELDER: Again we appreciate you coming
11:21:11 down.

11:21:12 I think this might be an I could project once it gets
11:21:14 done.
11:21:15 >>SHAWN HARRISON: Thank you.
11:21:15 We need to now return to item number 11.
11:21:32 >>LINDA SAUL-SENA: If students aren't here yet.
11:21:34 Are we going to continue with the workshop?
11:21:37 >>SHAWN HARRISON: Yes.
11:21:37 If the students aren't here by 12 they will have
11:21:39 missed their opportunity.
11:21:41 Motion and second to open the workshop.
11:21:42 (Motion carried)
11:21:47 >> Good morning, council.
11:21:48 Michelle Ogilvie, Planning Commission staff.
11:21:51 I understand that several continuances, I have ten
11:21:55 minutes to be with you this morning, and I will try
11:21:58 very hard.
11:22:00 This is more of a status report than a workshop on the
11:22:05 Tampa comprehensive plan update process.
11:22:08 As council may recall, for newer members of council,
11:22:15 there are two steps in this comprehensive plan update.
11:22:17 The first is the evaluation and appraisal report which
11:22:20 has taken us two years to complete, and then be

11:22:25 updated, which is the implementation of the evaluation
11:22:29 and appraisal report.
11:22:31 Tampa City Council reviewed the appraisal report in
11:22:35 June of 2006, which was two months ahead of schedule.
11:22:40 And then sent that up to the Department of Community
11:22:43 Affairs, the Department of Community Affairs up in
11:22:48 Tallahassee.
11:22:50 We were found to be sufficient and without any
11:22:52 comment, the Department of Community Affairs gave us
11:22:55 the go ahead to explore the livable city as the Tampa
11:23:02 comprehensive plan of 2008, which is to be completed.
11:23:11 We have begun to collect the minimum requirements of
11:23:16 the state which is chapter 163 and 905.
11:23:20 We have had a series of discussions called shaping the
11:23:24 livable city in which we have a staff with the city's
11:23:28 transportation, economic development, zoning, urban
11:23:30 Zane.
11:23:31 The children's board has joined us.
11:23:34 And has Hartline.
11:23:36 And we have had six series of meetings in which we
11:23:40 have explored the issues that were identified in the
11:23:44 evaluation and appraisal report.

11:23:46 Those issues once more are interconnectedness of
11:23:54 housing, healthy economy, healthy environment, and
11:23:57 transportation choices.
11:24:03 Assets, children, people shaving, growing, and the
11:24:06 changing of our city, arts and culture, a vibrant
11:24:09 central area, and, of course, neighborhoods.
11:24:14 We will be analyzing our discussion that was just
11:24:17 completed last Friday, and putting that into the mix
11:24:20 of conversation that we will be having from the
11:24:24 evaluation and appraisal report on how to build our
11:24:29 legacy as a livable city.
11:24:30 The most important part of this process is the public
11:24:33 involvement process, which began on Monday.
11:24:40 It's always good to take the opportunity of council to
11:24:44 show what we are doing with that.
11:24:57 We sent out 700 group notices by e-mail mostly, and
11:25:03 the Tribune picked it up in several of their
11:25:05 reportings throughout the city newspapers.
11:25:11 And we invited the public to join us in what's called
11:25:14 study circle.
11:25:15 It is a very intense public involvement process.
11:25:17 It's very focused.

11:25:19 We will have guide sessions.
11:25:23 Four of them will be up in the Seminole Heights garden
11:25:26 club.
11:25:27 And before anyone asks why there, are most of them
11:25:31 there?
11:25:32 Because that's the most central part,, down to
11:25:37 MacDill.
11:25:43 >>MARY ALVAREZ: January 29th.
11:25:44 Did you have one already?
11:25:46 >>> Monday.
11:25:47 >> How was that?
11:25:48 >>> It was fantastic.
11:25:49 My goodness.
11:25:51 We had a full circle of 25 people which is going over
11:25:53 the limit.
11:25:54 And then we had 15 in the audience from the public.
11:25:58 And it's a variety of people who have volunteered to
11:26:04 spend these ten hours with us, have been just
11:26:08 tremendous.
11:26:09 We have a 15-year-old who has volunteered.
11:26:13 We have people who are not so young.
11:26:17 We have people who have perspective from

11:26:24 neighborhoods, from economic developments,
11:26:26 investments, people who are joining the circle.
11:26:35 I'm trying to think of who else is in the circle.
11:26:39 It's just a tremendous variety.
11:26:41 And we are just so happy and pleased that so many are
11:26:46 interested in joining us in this conversation.
11:26:49 To the city.
11:26:50 We do have one meeting at Kate Jackson park.
11:26:53 >>JOHN DINGFELDER: Can you go higher and show us the
11:26:57 rest of the schedule?
11:26:58 Go further.
11:26:59 A little more.
11:27:00 There you go.
11:27:05 Do you want to read through them real fast?
11:27:08 >>MICHELE OGILVIE: Yes.
11:27:09 Last Monday, January 29th at Seminole Heights.
11:27:12 All of the meetings are from 6:00 to 8:00 and ending
11:27:17 at eight.
11:27:18 February 5th, Monday coming.
11:27:21 And February 12th, all at Seminole Heights Garden
11:27:24 Club.
11:27:26 The public is more than welcome.

11:27:29 March 19th at Kate Jackson park unless it got
11:27:31 bumped.
11:27:39 Kate Jackson has been most accommodating.
11:27:44 One of the activities that we did on Monday is ask the
11:27:49 participants to prioritize their interest and their
11:27:53 overwhelming interest to the interconnectiveness which
11:27:58 is again housing, transportation choices, the public
11:28:02 realm, environment, and the healthy economy.
11:28:08 Following that one was neighborhood, and the central
11:28:13 area.
11:28:14 Children.
11:28:15 People shaping.
11:28:18 Growing and changing our city.
11:28:19 Parks and culture.
11:28:21 And we will break out the next two sessions on both of
11:28:25 them.
11:28:30 That's basically where we are.
11:28:32 The next step once we finish the public involvement is
11:28:34 to lead the many pieces of information that we have
11:28:38 been gathering from this qualitative and quantitative
11:28:44 approach.
11:28:44 And we would ask you, council, in May, to perhaps have

11:28:50 a more intense workshop, have an hour in which we can
11:28:55 begin to discuss some of the policy directions that
11:28:57 are coming out from our research and from what we have
11:29:00 heard in the public, as well as the perspective of
11:29:04 professional staff.
11:29:09 And where the Tampa comprehensive plan update is.
11:29:17 >>LINDA SAUL-SENA: Sounds like your approach is so
11:29:18 much more holistic than it's ever been attempted in a
11:29:23 comprehensive plan before.
11:29:24 And I think that's fantastic.
11:29:25 I was looking at our schedule.
11:29:27 And on April 28th, it says time unknown.
11:29:30 But workshop Planning Commission regarding vision
11:29:34 Hillsborough.
11:29:35 >>MICHELE OGILVIE: That is a companion effort being
11:29:42 done broader in terms of the entire Hillsborough
11:29:44 County, looking at much further out.
11:29:50 50 years.
11:29:52 Comprehensive plan only looks at 20 years.
11:29:59 >>LINDA SAUL-SENA: This sound great.
11:30:01 And I look forward to as these circles progress
11:30:10 learning more.

11:30:11 And I suggest making appointments with individual
11:30:12 council members, because we all have different areas
11:30:14 of interest and that sort of thing.
11:30:17 And share your process with us.
11:30:23 >>MICHELE OGILVIE: Certainly.
11:30:23 I did forget one thing.
11:30:25 For some reason Mr. Harrison made me think of it.
11:30:27 And that is that there's another companion effort
11:30:30 which is the transportation transit update that's
11:30:35 going on and that we have -- we will both be in the
11:30:39 same place at the same time in terms of public input
11:30:47 and the amount going on.
11:30:52 We will perhaps have a better integrated comprehensive
11:30:56 plan as we move forward, and we are trying hard to be
11:31:02 integrated.
11:31:04 >> Any other questions for Ms. Ogilvie?
11:31:07 Thank you.
11:31:12 >> As part of this process you are going to make a
11:31:14 kinder gentler comp plan, easier to read, easier to
11:31:19 use, more user friendly?
11:31:20 I think that's the term.
11:31:21 >> That's correct.

11:31:22 >> Does that include -- right now, it's so huge, and
11:31:25 it gets bigger every tame we look at it.
11:31:28 Does that include us trying to get rid of some
11:31:30 antiquated policies and old policies?
11:31:33 >> What we will try very hard to do is the approach we
11:31:37 are taking is to shape the policies into what we want,
11:31:42 rather than satisfying the department of communicate
11:31:45 affairs.
11:31:49 Quite honestly when you look at other parts of the
11:31:53 state such as Sarasota, or Pinellas County, they have
11:31:57 done the very same things.
11:32:03 Their comprehensive plan though it's much smaller than
11:32:06 Tampa are around 300 pages.
11:32:09 Ours is several thousand pages.
11:32:12 Almost a thousand pages.
11:32:13 But we are going to try to do more integrated in our
11:32:18 approach.
11:32:18 We have discovered that the statutes have asked for
11:32:22 the same policies in four different elements.
11:32:29 So that can -- what is it that it wants us to do, what
11:32:35 is it the public wants us to do?
11:32:37 And we can integrate that not very well crafted.

11:32:40 >> So very cognizant about trying to make a document
11:32:44 that is easier for the public to maneuver.
11:32:46 >> Yes.
11:32:47 Absolutely.
11:32:48 And that's one of the comments we heard from the study
11:32:51 circles on Monday night, was why is it so confusing,
11:32:58 which is just what we get here in the public
11:33:01 involvement process and the evaluation and appraisal
11:33:03 report.
11:33:03 We heard it.
11:33:04 We are trying very hard as professional staff to get a
11:33:11 document that really means something to the people who
11:33:13 live and work here in our city.
11:33:19 >>SHAWN HARRISON: Thank you for the update, Michelle.
11:33:21 All right.
11:33:21 I don't think our architectural students are going to
11:33:24 make it.
11:33:27 I think that completes our agenda.
11:33:28 >>SHAWN HARRISON: Should we take that off the agenda?
11:33:34 >>LINDA SAUL-SENA: No.
11:33:35 I'll just bring back a date that's better.
11:33:38 A day that's quiet.

11:33:40 >>SHAWN HARRISON: Very good.
11:33:41 So we'll go ahead and remove that from the agenda.
11:33:53 We are eager to see what they present.
11:33:55 Then we'll go to new business.
11:34:00 Information reports and new business by council
11:34:01 members.
11:34:03 Mr. Fletcher.
11:34:04 >>CHARLES FLETCHER: Thank you.
11:34:05 I have an issue that was just brought to my attention
11:34:10 the last 24 hours or so.
11:34:14 There was an article in the St. Pete Times on January
11:34:17 21st.
11:34:18 I think it only ran in the Pasco edition.
11:34:21 But it appears that there is a proposed landfill that
11:34:26 is in an area of southeastern Pasco that is going to
11:34:32 be right on the border between almost in the green
11:34:36 swamp with Hillsborough River watershed and the
11:34:41 Withlacoochee watershed.
11:34:43 I would like to ask the city staff to take a look at
11:34:46 this and see if this has a potential for affecting the
11:34:50 city's water supply.
11:34:51 Since I have been working on some of the river issues

11:34:56 that Ms. Saul-Sena has suggested, one of the things I
11:34:58 have learned is that we don't have what is typically
11:35:00 called a source water protection plan for protecting
11:35:04 the water that flows through the basin into the
11:35:07 reservoir.
11:35:09 There is not one that's -- the one identified in the
11:35:12 ordinance.
11:35:12 And this is something that I think we really ought to
11:35:14 take a hard look at, is whether or not we need to get
11:35:17 with the other localities, Temple Terrace, Pasco
11:35:22 County, and evaluate whether or not some additional
11:35:25 controls in that to protect the water flowing into
11:35:28 that reservoir, and as an example, it's permitted
11:35:35 correctly and well run.
11:35:38 Very well it's possible it could be operated without
11:35:40 impact to the drinking water supply.
11:35:41 But it's something that should be fully evaluated by
11:35:43 the city, and the city should make sure that we are
11:35:46 not going to lose not just a critical resource,
11:35:51 environmental resource for the area, but our primary
11:35:53 source of drinking water.
11:35:54 >>JOHN DINGFELDER: Under current regulation, Chip,

11:35:58 what sort of regulation would we have in process that
11:36:02 they are permitting now?
11:36:04 >>> That's a good question.
11:36:04 According to this newspaper article -- and that's
11:36:06 really all I have right now -- is it's going through
11:36:08 permitting, the state department of environmental
11:36:10 protection, the city would have the opportunity to
11:36:12 comment on that permit application.
11:36:15 And then whether or not this is large enough that it
11:36:18 would be a development of regional impact, it would go
11:36:21 to the Regional Planning Council where right now on
11:36:24 behalf of the city, I can't tell from looking, but it
11:36:28 very well could be, it's a fairly good sized landfill,
11:36:31 and my understanding, also some rail line and major
11:36:37 transportation opportunity around there.
11:36:38 So it's not clear whether it's just Pasco County or
11:36:41 whether it would serve a larger region.
11:36:46 If it's privately owned, which is, to my knowledge,
11:36:48 somewhat unique in this area so there wouldn't be the
11:36:51 typical limitations we have where we would only be
11:36:53 taking necessarily garbage from Pasco.
11:36:57 So I think -- don't want to set any alarm bells but

11:37:01 it's something the city needs to take a look at and
11:37:04 make sure we don't have any harm that is potentially
11:37:08 in the reservoir.
11:37:10 >>MARY ALVAREZ: Mr. Fletcher, that's a great idea.
11:37:12 I'm glad you're taking the lead on this.
11:37:14 I was just wondering if it would be something that you
11:37:17 might bring up at the Regional Planning Council.
11:37:20 Because you do have some representatives from the
11:37:22 Pasco County area there.
11:37:24 And it might be something that they could talk to you
11:37:29 about, and give you some direction as to what's going
11:37:34 on there.
11:37:37 >>> That's an excellent idea.
11:37:38 We have a meeting coming up.
11:37:40 Thank you.
11:37:41 >> So Mr. Fletcher, did you want to take official
11:37:43 action?
11:37:45 >> I guess I would move to ask the administration to
11:37:50 report back to us in two weeks as to status of this,
11:37:55 and whether or not it's something that the city needs
11:37:58 to be involved in.
11:37:58 >>SHAWN HARRISON: Motion and second.

11:38:00 (Motion carried)
11:38:03 >>LINDA SAUL-SENA: Last week, we discussed the minimum
11:38:12 flows on the Hillsborough River, and Ms. Alvarez
11:38:15 raised the question, when does SWFWMD look at this?
11:38:18 And subsequently, I found out they are taking a look
11:38:20 at the beginning of March so we need to schedule a
11:38:23 special discussion for February then.
11:38:26 So I would like to schedule a special discussion
11:38:30 meeting in the afternoon in the Mascotte room on
11:38:36 February 13th.
11:38:43 At noon.
11:38:46 >>SHAWN HARRISON: Motion and second.
11:38:46 (Motion carried).
11:38:47 >>LINDA SAUL-SENA: Secondly, the Gandy discussion.
11:38:51 I didn't know if Mr. Dingfelder was going to bring
11:38:53 this up because the neighborhood.
11:38:56 The other day at our livable roadways committee the
11:39:01 Gandy neighborhood expressed concerns that the
11:39:03 improvements that the state Department of
11:39:07 Transportation is making a long Gandy, they were put
11:39:10 out to bid, the bids came in, you know, $22 million
11:39:14 more than had been anticipated, and the state, which

11:39:23 met many times in the Gandy neighborhood, said, well,
11:39:28 instead, the state says, let's have provisions like
11:39:35 sidewalks the decorative features, the safety
11:39:38 crossings, the things that are integral to what the
11:39:42 neighborhood wants to see in this project.
11:39:44 The neighborhood is really concerned.
11:39:48 And Mr. Steenson -- I think that we should schedule
11:39:56 some kind of discussion at council briefly, of what
11:40:01 role the city can have in talking to the Department of
11:40:03 Transportation and saying don't do a half-baked job on
11:40:08 this, go ahead go ahead and the whole thing.
11:40:11 >> How about if we ask Madam Chair to write a letter
11:40:14 inviting D.O.T. to come talk to bus the Gandy project?
11:40:21 >>> I believe that Al is going to be at the MPO
11:40:24 meeting.
11:40:24 I think we have plenty of coverage on it.
11:40:26 But if we want to T chair to write that letter, that's
11:40:30 okay.
11:40:30 >> I think that would be good.
11:40:31 >>LINDA SAUL-SENA: My motion is to ask the chair to
11:40:36 write a letter to the D.O.T. at the beginning of the
11:40:41 meeting, how they are going to plan to approach this.

11:40:45 Also, FYI, one of the great reasons for having it is
11:40:51 it brings together people who can share information,
11:41:07 Michelle green.
11:41:09 The Department of Transportation.
11:41:10 But one branch towards the other branch.
11:41:18 But at the point that I think we are represent the
11:41:22 constituents in this area, the way that they want.
11:41:25 And if it's not going to be included then we can have
11:41:27 a conversation with transportation about it.
11:41:29 >>SHAWN HARRISON: We have a motion and second.
11:41:31 (Motion carried).
11:41:32 >>MARY ALVAREZ: Just a couple of things.
11:41:38 One is Ms. Miller wants to give a commendation to
11:41:42 angel Perry.
11:41:44 She's the lady that saved the little boy a week ago
11:41:47 from a vicious dog attack.
11:41:49 And would like for her to come on Thursday, February
11:41:54 15th to receive the commendation.
11:41:56 >>SHAWN HARRISON: Motion and second.
11:41:57 Any discussion?
11:41:59 (Motion Carried).
11:41:59 >>MARY ALVAREZ: The other thing is, since I'm public

11:42:03 safety chairman, I was a little distressed this week
11:42:06 when I read about the rape that occurred on South
11:42:10 Howard Avenue.
11:42:11 And the consequences that led to this poor young lady,
11:42:19 and really distressed that she wasn't given the
11:42:22 morning-after pill.
11:42:24 You know, just because she had a citation or warrant
11:42:27 for her arrest doesn't mean that they couldn't have
11:42:30 treated her a little more fairly.
11:42:32 And I understand that Chief Hogue has made policy
11:42:35 changes.
11:42:36 But I would really like a full report on how that
11:42:39 occurred and what action they are taking with these
11:42:42 people that are responsible for being so
11:42:46 inconsiderate.
11:42:48 That would be my motion.
11:42:50 A written report, or they can come up.
11:42:57 But I'm really upset about that.
11:43:00 And I wasn't even aware of that, that this happened.
11:43:03 And being that I am the chairman of this committee, I
11:43:09 think maybe a little courtesy would have been shown to
11:43:11 me for that.

11:43:14 >>MARTIN SHELBY: If council wishes to make that
11:43:17 request, my sense to council, not having all the facts
11:43:21 before it, it could be the subject of potential
11:43:24 litigation.
11:43:24 And I would just caution council, if you make the
11:43:26 request, the response very well may be that they
11:43:30 cannot provide a report on that date, just to caution
11:43:33 council with the knowledge that this very well may be
11:43:37 the subject of potential litigation.
11:43:40 >>SHAWN HARRISON: Mr. Dingfelder, go ahead.
11:43:42 >>JOHN DINGFELDER: I'm not going to support the
11:43:43 motion.
11:43:44 I think it was a tragic event.
11:43:46 We all read about it.
11:43:47 I'm confident that Chief Hogue and the sheriff's
11:43:50 office and everybody who was involved feel extremely
11:43:55 bad that it happened.
11:43:56 I think it was just one of those bureaucratic
11:43:58 nightmares where, you know, unfortunately and
11:44:02 tragically she slipped through the cracks and she
11:44:04 ended up staying in jail for two days.
11:44:08 I have no doubt whatsoever that everybody feels bad

11:44:10 enough that it is, and I don't think we need to
11:44:13 regurgitate the same thing all over again.
11:44:17 >>SHAWN HARRISON: Further discussion on that?
11:44:19 I agree with councilman Dingfelder.
11:44:25 It's too bad that it happened.
11:44:27 But I see in a benefit to anyone concerned by airing
11:44:31 it further at that podium.
11:44:34 So I will not support that motion either.
11:44:35 We have a motion and a second.
11:44:37 All in favor of the motion signify --
11:44:43 >>MARY ALVAREZ: I don't think I had a second on it.
11:44:47 Oh, did you?
11:44:48 >>SHAWN HARRISON: The motion then is to ask for a
11:44:50 report.
11:44:52 Did you give a date?
11:44:54 >>MARY ALVAREZ: No, I didn't.
11:44:55 But a written report would be just as good.
11:44:57 I think it's a Curt easy to me as public safety
11:44:59 chairman what I am really asking for.
11:45:02 So if you don't want them to appear, that's fine, too.
11:45:06 But to make a written report as to how it transpired
11:45:10 would suffice to me.

11:45:11 I don't know about you guys.
11:45:12 >>SHAWN HARRISON: And I certainly don't have any
11:45:15 problem with having them meet personally with you and
11:45:17 give you an explanation.
11:45:18 And then if you think we need to do anything further,
11:45:21 could you bring that back.
11:45:25 >>CHARLES FLETCHER: Actually there is one piece that
11:45:28 I'm very interested in.
11:45:29 If legal feels that there is a privilege issue here or
11:45:32 there's a litigation issue, I would defer to that.
11:45:35 But I would like to know what the policy was at the
11:45:39 time of the arrest and what the policy is now, and
11:45:43 what that change is, so that we have an understanding
11:45:48 of what the action was that was taken to resolve the
11:45:51 issue.
11:45:52 And if that's in writing, I think that is fine.
11:45:54 I would just like to be copied on that.
11:45:57 Because I think it's a tragic situation.
11:46:00 I can't imagine that the law enforcement officers --
11:46:05 we have some of the best -- did anything other than
11:46:08 what they thought they had to do.
11:46:11 But it created a situation that was awful.

11:46:15 I mean, I just have a hard time fathoming out that
11:46:20 would happen.
11:46:21 So what I am interested in is what the direction to
11:46:23 the officers was so we have an idea of what happened
11:46:26 and what has been done to make sure this isn't going
11:46:27 to happen again.
11:46:31 >>SHAWN HARRISON: If Ms. Alvarez will withdraw your
11:46:33 motion, we'll ask for a written report within a week
11:46:36 and ask Chief Hogue to meet with you, and after your
11:46:42 meeting, Mary, if you think we need to air this
11:46:44 further we'll do that.
11:46:46 >>MARY ALVAREZ: I would also like maybe get together,
11:46:51 because Mr. Fletcher and Ms. Saul-Sena and Mr. red --
11:46:59 Mr. Reddick, I'm sure --
11:47:03 >>MARTIN SHELBY: First of all, nothing has been filed
11:47:07 to be appropriate to have a closed meeting.
11:47:09 There is nothing inappropriate about the public safety
11:47:11 chairman making inquiries of the administration and
11:47:13 having the administration brief the public safety
11:47:17 chairman.
11:47:17 I don't know if that has been done at this point but
11:47:19 it would be absolutely appropriate for the

11:47:21 administration to notify and fully advise the public
11:47:25 safety chairman so she'll be apprised of information
11:47:28 to bring to council.
11:47:29 That not being done, from what I hear from you, if
11:47:32 that's the request of council that the administration
11:47:34 brief a public safety chairman, and if you wish to
11:47:36 have the legal department present there as well, or be
11:47:40 advised by the legal department as to the other
11:47:43 parameters in order to protect the liability or to
11:47:47 protect the situation and also protect the rights of
11:47:49 the individuals out there, all individuals involved
11:47:52 here, that will be my recommendation.
11:47:55 In lieu of a written report.
11:47:57 If you wish to have a written report, I think that
11:47:59 motion, you can do so.
11:48:00 But my sense is that to create a public record, and in
11:48:09 the period of one week would not be a sufficient, or
11:48:14 probably a responsible thing to do in all fairness.
11:48:18 My suggestion is, council, in deference to the public
11:48:21 safety chairman, I think the public safety chairman, a
11:48:24 member of that committee, and as a member of this
11:48:26 council, should be fully briefed by the

11:48:28 administration.
11:48:30 >>MARY ALVAREZ: Okay.
11:48:32 >>SHAWN HARRISON: Do you withdraw your motion?
11:48:34 >>MARY ALVAREZ: I withdraw my motion and make the
11:48:36 motion that -- make a motion to go ahead and that I
11:48:40 would like to meet with the --
11:48:43 >>JOHN DINGFELDER: I make a motion that the
11:48:44 administration meet with Ms. Alvarez on this issue.
11:48:48 >> Second.
11:48:48 >>SHAWN HARRISON: Mrs. Saul-Sena?
11:48:50 >>LINDA SAUL-SENA: I understand what Mr. Shelby
11:48:52 cautioned us about in terms of a written record.
11:48:54 But the policy improvements made in response to this
11:49:00 situation are something that I'm interested in.
11:49:02 So I will ask for your suggestion.
11:49:09 >>MARTIN SHELBY: I would suggest, council, that the
11:49:11 appropriate thing to do would be to ask that any
11:49:13 public record generated as a result of this incident
11:49:16 be provided to City Council.
11:49:18 >>LINDA SAUL-SENA: Okay.
11:49:21 So moved.
11:49:23 >> Second.

11:49:23 >>SHAWN HARRISON: Motion and second.
11:49:26 >>JOHN DINGFELDER: I'll add that as a friendly
11:49:28 amendment to my motion.
11:49:28 >>SHAWN HARRISON: Is everybody on board with what the
11:49:30 motion is now?
11:49:32 >>LINDA SAUL-SENA: Yes.
11:49:32 >>SHAWN HARRISON: Motion and second.
11:49:33 (Motion carried).
11:49:35 >>MARY ALVAREZ: That's it.
11:49:40 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
11:49:41 A couple of things.
11:49:42 Steve Robb, I made a motion for him to come in on
11:49:48 February 22nd to get his commendation.
11:49:53 >> Second.
11:49:53 >>JOHN DINGFELDER: He's a decorated veteran.
11:49:56 And we had already done the commendation before.
11:49:59 He's just going to come in and do get it.
11:50:03 February 22nd.
11:50:04 (Motion Carried).
11:50:05 >>JOHN DINGFELDER: The little league around the
11:50:07 country and probably around the city have a little bit
11:50:09 of problem.

11:50:10 There was a recent rules change that increased the --
11:50:17 I'm made aware that Bayshore little league this has
11:50:20 created a problem, being constrained on how they are
11:50:23 going to increase the size of the field and now they
11:50:25 may need to knock down the clubhouse and they don't
11:50:27 have the money to rebuild the clubhouse.
11:50:29 And I have a feeling that this might be a problem
11:50:31 around the city at all the little league field.
11:50:34 So I would like a staff report back from the Parks
11:50:37 Department, since we are approaching the spring, in
11:50:40 three weeks, to address this issue on a city-wide
11:50:44 basis, and specifically on Davis Island and Bayshore
11:50:48 little league.
11:50:49 >>SHAWN HARRISON: Motion and second.
11:50:50 Any discussion?
11:50:53 [Motion Carried Unanimously]
11:50:54 >>JOHN DINGFELDER: That would be a verbal staff
11:50:55 report.
11:51:00 Marinas, we have all been reading in the paper how we
11:51:02 are losing private boat slips, and we haven't heard
11:51:05 really much from the administration about our city
11:51:07 marinas for quite awhile.

11:51:09 So I would like an update on the status of the city
11:51:12 marinas, Bayshore in particular, the Marjorie Park
11:51:15 marina and any other marina issues that we are dealing
11:51:18 with.
11:51:18 I give them a month.
11:51:21 >>MARY ALVAREZ: Second.
11:51:22 >>SHAWN HARRISON: Mr. Dingfelder, included in that the
11:51:27 new one at Marjorie Park.
11:51:30 They had asked that they be allowed to sell smoothies
11:51:35 and soft drinks and snacks and that stuff and I don't
11:51:38 think they can.
11:51:45 It is a beautiful little place.
11:51:46 If they can make a little extra money to help run it.
11:51:50 >>LINDA SAUL-SENA: That would be a second motion.
11:51:53 >>JOHN DINGFELDER: Just a report -- I'll include it in
11:51:56 my report.
11:51:57 >>SHAWN HARRISON: Motion and second.
11:51:58 (Motion carried).
11:51:59 >>JOHN DINGFELDER: Last but not least, morning for
11:52:02 football, you remember we made the motion awhile back
11:52:05 about the water department working with plant high to
11:52:07 paint the water tower.

11:52:09 So we had a money problem because the city wasn't
11:52:12 going to do that.
11:52:13 Not appropriate for the city to do it. Anyway, I want
11:52:15 to commend Plant High School parent Dick COLEY,
11:52:21 C-O-L-E-Y, he stepped forward, is probably going to be
11:52:24 paying 8 to $10,000 out of his pocket.
11:52:26 Whatever amount the school can't raise he's going to
11:52:28 fill in the gap and paint that tower and it's going to
11:52:31 say plant high school, state champions.
11:52:36 So thank you, Mr. COLEY and your family.
11:52:40 >>FRANK REDDICK: I just have one item, Mr. Chairman.
11:52:42 And that is, it just came to my attention this morning
11:52:47 that there's a company that is in the process of
11:52:52 building a crematory on the fringe of historic Ybor,
11:52:57 and that the residents are very concerned about this,
11:53:00 and I think the type -- it's already zoned, they don't
11:53:10 have to come before council.
11:53:14 But the representatives in that community have
11:53:17 concerns about this crematory being built at historic
11:53:23 Ybor.
11:53:23 And I would just like to have staff to update maybe in
11:53:28 a week, and come before us in a week's time.

11:53:39 >>JOHN DINGFELDER: Mr. Shelby, you're the crematory
11:53:41 expert.
11:53:41 And we have another one cellular.
11:53:43 >>MARTIN SHELBY: Council, I was just talking with Ms.
11:53:46 Cole about this.
11:53:46 Because I believe it was -- when it came up the last
11:53:49 time it was already in the process.
11:53:50 I don't recall whether council made any direction or
11:53:53 request of the staff to address the issues of
11:53:56 crematory perspectively with changes in the code.
11:54:01 I don't have a specific recollection.
11:54:03 >>LINDA SAUL-SENA: Didn't we say we want it to be a
11:54:08 special use 2 so it would have to come back before us?
11:54:10 I think we did.
11:54:15 >>MARTIN SHELBY: If you want to put this under staff
11:54:17 reports or unfinished business, and we can ask staff
11:54:23 for an update.
11:54:25 I'm at a loss, because I recall it coming up.
11:54:28 I recall it being a concern for this council.
11:54:31 I recall it being difficult because it was already in
11:54:36 the works.
11:54:36 I don't have a specific recollection prospectively for

11:54:41 future what council's action was or direction.
11:54:44 So I am going to have to do some research and refresh
11:54:46 my recollection and perhaps ask staff's assistance.
11:54:51 >>MARY ALVAREZ: I don't think we made any
11:54:52 recommendations or anything at that time, because
11:54:56 staff told us it was zoned for that and all we did was
11:55:00 took the complaints and fortunately they withdraw
11:55:01 the -- withdrew the application.
11:55:05 >>JOHN DINGFELDER: I think we drafted a letter to EBC
11:55:10 with our concern.
11:55:11 I think we should do the same thing with the one that
11:55:13 Mr. Reddick brought to our attention.
11:55:15 >>LINDA SAUL-SENA: I think we should look into making
11:55:18 it a special use.
11:55:19 I think the public obviously is really concerned about
11:55:24 this, and if this is special use then it comes back
11:55:27 before council at a public hearing before being
11:55:31 permitted for this use.
11:55:38 >>FRANK REDDICK: If we can do that.
11:55:40 And I think it's important that we at least put the
11:55:45 agenda item for discussion at the next meeting.
11:55:47 >>LINDA SAUL-SENA: Second.

11:55:51 >>MARTIN SHELBY: May I ask if -- would that be enough
11:55:54 time for staff to be able to come back?
11:55:55 Because what I can do is obviously do the research as
11:55:57 I did in assistance to the chair with the preparation
11:56:01 of the letter to the EPC, contact EPC, find out what
11:56:04 the file number is.
11:56:06 Because you refreshed my recollection, councilman
11:56:10 Dingfelder.
11:56:10 The chair did send a letter to EPC relative to that
11:56:13 particular permit which is already under way, an air
11:56:16 quality permit under which the EPC has jurisdiction,
11:56:19 just expressing the fact that there's community
11:56:21 concern.
11:56:21 >>JOHN DINGFELDER: Here's the motion.
11:56:26 It says the administration be requested to appear
11:56:28 before council on March 15th, 2007, to provide a
11:56:32 report on how the city can further protect
11:56:34 neighborhoods from crematories, further that the legal
11:56:36 department be requested to draft an ordinance creating
11:56:38 a special use for crematories.
11:56:40 So we have done that one.
11:56:42 But I think on this particular project, I think that

11:56:44 we need to jump into gear.
11:56:46 Mr. Shelby may be looking to where it is in the
11:56:49 process and see if we can send a letter of concern to
11:56:53 the EPC.
11:56:54 >>SHAWN HARRISON: Why don't we do this?
11:56:57 Why don't we schedule it for a staff report next week.
11:56:59 Mr. Reddick, you get with Mr. Shelby between now and
11:57:02 Thursday. If there's anything we can do, we'll hear
11:57:04 about it on Thursday.
11:57:05 >>FRANK REDDICK: That will be fine.
11:57:06 >>SHAWN HARRISON: Motion and second to schedule that
11:57:11 for staff report.
11:57:11 (Motion carried).
11:57:12 >>CHARLES FLETCHER: I just got a message.
11:57:23 We had passed a resolution proposing the special
11:57:27 legislation changing the makeup of the Planning
11:57:28 Commission.
11:57:29 And I understand that the delegation met this morning,
11:57:32 and they tabled action on that.
11:57:34 So that will not be going to the legislation this
11:57:37 year.
11:57:37 I don't know about action on the Sports Authority.

11:57:41 That I'm not aware of but I understand the Planning
11:57:43 Commission, in a action is taken before this year.
11:57:51 >> I would like the commendation to landmark
11:57:53 development for donating the light poles to the city
11:57:57 to be February 22nd at 9 a.m
11:58:01 Motion and second.
11:58:02 (Motion carried).
11:58:03 I would like the legal department to come in next week
11:58:05 during staff reports and update us on their research
11:58:08 on the sexual offender ordinance.
11:58:20 Just an update.
11:58:20 I haven't received any response back as to whether or
11:58:22 not the proposal is Constitutional or not.
11:58:28 They haven't completed their research to my knowledge.
11:58:42 This would be a staff report on the progress but two
11:58:43 weeks is fine.
11:58:44 Two weeks.
11:58:45 That would be the 15th during staff reports,
11:58:48 unfinished business.
11:58:49 Specifically, I would hopefully by then they will have
11:58:51 an answer phone the ban being Constitutional, and
11:58:56 where we go at that point, if that answer is no.

11:59:03 >> What I would like to do at the same time -- well, I
11:59:07 remember.
11:59:11 When we are -- I asked for how many people were
11:59:16 affected, what is the feedback of social service
11:59:21 agencies, and working on that.
11:59:25 So I would like that to come back, too.
11:59:27 >>SHAWN HARRISON: I don't want to make them do
11:59:34 anything.
11:59:35 I'm simply asking for a report.
11:59:36 They should have the research completed on the banish
11:59:40 you.
11:59:40 And remember that the whole thing, if the man is
11:59:45 Constitutional, that's the number one item we need to
11:59:48 do.
11:59:48 We don't even have to deal with the 2500 feet.
11:59:51 So they have to have an answer fairly quickly on that.
11:59:53 So 215 during staff reports.
11:59:57 And Mrs. Saul-Sena, if they have any additional
11:59:58 information to provide with your request then we'll
12:00:00 make that part of the presentation as well.
12:00:03 Motion and second.
12:00:04 Further discussion?

12:00:05 (Motion Carried)
12:00:08 I think those all I have.
12:00:10 >>MARTIN SHELBY: I just want to bring to council's
12:00:12 attention it is the noon hour.
12:00:13 But Ms. Coyle is here and she has information relative
12:00:19 to the crematory. If council wishes to take a few
12:00:21 minutes to address that today you may be able to get
12:00:24 some guidance.
12:00:26 >>SHAWN HARRISON: Is this specifically to the Ybor
12:00:28 City crematorium?
12:00:33 >>> CATHY COYLE: That particular parcel is zoned
12:00:35 industrial heavy which is the heaviest district that
12:00:38 we have in the city.
12:00:39 And the people -- it's the same establishment that was
12:00:42 going to be placed on Florida.
12:00:45 They withdrew from Florida and tried to find a heavy
12:00:48 industrial zoned property, which they have.
12:00:50 And it happens to be within that district.
12:00:57 >> Is there any residential nearby?
12:01:02 >>CATHERINE COYLE: I don't believe.
12:01:07 >>SHAWN HARRISON: If you will update Mr. Reddick
12:01:09 between now and Thursday.

12:01:10 Is there anything further to come before council?
12:01:14 >> Move to receive and file.
12:01:15 >>SHAWN HARRISON: Motion to receive and file all
12:01:17 documents.
12:01:17 (Motion carried)
12:01:18 Is there anyone in the public?
12:01:20 (Meeting adjourned)
12:01:20