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Tampa City Council
Thursday, June 28, 2007
9:00 a.m. session

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08:56:44 >>GWEN MILLER: Tampa City Council is called to order.
09:04:21 The chair will yield to Mr. John Dingfelder.
09:04:24 >>JOHN DINGFELDER: Good morning, Madam Chair, council,
09:04:28 audience.
09:04:28 This morning our invocation is -- our invoker is
09:04:35 Nicholas Ponte.
09:04:38 Nicholas is 18 years old, just graduated from Plant
09:04:43 High School.
09:04:45 Go Panthers.
09:04:46 At plant he had a G.P.A. of 4.3.
09:04:49 He's a soccer player and on the plant high choir in
09:04:51 the last couple of -- years, going to Samford
09:04:58 university in Birmingham and will study sports
09:05:00 medicine.
09:05:01 Nick, if you will join us in the invocation.
09:05:04 Everybody stand, please.
09:05:09 >>> Spirit of life, be present with us this hour.
09:05:12 Join us today as we gather in a wider search for truth
09:05:15 and purpose.
09:05:16 In this quest, may we greet one another with open
09:05:18 hearts and minds.
09:05:19 May we inspire each other to consider new questions
09:05:22 and seek deeper meaning.
09:05:23 And may we cultivate wisdom and compassion, to your
09:05:29 welcome -- a welcome face, hear a kind word and find
09:05:33 comfort in this community and that all that is done
09:05:37 today be in service and justice to others.
09:05:39 Thank you.
09:05:39 (Pledge of Allegiance).
09:05:55 >>JOHN DINGFELDER: Thank you, Nicholas.

09:05:57 Good luck in school.
09:05:58 >>GWEN MILLER: Roll call.
09:05:59 [Roll Call]
09:06:08 >>GWEN MILLER: At this time, Ms. Mulhern, are you
09:06:11 ready?
09:06:11 >>MARY MULHERN: It's my pleasure this morning to be
09:06:27 able to introduce to you Carla Jimenez, one of the
09:06:33 co-owners of a women-owned small business in Tampa, a
09:06:41 book store which has been around for years, longer
09:06:44 than I have been in Tampa.
09:06:45 At least ten years.
09:06:47 Carla is going to tell us about next week, the sixth
09:06:52 annual celebration of independence week, and Carla is
09:06:57 a member of the Tampa independent business alliance
09:06:59 which is growing, and it's an alliance of all the
09:07:02 small businesses in Tampa that are supporting each
09:07:08 other, and trying to help grow our economy in a
09:07:13 healthy way that small businesses do.
09:07:16 I just want to read you a couple of statistics and
09:07:20 information about what a great impact on economic
09:07:23 development small businesses have.
09:07:26 We often think about we need to bring, you know, these

09:07:31 large corporations into Tampa to create jobs and to
09:07:34 create economic value, and we see new big box stores
09:07:40 every day, but the reality is that businesses that
09:07:42 stay here and nurture our community and grow our
09:07:44 economy are the smaller businesses.
09:07:48 Study after study confirms that local stores and
09:07:51 restaurants generate more than three times the local
09:07:53 economic activity of remote-controlled national
09:07:57 chains.
09:07:58 The taxes collected from such local expenditures
09:08:02 bringing up to five times the revenue, up to 0% of
09:08:06 the money spent in national chains leaves town in the
09:08:10 night deposit.
09:08:11 And that might be one of the most important things
09:08:12 that we want to nurture our small businesses, because
09:08:15 the money goes back into our economy.
09:08:20 And it just creates the wonderful character of what
09:08:23 our city is, as a destination and as a place to live,
09:08:28 those place that is you get used to in your
09:08:30 neighborhood and all over the city.
09:08:31 They really represent who we are.
09:08:33 So I am going to turn it over to Carla to talk about

09:08:38 some of the events for independence week.
09:08:42 >>> Thanks so much.
09:08:42 As Mary said I'm Carla Jimenez.
09:08:47 I am the co-owner of Inkwood Books but here for TIBA,
09:08:54 Tampa Independent Business Alliance, to invite you and
09:08:57 the entire community to help celebrate independence
09:09:00 with the nationwide observance of our sixth annual
09:09:04 independence week.
09:09:05 It's official.
09:09:06 I have the mayor's proclamation.
09:09:08 This is going to be independence week from July
09:09:10 1st through 7th and we want to be on your
09:09:13 radar.
09:09:13 We want to give you a little bit of history.
09:09:15 You should all nobody while independence week is now
09:09:18 observed nationwide by 32 affiliated alliances in 24
09:09:23 states, national associations including the American
09:09:26 book sellers association, the council of independent
09:09:29 restaurants, the coalition of independent music
09:09:31 stores, and the American specialty retailers as well
09:09:36 as Main Street and downtown associations all over the
09:09:39 country, it all started right here in 2001 in Tampa.

09:09:42 A group of local independent business owners who
09:09:45 appreciated each other decided to celebrate
09:09:49 independence during the week of the Fourth of July.
09:09:51 The value of Tampa's rich community of locally owned
09:09:57 independent businesses from fine restaurants, to
09:09:59 pharmacies, hardware stores to funky record stores.
09:10:02 Those businesses were founding members of TIBA, when
09:10:05 it formally affiliated with the independent business
09:10:08 alliance, and we are now part of the growing national
09:10:10 network of similar cooperative organizations.
09:10:13 Our local alliance has likewise continued to grow and
09:10:16 we now are 130 members all listed in the hot off the
09:10:21 presses member directory that you have been handed.
09:10:24 You are the first people to get that, and use it when
09:10:26 you shop.
09:10:27 This year independence week kicks off with a TIBA Expo
09:10:31 and market on Saturday, June 30 from 11 to 3
09:10:34 showcasing members with booths for information drawing
09:10:38 prizes and samples of food and drink.
09:10:41 Festivities continue throughout the month of July when
09:10:44 everyone can win great prizes by visiting TIBA
09:10:50 businesses.

09:10:51 TIBA members have donated thousands of dollars in gift
09:10:56 certificates for our annual drawing to thank the
09:10:58 customers who put their money where their house is.
09:11:01 When we ask you to celebrate independence we want you
09:11:05 to move through the community with your eyes wide open
09:11:07 to what makes Tampa, Tampa.
09:11:10 Think of what you would show to newcomer or visitor.
09:11:13 You certainly wouldn't take them to a chain.
09:11:15 We are fortunate to have a vital diverse array to
09:11:17 choose from for everything from donuts to fine dining
09:11:20 to the latest fashion, music, massage or cutting edge
09:11:27 haircuts.
09:11:28 You can pick up the latest CD from a local band that
09:11:31 you heard on WMNF radio, or buy local blueberries.
09:11:37 Who among us wouldn't agree that no chain comes close
09:11:40 to big John's Alabama barbecue or Nemeth's Alaskan
09:11:45 tacos or Carrollwood bagels.
09:11:47 In each of these businesses you will be offered
09:11:50 personal attention with accountability from owners and
09:11:53 managers who are successful and deeply committed to
09:11:56 their community.
09:11:56 We all bring our individuality, character and passion

09:11:59 to our businesses as well as to our community and we
09:12:01 are here to stay.
09:12:04 This week's news included the finding that Florida is
09:12:07 back on top as number one tourist destination.
09:12:10 As we choose which businesses to support in our daily
09:12:12 routine it's important to remember the impact on
09:12:14 visitors.
09:12:15 The choice created by locally owned independence
09:12:20 defines an area's character and locally owned
09:12:24 independence essential to maintaining visitors
09:12:26 interest.
09:12:27 What do travelers bring back from vacation to share
09:12:29 with their friend?
09:12:30 It's the unique places and experiences from cafes to
09:12:33 book stores and boutiques.
09:12:35 Many of us who are members of TIBA have national
09:12:38 reputation and become destinations.
09:12:44 No one goes home to share experiences of the same
09:12:50 national chains they found in every time.
09:12:53 The life of historic buildings, volunteer for local
09:12:56 causes and involved in civic manners, and improving
09:13:01 quality of lives.

09:13:03 But the tangible benefits of localism are measurable
09:13:06 and significant, local independents are powerful
09:13:11 players.
09:13:11 We circulate money right here for local business
09:13:14 services from banking to health care to printing and
09:13:17 cabinet making, while supporting our schools, parks,
09:13:21 and home sources.
09:13:22 Study after study from Maine to Arizona to Texas to
09:13:25 California confirms that local stores and restaurants
09:13:28 generate more than three times the local economic
09:13:30 activity of national chains, while up to 80% of money
09:13:35 spent in national chains leave town in overnight
09:13:39 deposit. The taxes collected from such local
09:13:42 expenditures brings up to five times the revenue for
09:13:44 public projects.
09:13:45 Especially important to remember as we face shortfalls
09:13:50 and revenue sharing.
09:13:52 The lost revenue from Internet sales alone is enough
09:13:58 reason to support local businesses.
09:14:01 Each time someone chooses to spend their dollars at a
09:14:03 local independent, they are voting for the continued
09:14:06 strength and vitality of our community.

09:14:08 TIBA aims to help Tampa's treasures to effectively
09:14:13 compete against chain competitors and help stop the
09:14:16 trend of losing community based businesses.
09:14:19 TIBA's primary mission is to raise awareness among our
09:14:23 commerce, our clients and community leaders like you
09:14:25 as a vital importance of locally owned businesses to
09:14:28 our cultural landscapes, the vitality of our
09:14:30 neighborhood and to every aspect of community --
09:14:33 >>GWEN MILLER: How much more to go?
09:14:35 >> I have three more sentences.
09:14:37 And allows the economic stability and growth of Tampa
09:14:40 Bay.
09:14:40 I officials are pledging to spend only at local
09:14:47 businesses from July 1 through 7 and I would invite to
09:14:50 you take that challenge up yourself.
09:14:53 In Albuquerque, they say keep Albuquerque quirky.
09:15:01 Shop locally.
09:15:01 Thanks for your time.
09:15:02 >>JOHN DINGFELDER: Thank you, Carla.
09:15:05 Definitely inspirational.
09:15:06 And I appreciate the good work that you all are doing.
09:15:09 The question I have is you mentioned taxes a few

09:15:12 times, and are you as a group talking about the impact
09:15:16 of property taxes?
09:15:18 I'm a small business owner.
09:15:20 I know many of you own property and if you don't own
09:15:25 property you rent property and the property taxes are
09:15:27 probably being passed on to you through your
09:15:29 landlords.
09:15:29 I have been very concerned that they went to
09:15:33 Tallahassee and helped homesteaded folks even more but
09:15:35 they are not helping small business in that way.
09:15:39 Are you all talking about that?
09:15:40 And what are you doing about it?
09:15:41 >> Well, I would say we haven't talked about it, no.
09:15:45 We have had to keep our focus pretty steady on our
09:15:48 mission of increasing public awareness, and spending
09:15:53 which helped us have a greater impact, and by joining
09:15:56 together we get to have a voice, but that frankly is
09:15:58 not something that we have a position on or talked
09:16:00 about.
09:16:01 It certainly does concern some of our members and I
09:16:04 appreciate your concern.
09:16:04 >>JOHN DINGFELDER: Maybe coming into next year you

09:16:08 will approach the delegation on that or at least the
09:16:13 chamber.
09:16:13 I think those are critical issues for the survival of
09:16:16 your members.
09:16:16 >>> Great idea.
09:16:18 I'll certainly take it back to our members.
09:16:19 >>LINDA SAUL-SENA: I want to thank Mrs. Mulhern for
09:16:25 inviting TIBA here today and I recognize this is a
09:16:28 national movement and I think your message of keeping
09:16:31 Tampa authentic is great.
09:16:34 Until you explained this I never thought about, you
09:16:36 know, going to the neighborhood pharmacy or the CVS up
09:16:43 the street.
09:16:44 You have really put into perspective how much further
09:16:48 my dollar, all of our dollars go in supporting Tampa
09:16:51 by spending at the locally owned businesses.
09:16:55 Thank you for that.
09:16:56 >>GWEN MILLER: Thank you.
09:16:56 We appreciate you coming.
09:16:59 >>MARY MULHERN: I just wanted to introduce Carla to
09:17:04 Mr. Caetano who owns two small businesses up in New
09:17:07 Tampa and he might want to join your organization.

09:17:10 I also wanted to put in a plug for all these
09:17:12 independent businesses.
09:17:14 Carla has these fliers here so you can see where the
09:17:17 good places to shop are.
09:17:19 The other thing I wanted to suggest is we as a council
09:17:22 start to think about, since this is such a great
09:17:25 economic driver, these independent businesses and
09:17:28 since we have this new development going on especially
09:17:30 in the downtown area, and in Channelside, that we
09:17:34 helped the small businesses to survive.
09:17:37 And also that we look at what benefit they really
09:17:41 bring as far as tax revenue and giving back to the
09:17:44 community, and maybe look at ways that we can help
09:17:46 them.
09:17:46 We try to attract big businesses and large numbers of
09:17:50 jobs with grants, and I think we might want to look at
09:17:53 ways that we could help smaller businesses with the
09:17:56 small loans, and small business loan, which wouldn't
09:18:00 be very much money, which we could help them to
09:18:03 acquire, to keep their businesses in Tampa, because as
09:18:06 we develop, it gets harder and harder for the smaller
09:18:09 businesses to afford the rent, and the property taxes.

09:18:15 >>> Can I comment just a second?
09:18:17 I want to say we are a resource.
09:18:19 I could go on for years and I know I don't have time
09:18:22 for that but we want to be on your radar as we make
09:18:25 those decisions and I'm in touch with national
09:18:27 organizations from Vermont to Maine to California to
09:18:30 Arizona where there are local communities, some of
09:18:32 them are publicly funding a local first campaign, some
09:18:35 of them are coming up with zoning regulations that
09:18:37 make it more friendly to local businesses.
09:18:40 But all over in what you do, we want to be on the
09:18:43 radar.
09:18:44 >>LINDA SAUL-SENA: John Dingfelder, you are the
09:18:47 chairman of the Finance Committee.
09:18:48 So I think it would be great if you would get TIBA
09:18:54 together with Greg spearman, who is head of
09:18:57 purchasing.
09:18:57 I don't know to what degree he's aware of TIBA.
09:19:01 But we talked about how we can use our city dollars in
09:19:04 a way that most benefits our community.
09:19:07 And I think there might be some opportunities that we
09:19:10 haven't explored.

09:19:10 So I put that in your court, if you don't mind.
09:19:16 >>GWEN MILLER: Thank you.
09:19:17 We appreciate that.
09:19:19 We now go to approval of agenda.
09:19:21 Any items we need to pull?
09:19:24 I would like to pull item 31 and 36.
09:19:30 I see Mr. Mark Huey here.
09:19:32 He might want to speak on that shortly.
09:19:34 >>JOHN DINGFELDER: Number 21.
09:19:50 >>GWEN MILLER: Any other items?
09:19:52 >>JOHN DINGFELDER: Anything to be pulled?
09:19:54 >>GWEN MILLER: We have a motion and second to approve
09:20:02 the agenda.
09:20:02 (Motion carried)
09:20:08 35 and 36?
09:20:10 >>MARK HUEY: Economic development administrator.
09:20:13 This morning you have three items on your agenda that
09:20:16 collectively represent a unique opportunity for our
09:20:20 community to be part of something very special.
09:20:22 And because it's important, I wanted to appear before
09:20:27 you briefly this morning.
09:20:29 Today you are being asked to approve a package of

09:20:35 incentives to support a partnership between Moffitt,
09:20:38 our community Moffitt and Merck pharmaceuticals.
09:20:45 As your business economic administrator for four
09:20:48 years, I had the privilege of serving in that
09:20:50 capacity.
09:20:50 I never had the opportunity to bring you something
09:20:53 that represents both such an out standing economic
09:20:57 development opportunity for community in terms of
09:21:03 investment and so forth, with the opportunity to
09:21:05 create more tax revenues for our community, and at the
09:21:07 same time represent such a public good.
09:21:10 This partnership promises to be a partnership that
09:21:16 literally will change the way cancer is prevented and
09:21:21 treated, and in so doing, save many lives.
09:21:28 There is a representative from Moffitt who will make a
09:21:31 few comments after I conclude my thoughts.
09:21:34 But I appreciate the opportunity to appear before you
09:21:37 briefly this morning.
09:21:40 Moffitt has committed to build, with Merck, a 50,000
09:21:44 square foot facility within the city limits.
09:21:47 They are promising to provide 108 jobs, $80,000
09:21:53 average salary, very substantial jobs for our

09:21:55 community.
09:22:00 Through what they are doing they will create direct
09:22:03 revenues of about $1.6 million for the city, and there
09:22:08 are three incentives you are being asked to approve,
09:22:12 are all part of a larger incentive package that's been
09:22:15 made available to Moffitt.
09:22:17 That incentive package is involved with state, is
09:22:22 committing $15 million.
09:22:23 The county has already approved a commitment of $20
09:22:27 million, plus land that they are making available to
09:22:30 Moffitt, and now we are doing our part.
09:22:34 All of the incentives from the state and county have
09:22:38 been approved.
09:22:39 The state's commitment is really pending your action
09:22:42 this morning.
09:22:45 The return on investment, when you look at it from
09:22:48 that standpoint, from the financial contributions that
09:22:51 we are making over the next ten years, will be having
09:22:56 a 50% return on investment.
09:22:58 So it makes sense from that standpoint.
09:23:00 And again, the human benefit opportunity that we are
09:23:06 able to be a part of, you can't put a price on that.

09:23:11 So again I thank you for the support that you provided
09:23:15 for this over the past 18 months and the -- as the
09:23:19 community collectively has worked to bring this
09:23:23 opportunity to fruition, and happy to answer any
09:23:25 questions, and also again there's a representative
09:23:28 from Moffitt who would like to make a brief comment.
09:23:38 >>> Good morning.
09:23:40 My name is Nick Porter, executive vice-president of
09:23:43 Moffitt cancer center.
09:23:45 I joined the Moffitt in 1988, and it has been an
09:23:48 exciting part of my life to be involved with the
09:23:52 growth of the Moffitt cancer center.
09:23:54 And I would like to thank you all and the mayor for
09:23:56 this major new piece of our next generation of the
09:24:00 Moffitt cancer center.
09:24:03 Mark has already said many words about the economic
09:24:06 development.
09:24:07 To me personally what it will do in terms of providing
09:24:11 mechanisms to diagnose cancer earlier, to provide the
09:24:14 proper treatments for cancer is just immense.
09:24:17 So again I would like to thank you for the
09:24:20 opportunity, for the Moffitt cancer center to advance

09:24:24 not only in the area of cancer but for Tampa Bay
09:24:26 itself.
09:24:27 Thank you very much.
09:24:30 >>CHAIRMAN: Thank you.
09:24:32 >> Let me just applaud all of the partners for what I
09:24:35 believe the true partnership and for a worth while
09:24:42 endeavor and investment.
09:24:43 First I thank Moffitt for what they do for the
09:24:46 community.
09:24:47 I think most of us, all our families have been touched
09:24:54 by cancer in some way.
09:24:56 So thank you for the work that you do and continue to
09:24:58 do, and Merck and the team to continuing to research
09:25:07 that will help save lives, and also the partnership
09:25:10 from the county's perspective, the county stepped up
09:25:13 and actually gave something like $28 million in
09:25:18 revenue and property, and the state 15 million and
09:25:22 then the city, a million dollar, cash money as well as
09:25:28 property is to the kind of partnership that we would
09:25:34 really like to see the community come together and
09:25:36 work on together.
09:25:37 I hope in the future it's these kinds of interest that

09:25:41 we can bring together and bring to our community and
09:25:44 make it successful.
09:25:45 Again, thank you for the work you are doing and also
09:25:50 the administration, mark, for this kind of work.
09:25:53 I think this says a lot about our community to come
09:25:55 together and work together.
09:25:59 >>JOHN DINGFELDER: Thanks for two decades of service
09:26:03 to Moffitt and to the community.
09:26:05 And you mentioned the regional significance of
09:26:10 Moffitt.
09:26:10 And I'm sure probably it goes beyond that.
09:26:12 In looking at it myopically, we are so pleased that
09:26:15 you are here in Tampa.
09:26:17 We are so pleased that you want to stay in Tampa and
09:26:20 Hillsborough County.
09:26:20 And, you know, I think it just reinforce it is
09:26:26 greatness of our community, and the message that you
09:26:29 send to the health care community around the country,
09:26:31 I think, will be a beacon to bringing in other health
09:26:34 care industries into the north end and the whole
09:26:37 region for you.
09:26:38 So we really appreciate that and appreciate working

09:26:41 closely with the committee of 100, with Mr. Huey and
09:26:45 have been else who has been involved and Hillsborough
09:26:47 County.
09:26:47 I know they are a major player in this and thank you
09:26:50 to them.
09:26:50 >>GWEN MILLER: And no one can be a better spokesman
09:26:54 for Moffitt than I am.
09:26:56 I have been there and understand the need for the
09:26:58 purpose of this so I am very happy this has come
09:27:00 before us and I know my councilmen are going to
09:27:03 support it because as so many people in the community
09:27:05 go out there now, because I know there's a long list
09:27:10 of people waiting to get there.
09:27:12 This will be much better for them and I really
09:27:14 appreciate all the work you are doing.
09:27:15 I appreciate the staff, county commission, the mayor
09:27:18 and all in the city who work so hard to make sure we
09:27:21 get this funding and I know it's going to be very
09:27:23 successful.
09:27:24 Thank you for being here.
09:27:26 Okay.
09:27:26 We go to Cathy Ginster.

09:27:37 >>> I'm assistant city attorney assigned to the
09:27:41 brownfield redevelopment program.
09:27:42 For those of you that don't know, there's a state
09:27:45 statute that assesses interested parties to
09:27:52 rehabilitate contaminated property to safe
09:27:57 redevelopment.
09:27:58 Today I'm here on the early procedural stages of one
09:28:01 of the brownfield applications to request that a
09:28:05 public hearing be announced as a regularly scheduled
09:28:11 council meeting.
09:28:11 >>JOHN DINGFELDER: If I could, I got your memo.
09:28:14 I'll just go ahead and read, a public hearing will be
09:28:17 held regarding a proposed brownfield designation
09:28:20 applied for by the Westshore Community Development
09:28:22 Corporation approximately 3.7 acres south west of the
09:28:28 intersection of north Park Avenue and West Spruce
09:28:30 Street in the City of Tampa 33607, per Florida
09:28:34 statutes 376 .80, this public hearing will be held at
09:28:38 Hillsborough County senior center locate at 4102 West
09:28:41 Spruce Street, Tampa, Florida, on Monday, July
09:28:44 16th, 2007, between 5:30 p.m. until not later than
09:28:49 7 p.m.

09:28:50 Thank you.
09:28:51 >>GWEN MILLER: Mr. George Martin.
09:29:02 >> Jorge Martin, here on an item involving the
09:29:06 amendment to the lease agreement with the Davis Island
09:29:08 Yacht Club.
09:29:08 The reason for the amendment is to correct essentially
09:29:11 a clerical error on paragraph 2 to the amendment
09:29:20 changing amendment to the amendment as it relates back
09:29:26 to the lease and to add an additional photographic
09:29:29 exhibit.
09:29:30 >> So moved.
09:29:31 >> Second.
09:29:31 (Motion carried).
09:29:32 >>GWEN MILLER: Sal Territo?
09:29:37 >>SAL TERRITO: Legal department.
09:29:41 Here on item number 41.
09:29:42 At this time same thing we did last week on the
09:29:46 volunteers of America, a backup, recommendation.
09:29:51 DACO asking for $16 million in a bond issued for them.
09:29:57 We are getting a fee for this.
09:29:59 The city bears no financial responsibility.
09:30:01 DACO will be the one paying it back.

09:30:03 I don't know if you have any questions on that.
09:30:05 It's just a routine kind of thing we do on a regular
09:30:13 basis.
09:30:13 >>GWEN MILLER: Thank you.
09:30:18 >>> I'm here on item number 42 today to present to you
09:30:23 a scrivener's error revision to the resolution.
09:30:27 You may have received it from me yesterday.
09:30:31 We have the public hearing to set the adoption of the
09:30:32 annual non-ad valorem assessment for stormwater fees.
09:30:37 The time was incorrect.
09:30:40 It's county.
09:30:41 It needs to be 9:30.
09:30:42 And I submitted a revised resolution.
09:30:50 >>GWEN MILLER: We have a motion and second.
09:30:51 (Motion carried)
09:30:54 We go to item number 2.
09:30:58 It's a resolution.
09:31:03 Anyone want to speak on the resolution?
09:31:05 We just make a motion and pass the resolution?
09:31:08 >> So moved.
09:31:09 >>JOHN DINGFELDER: I pulled that last week and Mr.
09:31:12 Metcalf was kind enough to call me and answer my

09:31:15 questions and I'll second the motion.
09:31:16 >>GWEN MILLER: We have a motion and second.
09:31:18 (Motion carried)
09:31:21 Item number 3.
09:31:28 >>> Karen Palus, parks and recreation director here on
09:31:31 item number 3, a target date to limb for ADA problems
09:31:37 on city parks.
09:31:38 That was a difficult one to answer and I did provide a
09:31:40 very lengthy report of where we are at, some of the
09:31:43 background with accessibility in our parks.
09:31:46 I do want to share with you, this is an extremely
09:31:49 important initiative for the Parks and Recreation
09:31:50 Department as a whole.
09:31:52 We strife in design to have universal design that are
09:31:57 accessible to all individuals and all abilities to
09:32:00 enjoy our services.
09:32:02 We will continue to do that with each of our park
09:32:04 facilities that are new and any renovations that we
09:32:09 do, and it's very lengthy but I will be happy to
09:32:14 answer any questions.
09:32:18 >>JOHN DINGFELDER: Excellent job on the report.
09:32:20 It looks like somebody on your staff put a lot of work

09:32:22 into that.
09:32:23 >> Mr. Johnson is here and he's the writer.
09:32:26 >>JOHN DINGFELDER: A survey of all of our parks and
09:32:30 where we are at on these ADA issues and especially the
09:32:33 playground equipment.
09:32:34 But we have a large project in Macfarlane Park that's
09:32:41 coming on board.
09:32:42 And I just wanted to see if you could chat about that
09:32:44 a little bit.
09:32:45 I have been over there.
09:32:46 It looks like we are pushing dirt around.
09:32:50 >>> We officially are.
09:32:50 On the freedom playground it's officially under
09:32:53 construction and Mr. Johnson and Stephani Busansky are
09:33:00 hard at work, and they have already old removed the
09:33:05 old equipment and starting to order the new equipment.
09:33:08 The city has contributed about $475,000 for that
09:33:10 project.
09:33:11 It's about a 1.2 million project total.
09:33:15 It will be a phenomenal facility for all the kids over
09:33:18 in that area to come out and enjoy it.
09:33:20 It will be a destination facility within the City of

09:33:22 Tampa.
09:33:23 >> And how much is the freedom playground foundation
09:33:26 assisting with that as well?
09:33:28 >>> They are responsible for the balance.
09:33:29 So right now we are at 475.
09:33:32 So it's the balance of that 1.2.
09:33:38 >> And do we have a schedule on that, roughly?
09:33:43 >>> He's got all the details.
09:33:46 Tom Johnson, urban planner.
09:33:49 >>> Good morning.
09:33:51 They plan to start construction.
09:33:52 We have actually asked them to wait until after the
09:33:55 holiday because we have shelters rented so they are
09:33:58 going to start July 8th.
09:33:59 They plan to complete it right around the end of
09:34:02 October, early November.
09:34:02 >>JOHN DINGFELDER: Should be very exciting ribbon
09:34:05 cutting.
09:34:06 Thank you.
09:34:06 >>GWEN MILLER: Thank you.
09:34:07 Item number 4.
09:34:12 >>MARY MULHERN: I just wanted to congratulate the

09:34:15 freedom playground foundation is pretty much one mom
09:34:18 who decided that her daughter needed somewhere to
09:34:20 play, and Stephani Busansky has done this incredible
09:34:28 job and it's a great model of the public-private
09:34:30 partnership for us.
09:34:32 She worked with the Parks Department for years.
09:34:34 And the playground will be ready before Sarah goes to
09:34:39 college.
09:34:39 And have been in Tampa is very fortunate to have
09:34:41 Stephani.
09:34:42 She is a wonderful passionate person and has taken
09:34:45 this project from what she started to a phenomenal
09:34:49 city that all City of Tampa residents will enjoy.
09:34:52 Thank you.
09:34:52 >>GWEN MILLER: Thank you.
09:34:56 >>> Cindy Miller, growth management development
09:34:58 services here on item number 4 which is for the
09:35:01 administration to appear and provide a report
09:35:03 regarding the role of parks and recreation and urban
09:35:06 design and crafting the scope of work for projects on
09:35:08 Bayshore Boulevard.
09:35:10 I'm here basically representing the administration

09:35:12 after coordination of with Mr. Steve Daignault -- with
09:35:20 a number of the departments that are involved in
09:35:23 Bayshore.
09:35:23 I believe this item came forth because of a concern
09:35:26 raised because of a request for proposal to be
09:35:29 performed on Bayshore.
09:35:31 We as the administration have coordinated a bit better
09:35:34 in the past few days, and Karen Palus is here, Roy
09:35:38 LaMotte, Wilson Stair, my staff at your ban design,
09:35:41 and we are going to definitely improve our
09:35:43 coordination.
09:35:44 The request for proposal, either the submittals, are
09:35:49 to come into the city, and we will have a better
09:35:52 improved team to both review the scope of work, be
09:35:55 involved in the project as it goes along.
09:35:58 For this particular request for proposals, the money
09:36:03 goes back a number of years.
09:36:04 It's an FDOT grant that has been provided.
09:36:07 It is for improvements primarily that will institute
09:36:12 improvements in safety and other enhancements along
09:36:15 Bayshore.
09:36:16 But whenever there is an improvement along Bayshore we

09:36:20 intend to have a team, cross city lines, cross
09:36:23 departmental lines, and we believe will be a better
09:36:28 from safety as well as appearance standpoint along
09:36:31 Bayshore Boulevard.
09:36:31 >>LINDA SAUL-SENA: I want to thank you for peering
09:36:34 here today and I want to thank the administration for
09:36:36 recognizing that Bayshore is not just a transportation
09:36:40 project.
09:36:40 It is a linear park.
09:36:42 It is the site of many of our most exciting city
09:36:45 festivals.
09:36:46 And it's one of the images that you think of when you
09:36:50 think of Tampa.
09:36:51 And all those considerations need to be taken into
09:36:54 account particularly when you think about the redesign
09:36:58 of it.
09:36:58 And this project goes far beyond putting in some bike
09:37:02 lanes and crosswalks.
09:37:03 So I'm very pleased that urban design will be at the
09:37:06 table, that parks and recreation will be at the table
09:37:08 as well as the transportation planners, and that you
09:37:10 will be working together.

09:37:11 And I hope that your considerations and votes and
09:37:16 thinking both in this project and the future, that all
09:37:19 three of those departments will be at the table, when
09:37:22 you consider Bayshore Boulevard, because it really
09:37:25 does reflect all those concerns, and the community
09:37:29 cares so much about Bayshore.
09:37:33 >>JOHN DINGFELDER: I want to thank Mrs. Saul-Sena for
09:37:36 catching this, because you jumped on it.
09:37:39 A lot of us didn't even know that this RFP was in
09:37:42 existence.
09:37:43 So good work there.
09:37:46 Secondly, Ms. Miller, do you have a sense of timing of
09:37:51 when this road will be moving along? I know
09:37:55 eventually it will come back to us with a contract.
09:37:58 But I think that council would probably appreciate --
09:38:00 and the public would probably appreciate a little bit
09:38:02 more update before we get to that point of issuing a
09:38:06 contract.
09:38:08 >>> If I may defer to Mr. LaMotte.
09:38:10 >>ROY LAMOTTE: Transportation manager.
09:38:14 The RFQs have gone out.
09:38:17 We have received eleven of them and we are in the

09:38:19 process of reviewing them and we hope to have an award
09:38:21 at the end of July.
09:38:22 >>JOHN DINGFELDER: That quickly.
09:38:26 >>> We are trying to stay efficient.
09:38:28 We are working comprehensively.
09:38:29 I think Ms. Miller is pointing out to you that all
09:38:33 parties here are involved in the details of the
09:38:36 project.
09:38:39 >> Roy, we're here for that meeting when we were
09:38:41 talking about other Bayshore issues and many people in
09:38:43 the community talked about these type of issues.
09:38:45 I'm just wondering what the best way for you is to
09:38:48 communicate with us and for us to be able to
09:38:50 communicate with the community in terms of what types
09:38:52 of things we have planned for the Bayshore, and what
09:38:55 opportunity the community will have to give input into
09:38:58 those plans.
09:39:00 >>> I'm going to defer.
09:39:03 >>> I'm the project manager of the transportation part
09:39:07 of the Bayshore Boulevard enhancement project which is
09:39:09 predominantly the southbound bike lane.
09:39:12 We are coordinating with other different departments,

09:39:14 the construction money on that, which came through the
09:39:17 MPO and FDOT enhancement money becomes available in
09:39:21 their fiscal year 2010 so construction won't actually
09:39:24 start until then.
09:39:26 The consultants we are hiring now will be an overall
09:39:28 concept for the pavement, the safety crossings,
09:39:32 et cetera, and the money that we have is for the first
09:39:34 of a possible four or five phases that can be
09:39:37 constructed of all the money left available right now.
09:39:40 And because of the concrete title issue at the north
09:39:44 end which we did discuss with the county last year,
09:39:47 and that's beyond our regular maintenance, that's
09:39:49 actually county capital project and they do not plan
09:39:52 on doing that in the next three years probably.
09:39:55 We are going to start probably with Highland and work
09:40:00 southward with the first phase, working with these
09:40:02 other departments, parks has landscaping enhancements
09:40:06 under the mayor's beautification program and urban
09:40:08 design is going to work with us on those.
09:40:11 >> Is there a point where you will be meeting with the
09:40:13 community?
09:40:17 >>> Our project?

09:40:19 Getting ready to award does include a large public
09:40:22 involvement process and reporting with parks.
09:40:23 So maybe we can dovetail those two projects together
09:40:27 at the same time.
09:40:27 >>LINDA SAUL-SENA: I'm glad to hear you are meeting
09:40:30 with the public.
09:40:31 I want to encourage you to meet with the public very
09:40:34 early on in this, because it's a shame to spend money
09:40:38 on coming up with plans, that you forgot about the
09:40:41 whole other components.
09:40:43 It's really critical that even as you are creating
09:40:45 this sort of overall concept that you meet with the
09:40:48 public and you let us know so that we can tell our
09:40:52 constituents.
09:40:52 A number of people, maybe 30 people, the week before
09:40:56 this council came out to discuss the proposed Bayshore
09:40:59 overlay.
09:41:01 So people really care about this.
09:41:05 Let them get involved, hear their voices early on, use
09:41:09 our consultant money most favorably if we have them
09:41:14 hear from the public from the get-go.
09:41:16 >>GWEN MILLER: Mr. Caetano has a question on another

09:41:19 item.
09:41:19 Maybe you have to get with him.
09:41:22 >>JOSEPH P. CAETANO: Ms. Miller, on item number 27,
09:41:25 approving a transfer, reallocation and/or
09:41:29 appropriation for $1,464,000, where is this money
09:41:36 coming from?
09:41:37 >> This money comes from grants funds.
09:41:40 They are not from our general fund. They are from
09:41:43 grant funds.
09:41:44 This particularly transfer allows us to utilize funds
09:41:48 of grants from previous years, and be able to give
09:41:51 down payment assistance this year.
09:41:52 So this is really business.
09:41:56 >> Thank you, Ms. Miller.
09:41:57 We go to item number 5.
09:42:03 >>GLORIA MOREDA: Land development.
09:42:05 Council requested information as to the fee schedules
09:42:09 for conditional wet zoning.
09:42:11 As you know, the legal department, and Cathy Coyle are
09:42:16 working to change the wet zoning process to a special
09:42:18 use.
09:42:19 It's going to be on the July text amendment at that

09:42:25 time and depending on the amendments that are
09:42:26 approved, staff will evaluate the fee structure at
09:42:31 that time to come back to council.
09:42:37 >>GWEN MILLER: Thank you.
09:42:38 Item number 6.
09:42:42 >>REBECCA KERT: Legal department.
09:42:55 I have previously provided you a memorandum on Monday
09:42:57 requesting to continue this for two weeks because I'm
09:43:00 still attempting to get all the documentation to
09:43:02 complete my research.
09:43:04 >> So moved.
09:43:07 July 9th.
09:43:10 >> Second.
09:43:11 (Motion carried).
09:43:13 >> Item number 7.
09:43:14 Mr. Steve Daignault.
09:43:22 >>STEVE DAIGNAULT: Administrator for public works and
09:43:27 utility services.
09:43:29 Thank you for this opportunity to talk to you a little
09:43:31 bit about the water rates.
09:43:34 First of all, the presentation I am going to give
09:43:38 today is the same presentation that I have given to

09:43:40 the folks of you that I have had the opportunity to
09:43:43 brief one on one.
09:43:45 Essentially there's no new information.
09:43:51 And there's no action required today.
09:43:52 This item will be brought to the council on August
09:43:54 9th.
09:43:57 So today is informational only.
09:44:00 I do want to remind you on July 19th, we will be
09:44:04 bringing the Tampa Bay water pass-through item to
09:44:07 council.
09:44:08 The reason for the time span is we have to notify the
09:44:12 public so that notice goes out in their bill, begins
09:44:17 the pass-through for Tampa Bay water will be here on
09:44:20 the 19th of July, and then T9th of August will
09:44:22 be this rate proposal.
09:44:27 I want to start, if I could, with just showing
09:44:30 something here on the Elmo.
09:44:37 I want to make sure that everyone realizes that we
09:44:40 currently have a five-tier rate structure.
09:44:43 And the purpose for that rate structure is to
09:44:45 encourage people to use less potable water.
09:44:48 So, again, the more that you use, the higher rate per

09:44:52 unit of water we have on there.
09:44:56 Again please keep that in mind as we go through this
09:44:59 presentation.
09:45:00 I'm not going to try to show you a change for each of
09:45:02 the five tiers.
09:45:04 I'm going to kind of resolve them into an average or
09:45:08 one effective rate and we'll work off of that.
09:45:10 And I want to make sure we are all aware or everyone
09:45:13 is aware that we do have this tiered structure.
09:45:18 If I could have the presentation.
09:45:40 We want to spread it over five years instead of having
09:45:42 a one-year spike, a huge increase.
09:45:50 We think it would be easier with the customers to go
09:45:52 up over five years.
09:45:54 This also keeps taps on our requirements we have to do
09:45:57 for the various items that we'll discuss here in a
09:45:59 moment but again we are proposing a five-year rate
09:46:01 increase.
09:46:02 And as I mentioned to you, the item on the first line
09:46:06 there, this is an effective rate, $1.81.
09:46:10 Again we are going to use everything off of that rate
09:46:12 rather than showing you five tiers.

09:46:19 And that handout that I provided you again is the same
09:46:21 one that I have given to the folks that I have been
09:46:23 able to brief, and it is keyed so that the first item
09:46:28 is the item listed here under incremental programmatic
09:46:31 increases operation and maintenance, and then the
09:46:34 second one is pipe replacement, et cetera.
09:46:37 We tried to break out in detail the reasons for these
09:46:41 increases.
09:46:43 So the first line, the operations and maintenance item
09:46:45 is because of cost increases, electricity, fuel,
09:46:50 chemicals, chemicals have just gone up incredibly over
09:46:54 the last four or five years.
09:46:55 And they greatly impact our work in the water
09:46:59 department.
09:47:04 Pipe and plant replacement.
09:47:05 I think you are aware of how many pipes we have in our
09:47:08 aging system.
09:47:09 In fact later today you will receive the audit on the
09:47:12 water department.
09:47:16 What happens is we only have so many staff.
09:47:18 And because of our aging system, again, it breaks so
09:47:21 frequently that our entire crews are out fixing water

09:47:25 breaks.
09:47:26 If the choice is maintain a water meter or fix a break
09:47:29 where water is leaking, we will be fixing the break.
09:47:33 So again that's a big piece of it.
09:47:35 It's not only pipes but also plant replacements, parts
09:47:38 of the plant that need to be replaced.
09:47:40 And then we have Star 1, star 2 subsidize.
09:47:44 Again I think you all are aware that we had a Star 1
09:47:47 area. The Star 1 area, actually less than half of the
09:47:57 folks who said they would like to hook up have been
09:48:00 hooked up so far, so we have been subsidizing that
09:48:03 cost because we have had to make payments back for the
09:48:05 cost of the infrastructure.
09:48:07 One of the things we are going to try to do here and I
09:48:09 think you will see that as we move forward in this
09:48:11 presentation is we are going to try to make reclaimed
09:48:15 water more attractive.
09:48:16 We are going to try to put a little distance between
09:48:18 the costs for potable water and the costs for
09:48:21 reclaimed water.
09:48:22 We want to entice people away from using potable for
09:48:25 irrigation and onto using reclaimed.

09:48:29 And then I need to step aside for a minute on the
09:48:36 reclaimed.
09:48:41 , and to show how critical water is to us, the
09:48:44 Southwest Florida Water Management District is really
09:48:47 trying to entice the entire region to use more and
09:48:51 more reclaimed, and so much so, they are reviewing
09:48:54 people's permits.
09:48:57 We want to be cooperative with them.
09:48:59 We want to maintain our potable water permits.
09:49:02 So this is something that again, I think we have all
09:49:05 learned that we should be moving more aggressively
09:49:07 into the area of -- it is also about the only and best
09:49:12 way.
09:49:12 It is perhaps the very best way that we can keep our
09:49:15 potable rates down.
09:49:17 By getting people again off of potable and onto
09:49:22 reclaimed and for other industrial purposes that where
09:49:25 you can use reclaimed water.
09:49:27 And then finally down here, that, a subject of great
09:49:40 discussion among lots of agencies.
09:49:42 We are very, very close to having this -- I was at the
09:49:48 SWFWMD board on Tuesday of this week.

09:49:51 And right now it looks like it will be their August
09:49:56 board.
09:49:56 And it is not just the setting of the minimum flow
09:50:00 that is critical but it is the pieces that go with
09:50:03 that and by that I mean the recovery strategy.
09:50:07 And we have an agreement as part of that recovery
09:50:09 strategy for funding with somewhat Florida water
09:50:18 management, will allow us to fully meet that minimum
09:50:21 flow.
09:50:22 And so that's why this item is on there as part of the
09:50:25 rate structure.
09:50:27 You can see here what we are talking about.
09:50:30 Again based on the effective rate is about 11%.
09:50:38 Keep in mind, 20 cents on a small number sounds like a
09:50:41 lot, now, and then a larger number it may not be so
09:50:44 much.
09:50:44 But it is the 11% that we would be applying to all of
09:50:48 the tiers as we move forward here.
09:50:52 And that way, again it would be more balanced for the
09:50:55 small users, and for the larger users.
09:51:01 Move to the second page here.
09:51:08 This is, for example, for a small residential user.

09:51:11 You can see the line there says 2007 current bill 5
09:51:14 CCFs.
09:51:15 So this is a person who uses very little water, Mr.
09:51:22 Miranda, in the paper, and -- or Mr. Dingfelder.
09:51:29 His bill would go from 535 in the first year up to
09:51:33 5.94, and then over the five years would go up to
09:51:38 $10.47, which is again not quite double it.
09:51:43 But that would be the order of magnitude.
09:51:47 Moving on, this is a more average user.
09:51:50 This is the 10 CCF user.
09:51:53 Again this person's bill would currently be $11.55 and
09:51:57 after this change would go up to 12.82 in the first
09:52:00 year and then on up to 22.61 over the five-year
09:52:04 period.
09:52:09 This next one is for a medium commercial user.
09:52:12 This would be clinics, schools, school facilities,
09:52:15 government agencies, places of worship, lodges,
09:52:18 fraternal organizations, that sort of thing, just to
09:52:20 give you an idea.
09:52:23 Their bill the first year would go from about $208 to
09:52:26 about 231.
09:52:28 And then again up to a little over $400, and that

09:52:32 would not quite be doubling over that five-year
09:52:35 period.
09:52:38 We have a monthly water bill, on the next page, all
09:52:42 put there together so you can kind of prepare them,
09:52:45 and see them as we go forward.
09:52:47 Then this next chart is probably the most telling of
09:52:50 the charts.
09:52:52 You see here what a 10 CCF user in the city of
09:52:58 St. Petersburg, Pinellas County, city of Clearwater
09:52:59 and Hillsborough County would be paying in 2008, when
09:53:04 they make their adjustments and pay their rates for
09:53:08 2008 you can see where they would be.
09:53:10 The next bar is where we are in the City of Tampa
09:53:13 currently.
09:53:14 And then the very last bar is if these were all
09:53:18 approved, that's where we would be five years from
09:53:21 now.
09:53:22 So five years from now we would still be below where
09:53:25 all of their rates would be in 2008.
09:53:31 When we were -- she had an excellent recommendation
09:53:35 that we include, while we are doing this, and do it at
09:53:39 the same time, any changes that we wanted to do for

09:53:42 reclaimed.
09:53:43 And again, as I said up front, we are trying to get
09:53:46 some distance between the reclaimed rate and the
09:53:49 potable rate.
09:53:50 So that's a great idea.
09:53:51 So we have included it here.
09:53:53 It will come also on August 9th and it will be in
09:53:58 a separate resolution.
09:53:59 But they'll come in together.
09:54:01 One of the things we would like to propose is that we
09:54:04 reduce the reclaimed rate from $1.34 per CCF to 1.20.
09:54:10 Again we are trying to get distance between the
09:54:12 potable and reclaimed rate, try to make it more
09:54:15 attractive to folks and financially attractive.
09:54:18 And then in addition to that, we have had a consultant
09:54:22 going out and talking to large users.
09:54:27 And our thought process was if we could identify large
09:54:30 users and then connect them to our system, what would
09:54:33 we pick up along the fringe?
09:54:34 What would that do for us as well?
09:54:36 Well, we have identified -- we have actually got four
09:54:40 zones where we have large users, and we are very

09:54:46 confident that if we can connect these large users, we
09:54:50 can make a dramatic reduction in our potable use.
09:54:56 If we are able to negotiate with them, and allow them
09:55:00 to help us with some of the infrastructure costs, we
09:55:03 would like to be able to offer them a lower rate.
09:55:06 So part of the proposal, or the resolution you will
09:55:11 see on August 9th with regard to reclaimed, will
09:55:14 be to allow us to negotiate an agreement.
09:55:18 Those agreements will be brought back to council for
09:55:21 approval.
09:55:22 But we would like to negotiate with these large users
09:55:25 if they'll help us with the infrastructure, pay part
09:55:28 of the pipe that connects us to the system that we can
09:55:32 provide them then a lower per capita rate or per unit
09:55:36 rate on the reclaimed water.
09:55:39 And the reason -- I am going to give you two extremes.
09:55:42 For example, the enviro fuels people don't want to pay
09:55:46 anything for the infrastructure.
09:55:47 So they are willing to pay a higher rate.
09:55:50 They said we can't afford it up front on our project.
09:55:55 That's how they are approaching us right now.
09:55:57 The other end of the spectrum, Tampa International

09:55:59 Airport, is willing to pay, or to help with us the
09:56:03 infrastructure, but they have to have the rate down at
09:56:06 a certain amount.
09:56:07 So again those are kind of the things that are pull on
09:56:09 us.
09:56:10 Again we would just like to have that ability.
09:56:12 And again we would bring these agreements back to
09:56:15 council for approval.
09:56:19 This last slide shows the four areas that we are
09:56:23 talking about.
09:56:26 There's a turquoise or blue and then an orange and
09:56:29 darker blue and then another orange over to the right.
09:56:31 The one over to the right is port Sutton, where enviro
09:56:37 fuels, where TECO is, the county has talked to us,
09:56:40 they are interested in getting some of our reclaimed.
09:56:44 Our highest priority of course would be anyplace we
09:56:46 can bring reclaimed in and offset the use of potable.
09:56:51 So that would be our highest priority.
09:56:53 So council members, again, I thank you for your time
09:56:56 and your attention.
09:56:57 I'll be glad to answer any questions.
09:57:00 >>LINDA SAUL-SENA: Thank you very much for the

09:57:03 presentation, Mr. Daignault.
09:57:05 Two quick questions.
09:57:06 First of all for the reclaimed.
09:57:07 Is that separated from the garbage fee currently?
09:57:12 >>> You mean in the same bill?
09:57:14 >> Yes.
09:57:15 >>> The reclaimed is in the same bill with water,
09:57:18 wastewater, and with the solid waste, yes.
09:57:21 >>LINDA SAUL-SENA: Many people are not clear on the
09:57:24 fact that if you are using reclaimed that you are
09:57:31 paying for garbage is attached.
09:57:34 I mean, as your reclaim rate goes up that you are
09:57:39 paying almost disproportionately more because those
09:57:42 things are appearing on the same bill.
09:57:44 And I think we need to community that more clearly to
09:57:46 the public if indeed they are disconnected, and they
09:57:50 are.
09:57:51 And secondly, there's some conversation around
09:57:53 council, and I know you are involved, with looking at
09:57:55 green buildings, ways to create a sustainable
09:58:00 environment.
09:58:01 And we have some proposals that are going to be coming

09:58:02 to Tampa on LEED buildings which use significantly
09:58:08 less water than current building use.
09:58:10 And I wonder, since these are new buildings and
09:58:12 therefore will have to pay the connection fees and
09:58:14 everything, that they are using better technology so
09:58:17 that the demand impact is less if we should consider
09:58:24 some kind of incentive for more responsible,
09:58:29 sustainable water use.
09:58:31 And I think that's something you should explore.
09:58:33 As you develop these different tiers of funding for
09:58:36 water connections for new projects.
09:58:40 If indeed they are green and sustainable that they
09:58:43 should get a different kind of consideration for their
09:58:45 hookup fee.
09:58:46 >>GWEN MILLER: Other questions?
09:58:47 Mr. Dingfelder?
09:58:51 >>JOHN DINGFELDER: In regard to the Star 1 and the
09:58:54 star 2 subsidies, I don't know if you want to go back
09:58:57 to the original spreadsheet page.
09:59:01 Can you back up, the presentation back up here?
09:59:13 I think that's it.
09:59:14 Two out of the five significant items are the Star 1

09:59:19 subsidy and the star 2 subsidy.
09:59:22 It's my recollection -- and I wasn't here when Star 1
09:59:28 was initiated.
09:59:29 Charlie might help us.
09:59:30 I don't think it was ever designed to have a subsidy
09:59:34 in terms of the original pro formas and calculations,
09:59:42 designed to be self-sufficient.
09:59:44 So these are new.
09:59:45 And I understand things haven't worked out exactly as
09:59:47 we had all hoped and all that.
09:59:50 I think reclaimed water is very important for the
09:59:52 community, for the environment, you know, for the
09:59:56 region.
09:59:59 So what I was concerned about is from a rate payer's
10:00:02 perspective, when we put these things on forever, and
10:00:05 that's the way it looks.
10:00:06 It's going to be forever.
10:00:08 And that's my concern, is we have some great ideas in
10:00:13 terms of improving Star 1, financial aspects of Star
10:00:19 1, and hopefully in star 2 we'll do a better job, and
10:00:23 we are going to have larger commercial customers and
10:00:26 that sort of thing.

10:00:28 It just seems like if we put these subsidies in, maybe
10:00:32 we should put them in for a discreet period of time,
10:00:34 so there's sunset.
10:00:36 It doesn't mean that, you know, let's say we put them
10:00:38 in for five years, we put them in for, you know, well,
10:00:42 you have got them in for five years.
10:00:44 But if we put them in for five years and then they
10:00:46 sunset, at least that way, whatever council is here
10:00:50 and whatever mayor is here five years from now, will
10:00:54 have an opportunity to revisit those and say, are we
10:00:56 justified to continue to ask for Star 1 and star 2
10:01:00 subsidies?
10:01:01 And the same thing with the minimum flow number as
10:01:04 well.
10:01:05 The operations, maintenance and the pipe replacement
10:01:09 are going to be ongoing forever as long as we have a
10:01:13 system.
10:01:13 So those are kind of different stories.
10:01:15 But you have a little bit of time.
10:01:16 You are not bringing these back to us until August, to
10:01:19 think about the possibility of a sunset after the five
10:01:22 years, so that way, every five years or so, the

10:01:26 council, the water department, the mayor, would
10:01:28 revisit these and say, you know, are they still
10:01:30 justified in doing it?
10:01:46 >>> Sal points out that we bond these and let me point
10:01:50 out by saying that many if not most of the reclaimed
10:01:53 systems in the state are subsidized.
10:01:56 I mean, they go into it acknowledging that there is
10:01:59 going to be some subsidy.
10:02:02 As I pointed out during the presentation, it is to
10:02:07 every water user's advantage to get folks again off of
10:02:12 potable and onto reclaimed.
10:02:15 It is the way we keep our rates down.
10:02:16 It is the way that we conserve the use of good, clean
10:02:19 water.
10:02:22 The structure as you point out was put together to be
10:02:27 fully self-sustained.
10:02:29 That has not happened.
10:02:30 And since it's been in existence we have actually been
10:02:33 subsidizing it without showing any great adjustment
10:02:37 for that.
10:02:39 So I think you have a good point.
10:02:41 Again we are proposing a five-year plan.

10:02:46 I would think that the council would want to look at
10:02:48 this, you know, perhaps some other time, and we would
10:02:52 want to look at this constantly as well.
10:02:54 But the bonding may end up being the thing that trumps
10:02:58 us, if we have to continue to make payments beyond
10:03:00 that time for these projects.
10:03:02 >>JOHN DINGFELDER: Well, I for one would like to see
10:03:07 that issue explored.
10:03:11 If it's a bonding constraint, that's fine, talk to me,
10:03:13 talk to us about that.
10:03:15 You know, maybe there are way as round that as well.
10:03:21 The thing that concerns me, and happens on a lot of
10:03:24 issues around here, we put things into play and they
10:03:26 just go on forever.
10:03:28 One of the few things that I like that they do in
10:03:30 Tallahassee is it has some legislation and has some
10:03:35 sunsetting provisions so it forces everybody to at
10:03:38 least revisit the legislation, the taxation, what have
10:03:41 you, every five or ten years when those issues
10:03:46 sunshined and I think it's a healthy part of the
10:03:48 process.
10:03:48 So we have got, you know, a month or two before you

10:03:52 come back on this in maybe about six weeks.
10:03:56 So maybe between now and then you will look at that.
10:03:59 >>CHARLIE MIRANDA: The reclaimed water idealistically
10:04:06 was set to have a thousand customers if I remember.
10:04:09 The problem became when we only had 18 to 2,000
10:04:14 customers or less than 50-50% so therefore they needed
10:04:17 a subsidy.
10:04:19 It was thoughtfully put together by groups of
10:04:22 individuals that were mind-set on relieving the
10:04:26 pressure in the City of Tampa's water demand.
10:04:29 This week alone on watering days, we have 12 million
10:04:33 gallons more used on Tuesdays and Sundays than we have
10:04:37 on normal days.
10:04:38 What does that tell us?
10:04:40 It tells us we have a problem.
10:04:46 The system was not used, A, and, B, when it Wan
10:04:50 constructed it was a heavy cost to the city because it
10:04:52 was the first time that I know of any way that a large
10:04:57 I think 32 or 36-inch pipe was put underground under
10:05:01 the channel to get the reclaimed from the plant to the
10:05:04 distribution of the customers.
10:05:05 So it wasn't used, why?

10:05:10 Because the rate and the cost did not equal a savings
10:05:12 to the customer.
10:05:13 Just what you said, between potable and reclaimed.
10:05:16 So, therefore, it wasn't used.
10:05:19 If you look at the statement you made, you must have a
10:05:23 25 to 30% reduction in cost to entice individuals --
10:05:27 and I'm not talking just to buy anything.
10:05:29 If you have buy one get one free, you sell a lot more
10:05:34 buy ones get ones and what happens there is we haven't
10:05:38 done that and I'm glad that you are looking forward,
10:05:40 you and the administration managers are looking
10:05:42 forward to doing these things, and settle for five
10:05:47 years.
10:05:47 What does that mean?
10:05:48 That means that the water and reclaimed water not only
10:05:52 are looked at by the city, they are looked at by Tampa
10:05:54 Bay water, by SWFWMD, what we do it in the concurrency
10:05:58 meeting or obligation on water and how these things
10:06:00 are figured out for the next 30 years.
10:06:02 They aren't looking at one or two or three or four or
10:06:05 five years.
10:06:06 They are looking at way beyond that.

10:06:07 So these are the things that we have to look, and in
10:06:10 essence we only have the river.
10:06:12 I say only.
10:06:13 But it's a great asset.
10:06:16 Because it gives us a lifeline that other communities
10:06:19 don't have.
10:06:20 As you well know, we met, like you met with all the
10:06:24 other council members, and we discussed the same thing
10:06:26 you are discussing with us today.
10:06:27 And I think we are going a step in the right
10:06:29 direction.
10:06:30 Those pipes that you mentioned earlier, the city is
10:06:32 over 100 years old.
10:06:33 Guess what.
10:06:34 A lot of pipes are 100 years old.
10:06:36 They are older than Mr. Caetano and me put together.
10:06:42 Excuse me, I had to bring you in.
10:06:43 You are from New Tampa.
10:06:46 But what I am saying is that these things, the water
10:06:49 department needs and the city needs, it's not that we
10:06:52 are trying to raise the water rates because we want
10:06:54 to.

10:06:55 Nobody wants to raise anything.
10:06:59 But it's a complex thing when you are setting out a
10:07:02 dollar and it's costing $1.25, to make it simple in
10:07:05 math, to supply the individual for a dollar you are
10:07:08 losing 25 cents or every product you sell.
10:07:11 We cannot afford to do that.
10:07:12 So that's where we are at.
10:07:14 Thank you.
10:07:17 >>MARY MULHERN: I wanted to bring something up but I
10:07:19 don't really have a question for you.
10:07:21 But as Charlie pointed out the Hillsborough River is
10:07:24 our lifeline in Tampa.
10:07:26 That's where our drinking water comes from.
10:07:28 And I have been very concerned, and I think this
10:07:32 council needs to be aware, if we aren't already, of
10:07:36 what's happening with our wet water protection, with
10:07:42 our Environmental Protection Commission, in
10:07:44 Hillsborough County, and how it affects our water
10:07:47 supply in the City of Tampa.
10:07:49 I feel as a newly-elected representative, and as a
10:07:53 city-wide representative, that one of the gravest
10:07:56 responsibilities I have is to be a steward for our

10:08:00 water supply.
10:08:01 And I know that I'm never going to have -- I'm lucky
10:08:06 to get educated by Mr. Miranda about water.
10:08:09 I am never going to catch up and have the kind of
10:08:11 historic or ecological understanding of our water
10:08:14 supply in Tampa.
10:08:15 But I do know that we share that.
10:08:18 And I do know that our main source is the Hillsborough
10:08:22 River.
10:08:23 And I do know that we have estuaries, creeks, lakes,
10:08:27 and the bays in Tampa that are providing our water
10:08:31 supply.
10:08:31 So that is why I became very concerned last week.
10:08:34 I think it was a week ago today when the Environmental
10:08:36 Protection Commission met, and the board of the
10:08:40 Environmental Protection Commission decided to
10:08:43 eliminate their wetlands division.
10:08:46 And that is why I am going to ask council, I am going
10:08:49 to propose two motions, and I would like to you
10:08:51 support me in this.
10:08:55 The Environmental Protection Commission, without a
10:09:01 noticed hearing, from the public, without hearing

10:09:03 completely from the Executive Director of that agency,
10:09:06 the board of the EPC voted to eliminate the wetlands
10:09:09 division of our Environmental Protection Commission,
10:09:13 where I think Charlie can help me out and tell me
10:09:16 maybe when the state instituted that, to protect us,
10:09:21 the Environmental Protection Commission.
10:09:23 30 years.
10:09:23 At least 30 years.
10:09:27 >>CHARLIE MIRANDA: I had long curls.
10:09:30 >> Looked more like me.
10:09:31 At least 30 years of protection last week.
10:09:37 The board of the environmental protection decided to
10:09:40 eliminate.
10:09:42 And I feel it was not appropriate.
10:09:53 And whether it was appropriate legally that what they
10:09:59 oversee, the City of Tampa, city of Temple Terrace,
10:10:06 city of Plant City, are all protected by those
10:10:09 wetlands protection under the Environmental Protection
10:10:12 Commission.
10:10:13 That is why I want to make two motions.
10:10:15 And I know there could be a lot of discussion about
10:10:17 this.

10:10:17 So let me say both motions first before we discuss or
10:10:22 move on it.
10:10:26 First, I would like to make a motion that the City
10:10:31 Council invite Dr. Rick Garrity, who is the Executive
10:10:34 Director of the EPC, to give a report to the Tampa
10:10:39 City Council on the board, EPC board's action to
10:10:45 eliminate the wetlands provision and the effect of
10:10:47 this on the City of Tampa's water sources, our
10:10:50 drinking water on our bays, estuaries and rivers.
10:10:58 I would like to ask that he appear on July 19th at
10:11:02 5 p.m.
10:11:03 That's our next night council meeting which was going
10:11:05 to start at 5:30.
10:11:06 So if we could ask him to come and report to us on how
10:11:10 this is going to effect us.
10:11:14 >> Second.
10:11:14 (Motion carried).
10:11:20 >> Second, I would like to request of our chairwoman
10:11:22 and my City Council members that we send a letter to
10:11:26 governor Crist and the Hillsborough County legislative
10:11:30 delegation asking for their support in protecting the
10:11:34 EPC's authority to oversee wetlands in Hillsborough

10:11:37 County.
10:11:40 >>LINDA SAUL-SENA: Second.
10:11:42 >>MARY MULHERN: I'm not done.
10:11:43 And more importantly I want to ask the special act
10:11:47 creating the EPC be amended to create a more
10:11:50 representative body for the board of the EPC.
10:11:53 The letter will ask that the governor review the
10:11:56 composition of the Board of Directors, as it does not
10:12:00 include representatives from the jurisdictions of the
10:12:03 City of Tampa, city of Temple Terrace and the city of
10:12:07 Plant City.
10:12:12 I would be happy to draft that letter and get it to
10:12:15 the chair by tomorrow.
10:12:16 I probably won't have time this afternoon.
10:12:17 And I would like to submit that to the legislative
10:12:19 delegation and to governor Crist who had indicated his
10:12:23 support for the environment, for wetlands, and for our
10:12:27 EPC.
10:12:29 >>GWEN MILLER: I have a motion and second.
10:12:30 (Motion carried)
10:12:32 Question?
10:12:39 >>THOMAS SCOTT: Something I hope we would have

10:12:41 discussion about it.
10:12:43 That's number one.
10:12:43 Number two, I'm kind of concerned about the process,
10:12:46 and that is, it appears that you come up on the review
10:12:52 process to discuss.
10:12:53 That's what I mean by process and I'm not opposed to
10:12:56 the motion.
10:12:56 But I think sometime we need to have a discussion, in
10:13:10 terms of what the board, the county commission did.
10:13:23 And I understand there may be a change in their moving
10:13:25 forward and making the change.
10:13:27 That's why I was hoping we would have some discussion
10:13:33 before we move forward.
10:13:33 >>MARY MULHERN: It's because -- I understand, and we
10:13:48 were having our regular council meeting so we didn't
10:13:50 have any notice about it.
10:13:51 The citizens, the voters, the constituents, in the
10:13:54 City of Tampa didn't have any notice about it.
10:13:56 And I'm concerned when something like that happens
10:13:59 that we have to right away make sure that we are
10:14:06 giving a hearing to -- and we are representing people
10:14:09 of the city.

10:14:10 It's our water, too. And I know I got that lecture
10:14:13 the last time, and I learned my lesson that it's not
10:14:17 our river, it's our water that we share with the
10:14:19 county, the bay, with the planet, with the state, with
10:14:25 the region.
10:14:26 But we need to represent the people who live here.
10:14:29 And next time I go through the process but I felt like
10:14:33 this was very important and we needed to get it on the
10:14:36 table right away.
10:14:42 >>JOHN DINGFELDER: I think it's a great idea.
10:14:45 And I think that it's really important that council
10:14:51 sends a message.
10:14:53 I think if we ask legal what authority we have, I
10:14:56 think that our legal department would tell us very
10:14:59 quickly we don't, which is unfortunate.
10:15:01 And I think that's why the second part of your motion
10:15:03 is very important.
10:15:04 Perhaps if the legislation changed, and counsel or the
10:15:07 mayor would have a representative or more on the EPC
10:15:13 and this sort of thing wouldn't happen.
10:15:15 I want to give kudos to commissioner Ferlita and
10:15:19 commissioner sharp, because they were two out of the

10:15:22 seven county commissioners who didn't go along with
10:15:24 this.
10:15:24 But the one thing that's confusing to city residents
10:15:28 is just because the BOCC is in the process of perhaps
10:15:33 doing this, Ms. Mulhern is 100% correct, this is not
10:15:38 just something that's going to affect the county.
10:15:39 The unincorporated county.
10:15:41 Because the EPC regulates wetlands within the City of
10:15:44 Tampa.
10:15:45 And we see it all the time.
10:15:47 Up and down the Hillsborough River there's
10:15:49 jurisdictional wetland.
10:15:50 Out in New Tampa where there's new development, and
10:15:52 other parts of the city that have been left behind,
10:15:54 there's jurisdictional wetlands.
10:15:56 All around the bay there's jurisdictional wetland in
10:15:59 the City of Tampa.
10:16:00 And that's the service that the EPC has been doing for
10:16:03 City of Tampa residents for more than 30 years.
10:16:06 That's why this is an important issue to City of Tampa
10:16:09 residents.
10:16:10 And I think it's extremely important that folks in the

10:16:12 City of Tampa let their county commission and their
10:16:15 EPC commissioners know that this is important to City
10:16:19 of Tampa folks.
10:16:20 Steve, sorry you had to stand here through this, but
10:16:23 you know what?
10:16:24 I'm not really sure which person on staff, you know,
10:16:27 should be involved in this, either you or Mr. McCary
10:16:34 since he's our green guy these days but I think it's
10:16:36 extremely important that staff gets involved on behalf
10:16:38 of the city and sends a message over there that this
10:16:41 is not acceptable.
10:16:43 >>JOSEPH P. CAETANO: Mr. Daignault, do we have any
10:16:46 reclaimed water going to deed restricted communities?
10:16:49 >>STEVE DAIGNAULT: To my knowledge we don't.
10:16:54 But that's just off the top of my head.
10:16:58 >>JOSEPH P. CAETANO: I think it's important that you
10:17:01 communicate with the county, during the widening of
10:17:04 Bruce B. Downs.
10:17:05 I have talked about the sleeves and I would like to
10:17:08 copy the communication to my office so I don't want to
10:17:11 see five years down the road, oh, we don't have the
10:17:14 money.

10:17:14 Because when that ground is open it's going to be a
10:17:16 lot less expensive to put those pipes in the ground.
10:17:18 So eventually when it comes out there.
10:17:21 And we are required by our deeds to keep our lawns
10:17:25 green.
10:17:28 That's why my water bill was high.
10:17:30 >>STEVE DAIGNAULT: I understand.
10:17:32 >>GWEN MILLER: Thank you, Mr. Daignault.
10:17:34 I appreciate you coming.
10:17:35 We go to item number 8.
10:17:44 >>JULIA COLE: legal department.
10:17:46 Serving two roles today on behalf of Mr. Shelby. This
10:17:49 item came up last week and I have submitted to members
10:17:51 of council and the clerk a memorandum with the
10:17:54 proposed language.
10:17:57 I was requested to draft this language at your last
10:18:00 meeting, and --
10:18:05 >>GWEN MILLER: We'll get the language.
10:18:06 >>JULIA COLE: If you don't have that, I have extra
10:18:09 copies we can pass out.
10:18:10 >>LINDA SAUL-SENA: When don't.
10:18:20 >>JULIA COLE: I brought this forward last week as part

10:18:24 of your chapter 27 amendments in July.
10:18:27 I have spoken with Cathy Coyle and she's told me that
10:18:31 she's making that part of your July cycle package.
10:18:34 However, that will not be moving forward for final
10:18:39 approval.
10:18:41 Cathy told me she's thinking somewhere the end of
10:18:44 November, beginning of December, that the amendment
10:18:47 would ultimately be coming to City Council for final
10:18:49 approval.
10:18:51 I also understand that there may be some interest in
10:18:54 City Council in having this process of having that's
10:19:01 currently under code through the West Tampa CDC and
10:19:06 also the East Tampa Community Redevelopment Agency,
10:19:10 having those separately set.
10:19:12 And these are really the only two overlay districts
10:19:15 that have the provision, and that there's some
10:19:17 interest in maybe stopping that practice now.
10:19:19 So if that is something that council would like to
10:19:22 have stopped today, what I can recommend to you since
10:19:25 we won't be able to have an adoption on this for some
10:19:27 time, but we could utilize it as a procedural issue
10:19:35 and it's something that I think falls within that

10:19:36 provision.
10:19:37 And what that would do is allow staff to let
10:19:42 applicants for new applications know that they will
10:19:44 not have to separately send their petitions to the
10:19:47 West Tampa and East Tampa CDC.
10:19:50 I want to make it clear for everybody, what we have
10:19:58 for every other neighborhood organization, for every
10:20:02 other, to require notification to those different
10:20:05 homeowners associations, et cetera.
10:20:07 It is really just -- these two should a separate
10:20:12 provision, and it's my legal opinion that really we
10:20:16 should be treating every neighborhood association,
10:20:18 every community association, the same regardless of if
10:20:21 they are in an overlay or not in an overlay so I
10:20:24 recommend we do make this change, but I will read it,
10:20:25 and I think it is for council to decide whether or not
10:20:28 they want to go ahead, utilize the pending ordinance
10:20:31 doctrine to stop this practice, and stop this
10:20:35 requirement today.
10:20:36 Otherwise we go through the public hearing process
10:20:40 knowing that it will be my legal opinion.
10:20:46 >>CHARLIE MIRANDA: I guess being one of the makers of

10:20:48 the motion, I'll speak to what the attorney just so
10:20:52 eloquently put.
10:20:55 This is not in any way, speaking about any
10:20:57 individuals, groups of individuals, CDCs,
10:21:01 association, neighborhood groups and so forth.
10:21:03 What the main goal here is exactly what you said, to
10:21:07 make sure that all are treated the same.
10:21:10 I don't want this council to be a banana republic.
10:21:13 What do I mean by that?
10:21:14 I mean that we got elected by the citizens of this
10:21:17 city to represent each and every district and the
10:21:20 whole city at once no matter whether you are district
10:21:23 or city-wide.
10:21:24 So what I am saying is we must act or be acted on.
10:21:29 Why does any groups of individuals, associations,
10:21:32 individuals, neighborhoods, be required before you
10:21:36 come in for a process?
10:21:39 And this process is a zoning process, to have a lay
10:21:43 group, no matter who you are, and I am going to say it
10:21:46 again, individuals, groups of individuals, association
10:21:48 neighborhood groups, CDCs, whatever, treated any
10:21:52 different than anyone else in the city.

10:21:54 Let me also say that that process throws a shadow of a
10:22:02 doubt on the community that we live in.
10:22:04 Not to us, to you maybe, but in their minds.
10:22:07 Why?
10:22:07 It shows darkness.
10:22:09 I want this in the bright.
10:22:10 I want this to be seen but I want also to be involved.
10:22:13 I want whatever discussion those groups, individuals,
10:22:15 groups of individuals, CDCs, neighborhood
10:22:18 organizations, to be right in the same room discussing
10:22:20 this, with the applicant, whoever the applicant may
10:22:23 be, whether it's one home or high-rise.
10:22:27 That's the intent of this thing.
10:22:29 And I don't know of any other motion, any causes.
10:22:36 I read one part of the paper.
10:22:38 I would assume it's right, it's there.
10:22:40 They say, well, we are going to take the applications.
10:22:43 And I checked with the city this morning.
10:22:45 There is no contract for applications.
10:22:49 What I am saying is I want this brought out, I want
10:22:51 this cleaned out.
10:22:53 I said when I sought office, I want everything done in

10:22:55 these chambers.
10:22:56 I want everything right here.
10:22:59 And I don't mind having a lengthy hearing on
10:23:03 rezonings.
10:23:05 We created the problem by saying, go work it out, go
10:23:09 work it out, go do this.
10:23:11 I want it worked out right here, right in the
10:23:13 sunshine, right in front of these cameras, right in
10:23:16 front of lawyer discussions.
10:23:20 I don't care if it's 2:00 in the morning.
10:23:22 I want it done in the open and I want that process to
10:23:25 be pure and clean, and you want the same thing.
10:23:27 I don't want somebody saying, Miranda, when you were
10:23:32 in office this so-and-so happened.
10:23:36 Well, I asked the question and I hope that this
10:23:39 council provides the pending ordinance document to
10:23:45 make this effective today, although the ordinance
10:23:47 won't be ready for a month or so.
10:23:50 >>JULIA COLE: In fact because the chapter 27 changes
10:23:53 have to go in the cycle it really won't be able to
10:23:55 come to you for adoption.
10:23:59 >>GWEN MILLER: We have, what, eight overlay districts,

10:24:02 right?
10:24:03 >>> Correct.
10:24:04 >> East Tampa, West Tampa, only two have a developers
10:24:09 site plans or whatever?
10:24:12 >>> They are the only one that is have within the code
10:24:14 an obligation that is a developer or property directed
10:24:18 to --
10:24:21 >>CATHERINE COYLE: It's not the developer that sends
10:24:24 it.
10:24:24 They are actually a part our DRC list.
10:24:27 It's the city that writes to the our group.
10:24:29 That's the tweak.
10:24:30 It's kind of a morphed process.
10:24:33 It not obligating the developer to send something
10:24:35 separately.
10:24:35 It is the staff through the zoning administrator and
10:24:38 through the zoning staff that actually writes it like
10:24:40 they were a DRC member.
10:24:41 >>GWEN MILLER: So you are saying you don't send it to
10:24:44 the overlay district.
10:24:47 >>> Just those two.
10:24:48 >> You mean the overlay process is going on?

10:24:51 >>> Oh, no, they certainly are part of the process.
10:24:54 It just those two overlays require me or my staff to
10:24:57 send the site plan to those two
10:25:03 Other people certainly ask.
10:25:04 They come to our office all the time.
10:25:07 >> You don't give it to them?
10:25:08 >>> Of course we do.
10:25:12 >> East Tampa and West Tampa, when you say the other
10:25:14 ones.
10:25:16 >>> I am certainly not picking on anyone.
10:25:21 [ Laughter ]
10:25:22 >>GWEN MILLER: Others -- it's the same thing.
10:25:28 East Tampa calls, West Tampa calls.
10:25:30 It's no different than other cities.
10:25:32 So are you going to send to the them?
10:25:35 >>> any individual can come and review a zoning file
10:25:37 in our office.
10:25:38 Any individual or any group.
10:25:40 If they want a copy of the site plan, it is $5 per
10:25:44 page or $10 per page depending on whether -- the only
10:25:50 two groups in the city that get a site plan mandated
10:25:53 by code are the West Tampa CDC and the East Tampa CRA.

10:25:56 Those are the two groups.
10:25:59 We are just clarifying the point it's not the
10:26:01 developer that writes it.
10:26:02 It's the city that writes it.
10:26:04 >> But what about overlay district?
10:26:05 You are taking the way the community that they would
10:26:08 not -- overlay committee would not be effective.
10:26:11 So you are taking that away, too?
10:26:13 >>> I am not taking away anything.
10:26:16 >> That's what the ordinance is going to state, that
10:26:18 the overlay district will not have a committee to
10:26:20 review it either when they come to develop in that
10:26:22 area?
10:26:23 Is that going to be an ordinance to this code?
10:26:28 >>> I think I need to first of all clarify something.
10:26:30 I misunderstood something.
10:26:32 The clarification I want to make is that these are the
10:26:36 only two overlays that have the specific requirement
10:26:38 in it.
10:26:41 The way Ms. Cole is describing it is a little
10:26:43 different than the way I understood it to be and that
10:26:46 raises another problem for me, which is we are making

10:26:50 this committee part of our DRC in a sense. That
10:26:53 raises some other issues and I guess I didn't realize
10:26:56 that was what you were using.
10:26:59 There's a legal question that comes to my mind that I
10:27:02 think I need to think through as to if we have now
10:27:04 given these groups almost a staff-like authority to
10:27:08 make recommendations, and that concerns me greatly, as
10:27:13 you have this committee that may create some sunshine
10:27:17 law problems.
10:27:18 So I really need to think that through as well.
10:27:22 But, again, when I brought this forward, and I at
10:27:28 first understood that this provision was in the code
10:27:30 to be two different organizations, and nothing to do
10:27:35 with the organization but had to do with the process.
10:27:37 And I think it's appropriate for us in all of our
10:27:39 overlays to treat everybody the same.
10:27:42 If it is council's wish to change for all of the ways,
10:27:45 I have a great concern that we may be creating
10:27:47 sunshine wars, and we'll need to have that
10:27:53 conversation further.
10:27:53 >>GWEN MILLER: We go back to the CDC now.
10:27:56 What are you saying, they will not be created to what?

10:28:00 >> All this would be doing is removing what I
10:28:03 understood to be development, but Ms.
10:28:08 Coyle's obligation as the head of the internal
10:28:08 development review committee, to send that application
10:28:14 directly to the organization, that they don't do for
10:28:18 any other homeowners association or overlay district.
10:28:21 >>GWEN MILLER: We have had neighborhood associations
10:28:23 meet with the same problems.
10:28:25 They met with the developer.
10:28:28 >>> This does not take that away.
10:28:31 >>JOHN DINGFELDER: Madam Chair?
10:28:34 Let's focus on the ordinance itself, which we --
10:28:39 there's two points to both of these ordinances for
10:28:41 East Tampa and West Tampa that I think we should focus
10:28:44 on.
10:28:45 And this will be going on for a couple of years.
10:28:47 I don't know when this was first put into place.
10:28:53 One part is that the city sends the package over to
10:28:58 the CDC.
10:29:01 Just send the package over.
10:29:03 The second part -- and I'll read it to you -- each
10:29:08 application which requires approval by City Council,

10:29:12 VRB through the public hearing process, is required to
10:29:14 be submitted for review by the CDC.
10:29:18 Because that's the second part.
10:29:20 Okay.
10:29:20 So first the package is sent.
10:29:24 And this is where apparently we are giving the
10:29:26 blessing to them to participate in the review.
10:29:30 I think those are two separate issues and we should
10:29:32 deal with them separately.
10:29:33 Frankly, and not picking on either the CDC or CRA.
10:29:38 I don't think we should be delegating that review
10:29:41 process to any of these neighborhood or CDC
10:29:45 organizations.
10:29:45 I think the review process, if we are going to have a
10:29:49 review process, as Charlie says, should be in here, in
10:29:52 City Hall, in the sunshine, in the bright, and that's
10:29:56 not casting aspiration on anybody.
10:29:57 I just think that's more appropriate no matter what
10:30:01 organization or what part of town we are talking
10:30:04 about.
10:30:04 But going back to the first part of it, right now, we
10:30:07 send them a package, okay?

10:30:09 We could continue -- we could break this out.
10:30:12 We could continue to send them a courtesy package,
10:30:15 which I think would be helpful to that neighborhood.
10:30:17 So they don't have to come down to City Hall and pay
10:30:20 the $5, blah-blah-blah.
10:30:22 If they see something in those packages that they
10:30:24 don't like, then they can come to the VRB and
10:30:27 complain, you know, object about it, they can come to
10:30:31 City Council and object about it.
10:30:32 I think we shouldn't throw out the entire baby with
10:30:35 the bath water.
10:30:36 We can split this in half.
10:30:38 We can continue to send them the package, but I agree
10:30:41 that we would strike the language that says that they
10:30:45 are part of the review process.
10:30:49 Am I clear on that?
10:30:50 That would be my suggestion and my motion as moving
10:30:53 forward.
10:30:54 I also think we have, before we do anything, we should
10:30:57 hear from the community, before changing an ordinance.
10:31:02 >>THOMAS SCOTT: Of course, I don't think you all are
10:31:04 going to like what I am going to say but I am going

10:31:06 say it anyway, and that is, one is process, and that's
10:31:12 what we are talking about.
10:31:14 And process is important.
10:31:18 When you change the process, it creates problems.
10:31:22 Now, what I'm understanding is -- and here again, at
10:31:27 some point, at some time, before I was here, you all
10:31:31 instituted an ordinance to allow making a requirement
10:31:35 that the CDC of East Tampa and West Tampa must review
10:31:41 and send their approval, if I understand that
10:31:44 accurately, counsel?
10:31:47 >>JULIA COLE: It doesn't clearly state they must send
10:31:49 their approval.
10:31:50 It does state that it is required for review by these
10:31:54 two organizations, and I'm correct me if I am wrong, I
10:32:01 don't know if it's directly sending the review
10:32:04 comments to the Land Development Coordination office
10:32:06 for review as part of their packet or how that's
10:32:09 worked in the past.
10:32:13 But there's a suggestion there they have that right of
10:32:15 review.
10:32:16 >>THOMAS SCOTT: And a committee appointed by this
10:32:18 board, then they become then a government entity which

10:32:22 must operate in the sunshine.
10:32:24 Am I not right?
10:32:27 >>> I'm concerned, understanding what --
10:32:31 >>THOMAS SCOTT: If the language is right, what she's
10:32:33 saying by law, once they appoint, we appoint them,
10:32:36 they must operate in the sunshine.
10:32:41 Okay.
10:32:42 That's number one.
10:32:42 Number two is, you have nowhere in the code, anywhere
10:32:47 in the City of Tampa, nor in Hillsborough County that
10:32:51 I know of, where it is required that a association or
10:32:58 CDC must a plan -- review a plan that comes before a
10:33:03 hearing board, not to my knowledge other than these
10:33:05 two.
10:33:05 So the issue becomes process and an issue of fairness.
10:33:09 You do one of two things.
10:33:11 You do it for everybody, or not do it for everybody.
10:33:18 Now, like I say, that's why I strongly support a
10:33:22 hearing officer.
10:33:23 And I know everybody don't agree with that.
10:33:25 I know everybody don't agree with that.
10:33:27 I respect your opinion.

10:33:29 However, I respect mine.
10:33:30 Because with the hearing officer, you don't have these
10:33:35 issues that we are having here now.
10:33:38 And when there is a hearing officer, that means
10:33:43 everybody gets a chance to speak, the neighborhood
10:33:46 association, the CDC, the citizens, and it has worked
10:33:50 out -- even before it comes to us or the county
10:33:54 commission at that point.
10:33:55 So it's an opportunity.
10:33:58 And I have to differ with my colleague.
10:34:02 And that is I think being here at 2:00 in the morning,
10:34:05 and you start at 9:00 this morning and you are hearing
10:34:07 a zoning at 2:00, I will tell you, overload.
10:34:19 Do you not make good public policies at 2 a.m. in the
10:34:23 morning.
10:34:26 But we wanted to be open, we wanted everybody to be a
10:34:30 part, and you still are a part of the hearing.
10:34:36 But the issue here is process.
10:34:37 It's process and the issue of fairness.
10:34:40 That's how I interpret the issues here today.
10:34:43 >>GWEN MILLER: I have a question.
10:34:44 What is the difference between -- I know we say --

10:34:48 have you met with the neighborhood?
10:34:49 Have you shown them your plan?
10:34:51 What's the difference in this?
10:34:56 >>SAL TERRITO: Legal department.
10:34:57 The key to making someone a sunshine group as opposed
10:35:01 to a non-sunshine group is are you delegating any of
10:35:04 your sovereign authority to them?
10:35:06 If you are making them a mandatory part of the
10:35:08 process, where they are required to be in the process
10:35:12 and give you recommendations, you are giving up some
10:35:14 of your sovereignty or delegating some of your
10:35:18 sovereignty to them.
10:35:18 If you go into a neighborhood organization, someone
10:35:20 showing up before you, the City Council, you have not
10:35:23 delegated that authority, they are simply coming to
10:35:26 you as an organized group that has the authority to
10:35:28 come before you and make their feelings known.
10:35:30 Once you give them some of your authority, which you
10:35:33 have done in this particular case, then you are
10:35:35 delegating to them some of the sovereignty of the city
10:35:37 and that's what makes it a sunshine organization.
10:35:39 You probably don't have that problem with the East

10:35:42 Tampa group because the East Tampa group is a CRA and
10:35:44 the CRA is a sunshine organization.
10:35:46 It's the West Tampa group where that may become
10:35:51 problematic.
10:35:53 (Bell sounds).
10:35:54 >>CHAIRMAN: What's the difference when we say, have
10:35:56 you met with those neighborhood associations?
10:36:00 What's the difference in other organizations reviewing
10:36:04 the plan?
10:36:05 >>SAL TERRITO: this particular case you have a
10:36:07 formalized process in your code.
10:36:10 Your code is requiring them to do something.
10:36:14 When you are suggesting someone go before a
10:36:16 neighborhood I think the neighbors have a say in this
10:36:19 process, I think they should be involved, go talk to
10:36:21 them, but you are not delegating this by ordinance and
10:36:24 saying we are requiring you.
10:36:25 They don't want to do that, then they take their
10:36:28 chances coming back to you and having the neighborhood
10:36:30 show up and saying, I don't like this project.
10:36:33 If the delegation and the requirement that they meet
10:36:34 with this group that shifts it over possibly into a

10:36:38 sunshine group.
10:36:38 >>THOMAS SCOTT: Even with the removal of this making
10:36:49 it mandatory as opposed to saying developer, go meet
10:36:52 with the neighborhood, or CDC, I think the developer
10:36:58 will be crazy to come into these chambers and not met
10:37:03 with any neighborhood association, or CDC, to talk
10:37:06 about their project.
10:37:10 That's almost political suicide.
10:37:13 Okay?
10:37:14 So you can rest assured that even removing this that
10:37:20 you will find that the developers or whoever are not
10:37:23 going to come to you, because they understand the
10:37:26 process, they understand how important it is to talk
10:37:29 to the neighborhood, talk to CDCs, talk to
10:37:32 neighborhood associations, you understand what is
10:37:35 happening in your community, and that you have an
10:37:37 input on how you want your community to look.
10:37:40 So that does not remove that.
10:37:44 I just think that if you think that's going to happen,
10:37:48 I want to put your mind at rest that I don't foresee
10:37:51 that happening.
10:37:53 >>CHARLIE MIRANDA: First I would like to ask Julia

10:37:57 Cole to keep in mind and give us a process what does
10:38:01 quasi-judicial mean, in a second.
10:38:04 I agree with Reverend Scott, what he said about the
10:38:08 process.
10:38:10 What the difference is that most developers on their
10:38:14 own will and tuition go and meet with the
10:38:17 neighborhood.
10:38:18 The law as I understand it only requires you to send
10:38:20 out notices which includes the neighborhood and other
10:38:24 associations in that particular zone.
10:38:26 In this case it's a little different.
10:38:28 And maybe I'm wrong.
10:38:30 This case says you must appear and receive approval,
10:38:35 and that's where the sticking point is.
10:38:37 This is not casting anything on anybody.
10:38:41 When you do it for one do it for all.
10:38:43 If you are going to do it for none, do it for none.
10:38:45 And here's where worry at.
10:38:48 Maybe I went too far.
10:38:50 I'm not a lawyer so I speak ground level English and a
10:38:53 little Spanish mixed in together.
10:38:55 But what I am saying is can you tell this board what

10:38:57 is quasi-judicial?
10:39:03 >>> Quasi-judicial means you are making a decision in
10:39:05 a quasi-judicial manner based on the record after
10:39:09 proper notice has been given insurance it's based on
10:39:15 competent substantial evidence given to you as part of
10:39:17 the record, and then comply with the legal
10:39:21 requirements.
10:39:26 >> Competent evidence presented to this board.
10:39:29 Am I correct?
10:39:33 In my determination that means that this individual or
10:39:35 groups of individuals or developers or whatever you
10:39:37 want to call them has gone to the Planning Commission,
10:39:41 has gone to the legal department, has gone through all
10:39:43 the hoops and hollers that the city can throw at you
10:39:47 and finally get before this board.
10:39:49 There's where the competent judicial evidence comes
10:39:52 in.
10:39:52 The case is presented on one side, it's argued on the
10:39:55 other side, if there is opposition.
10:39:58 What I am trying to say is this belongs in a chamber.
10:40:02 It doesn't belong in any special giving with any
10:40:05 groups of individuals, individuals, associations,

10:40:08 CDCs or neighborhood groups.
10:40:12 Like Reverend Scott says, you have to be a little
10:40:15 goofy not to do that on your own volition. That
10:40:18 doesn't mean by law I have to require that.
10:40:20 And there is where the difference is.
10:40:24 Thank you, Madam Chairman.
10:40:25 >>GWEN MILLER: Any other?
10:40:27 We are going to hold it.
10:40:29 We have a lot of people that want to speak but we want
10:40:31 to move on.
10:40:32 Anybody in the public that would like to request
10:40:34 reconsideration on legislative matters?
10:40:39 Would anyone in the public like to speak at this time?
10:40:41 Any item on the agenda not set for public hearing?
10:32:36 >> My name is Joe Robinson, vice-chair of the West
10:39:16 Tampa Community Development Corporation here to speak
10:39:19 on item 8.
10:39:21 First of all, I want to make sure City Council
10:39:22 received my letter yesterday to the city attorneys and
10:39:24 all.
10:39:25 I'm here to state for the record that the chairperson
10:39:28 of our board, Dr. Margaret Fisher will welcome an

10:39:32 opportunity to provide input to City Council before it
10:39:35 takes action to provide an accurate and complete facts
10:39:39 relevant to your decisions.
10:39:41 Dr. Fisher, however, is out of the state attending to
10:39:47 an ailing relative and would not be available until
10:39:50 next week.
10:39:51 Therefore, we're asking to table this discussion and
10:39:57 your decision for one week until our chair comes into
10:40:02 town and to explain why that was put into the
10:40:05 ordinance, what has happened, how does it operate and
10:40:09 what does the CDC do.
10:40:11 That's all I'm here to say today is to ask you to
10:40:14 table this, because it's not adequate time.
10:40:17 You can see we have how many people here that want to
10:40:20 speak on West Tampa city?
10:40:22 Would you stand up and raise your hand?
10:40:25 We would like to have an opportunity to be heard in a
10:40:28 proper forum when our leader is here, not out of
10:40:31 state.
10:40:32 That I request City Council to table this issue until
10:40:41 our Chairman gets back.
10:40:42 That's all I request that it be tabled.

10:40:44 >>GWEN MILLER: Next speaker.
10:40:45 >> Delphine Jones.
10:40:47 1618 LaSalle, Tampa, Florida.
10:40:49 If you take this out of content, this would be
10:40:58 suicide.
10:40:59 I don't get paid to do what I do.
10:41:01 I go through the neighborhood on a continuous basis
10:41:03 with elderly people who have been taken advantage of
10:41:06 by contractors, don't take in accountability, the
10:41:11 neighborhood and the people who have been there.
10:41:13 If these things are taken out of place, it's just
10:41:16 going to create more problems because we're going to
10:41:18 keep coming back and back until it's done right.
10:41:23 I don't see the difference between us getting a site
10:41:27 plan or whatever we get.
10:41:30 If it doesn't come to us, we're going to request it,
10:41:33 because the neighborhoods have been taken advantage of
10:41:37 years and years.
10:41:38 That's why this problem is here now.
10:41:42 When I was growing up, it was the same thing.
10:41:45 I watched my grandparents go through the same issue.
10:41:48 People just come in your neighborhood and do what they

10:41:50 want to do.
10:41:51 This will not solve the problem.
10:41:54 It's going to only create more, because I'm going to
10:41:57 keep coming and coming until it's right.
10:42:00 >>GWEN MILLER: Thank you, next.
10:42:07 >> Good morning.
10:42:07 Ruth McNair.
10:42:09 I live on West Nassau Street.
10:42:11 I am the coordinator of the crime watch.
10:42:17 The reason we organized our neighborhood is because we
10:42:19 really wanted to see it better.
10:42:21 I am a senior citizen.
10:42:22 I've been in Tampa forever since I was probably a
10:42:25 little baby, so I've been there a long time.
10:42:28 And been in West Tampa since '47.
10:42:31 So really, I would like to see this stay as it is,
10:42:37 because we want to see what's coming to our
10:42:40 neighborhood.
10:42:40 So if it's going to be continued, I have more to say,
10:42:44 but really, we want to be a part of anything that
10:42:46 comes to our neighborhood because if we don't be a
10:42:50 part of it, anything can happen just like it has been

10:42:53 happening for years ago.
10:42:54 I really want to see this stay in place as it is.
10:42:59 Thank you.
10:43:06 >> Good morning.
10:43:06 My name is Janice Dulan.
10:43:08 I'm a lifetime resident of West Tampa.
10:43:10 I live at 2537 Spruce Street, Tampa, Florida.
10:43:14 My concern is today, you are about to kill the overlay
10:43:19 committee, and I don't think that's the right choice,
10:43:23 because the overlay committee gives the community one
10:43:26 voice and most important people power.
10:43:31 Doing a theme that should have been done years ago.
10:43:34 When I was coming up, I'm 46, like I said, I'm a
10:43:38 lifetime resident of West Tampa.
10:43:40 When I was coming up, I remember West Tampa was a
10:43:45 great place to live.
10:43:46 As the years progressed, it got infested with drugs.
10:43:50 Everywhere you go, negativity, except the church.
10:43:56 And since the West Tampa CDC has been in the picture,
10:44:01 they just like a jewel.
10:44:03 They changed the community.
10:44:04 They create jobs.

10:44:08 They assist in affordable housing for down payment
10:44:13 assistance.
10:44:13 They are doing great things.
10:44:15 And if you move the overlay committee that won't be a
10:44:20 good choice.
10:44:21 Because now people, they come to West Tampa with an
10:44:26 upside down frown.
10:44:27 When they leave out of West Tampa CDC, they have a
10:44:31 smile because they know it's hope.
10:44:32 Please reconsider removing the overlay committee.
10:44:36 Thank you for hearing my concerns.
10:44:38 >>GWEN MILLER: Thank you.
10:44:39 Next.
10:44:43 >> I'm jewel Ayers.
10:44:47 1129 West Cypress Street.
10:44:49 My parents built this home in 1954 right there on
10:44:52 cypress and willow.
10:44:54 I'm devotion leader for our West Tampa riverfront
10:44:58 neighborhood group.
10:44:59 I have not missed the meeting since '90.
10:45:04 I took over the present home where I am now for my
10:45:08 parents because I lost both of them in '90 and '91.

10:45:12 So I took over and went to the neighborhood crime
10:45:14 watch meetings, and I'm devotion leader from then on.
10:45:18 I appreciate what Reverend Scott said because my
10:45:21 concern is I did not know this development people were
10:45:26 coming to make a presentation.
10:45:28 That's all I have to say.
10:45:29 We need to know what's going on.
10:45:32 >>GWEN MILLER: Thank you.
10:45:37 >> Good morning.
10:45:37 My name is Janice Williams.
10:45:39 1902 West St. Conrad Street.
10:45:42 I'm president of the old West Tampa Neighborhood
10:45:44 Association and crime watch.
10:45:46 And I'm just here today to say that I feel that the
10:45:50 system works.
10:45:51 I mean, if any of you feel that anybody is taking
10:45:55 advantage of us, that's not the case, because we do
10:45:58 respectfully disagree at times, at least I know my
10:46:03 group has with any recommendations that the West Tampa
10:46:06 CDC has made.
10:46:07 I also think that the process helps developers who,
10:46:12 you know, really want to have input from a

10:46:17 neighborhood.
10:46:17 And I just feel it's a good thing for everybody to
10:46:21 have a better understanding of what it is they want to
10:46:24 have in the neighborhood so that it benefits us all.
10:46:29 I think the West Tampa CDC has been doing a great job.
10:46:33 And I think the overlay is an important component in
10:46:36 making any neighborhood better.
10:46:40 We've come together.
10:46:41 We share ideas.
10:46:42 We discuss any questions or concerns that we have.
10:46:45 And I just think that the way it is now, it works.
10:46:49 Thank you.
10:46:54 >> Hello, Council.
10:46:56 Todd Scime, 4706 North Thatcher Avenue, Tampa,
10:46:59 Florida, 33614.
10:47:00 And I would just like to comment on a couple of things
10:47:03 said.
10:47:04 Reverend Scott, I know he has come from the county
10:47:06 commission, and is a believer in the zoning hearing
10:47:09 master portion of that in regards to the CDC.
10:47:15 In my opinion, Hillsborough County is light years
10:47:16 behind the City of Tampa as far as speed and accuracy

10:47:22 and getting approvals for projects.
10:47:25 And that's one of the things.
10:47:28 Regarding -- as far as getting a zoning and coming
10:47:31 before the board, you'll have, you know, the county
10:47:35 commission right now, as you know, has closed the
10:47:38 building department every other week.
10:47:40 So substantial people are getting substantial pay cuts
10:47:43 in their salaries.
10:47:44 The Mayor is going to come here at 3:00 and discuss
10:47:47 that issue.
10:47:48 Regarding the CDC, just to get before City Council,
10:47:52 just to have staff give you a recommendation of
10:47:54 approval and support along with the Planning
10:47:56 Commission, you have to jump through many, many hoops,
10:48:00 as Mr. Dingfelder and Mr. Miranda have said.
10:48:03 And I've worked with Mr. Randolph here, and everybody,
10:48:08 as they said, is concerned about the neighborhood
10:48:11 because you know if you come before this board and you
10:48:13 don't have neighborhood support, your chances of
10:48:16 getting approval of just about nil.
10:48:18 So we want to say whether it's West Tampa, whether
10:48:23 it's south Tampa, whether it's East Tampa, okay, we

10:48:25 know that this board is looking at all of the avenues
10:48:29 and trying to make the best decision for the people.
10:48:32 So we respectfully ask that you look at this.
10:48:35 We want to work with all of the county, but I believe
10:48:38 the process is fine as it is, and we understand that
10:48:40 when we come before City Council that we've got to
10:48:42 have the recommendation of the people.
10:48:44 God bless you.
10:48:44 Thank you.
10:48:51 >> Good morning.
10:48:53 C.T. Kirkland, Pastor of the Mount Pleasant Missionary
10:48:57 Baptist Church in the West Tampa area and also a board
10:49:02 member of the CDC in West Tampa.
10:49:04 My concern is I concur with Joe Robinson, let's not do
10:49:11 anything or make any decision today on this matter.
10:49:14 I think it would be highly important to hear from our
10:49:17 chairperson.
10:49:18 Since our chairperson is out of town, there are some
10:49:22 things perhaps you need to hear from both sides.
10:49:25 And we need to be straight and clear and proper in
10:49:30 what we are trying to decide to do in the West Tampa
10:49:34 area.

10:49:35 I've pastored in that area for 24 years.
10:49:39 I've seen some positive things.
10:49:41 I've seen some negative things take place.
10:49:44 As I address this board, I do ask if you would give us
10:49:47 the chance to express ourselves before you rule on any
10:49:51 decision concerning the CDC of West Tampa.
10:49:53 Thank you.
10:49:54 >>GWEN MILLER: Thank you.
10:50:01 >> Good morning, City Council.
10:50:03 Tony Watts with the CDC of Tampa.
10:50:08 We're located in East Tampa.
10:50:09 I was kind of watching this from afar, but I heard
10:50:12 some conversation, and I think it deserves some input
10:50:14 from East Tampa.
10:50:16 East Tampa has an overlay district, and I think you
10:50:20 need to understand, first of all, for the record,
10:50:23 there are no CDCs in East Tampa that receive any
10:50:29 notification from the overlay district.
10:50:32 Okay?
10:50:32 So the process in East Tampa is somewhat different
10:50:38 because we have a CRA that was created in East Tampa
10:50:40 that created the area as a slum and blight area, and

10:50:44 we have subcommittees of that CRA that take a look at
10:50:48 the overlay district.
10:50:49 I'm speaking because I chaired as the vice-chair of
10:50:52 the East Tampa Community Revitalization Partnership, I
10:50:55 chaired the text language amendments in the overlay
10:50:58 district which requires that submission to the
10:51:03 partnership, but what happens is that the City of
10:51:06 Tampa sends that to the CRA office.
10:51:09 Those submissions go to the CRA office.
10:51:15 The land use committee, which is a subcommittee of the
10:51:19 East Tampa partnership, meet at the CRA office.
10:51:22 As a matter of fact, we'll be having a meeting today
10:51:24 at 3 p.m.
10:51:25 Anybody that would like to attend.
10:51:27 At those meetings, then the city staff, Ed Johnson and
10:51:31 his staff, would provide us with those copies.
10:51:34 They are meant exactly as councilman Dingfelder said,
10:51:38 to give us notification as to the types of projects
10:51:41 that are going to be happening in East Tampa.
10:51:43 Because for so long, we get a lot of different types
10:51:45 of development and none of the communities know what's
10:51:49 really going on until the last time at the last

10:51:52 minute.
10:51:52 And we want to be proactive rather than reactive.
10:51:56 We're also trying to lay out strategic action plans,
10:51:59 as you all know, within all of the CRAs that may
10:52:02 have some relation to zoning.
10:52:04 So for the record, there are no CDCs in East Tampa
10:52:09 that are required to get these in any overlay
10:52:12 district.
10:52:12 And the East Tampa partnership is not a formalized
10:52:16 organization.
10:52:17 It is made up of a body of volunteers that have been
10:52:20 volunteering since the inception of the CRA.
10:52:22 They are not formally organized.
10:52:25 I know you all are going through your policies and
10:52:28 procedures for those CRA advisory boards.
10:52:30 Thank you.
10:52:31 >>GWEN MILLER: Thank you.
10:52:32 Mulhern.
10:52:35 >>MARY MULHERN: Ms. Watts, can I ask you a question?
10:52:38 You're a member of the East Tampa community
10:52:40 revitalization partnership --
10:52:44 >> I am.

10:52:45 >>MARY MULHERN: So that's what is named in this
10:52:46 ordinance.
10:52:47 >> Yes.
10:52:48 >>JULIA COLE: I did misspeak with East Tampa.
10:52:52 Thank you for clarifying that.
10:52:54 >>MARY MULHERN: What I'm trying to understand, is she
10:52:57 speaking for the group that is.
10:53:03 >> Yes, I'm speaking from the CDC of Tampa.
10:53:06 I heard a statement said that these were going to
10:53:11 CDCs in both east and West Tampa.
10:53:16 >>MARY MULHERN: Maybe you can explain it to me.
10:53:18 What I'm trying to figure out is, if she's speaking
10:53:20 for the group that is noticed.
10:53:23 No?
10:53:24 >> That organization is the organization that is found
10:53:27 in the community redevelopment plan as the CRA
10:53:31 advisory body, specifically named in the CRA plan.
10:53:35 I think that's the link.
10:53:37 They've been designated as a CRA advisory body under
10:53:39 the community redevelopment plan for East Tampa.
10:53:42 And I think that's the link.
10:53:44 And as such -- I haven't looked at the ordinance, but

10:53:46 I'm assuming the ordinance -- sorry, the ordinance has
10:53:49 indicated that they are the people to be contacted
10:53:53 when there's --
10:53:54 >> Separate and apart from the CDC.
10:53:57 >>GWEN MILLER: Next speaker.
10:54:03 >> I'm Lou McCray.
10:54:05 1703 west St. Conrad.
10:54:08 And I would just like to say something about the
10:54:12 overlay.
10:54:14 About five years ago, Mr. Snelling came to our
10:54:18 community and told us that if we didn't get together
10:54:20 and make a plan for West Tampa, that the City of Tampa
10:54:23 was going to do it for us.
10:54:25 So we got together, and worked on it, and called it
10:54:29 the overlay.
10:54:30 The overlay not only was developed by the citizens
10:54:36 there, it was approved by the city.
10:54:39 If you saw something wrong there, why didn't you make
10:54:41 these corrections then?
10:54:43 So I would like to know what you're talking about and
10:54:47 what do you mean about something you approved.
10:54:52 This is not something that people come and said put on

10:54:54 a piece of paper and said, okay, the developer has got
10:54:58 to go by.
10:54:59 This was approved by the City of Tampa as well.
10:55:01 So I'm a bit confused on why if there's something
10:55:05 wrong with it, that we can't go through that -- should
10:55:08 have gone through that same process.
10:55:10 And if it's necessary to be some changes to make the
10:55:14 changes with the people that help develop as well as
10:55:18 the City Council.
10:55:19 You know, nobody has come to us.
10:55:23 Just throwing these things out in the paper that
10:55:27 really are not true.
10:55:28 And another thing that I like to speak about is that
10:55:31 in town, homes have purchased the lots, 150 lots.
10:55:38 21 of those lots were city lots.
10:55:40 They were sold to him for $2,000.
10:55:43 Now, he did send out letters to the people in that
10:55:48 neighborhood, but I didn't -- we at CDC and we at the
10:55:54 overlay and the association did not know about those
10:55:58 lots being changed from R-16, R-30 to R-50 till we saw
10:56:04 it in the Florida sentinel.
10:56:08 Okay.

10:56:08 So now, that's why you really need to come directly to
10:56:15 the people and see what's going on on the other side.
10:56:19 Now, somebody may be whispering things in your ears,
10:56:21 but you need to hear what's on the other side, too.
10:56:25 We have two ears.
10:56:26 That's how we feel that somewhere, some way along the
10:56:32 line, something was not explained.
10:56:33 So if you wanted to -- and once upon a time, some of
10:56:37 the developers come to us and saying it was too
10:56:41 strict.
10:56:41 And they pointed out things.
10:56:43 And we were considering changing those.
10:56:46 But now since this came out, they say ADIOS.
10:56:51 >>GWEN MILLER: Next speaker.
10:56:59 >> Chip Thomas, 1219 East Henry Avenue.
10:57:02 And I have a couple of comments on item number 4, and
10:57:05 then I want to squeeze in a remark on number 7, if
10:57:08 there's time.
10:57:09 Regarding bicycles on the sidewalk at Bayshore
10:57:12 Boulevard, and I'm talking about the section along the
10:57:15 water.
10:57:15 When you have four types of users, walkers, runners,

10:57:19 bladers, and bikers, all traveling at different speeds
10:57:22 going in both directions, that 10-foot wide path
10:57:25 becomes very narrow.
10:57:27 And a collision with a cyclist going 15 miles an hour,
10:57:30 even 12 miles an hour, you're not talking about a
10:57:33 bloody nose and a skinned knee.
10:57:36 You're talking about broken bones, teeth, hospital
10:57:38 visits, maybe head injuries and so my question is,
10:57:42 what is the city's liability here?
10:57:44 I know it's considered officially part of the county's
10:57:46 greenways trails system and allowing unrestricted bike
10:57:51 use, you compromise the safety and enjoyment of all
10:57:54 other users.
10:57:55 And when there's a bike lane right there on Bayshore
10:57:58 and you have the friendship trail, the old Gandy
10:58:01 bridge and you have Davis Island, both safe, close
10:58:05 alternatives, it seems very unnecessary risk to allow
10:58:09 unrestricted bikes on Bayshore sidewalk.
10:58:13 So I hope you look into the city's exposure to
10:58:16 liability there and maybe look at some limitations
10:58:19 prohibiting bikes before 9:00 and after 5:00, peak use
10:58:22 hours.

10:58:23 Regarding number 7 and water, how much of our water
10:58:26 use goes towards lawns?
10:58:29 And specifically grass, St. Augustine grass?
10:58:32 If we cut that out, how much of a water issue would we
10:58:37 have?
10:58:38 And this just seems really silly because grass is not
10:58:42 friendly to wildlife.
10:58:46 You can't eat it.
10:58:47 Can't even play on it.
10:58:48 Doesn't hold up to traffic.
10:58:49 How often do you see kids running around on St.
10:58:51 Augustine grass?
10:58:53 It's a showcase, for aesthetics only.
10:58:57 We water the heck out of it.
10:58:59 It's not natural in this environment.
10:59:01 When you think about beautiful Florida it's about
10:59:03 Sabal palms, saw palmettos, palm trees and oaks.
10:59:09 None of these things need watering.
10:59:11 When you look at development of Westchase and New
10:59:13 Tampa, you saw forested areas get clear-cut and
10:59:18 replaced with houses, roads, and pretty much St.
10:59:21 Augustine grass.

10:59:23 It's soaking up a lot of water.
10:59:25 And so I think a real easy solution would be to
10:59:29 somehow find a way to put a clamp on all this
10:59:33 maintenance of St. Augustine grass, especially the
10:59:36 homeowners associations that require be maintained to
10:59:39 a certain level of quality.
10:59:42 It's a crime against nature, and we're using our most
10:59:46 valuable resource on something that serves no purpose
10:59:50 other than aesthetics.
10:59:51 Eye is in the beauty of the beholder.
10:59:56 We can change what we think is pretty.
10:59:58 >>GWEN MILLER: Thank you.
10:59:58 Next speaker.
11:00:04 >> Spencer.
11:00:05 I wasn't going to come and speak about the CDC issue,
11:00:08 but I'll quickly throw something in.
11:00:10 I'll encourage you to pass what your legal counsel has
11:00:15 advised you to pass.
11:00:16 If they haven't done anything wrong, you can stop it
11:00:19 then.
11:00:20 You're not making a permanent change, just temporarily
11:00:23 making a rule.

11:00:24 I would ask legal staff to look at the proposed
11:00:26 chapter 28, section 9 that councilman Caetano had put
11:00:30 up about some of the disclosure issues which I think
11:00:32 might also help clarify a couple of things.
11:00:34 I really came down here today to talk about the water
11:00:38 issue.
11:00:38 If I could have the ELMO first.
11:00:40 I'll get copies of this to Council.
11:00:43 Basically, I have a list of recommendations for you.
11:00:47 First, I would ask that you delay any increase
11:00:51 until -- and I have a sheet of questions here for
11:00:53 Council to ask the Water Department.
11:00:55 You get the answers to those questions.
11:00:56 Next, if we have the increases, they be placed into a
11:01:02 specific trust fund for the purposes that the Water
11:01:05 Department laid out.
11:01:07 That we have audits that show exact targets are being
11:01:11 met for what these fees are intended for.
11:01:14 If they are not met that they automatically revert
11:01:16 back.
11:01:17 What we have seen in the past, things that pay -- we
11:01:23 end up paying money, nobody knows where it goes.

11:01:26 It goes into the general fund.
11:01:28 All distributed out.
11:01:28 No one could follow any of it.
11:01:30 Here is what we do know, that this is a disguise --
11:01:37 overall, this is 113 million-dollar tax hike over five
11:01:42 years, which would be the largest tax hike in the City
11:01:44 of Tampa's history.
11:01:45 The entire $20 million of proposed tax cuts for this
11:01:49 year will be recaptured by these increased fees in
11:01:52 less than three years.
11:01:53 We know that 50% of city water goes to the 1,000
11:01:57 largest commercial customers, and by what's being
11:02:00 wasted by the citizens.
11:02:01 37% is going to the 1,000 largest commercial customers
11:02:04 and 13% is going to waste.
11:02:08 I don't feel it's reasonable that all city residents
11:02:10 are punished especially residents that don't have
11:02:12 access to reclaimed water or any other options for
11:02:14 what 1,000 customers are doing, what the city is busy
11:02:18 doing.
11:02:19 As it was said earlier, the reclaimed water system
11:02:23 would pay for itself, it hasn't.

11:02:25 I don't know how expanding it, doubling the size all
11:02:27 of a sudden is going to make it pay for itself.
11:02:29 They have basically five categories.
11:02:33 Operations, over five years, it's going to cost the
11:02:36 city -- city residents $32 million.
11:02:39 Pipe replacement, $47 million.
11:02:41 Star one 10 million, star two, 11 million.
11:02:44 Hillsborough River flows, which is the settlement
11:02:45 agreement that hasn't been publicly discussed, I
11:02:49 realize you can't discuss it publicly, that will cost
11:02:51 11 million.
11:02:52 I would ask that the questions I brought here, and
11:02:55 it's two pages -- I'm trying to go quick -- basically
11:02:59 what we want to know, what's the current audit of the
11:03:02 Water Department.
11:03:03 As I said, we haven't seen this audit.
11:03:05 It's being released supposedly this afternoon.
11:03:08 Until we do that, I don't think talking about giving
11:03:09 them more money is even remotely appropriate.
11:03:12 What assurances do we have that this money won't be
11:03:14 wasted?
11:03:14 We still don't know what happened with the

11:03:16 $650,000 they spent on the pipeline design.
11:03:21 What steps they have taken to make sure something like
11:03:23 that never happens again.
11:03:24 Broke down questions by category.
11:03:28 Category one, what exactly is in operations.
11:03:30 How many new staff, what are the positions?
11:03:32 I'll submit all this for the record.
11:03:34 I have copies for Council members.
11:03:35 I would just ask that you please get the answers to
11:03:38 those questions before passing any --
11:03:40 >>GWEN MILLER: Thank you.
11:03:41 Is there anyone else who would like to speak?
11:03:44 We now go back to item number 8.
11:03:47 >>THOMAS SCOTT: Madam Chair, I'm going to ask that we
11:03:49 will continue the item until Dr. Fisher is here to
11:03:53 address any concerns.
11:03:54 Out of due respect, I would move that we do that.
11:03:58 That would not be until our first meeting in July.
11:04:02 >>JULIA COLE: I think you're July 19th meeting is
11:04:05 really packed up.
11:04:07 You may want to put this to the next meeting.
11:04:09 >>THOMAS SCOTT: Okay.

11:04:10 We'll move it to whatever that date is.
11:04:12 I know they were requesting next week, but we're in
11:04:15 recess for two weeks.
11:04:17 I would simply ask that we just honor that request.
11:04:19 That's all.
11:04:20 >>GWEN MILLER: Any question on the motion?
11:04:23 >>CHARLIE MIRANDA: I just want to speak directly to
11:04:25 item 8 again.
11:04:26 This is not going to eliminate any crime watch.
11:04:28 This is not going to knowingly not let anyone know
11:04:33 what's going on.
11:04:33 You will know what's going on.
11:04:35 This is not canceling any CDCs as I heard.
11:04:38 This is not canceling any overlay committees, as I've
11:04:42 heard.
11:04:42 What it is is cleaning up an ordinance so that all of
11:04:45 you from associations, independent groups to
11:04:53 individuals, to everyone who sent a notice is treated
11:04:56 the same way.
11:04:59 That's what it's about.
11:05:00 My mind isn't go to change.
11:05:03 That's why I won't support the motion on the floor.

11:05:05 >>GWEN MILLER: All in favor of the motion, aye.
11:05:07 Opposed, nay.
11:05:08 >>THE CLERK: The motion carried with Miranda voting
11:05:12 no.
11:05:13 And Saul-Sena.
11:05:15 >>GWEN MILLER: All right.
11:05:15 We go to our committee reports.
11:05:17 We have public safety, Reverend Scott.
11:05:22 >>THOMAS SCOTT: Madam Chair, I would move item 9,
11:05:24 please.
11:05:25 >>GWEN MILLER: Have a motion and second.
11:05:27 All in favor, aye.
11:05:29 [Motion Carried]
11:05:30 Parks, recreation.
11:05:31 >>LINDA SAUL-SENA: I would like to move resolutions 10
11:05:35 through 13.
11:05:36 >>GWEN MILLER: We have a motion and second.
11:05:37 All in favor, aye.
11:05:39 [Motion Carried]
11:05:39 Public works, Mr. Charlie Miranda.
11:05:42 >>CHARLIE MIRANDA: Move items 14 through 18.
11:05:45 >>THOMAS SCOTT: Second.

11:05:45 >>GWEN MILLER: We have a motion and second.
11:05:47 All in favor, aye.
11:05:48 [Motion Carried]
11:05:48 Finance Committee, vice-chair, Mr. Caetano.
11:05:52 >>JOSEPH CAETANO: Madam Chairman, I would like to move
11:05:55 items 26 to 38.
11:05:58 >>LINDA SAUL-SENA: Second.
11:06:07 >> 19 through 25.
11:06:08 >>JOSEPH CAETANO: For Finance Committee in place of
11:06:11 Mr. Dingfelder, I would like to move item 19 to 25.
11:06:15 >>MARY MULHERN: Second.
11:06:16 >>GWEN MILLER: We have a motion and second.
11:06:18 All in favor, aye.
11:06:19 >>JOSEPH CAETANO: Building and zoning, I would like to
11:06:21 move 26 to 38.
11:06:24 >>CHARLIE MIRANDA: Second.
11:06:25 >>GWEN MILLER: We have a motion and second.
11:06:26 All in favor, aye.
11:06:27 [Motion Carried]
11:06:28 Transportation, Ms. Mary Mulhern.
11:06:29 >>MARY MULHERN: I would like to move items 39 through
11:06:33 43.

11:06:33 >>GWEN MILLER: We have a motion and second.
11:06:35 All in favor, aye.
11:06:35 [Motion Carried]
11:06:41 >>CHARLIE MIRANDA: Public hearings, items 44 --
11:06:44 >>JOSEPH CAETANO: I hope Mr. Dingfelder doesn't get
11:06:46 used to that.
11:06:47 >>CHARLIE MIRANDA: Items 44 through.
11:06:52 >>GWEN MILLER: No.
11:06:53 41 to 43.
11:06:55 >>CHARLIE MIRANDA: No, that was his for second
11:06:57 hearing.
11:06:59 >>GWEN MILLER: We have a motion and second to set the
11:07:01 public hearings items 41 to 43.
11:07:04 All in favor, aye.
11:07:04 [Motion Carried]
11:07:05 Now we go to our readings of second readings.
11:07:07 We need to ask the public, anybody going to speak on
11:07:12 items 44 through 54, would you please stand and raise
11:07:22 your right hand.
11:07:24 Anyone going to speak on items 44 through 51.
11:07:30 (Oath administered by clerk).
11:07:37 >>JULIA COLE: I can read a statement that we typically

11:07:40 read out before a public hearing.
11:07:41 I ask that all written communications relative to
11:07:43 today's hearings which have been available for public
11:07:45 inspection in City Council's office be received and
11:07:47 filed into the record at this time.
11:07:48 Any member of the Council has had any verbal
11:07:52 communication with any petitioner, his or her
11:07:54 representative or any member of the public in
11:07:57 connection with today's hearing as a member of Council
11:08:00 should prior to the action disclose the following,
11:08:02 person or persons or group or entities with whom the
11:08:04 verbal communication occurred and the substance of
11:08:06 that verbal communication.
11:08:08 I'll ask all those testifying during the hearing that
11:08:10 you state your name and reaffirm for the record that
11:08:14 you have been sworn.
11:08:15 I'll put the sign up to remind everybody.
11:08:17 >>GWEN MILLER: We need to open items 44 to 54.
11:08:21 We have a motion and second.
11:08:22 All in favor, aye.
11:08:22 [Motion Carried]
11:08:23 Anyone in the public want to speak on item number 44?

11:08:27 We have a motion and second to close.
11:08:28 All in favor of the motion, aye.
11:08:29 Ms. Saul-Sena, would you read that, please?
11:08:31 >>LINDA SAUL-SENA: Thank you, Madam Chair.
11:08:32 I move to adopt the following ordinance upon second
11:08:35 reading.
11:08:35 An ordinance vacation -- vacating, closing,
11:08:40 discontinuing and abandoning a certain right-of-way,
11:08:43 portion of north street lying south of Lambright
11:08:45 Street, north of Hanna Avenue, east of 38th Street
11:08:48 and west of 39th Street in Crandall's addition to
11:08:53 Belmont Heights, a subdivision in the City of Tampa,
11:08:55 Hillsborough County, Florida, the same being more
11:08:57 fully described in section 2, providing an effective
11:08:59 date.
11:08:59 >>GWEN MILLER: We have a motion and second.
11:09:01 Vote and record.
11:09:14 >>THE CLERK: The motion carried unanimously with
11:09:17 Dingfelder being absent at vote.
11:09:19 >>GWEN MILLER: Is there anyone in the public want to
11:09:21 speak on item 45?
11:09:23 >>CHARLIE MIRANDA: Move to close the public hearing.

11:09:25 >>GWEN MILLER: We have a motion and second to close.
11:09:27 All in favor, aye.
11:09:28 [Motion Carried]
11:09:29 >>LINDA SAUL-SENA: I would like to move the following
11:09:31 ordinance upon second reading.
11:09:33 An ordinance approving an historic preservation
11:09:36 property tax exemption application relative to the
11:09:37 restoration, renovation or rehabilitation of certain
11:09:40 property owned by Rachael Haller, located at 1915 West
11:09:45 LaSalle Street formerly located at 2312 West Laurel
11:09:49 Street, Tampa, Florida, in the West Tampa National
11:09:52 Historic District based upon certain findings;
11:09:54 providing for notice to the property appraiser of
11:09:57 Hillsborough County; providing for severability,
11:09:59 providing for repeal of all ordinances in conflict,
11:10:02 providing an effective date.
11:10:03 >>GWEN MILLER: We have a motion and second.
11:10:04 Vote and record.
11:10:12 >>THE CLERK: The motion carried unanimously with
11:10:14 Dingfelder being absent at vote.
11:10:16 >>GWEN MILLER: Is there anyone in the public who wants
11:10:18 to speak on item number 46?

11:10:20 >>CHARLIE MIRANDA: Move to close.
11:10:21 >>GWEN MILLER: We have a motion and second to close.
11:10:22 All in favor, aye.
11:10:23 [Motion Carried]
11:10:24 Mr. Miranda.
11:10:25 >>CHARLIE MIRANDA: Thank you, Madam Chair.
11:10:26 Move an ordinance for second reading, an ordinance
11:10:30 approving a special use permit S-1 on appeal from a
11:10:33 decision of the zoning administrator approving a
11:10:36 congregate living facility for elderly residents over
11:10:39 the age of 65 years, expansion from eight beds to 16
11:10:42 beds in an RS-50 residential single-family zoning
11:10:45 district in the City of Tampa, Florida, and more
11:10:48 particularly described in section 1; waiving the
11:10:50 requirement of section 27-272D that facilities located
11:10:55 in RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16
11:11:04 and RO shall be limited to the maximum number of 8
11:11:08 persons in addition to the caregiver; providing an
11:11:10 effective date.
11:11:10 >>GWEN MILLER: We have a motion and second.
11:11:12 Vote and record.
11:11:18 >>THE CLERK: The motion carried unanimously with

11:11:20 Dingfelder being absent at vote.
11:11:22 >>GWEN MILLER: Is there anyone in the public want to
11:11:24 speak on item 47?
11:11:26 We have a motion and second to close.
11:11:28 All in favor of the motion, aye.
11:11:29 [Motion Carried]
11:11:29 Mr. Miranda, would you read that, please.
11:11:31 >>CHARLIE MIRANDA: Move an ordinance for second
11:11:34 reading, an ordinance approving a special use permit
11:11:36 S-2; approving, reducing offstreet parking in a CBD-2
11:11:44 central business district zoning district in the
11:11:46 general vicinity of 205 North Brush Street in the City
11:11:49 of Tampa, Florida, and as more particularly described
11:11:51 in section 1 hereof, allowing the reduction of
11:11:54 offstreet parking from one per employee to zero per
11:11:58 employee with in lieu fee to be paid, providing an
11:12:02 effective date.
11:12:02 >>GWEN MILLER: Have a motion and second.
11:12:04 Vote and record.
11:12:10 >>THE CLERK: The motion carried unanimously with
11:12:13 Dingfelder being absent at vote.
11:12:14 >>GWEN MILLER: Is there anyone in the public want to

11:12:16 speak on item 48?
11:12:17 We have a motion and second to close.
11:12:21 All in favor of the motion, aye.
11:12:23 >>THOMAS SCOTT: Thank you Madam Chairman.
11:12:25 I move the adoption of the following ordinance upon
11:12:28 second reading.
11:12:29 An ordinance rezoning property in the general vicinity
11:12:31 of 4603, 4705, 4719 East Regnas Avenue in the City of
11:12:36 Tampa, Florida, and more particularly described in
11:12:39 section 1 from zoning district classification RS-75,
11:12:43 residential single-family to PD, planned development
11:12:47 single-family detached residential; providing an
11:12:48 effective date.
11:12:48 >>GWEN MILLER: We have a motion and second.
11:12:50 Vote and record.
11:12:58 >>THE CLERK: The motion carried unanimously with
11:13:00 Dingfelder being absent at vote.
11:13:02 >>GWEN MILLER: Is there anyone in the public want to
11:13:03 speak on item 49?
11:13:05 >> Move to close.
11:13:06 >>GWEN MILLER: We have a motion and second to close.
11:13:07 All in favor of the motion, aye.

11:13:09 [Motion Carried]
11:13:10 >>THOMAS SCOTT: Madam Chairman, thank you.
11:13:12 I move the adoption of the following ordinance upon
11:13:14 second reading.
11:13:15 An ordinance rezoning property in the general vicinity
11:13:17 of 7700 west Courtney Campbell causeway in the City of
11:13:21 Tampa, Florida, and more particularly described in
11:13:23 section 1, from zoning district classifications PD
11:13:26 planned development, hotel, commercial, to PD planned
11:13:30 development hotel commercial residential, providing an
11:13:32 effective date.
11:13:33 >>GWEN MILLER: Have a motion and second.
11:13:34 Vote and record.
11:13:41 >>THE CLERK: The motion carried unanimously with
11:13:43 Dingfelder absent at vote.
11:13:47 >>GWEN MILLER: Anybody want to speak on item 50?
11:13:51 >> They are in the hallway working something out.
11:13:53 They asked if you can go past this one for a few
11:13:56 minutes.
11:13:57 >>GWEN MILLER: Anyone in the public want to speak on
11:13:59 item 51?
11:14:00 Motion and second to close.

11:14:01 All in favor, aye.
11:14:03 [Motion Carried]
11:14:03 Ms. Mulhern, would you read that, please?
11:14:06 >>MARY MULHERN: I move to adopt the following
11:14:08 ordinance upon second reading.
11:14:10 An ordinance being presented for second reading
11:14:13 rezoning property in the general vicinity of 313 south
11:14:16 bungalow park, in the City of Tampa, Florida, and more
11:14:19 particularly described in section 1 from zoning
11:14:21 district classifications RM-16, residential
11:14:24 multifamily, to RO-1, residential office, professional
11:14:29 office/single-family residential; providing an
11:14:31 effective date.
11:14:32 >>GWEN MILLER: Have a motion and second.
11:14:33 Vote and record.
11:14:42 >>THE CLERK: The motion carried unanimously with
11:14:44 Dingfelder being absent at vote.
11:14:48 >>GWEN MILLER: Anyone in the public want to speak on
11:14:49 item 52?
11:14:51 Have a motion and second to close.
11:14:52 All in favor, aye.
11:14:53 [Motion Carried]

11:14:54 >>MARY MULHERN: I move to adopt the following
11:14:56 ordinance upon second reading.
11:14:59 Ordinance rezoning property in the general vicinity of
11:15:02 10206 and 102208 North Annette Avenue in the City of
11:15:09 Tampa, Florida, and more particularly described in
11:15:12 section 1 from zoning district classifications RS-50,
11:15:16 residential single-family, to PD, planned development,
11:15:19 single-family detached residential; providing an
11:15:22 effective date.
11:15:22 >>GWEN MILLER: We have a motion and second.
11:15:24 Vote and record.
11:15:31 >>THE CLERK: The motion carried unanimously with
11:15:34 Dingfelder being absent at vote.
11:15:35 >>GWEN MILLER: Is there anyone in the public want to
11:15:37 speak on item 53?
11:15:39 >>CHARLIE MIRANDA: Move to close.
11:15:40 >>GWEN MILLER: We have a motion and second to close.
11:15:42 All in favor, aye.
11:15:43 [Motion Carried]
11:15:44 Mr. Caetano.
11:15:45 >>JOSEPH CAETANO: Move to adopt ordinance being
11:15:47 presented for second reading.

11:15:48 An ordinance rezoning property in the general vicinity
11:15:51 of 8412 north 18th Street in the City of Tampa,
11:15:55 Florida, and more particularly described in section 1,
11:15:58 from zoning district classifications RS-50,
11:16:02 residential single-family, to PD, planned development,
11:16:06 single-family detached residential; providing an
11:16:09 effective date.
11:16:11 >>GWEN MILLER: We have a motion and second.
11:16:13 Vote and record.
11:16:19 >>THE CLERK: The motion carried unanimously with
11:16:22 Dingfelder being absent at vote.
11:16:23 >>GWEN MILLER: Is there anyone in the public want to
11:16:25 speak on item 54?
11:16:27 We have a motion and second to close.
11:16:33 All in favor of the motion, aye.
11:16:34 [Motion Carried]
11:16:36 >>JOSEPH CAETANO: Move to adopt an ordinance being
11:16:38 presented for second reading.
11:16:39 An ordinance rezoning property in the general vicinity
11:16:41 of 708 and 750 East Waters Avenue in the City of
11:16:45 Tampa, Florida, and more particularly described in
11:16:48 section 1 from zoning district classifications RS-50,

11:16:52 residential single-family, and CG, commercial general,
11:16:57 to PD planned development, single-family attached with
11:17:00 resident clubhouse; providing an effective date.
11:17:03 >>GWEN MILLER: We have a motion and second.
11:17:04 Vote and record.
11:17:13 >>THE CLERK: The motion carried unanimously with
11:17:15 Dingfelder being absent at vote.
11:17:17 >>GWEN MILLER: Okay.
11:17:18 We need to open item 55.
11:17:25 [Motion Carried]
11:17:25 Is there a staff report on this or what?
11:17:30 >>JULIA COLE: I asked Ms. Coyle to come in.
11:17:33 This is second reading on the chapter 27 amendment.
11:17:40 >>CATHERINE COYLE: Catherine Coyle, Land Development.
11:17:42 As Julia mentioned, this is the second reading of the
11:17:44 ordinance changes.
11:17:45 And I would simply ask for your support in
11:17:47 supporting -- or support and adopting the ordinance at
11:17:51 this time.
11:17:51 >>GWEN MILLER: Is there anyone in the ordinance who
11:17:53 wants to speak on item 55?
11:17:55 >> Steve Michelini.

11:17:56 I'm here to discuss a couple of changes that I had
11:18:00 requested previously.
11:18:01 And last week, I certainly didn't want this whole
11:18:04 thing to be readvertised to go back.
11:18:06 There are some amendments that you can consider that
11:18:09 would put this back on first reading, and I'm
11:18:11 respectfully requesting that you do that.
11:18:14 When you submit an application for a rezoning,
11:18:18 currently, according to the staff, I mean -- that you
11:18:22 have to have a transportation analysis done as a
11:18:25 condition for your application being accepted.
11:18:27 I proposed in here some language, which I think is
11:18:30 reasonable -- which is reasonable.
11:18:36 I've discussed it with the director of transportation
11:18:39 who has no objection to this and certainly willing to
11:18:42 be contacted if you wish.
11:18:45 This is a typical transportation analysis.
11:18:47 It takes 30 to 60 days to produce.
11:18:50 It costs you anywhere from 10 to 20 thousand dollars
11:18:53 to do it.
11:18:54 In the meantime, your application sits there and it
11:18:57 goes nowhere.

11:18:58 I respectfully request that you change the code, that
11:19:02 you allow the applications to be submitted.
11:19:04 That you allow them to be processed.
11:19:05 That no public hearing be set and essentially that
11:19:09 guarantees the 30 days that's required for the staff
11:19:11 review, that no public hearing be set until the
11:19:15 petitioner actually meets with the staff and says
11:19:22 okay, we're ready to have the hearing set.
11:19:25 You won't be hearing cases that don't have the
11:19:28 transportation analysis finished.
11:19:30 That essentially the staff has the time they need
11:19:33 necessary to review the applications.
11:19:35 And then you move forward.
11:19:37 The second thing that I asked for in here that you
11:19:40 change the code and allow the petitioner themselves to
11:19:45 indicate to the staff in writing that when they are
11:19:48 ready for hearing to be set that they say the hearing
11:19:51 is ready to be set.
11:19:52 That in turn would respectfully allow the application
11:19:58 and the burden of proof to be placed back on the
11:20:00 applicant and not simply on the staff.
11:20:03 It automatically sends you something for scheduling.

11:20:07 It would be an active response by the applicant who
11:20:10 says, yes, I am ready for that application to be set.
11:20:13 The third thing is that when the staff comes before
11:20:16 you, they initiate a variety of different changes
11:20:19 without identifying the potential economic impact to
11:20:23 the petitioner on them.
11:20:24 And this is one of those cases.
11:20:26 They ought to tell you that this potentially could
11:20:28 take 30 to 60 days to produce.
11:20:31 It could take 20 to 30 thousand dollars to produce
11:20:34 this document.
11:20:35 And when you start changing the codes and putting
11:20:37 those burdens on the applicant, they ought to be
11:20:40 identifying to you what the cost is and what the
11:20:43 potential time constraints are.
11:20:47 >>GWEN MILLER: Are you finished?
11:20:48 >> I'm finished.
11:20:49 That's fine.
11:20:49 I mean, these kinds of documents are not part of due
11:20:52 diligence.
11:20:52 You ought to have the right to submit an application.
11:20:56 If you choose not to move forward once you're in the

11:20:58 process, that's fine.
11:20:59 But to hold the process up for 30 to 60 days when this
11:21:04 can run concurrently with the rest of the reviews I
11:21:08 think simply delays the process.
11:21:11 It's not necessary and it certainly would just place
11:21:13 another burden and delay on the projects being
11:21:18 proposed to you.
11:21:18 >>LINDA SAUL-SENA: Mr. Michelini, I have a question.
11:21:21 And that is, when you have a client who wants to move
11:21:26 ahead with a request for rezoning or something, and
11:21:28 they recognize that a transportation analysis is going
11:21:32 to be required, why don't they just go ahead and get
11:21:38 going with that immediately so, you know, recognizing
11:21:42 the timing required to produce it.
11:21:45 >> When you take an application in, you go to three
11:21:48 agencies.
11:21:48 You go to the Planning Commission, and they sign it
11:21:51 and they tell you basically that the land use is
11:21:53 correct and we're not giving you an approval, but, you
11:21:56 know, it looks like it may be consistent.
11:21:59 We'll have to do our final analysis.
11:22:01 You go to transportation, and they do an analysis and

11:22:04 they say, oh, you know, either you do or you don't
11:22:07 need a transportation analysis.
11:22:09 If you do need a transportation analysis, your
11:22:12 application stops.
11:22:13 And they send you back to go and do this.
11:22:17 I'm not saying I'm not going to do that.
11:22:21 I'm saying allow my application, sign it off, have
11:22:24 transportation tell me you need a transportation
11:22:26 analysis which then means you have to have a
11:22:29 methodology meeting, you have to hire professional
11:22:32 transportation engineer.
11:22:33 You have to go out and do the fieldwork and write the
11:22:36 report.
11:22:36 That takes 60 days.
11:22:40 What I'm saying is, allow me to get my application in.
11:22:45 Allow those reviews to continue to take place.
11:22:48 Don't set my public hearing if I don't produce that
11:22:51 document in a timely fashion, providing the staff with
11:22:54 the minimal 30 days.
11:22:57 I'm not saying I don't want to do the report.
11:23:00 I'm not trying to get out of that.
11:23:02 But allow the application to be submitted and accepted

11:23:04 for review by the other agencies.
11:23:05 Now, if there are site plan modifications that have to
11:23:08 take place, those still take place over here on the
11:23:10 other side of the building.
11:23:11 They don't come to you because we haven't set that
11:23:15 hearing yet.
11:23:16 Those changes in the site plans will be taken care of
11:23:19 in the due process of the DRCs and other comment
11:23:23 stuff.
11:23:24 When I reviewed this with the manager, the director of
11:23:28 transportation, he said my staff has their 30 days, as
11:23:33 long as we're guaranteed that time in review and
11:23:36 you're not trying to push them out of the process,
11:23:38 there was no objection.
11:23:39 And I'm not trying to push them out of the process.
11:23:42 What I'm trying to do is allow this process to take
11:23:44 place the same time that the other applications are
11:23:47 going through.
11:23:49 >>LINDA SAUL-SENA: Thank you.
11:23:49 That was the clearest explanation that I've heard.
11:23:52 I thank you.
11:23:53 I have a question for Cathy Coyle, which is, have you

11:23:57 had an opportunity to review what Mr. Michelini gave
11:24:00 us, the process question particularly, and how do you
11:24:04 feel about it.
11:24:12 >>CATHERINE COYLE: I think there are unknowns.
11:24:14 As I said before, I do believe the transportation
11:24:16 analysis not part of the due diligence but the basic
11:24:19 intro to the application.
11:24:20 It isn't just someone walking around with the
11:24:23 application already filled out.
11:24:25 Exhibit A-1, having them sign off whether or not you
11:24:27 need an application, we have people coming in well
11:24:30 before, well in advance of that.
11:24:32 And we tell them you need to talk to transportation if
11:24:34 you are doing this size project, you need to talk to
11:24:36 the Planning Commission.
11:24:37 You need to talk to a tree and landscape.
11:24:39 It looks like there may be grand trees and so on.
11:24:42 We try to get them in advance to do that.
11:24:44 The document that the transportation analysis is shows
11:24:48 capacity of roadways, where people turn, which way the
11:24:52 traffic is going.
11:24:52 And there even can be surveys as part of that and even

11:24:56 parking studies that are part of that as well.
11:24:58 If you have someone submitting an application, you are
11:25:00 essentially giving it to the staff.
11:25:02 We would distribute it with no analysis.
11:25:04 We would be reviewing a site plan that shows one
11:25:07 thing, showing wherever the driveways are, whatever
11:25:10 type of use it is, certain square footages and
11:25:12 different types of uses.
11:25:13 We would be essentially going through the process
11:25:16 moving through and then some point later on, we get
11:25:19 they analysis into the process.
11:25:21 If it's at the 45 days he's mentioning, we're already
11:25:24 70 days into the process at that point because it is
11:25:28 approximately 115 days.
11:25:30 We're already two-thirds into the process at this
11:25:33 point.
11:25:33 We already reviewed the site plan, given our comments.
11:25:36 They would have already given us a revised site plan
11:25:39 prior to that submittal date of that analysis.
11:25:42 When that analysis is submitted, the site plan may
11:25:45 change again.
11:25:45 Driveways may have to be changed.

11:25:47 New signals, new turn lanes might have to be done.
11:25:50 Uses might have to change because the study shows that
11:25:53 things, that the capacity of the roadway doesn't give
11:25:55 them what they need.
11:25:57 The thing on the application, the entire application
11:26:00 may be altered because of that analysis.
11:26:02 And at the same time, when we're looking at
11:26:04 inefficiencies in review, you've already given an
11:26:07 application to staff over two months of reviews and
11:26:10 put in to something that may not be able to go forward
11:26:13 at that point.
11:26:13 We're putting a lot of unknowns in the beginning and
11:26:16 pushing it through, and then what becomes 115-day
11:26:20 process may become a six- or seven-month process.
11:26:23 It just doesn't make any sense to me to put it in at
11:26:26 the back end.
11:26:27 We're trying to get away from putting things in the
11:26:29 back end and having it in the front end.
11:26:31 If it was an isolated application, if we reviewed one
11:26:34 of these per month, probably wouldn't be a big deal,
11:26:36 but we're taking in anywhere from 20 to 25 of these
11:26:39 cases a month with continuances as you can see, five

11:26:42 continued cases this morning, which is even a night
11:26:45 meeting, we're not working and looking at these things
11:26:48 in a vacuum.
11:26:49 We're processing a lot of these at the same time.
11:26:51 And we're trying to deal with as many efficiency
11:26:54 issues as possible with our review and trying to keep
11:26:57 a shorter time frame on the review so they can come to
11:27:00 you.
11:27:00 And that way, everyone knows the rules up front, and
11:27:04 we all have the right information we need to do the
11:27:06 review.
11:27:07 And that's my stance on the transportation analysis.
11:27:10 I have not spoken to Roy LaMotte who -- the manager
11:27:15 of transportation.
11:27:15 He has not indicated to me that he has changed his
11:27:18 stance.
11:27:18 I have had no indication from Merv Lee, who is the
11:27:19 director of public works.
11:27:21 The last memo I got from Merv Lee on a specific case
11:27:24 was do not continue processing.
11:27:27 We need the analysis.
11:27:27 But I have not had a definitive response from him on

11:27:31 the entire policy at this point.
11:27:33 >>THOMAS SCOTT: So let me understand then, a project
11:27:38 cannot move forward until you have the transportation
11:27:40 analysis.
11:27:40 >>CATHERINE COYLE: Correct.
11:27:42 It's part of the submittal.
11:27:43 We would not accept the application until it's a part
11:27:45 of the application.
11:27:46 >>THOMAS SCOTT: They know far in advance that they
11:27:48 need to bring this analysis when they come and submit
11:27:50 the application.
11:27:53 >>CATHERINE COYLE: They should, if they are asking the
11:27:55 right questions, if they are coming in.
11:27:56 It's not often that you get someone submitting an
11:27:59 application without ever making a phone call or
11:28:02 talking to a staff member about what they can and
11:28:04 can't do.
11:28:06 >>THOMAS SCOTT: Let me hear the attorney speak from
11:28:08 what is -- give a legal opinion on this, what's being
11:28:11 requested.
11:28:15 >>JULIA COLE: You can potentially set up your process
11:28:18 that way, but even though -- what I'm hearing Cathy

11:28:21 say is you set up this very short process, and you'd
11:28:25 essentially be creating two tracks.
11:28:27 You would be creating a track for projects that need
11:28:29 transportation analysis and ones that don't.
11:28:31 I think we need to codify that and move forward with
11:28:35 that.
11:28:35 If that's not the intent of Council, which I'm not
11:28:38 really sure that it is, then I think what we need to
11:28:41 do is leave it as it is for today, see how this
11:28:44 process works, and if it's something that needs to be
11:28:48 changed, we'll change it.
11:28:50 I do understand, however, that the chapter 27 changes
11:28:53 in front of you have some additional time frames for
11:28:57 the transportation analysis, how much time
11:28:59 transportation has to review it, but, in fact, in
11:29:01 order to remove that as a submittal requirement, I
11:29:04 think we'd actually -- that would be a new change that
11:29:06 would have to go through chapter 27.
11:29:08 >>CATHERINE COYLE: It's already in the code.
11:29:09 >>JOSEPH CAETANO: Mr. Michelini, the analyzation you
11:29:15 have there from traffic, what was it that in that spot
11:29:20 prior -- in other words --

11:29:22 >> What was here first?
11:29:25 This one that I'm showing you.
11:29:26 No, it's not a pending zoning.
11:29:28 I wouldn't do that.
11:29:29 This was a car lot.
11:29:32 This was a car lot that went to a coffee shop.
11:29:36 >>JOSEPH CAETANO: They built a building for the coffee
11:29:38 shop.
11:29:38 Do you feel they need a traffic analysis for that?
11:29:40 Because I'm sure the car lot brought a lot of traffic
11:29:43 there.
11:29:44 >> Well, I'm not arguing the need for the analysis.
11:29:47 Granted, what happens is, and councilman Scott, you
11:29:53 asked a question about when do you find out?
11:29:57 Larger projects typically bring a transportation
11:29:59 engineer onto the project early on.
11:30:02 Smaller projects and infill project can't afford to do
11:30:05 that.
11:30:05 And so what happens is, you submit the application.
11:30:10 The transportation staff runs some quick numbers and
11:30:12 they say yes or no, you need an analysis.
11:30:15 I'm not trying to avoid the analysis.

11:30:17 I've also said in here that in the first 60 days, you
11:30:21 need to get working on that analysis, have your
11:30:23 methodology meeting.
11:30:25 But if it's not finished within 60 days prior to the
11:30:29 anticipated hearing date, that you don't schedule that
11:30:32 hearing.
11:30:33 It doesn't come to you for a continuance.
11:30:35 It never even comes to the clerk to set on your
11:30:38 agenda.
11:30:38 It doesn't get on your docket to tie up your time and
11:30:42 your space, because there's still staff issues to be
11:30:46 worked out.
11:30:46 The second part of that is, if the petitioner doesn't
11:30:50 make an active request to be scheduled, then that
11:30:54 petition doesn't get scheduled.
11:30:57 Now that does two things, and we talked about this in
11:31:01 that discussion meeting.
11:31:02 That unloads your agenda.
11:31:03 It doesn't load it up.
11:31:05 And it doesn't back end your application.
11:31:09 It puts the burden back on the petitioner so everybody
11:31:12 knows I got to prepare this document but you're not

11:31:17 going to hold my application up.
11:31:19 And in the process of going through site plan reviews,
11:31:19 you amend them all the time, whether it's for parks or
11:31:23 landscaping or transportation or stormwater.
11:31:26 Those amendments take place in the course of the
11:31:28 review.
11:31:28 So it doesn't create any further burden.
11:31:32 It just allows the process to continue going on.
11:31:38 What you've done in this case is you've stacked these
11:31:39 things out like this in a linear fashion instead of
11:31:41 allowing them to double track at the same time.
11:31:44 I just think that it's burdensome.
11:31:47 I think it place the project, and it is a surprise
11:31:50 when you walk in on the smaller projects now.
11:31:52 Not the big ones.
11:31:53 On the smaller projects, it is a big surprise when
11:31:56 they suddenly say, okay -- allowing these projects are
11:32:04 time sensitive.
11:32:05 They involve properties that may have contracts on
11:32:07 them, and they have to get through the process.
11:32:11 >>LINDA SAUL-SENA: I have to ask Ms. Cole of her
11:32:16 response to the idea that the petitioner should

11:32:18 trigger the scheduling.
11:32:19 Would you share with everybody what your take on it
11:32:22 is?
11:32:24 >>JULIA COLE: And this came out of the special meeting
11:32:25 we were involved in.
11:32:26 I haven't had a tremendous amount of time to talk to
11:32:29 Ms. Coyle about it.
11:32:30 In all fairness to staff, if that's the way Council
11:32:33 would like to go, then really you need to be adding
11:32:35 time to your process.
11:32:37 >>LINDA SAUL-SENA: It would take more time.
11:32:38 >>JULIA COLE: I would recommend you are going to need,
11:32:41 because if you have a petitioner request to have this
11:32:43 trigger to have their application scheduled, it would
11:32:46 be that point in time that the notices would go out.
11:32:49 But I can't recommend and I believe Cathy will never
11:32:54 be able to recommend anything that short changes
11:32:58 staff's review time on this process.
11:33:00 Whether we're talking about what Mr. Michelini
11:33:02 suggested with transportation analysis or any other
11:33:05 issues, I would encourage you to allow us to move
11:33:07 forward with the changes as they are today, and we can

11:33:09 continue that conversation that will require
11:33:12 additional code amendments anyway, and that's
11:33:14 something we can look at in the future.
11:33:16 But in no instance should we place staff in the
11:33:19 position we are shortchanging the amount of staff time
11:33:22 that they have to review.
11:33:23 And that was really the intent of the new PD changes
11:33:26 was to protect that staff time.
11:33:30 >> This doesn't shortchange the staff review time, as
11:33:33 a matter of fact --
11:33:34 >>LINDA SAUL-SENA: Excuse me.
11:33:35 I appreciate your explanation.
11:33:37 I appreciate Ms. Coyle's explanation.
11:33:40 Mr. Michelini, you've done a good job of explaining
11:33:42 your point, but based on the feedback from our staff
11:33:45 and the fact that we've had so much work on this, I
11:33:48 would like to move ahead with it.
11:33:50 I mean, we've had so many meetings on this.
11:33:55 >>GWEN MILLER: Is there anyone else like to speak on
11:33:57 item 55?
11:33:58 All in favor of the motion, aye.
11:34:07 >>LINDA SAUL-SENA: I would like to move the following

11:34:09 ordinance upon second reading, ordinance of the City
11:34:11 of Tampa, Florida, making comprehensive revision to
11:34:13 chapter 27, zoning code, City of Tampa Code of
11:34:16 ordinances, amending section 27-98, permitted
11:34:19 projections into required yards, amending section
11:34:22 27-126, accessory structures, amending section 27-323,
11:34:27 review procedure.
11:34:29 Amending section 27-392, amendment initiation,
11:34:33 amending section 27-393, procedure for amendment
11:34:37 application, amending section 27-393.
11:34:40 Procedure for amendment application, amending section
11:34:43 27-394, public notice requirements amending section
11:34:48 27-395, receipt of applications, holding of public
11:34:52 hearings by City Council, amending section 27-396,
11:34:55 comprehensive review of chapter, amending section
11:34:59 27-439, official schedule of dimensional regulations;
11:35:05 amending section 27-441 H development design
11:35:08 regulations, amending section 27-442, parking
11:35:12 requirements; amending section 27-463, Westshore
11:35:17 commercial overlay district development standards;
11:35:20 amending section 27-464, Seminole Heights residential
11:35:24 overlay district development design standards,

11:35:26 amending section 27-466, West Tampa overlay district
11:35:31 development design standards; amending section 27-523,
11:35:37 definitions, providing for repeal of all ordinances in
11:35:40 conflict, providing for severability, providing an
11:35:42 effective date.
11:35:43 >>GWEN MILLER: Motion and second.
11:35:44 Vote and record.
11:35:59 >>THE CLERK: Motion carried unanimously with Caetano
11:36:02 voting no.
11:36:04 >>GWEN MILLER: Item number 56 and 57, need to remove
11:36:07 from the agenda.
11:36:07 >>CHARLIE MIRANDA: Move so to be continued to
11:36:10 July 26th.
11:36:14 >>GWEN MILLER: We have a motion and second.
11:36:16 >>CHARLIE MIRANDA: The public hearing needs to be
11:36:17 continued to August 2nd since the first public
11:36:20 hearing could be continued until the 26th.
11:36:21 So I move this will be -- this is the first or the
11:36:24 second public hearing on this item.
11:36:26 >>GWEN MILLER: That's both of them, 56 -- both are the
11:36:29 same.
11:36:29 So we have motion and second to continue items 56 and

11:36:33 57.
11:36:33 All in favor of the motion, aye.
11:36:35 Opposed, nay.
11:36:37 [Motion Carried]
11:36:37 Okay.
11:36:38 We are on item number 58.
11:36:43 >> Move to reschedule.
11:36:46 >> So moved.
11:36:49 >> To July 26th.
11:36:50 >>GWEN MILLER: We have a motion and second.
11:36:52 All in favor of the motion, aye.
11:36:53 [Motion Carried]
11:36:54 Item 59 is a continued public hearing.
11:37:01 >> Honorable chair, City Council, good morning, Phil
11:37:04 Schulz, Land Development Coordination.
11:37:06 I have been sworn.
11:37:07 Next case, item 59, VO 7-19 located in district 6 at
11:37:12 6501 North Nebraska Avenue with the petitioner John
11:37:16 Calvin Presbyterian church.
11:37:19 The DRC has reviewed the revised plans before you and
11:37:22 they have no objections.
11:37:24 As a direction of City Council, waiver number 6 was

11:37:26 added requesting that there be no sidewalk on Diana
11:37:30 and that no fee in lieu be charged to the church for
11:37:34 that process.
11:37:35 In addition, it was recommended by Council, and it was
11:37:38 amended on the site plans you have before you to add
11:37:41 additional height and additional fencing for child
11:37:43 security.
11:37:44 If there aren't any questions on these additional
11:37:47 changes, I'll be available.
11:37:50 >>GWEN MILLER: I'm seeing people come in.
11:37:52 If you have come in late and haven't been sworn in and
11:37:55 you are going to speak on items 58 through 63.
11:38:04 (Oath administered by clerk).
11:38:14 >> David Fuchs, I'm here to represent the petitioner.
11:38:17 I gave a presentation at the last meeting.
11:38:19 I don't think it's necessary to repeat that.
11:38:20 But we have made the changes requested by the city and
11:38:24 we hope that you can approve the application now.
11:38:29 >>GWEN MILLER: Wouldn't anyone -- would anyone else
11:38:32 like to speak?
11:38:39 >> Good evening.
11:38:40 Michael Schultz.

11:38:41 My friend Chris has a facility he rents to sex
11:38:43 offenders directly next door to this particular
11:38:47 church.
11:38:47 I met the church people, and they seem like really
11:38:49 nice people.
11:38:50 I like them, but putting a sex offender, putting a day
11:38:54 care next to a facility that houses sex offenders to
11:38:57 me is insane.
11:38:59 We've talked to the people.
11:39:01 I like the people.
11:39:02 I certainly hope they pray to Jesus that these
11:39:05 people's souls get better.
11:39:07 But it's absolutely insane.
11:39:10 Also, I don't know as much as Chris, who will be
11:39:15 coming up, there's like 59, 69, 79 sex offenders
11:39:18 within one mile of this particular facility.
11:39:23 This is just plain insanity.
11:39:27 Now, I like the church.
11:39:27 I was told -- you can ask the church people -- but I
11:39:28 was told that the church also has another facility
11:39:30 that's not near any sex offenders.
11:39:32 Now, also, in these particular areas, sex offenders

11:39:34 are only allowed to the best of my understanding in
11:39:36 certain areas of the city.
11:39:37 That's why my friend Chris bought this particular
11:39:41 facility because it was allowed in there.
11:39:42 It's approved by the department of corrections.
11:39:44 The people that are going to be there are going to be
11:39:47 grandfathered in.
11:39:48 With that said, the people, sex offenders, do you like
11:39:53 them, hate them, most people hate them.
11:39:55 But the thing is, they got to live somewhere.
11:39:57 Now, Chris I know for a fact, the sex offenders that
11:40:00 he's allowing into his particular building, he screens
11:40:03 them.
11:40:03 If there is a problem for sure with any of these sex
11:40:06 offenders, Chris will give his phone number and
11:40:09 they'll deal with it.
11:40:10 They will put these people away.
11:40:13 You can't have -- this is a recipe for disaster.
11:40:16 I'm a live and let live guy.
11:40:17 I really am.
11:40:18 But a facility that has sex offenders right next to a
11:40:21 day care, it's flipping insane.

11:40:25 I feel bad for the church.
11:40:27 The thing is, my friend Chris never would have bought
11:40:30 this facility if he thought he wouldn't be able to
11:40:32 continue running it.
11:40:33 He bought it to run to house sex offenders.
11:40:35 That's what he did.
11:40:36 And he's got like over $600,000 before improvements
11:40:42 and more in.
11:40:43 The day care I doubt is going to have that much in it
11:40:46 across the street.
11:40:46 It's just something that shouldn't happen.
11:40:48 I'm sorry.
11:40:49 And I apologize to the people at church having talked
11:40:51 to them.
11:40:52 I think they are great people.
11:40:53 I enjoyed talking to them.
11:40:55 I think they are the salt of the Earth.
11:40:56 But I think -- it's not a good idea.
11:41:00 Now, I personally, I stopped by there and I looked at
11:41:02 it.
11:41:03 And I went with a friend of mine.
11:41:04 So we stopped at a little bar about half a mile away

11:41:07 from here.
11:41:07 I guess I'm a terrible person, I had a couple of
11:41:10 Budweisers.
11:41:12 People I was having those Budweisers with were nice,
11:41:15 friendly people.
11:41:16 I never knew the Latin kings were so friendly.
11:41:19 They are good guys -- I mean, to drink a Budweiser
11:41:22 with.
11:41:23 But I'm not so sure, because I don't have a problem
11:41:25 with the Latin kings, just having a couple of beers
11:41:28 with them, on my way out of the neighborhood, I just
11:41:32 don't think it's good.
11:41:33 Now, prostitutes, hey, I have nothing against them
11:41:37 either.
11:41:37 They are walking all over the place down there.
11:41:39 Just not the place for a day care.
11:41:41 I mean, I've heard you guys all day today.
11:41:45 You're reasonable.
11:41:46 Everything is reasonable.
11:41:47 And like I said, I apologize once again to anyone who
11:41:51 has a church.
11:41:52 I do.

11:41:53 They are good guys.
11:41:54 But Jesus -- I'm sorry.
11:41:57 Oh, God.
11:41:58 I'm sorry.
11:42:01 You know, you guys have a good day.
11:42:03 Like I said, I do want to apologize.
11:42:04 Chris never would have bought this property if he
11:42:07 thought there was going to be a day care put next
11:42:10 door.
11:42:11 He wanted to make some money.
11:42:13 There are only so many places they can put these
11:42:15 people.
11:42:16 The thing is --
11:42:17 >>GWEN MILLER: Thank you, sir, your time is up.
11:42:19 >> I could ramble.
11:42:21 I'm sorry.
11:42:32 >> Chris STOVER.
11:42:35 The last City Council meeting we had, I think it was
11:42:38 brought up that it was sex offenders versus the day
11:42:41 care.
11:42:42 I don't think that's the case.
11:42:43 I think this is a case of the thousand foot rule and

11:42:46 the city's buffer zone rules.
11:42:48 And I think that this situation, if we actually put
11:42:51 this day care is going to open up some legalities that
11:42:55 are going to take this thousand-foot rule and the
11:42:57 city's buffer zone rules to the test.
11:43:00 Sex offenders, no one is for them.
11:43:03 I think the world would be a better place without them
11:43:05 in the world.
11:43:06 But the reality of the fact is that they have to live
11:43:08 somewhere, and they are being released from jail.
11:43:12 Now, my facility that I have and maintain has them in
11:43:17 one congested area.
11:43:19 They are where they can be easily monitored.
11:43:22 They are not intertwined with neighborhoods.
11:43:24 They are all in one whole unit.
11:43:30 I would never have purchased this property and I would
11:43:32 never have tried doing what I'm doing with this
11:43:34 property had the church done what they were supposed
11:43:36 to do and put up the proper notifications.
11:43:40 We're here before the City Council because there are
11:43:42 rules and regulations on what you are supposed to do.
11:43:44 This church didn't do what they were supposed to do.

11:43:46 They didn't put the proper notification that there was
11:43:48 going to be a day care built at this location.
11:43:51 The department of corrections wouldn't have put people
11:43:54 that are living there in this facility if the church
11:43:59 had done what it was supposed to do and properly
11:44:01 notified the city by displaying the signs it's
11:44:04 supposed to display.
11:44:05 I think that this -- you know, I'm here pretty much
11:44:10 just to partially warn the city and warn, you know, I
11:44:13 tried to warn the church that this is a bad idea.
11:44:16 I wouldn't put a church aside a strip club.
11:44:21 I wouldn't put a church aside a correctional facility.
11:44:24 And I don't think it's a good idea to put a church
11:44:27 right across the street from -- or not even across the
11:44:31 street, right aside an apartment complex that's
11:44:33 housing several sex offenders.
11:44:35 I just think it's craziness and neglect if you guys
11:44:42 vote for these children to be put next to this
11:44:45 facility.
11:44:45 Even if my facility wasn't there, this neighborhood is
11:44:48 not a good neighborhood.
11:44:49 I mean, it's got -- there's a five-page list of sex

11:44:54 offenders that you can pull up that are living right
11:44:58 within a mile of where this day care will be put.
11:45:01 I mean, it's on Nebraska.
11:45:03 There are prostitutes walking up and down the street.
11:45:07 It's a heavily crimed area.
11:45:08 I just think it's crazy.
11:45:12 So that's all I got to say.
11:45:16 >>GWEN MILLER: How long have you been next door to the
11:45:17 church at your building?
11:45:18 >> I went to purchase the property originally in
11:45:21 November.
11:45:22 I didn't close until March.
11:45:23 The first time the sign was displayed was two weeks
11:45:27 before the first hearing in May.
11:45:28 >>GWEN MILLER: How long have you been operating with
11:45:29 the sex offender --
11:45:31 >> About two months.
11:45:32 Actually, about a month before the sign.
11:45:42 About two or three months.
11:45:42 >> You're saying the church didn't notify --
11:45:42 >> The public notice that's supposed to go up saying
11:45:46 zoning change for day care, nada.

11:45:48 >>GWEN MILLER: We just saw the pictures.
11:45:50 They were placed out there.
11:45:52 >> Okay.
11:45:53 When?
11:45:53 >> The clerk is going to tell me when.
11:45:53 They were placed there.
11:45:53 We have pictures of them.
11:45:53 >> They weren't there in November.
11:46:01 They weren't there in December, January, February,
11:46:03 March.
11:46:04 >>GWEN MILLER: They don't put it up until they file
11:46:06 for the application.
11:46:07 >> When was the application filed for?
11:46:09 >>GWEN MILLER: Hold one second.
11:46:11 The attorney will let us know.
11:46:13 >>LINDA SAUL-SENA: This is not for commentary.
11:46:15 This is just my own commentary.
11:46:17 That is that no one can anticipate a potential change
11:46:25 in use, but this church has been there I believe a
11:46:28 great number of years, I believe well over 20 years.
11:46:31 You couldn't help but notice that this church was
11:46:36 there in close proximity.

11:46:38 And the church, as they stated at a previous hearing
11:46:43 had a number of outreach programs at the church that
11:46:46 certainly predated this purchase of property.
11:46:48 >> I agree, but the church is not a day care.
11:46:51 A day care is a completely different -- a day care and
11:46:55 church are two completely different things.
11:46:57 A church you can put a sex offender within a thousand
11:47:00 feet of.
11:47:01 A day care, you cannot.
11:47:03 The fact that there was a church there I thought would
11:47:06 be a good thing.
11:47:07 A church right across the street from this facility or
11:47:10 connected right across from this facility I thought
11:47:13 would be a good thing, not a bad thing.
11:47:16 If these people don't need God, who does?
11:47:25 >>JULIA COLE: The sign was required to be placed on
11:47:27 the property on or before April 24th.
11:47:29 The way our code reads, there's an obligation to take
11:47:32 a picture of the sign, submit an affidavit to the
11:47:34 clerk indicating that that occurred.
11:47:36 We have all of that information in place.
11:47:38 Our code doesn't and would really be impossible to

11:47:44 require that the sign remain for any length of time.
11:47:46 That would be impossible to do.
11:47:51 Yes, things happen.
11:47:52 Weather, et cetera.
11:47:53 The applicant has complied with our code requirements,
11:47:56 therefore it is appropriate.
11:47:58 >> Then the department of correction whose deemed this
11:48:00 facility suitable for sex offenders in November or
11:48:03 December when they did would have been -- the facility
11:48:06 would have been in compliance way before the day care
11:48:09 sign was put up then.
11:48:11 >>JULIA COLE: And so I can address the issue.
11:48:16 There's an issue from the state's perspective relating
11:48:18 to when this gentleman purchased and got the
11:48:21 appropriate certifications to have sex offenders at
11:48:24 his facility and the state may be making a decision
11:48:28 that you no longer can have it there.
11:48:30 That's a question of the state.
11:48:32 Really the question before you is one of
11:48:34 compatibility.
11:48:34 The day care request compatible with the neighborhood?
11:48:39 The testimony that you are hearing goes into that

11:48:40 question.
11:48:43 >> Anybody in their right mind would say it's not
11:48:48 compatible with sex offender --
11:48:49 >>GWEN MILLER: Okay, sir.
11:48:50 Thank you.
11:48:51 >> Good morning.
11:48:52 My name is Mary Senimeyer.
11:48:55 I live at 3409 East 24th Avenue.
11:48:58 I've come to speak for the unspeakables.
11:49:00 Today, sex offenders are like the lepers in the old
11:49:05 testament.
11:49:06 Nobody wants to deal with them.
11:49:09 I want to tell you my story relating to this
11:49:11 situation.
11:49:11 We have a very dear family friend who was
11:49:14 incarcerated.
11:49:16 He's trying to be released as a sexual offender.
11:49:19 He was brought into the local area and told in prison
11:49:22 you have to go find a place to live.
11:49:25 So what does he do? He has to queue up, call somebody
11:49:31 who has a land line so he can charge his phone to our
11:49:34 house, and then we have to call his relatives who have

11:49:37 cell phones, and we proceed to look for property that
11:49:41 he can live in.
11:49:42 So we find what we think are nice places, right?
11:49:45 And when you tell a person because you want to be
11:49:47 up-front with them, this seems like a nice place, but,
11:49:50 oh, by the way, this person is going to be a sexual
11:49:53 offender, you know what they tell us, right?
11:49:55 No.
11:49:56 So I come up with this brilliant idea.
11:50:00 I say -- I think this is where I put this?
11:50:03 This was published some while back by the Hillsborough
11:50:07 County.
11:50:07 And it has a listing of all the sexual offenders.
11:50:10 I said, okay, I'll find out where the sexual offenders
11:50:13 are living because they've already been approved.
11:50:15 Okay?
11:50:16 So the first place I pick out is the exact same
11:50:20 apartment a person was living at before.
11:50:22 And we submit it to the probation officer.
11:50:24 And they go, oh, there's a day care center within
11:50:28 750 feet.
11:50:29 Sorry, can't do it.

11:50:31 So we go looking again, and we find this place that
11:50:36 has like five people living in a house, sort of like
11:50:39 his situation, but right next door is a nice house.
11:50:42 So Wes, okay, give this to the probation officer.
11:50:50 There was a bus stop within a thousand feet.
11:50:52 Now we get into the county and the county School Board
11:50:55 saying, hey, how is it that we have a school bus stop
11:51:01 within a thousand feet of this guy but next door we
11:51:03 have sexual offenders listed.
11:51:05 They said, well, we're sorry, we're not going to move
11:51:08 the bus stop.
11:51:09 So we're out of luck again.
11:51:13 It's very hard to find places for these people to
11:51:20 live.
11:51:20 I've been working on this project for at least two
11:51:22 months trying to find this man a place to live.
11:51:25 We like to think of them, like I say, as lepers of
11:51:29 today, but these people have family, they have
11:51:32 relatives, they have loved ones.
11:51:34 All they want to do is have a place to live and a
11:51:39 place to be a productive member of society.
11:51:41 We would invite this person into our very own home,

11:51:46 but guess what, we have two church day care centers
11:51:49 within two blocks of my house.
11:51:51 I can't even have him come into my own home.
11:51:55 This is the problem facing us.
11:51:57 So in this particular instance, I'm saying let this
11:52:01 man have this residence, which is desperately needed
11:52:05 versus the child care center.
11:52:07 Make them find a piece of property a thousand feet
11:52:10 away.
11:52:10 Thank you.
11:52:13 >>GWEN MILLER: Thank you, next.
11:52:17 >> Susan Long, 921 East Broad Street.
11:52:20 I am treasurer for old Seminole Heights Neighborhood
11:52:23 Association.
11:52:24 This apartment complex or whatever you want to call
11:52:30 it, we were never given notification that they would
11:52:33 move in up to 16 sexual predators there.
11:52:37 We had no input.
11:52:38 No one knew anything about it.
11:52:40 We're strongly in support of the day care center which
11:52:43 is desperately needed in the area.
11:52:45 There's a screaming demand for it.

11:52:46 They have the facility.
11:52:47 They have the location.
11:52:48 On top of it, the church has children congregating
11:52:52 there on a regular basis.
11:52:53 I can't give you the exact days or what they are.
11:52:55 You go there and they have groups of children
11:52:57 congregating.
11:52:58 This has been going on for years.
11:52:59 This is not a new thing.
11:53:01 The day care is a new thing.
11:53:02 Children congregating there on a regular basis is not.
11:53:05 As a Neighborhood Association, we are very supportive
11:53:08 of the day care center and not supportive of packing
11:53:12 16 sexual predators in a very small apartment complex.
11:53:16 Thank you.
11:53:17 >>GWEN MILLER: Thank you.
11:53:18 Anyone else like to speak?
11:53:19 We need to close the public hearing.
11:53:24 Oh, we have one more.
11:53:26 >> Morgan, I'm the attorney for John Calvin, the
11:53:28 church.
11:53:28 Children have regularly congregated on our property

11:53:38 for over 50 years.
11:53:40 The church has been there that long while John Calvin
11:53:43 itself has a very small congregation, only about 30
11:53:47 members with six to eight children regularly
11:53:50 attending, numerous groups in the community and other
11:53:52 religious bodies have met at our church and continue
11:53:55 to do so.
11:53:56 And were meeting at our church long before Mr. Store
11:54:03 ever thought of opening his apartment so they could
11:54:05 house sex offenders.
11:54:06 The seven day Adventist church meets there on
11:54:10 Saturdays from 9 a.m. to 5 p.m. and has done so for
11:54:15 over a year.
11:54:16 The average attendance of children on those Saturdays
11:54:19 is 32.
11:54:22 On special occasions, they have more than 60 children
11:54:26 attending and at least once every month in regular
11:54:32 meetings, they have 50 children.
11:54:34 We have opened the church up for narcotics anonymous
11:54:38 and alcoholics anonymous groups.
11:54:41 We continue to do so.
11:54:42 That has gone on for years.

11:54:44 We have a teenage narcotics anonymous group that meets
11:54:47 at the church on a regular basis.
11:54:50 The house of praise, church of God and Christ meets
11:54:56 there on Sunday evenings.
11:54:58 10 children normally attend that.
11:54:59 The NA radical recovery group meets there on Friday
11:55:07 evenings, seven to ten children attend that.
11:55:09 This for a long time has been a facility where
11:55:12 children normally regularly congregate.
11:55:15 DOC should have known that.
11:55:17 If they bless the use of the rathole apartments next
11:55:22 door for sex offenders so that this man could make $600
11:55:28 a month from each of these poor sex offenders, and pack
11:55:35 18 -- I'm sorry, 16 of them in there and make a vast
11:55:38 profit, well, I think DOC made a mistake.
11:55:41 Our children have normally congregated on this
11:55:44 property for years.
11:55:44 I would ask City Council, if you would, please, since
11:55:50 I have heard Mr. Stowers comments earlier today to the
11:55:55 media, we were here two weeks ago, we checked.
11:55:57 There were two sex offenders showing up on the list of
11:56:00 registered sex offenders living there.

11:56:03 One was in jail for probation revocation.
11:56:05 I heard Mr. Stower say to the media today that he had
11:56:10 five in there now, and he plans to have seven by
11:56:12 tomorrow.
11:56:13 I would ask the Council to please help us in Seminole
11:56:16 Heights community and in our church, give us extra
11:56:20 police protection.
11:56:22 There's a difference between a sex offender getting
11:56:24 out of prison and going to live with his mother in a
11:56:27 single-family dwelling because he has nowhere else to
11:56:30 go.
11:56:30 And I sympathize with these men.
11:56:34 I was a criminal defense attorney for 30 years.
11:56:37 But they don't have to be packed into my neighborhood
11:56:39 like sardines next to a place where there are hundreds
11:56:42 of children there every week.
11:56:46 Thank you.
11:56:47 >>GWEN MILLER: Thank you.
11:56:47 Anyone else like to speak?
11:56:51 >> Earl Smith.
11:56:52 I'm the pastor, and I have been sworn.
11:56:56 I guess I have a couple of concerns.

11:56:57 The one concern that really I can't understand is why
11:57:04 we as a church have to come and get a use permit to
11:57:08 put a day care center.
11:57:10 Mr. Stover doesn't have to come and get a use permit
11:57:15 to put sex offenders next to our church.
11:57:18 I don't quite understand that.
11:57:19 Maybe the Legal Department of the city should look
11:57:21 into requiring them to have a use permit to do
11:57:26 something like that.
11:57:27 We were not aware they were there until we applied for
11:57:30 the use permit and Mr. Stover contacted us.
11:57:34 We've been trying to raise funds for this project for
11:57:37 well over a year.
11:57:38 And we've already raised about $200,000 from various
11:57:46 foundations and organizations in the City of Tampa for
11:57:49 this project.
11:57:50 We still have more to go.
11:57:52 Our contractor wants to start construction on
11:57:54 September 1st.
11:57:55 We hope to open the doors January 1st, 2008.
11:57:59 We're concerned now what this may do to our additional
11:58:03 fund-raising that's ongoing.

11:58:05 Whether this will have an adverse effect on that.
11:58:09 We have the backing and the full knowledge of the
11:58:13 early childhood learning folks of Hillsborough County
11:58:15 schools working with us on this.
11:58:17 We have the backing and financial commitment of the
11:58:21 children's board.
11:58:22 They've been working on this with us for over a year
11:58:25 as well.
11:58:25 This is not something new that's just come up.
11:58:28 This is something that we've been working on for some
11:58:30 time.
11:58:32 We want to present a sign or a picture of the property
11:58:36 and a sign that says future home of the St. John
11:58:38 learning center, obviously visible right next to the
11:58:42 street on Nebraska.
11:58:43 That sign has been there for a year.
11:58:45 I'm sorry if Mr. Stover didn't see it.
11:58:49 It's there.
11:58:50 It's there now.
11:58:50 It's been there for a year.
11:58:52 Can I just present this as evidence?
11:58:56 >>GWEN MILLER: Yes, you can give it to us.

11:59:00 >> That's all I have to say.
11:59:01 >>GWEN MILLER: Anyone else like to speak?
11:59:03 Need to close the public hearing.
11:59:04 We have a motion and second to close.
11:59:06 All in favor of the motion, aye.
11:59:07 Mr. Dingfelder.
11:59:09 >>JOHN DINGFELDER: I'll move an ordinance approving
11:59:14 special use permit S-2, approving a place of religious
11:59:17 assembly and day care facility in RS-50 residential
11:59:20 single-family and CI commercial intensive church
11:59:23 residential zoning district in the general vicinity of
11:59:26 6501 North Nebraska Avenue.
11:59:30 More particularly described in section 1 allowing
11:59:32 grass parking, reducing the required number of parking
11:59:36 spaces from 24 to 18.
11:59:37 Reducing required 40-foot side yard setback on Lambert
11:59:41 Street to 25 feet.
11:59:42 The side yard setback on Diana to 9.7 feet and the
11:59:46 rear yard setback from 40 feet to 17.05 feet, waiving
11:59:51 the required access to an arterial or collector
11:59:53 street, providing an effective date.
11:59:54 And I feel very comfortable making this motion.

11:59:57 I think we've heard plenty of evidence on both sides.
12:00:00 And specifically, I think we did ask them to make sure
12:00:04 they increased the height of the fence and change the
12:00:07 location of the fence to better protect the children.
12:00:11 So I'm comfortable with it.
12:00:13 >>GWEN MILLER: Ms. Saul-Sena.
12:00:15 >>LINDA SAUL-SENA: Thank you.
12:00:15 I'd like to ask a question of our Legal Department,
12:00:19 which is, if we pass this, can we ask the department
12:00:24 of corrections to not allow any more sexual offenders
12:00:27 in proximity to this?
12:00:29 >>JULIA COLE: I'm not really sure what jurisdiction
12:00:32 the department of corrections would have over just
12:00:34 making that determination for a specific area.
12:00:36 I don't honestly know what the rules are.
12:00:38 I know that at one point, the Legal Department had
12:00:41 been looking at a variety of different issues related
12:00:43 to the -- related to these issues.
12:00:47 And so maybe the better motion would be to just maybe
12:00:50 ask the Legal Department to prepare a memo to you
12:00:53 answering that question, as a Council answer -- they
12:00:59 may already have the motion.

12:01:00 >>GWEN MILLER: All in favor of the motion, aye.
12:01:01 [Motion Carried]
12:01:03 Council members, we are on 12:00.
12:01:04 Do you want to continue or waive the rules.
12:01:06 >>CHARLIE MIRANDA: I would like to waive the rules and
12:01:08 continue, if we may.
12:01:10 >>GWEN MILLER: We have a motion and second to continue
12:01:12 on through.
12:01:13 All in favor, aye.
12:01:14 [Motion Carried]
12:01:15 >>LINDA SAUL-SENA: I would like to ask the Legal
12:01:16 Department to research the question that I just asked.
12:01:19 And get a report in 30 days.
12:01:27 >>JULIA COLE: Would it be appropriate to ask the Legal
12:01:28 Department to prepare a written response?
12:01:31 I know we've been looking at this issue already.
12:01:33 So we may already have the materials to just provide
12:01:36 you.
12:01:36 >>GWEN MILLER: Written report would be fine.
12:01:38 All in favor, aye.
12:01:39 [Motion Carried]
12:01:40 We're now on item 60, a continued public hearing.

12:01:43 >> Madam Chair person, item 60, rezoning special use
12:01:48 case V07-23, in district six located at 6503 North
12:01:57 15th Street.
12:01:58 Petitioner is True Shepherd Vital Church, Incorporated.
12:01:58 At the request of City Council, changes were made to
12:02:00 the site plan to add the existing setbacks as a waiver
12:02:04 to the plan.
12:02:05 The DRC has reviewed the plan before you today, and
12:02:07 they have no objections.
12:02:08 I'll be available for questions.
12:02:10 >>GWEN MILLER: Petitioner?
12:02:16 >> Good morning, Council.
12:02:17 I've been sworn.
12:02:18 Louis Jackson with Jackson Enterprise.
12:02:21 I want to thank the staff for the work we put into
12:02:24 this project to make it work.
12:02:26 And I concur with their request and their
12:02:28 recommendation that we approve it as is.
12:02:30 >>GWEN MILLER: Thank you.
12:02:31 Is there anyone in the public who wants to speak on
12:02:33 item 60?
12:02:36 >> Susan Long, 921 East Broad Street.

12:02:39 I'm treasurer of the old Seminole Heights Neighborhood
12:02:41 Association.
12:02:42 We have received some complaints from some of the
12:02:44 surrounding neighbors regarding a parking issue there.
12:02:47 Our association takes the position that if the parking
12:02:50 situation can be resolved, we would support this.
12:02:53 Thank you.
12:02:54 >>GWEN MILLER: Anyone else like to speak?
12:02:55 >> Move to close.
12:02:58 >> LINDA SAUL-SENA: I don't want to close it until I
12:02:59 figure out where we are with this parking issue.
12:03:02 Could the petitioner or -- could someone address this?
12:03:05 >> Yes, if you look at the staff report and on the
12:03:07 site plan, waiver number 3 requests a reduction of
12:03:12 required parking from 13 to eight spaces, which are
12:03:15 indicated on the plan.
12:03:16 And that 13 would include not only the existing
12:03:20 seating capacity in the church, but the additional
12:03:23 capacity required for the day care that would be added
12:03:25 to that.
12:03:26 But both uses will not be in use at the same time
12:03:32 Wednesday night for church, Sunday for church, day

12:03:36 care during the day.
12:03:37 So there shouldn't be an additional problem.
12:03:41 And the site plan does require additional parking from
12:03:44 what is currently available.
12:03:46 And actually, lining out the parking.
12:03:48 Which now it's not.
12:03:50 >>GWEN MILLER: We need to close.
12:03:51 We have a motion and second to close.
12:03:53 All in favor of the motion, aye.
12:03:54 [Motion Carried]
12:03:55 Clerk, do you have an ordinance?
12:04:17 >>THOMAS SCOTT: I move an ordinance approving special
12:04:20 use permit S-2, approving a place of religious
12:04:23 assembly, day care facility and SR-50 residential
12:04:26 single-family zoning district in the general vicinity
12:04:29 of 6503 North 15th Street in the City of Tampa,
12:04:32 Florida, and as more particularly described in section
12:04:35 1 hereof allowing more than 50% alternative parking
12:04:40 space on the grass, reducing the backup width from
12:04:43 seven feet to two feet, reducing the required parking
12:04:47 spaces from 13 to 8.
12:04:50 Waiving the greenspace at a hundred square feet.

12:04:53 Reducing requirement of 10 feet buffer to 6 along the
12:04:56 north and east lot line.
12:04:57 Reducing the required yard setback to 23 feet on east
12:05:05 Lambright to 16.62 on north 15th Street to 53.6 on
12:05:10 the north and to 19.4 on the east, reducing the
12:05:13 minimum lot size of 20 square feet to 11 -- 11,700
12:05:21 square feet, waiving the required access to an
12:05:23 arterial collector street; providing an effective
12:05:23 date.
12:05:28 >>GWEN MILLER: All in favor of the motion, aye.
12:05:29 [Motion Carried]
12:05:30 Item 61 is a continued public hearing.
12:05:34 >>PHIL SCHULZ: Phil Schulz, Land Development
12:05:36 Coordination.
12:05:37 The next case is Z07-42, district 6, located at 3208
12:05:43 west Tampa Bay Boulevard.
12:05:45 The DRC reviewed the revised plan before you today.
12:05:48 We have no objections.
12:05:49 ELMO, please?
12:05:50 As you can see, at the recommendation of City Council,
12:05:53 they have added a tandem parking waiver on the site
12:05:56 plan and then the site plan itself has also added the

12:06:00 additional tandem parking and they have eliminated the
12:06:03 parking in the front yard as requested by City
12:06:05 Council.
12:06:05 If there are any questions, I'll be glad to answer
12:06:08 those.
12:06:10 >>JOHN DINGFELDER: I wanted to compliment you.
12:06:13 I was going to say there shouldn't be parking allowed
12:06:16 in the front yard.
12:06:16 But you have a note number 14 that says that.
12:06:19 Thank you for your hard work and the developer.
12:06:21 >>GWEN MILLER: Petitioner?
12:06:24 >> Good afternoon, Council.
12:06:25 John Laroca, agent for the petitioner.
12:06:27 I have been sworn in.
12:06:29 Mr. Schulz summed it up.
12:06:31 I'll be glad to answer any questions, about but we've
12:06:34 addressed your concerns.
12:06:35 >>GWEN MILLER: Anyone in the public want to speak on
12:06:36 item 61?
12:06:37 We have a motion and second to close.
12:06:39 All in favor of the motion, aye.
12:06:41 [Motion Carried]

12:06:41 Mr. Miranda.
12:06:42 >>CHARLIE MIRANDA: Move an ordinance rezoning property
12:06:44 in the general vicinity of 3208 west Tampa Bay
12:06:47 Boulevard in the City of Tampa, Florida, more
12:06:50 particularly described in section 1 from zoning
12:06:52 districts classification RS-50, residential
12:06:54 single-family, to PD, planned development, business
12:06:56 professional office, providing an effective date.
12:06:58 >>GWEN MILLER: Have a motion and second.
12:07:00 All in favor of the motion, aye.
12:07:01 [Motion Carried]
12:07:02 Item 62 is a continued public hearing.
12:07:21 >>PHIL SCHULZ: Phil Schulz, Land Development
12:07:23 Coordination.
12:07:24 I have been sworn.
12:07:25 Next case is rezoning z07-42, which also was rezoned
12:07:30 two years ago for Z05-42 for PD redevelopment located
12:07:36 in district 5 at 3300 North Armenia Avenue.
12:07:40 Ivy and Cordelia.
12:07:42 The DRC has reviewed the site plan.
12:07:45 There are objections.
12:07:46 Those objections, however, are those of transportation

12:07:49 to waiver number 1.
12:07:51 And at the direction of Council, the petitioner has
12:07:56 made the additional changes, decreased their parking,
12:08:02 but increased their greenspace.
12:08:05 They have also added additional correlation between
12:08:08 the site plan and elevation, which before we had a
12:08:12 problem with the site data table being inaccurate as
12:08:17 you previously recall.
12:08:18 If there are any questions regarding this, I'll be
12:08:20 available.
12:08:20 >>GWEN MILLER: Petitioner?
12:08:31 >> Melinda Moser.
12:08:33 I'm a petitioner -- with the petitioner.
12:08:36 Castillo.
12:08:39 I have been sworn.
12:08:40 I would just like to make it clear, this property
12:08:44 already has the PD approval of a commercial building
12:08:49 of 13,900 square feet.
12:08:51 And also, attached multifamily 19 units.
12:08:56 So we're here before you to essentially reduce density
12:09:02 of the project from 13,900 square feet, two-story, to
12:09:08 a one-story office building.

12:09:09 And from 19 townhome units to 10 single-family.
12:09:16 >>GWEN MILLER: Miranda.
12:09:17 >>CHARLIE MIRANDA: I don't know if anyone in the
12:09:21 audience --
12:09:22 >>GWEN MILLER: Is there anyone in the public who wants
12:09:23 to speak on item 62?
12:09:25 You may come up and speak.
12:09:27 If you're going to come up and speak, please come up
12:09:30 and speak.
12:09:34 >> Hello.
12:09:34 John Rodriguez.
12:09:35 I live at 2311 West Cordelia Street about a block away
12:09:39 from the project.
12:09:41 I'm a member of the crime watch Neighborhood
12:09:43 Association that covers that area.
12:09:45 And I just wanted to let you all know that since the
12:09:49 inception of this project, the changes that have been
12:09:53 proposed have only been to make the project more
12:09:57 acceptable to the neighborhood, in my opinion.
12:09:59 I just would like you all to realize if you don't
12:10:02 already that on two sides of the project or the -- are
12:10:07 the boundaries for the West Tampa national historic

12:10:10 district and my initial reservations when the project
12:10:13 was first proposed was that it wasn't quite in keeping
12:10:18 with the historic areas, but I think the changes have
12:10:20 only served to make it more so and more in keeping.
12:10:24 And I think many of my neighbors feel the same way.
12:10:26 And we're anxious for the project to be completed.
12:10:29 >>GWEN MILLER: Thank you.
12:10:30 Next.
12:10:34 >> Good afternoon, Council members.
12:10:35 Jeanette LaRussa Fenton, City of Tampa, Economic and
12:10:39 Urban Development.
12:10:41 Speaking in favor of the project, in your staff
12:10:43 report, you're seeing the consistency with the
12:10:46 comprehensive plan.
12:10:47 I also wanted to let you know that the project is
12:10:49 consistent with the West Tampa Economic Development
12:10:52 plan.
12:10:52 That plan envisions West Tampa as an urban village,
12:10:56 and encourages mixed use projects of which this is
12:10:59 consistent with that goal.
12:11:00 So we think this is a good project that will enhance
12:11:03 the Armenia Avenue corridor and recommend support.

12:11:06 >>GWEN MILLER: Anyone else like to speak?
12:11:08 >>LINDA SAUL-SENA: Move to close.
12:11:09 >>GWEN MILLER: Have a motion and second to close.
12:11:11 All in favor of the motion, aye.
12:11:12 [Motion Carried]
12:11:12 Ms. Saul-Sena.
12:11:17 >>LINDA SAUL-SENA: Let's let Charlie do it.
12:11:19 >>CHARLIE MIRANDA: Let me say this, before this
12:11:21 development came, that was an empty building that did
12:11:26 well for the neighborhood.
12:11:27 It was a garment factory, if I remember.
12:11:29 It served the purpose of employment and so forth.
12:11:31 But during the years, like a lot of things, it
12:11:34 deteriorated.
12:11:34 The roof was half caved in one section.
12:11:37 You had a fence in the back that was a brick fence
12:11:40 halfway knocked down.
12:11:41 It was an eyesore for the whole neighborhood.
12:11:43 I wholeheartedly support this.
12:11:45 I move the ordinance rezoning property in the general
12:11:50 vicinity of 3300 North Armenia Avenue, 2508 and 2510
12:11:53 West Ivy Street and 2507 and 2509 West Cordelia Street

12:11:58 in the City of Tampa, Florida, and more particularly
12:12:00 described in section 1 from zoning districts
12:12:02 classification PD, planned development, to PD, planned
12:12:05 development mixed use commercial and residential;
12:12:07 providing an effective date.
12:12:08 >>GWEN MILLER: We have a motion and second.
12:12:10 Question on the motion, Mr. Dingfelder.
12:12:12 >>JOHN DINGFELDER: I wanted to compliment them on
12:12:14 their design and especially on the front porches
12:12:17 upstairs and downstairs, so that's great.
12:12:19 >>GWEN MILLER: All in favor of the motion, aye.
12:12:21 Opposed, nay.
12:12:21 [Motion Carried]
12:12:22 We have a continued public hearing for number 63.
12:12:26 >>PHIL SCHULZ: Item 63, Madam Chairperson.
12:12:28 Rezoning case Z07-46 in district 6, located at 2701
12:12:33 West Saint Isabel Street.
12:12:35 Linda Pearson is the agent for the petitioner.
12:12:39 The DRC has reviewed the revised site plans before
12:12:42 you, and there are no objections.
12:12:46 At the direction of City Council, petitioner has made
12:12:48 the corrections to facilitate solid waste ingress and

12:12:52 egress to the site as previously mentioned in the
12:12:54 first public hearing.
12:12:55 If there are any questions, I'll be available.
12:12:57 >>GWEN MILLER: Petitioner?
12:13:04 >> Good morning, Council members.
12:13:05 Linda Pearson, Diaz Pearson.
12:13:08 I have been sworn.
12:13:10 These are the architectural renderings of the proposed
12:13:13 medical office building at the northwest quadrant of
12:13:16 St. Isabel and Tampania.
12:13:20 It will be a drive-under building with the office on
12:13:23 the second floor.
12:13:24 These are a little parapet metal -- the architect
12:13:31 designed these and added these to cover mechanical
12:13:34 equipment and also as an architectural feature
12:13:38 naturally.
12:13:38 This is an area in our particular block, this is three
12:13:44 lots over of similar office, and another medical
12:13:47 office directly across the street --
12:13:49 >>JOHN DINGFELDER: Linda, do you want to reserve for
12:13:51 rebuttal?
12:13:52 >> Please.

12:13:53 >>GWEN MILLER: Anyone in the public want to speak on
12:13:55 item 63?
12:13:56 We have a motion and second to close.
12:13:58 All in favor, aye.
12:13:58 [Motion Carried]
12:14:00 >>THOMAS SCOTT: I move ordinance rezoning property in
12:14:01 the general vicinity of 2701 west saint Isabel Street
12:14:06 in the City of Tampa, Florida, more particularly
12:14:09 described in section 1 from zoning district
12:14:12 classification RS-50, residential single-family to PD,
12:14:15 planned development professional and medical office
12:14:19 providing an effective date.
12:14:19 >>GWEN MILLER: We have a motion and second.
12:14:21 All in favor of the motion, aye.
12:14:22 Opposed, nay.
12:14:23 [Motion Carried]
12:14:25 >> Yes, Madam Chair person, I would like you to reopen
12:14:28 the item for rezoning case Z07-38.
12:14:38 >>GWEN MILLER: Item 50 is already open.
12:14:39 >>PHIL SCHULZ: The petitioner has -- and I handed out
12:14:46 to Council several conditions that have been agreed to
12:14:48 by the parties in response to this.

12:14:50 These items are City Council conditions that would be
12:14:53 placed on the site plan as approved by your actions
12:14:56 today.
12:14:58 They cannot be changed by staff.
12:15:00 If they are changed, it would trigger a substantial
12:15:02 change review.
12:15:07 Ms. Andrea Zelman will actually present those to you.
12:15:14 >> Good afternoon.
12:15:15 Andrea Zelman, 501 East Kennedy, attorney for the
12:15:19 applicant.
12:15:20 Do you need me to read the conditions into the record
12:15:21 or just acknowledge that it's acceptable.
12:15:26 >>JULIA COLE: The only thing I will tell you, you
12:15:29 don't really need to read them into the record.
12:15:31 We can make them part of the record, but we'll have to
12:15:33 hear this then on first reading since we'll be making
12:15:36 these changes.
12:15:37 So what we'll do, we'll treat this as first reading,
12:15:40 and then it will have to go -- well, it would be the
12:15:43 19th if there's room on the 19th to have this for
12:15:46 second reading.
12:15:46 I don't know if there's room on the 19th to have

12:15:48 this go for second reading.
12:15:50 Okay.
12:15:54 It will automatically go to the 19th.
12:15:56 >>GWEN MILLER: Do we need to read this one?
12:15:59 >>JULIA COLE: You'll need to read the ordinance as if
12:16:01 you're reading it on first reading.
12:16:03 >> I would like to say, obviously these conditions
12:16:05 were drafted in coordination with our property owner
12:16:09 to the east.
12:16:11 And the attorney for that property owner is here also,
12:16:13 and I just want him to acknowledge on the record that
12:16:16 his client has agreed to those conditions.
12:16:21 >> Jim Porter, Ruden McClosky, 401 east Jackson.
12:16:26 I represent the developer of the property.
12:16:28 We concur with the conditions drafted.
12:16:30 We would like to thank Ms. Zelman and her client who
12:16:33 has worked very closely with us to ensure
12:16:35 compatibility between these two really great projects
12:16:37 for Channelside.
12:16:38 Thank you.
12:16:38 >>GWEN MILLER: Okay.
12:16:39 We need to close the public hearing.

12:16:40 We have a motion and second.
12:16:41 All in favor of the motion, aye.
12:16:44 [Motion Carried]
12:16:44 >>JOHN DINGFELDER: Move for first reading, an
12:16:46 ordinance rezoning property in the general vicinity of
12:16:48 211 and 227 North Meridian Avenue in the City of
12:16:51 Tampa, Florida, more particularly described in section
12:16:54 1 from zoning district classification CD-1 Channel
12:16:57 District to CD-3, Channel District, retail,
12:17:00 restaurant, office, commercial and multifamily
12:17:02 residential, providing an effective date with the
12:17:03 conditions that were added.
12:17:04 >>GWEN MILLER: We have a motion and second.
12:17:05 Question on the motion?
12:17:07 >>MARY MULHERN: I haven't been able to read these
12:17:09 notes yet, so I would like to be able to do that
12:17:12 before we vote.
12:17:15 >>LINDA SAUL-SENA: Can we do new business while she
12:17:18 has a chance to read these?
12:17:22 >>GWEN MILLER: This is coming back for second reading,
12:17:24 so you have a chance to read them.
12:17:26 We have a motion and second.

12:17:27 All in favor, aye.
12:17:28 [Motion Carried]
12:17:28 All right.
12:17:30 We go for information from Council members.
12:17:32 Ms. Mulhern, do you have any information?
12:17:34 >>MARY MULHERN: No.
12:17:35 On this item, though, I would just like to ask that if
12:17:38 it's going to be scheduled for July 19th, that it be
12:17:41 the first, maybe move things around, because when --
12:17:44 we had the first, first reading, the one that was just
12:17:48 presented to us.
12:17:49 It was very late.
12:17:50 It was very complicated, and I wasn't even comfortable
12:17:55 with the way I voted. And I would like us to start
12:18:01 maybe putting the bigger things first on the agenda on
12:18:04 those night meetings instead of putting them to the
12:18:06 end.
12:18:07 So I would like us to do that for this.
12:18:10 >>LINDA SAUL-SENA: Second.
12:18:11 >>THOMAS SCOTT: You're asking for this one, not
12:18:17 changing the whole procedure.
12:18:18 >>MARY MULHERN: Well, actually, if I may -- that's a

12:18:21 new business, I guess I'm bringing up.
12:18:24 I didn't plan to.
12:18:25 But I think that, you know, in my short career here,
12:18:28 that's really been a problem that -- you know, I think
12:18:31 that the most complicated things come to us really
12:18:35 late at night, and we need to really be thinking about
12:18:38 the complex things while we still have some.
12:18:43 >>CATHERINE COYLE: It should be easily addressed.
12:18:47 With the new process, since the zoning administrator
12:18:51 will be sending the applications -- we can basically
12:18:55 essentially stack the deck.
12:18:56 If that's choosing that you would like the harder ones
12:18:58 up front, we can certainly route them that way.
12:19:01 They'll be routed in a batch.
12:19:02 >>GWEN MILLER: We might have something that's not
12:19:05 going to have any opposition and they can't get out of
12:19:07 here and sit the whole time waiting.
12:19:09 If we have a lot and there's no opposition.
12:19:16 She wants to have the hard ones first.
12:19:20 >>JOHN DINGFELDER: I think it's too subjective and it
12:19:22 puts too much pressure on staff.
12:19:24 I think it's first come, first served and chips fall

12:19:29 where they might.
12:19:30 Because it's really not fair.
12:19:32 From the different petitioner's perspective, they
12:19:35 would all like to get in and out early.
12:19:38 >>LINDA SAUL-SENA: I think a way to address this might
12:19:40 be in terms of the scale of the projects.
12:19:44 Not that he ever zoning petition isn't important, but
12:19:47 something that is 300,000 square feet is going to have
12:19:50 a lot more impact on our city than something that's
12:19:53 3,000 square feet.
12:19:55 If size does matter and in rezonings, I think it does,
12:19:59 then that would be the criteria we could use in
12:20:01 determining the time that these things appear.
12:20:04 And if something isn't controversial, well, then it
12:20:07 will go through quickly.
12:20:08 But our brainpower really does diminish as the hour
12:20:12 gets later.
12:20:14 >>THOMAS SCOTT: Well, the issue for me becomes process
12:20:18 again and the fairness issue.
12:20:20 Where do these things fall in?
12:20:22 How are these things done now?
12:20:29 It becomes a fairness issue for me.

12:20:31 >>CATHERINE COYLE: It's first come, first served.
12:20:34 >>THOMAS SCOTT: That's the thing you ought to look at.
12:20:36 >>CATHERINE COYLE: The way things are scheduled today,
12:20:38 they are essentially scheduled by the rules that
12:20:40 Council sets.
12:20:40 When things are continued, they go to the end of the
12:20:42 agenda, because that's one of your rules as Council.
12:20:47 >>CHARLIE MIRANDA: The commonsense doctrine is this,
12:20:52 stack them just like they come in.
12:20:53 You make notations of who do you think are not going
12:20:58 to be controversial.
12:20:59 You bring those up and you ask a question is there
12:21:02 anyone in opposition to the zoning?
12:21:04 If it is, it stays where it's at.
12:21:06 If not, it comes up quickly so they can get out and
12:21:08 clear the room to have those more quickly.
12:21:10 I think that establishes and does what Ms. Mulhern
12:21:12 wanted to do.
12:21:13 >>CATHERINE COYLE: You guys have the ability to juggle
12:21:15 your agenda when it's before you.
12:21:18 >>GWEN MILLER: We'll leave it like it is.
12:21:22 >>MARY MULHERN: I have another question for you,

12:21:24 Ms. Coyle.
12:21:24 So that item, if I remember, it was like number 50
12:21:29 something or 60 something, that just happened to be
12:21:32 the last thing --
12:21:36 >>GWEN MILLER: They asked for number 50, they asked
12:21:39 for us not to do --
12:21:41 >>MARY MULHERN: I don't mean today.
12:21:43 I'm talking about the night meeting.
12:21:45 >>CATHERINE COYLE: It was a continued item.
12:21:47 And the agenda items before it were already set for
12:21:50 hearing.
12:21:50 And when Council made the motion to continue that item
12:21:52 from the night that it was on previously, it
12:21:54 automatically goes to the end.
12:21:55 >>MARY MULHERN: Okay.
12:21:56 Well, if we make a motion to continue, can we ask that
12:22:00 it be placed earlier on the agenda?
12:22:02 >> No.
12:22:10 >> The way your rule reads today, you have on your
12:22:13 night agendas for rezonings, you have ten regular
12:22:15 hearings.
12:22:16 The first ten are the regular hearings.

12:22:18 You hold three positions open for continued hearings.
12:22:21 So it's just the product of how you have it set today.
12:22:24 I understand from your workshop, I mean, from your
12:22:29 retreat that you had the other day, that there's a
12:22:32 discussion about changing the way you have that
12:22:35 processed.
12:22:36 In addition to changing your rules on how you proceed
12:22:40 on your public hearings, it will be a scenario where
12:22:44 now staff is setting these as opposed to it being set
12:22:47 by motion of Council.
12:22:49 So with those two together, you can reschedule how you
12:22:54 want them through that process.
12:22:56 >>MARY MULHERN: I'm going to harp on this issue,
12:22:58 because this is going to be the tallest building we've
12:23:01 ever approved in that district at least.
12:23:04 So we're talking about major changes.
12:23:08 I mean, there's fairness, and there's also the fact
12:23:12 that this has on our whole community and our
12:23:17 development.
12:23:17 Part of it has to do with the vision, too.
12:23:22 So I would like to maybe look at the vision for
12:23:31 Channelside at least.

12:23:34 I mean, I'm bringing up a lot of issues.
12:23:38 They are related, but what my problems were with
12:23:40 that -- never mind.
12:23:42 That's too complicated.
12:23:43 But I would like to -- I do think we can through
12:23:47 common sense try not to put these really long,
12:23:50 complicated, important decisions at midnight when
12:23:54 often all of us aren't here.
12:24:01 >>CHARLIE MIRANDA: Well, common sense was brought up
12:24:03 three times already.
12:24:04 That's the problem, lack of common sense.
12:24:06 If the department says these, we think, have five or
12:24:09 six here have no opposition, we think ant chair
12:24:13 addresses that in the beginning of the meeting and she
12:24:16 asked a question, is there any opposition to that
12:24:18 note.
12:24:20 Bing, bam, it's gone.
12:24:21 We won't be here at 12:00 at night.
12:24:23 If you ask questions pertinent only to that spectrum,
12:24:27 not to anything else about, how is your aunt doing
12:24:30 today, that kind of stuff.
12:24:31 Not that we do that, but I have to get emotional to

12:24:33 get you going.
12:24:34 That's what the problem is.
12:24:35 We ourselves are the problem.
12:24:37 Not the system.
12:24:43 >>JOHN DINGFELDER: I like that idea, Charlie.
12:24:46 Madam Chair, you can do that --
12:24:48 >>GWEN MILLER: Mr. Caetano, do you have any
12:24:51 information?
12:24:51 >>JOSEPH CAETANO: No.
12:24:52 [ LAUGHTER ]
12:25:03 >>JOHN DINGFELDER: Two items.
12:25:03 At the retreat or whatever we called it, we did some
12:25:07 things, but we weren't able to vote on it because we
12:25:10 were in an informal session.
12:25:12 Was there any indication from Mr. Shelby as to when he
12:25:15 was going to bring those items back to us?
12:25:17 >>GWEN MILLER: Well, we'll have to pass the -- the
12:25:20 clerk has them for us.
12:25:21 You got them last week.
12:25:27 You're supposed to read them and find out if there are
12:25:29 any changes you want to make in them.
12:25:32 >>LINDA SAUL-SENA: Can we defer that until 5:00?

12:25:35 >>JOHN DINGFELDER: I was going to say until we get
12:25:37 back from vacation.
12:25:38 Let's put that till the 26th.
12:25:41 The 19th is getting real full.
12:25:43 Let's defer that until the 26th.
12:25:52 >>LINDA SAUL-SENA: Put it under reports?
12:25:55 >>JOHN DINGFELDER: Definitely.
12:25:56 Put it on the agenda as an item toward the front of
12:26:00 the agenda.
12:26:01 >>LINDA SAUL-SENA: Staff report.
12:26:02 >>GWEN MILLER: Unfinished business.
12:26:05 >>JOHN DINGFELDER: Marty Shelby, staff report.
12:26:07 Okay.
12:26:08 That's number one.
12:26:09 >>JULIA COLE: Can I interrupt you one second?
12:26:12 I don't think we voted on 50.
12:26:14 >>GWEN MILLER: Yes, we did.
12:26:15 >>JULIA COLE: I apologize.
12:26:18 >> We didn't have a roll call.
12:26:22 >>THOMAS SCOTT: Excuse me, the clerk is speaking.
12:26:25 >> We didn't have a roll call on item 50.
12:26:27 >>GWEN MILLER: But it was first reading.

12:26:28 It went back to first reading.
12:26:30 It wasn't second reading.
12:26:31 It went back to first reading.
12:26:33 That's why you didn't get a roll call vote.
12:26:37 >>JOHN DINGFELDER: Marty Shelby staff report, 7/26,
12:26:40 retreat items.
12:26:42 >>LINDA SAUL-SENA: Second.
12:26:42 >>GWEN MILLER: All in favor of the motion, aye.
12:26:44 [Motion Carried]
12:26:44 Anything else?
12:26:45 >>JOHN DINGFELDER: Yes.
12:26:46 Oh, just clarification, the issue about the Freedom
12:26:49 Playground came up earlier.
12:26:50 The city has put in $475,000.
12:26:53 Stephanie Busansky called in a while ago.
12:26:59 She wants everybody to know they matched the city's
12:27:01 contribution, so they put in more than $400,000 of
12:27:04 foundation nonprofit money.
12:27:05 Also, she wanted everybody to know that on
12:27:08 September 15th is their third annual wheel-a-thon,
12:27:12 which is a wonderful event.
12:27:15 So they are just a great group, and we're really proud

12:27:18 of that and look forward to the project being done
12:27:20 before the wheel-a-thon.
12:27:21 >>GWEN MILLER: Anything else?
12:27:22 >>JOHN DINGFELDER: No.
12:27:22 >>GWEN MILLER: Mr. Miranda.
12:27:23 >>CHARLIE MIRANDA: Thank you, Madam Chair, through
12:27:26 Mr. Dingfelder's help, since it was his day to have
12:27:29 the individual come in and say our morning prayer,
12:27:33 Mr. Monsignor Higgins has agreed to come, receive his
12:27:37 commendation on that date.
12:27:38 And I felt it was appropriate to ask him to say the
12:27:40 invocation.
12:27:41 I believe he's agreed to that.
12:27:43 So that's my new business.
12:27:46 >>GWEN MILLER: We have a motion and second.
12:27:48 All in favor of the motion, aye.
12:27:50 [Motion Carried]
12:27:50 Anything else?
12:27:51 >>CHARLIE MIRANDA: That's it.
12:27:52 >>JOHN DINGFELDER: We'll let the Monsignor -- we'll
12:27:55 keep him working.
12:27:58 Keep him coming here.

12:27:59 >>LINDA SAUL-SENA: I would like to request as a chair
12:28:02 of the parks, recreation and culture committee that
12:28:05 staff appear and provide a status report on the Guida
12:28:09 house on July 26.
12:28:16 >>CHARLIE MIRANDA: That's been going on for 200 years.
12:28:18 >>LINDA SAUL-SENA: Well, it's nowhere, and I need to
12:28:21 know what we can do to get it going.
12:28:22 I want them to appear.
12:28:24 >>JOHN DINGFELDER: Second.
12:28:25 >>GWEN MILLER: We have a motion and second.
12:28:26 All in favor of the motion, aye.
12:28:27 Opposed, nay.
12:28:29 [Motion Carried]
12:28:30 >> What date did you say?
12:28:31 >>LINDA SAUL-SENA: The 26th.
12:28:32 >>GWEN MILLER: Anything else?
12:28:33 >>LINDA SAUL-SENA: No thank you.
12:28:34 >>GWEN MILLER: Clerk?
12:28:41 >> [INAUDIBLE]
12:28:41 >>GWEN MILLER: We passed it.
12:28:42 Mr. Dingfelder was going out --
12:28:45 >>JOHN DINGFELDER: No, staff came and talked to me in

12:28:47 the back.
12:28:47 Let me tell you what my concern on 21 was real
12:28:50 quickly, because I think it warrants a little bit of
12:28:52 attention.
12:28:53 $77,000 out of the general fund for architecture fees.
12:28:57 I know we have architects on staff.
12:28:59 So I was a little concerned, because our general fund
12:29:02 is obviously very precarious right now, so I asked
12:29:05 Mr. Vaughn, who is in charge of that.
12:29:07 I think he is an architect himself, and he said that
12:29:10 it's very unique architecture stuff, because we're
12:29:13 trying to move our computer equipment over into the
12:29:15 police department.
12:29:16 And you can't just -- you have to have people who know
12:29:18 how to do that.
12:29:20 It's a very specialty, unique type of architecture in
12:29:22 terms of putting in all the wires and that sort of
12:29:24 thing.
12:29:25 So I was satisfied with that, and thanks for coming
12:29:28 over.
12:29:29 >>GWEN MILLER: Need to receive and file.
12:29:30 Motion and second.

12:29:31 All in favor of the motion, aye.
12:29:32 [Motion Carried]
12:29:33 Anything else?
12:29:33 We go to our audience portion.
12:29:36 Anyone in the audience want to speak at this time?
12:29:37 (12:30 p.m.)