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Tampa City Council
Thursday, October 11, 2007
5:30 p.m

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17:44:16 >>GWEN MILLER: Ladies and gentlemen, we will start as
17:44:17 soon as we get a quorum.
17:44:19 That's why we are waiting.
17:44:21 We hate to keep you waiting but we don't have a
17:44:23 quorum.
17:44:24 As soon as we get four members we will start our
17:44:26 council meeting.
17:58:49 [Sounding gavel]

17:58:50 Tampa City Council is called to order.
17:58:52 Roll call.
17:58:59 >>CHARLIE MIRANDA: Here.
17:59:00 >>JOHN DINGFELDER: Here.
17:59:01 >>THOMAS SCOTT: Here.
17:59:02 >>MARY MULHERN: Here.
17:59:04 >>GWEN MILLER: Here.
17:59:06 Before we begin, we have -- it's not a continuance.
17:59:11 It's a walk-on.
17:59:16 >>DAVID SMITH: City attorney.
17:59:18 What I'm here this evening for is to ask you to
17:59:21 reschedule a hearing that you currently have
17:59:25 scheduled -- excuse me, two agenda items.
17:59:28 You currently have scheduled for the 18th of
17:59:30 October.
17:59:31 The first one is at 11:30, a closed session to discuss
17:59:35 some settlement offers.
17:59:37 Second one is at 11:55 to take whatever action may be
17:59:41 appropriate based on those discussions, if any.
17:59:43 And I would request that you move those instead to
17:59:47 after lunch that day to 1:30, and either 1:30, 1:55
17:59:55 and 2:00, and as Mr. Shelby can tell you, there's

18:00:00 going to be a change in the 2:00 agenda that day
18:00:03 anyway.
18:00:04 So I would request that you agree to move that time
18:00:08 period to later that day.
18:00:12 >> So moved.
18:00:13 >> Second.
18:00:13 (Motion carried).
18:00:15 >>GWEN MILLER: Question on the motion, Mr. Shelby?
18:00:18 >>MARTIN SHELBY: Yes.
18:00:19 Did you want the agenda item to be at 1:55 or 2:00?
18:00:22 It wasn't clear.
18:00:25 Mr. Smith offered you a choice.
18:00:27 As long as it's specified.
18:00:29 >>GWEN MILLER: 1:30 to 1:55.
18:00:36 Other questions?
18:00:38 All in favor of the motion say Aye.
18:00:39 Opposed, Nay.
18:00:40 Okay.
18:00:42 >>CHARLIE MIRANDA: I would like to introduce the group
18:00:47 leaders with the mayor's youth core corps, Rebecca
18:00:50 Hinestead.
18:00:54 If I could ask the men and women to please stand up to

18:00:59 be recognized.
18:01:01 [ Applause ]
18:01:07 You have another walk on, Mr. Shelby?
18:01:10 >>MARTIN SHELBY: Knowing that next week's agenda is
18:01:11 going to be extremely toxin, you had a two hour
18:01:16 workshop scheduled for 1:30 with the Planning
18:01:18 Commission, and Randy Goers from the city staff.
18:01:25 In reviewing the agenda with the chair, I have
18:01:28 inquired of Mr. Goers whether a time crunch that they
18:01:31 had to have that done at that time, and explained the
18:01:33 situation.
18:01:33 He said to me that it is not necessary to have it next
18:01:36 week, if council wishes to reschedule it for another
18:01:40 time, perhaps add it to the workshop day, and it's his
18:01:44 hundreds understanding this will be a discussion of
18:01:46 the open space elements of the comp plan, and should
18:01:50 only take about an hour at the most.
18:01:52 So, council, I guess the request would be then to make
18:01:55 a motion to move this if council so wishes to move it
18:01:59 to perhaps the end of the agenda on the 25th as a
18:02:02 workshop.
18:02:05 Or whatever date council --

18:02:08 >> 25th of October?
18:02:11 >> I know we already have several workshops.
18:02:15 Is it going to be the 5th?
18:02:17 >>MARTIN SHELBY: Council can either waive and work
18:02:20 through lunch, or council can choose to come back
18:02:23 depending on how things go.
18:02:24 This being new, the workshop schedules, we really
18:02:27 don't have a sense of how things are going to pace, I
18:02:29 guess, except for the first couple of workshops you
18:02:31 will be able to work it through.
18:02:32 So it's council's pleasure.
18:02:33 >>THOMAS SCOTT: How many workshops do we have?
18:02:38 I know we have two in the morning.
18:02:40 >>MARTIN SHELBY: I believe there are three.
18:02:42 There's the dredging matter.
18:02:43 There is the WMBE matter.
18:02:45 And then there's the -- what was the last one?
18:02:50 The chapter 27 changes which include --
18:02:56 >>MARY MULHERN: What about our next workshop meeting?
18:02:59 >>MARTIN SHELBY: Do you know what we have scheduled
18:03:00 for November workshop?
18:03:01 >>THE CLERK: November 29th, three workshops also

18:03:05 scheduled.
18:03:09 9, 10 and 11.
18:03:10 >>MARTIN SHELBY: And can you tell the council what the
18:03:15 subject matters are?
18:03:16 >>> 9 a.m., Cynthia Miller director of growth
18:03:19 management to provide a report regarding affordable
18:03:22 housing.
18:03:23 10 a.m., legal report regarding the transfer of
18:03:26 development rights.
18:03:27 11 a.m. legal to provide a report regarding how to
18:03:30 ensure the historic grid of Ybor City remains intact.
18:03:40 >>MARTIN SHELBY: Add it to 11:30 then perhaps or even
18:03:44 eleven?
18:03:45 >>GWEN MILLER: I think so.
18:03:49 >>MARTIN SHELBY: Would that be by motion, please?
18:03:50 November 29th at 11:30 for a workshop.
18:03:58 >>GWEN MILLER: We need a motion.
18:04:00 >> So moved.
18:04:01 >> Second.
18:04:01 (Motion carried)
18:04:07 >>MARTIN SHELBY: I believe Mr. Michelini brought up a
18:04:11 request.

18:04:11 >>STEVE MICHELINI: We had a misnotice on wet zoning
18:04:14 scheduled for next week and we are respectfully
18:04:16 requesting that 07-35, for 3437, 3041 Kennedy, we are
18:04:24 respectfully requesting it would be set for November
18:04:27 15th at 10 a.m.
18:04:28 >> We have a motion and second.
18:04:31 (Motion carried).
18:04:33 >>STEVE MICHELINI: We have paid the amendment fee, by
18:04:37 the way.
18:04:38 >>GWEN MILLER: We go to our committee report.
18:04:40 We have public works, Mr. Charlie Miranda.
18:04:45 >>CHARLIE MIRANDA: I move item number 2, the
18:04:47 resolution authorizing the $400,000 to be spent on the
18:04:54 item about the cleaning of the drainage and the
18:04:58 systems in the corridor.
18:05:03 >>GWEN MILLER: 1 and 2?
18:05:05 >>CHARLIE MIRANDA: Yes, number 1, I'm sorry.
18:05:07 I move 1, and 2, the funding.
18:05:10 >>GWEN MILLER: We have a motion and second.
18:05:12 (Motion carried).
18:05:12 >>GWEN MILLER: Item number 3.
18:05:22 Regarding proposed rezoning.

18:05:26 >>> Last week I think we gave you a draft of some
18:05:30 legislation that we had agreed in June, I believe, to
18:05:35 put forward regarding asking the state to change the
18:05:41 composition of the board of the Hillsborough
18:05:45 Environmental Protection Commission.
18:05:47 I wanted to hear from you whether you would like this
18:05:51 to be presented to the Hillsborough legislative
18:05:55 delegation when they meet in November, and coming from
18:06:00 City Council, the other option would be that -- well,
18:06:05 there are several other options.
18:06:09 I have committed to going forward with this personally
18:06:14 as a City Council person.
18:06:15 So if council doesn't want to approve this, I will
18:06:18 continue to ask to present it and I also believe that
18:06:24 I have the support of -- the cities of Temple Terrace.
18:06:34 It's up to you whether you want to discuss it or
18:06:35 whether I can just make the motion to do so.
18:06:37 I would like to say again, just explain the rationale,
18:06:43 in case it hasn't been made abundantly clear when the
18:06:49 Hillsborough County commission acting as the EPC board
18:06:52 voted initially to eliminate the wetlands division,
18:06:56 and then ended up kind of changing the rules of the

18:07:02 wetlands division.
18:07:05 The reaction, I New York City of my constituents, and
18:07:09 to most of the people in Tampa, a lot of people in
18:07:11 Tampa and Hillsborough, was really great concern, and
18:07:17 just agreement with that.
18:07:18 So it really became clear a couple of things, that the
18:07:24 cities of Tampa, Temple Terrace and Plant City had no
18:07:28 representation on that board.
18:07:29 And when I looked at the composition of all these
18:07:32 other governing boards that have been created by
18:07:36 special act of the state, the Environmental Protection
18:07:39 Commission is the only one that was just composed,
18:07:45 their board was composed only of one body of
18:07:49 legislators.
18:07:50 And if this -- it is especially concerning because the
18:07:53 Environmental Protection Commission actually regulates
18:07:58 the board of Hillsborough County commissioners.
18:08:02 So we have a Board of Directors that is overseeing an
18:08:08 agency that regulates this.
18:08:10 And so that's probably the biggest reason why I think
18:08:14 we need to get better representation of the citizens
18:08:18 on that board and of the municipalities because it

18:08:22 would dilute that, and resolve that obvious conflict
18:08:30 of interest that they have.
18:08:34 And the other reason is just that there were so many
18:08:37 people in Hillsborough County, and especially in the
18:08:43 City of Tampa that really feel like we need to have a
18:08:46 seat at that table.
18:08:47 So what I'm asking for is that we have a seat at the
18:08:50 table.
18:08:53 We have been generous in the way we wrote it.
18:08:55 We are still allowing the Board of County
18:08:56 Commissioners to have a majority on that board, five
18:09:01 county commissioners, two Tampa City Council people
18:09:03 that we would vote -- or would you appoint, and then
18:09:07 one each from Temple Terrace and Plant City.
18:09:11 So the proposal is a draft.
18:09:15 We can discuss it or we can vote on it, whatever you
18:09:20 wish to do.
18:09:21 >>THOMAS SCOTT: That would make it a 9-member.
18:09:24 Why not have three county commission, two City
18:09:26 Council, and then one from the municipal, and secondly
18:09:38 the --
18:09:45 >>MARY MULHERN: I'm working on it.

18:09:46 I think I will have a sponsor on it.
18:09:55 >>THOMAS SCOTT: I would second the motion to consider
18:09:57 amending it maybe 3 county commission, 2 City Council,
18:10:03 1 Temple Terrace, 1 Plant City.
18:10:05 >>MARY MULHERN: The reason that I ended up at this
18:10:08 point, and I'm willing to think about it, was that I'm
18:10:14 trying to make this palatable, as palatable as they
18:10:17 can to the county commission, and I felt like they
18:10:25 have three representatives and we have two.
18:10:27 They are going to think that proportionately the
18:10:30 council, the I ask doesn't have that proportion of
18:10:35 citizens.
18:10:37 So trying to make it sort of even.
18:10:38 We looked at the number --
18:10:44 >>GWEN MILLER: The county commission needs to have
18:10:51 more.
18:10:52 >> The public trance transportation commission.
18:10:54 Yes, that's one of the ones we looked at. and here's
18:11:04 what's going to happen.
18:11:05 If it actually gets through the Hillsborough
18:11:08 delegation, you know -- no one knows what's going to
18:11:11 happen in Tallahassee.

18:11:15 >> Right, right.
18:11:16 And talking to all of these legislative and the people
18:11:21 on the county commission and Temple Terrace, Plant
18:11:23 City, so everyone has ideas.
18:11:36 >>> Whatever we can get through.
18:11:42 >> Would you confirm the motion for the clerk so it's
18:11:45 clear what the direction is going to be?
18:11:47 Is the motion then to -- I don't want to put words in
18:11:51 your mouth.
18:11:52 >>MARY MULHERN: Okay.
18:11:53 I make a motion that the Tampa City Council approve
18:11:59 forwarding this draft legislation to the Hillsborough
18:12:03 County delegation.
18:12:06 >> Second.
18:12:07 >>GWEN MILLER: I have a motion and second.
18:12:08 >>CHARLIE MIRANDA: Question on the motion, in that
18:12:12 wording, we are leaving it open as far as the makeup
18:12:15 of the numbers?
18:12:17 >>MARY MULHERN: Right, I think it is because it's a
18:12:19 draft.
18:12:24 >>GWEN MILLER: We have a motion and second.
18:12:25 All in favor of that motion say Aye.

18:12:27 Opposed, Nay.
18:12:28 Okay, we have two items for second reading.
18:12:30 >> I move to open 4 and 5.
18:12:33 >> Second.
18:12:33 (Motion carried)
18:12:36 >>> Gordon shift, here tonight representing Intelident
18:12:50 solutions and we have a second reading on the cigar
18:12:52 factory.
18:12:53 We do have materials we want to give to the council
18:12:55 that has quite a bit of historic content and
18:12:58 information, and we wanted you to have those.
18:13:00 >> I don't need any material.
18:13:02 I don't know about the rest of them.
18:13:04 >> We did want to introduce to you the chief
18:13:06 executive officer Tom MARLER who has been at both
18:13:11 hearings, prepared to speak to you if you are willing
18:13:13 to listen.
18:13:14 Certainly we know you have a lot on your agenda but we
18:13:17 did want to make sure you do, we were very pleased to
18:13:20 be here tonight with respect to this matter.
18:13:22 >>GWEN MILLER: Let us see if anyone in the public is
18:13:24 going to speak first.

18:13:26 >>CHARLIE MIRANDA: I want to compliment him.
18:13:30 >> Is there anyone in the public going to speak on
18:13:32 item 4 and 5?
18:13:33 Would you please stand an raise your right hand?
18:13:37 >>CHARLIE MIRANDA: I see none.
18:13:38 I move to close.
18:13:39 >>GWEN MILLER: Motion and second to close.
18:13:40 (Motion carried).
18:13:43 >>CHARLIE MIRANDA: I move for adoption upon second
18:13:45 reading an ordinance of the city of Tampa, Florida
18:13:50 designating Tolle Parsonage Coombs log cabin located
18:13:54 at 1822 east park circle more particularly in section
18:13:57 3 hereof as a local landmark providing for repeal of
18:14:01 all ordinances in conflict, providing for
18:14:02 severability, providing an effective date.
18:14:03 >>GWEN MILLER: I have a motion and second.
18:14:05 Vote and record.
18:14:08 It's not working.
18:14:09 Voice roll call.
18:14:13 >>CHARLIE MIRANDA: Yes.
18:14:16 >>THOMAS SCOTT: Yes.
18:14:17 >>MARY MULHERN: Yes.

18:14:19 >>GWEN MILLER: Yes.
18:14:19 >>THE CLERK: Motion carried unanimously.
18:14:22 >>GWEN MILLER: Would anyone in the public want to
18:14:25 speak on item 5?
18:14:26 >>CHARLIE MIRANDA: Move to close.
18:14:27 >> Second.
18:14:28 (Motion carried).
18:14:28 >>THOMAS SCOTT: I move an ordinance of the city of
18:14:34 Tampa, Florida designating Balbin Brothers cigar
18:14:37 factory building a/k/a Tampa Cuba cigar factory
18:14:42 located at 1202 north Howard Avenue, Tampa, Florida as
18:14:45 more particularly described in section 3 hereof as a
18:14:48 local landmark, providing for repeal of all ordinances
18:14:52 in conflict, providing for severability, providing an
18:14:54 effective date.
18:14:55 >>CHAIRMAN: I have a motion and second.
18:14:57 Voice roll call.
18:14:58 >>CHARLIE MIRANDA: Yes.
18:15:02 >>THOMAS SCOTT: Yes.
18:15:03 >>MARY MULHERN: Yes.
18:15:05 >>GWEN MILLER: Yes.
18:15:06 Now we are going to clean up our agenda.

18:15:08 >> Moved unanimously.
18:15:13 >>> Jill Kersey, Land Development Coordination.
18:15:18 I would like to start with number 6.
18:15:19 Petitioner has requested a continuance to October
18:15:22 25th at 6 p.m.
18:15:23 >>GWEN MILLER: We need to open it.
18:15:28 >>CHARLIE MIRANDA: So move to open number 6.
18:15:31 (Motion carried).
18:15:33 >>CHAIRMAN: Anyone in the public that came to have
18:15:35 speak on item 6?
18:15:36 You may speak on the continuance.
18:15:38 What's the date again?
18:15:38 >>MARTIN SHELBY: Is petitioner here?
18:15:48 >>CHARLIE MIRANDA: What is the calendar for that date?
18:15:50 How are we doing for that date?
18:15:52 I move for continuance.
18:15:55 >>GWEN MILLER: I have a motion and second.
18:15:57 (Motion carried).
18:15:58 >>> Item number 12 is requesting a continuance to
18:16:02 November 8 at 6 p.m
18:16:05 It also will not require --
18:16:10 >> Move to open number 12.

18:16:11 >> Second.
18:16:12 (Motion carried).
18:16:12 >>GWEN MILLER: Anyone in the public that came to speak
18:16:15 on item 12?
18:16:15 >> November continue to November 8.
18:16:17 >> Second.
18:16:18 (Motion carried)
18:16:20 6 p.m.
18:16:21 >>> Item number 14 cannot be heard but if we can set
18:16:27 that for December 13th at 6 p.m.
18:16:29 >>CHARLIE MIRANDA: Move to December 13th at
18:16:33 6 p.m., item number 14.
18:16:35 >> Second.
18:16:36 (Motion carried).
18:16:37 >>> Item number 16 hues requested a continuance.
18:16:46 >> So move to open number 16.
18:16:49 >> Second.
18:16:51 (Motion carried).
18:16:52 >>GWEN MILLER: Anyone who came to speak on item 16?
18:16:54 >> Move to continue to October 25 at 6 p.m.
18:16:57 >> Second.
18:16:57 (Motion carried).

18:16:58 >>GWEN MILLER: Is anyone in the public going to speak
18:17:00 on item 9 -- I'm sorry, 7 through 17?
18:17:10 (Oath administered by Clerk).
18:17:23 >>GWEN MILLER: Number 7 is appeal hearing.
18:17:26 Need to open it.
18:17:26 >> So moved.
18:17:27 >> Second.
18:17:27 (Motion carried).
18:17:29 >>CATHERINE COYLE: Land development.
18:17:30 Item number 7 and number 8 are connected.
18:17:33 This appeal case is connected with number 8.
18:17:38 They are the same development.
18:17:39 I would ask that both of them be open.
18:17:41 >> It's continued so it is open.
18:17:45 >> Petitioner approached us and is actually requesting
18:17:48 a continuance at this point.
18:17:50 >>GWEN MILLER: For both of them?
18:17:52 For when?
18:17:54 Ms. Coyle?
18:17:55 >> I hope it's not the color here.
18:18:02 >>> Gordon Schiff representing Intelident solutions.
18:18:09 We would request a full council, or nearly fuel

18:18:12 council.
18:18:13 We are prepared to go forward, but we would prefer
18:18:15 having a full counsel or nearly full council for the
18:18:18 hearing for the project.
18:18:20 So we would like to be at the next available date that
18:18:23 you expect a full or nearly full council.
18:18:25 >>GWEN MILLER: Did anyone in the public come to speak
18:18:29 on 7 or 8?
18:18:31 You can speak if you object to the continuance.
18:18:34 >> November 8th is the next available date.
18:18:38 >>MARTIN SHELBY: Council, if I can just offer an
18:18:41 opinion.
18:18:42 When you have four council members, it's very
18:18:45 difficult on the part of petitioner because it
18:18:51 requires unanimous vote.
18:18:52 Obviously if it doesn't get the required four votes
18:18:55 it's going to require the other council members to
18:18:57 have to listen to the tape, and you understand when we
18:19:01 close a public hearing, things tend to get a little
18:19:04 messier.
18:19:04 So I would think that it would be a reasonable
18:19:06 request.

18:19:07 And I understand the public does, if they have an
18:19:08 objection, they should obviously voice it.
18:19:11 But when you have four council members, and I don't
18:19:14 believe it's an unreasonable request.
18:19:16 >>THOMAS SCOTT: And I would suggest maybe in the
18:19:18 future, to give opportunity whether they want an
18:19:25 opinion.
18:19:26 That way we can just move it.
18:19:29 >>CHARLIE MIRANDA: I see no reason, I think you asked
18:19:33 for opposition, anyone who wanted to speak to the
18:19:35 moving.
18:19:35 I see none so I move November 8th at 6:00.
18:19:38 >> Second.
18:19:38 (Motion carried).
18:19:39 >> Need to open item 9.
18:19:44 >> So move to open hearing number 9.
18:19:47 >> Second.
18:19:48 (Motion carried)
18:19:48 >> Both hearings?
18:19:58 >>GWEN MILLER: 7 And 8.
18:20:02 >>THE CLERK: Unanimous to continue item 7 and 8 to
18:20:06 November 8 at 6 p.m.

18:20:08 Thank you.
18:20:19 >> Jill Kersey, Land Development Coordination.
18:20:33 Next petitions that are going to come before you are
18:20:35 related, requesting the same thing, they have the same
18:20:37 owners, same petitioner.
18:20:42 We are hear for Z 07-56 located at 11305 north
18:20:47 51st street from RM-16 to a PD planned development
18:20:51 for residential multifamily.
18:20:54 No waivers have been requested for the three zonings.
18:20:57 The petitioner proposes to rezone the property in
18:21:00 order for the existing development.
18:21:03 5.4-acre site is located within an area of Tampa that
18:21:06 is rather small in nature.
18:21:09 Site was developed in 1980 with 136 multifamily
18:21:12 residential units.
18:21:13 The petitioner is not seeking any additional units or
18:21:16 intensity on the site.
18:21:17 The site contains ten 2 and 3 story residential
18:21:23 structures throughout the site and one, one-story
18:21:26 office structure located at the entrance of the
18:21:27 development.
18:21:28 The PD setbacks are as follows.

18:21:31 In the front is 25 feet, the side is 7 and the rear is
18:21:34 15.
18:21:35 A maximum building height of 25 feet has been
18:21:37 proposed.
18:21:38 The purpose of the zoning request is to vest the
18:21:42 existing use of the property in its current
18:21:46 configuration.
18:21:48 A total of 244 parking spaces are required and 184
18:21:49 parking spaces have been provided.
18:21:54 I would like to mention that the setback and height
18:21:58 are consistent with what currently exists on the site.
18:22:09 Here is the zoning map of the local area.
18:22:12 This here is the defining line between the city of
18:22:16 Temple Terrace and the City of Tampa.
18:22:20 Here is an aerial of the site.
18:22:31 Fowler to the north and 50th street is just to the
18:22:34 west.
18:22:35 Here is a picture of the site.
18:22:44 Another picture of the site.
18:22:54 This is along the southern boundary line.
18:23:02 These are the residential units that are to the south
18:23:04 of the property.

18:23:11 Multifamily units are locate to the west.
18:23:16 This is further up.
18:23:22 City staff finds this plan inconsistent with our
18:23:27 standards.
18:23:28 However, if they were to remove all of the requested
18:23:33 waivers from the site plan, and add the waiver -- or
18:23:36 add a note to the plan, if its structures are
18:23:40 destroyed the redevelopment of the site regarding
18:23:46 setbacks, parking and other land development
18:23:49 regulations will require review by City Council at a
18:23:52 notified public hearing which comprises of section
18:23:55 27-394-C, public notice requirements as amended.
18:24:00 If they were to add that, city staff would then find
18:24:04 the request consistent with our regulation.
18:24:06 Thank you.
18:24:17 >>TONY GARCIA: Planning Commission staff.
18:24:19 I have been sworn in.
18:24:29 You as it relate to the comprehensive plan there are
18:24:31 two land use designations for the residential 35 and
18:24:34 residential 20.
18:24:35 It's a 5.4-acre site located on the eastern boundary
18:24:38 of the city limits south of Fowler Avenue as one can

18:24:41 see on the map, in front of you.
18:24:44 The request is to find a current site for a
18:24:50 multifamily project to bring it into compliance.
18:24:53 It currently has 136 units on it as a multifamily
18:24:57 development.
18:24:57 The density potential of the site is two density
18:25:01 categories.
18:25:02 Planning Commission staff has no objections.
18:25:04 We find the proposed staff consistent.
18:25:06 >> Petitioner?
18:25:08 >>> John Ingliss, 101 East Kennedy, suite 2800,
18:25:23 represent the petitioner.
18:25:24 All that we are doing here is just vesting the current
18:25:26 density on the site, and request that unless there's
18:25:33 anybody here to speak in opposition.
18:25:37 >>GWEN MILLER: They are already there?
18:25:43 >>> They will remain in place.
18:25:44 All that we are doing is just vesting the current
18:25:46 density, which is not allowed under the current zoning
18:25:49 classification, but is permitted under the future land
18:25:53 use designation.
18:25:54 >>GWEN MILLER: Reverend Scott?

18:25:56 >>THOMAS SCOTT: I wanted to see if there's anyone in
18:25:59 opposition to the petition.
18:25:59 >>GWEN MILLER: Anyone in the public to speak on item
18:26:01 number 9?
18:26:02 >>CHARLIE MIRANDA: Move to close.
18:26:04 >>CHAIRMAN: Before we close, do you have to agree to
18:26:07 put it in?
18:26:08 >> He agreed to the.
18:26:10 >>GWEN MILLER: You agreed to the?
18:26:11 Okay.
18:26:12 >> Second.
18:26:13 (Motion carried).
18:26:13 >>GWEN MILLER: Do you have an ordinance?
18:26:14 >>MARY MULHERN: I move an ordinance rezoning property
18:26:23 in the general vicinity of 11305 north 51 st street in
18:26:29 the city of Tampa, Florida and more particularly
18:26:30 described in section 1 from zoning district
18:26:32 classification RM-16 residential multifamily to PD,
18:26:36 planned development, residential multifamily,
18:26:39 providing an effective date.
18:26:39 >>GWEN MILLER: I have a motion and second.
18:26:43 All in favor of the motion say Aye.

18:26:47 >>MARY MULHERN: Adding the note as it reads, by the
18:26:52 petitioner.
18:26:54 >>THE CLERK: Motion carried unanimously.
18:26:57 On second reading and adoption will be on November
18:27:00 1st, 2007 at 9:30 a.m.
18:27:02 >>GWEN MILLER: Open item 10.
18:27:07 >>CHARLIE MIRANDA: Move to open item 10.
18:27:09 >> Second.
18:27:10 (Motion carried)
18:27:25 >>> Jill Kersey, Land Development Coordination,
18:27:30 Z-07-57, located at 11613 and 11619 north 51st
18:27:37 street from RM-24 to PD planned development
18:27:40 multifamily uses.
18:27:41 The petitioner is proposing to rezone the property in
18:27:44 order to vest the existing property.
18:27:47 The 1.73-acre site is located within an area of Tampa
18:27:51 that is transitional in nature.
18:27:53 It was developed in 1982 with 48 multifamily
18:27:58 residential units.
18:27:59 Petitioner is not keeping any additional units or
18:28:01 density on the site.
18:28:02 The site contains four 2-story residential structures.

18:28:06 The PD setbacks are as follows: In the front 25, side
18:28:12 7, rear 20 feet.
18:28:14 Maximum building height is 45 feet, and the purpose of
18:28:17 this rezoning is to vest the existing use in its
18:28:20 current configuration, a total of 84 parking spaces
18:28:23 are required and 54 spaces are provided.
18:28:26 I did want to mention that the sites are grandfathered
18:28:30 in so they are not -- nonconforming.
18:28:39 Here is a zoning map of the area.
18:28:43 One you just heard is located to the south, just to
18:28:45 the south.
18:28:47 Temple Terrace back here.
18:28:56 Again, here is an area.
18:29:02 To the west.
18:29:23 Also to the west of the site.
18:29:24 This is located directly north of the site.
18:29:35 This goes along the southern property line.
18:29:38 And then just to the south of that is the church.
18:29:47 It's the same situation for this petitioner's request.
18:29:52 If they can remove all waivers from the site plan and
18:29:55 add the note, I can re-read it into the record.
18:30:00 If structures are destroyed in excess of 75 of the

18:30:04 assessed value regarding setbacks, buffering and all
18:30:07 other land development regulation will require the
18:30:09 review by the City Council at a noticed public hearing
18:30:12 which complies with section 27-394-C, public notice
18:30:16 requirements, as amended.
18:30:19 Thank you.
18:30:27 >>TONY GARCIA: Planning Commission staff.
18:30:29 I have been sworn in.
18:30:34 The site that we did just previous to this is located
18:30:37 just to the south of this site we are going to be
18:30:39 talking about now.
18:30:40 Here is the site.
18:30:42 Same location basically on the eastern end of the city
18:30:44 limits, Temple Terrace is here, Fowler Avenue here.
18:30:47 This is CMU 35.
18:30:49 This is residential 35, residential 20.
18:30:54 Basically a lot of general commercial uses, retail
18:30:57 uses along Fowler.
18:30:59 And as you can see the area is pretty much multifamily
18:31:05 uses.
18:31:06 That's currently what the site is right now.
18:31:08 You have 48.

18:31:10 This is to recognize an existing 48 unit development
18:31:13 as it is.
18:31:14 The density potential of this site has been determined
18:31:16 to be approximately 59 units.
18:31:18 Planning Commission staff found the proposed request
18:31:20 consistent with the comprehensive plan.
18:31:21 >>GWEN MILLER: Petitioner?
18:31:30 >>> John Ingliss, 101 Kennedy Boulevard, suite 2800.
18:31:39 >>GWEN MILLER: Does anyone want to speak to item 10?
18:31:42 >> Move to close.
18:31:43 >> Second.
18:31:43 (Motion carried).
18:31:44 >>THOMAS SCOTT: Move an ordinance rezoning property in
18:31:54 the general vicinity of 11613 and 11619 north 51st
18:32:00 street in the city of Tampa, Florida from zoning
18:32:04 district classification RM-24 residential multifamily
18:32:08 to PD planned development providing an effective date.
18:32:10 Also, this would include what the zoning add managers
18:32:15 is requesting to those terms that were raise in the
18:32:23 record.
18:32:25 (Motion carried).
18:32:25 >>THE CLERK: Motion carried unanimously.

18:32:29 Second reading and adoption will be on November
18:32:31 1st, 9:30 a.m.
18:32:33 >>CHAIRMAN: We have a motion and second to open.
18:32:37 (Motion carried).
18:32:37 >>> Jill Kersey, land development, I have been sworn,
18:32:42 Z 07 east Linebaugh 58 located at 11613 and 11615
18:32:47 north 50th street.
18:32:49 Going from residential, RM-24 residential multifamily
18:32:53 to PD planned development with residential multifamily
18:32:58 uses.
18:32:58 The petitioner is proposing to rezone the property to
18:33:03 vest the existing development, 1.74-acre site is
18:33:06 located within an area of Tampa that is transitional.
18:33:08 The site was developed in 1982 with 56 multifamily
18:33:14 residential units, but not seeking any additional
18:33:17 units or density on the site.
18:33:19 Site contains four 2-story residential structures
18:33:21 throughout the site.
18:33:22 The PD setbacks are as follows.
18:33:24 In the front, 25 feet, side 7 feet, corner 7 feet, and
18:33:29 rear 20 feet.
18:33:30 A T maximum building height of 45 feet has been

18:33:33 proposed as this is consistent with the existing
18:33:35 structure.
18:33:36 The rezoning is to vest the existing use of the
18:33:41 current property in its configuration of 98
18:33:44 parking spaces are required and 78 are provided.
18:33:50 Here is the site.
18:34:01 The one previous to that is located here.
18:34:03 This is one block over from the previous site.
18:34:15 Directly abutting on 50th street and half a block
18:34:19 south of Fowler Avenue.
18:34:21 This runs directly south of this development property.
18:34:43 This is located to the south of the site.
18:34:49 Multifamily.
18:34:50 This is located directly to the east.
18:35:00 And to the north of this site.
18:35:12 City staff finds this inconsistent.
18:35:20 However, if the petitioner was to remove the waivers
18:35:23 from the site plan and add the following note, we
18:35:26 would find it consistent.
18:35:28 Of the structure that is in excess of 75% of the
18:35:31 assessed value the redevelopment of the site regarding
18:35:34 setbacks, parking and all other land development

18:35:37 regulations will require review by the City Council as
18:35:40 a noticed public hearing which complies with section
18:35:42 27-394-C, public notice requirements as amend.
18:35:47 Thank you.
18:35:51 >>MARY MULHERN: Can I ask a question?
18:35:57 What had brought this to the attention of the
18:35:59 petitioner that they needed to --
18:36:01 >>> I believe they were trying to get refinanced and
18:36:03 the bank wouldn't refinance them, and some people have
18:36:08 a problem with insurance when they have a
18:36:09 nonconforming use.
18:36:10 >> Thank you.
18:36:20 >>TONY GARCIA: Planning Commission staff.
18:36:22 I have been sworn.
18:36:28 Deja vu.
18:36:29 The property we talked about previously before this
18:36:31 one will be here.
18:36:35 Now we are just a little bit over to the left over
18:36:37 here.
18:36:39 Same number of units, 48 units.
18:36:41 Same potential density, 59 units.
18:36:43 Same land use category, residential 35.

18:36:45 Same reason for the request which is to recognize the
18:36:47 existing uses on the site to bring the site into
18:36:50 compliance.
18:36:50 With the underlying land use category.
18:36:53 Planning Commission staff found the proposed request
18:36:56 consistent with the comprehensive plan.
18:36:58 >>GWEN MILLER: Petitioner?
18:36:59 >>> John Ingliss, 101 East Kennedy Boulevard, 2800,
18:37:10 petitioning petitioner.
18:37:11 >>CHAIRMAN: Does anyone in the public want to speak on
18:37:12 item 11?
18:37:13 >> Move to close.
18:37:14 >> Second.
18:37:15 (Motion carried).
18:37:15 >>CHARLIE MIRANDA: I move for adoption for this
18:37:25 ordinance provided that it meets these criteria of
18:37:27 what the city staff put in the gentleman agreed to put
18:37:31 in the site plan, what the city agreed to.
18:37:34 Thank you very much.
18:37:35 I move an ordinance rezoning property in the general
18:37:36 vicinity of 11613 and 11615 north 50th street in
18:37:41 the city of Tampa, Florida and more particularly

18:37:44 described in section 1 from zoning districts
18:37:46 classifications RM-24 residential multifamily to PD
18:37:51 planned development residential multifamily providing
18:37:54 an effective date.
18:37:54 >>CHAIRMAN: I have a motion and second.
18:37:57 (Motion carried).
18:38:00 >>THE CLERK: Motion carried unanimously, second
18:38:03 reading and adoption will be on November 1st, 2007
18:38:07 at 9:30 a.m.
18:38:08 >>CHARLIE MIRANDA: Move to open item number 13.
18:38:10 >> Second.
18:38:11 (Motion carried).
18:38:12 >>GWEN MILLER: Number 12.
18:38:15 >> You did a great job.
18:38:16 First one for three.
18:38:27 >>> Jill Kersey, land development coordination.
18:38:31 We have petition Z 07-73 located at 2708 west Azeele
18:38:39 from multifamily to PD planned development with
18:38:43 office, professional and medical uses.
18:38:45 The petitioner proposes to rezone the property in
18:38:48 order to vest its existing use.
18:38:50 The 10,000 square foot site is located within an area

18:38:54 of Tampa that has transitioned almost completely from
18:38:57 office residential to office uses.
18:38:58 The site contains an existing 3,000 square foot
18:39:00 structure that will remain as part of the PD.
18:39:03 As the building is regular in shape the PD request the
18:39:08 for symmetrical appearance.
18:39:11 In the north, 20 feet, south 10 feet, east and west,
18:39:15 15 feet.
18:39:16 The maximum building height is 35 feet, and the
18:39:20 purpose of this rezoning is to vest the existing use
18:39:23 of the property in its current configuration, a total
18:39:26 of 18 parking spaces are required and 16 spaces are
18:39:30 provided.
18:39:30 Therefore a waiver forfeit deficit parking spaces have
18:39:32 been requested.
18:39:37 Azeele is run ago long the north, Horatio to the
18:39:49 south, running along the eastern portion of the site.
18:39:59 Here is an area.
18:40:05 Almost everything along Azeele in this area has --
18:40:16 with a picture of the site.
18:40:18 And another one.
18:40:19 This is on the southern portion of the site.

18:40:29 Locate to the west of the site.
18:40:32 And the residential units.
18:40:39 City staff has found the request to be inconsistent
18:40:56 with our regulation.
18:40:57 The site must conform with stormwater and ADA
18:41:00 regulation.
18:41:01 City Council cannot waive the ADA regulation.
18:41:05 They need to be adhered to.
18:41:07 The proposed sidewalks along west Arrawanna Avenue and
18:41:14 the concrete.
18:41:15 Affected palms will need to be relocated on the site.
18:41:19 Stormwater requests that notes be place on the plan,
18:41:23 one saying to provide retention for half inch rainfall
18:41:26 over entire site with positive outfall to the
18:41:28 right-of-way, and provide a pipe connection to the
18:41:32 west at Azeele and Habana.
18:41:38 I would also request that the petitioner -- I met with
18:41:41 him earlier and he has agreed to just -- the site the
18:41:44 way it is is proper, but the site plan is injuries --
18:41:50 he just needs to move the parking spaces over to the
18:41:53 east.
18:41:54 A little bit.

18:41:57 Once that's done we'll find it consistent.
18:41:59 Thank you.
18:42:05 >>CHAIRMAN: Planning Commission staff.
18:42:11 >>CHARLIE MIRANDA: Mr. Garcia.
18:42:14 >>TONY GARCIA: Planning Commission staff.
18:42:15 I have been sworn.
18:42:20 The predominant land use category for this area is
18:42:22 residential 20.
18:42:24 This is residential 35 directly to the west of the
18:42:27 site.
18:42:29 The site is located several blocks to the east of
18:42:32 MacDill Avenue, several blocks north of swan,
18:42:36 several blocks south of Kennedy Boulevard, and several
18:42:38 blocks to the west of Armenia.
18:42:48 Higher density residential uses, also a variety of
18:42:50 professional office uses.
18:42:54 The existing site does serve as professional office
18:42:56 use.
18:42:56 And I think this is -- you have already seen this, the
18:43:03 reason for coming in and vesting.
18:43:09 Let me show you an overview of the area and
18:43:11 representation, of course the higher density

18:43:15 residential.
18:43:17 Planning Commission staff found the proposal
18:43:21 consistent with the comprehensive plan.
18:43:23 >>GWEN MILLER: Petitioner?
18:43:27 >>STEVE MICHELINI: Here on behalf of the Mezrah family
18:43:31 who owns this property.
18:43:32 Jill explained to you briefly our issue regarding the
18:43:36 sidewalk on the east side of the property.
18:43:42 The staff is asking that we put the sidewalk on the
18:43:46 property line.
18:43:48 The property line actually is where the palm trees
18:43:50 are.
18:43:50 So we wanted to put the sidewalk slightly eastward of
18:43:55 the palm tree so we didn't have to dig them up and
18:43:57 relocate them.
18:44:03 The other issue, there's a wooden fence behind the
18:44:15 alley and the apartment complex.
18:44:17 The buffer waivers that are being requested in there
18:44:19 would be along this area here, if you installed the
18:44:24 buffers in that driveway that's been there for
18:44:26 probably 30 or 40 years would not function anymore.
18:44:29 So the waivers that are being requested there relate

18:44:32 to that area only.
18:44:34 I think you can see from the other pictures, it's very
18:44:38 heavily landscaped.
18:44:40 It's a very attractive treatment of the property, and
18:44:43 it's relatively low intensive in this use.
18:44:46 So we are respectfully requesting that you approve
18:44:48 this.
18:44:49 And we know that we have to realign the driveways to
18:44:52 make the ADA space connect to the walkway correctly,
18:44:58 but with that we respectfully request your approval.
18:45:00 >>GWEN MILLER: Is there anyone in the public that
18:45:01 wants to speak on item 12?
18:45:04 Need to close.
18:45:06 >>CHARLIE MIRANDA: Move to close.
18:45:07 >> Second.
18:45:07 (Motion carried)
18:45:18 >>CHARLIE MIRANDA: Before I move this ordinance, I
18:45:20 want the petitioner to agree to what the city said
18:45:23 about moving the bases to the east and the sidewalk to
18:45:28 whatever even though it's a private property.
18:45:30 I don't like that but I will go for it.
18:45:33 >>STEVE MICHELINI: It would be in the right-of-way as

18:45:35 opposed to being --
18:45:37 >> Okay, that's way like to hear.
18:45:38 >>> We can move it furthest ward in order to avoid
18:45:42 relocating the trees.
18:45:43 >> I move an ordinance rezoning property in the
18:45:44 general vicinity of 2708 west Azeele street in the
18:45:47 city of Tampa, Florida and more particularly described
18:45:49 in section 1 from zoning district classifications
18:45:52 RM-16 residential multifamily to PD planned
18:45:55 development, office, professional and medical,
18:45:57 providing an effective date.
18:45:57 >> We have a motion and second.
18:46:00 (Motion carried).
18:46:00 >>THE CLERK: Motion carried unanimously.
18:46:05 Second reading and adoption will be on November
18:46:07 1st, 2007, at 9:30 a.m.
18:46:09 >>GWEN MILLER: Need to open number 15.
18:46:11 >> Move the item.
18:46:12 >> Second.
18:46:13 (Motion carried)
18:46:19 >>> Jill Kersey, Land Development Coordination.
18:46:39 I have been sworn.

18:46:39 We are here for petition Z 07-75 locate at 3508 west
18:46:45 Wyoming Avenue.
18:46:46 This petition is going from RS-50 residential single
18:46:50 family to PD planned development with residential
18:46:52 single family use.
18:46:54 No waivers have been requested for this rezoning
18:46:56 petition.
18:46:57 The petitioner proposes to rezone the property to
18:47:00 develop the site with a single-family residential
18:47:03 dwelling unit on an undersized lot.
18:47:06 The 4,549-square foot site is located within a
18:47:11 residential neighborhood composed of both single
18:47:13 family, detached, single family attached and
18:47:17 multifamily dwelling units.
18:47:18 Property has a width of 46.02 feet, approximately 4
18:47:23 linear feet than the required 50 feet width within the
18:47:28 RS-50 zoning district.
18:47:29 The PD setbacks are: The north is 20 feet, south 20
18:47:33 feet, east 7 feet, and west 7 feet, which is
18:47:36 consistent with the RS-50 standards, a maximum height
18:47:40 of 35-foot has been proposed, a total of two parking
18:47:43 spaces are required and two parking spaces are

18:47:45 provided.
18:47:59 This site is located in South Tampa, with Himes to the
18:48:05 west, Sherwood to the east, Wisconsin to the south,
18:48:08 Wyoming to the north.
18:48:10 Here is an aerial of the site.
18:48:22 This is a picture of the site.
18:48:28 Located to the north directly across the street.
18:48:43 Multi-unit to the east of the site.
18:48:45 And located directly to the west.
18:48:55 City staff finds this request inconsistent.
18:48:59 There is a total of one tree that is required.
18:49:03 It just needs to be added to the plan.
18:49:05 And they need to place a note on the plan where there
18:49:07 is a proposed grade change adjacent to a tree, either
18:49:11 a tree wall or retaining wall will be utilized in
18:49:13 accordance with section 13-164, 6 and 7.
18:49:19 This will make it consistent.
18:49:20 Thank you.
18:49:32 >>TONY GARCIA: Planning Commission staff.
18:49:33 I have been sworn in.
18:49:36 The predominant land use category for the area is
18:49:38 residential 10, the character of the area is

18:49:40 predominantly residential.
18:49:42 There are a mixture of different types of residential
18:49:45 properties in the area as one can see by the aerial.
18:49:52 Higher density units east of the site.
18:49:55 A higher density project to the northwest of the site.
18:49:58 Proposed site directly to the north of it.
18:50:02 And Sharamonte is to the west of the site.
18:50:13 Planning Commission staff has no issues with the site
18:50:19 plan, finds the proposed request consistent with the
18:50:21 comprehensive plan.
18:50:22 >>GWEN MILLER: Petitioner?
18:50:25 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.
18:50:38 I have been sworn.
18:50:39 I represent Betsy wicker and her company, basics,
18:50:45 which is developing this -- Basikes which is
18:50:48 developing this site.
18:50:50 I have represented Betsy for many years.
18:50:52 And if you look at the plat that Jill showed you, we
18:50:57 did a rezoning several years ago of a townhouse
18:51:01 community that Betsy owned, and this is a remainder
18:51:04 lot that's 46 feet wide and an RS-50 district.
18:51:08 Only reason for the rezoning is to approve that

18:51:13 frontage, we are in compliance with the comprehensive
18:51:17 plan.
18:51:17 Right down the street from them, elementary school,
18:51:21 sidewalks, it's a remarkable site, and she wants to
18:51:23 build a home there.
18:51:24 Her sister lives behind there.
18:51:26 I received one telephone call from the notification I
18:51:29 provided.
18:51:30 That was from the Leila Avenue town homes which are to
18:51:35 the north, and east, next door to the TECO substation.
18:51:41 Their president was in support of the application.
18:51:43 I agree with the two required conditions that Jill
18:51:47 recited to you.
18:51:49 We will put those on.
18:51:52 On resubmittal for first reading or second reading.
18:51:55 I have nothing further to add, and respectfully
18:51:57 request your approval this evening.
18:51:58 >>GWEN MILLER: Is there anyone in the public that
18:51:59 wants to speak on item 15?
18:52:02 >> So this meets all the qualifications of 13, 164, 6
18:52:07 and 7?
18:52:08 >> Yes, it will.

18:52:09 Verbatim.
18:52:14 >>> Al Steenson, 4100 W. Leila Avenue, Tampa, Florida,
18:52:18 president of the Gandy civic association.
18:52:20 Good evening all.
18:52:24 There was a little mixup on the noticing, and I talked
18:52:28 to Mr. Grandoff.
18:52:31 The people did attempt to notify us, but they
18:52:35 attempted it but it didn't get effected and we don't
18:52:38 have an issue with you that.
18:52:40 And we don't have an issue with the single-family
18:52:42 home.
18:52:44 Mr. Dingfelder, you were at one of our meetings and
18:52:46 one of the things that everybody put their hands up
18:52:48 and said, what do you want down there?
18:52:50 Single-family homes.
18:52:51 So the association has no objections to putting in
18:52:54 this single-family home.
18:52:55 Thank you.
18:52:56 >>GWEN MILLER: Would anyone else like to speak?
18:52:58 Need to close.
18:52:58 >> Second.
18:52:59 >> Move to close.

18:53:03 (Motion carried)
18:53:09 >>THOMAS SCOTT: An ordinance rezoning property in the
18:53:11 general vicinity of 3508 -- west Wyoming Avenue from
18:53:19 RS-50 residential single family to PD planned
18:53:22 development residential single family providing an
18:53:24 effective date.
18:53:24 >>GWEN MILLER: I have a motion and second.
18:53:25 >>JOHN DINGFELDER: This would be with the conditions
18:53:29 added?
18:53:30 >>GWEN MILLER: Yes.
18:53:31 He said he agreed with it.
18:53:32 (Motion carried).
18:53:34 >>> Before I go I would like to introduce Betsy
18:53:46 Wiggins.
18:53:48 >>GWEN MILLER: You made it just in time.
18:53:49 >>THE CLERK: Motion carried unanimously.
18:53:51 Second reading and adoption will be on November
18:53:53 1st, 2007 at 9:30 a.m.
18:53:56 >>CHAIRMAN: We need to open item 17.
18:53:57 >> So moved.
18:53:58 >> Second.
18:53:59 (Motion carried)

18:54:16 >>> Jill Kersey, Land Development Coordination.
18:54:19 I have been sworn.
18:54:20 We are here for Z 07-76 locate at 6207, 6209 and 6211
18:54:27 South Dale Mabry Highway.
18:54:28 Going from a PD planned development with single-family
18:54:32 attached to CG commercial general.
18:54:35 This site was previously approved for the PD with town
18:54:38 homes, and it wants to revert back to the Euclidean
18:54:42 zoning.
18:54:43 The petitioner proposes to rezone the property to
18:54:46 restore the original zoning and allow for uses on the
18:54:49 site.
18:54:49 Approved PD has a use of single family attached
18:54:52 townhouse style residential unit.
18:54:54 The PD has not been constructed.
18:54:56 The CG zoning requires a minimum of 10,000 square feet
18:55:00 and the site contains approximately 32,240 square
18:55:04 feet.
18:55:05 The development must adhere to all City of Tampa land
18:55:09 development regulations at the time of permitting.
18:55:19 You will notice all up and down the Dale Mabry
18:55:28 corridor its completely CG.

18:55:33 Here is an aerial of the site.
18:55:38 Himes to the east.
18:55:41 This is a picture of the site.
18:55:47 (Bell sounds).
18:55:47 >>CHAIRMAN: That's it.
18:55:48 [ Laughter ]
18:55:50 >>> This is a mobile home community located directly
18:56:00 east of the site.
18:56:04 Going further north on the east side.
18:56:08 And then just west of that.
18:56:11 Directly north of the site, a real estate agency.
18:56:19 Then directly south of the site, we have the
18:56:24 MacDill motel.
18:56:25 And then out the west side of the site abutting on the
18:56:31 rear, a few single-family detached residential units.
18:56:42 >>JOHN DINGFELDER: I have a question, if I could,
18:56:44 Madam Chair.
18:56:45 Going back to your zoning map, I remember when we
18:56:55 rezoned this PD, there's a little sliver that goes out
18:56:59 toward treasure, and I don't remember if that little
18:57:03 sliver went to PD, or not.
18:57:09 If it went to PD, and now the question I have is, if

18:57:13 it's PD, is it going to go back?
18:57:16 Is it going to go to CG or is it going to revert to
18:57:19 residential?
18:57:23 And the developer probably can help us on that when we
18:57:25 get to it.
18:57:28 Do you remember any of that?
18:57:29 >>> No, I don't.
18:57:31 However, the sliver between 17 and 18, that's not
18:57:35 showing as part of the PD in our zoning map here.
18:57:37 >>JOHN DINGFELDER: I just need to know what's going to
18:57:40 happen to that sliver because that sliver actually has
18:57:42 come up a few times during the PD discussion.
18:57:47 >>> City staff finds this request consistent with our
18:57:49 regulation.
18:58:00 >>TONY GARCIA: Planning Commission staff.
18:58:01 I have been sworn in.
18:58:03 Mr. Dingfelder, you are correct.
18:58:05 Good memory.
18:58:09 South of Gandy Boulevard and just north of Interbay,
18:58:18 on the west side of Dale Mabry, one of our main
18:58:20 arterial roads.
18:58:24 This was done in 2005 it was approved for 16 town

18:58:27 homes.
18:58:28 This is the subject parcel in question you're talking
18:58:30 about.
18:58:36 It will remain on its own as a little tiny PD so if
18:58:40 they want to come in and do anything they will have to
18:58:42 rezone it for like a single family under the R-10
18:58:48 requirements because it is under the R-10 so it will
18:58:51 be separate from this Euclidean request which is
18:58:53 originally what the site was.
18:58:55 It's reverting back I guess basically because of the
18:58:59 conditions the applicant is intending to do with the
18:59:01 site.
18:59:02 Basically that's reflective of everything else on this
18:59:04 particular segment of Dale Mabry, low density office,
18:59:07 general commercial retail serving uses, Planning
18:59:09 Commission staff found the proposed request consistent
18:59:12 with the comprehensive plan.
18:59:13 >>GWEN MILLER: Petitioner?
18:59:20 >>> Jim Porter, Ruden McCluskey, Tampa, representing
18:59:26 applicant.
18:59:26 As staff said we are intending to develop the property
18:59:30 with fairly small commercial office development,

18:59:33 two-story office building.
18:59:35 Mr. Dingfelder, the parcel that you mentioned will
18:59:38 remain residential as far as the request, and it's not
18:59:42 intended to be reverted to commercial.
18:59:45 As staff described, council rezoned the property in
18:59:49 2005 for town homes.
18:59:50 That hasn't worked out, and they were requesting that
18:59:52 the original zoning which is CG be placed back on the
18:59:56 property.
18:59:56 It's consistent with the comprehensive plan CMU 35 and
19:00:00 the entire corridor along Dale Mabry, CG.
19:00:04 To show you attentive rendering of what the property
19:00:07 is going to look like.
19:00:08 It's intended to be a two-story office building.
19:00:23 I have talked to Mr. Steenson about the project and he
19:00:26 is here to speak to you as well, and we would be
19:00:29 happen to answer any questions but we respectfully
19:00:33 seek your approval.
19:00:34 >>GWEN MILLER: Is there anyone else to speak on item
19:00:37 17?
19:00:41 >>> Al Steenson, 4100 west Leila Avenue, Tampa,
19:00:45 Florida, president of the Gandy civic association.

19:00:48 This petition, as well as the previous one, the
19:00:54 association never became an agenda item, simply
19:00:59 because we were not notified.
19:01:03 Now, I checked the background data, and the petitioner
19:01:06 did in fact attempt notification, but the address that
19:01:10 he used to send it to us was one that we haven't used
19:01:13 in five years.
19:01:14 So I'm not going to make a big issue of that, but I
19:01:17 would like to -- I don't know whether that shows up or
19:01:21 not.
19:01:22 But I would ask that the petitioners and land
19:01:28 development be a little bit more as substitute as to
19:01:31 how they instruct their petitioners on who to notify,
19:01:35 and it's very clearly shows you -- let me bring it
19:01:39 down a little bit.
19:01:41 It very clearly shows you to I am, what my address is,
19:01:44 my e-mail address and my phone number and everything
19:01:47 else.
19:01:47 So we don't have any objection to be that.
19:01:49 Now, we do have a problem with some of the folks on
19:01:53 treasure circle.
19:01:54 Prior to the demolition. Previous buildings, they had

19:02:00 a very severe problem with flooding, and they had a
19:02:03 very severe problem with raw sewage, coming into their
19:02:07 backyard.
19:02:08 I'm only going to show you one picture because a
19:02:11 picture is worth a thousand words.
19:02:12 And all these people on treasure circle want is some
19:02:15 assurance from the petitioner and the city, this is
19:02:20 like this.
19:02:24 This is the backyard of Mr. and Ms. Kemp.
19:02:27 They were going to be down here tonight.
19:02:29 They called me a few moments 'n ago and said they
19:02:32 would be unable to be here and asked me to speak for
19:02:34 them.
19:02:34 They are members of the association.
19:02:37 These are the things that they don't want to happen.
19:02:39 They said they want to make sure that the elevation
19:02:41 and the drainage, stormwater drainage on this
19:02:44 particular project, is such that this, what you are
19:02:49 seeing on the screen now, does not happen again.
19:02:52 These folks do not have an objection to the commercial
19:02:57 going in there.
19:02:59 They want a guarantee that this issue is not going to

19:03:02 happen again.
19:03:03 So with that I'll close.
19:03:07 But I would like to enter that photo.
19:03:10 And I think all of you council members did get an
19:03:13 e-mail that I forwarded from the Kemps and I also
19:03:21 forwarded tout, and someone that -- Mr. Miranda, sent
19:03:33 on to Cindy Miller regarding this same issue so I
19:03:37 would ask that it be received and filed.
19:03:38 >> And did you want the photo as well in the record?
19:03:43 >>> Yes, I have a copy of the photo as well.
19:03:49 >>GWEN MILLER: Would anyone else like to speak?
19:04:04 >> My name is Jim muggy.
19:04:07 I am the opposite neighbor to David Kemp on treasure
19:04:10 circle and have in essence the same problems as far as
19:04:16 wanting to ensure that continued trouble with that
19:04:20 property and the sliver which has already been
19:04:25 discussed being residential, that it not be a problem.
19:04:29 And I arrived late, I haven't been sworn in.
19:04:34 >>CHAIRMAN: Raise your right hand.
19:04:36 (Oath administered by Clerk)
19:04:39 I do.
19:04:40 The only problem I have is, since this property had

19:04:45 been sold, not to the current owner but the
19:04:48 previous -- no, the previous owner had problems with
19:04:56 the property and was condemned eventually and had to
19:04:58 be torn down, and those problems expanded as nothing
19:05:05 was done to correct any of them.
19:05:07 The property was sold, and I don't know why, but the
19:05:13 new owner did not restrict the previous owner from
19:05:16 continuing to use the property as just a waste in the
19:05:23 dump site. This went on for more than a year.
19:05:26 And eventually, because of all of the code violations
19:05:31 and the calls that were made and the visits that were
19:05:34 conducted, there was corrective action taken, and the
19:05:39 original, what we call browns motel was the original
19:05:43 buildings on the property, that was condemned and torn
19:05:46 down.
19:05:48 When it was torn down, for whatever reason, the
19:05:52 company that did the demolition, and the subsequent
19:05:55 clean-up of the site, didn't do a complete job.
19:05:59 All of a sudden they were gone, and there's still what
19:06:04 I would call hazardous waste left because there's
19:06:09 multiple plastic buckets.
19:06:10 I haven't gone to inspect them physically, but they

19:06:14 are old used buckets of paint just left on the site,
19:06:17 wasn't cleaned up, and this is on both orders of the
19:06:22 residential sliver, which is behind the site, and
19:06:26 these things, although should have been addressed, and
19:06:30 I know it had to be mentioned, nothing has been done.
19:06:35 And since the previous owner or the new owner has
19:06:41 finally demolished the old building more than two
19:06:43 years ago, possibly in two years, the property must be
19:06:50 cleaned up, and by cleaned up I only mean cut the
19:06:53 grass twice in two years.
19:06:56 It's been cut now, but doesn't look real good.
19:07:00 I don't know if there's been any more code violation
19:07:03 calls done recently.
19:07:04 But these are the kind of things that I just want to
19:07:06 ensure develop the property.
19:07:10 But even if it takes a short time or a long time to
19:07:14 develop the property, go ahead and take care of it in
19:07:17 the interim, because if they don't, how can we assure
19:07:21 or even think that they are gonna take care of it
19:07:24 during the construction in the next use?
19:07:28 That's all I have.
19:07:29 >>GWEN MILLER: Would anyone else like to speak?

19:07:32 Mr. Dingfelder?
19:07:32 >>JOHN DINGFELDER: Mr. Porter, couple and tell us your
19:07:39 client might be doing a better job in the future.
19:07:41 >>I understand.
19:07:41 I would like to say the photograph I took today of the
19:07:44 site, we are not aware of any code violations.
19:07:46 Right before we bought the property there was a sewage
19:07:48 line that broke that would explain some of that.
19:07:52 Since he bought the property he tried to clean it up.
19:07:57 >> And did he buy it?
19:08:03 >>GWEN MILLER: He's talking to the petitioner, Mr.
19:08:07 Porter.
19:08:08 >> He says about a year ago.
19:08:09 This is the property.
19:08:10 The grass is cut.
19:08:15 We certainly understand that the neighbors aren't
19:08:18 happy about it.
19:08:22 Mr. Steenson's concern was about the flooding, one of
19:08:25 the conditions that your staff found is that the
19:08:28 development, when it's permitted, has to comply with
19:08:31 current standards which will ensure that flooding
19:08:33 situations won't happen again.

19:08:36 I went to the site today and I wasn't aware of any out
19:08:39 standing problems with the property.
19:08:42 He wants to develop it and have a nice development
19:08:44 there.
19:08:44 So I think in the future, the property will be taken
19:08:48 care of, and we would be happy to continue to meet
19:08:50 with them, Mr. Steenson and the other neighbors.
19:08:52 >> Maybe your client can give them his phone number,
19:08:56 and that way he can call them directly.
19:08:59 >> Sure.
19:09:02 I'm sure council is aware of the area, and the
19:09:05 development will improve the area, and I think it will
19:09:09 be good for the neighborhood ultimately, and because
19:09:11 it's going to be developed to today's standard, the
19:09:16 issue of stormwater will be addressed if it wasn't
19:09:19 properly addressed in the past.
19:09:20 Council will recall there was a hotel on the site
19:09:23 which is the subject of a lot of code enforcement
19:09:26 problems and criminal problems.
19:09:27 That's gone now.
19:09:28 >>JOHN DINGFELDER: I have a question for Ms. Coyle
19:09:32 real quick.

19:09:36 Cathy, it's kind of strange for a little vestige of a
19:09:40 PD to be left behind like that.
19:09:44 It was on that PD and I don't think there are any
19:09:46 actual units on that PD.
19:09:48 I think the PD might have shown some drainage or some
19:09:51 stormwater problem or something on there, on the
19:09:54 original PD.
19:09:54 But, anyway, what happened to that PD?
19:10:00 >>CATHERINE COYLE: Land development.
19:10:01 Ultimately it's a leftover piece of an old PD, and if
19:10:04 anyone wanted to do anything with it, and as we
19:10:07 recall, my conversation with Tony Garcia was that it
19:10:09 was drainage or similar landscaping, but if someone
19:10:12 wanted to come in and buy it and develop it, it would
19:10:14 trying area new PD request essentially to place a unit
19:10:17 on that property.
19:10:18 >> But no development rights left over whatsoever?
19:10:21 >> The land use on it, I believe, is R-10 which would
19:10:24 only allow one single family unit potentially on that
19:10:27 property anyway.
19:10:28 >> Thank you.
19:10:29 >>GWEN MILLER: We need to close the public hearing.

19:10:31 >> So moved.
19:10:32 >> Second.
19:10:32 (Motion carried)
19:10:36 >>MARY MULHERN: Move to adopt an ordinance rezoning
19:10:43 property in the general vicinity of 6207, 6209 and
19:10:47 6211 South Dale Mabry Highway in the city of Tampa,
19:10:50 Florida and more particularly described in section 1
19:10:53 from zoning district classification PD, planned
19:10:56 development, single-family attached to CD commercial
19:11:00 general providing an effective date.
19:11:04 >>CHAIRMAN: I have a motion and second.
19:11:05 (Motion carried).
19:11:08 >>THE CLERK: Motion carried unanimously, second
19:11:10 reading and adoption will be on November 1st, 2007
19:11:13 at 9:30 a.m.
19:11:14 >>GWEN MILLER: We need to receive and file.
19:11:18 >> So mover all the items that are to be received and
19:11:22 filed.
19:11:22 >> Second.
19:11:23 (Motion carried).
19:11:23 >>GWEN MILLER: Mr. Dingfelder?
19:11:26 >>JOHN DINGFELDER: I have been asked to make a

19:11:28 commendation next week on October 18th.
19:11:31 Are we full up on commendations for that day?
19:11:34 I know we placed a limit on ourselves.
19:11:36 What was the limit?
19:11:38 >> Two.
19:11:38 >> Do we have two for next week?
19:11:50 >>THE CLERK: Just one for police Officer of the Month.
19:11:52 >> I'll make it short next week.
19:11:54 I would like to make a commendation to the SWFWMD and
19:11:57 the river basin board in recognition that Hillsborough
19:12:00 River watershed awareness we can week is October
19:12:03 20-27.
19:12:04 I think it's a good idea for people to be reminded of
19:12:07 the importance of the river and the importance of
19:12:09 those agencies.
19:12:10 69 motion and second.
19:12:10 (Motion carried).
19:12:11 >>GWEN MILLER: I have one.
19:12:16 It has been disturbing to me.
19:12:19 A couple of weeks ago we made an appointment to the
19:12:21 Planning Commission, and I know you all have got ten
19:12:24 e-mail back, saying -- I understood clearly what the

19:12:30 person said.
19:12:31 Person said that he would resign from the Hartline
19:12:35 board if we appoint him to the Planning Commission.
19:12:38 Reverend Scott knows.
19:12:40 I let him read the notice.
19:12:42 And I don't think it's fair.
19:12:46 He's a volunteer for Ybor.
19:12:50 His integrity should stick to what he said.
19:12:52 If he told me E going to resign to this board.
19:12:56 Now he's going to change.
19:12:57 And I don't think it's fair.
19:12:58 And we need to find out what we can do, because if a
19:13:02 person has that kind of integrity in saying that I
19:13:05 didn't understand what he said, I don't agree with
19:13:07 that.
19:13:08 We need to stick to what he said.
19:13:11 Mr. Miranda?
19:13:12 >>CHARLIE MIRANDA: Thank you.
19:13:12 I always believe my leaders.
19:13:15 But I have asked the legal department and our legal
19:13:20 counsel to review what this council has done.
19:13:25 And I certainly can't speak for them, but I will ask

19:13:29 Marty Shelby in a second to reiterate what we
19:13:33 discussed, and also that I would like to ask this
19:13:36 council to consider changing the application forms
19:13:42 that we use on some of these boards working along with
19:13:44 the clerk's office and Mr. Shelby and whoever the
19:13:48 chair would like to present this to, to make these
19:13:55 applications process for removal for cause, consistent
19:13:58 among other boards that we have, jurisdiction over.
19:14:02 The application, I'd like to have it more like what
19:14:06 the City Council and work with Mr. Shelby on, which is
19:14:11 the appointment of City Council members, a lot more
19:14:13 detail, maybe not 100% like this, but certainly to add
19:14:16 more teeth into this thing.
19:14:18 We don't have that.
19:14:20 I can only say this.
19:14:22 I did discuss the process by which we have confirming,
19:14:30 and the week after.
19:14:31 That's all gone.
19:14:33 That's passed.
19:14:34 And I'll let Mr. Shelby speak to that.
19:14:36 I didn't consider this, and spoke to another attorney
19:14:39 in the city, and we concurred what Mr. Shelby said is

19:14:44 correct.
19:14:48 >>MARTIN SHELBY: Yes, council.
19:14:56 Several issues.
19:14:57 Number one is to reaffirm that what you did when this
19:15:01 issue came up was merely to memorialize something that
19:15:04 took place several weeks before, which is when it went
19:15:08 to the actual ballot.
19:15:09 Consistent consistently and historically this has been
19:15:12 a problem when you come back with a resolution in
19:15:14 writing several weeks later.
19:15:15 In consultation with the legal department we are going
19:15:17 to have the resolutions in writing, if we have to hand
19:15:21 write them or boilerplate and printed up, you will
19:15:23 have a written resolution the day you took the vote so
19:15:27 you will never be in a position of having to
19:15:30 memorialize weeks or, in past experience, almost maybe
19:15:34 months later.
19:15:34 So in regard to that, that issue should clear itself
19:15:37 up.
19:15:38 If council wishes me to work with the clerk to perhaps
19:15:41 strengthen the questionnaire, more in line with what
19:15:47 council did when they reviewed the replacement for the

19:15:54 departing council members I would do that.
19:15:56 Also, I have had an opportunity to talk with Mr.
19:16:00 Territo in the legal department and look at the
19:16:02 jurisdiction over which you can and cannot remove
19:16:04 people.
19:16:08 In this situation, council, it is clear that council
19:16:10 does not have the jurisdiction to do that.
19:16:12 Council does have jurisdiction over his own board.
19:16:16 Mind you, the Planning Commission was created by
19:16:18 special act of the legislature and is governed by
19:16:20 Florida statute.
19:16:22 If council wishes to have a consistent policy for
19:16:26 removals for cause, if council so wishes, I would be
19:16:29 happy to address that and draft that material.
19:16:32 >>CHARLIE MIRANDA: If I may continue, Madam Chair.
19:16:35 I'm not trying to put the burden on you.
19:16:37 But I believe you're the one that has the most
19:16:39 knowledge of this because it came through your office.
19:16:42 So I would ask you if you would be so kind to
19:16:48 consider, again just to consider, making a reference
19:16:51 to this individual, to see for clarity purposes if
19:16:56 that individual would be willing to submit a

19:17:00 resignation on one of the two boards.
19:17:03 I think that would only be the fairest thing to do at
19:17:05 this time.
19:17:07 I'm not casting aspirations against this individual or
19:17:10 against ourselves, but to determine at what point --
19:17:15 and I think we learned a valuable lesson.
19:17:18 It must be in writing to this council.
19:17:22 Because, if not, he said, she said, and I'm not
19:17:25 talking about --
19:17:26 >>GWEN MILLER: I know, I know.
19:17:28 >> But we learned a lesson.
19:17:31 I think sometimes there's an old saying in Spanish.
19:17:34 (Speaking Spanish).
19:17:35 Which means translated, Ms. Mulhern, which means that
19:17:39 not for something wrong, that something good doesn't
19:17:42 come out of.
19:17:43 So it's a philosophy in that way. That means that we
19:17:46 learned a lesson and now we can correct that and go
19:17:49 march forward and getting an understanding of how we
19:17:52 correct these things in the future so they won't
19:17:54 happen again.
19:17:54 So with that, I wish that would you take that and make

19:17:58 those contacts and make sure that you inform us as
19:18:02 soon as possible.
19:18:03 >>GWEN MILLER: Right.
19:18:03 Because I'm a person, you tell me something, I take
19:18:08 your word for it.
19:18:09 And I believe that the person told me.
19:18:12 So that is why I related to the council saying that
19:18:14 the person said that he would resign, but then come
19:18:19 back and throat on me, that I understand what he said,
19:18:21 and I knew he understood we said.
19:18:24 And I was listening correctly.
19:18:29 My feelings of how I feel about it.
19:18:35 >> Sure, I understand.
19:18:37 We don't have it written anywhere about removing
19:18:41 someone that we have appointed.
19:18:44 >> Some boards have bases for -- and I learned all
19:18:47 this as the discussions arise -- for instance,
19:18:55 attendance is a basis.
19:18:57 But, for instance, a lot of these boards serve at the
19:19:02 pleasure of the council.
19:19:03 And as councilman Miranda stated, at the CRA this
19:19:08 morning which I heard, if there are bases for cause

19:19:11 that council wishes to take action, there's presently
19:19:14 no process for removal of somebody on the board.
19:19:17 >>MARY MULHERN: Okay.
19:19:18 But my question, they do serve at our pleasure.
19:19:21 What does that mean?
19:19:22 That doesn't mean that the chair is not pleased.
19:19:27 >>MARTIN SHELBY: And I don't have the answer because I
19:19:31 haven't done the research with every one of the city
19:19:33 boards.
19:19:33 But with certain boards, for instance, the civil
19:19:38 service board, I believe, is governed by Florida
19:19:40 statute.
19:19:42 The Hillsborough, Tampa-city-county planning is
19:19:48 governed by Florida statute.
19:19:49 So it depends on which over those boards of which the
19:19:52 council has jurisdiction.
19:19:53 For instance, the Variance Review Board, the
19:19:55 architectural review board, Barrio Latino, et cetera,
19:19:59 that there is --
19:20:02 >> Who does have jurisdiction?
19:20:04 The Planning Commission itself?
19:20:05 >> You mean on that particular issue?

19:20:11 >>JOHN DINGFELDER: It would be the governor sometimes
19:20:13 that there's for-cause reason.
19:20:15 >> And of course, and I know this to be true, the
19:20:17 Planning Commission also has their own code of ethics,
19:20:20 and their own rules of procedure that may govern the
19:20:24 conduct of their members.
19:20:26 Internally.
19:20:27 But I can't speak to specifics of that tonight.
19:20:35 That's enough.
19:20:37 >>THOMAS SCOTT: My concern is, I remember having
19:20:43 discussion about him serving on two board and said he
19:20:47 couldn't do it.
19:20:48 >>MARTIN SHELBY: Yes.
19:20:49 And Mr. Territo not being here to address that, I
19:20:53 don't want to put words in his mouth.
19:20:55 But there is -- there are two provisions.
19:20:59 Obviously, this is -- there are very few exceptions to
19:21:02 the Constitutional prohibition against dual office
19:21:06 holdings.
19:21:06 Florida supreme court in the 1990s made an advisory
19:21:10 opinion on behalf of the question of Governor Chiles
19:21:13 with regard, I believe it was, special district of

19:21:16 community colleges, and they said because it's with a
19:21:20 special district, the strict language of the
19:21:23 Constitution, the kind of people who are -- the kinds
19:21:26 of officers that are barred from office holding, that
19:21:31 wasn't included.
19:21:32 And then there's also the issue, attorney general
19:21:35 opinions, I believe, I don't have them here, but they
19:21:38 said that because a board such as the Planning
19:21:40 Commission acted strictly as an advisory position, an
19:21:44 advisory capacity, they, too, are exempted from the
19:21:49 dual office holding position.
19:21:50 So there are actually two bases.
19:21:56 >>THOMAS SCOTT: But as I recall, and I stand
19:21:59 corrected, but as I recall, making the appointment
19:22:03 contingent on the fact he would resign from the other
19:22:05 board, as I recall.
19:22:12 And I stand to be corrected but we need to go back and
19:22:15 look at the minutes.
19:22:16 Tanned motion was made that was based contingent upon,
19:22:20 as I understand --
19:22:24 >>MARTIN SHELBY: And I need to make this clear to
19:22:26 council so they understand the position it was put in,

19:22:29 by having a written document come back to merely
19:22:33 memorialize an official action that was taken several
19:22:37 weeks prior.
19:22:38 If council will recall, council took a ballot, by
19:22:43 majority vote, action was taken, there was a vote to
19:22:47 ratify that action, and as of that date, that is when
19:22:51 the appointment was official.
19:22:53 And then once that appointment was made, then merely
19:22:56 coming back at the time with a document was just to
19:23:01 acknowledge something in writing, in case somebody
19:23:03 wanted to see it.
19:23:04 It was -- at the time the issue was raised that
19:23:07 unfortunately council could do nothing other than pass
19:23:10 that resolution.
19:23:11 >>THOMAS SCOTT: Also now, and I'll be quiet, I agree
19:23:15 with the chairman at this point, character and
19:23:20 credibility is very important.
19:23:21 It is my understanding that at that time -- and she's
19:23:25 write, the note, that the person was going to resign
19:23:29 from the Hartline board.
19:23:31 We moved forward.
19:23:32 I understand the memorializing and all of that.

19:23:35 But, again, I question the credibility of this
19:23:41 particular person for any consideration for any future
19:23:44 boards.
19:23:46 >>JOHN DINGFELDER: I just happened to run into Mr.
19:23:52 Giunta last night and we didn't talk about this issue
19:23:55 at all, but I do know him, and I do know his family,
19:23:58 and they are good people, and they have been here for
19:24:00 generations.
19:24:01 And I believed that when he watches this that he will
19:24:05 see that it's the intent of this board that we want
19:24:08 him to serve on one of those two boards.
19:24:12 But we think for a variety of reasons, which I won't
19:24:14 rehash, that it wouldn't be appropriate for him to
19:24:17 serve on both of those.
19:24:18 And I think that that's the will of this council.
19:24:20 We might not -- we might have relinquished the legal
19:24:24 authority to enforce that will.
19:24:26 So be it.
19:24:27 But I think that in your letter, you will make it
19:24:30 strongly felt to he, to Mr. Giunta, that he, you know,
19:24:37 should abide by the wishes of the board, hopefully in
19:24:41 a unanimous vote.

19:24:42 I think you have a motion on the floor in that regard,
19:24:44 right?
19:24:47 And I'll second it.
19:24:48 And I think it should be strong.
19:24:50 And I do believe that he will abide by it.
19:24:52 And there's no malice from this board in that regard.
19:24:55 It's just, you know, it's just that was the position
19:24:59 of this board when we voted.
19:25:00 And he should abide by that.
19:25:05 We have a motion and second.
19:25:06 Mr. Shelby?
19:25:08 >> I think what you said going forward that if we make
19:25:16 a vote, that should be a resolution, right?
19:25:20 >>> Yes.
19:25:20 >> Why can't we just do that all the time?
19:25:23 >>> And there are sometimes when somebody is appointed
19:25:27 to a board, sometimes, especially the -- they would
19:25:32 like to have a memorialization, a piece of paper.
19:25:34 And that's why even though an oral motion by charter
19:25:37 has the effect of a resolution, in order to do a piece
19:25:40 of paper, sometimes it came back several weeks later.
19:25:43 From now on its going to be done at the time.

19:25:47 >> dot it once.
19:25:49 >> Exactly right.
19:25:50 So in that sense --
19:25:56 >> Do we need to make a motion?
19:26:01 >>> We will be bringing to you -- that is our intent
19:26:09 to do for all future appointments.
19:26:12 >> Now, if council wishes us to do this --
19:26:21 >>GWEN MILLER: Let's vote on that.
19:26:23 All in favor of the motion.
19:26:23 (Motion carried).
19:26:24 >>MARTIN SHELBY: If council wishes me to take any
19:26:26 additional action to what Mr. Miranda raised, that
19:26:30 would be fine.
19:26:31 >>CHARLIE MIRANDA: I would ask the chair to address
19:26:35 Mr. Shelby or the clerk to come up with some type of
19:26:40 application to these boards that are more detailed so
19:26:43 we can have much more information of what we are
19:26:45 talking about.
19:26:47 >>CHAIRMAN: I have a motion and second.
19:26:48 (Motion carried).
19:26:49 >>JOHN DINGFELDER: And the second part of the motion,
19:26:52 I think, is something to remove for cause?

19:26:57 >>CHARLIE MIRANDA: Yes, all that's included in that
19:26:58 one motion.
19:26:59 And I would like to broaden that we move for cause
19:27:02 consistent with other boards that we have jurisdiction
19:27:04 over.
19:27:09 >>GWEN MILLER: We have a motion and second.
19:27:11 (Motion carried).
19:27:11 >>MARTIN SHELBY: I'll bring that back as soon as
19:27:14 possible.
19:27:16 >>CHAIRMAN: Any other business to come before council?
19:27:18 >> Move to adjourn.
19:27:20 >>GWEN MILLER: We are adjourned.
19:27:23 >> THOMAS SCOTT: For the record I think it's the best
19:27:25 zoning meeting I have been to in years.
19:27:26 (Meeting adjourned)