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Tampa City Council
Thursday, February 21, 2008
9:00 a.m.

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09:03:19 [Sounding gavel]
09:03:19 >>GWEN MILLER: Tampa City Council is called to order.
09:03:21 Chair will yield to Mr. Charlie Miranda.
09:03:24 >>CHARLIE MIRANDA: I'm honored this morning to have
09:03:28 pastor Latisha Brooks Flowers, the senior assistant
09:03:35 pastor at 56th street in Tampa, Florida.
09:03:38 She's also the founder of the women of wisdom
09:03:42 minorities.09:03:44 She's been featured on various television shows,
09:03:47 especially one on channel 8, and the contribution that

09:03:51 she's made to society and helping others have a better
09:03:54 life perspective.
09:03:56 She's also has a masters in divinity of Christian
09:04:01 counseling and she's pursuing a doctorate in Christian
09:04:04 education.
09:04:05 Let me also say that I'm very proud to say that she's
09:04:08 also an outstanding employee of the city of Tampa,
09:04:11 Florida for almost three years.
09:04:15 And without further ado, she has been traveling
09:04:18 throughout the country, helping people change their
09:04:21 life-style.
09:04:22 And it's an honor to present Latisha Brooks Flowers
09:04:27 for the invocation.
09:04:28 Please stand and remain standing for the pledge of
09:04:31 allegiance.
09:04:31 >> Good morning.
09:04:33 I would ask everyone to bow your head.
09:04:36 Dear heavenly father, we thank you this morning for
09:04:38 how you woke us up this morning with our right mind.
09:04:41 We thank you for keeping us from seen and unseen
09:04:45 danger.
09:04:45 We ask you to invoke your blessings upon this great

09:04:49 city, upon the City Council, ask that you would lead
09:04:51 and guide them.
09:04:53 We pray that your will be done today.
09:04:55 We ask for your blessing, and all these blessings we
09:04:59 pray in the name of Jesus.
09:05:01 Amen.
09:05:03 [ Pledge of Allegiance ]
09:05:19 >>GWEN MILLER: Roll call.
09:05:21 >>CHARLIE MIRANDA: Here.
09:05:24 >>MARY MULHERN: Here.
09:05:25 >>GWEN MILLER: Here.
09:05:26 At this time, Mr. Charlie Miranda will do the Officer
09:05:29 of the Month.
09:05:31 >> Good morning, council.
09:06:01 Chief Hogue came in this morning and found out he had
09:06:04 a calendar overload.
09:06:06 It would be safer for me to be here with you than
09:06:08 across the street, as the person responsible for that
09:06:12 calendar overload.
09:06:13 But he's been with the Tampa Police Department for 12
09:06:28 years, also serves our Armed Forces as an Army reserve
09:06:32 and also serve was the U.S. Marshall's task force.

09:06:35 I want to tell you that last year, he did six months
09:06:38 with the task force out of the Tampa office.
09:06:41 And after those six months we usually bring our
09:06:43 officers back and send another officer over, and they
09:06:46 got with me and asked me if Steve Prebich could stay
09:06:49 with the task force because of the work he did
09:06:51 throughout the State of Florida.
09:06:53 They wanted him to stay and come in on days off and
09:06:57 work for them and they would pay the overtime.
09:06:59 And of course his wife agreed to it.
09:07:06 But we are going to recognize Steve for our Officer of
09:07:08 the Month because of one event but it's just one of
09:07:11 many that I have seen this young man get involved in.
09:07:14 Several weeks ago, I'm sure you saw it on the news, a
09:07:19 very dangerous individual fought with two Hillsborough
09:07:21 County sheriffs deputies, actually stole one of their
09:07:24 cruisers, dragged one of the deputies about 75 feet
09:07:27 trying to get away.
09:07:28 Of course, when something like this happens, all
09:07:34 surrounding agencies because that's one that will
09:07:37 actually fight with a uniformed officer.
09:07:39 Steve heard this BOLO and he made it his mission to

09:07:42 track this guy down.
09:07:46 This individual happened to live in district 2.
09:07:48 Steve went out there, set up surveillance with the
09:07:51 help of his squad.
09:07:52 It was his mission to catch this individual.
09:07:54 He used his contacts at the Marshall's office to start
09:07:57 looking for this individual.
09:07:58 He actually went on his days off and continued
09:08:02 searching for this guy.
09:08:05 Led him up into Pasco County where this individual had
09:08:07 stolen a car.
09:08:08 He visited that dealership, had the manager play the
09:08:11 video for him so he could see this individual, and he
09:08:13 actually tracked this individual down within about
09:08:18 three or four days to Pinellas County, called the
09:08:20 sheriff's office every day he was in touch with the
09:08:22 sheriff's office to let them know what he was doing
09:08:24 and they ended up catching this individual.
09:08:26 And like I said, that's just one event of many that
09:08:30 this young man gets involved in.
09:08:32 I mean, this man makes things happen in district 2
09:08:35 every day.

09:08:37 I laugh because I say he comes to work in fourth gear
09:08:41 and he never shifts down.
09:08:42 He just makes things happen.
09:08:44 And that's why we are going to recognize officer this
09:08:48 month and I appreciate council for doing this.
09:08:52 [ Applause ]
09:08:53 >>CHARLIE MIRANDA: Madam Chair, members of Tampa City
09:09:03 Council, it's my honor today to step in for Reverend
09:09:05 Scott.
09:09:09 As major Keene just explained the outstanding
09:09:13 services, it takes a special person to do way and
09:09:16 above the call of duty.
09:09:17 And I believe by the.
09:09:21 Of evidence officer Steve Prebich has done that.
09:09:27 In recognition of your years of -- 12 years of service
09:09:31 and in doing this hard, tedious and dangerous work,
09:09:33 you and your colleague and your whole squad, I would
09:09:36 like to have your family join you, if I may.
09:09:53 What a beautiful family.
09:09:54 And present a commendation signed by all seven council
09:09:58 members, of the things you have done to make Tampa a
09:10:00 better place to live.

09:10:02 And with that, your lovely wife and your kids, I'm
09:10:05 sure that the public would like to know who they are
09:10:07 because you have a wonderful, beautiful family, and
09:10:10 I'm certainly -- one day will be standing in these
09:10:13 same halls, maybe everyone be mayor or something like
09:10:16 that.
09:10:16 >> This is my wife Denise, Samantha, Courtney, and --
09:10:26 >> Congratulations.
09:10:27 And there will be some presentations in a minute made
09:10:30 by other individuals, including myself on behalf of a
09:10:34 restaurant called Charlie's, but it's not mine.
09:10:37 [ Laughter ]
09:10:40 In fact when they gave me this I thought, oh, I'm
09:10:43 going to dinner.
09:10:58 On behalf of Charlie's, there's a certificate for $100
09:11:02 for you and your guests, and I'm assuming it's these
09:11:06 four, so it may take $200.
09:11:09 [ Laughter ]
09:11:09 But we'll find something to do and I'm happy that
09:11:15 Charlie's is coming through once again like they
09:11:17 always do.
09:11:18 Who is next?

09:11:19 >> Tom Wagner.
09:11:20 I'm from the Florida Aquarium.
09:11:22 On behalf of Florida Aquarium, thank you for
09:11:24 everything you do for our community.
09:11:26 This is a family of four membership to the aquarium.
09:11:31 If you need to expand that a little bit, you can let
09:11:34 us know and we'll be happy to extend that.
09:11:40 >> Representing Lowry Park Zoo.
09:11:45 We thank you for protecting our community.
09:11:47 We want to invite you and the family to come enjoy the
09:11:51 day.
09:11:51 There should be enough for you.
09:11:59 >>> Steve Stickley representing Stepp's towing
09:12:03 service.
09:12:04 On behalf of Jim and Judy Stepp, we would like to
09:12:07 present a certificate to you for an excellent Jon job,
09:12:10 a job well done out on the street and a certificate
09:12:12 for Lee Roy Selmon's.
09:12:18 >> Darryl Ford from Bill Currie Ford.
09:12:28 Danny Lewis, our community relations director, is home
09:12:31 recuperating from open heart surgery.
09:12:34 So they sent me.

09:12:36 So I got to look at my notes here a little bit.
09:12:42 For your outstanding police work, your dedication and
09:12:46 commitment to the job, we at Bill Currie Ford would
09:12:50 like to say thank you and present you with this watch.
09:12:56 Always wear it in good health.
09:13:00 Keep up the good work.
09:13:03 >>STEVE MICHELINI: Somebody has to hold this and the
09:13:17 kids.
09:13:17 On behalf of a couple different corporations in town,
09:13:20 they would certainly like to recognize you and I can't
09:13:22 think of anyone who is more deserving of a complete
09:13:24 family portrait than you.
09:13:26 You are going to be able to use this very well.
09:13:28 It's from Bryn Allen studios.
09:13:30 They are going to provide you with an opportunity to
09:13:31 have your family portraits done.
09:13:34 On behalf of Bern's steakhouse, this is for you and
09:13:38 your wife now.
09:13:39 You have to find a babysitter.
09:13:42 I can't provide that.
09:13:43 Bern's steakhouse to let you have an evening out and
09:13:46 they are providing that for you.

09:13:48 In addition to that the Hillsborough County towing
09:13:51 association is providing you with -- usually it's $50
09:13:53 but I can see it's going to take more so we are going
09:13:55 to give you $80 worth of certificates so you can enjoy
09:13:59 yourself at Carabbas or Outback or Lee Roy Selmons.
09:14:04 I told you about the Hillsborough County towing
09:14:06 association.
09:14:07 Rigatonis, a fun place for you and the kids, you can
09:14:11 go enjoy dinner there.
09:14:12 And that's going to be $80 worth of certificates for
09:14:15 you and your family to enjoy.
09:14:17 And they'll sing and dance and vice-president a great
09:14:20 time.
09:14:20 Congratulations.
09:14:21 >>> Thank you.
09:14:22 I appreciate it.
09:14:23 [ Applause ]
09:14:24 First I want to thank be the council.
09:14:34 I appreciate everything.
09:14:36 Thank you, everybody, for the gifts and my family, my
09:14:41 squad.
09:14:42 I have a great squad.

09:14:44 And supervisor, my sergeant Mitchell.
09:14:49 Great.
09:14:50 Best squad I ever had.
09:14:51 And captain, major, right on up the chain.
09:14:55 Thank you.
09:14:57 >>JOHN DINGFELDER: Let's say a hello to Danny Lewis, a
09:15:41 great, wonderful guy.
09:15:44 Thank you.
09:15:45 >>GWEN MILLER: Mr. Miranda is up again for a
09:15:48 commendation.
09:15:50 >>CHARLIE MIRANDA: At this time I would like to ask
09:15:52 the DiMaio family and friends up.
09:16:09 Can you imagine if I was by myself it would be no
09:16:12 friends?
09:16:15 It's my honor to be here today to recognize the DiMaio
09:16:20 family.
09:16:21 I have known them for a long, long time.
09:16:24 They have been outstanding family, and ware here today
09:16:28 to honor their father victor DiMaio.
09:16:32 In recognition of victor DiMaio's leadership in the
09:16:39 city of Tampa, Florida, Mr. DiMaio loved and dedicated
09:16:44 to the history of Tampa and in particular Ybor City,

09:16:46 it was evident through the services as president of
09:16:50 Ybor City Chamber of Commerce and the Ybor City Lion's
09:16:52 Club and for being the recipient of numerous awards
09:16:55 for his commitment including the Ybor City Lions Club
09:17:00 achievement award and the Ybor City society Tony Pizzo
09:17:06 award.
09:17:07 He was a great gentleman.
09:17:08 He was an extremely family man, a caring man, and
09:17:11 always had a hand out to help those in need.
09:17:15 And the family is here beside me, his lovely wife
09:17:27 Marcie and two sons.
09:17:28 I can tell you a lot of things about the two guys,
09:17:31 outstanding individuals.
09:17:32 One is a doctor, and the other one is a doctor of
09:17:34 politics.
09:17:36 [ Laughter ]
09:17:37 As we all know.
09:17:38 So with that in mind, it is my pleasure Marcie and I
09:17:43 did Mayo family and friends to be here with you today
09:17:47 on behalf of Tampa City Council, having a conversation
09:17:51 with you.
09:17:52 Finance anyone would like to speak you can certainly

09:17:55 have the mike.
09:17:55 >>> Victor DiMaio, Jr.
09:17:58 I would like to thank you all.
09:17:59 I would like to thank everybody that sent all the
09:18:01 cards and letters since dad passed away.
09:18:05 There are so many things I want to say and I know I
09:18:08 don't have a lot of time but I want to thank all the
09:18:10 people for being here from the lions club, those that
09:18:14 were involved in groups that dad was involved with.
09:18:23 Mike, straight from Afghanistan, I appreciate Mike
09:18:26 being here as well, and on behalf of my brother and my
09:18:29 mom.
09:18:29 Many years ago, you don't know how lucky you guys are
09:18:32 because my dad ran for City Council and didn't quite
09:18:35 make it.
09:18:35 But it didn't dampen his enthusiasm for politics.
09:18:38 He stuck it out and got right back in there and my mom
09:18:42 right after him.
09:18:43 And I said at the funeral, dad is probably up there
09:18:46 with a couple other City Councilmen he knows, Mr.
09:18:50 Marabela and Eddie, and those who ran the democratic
09:19:02 party, and guys like Tony Pizzo, a bunch of other good

09:19:05 guys, they are all up there in heaven now hopefully
09:19:07 talking politics, and looking down on us and
09:19:10 hopefully, you know, we can carry on the torch.
09:19:13 And that's one message I do want to say is that I
09:19:16 really hope people volunteer like my dad did in all
09:19:19 the different clubs and organizations.
09:19:20 A lot of needs out there.
09:19:24 Dad was kind of sick the last year and a half and we
09:19:26 weren't able to raise money like we did every year for
09:19:30 a guide dog but we asked people to donate money and at
09:19:35 lunch time at the Columbia restaurant we will be able
09:19:37 to buy a seeing eye dog for some blind person, that is
09:19:41 part of the stuff we do for the Lion's club and it's
09:19:44 going to be named victor.
09:19:46 So it will kind of carry on my dog's legacy in another
09:19:51 life.
09:19:52 Thanks again.
09:19:52 And thank you, Charlie.
09:19:54 I really appreciate you doing this and recognizing
09:19:56 some of the good things that go on in the community,
09:19:58 and all the lives that dad touched.
09:20:00 So thanks again very much.

09:20:02 Thank you.
09:20:05 [ Applause ]
09:20:15 >>JOHN DINGFELDER: Welcome, I did Mayo family, Marcie,
09:20:19 victor, Michael Shante and Cathy Bartaloti.
09:20:27 The sandwich shop won't be the same.
09:20:29 My wife and I enjoy going over there, and inevitably I
09:20:35 know up in heaven all those people you mentioned,
09:20:38 Vick, including your dad, I hope that they serve
09:20:45 CAFE Camoche up there.
09:20:52 He was the consummate gentle.
09:20:54 My wife and I miss him dearly.
09:20:56 Thank you.
09:21:03 >> He had a warmth, a smile, a givingness.
09:21:05 He made you feel special.
09:21:06 Your entire family has given so much to Tampa.
09:21:09 And I want to thank you.
09:21:10 We will all miss him.
09:21:13 >>GWEN MILLER: Mr. Dingfelder will give a
09:21:17 commendation.
09:21:19 >>> Good morning.
09:22:28 It's such AP pleasure and honor for me to be here with
09:22:30 the university of Tampa that won the soccer team.

09:22:38 Was a great year for the team and they won the NCAA-2
09:22:44 national championship.
09:22:46 And they have the coach, congratulations.
09:22:48 He's here to accept our commendation.
09:22:49 And we also have president Ron, and I believe the
09:22:54 athletic director, and if you will introduce your team
09:22:58 and everybody in a few minutes.
09:23:00 Let me tell you a little bit about what's going on at
09:23:03 U.T., and to the president, I want to say not only are
09:23:10 the athletic programs big but the university is
09:23:12 amazing.
09:23:13 My mother is a graduate of U.T. a couple years ago.
09:23:21 I remember going over there what a tiny place it was,
09:23:24 basically just the minarets and the old buildings and
09:23:30 every time I go by now a new building is popping up.
09:23:33 You do great things.
09:23:34 I'm really proud to have you as part of our city.
09:23:38 Coach Lusey, I understand this is just your first year
09:23:43 with the university, correct?
09:23:44 Fantastic.
09:23:49 In only the tenth year the women's soccer team one the
09:23:52 NCAA 2 national championship winning in a 3 to 1

09:23:59 shootout victory.
09:24:05 It was scoreless after two overtime periods, the
09:24:08 Spartans claimed the victory in the first double
09:24:11 overtime match in NCAA 2 women's soccer championship
09:24:14 history.
09:24:16 No stranger to national championships, university of
09:24:20 Tampa now claimed 12 national titles in its long
09:24:23 illustrious history and four national championships in
09:24:26 the last four years including baseball in 2006 and
09:24:29 2007 and volleyball in 2006.
09:24:31 Tampa City Council applauds you, coach Lusey in only
09:24:37 your first year as coach of the Spartans and commends
09:24:39 your team in achieving this distinction and for all
09:24:43 the athletes, everybody involved in the athletic
09:24:51 programs at the University of Tampa.
09:24:52 Congratulations.
09:24:52 This commendation.
09:24:54 And say a few words.
09:25:00 >> I would like to introduce Brittany Evans.
09:25:09 Behind her is Allison.
09:25:12 Shelby.
09:25:16 Sean.

09:25:17 Michelle.
09:25:21 Melissa.
09:25:27 Mohammed.
09:25:29 One way or the other.
09:25:32 One of the captains.
09:25:34 Two captains.
09:25:35 I would like to introduce athletic director Mr. Larry
09:25:40 Marfise and of course the president of the university.
09:25:47 This is a remarkable group of young women who, you
09:25:50 know, I am very, very proud to represent them and be
09:25:57 their coach and thank you very much.
09:26:10 >>> On behalf of the team we want to thank you for
09:26:13 recognizing our accomplishment.
09:26:15 Very proud of them.
09:26:16 And we worked really hard this year and it paid off.
09:26:20 Thank you for your hospitality this morning.
09:26:23 And thank you for your continued support.
09:26:35 >>> Good morning, everyone.
09:26:36 We are awful proud of these young people.
09:26:38 They have done a terrific job, and I have to say they
09:26:42 are great people.
09:26:44 It's not just about athletic success at U.T.

09:26:48 It's also about developing well-rounded citizens that
09:26:50 will give back to the community down the road.
09:26:52 We are just as proud of our academic success for our
09:26:57 athletes.
09:26:57 We have a 94 and 95% graduation success rate in the
09:27:01 last two reports.
09:27:04 And few can talk about the athletic achievements that
09:27:11 these student athletes have achieved but I would say
09:27:14 also say few can talk about the academic success.
09:27:18 We are proud of them.
09:27:20 I feel really fortunate to not only have Jerry here
09:27:22 who has done almost the impossible in his first year
09:27:27 but we are fortunate to have a terrific athletic
09:27:30 director Larry Marfise.
09:27:32 Again thank you for the recognition for this team.
09:27:35 >>GWEN MILLER: I would like to put on record that Rev.
09:27:53 Scott and Joe Caetano are not here this morning
09:27:56 because they are out of town.
09:27:57 Mr. Shelby.
09:27:58 >>MARTIN SHELBY: Good morning.
09:28:03 Now we come to the approval of the agenda with regard
09:28:05 to continuance or removal of items, you have the

09:28:07 addendum in front of you.
09:28:09 Item 65 is requesting a continuance to March 6th
09:28:14 of 2008.
09:28:21 >>LINDA SAUL-SENA: I wanted to say something about
09:28:23 that.
09:28:23 I'm fine with the continuance.
09:28:24 When I made the request for this report, I had
09:28:26 thought, had thought I had asked for an update on the
09:28:36 creek in Pasco, Cypress Creek issues with water
09:28:41 quality.
09:28:41 So I would like to ask that when she comes on March
09:28:44 6th -- and she's prepared for this as we
09:28:47 discussed -- that she also provide us an update on the
09:28:50 Cyprus creek water quality issues as well as the land
09:28:54 development.
09:28:58 Of that would be part of my motion to continue.
09:29:00 And as the short report on the Cyprus creek water
09:29:03 quality issue.
09:29:05 89 motion and second.
09:29:06 (Motion carried).
09:29:06 >>MARTIN SHELBY: Council, you have received a
09:29:08 memorandum from Brad Baird regarding item 66, the

09:29:12 hydrant maintenance to be pulled from today's agenda
09:29:15 and continued to March 6th.
09:29:17 >> So moved.
09:29:17 >> Second.
09:29:18 (Motion carried).
09:29:18 >>MARTIN SHELBY: And the item that travels with it
09:29:20 item 67, we ask that that be pulled and continued to
09:29:23 March 6th.
09:29:24 >> So moved.
09:29:25 >> Second.
09:29:26 (Motion carried).
09:29:26 >>MARTIN SHELBY: Council, item 87 is the public
09:29:32 hearing regarding the TECO franchise which is set for
09:29:35 10:30 this morning.
09:29:40 And Mr. David Smith is going to request a continuance.
09:29:43 We previously received a memorandum from him
09:29:44 requesting that.
09:29:45 My understanding is that there are people from the
09:29:47 public who are here to speak to that item today.
09:29:50 My suggestion would be that because of the request to
09:29:54 continue that those people who do wish to speak do not
09:29:57 wait till 10:30 but instead speak during the public

09:30:00 comment which takes place immediately after the
09:30:03 approval of the agenda.
09:30:17 Item number 87 will not be heard today.
09:30:19 With regard to item number 94 it is an appeal hearing
09:30:21 on a variance review board decision.
09:30:23 Council, that is Mr. Michelini's -- the petitioner's
09:30:31 representative.
09:30:31 And council very briefly, this was continued to this
09:30:33 date, but know notice has been sent out, and that was
09:30:36 because of a procedural misunderstanding as a result
09:30:39 of what took place when he did make the request on
09:30:42 December 6th.
09:30:43 So it's my understanding that Mr. Michelini today is
09:30:49 going to be requesting a new date for that, new notice
09:30:52 will be sent out, the record will be perfected and
09:30:54 notice will be posted.
09:30:55 Is that correct?
09:30:56 >>STEVE MICHELINI: That's correct.
09:30:59 April 17th at 10 a.m. time certain, please.
09:31:03 >>GWEN MILLER: Can't do it at nine?
09:31:07 >>MARTIN SHELBY: It's set for 10:00 but it cannot be
09:31:09 heard because notice had not been sent out.

09:31:14 Although what should have happened, council, is rather
09:31:15 than just being reset, it should have been open and
09:31:17 should have been continued but it was right before
09:31:19 lunch recess.
09:31:20 Council made the motion to discuss a date but it
09:31:23 wasn't done procedurally correctly.
09:31:26 >>CHAIRMAN: Now we can make the motion.
09:31:27 >>> Yes, I believe it would be appropriate because you
09:31:30 do intend to send out notice.
09:31:33 >>CHARLIE MIRANDA: I certainly don't want to GOP
09:31:34 through another procedure and I'm certainly not
09:31:37 debating any -- but if it's set for 10:00 and we do it
09:31:42 now and somebody objects later on we are going to have
09:31:44 another problem.
09:31:46 >>MARTIN SHELBY: That's a point well taken.
09:31:53 >>CHARLIE MIRANDA: We could wait another few minutes
09:31:55 but I didn't want somebody to say you set it before
09:31:58 and now we are here.
09:32:02 >>STEVE MICHELINI: That's fine.
09:32:05 I was working with one of the attorneys for another
09:32:08 client.
09:32:08 >>CHARLIE MIRANDA: I understand.

09:32:10 And we will take it up at 10:00.
09:32:12 >>MARTIN SHELBY: Item number 95 cannot be heard
09:32:15 because the record was not perfected.
09:32:17 That should be removed from the agenda.
09:32:25 With regard to the other changes, those can be taken
09:32:28 up at the time if the items do come up.
09:32:33 Just a remainder, to be remind council that items 33
09:32:37 through 34 under the Finance Committee need to have
09:32:39 the 15-day filing requirement by a super majority of
09:32:43 council, which in the case of today with two council
09:32:46 members being absent, they are going to need a
09:32:52 unanimous vote.
09:32:53 So with 33 and 34, council should be present, please.
09:32:57 With that, if there are no other relevant messages you
09:33:01 may approve the agenda.
09:33:02 >>MARY MULHERN: I would like to ask to continue item
09:33:05 number 68.
09:33:06 I need to have some discussion with Bonnie Wise and
09:33:12 Jim Stefan who are both not able to be here today.
09:33:15 So I would like to move that to our next council
09:33:17 meeting which is March 6th.
09:33:19 >> Second.

09:33:20 (Motion carried).
09:33:21 >>CHAIRMAN: Any other items?
09:33:26 Need a motion to approve the agenda.
09:33:28 >>: So moved.
09:33:28 >> Second.
09:33:29 (Motion carried).
09:33:29 >>CHAIRMAN: We now go to our audience portion.
09:33:32 Is there anyone in the in the public that would like
09:33:34 to speak to any item on the agenda not set for public
09:33:36 hearing?
09:33:37 You may come up and speak.
09:33:43 >>MARTIN SHELBY: That would also include the public
09:33:44 hearing for item 87, the TECO franchise.
09:33:48 >>> Susan Long, 921 east broad street, president of
09:33:52 Old Seminole Heights civic association speaking on
09:33:54 item 74.
09:33:55 And I have not been sworn if that matters.
09:33:57 >> You don't have to be.
09:33:58 >>> Doesn't matter.
09:33:59 Okay.
09:34:00 For many years Old Seminole Heights neighborhood
09:34:01 association had an active code enforcement committee.

09:34:05 The issues we faced in improving our neighborhood are
09:34:07 those we are all familiar with.
09:34:09 Over 90% of the time, the citations by code
09:34:12 enforcement motivates the home owner to remedy the
09:34:15 problem.
09:34:15 The remaining cases of citation by code does not
09:34:18 produce the desired results and further action is
09:34:20 needed.
09:34:21 Needless to say this small percentage tends to be the
09:34:23 same property owners over and over again.
09:34:26 Under the current rules, a person cited for code
09:34:29 violation has been three to six months to rectify the
09:34:31 problem before it goes to the code board or hearing
09:34:34 master.
09:34:35 Once they are found guilty they have an additional ten
09:34:38 days to six months to fix the violation.
09:34:40 Those offenders who have been found guilty, at least
09:34:42 two times by code are among the small handful of
09:34:45 violaters making our neighborhoods unsightly and on
09:34:50 occasion unhealthy.
09:34:51 In addition, if the fines continue to increase the
09:34:54 violator can be sent to criminal court.

09:34:56 In criminal court they are given one month and then
09:34:58 another ad nauseam to remedy the problem.
09:35:02 In the end they are usually found in compliance.
09:35:03 At this point all the fines disappear and the whole
09:35:06 process takes years.
09:35:07 The most egregious violaters usually are back in
09:35:10 violation within months.
09:35:11 Now the process begins again.
09:35:14 There is no procedure in place at this time to make
09:35:16 these scofflaws pay a dime and they know it because
09:35:20 the process takes so long and because there is no real
09:35:24 penalty other than some minor inconvenience, there is
09:35:26 nothing to stop repeaters from excessively and
09:35:29 flagrantly ignoring the code.
09:35:32 The process of a ticket like a parking or speeding
09:35:35 ticket is one Temple Terrace has used for years.
09:35:38 It works.
09:35:39 Because these tickets can only be given to repeat
09:35:41 offenders or those who caused incurrable damage they
09:35:44 will not be used as an abusive tactic against the
09:35:48 other citizen.
09:35:48 They will however be a major motivation to the

09:35:51 scofflaws who spend many years making life miserable
09:35:55 for their neighbors and today paid in a real penalty.
09:35:58 The other advantage to this proposed change in
09:36:00 enforcement is that often owners are cited for
09:36:02 violations caused by their tenants such as inoperable
09:36:06 vehicle.
09:36:07 The owner should not be penalized for things did he
09:36:11 not committee. This new code would allow the tenant
09:36:13 to be cited for the wrongs he committees instead of
09:36:15 the landlord.
09:36:17 One argument that has been presented is if this does
09:36:20 not allow for due process.
09:36:21 Based on that argument parking tickets and speeding
09:36:23 tickets also do not allow for due process yet both are
09:36:27 valid means of punishing a wrongdoer that have been
09:36:29 upheld in our courts for years.
09:36:31 The board of Old Seminole Heights neighborhood
09:36:33 association voted unanimously to encourage Tampa City
09:36:35 Council to support these changes to our city code.
09:36:39 Thank you.
09:36:39 >>> Jerry Ellsworth, president of south Seminole
09:36:49 Heights civic association and also here to speak on

09:36:52 item 74.
09:36:53 I am not going to repeat everything Susan said but
09:36:56 certainly those are all valid points.
09:36:58 What I would like to remind council, the number of
09:37:03 times you see me, usually with pictures of perpetual
09:37:08 violaters, with code enforcement issues, several years
09:37:13 ago -- and I'm talking several years ago -- I did a
09:37:17 sweep through my neighborhood with then council person
09:37:24 Rose Ferlita and then manager Bill Doherty.
09:37:30 And I am still here working with the same problem.
09:37:35 The system we have now doesn't work.
09:37:37 It's time we will at something different.
09:37:39 Our neighborhood, although many know it as an area to
09:37:43 buy great bungalows, and find a very diverse
09:37:46 neighborhood, there's still a lot in our neighborhood
09:37:49 as a place to come when you want junked cars and it's
09:37:53 time that changed.
09:37:54 Thank you.
09:38:08 >>> Pete Johnson.
09:38:11 We have been fighting a long time, 20-some years for
09:38:16 this.
09:38:20 This is for the citizens of Tampa if we pass it.

09:38:28 It's about time.
09:38:29 Let's get real.
09:38:35 I had to buy this.
09:38:37 Code enforcement, it's really, very hard to enforce.
09:38:41 I mean, you guys pass all of these ordinances and you
09:38:44 expect the administration to enforce them.
09:38:47 Well, it's time that you give them this citation
09:38:51 program award.
09:38:51 I have a lot of notes.
09:38:52 I'm not a big speaker.
09:38:55 But here is one address that went to code yesterday
09:39:00 with 40 violations.
09:39:03 Okay.
09:39:04 40 violations.
09:39:05 It's an apartment complex.
09:39:06 It's a Steven green old complex, okay?
09:39:10 The people who bought it actually said, no, they don't
09:39:12 have the money to fix it up.
09:39:14 So what do we do?
09:39:17 Went to code board.
09:39:18 They were fined.
09:39:19 Everything else.

09:39:19 Nothing is going to happen.
09:39:22 Citation program, give a citation for each one of
09:39:26 these.
09:39:27 Believe me, when the owners of the corporation have to
09:39:29 go to court about it, the judge is not going to be
09:39:31 happy.
09:39:32 Another thing.
09:39:34 200 addresses of foreclosure property that the
09:39:38 department of code has turned over to the legal
09:39:40 department.
09:39:41 One has been filed against.
09:39:43 One out of 200 -- and this has been going on for way
09:39:47 too long, perhaps a citation to some of these people
09:39:52 would cure this problem, also.
09:40:00 Something else I have been studying is state
09:40:02 Constitutions.
09:40:02 It is extremely hard for any municipality to enforce
09:40:05 your codes.
09:40:07 Okay.
09:40:08 Amendment 5 of the state Constitution states that you
09:40:12 cannot take a piece of property and not allow the
09:40:15 owner to make money on it.

09:40:18 So houses of prostitution, drugs, everything else,
09:40:24 it's extremely hard to enforce this.
09:40:27 My last piece of evidence is a house on 26th
09:40:31 Avenue that I am finally getting with legal to take to
09:40:35 the nuisance abatement board.
09:40:37 Okay.
09:40:42 This house has been running drugs, prostitution by a
09:40:45 60-year-old lady in a wheelchair.
09:40:47 Now tell me, we need some stronger action.
09:40:50 So this is only the beginning.
09:40:54 I perceive a citation being used maybe less fines but
09:40:57 when people don't comply within the third visit.
09:41:03 Thank you.
09:41:04 It's about time.
09:41:04 I appreciate the administration for log outside the
09:41:06 box but using all of the legal aspects that are
09:41:09 available to all of us.
09:41:10 Thank you.
09:41:13 >>LINDA SAUL-SENA: The last three speakers are all
09:41:15 people who appeared in front of us many times
09:41:17 specifically about code enforcement.
09:41:19 I would like to schedule for May a workshop on code

09:41:22 enforcement --
09:41:24 >>GWEN MILLER: Wait till everybody speaks first.
09:41:27 >>LINDA SAUL-SENA: Okay.
09:41:31 >>> Mike Peterson, government affairs council for the
09:41:34 greater Tampa association of realtors.
09:41:35 And I have to tell you, we are not in disagreement
09:41:38 with the prior three speakers.
09:41:39 As I have told you before and as you have all perhaps
09:41:42 received the e-mails I sent you this week, we are
09:41:45 generally supportive of this instant fine tool that
09:41:49 you want to enact as a new ordinance for code
09:41:51 enforcement.
09:41:52 How far, there is one concern, and we mentioned it
09:41:57 before, we mentioned it to your staff, and yet we
09:41:59 don't seem to be getting much traction, and that
09:42:02 southbound we believe the standards for when one drops
09:42:04 in as a repeat violator, or a bit too low.
09:42:11 Particularly someone who has many properties
09:42:13 throughout the city.
09:42:15 So we understand those who are regular repeaters and
09:42:18 who are the scofflaws as you heard described, and we
09:42:22 want you to be able to get at them.

09:42:24 But we think you are going to find that many of your
09:42:26 more decent landlords who own many properties
09:42:29 throughout the city could easily fall within the
09:42:32 confines of this, when all they have to do is have a
09:42:36 second violation within a five-year period on any of
09:42:39 their properties, and they are then tagged a repeat
09:42:44 violator.
09:42:44 Once they are a repeat violator they are then subject
09:42:48 to receiving some citations without receiving any
09:42:51 notice in advance thereafter.
09:42:53 That's a pretty harsh penalty particularly when it
09:42:56 applies to all of the violations that are there.
09:43:00 I talked to your staff about the idea of why don't we
09:43:02 at least have a different standard for the more minor
09:43:05 violations versus major violations.
09:43:08 I refer them in the ordinance to the A and B class
09:43:11 versus the C and D class.
09:43:15 We then talked about maybe we could do something two
09:43:20 out of three suddenly send you into repeat violation.
09:43:26 The following week we got a letter saying, no, we
09:43:29 changed our mind, we don't want to do that.
09:43:31 So we are supportive of the ordinance in general.

09:43:33 But we think you really need to look at this repeat
09:43:36 violator threshold and consider what you might be
09:43:40 doing to some of the more decent landlords, but with
09:43:43 many properties, this is very hard to keep track of
09:43:45 this stuff.
09:43:46 We want you to get at the tree trimming people who do
09:43:49 irreparable harm, other irreparable things that are
09:43:52 covered by this ordinance are fine.
09:43:53 But the repeat violator thing is the hidden problem in
09:43:56 this ordinance as we see it.
09:43:58 Thank you.
09:43:58 >>GWEN MILLER: Thank you.
09:44:03 >>> Good morning, Madam Chairwoman Miller and council
09:44:07 members, my name is Charner Reese, Davis Island, and
09:44:13 I'm here to talk to you about item number 87.
09:44:16 It's the Tampa Electric Company franchise with the
09:44:18 city.
09:44:20 The proposed agreement.
09:44:21 As you all recall, the Davis Island community plan was
09:44:25 approved by City Council last November.
09:44:28 And among the things in that plan it calls for
09:44:32 undergrounding of utility lines to improve the

09:44:36 reliability of service, to improve the safety for
09:44:40 residents, and also to enhance the community's
09:44:43 appearance.
09:44:44 Now, the renewal of this franchise agreement, with
09:44:49 Tampa Electric, is an opportunity to renegotiate the
09:44:52 terms and the benefits.
09:44:53 So, therefore, it's appropriate that the city include
09:44:56 a provision that calls for all affected parties to
09:44:59 work together to develop a plan to underground
09:45:01 electric transmission lines in identifiable geographic
09:45:07 areas.
09:45:08 And that will be supported by the residents.
09:45:12 Of that area.
09:45:14 Presently, the draft agreement does not include such a
09:45:17 position.
09:45:18 I just want to bring that to your attention.
09:45:20 Thank you.
09:45:22 >>> Good morning.
09:45:29 My name is Lisa DeVito, 714 south Davis Boulevard, in
09:45:35 Tampa.
09:45:35 And I'm president of the Davis Island civic
09:45:37 association.

09:45:39 I'm here to speak on two items.
09:45:41 One I haven't planned.
09:45:43 The first one I'll just mention, item, I believe,
09:45:46 number 74 on code enforcement revisions.
09:45:49 The Davis Island civic association doesn't
09:45:51 specifically have a position on that, but I would
09:45:55 certainly like to share with you our experiences which
09:45:57 have been very discouraging.
09:46:02 As encouraged by the city we have always had a code
09:46:04 enforcement committee with a volunteer who is supposed
09:46:07 to be the neighborhood liaison, and try to do some of
09:46:10 the initial leg work on code enforcement.
09:46:13 These people have been very discouraged because they
09:46:15 feel essentially because of the weaknesses in code
09:46:18 enforcement, their efforts are basically fruitless.
09:46:22 People that are persistent violaters and scofflaws
09:46:27 apparently know that they can do this and it's just
09:46:29 been very discouraging both for volunteers and for the
09:46:32 residents who have to suffer through violations.
09:46:37 A violation that went on for over a year.
09:46:41 So certainly, please do whatever you can to bring us
09:46:45 up to speed.

09:46:46 I know other cities have provisions that somehow are
09:46:51 more successful and I'm hoping that Tampa is modeling
09:46:53 on some of those.
09:46:55 So thank you for your efforts there.
09:46:58 What I'm really here to speak on is the item number
09:47:02 87, the Tampa Electric franchise agreement that
09:47:07 Charner Reese just spoke to.
09:47:09 The Davis Island civic association board has over the
09:47:11 years been very supportive of efforts to move towards
09:47:14 utility undergrounding.
09:47:15 And it's my understanding that the current franchise
09:47:19 renewal agreement as drafted does not include a
09:47:21 provision relating to continuing efforts to
09:47:24 undergrounding.
09:47:27 We certainly hope that the final agreement between
09:47:30 city and TECO will include some language to work
09:47:38 toward undergrounding in appropriate areas and that
09:47:43 local businesses can support.
09:47:45 Thank you very much.
09:47:45 I hope you can ultimately include that.
09:47:47 Thank you.
09:47:49 >>GWEN MILLER: Thank you.

09:47:53 >>> I'm Dan Byrd, 14743 Tennessee drive, Tampa.
09:48:01 My day job, I'm the development manager of the Heights
09:48:03 project, but I'm really here as a concerned citizen
09:48:05 today.
09:48:06 From what I see with the TECO franchise agreement, I
09:48:10 read the document last night.
09:48:13 I developed, prior to becoming a real estate
09:48:15 developer, I actually developed transmission lines.
09:48:18 I worked for the largest transmission line in
09:48:22 Australia.
09:48:23 I worked for some of the largest power companies in
09:48:25 the U.S.
09:48:26 And way see here in Tampa with our utilities, and the
09:48:29 way we manage our overhead utilities, it's third world
09:48:32 country.
09:48:33 And it's kind of sad.
09:48:35 And this is a 25 year franchise agreement.
09:48:39 We have an opportunity to start shaping the future of
09:48:42 this city.
09:48:44 And I don't want to have my two-year-old daughter have
09:48:46 to get up here 25 years from now and not be able to --
09:49:03 25 from now I would like to see all of our streets

09:49:06 look like this, because we have started today the
09:49:08 process of redefining how we manage our public
09:49:13 rights-of-way.
09:49:17 If we don't, it will look like that.
09:49:33 The city is growing.
09:49:33 If we do in-fill development, the current solution,
09:49:37 and the current rules TECO play under, and they are a
09:49:40 great company, we need electricity, but don't give
09:49:43 them an incentive to make more money by putting more
09:49:46 poles in the air.
09:49:57 I will be 70-year-old in 25 years.
09:50:00 I will probably be in a wholly chair.
09:50:02 Don't let me get hit by a bus because of so many poles
09:50:05 on our city streets that he would can't safely walk
09:50:07 down the streets.
09:50:08 This is Tampa streets.
09:50:14 This is what I saw when I came to Tampa.
09:50:29 This is a once in a lifetime opportunity for all of
09:50:31 us.
09:50:39 >> Why are you showing that?
09:50:40 >> To make a difference in how the city looks.
09:50:42 The Heights project is putting all utilities

09:50:46 underground.
09:50:48 >>> Jennifer Wellman, Stewart street in Palmetto Beach
09:50:58 and I'm here to speak on items number 87 and 76.
09:51:02 Our number 87 is a TECO franchise agreement.
09:51:05 I would like to point out, the ordinance that's before
09:51:08 you today in the agenda backup has the franchise
09:51:12 agreement in there.
09:51:14 On page 12, line 26-28, it says that Tampa Electric
09:51:18 agrees to underground the Kennedy Boulevard corridor
09:51:21 and the city central business district as established
09:51:24 in the Tampa comprehensive plan.
09:51:26 The Tampa comprehensive plan is currently being
09:51:28 updated, and in the draft dated January 18th of
09:51:34 '08 in the future land use urban design, goals, and
09:51:39 policies it talks about designating mixed use corridor
09:51:42 villages and there are several of them and in each of
09:51:45 those villages the policy is to remove utility poles
09:51:48 and put utilities underground.
09:51:49 So I think that needs to be considered in the
09:51:53 franchise agreement and point out that even though the
09:51:57 comprehensive plan hasn't been adopted, the update
09:52:00 hasn't been adopted yet, it is in process.

09:52:02 And I urge you to take a look at that.
09:52:05 In addition to that, there was mention in the agenda
09:52:11 item of a lighting agreement, and it's contemplated
09:52:15 that it will be considered.
09:52:16 And I would think that a component of this would be
09:52:18 life-style.
09:52:19 And I would just like to show you what be the
09:52:23 current -- on the Elmo, please -- what the current
09:52:29 lifestyles that TECO has made available to the city
09:52:32 and developers, and there is not a very wide variety
09:52:37 of them as you can see, the process is similar, the
09:52:41 Promenade is almost the same version, colonial and
09:52:46 Salem are very similar.
09:52:47 In terms of, you know, creating identities for
09:52:51 different communities, I think it's important to be
09:52:53 able to establish different lighting styles, and right
09:52:58 now it doesn't seem like Tampa Electric allows us to
09:53:00 do that, allows the city to do that.
09:53:02 So I would like that to be considered as part of this
09:53:05 agreement with Tampa Electric.
09:53:10 At our Palmetto Beach community association meeting on
09:53:12 Tuesday, I reported on this issue.

09:53:14 And the residents do seem very concerned about
09:53:17 undergrounding.
09:53:18 And the reliability of service.
09:53:20 So I just wanted to bring that to your attention.
09:53:25 Finally, you know, I understand this is supposed to be
09:53:28 a 25 year agreement.
09:53:30 I would urge you to consider a shorter term for this
09:53:32 agreement, perhaps five years, if it's longer than
09:53:35 five years, to include a reopener in the agreement to
09:53:41 reexamine what's in there, after five years, 25 years.
09:53:45 It seems like an awful long time to have to commit to
09:53:48 an agreement with Tampa Electric in terms of
09:53:51 deregulation and restructuring that could occur during
09:53:54 that 25-year period.
09:53:56 And finally, I would like to ask if you could schedule
09:53:59 a public workshop to discuss this matter.
09:54:01 There are several -- the community associations and
09:54:07 CRAs are very concerned about this and we would like
09:54:10 to talk with you all about what our concerns are, and
09:54:13 urge you to schedule a public workshop on this matter.
09:54:16 Finally on item 76, on the TECO streetcar extension, I
09:54:25 urge you to not take away our $900,000 CMAQ grant.

09:54:29 Thank you.
09:54:30 >>MARY MULHERN: I think on Monday night there was a
09:54:33 forum to discuss the TECO agreement, a public forum.
09:54:36 I don't know.
09:54:37 Were you there?
09:54:39 None of us were there. But were you able to go there?
09:54:42 >>> Yes.
09:54:42 FROM THE FLOOR: I was there.
09:54:46 >>GWEN MILLER: Sir, you cannot speak.
09:54:50 Next speaker.
09:54:54 >>> Even Johnson, urban planner, residents of Ybor,
09:54:58 935 east 11th Avenue, member of the urban
09:55:01 charrette.
09:55:02 I'm speaking first on item number 76.
09:55:03 I would also like to say something on item number 87
09:55:06 as well.
09:55:07 Number 76, Hart is hear today to discuss the money
09:55:11 that they are reallocating for the streetcar, and so I
09:55:15 want to speak to that real quick.
09:55:17 The TECO streetcar extension may be in jeopardy, Hart
09:55:23 to reallocate their money.
09:55:25 The Hart board approved the reallocation of the

09:55:28 $900,000 CMAQ grant from the streetcar extension to
09:55:32 improvements on its bus route.
09:55:33 As now the extension in question would bring the
09:55:35 streetcar line north on Franklin Street to Whiting
09:55:39 Street, would allow for a short walk downtown for
09:55:43 commuting from the Channel District and Ybor City
09:55:45 possible.
09:55:45 The streetcar will not be a viable mode of
09:55:48 transportation until connects the urban core
09:55:50 neighborhood and the extension of the major step to
09:55:52 making that happen.
09:55:53 I believe that in this time of budget difficulties it
09:55:56 is so important to keep a long-term strategic outlook
09:55:59 on developing transit, the need to increase funding
09:56:02 for Hart is real, they have experienced significant
09:56:05 cuts over the last couple of years and are struggling
09:56:07 to improve service while operating under significant
09:56:09 financial constraints.
09:56:10 However, I think most of us know that in order to
09:56:13 become a realistic mode of transit the streetcar, A,
09:56:17 must be extended to the urban core and, B, have
09:56:20 extended operating hours.

09:56:21 This CMAQ grant will not do all of that but it is a
09:56:24 step in the right direction.
09:56:25 I would just like to say that $900,000 is a drop in
09:56:30 the Hart bucket.
09:56:31 It is a small piece of their budget.
09:56:34 But it is huge and crucial to the street car.
09:56:36 And I hope that you guys will encourage Hart and
09:56:38 encourage the mayor to keep that money or find a way
09:56:41 to get Hart to replace the money in the next couple of
09:56:44 years.
09:56:46 On item number 87, I didn't realize we were going to
09:56:50 be able to speak on it but I would just like to say I
09:56:53 know the urban charrette is very interested in this.
09:56:55 I also attended the community forum the other day, the
09:56:59 Sierra Club, and David Smith, the city attorney, and
09:57:02 would like to say I have to concur with everything
09:57:04 that's been said so far and I hope that you guys will
09:57:08 revisit the undergrounding but also the conservation
09:57:11 operations.
09:57:13 >>> My name is Moses Knott, Jr., I reside at 2902 East
09:57:22 Ellicott street three nights a week and I just thank
09:57:25 God for his grace and his mercy.

09:57:28 Especially what I am going to speak on now.
09:57:32 You know, I feel sorry for people.
09:57:33 I represent poor peoples.
09:57:35 And I'm going to represent them till I die.
09:57:39 I'm the only black man here this morning speaking for
09:57:42 them, but I speak for everybody, poor.
09:57:44 But I'm speaking on article 74 here this morning about
09:57:47 this code enforcement.
09:57:48 I wanted to speak last time but thank God for my
09:57:50 favorite friend back there Mr. Michelini.
09:57:53 Thank God for him.
09:57:56 Tag team lake we do, you know.
09:57:58 But I want to say to you all, please leave this thing
09:58:00 just like it is.
09:58:01 Let the court take care of it.
09:58:04 I want to tell you all something.
09:58:06 Chief judge Alvarez, that man retired, that man came
09:58:12 over three times in a row to this podium and told you
09:58:15 all, you know, mayor Freedman, she going to build a
09:58:20 brand new city, tore down about 6,000 poor peoples
09:58:23 homes, wood frame houses.
09:58:25 I mean, hate 'em.

09:58:27 And as God said a man's house is his castle.
09:58:32 That's all we got.
09:58:34 But the man came over and told you all, from the
09:58:38 courtroom over to the Hillsborough County -- over
09:58:42 there, you all said bring it over there because the
09:58:45 judge won't hang the people.
09:58:46 You know, I believe in grace and mercy.
09:58:48 And I believe in that flag up there.
09:58:51 And believe in liberty.
09:58:54 When you come to this country you're free.
09:58:56 One day we will be free at last.
09:58:57 I believe that one day.
09:58:59 But this code enforcement, you all put an iron fist on
09:59:04 people but only on the poor.
09:59:11 We got small restaurants over there, mom and dad
09:59:13 restaurants, you know.
09:59:16 Over on your part of town got rich people over there,
09:59:19 valet parking and everything.
09:59:20 But I want to say, please leave it just like it is.
09:59:23 And, you know, about a neighbor, God said love your
09:59:28 neighbor as you love yourself.
09:59:35 In the Bible in the book of kings, you read about one

09:59:44 day, people got tired of him.
09:59:47 They cut his big toe.
09:59:53 >>> Joseph CITRO, Bayshore Boulevard.
09:59:58 I am a hearing master for code enforcement for the
10:00:01 City of Tampa.
10:00:02 I'm here to speak on item number 74.
10:00:04 I am in favor of the ordinance to allow code
10:00:06 enforcement to issue citation not only to repeat
10:00:10 offenders but also the property owners that don't
10:00:12 bring the property back into compliance, and/or to
10:00:19 properties that are health hazards, environmental
10:00:21 issues, and/or the landlords that have drug dealers,
10:00:26 prostitution going on, on their properties.
10:00:30 They will help expedite these issues.
10:00:32 I also feel that it's going to be helpful to landlord
10:00:37 and tenants alike.
10:00:39 I see landlords that offer substandard living,
10:00:44 substandard electrical plumbing, that can sit for
10:00:50 awhile, 60, 90 days with tenants living in those
10:00:54 properties.
10:00:55 That will help code enforcement issue citations that
10:01:00 will clear up these matters quicker and also helps the

10:01:03 landlords who have tenants who leave vehicles in their
10:01:09 property that aren't used, can't be moved.
10:01:12 It also helps them when they need to come before me
10:01:15 and say, I need more time to evict these tenants.
10:01:19 I'm also here to say that my job, my duty as code
10:01:25 enforcement hearing master, is to expedite cases as
10:01:27 quickly as possible.
10:01:31 With repeat offenders this will allow code enforcement
10:01:33 to issue citations to do that.
10:01:35 Thank you very much for your time.
10:01:39 Also I would like to invite any and all council
10:01:41 members who would like to come down on the first
10:01:43 Wednesday of the month to see my hearing to see how
10:01:47 it's done.
10:01:48 Thank you.
10:01:48 >>STEVE MICHELINI: I was one of those folks that met
10:01:53 with Ernie Mueller and Curtis Lane and Santiago
10:02:00 Corrado following last Thursday's meeting.
10:02:03 When we left that meeting, although we did not have
10:02:05 what we thought was a great deal, we had an agreement
10:02:09 that certain provisions are going to be changed in
10:02:11 this code that's being presented to you that were

10:02:15 changed and reversed back following that meeting, and
10:02:17 we have had no meeting since then.
10:02:19 Although we have communicated with them and asked them
10:02:21 to reconsider their position, nothing has happened.
10:02:25 One of the provisions in the code that you are being
10:02:27 presented with involves all persons, corporations, it
10:02:31 involves any partnership which has a long reach, and
10:02:34 it also requires that on the third occurrence that
10:02:37 it's a mandatory court appearance.
10:02:39 Mandatory court appearance.
10:02:41 The provisions for your funds will be returned to the
10:02:43 city, not to the courts.
10:02:45 So you are not just looking at a fine, you are looking
10:02:47 at court charges and fees being added on top of
10:02:50 whatever those fees and fines are that come back to
10:02:53 the city.
10:02:54 It's a revenue source.
10:02:57 The other issue is, and I raised this last time and I
10:03:00 asked about it in the meeting that we had with the
10:03:02 city people a couple weeks ago, all these code
10:03:04 provisions, all these 1946s, 19-237, 27-148, those
10:03:11 provisions in 19-1343, they need to be identified so

10:03:16 you know what you are applying a fine to.
10:03:18 Otherwise, you have no idea what these fines and code
10:03:23 violations are going toward.
10:03:24 And when they are asking you to assign a fine and a
10:03:27 fee to it, it's only right that you should know what
10:03:30 it's for.
10:03:31 One of the provisions is for trimming a protected
10:03:34 tree, not removing a grand tree but trimming a
10:03:37 protected tree.
10:03:38 And I can tell you that homeowners do this all the
10:03:41 time.
10:03:41 They do it innocently.
10:03:42 But now they are going to be subject to instant fines
10:03:45 and they are going to be cited and if it happens two
10:03:47 or three times the third time they are in court.
10:03:50 The premise of this provision is supposed to be that
10:03:53 if there is no other remedy to be addressed in terms
10:03:56 of the code violation, that's when this provision
10:03:59 needs to be employed.
10:04:01 At lowest that's according to chapter 162, if there's
10:04:04 no other remedy.
10:04:06 There are other remedies.

10:04:07 And you have a Cord Enforcement Board that does this.
10:04:09 If you want to speed the process up, then make the
10:04:12 process more efficient in terms of code enforcement.
10:04:14 Don't start going after everybody else in the long arm
10:04:17 and an instant fine and end up pushing people into
10:04:20 court hearings.
10:04:22 As Mr. Knott said, although I wasn't asking for his
10:04:26 endorsement, it's going to have an effect on the
10:04:28 people that can least afford it.
10:04:31 And then if you have a corporation, you are going to
10:04:33 be in court constantly.
10:04:35 It's not just one property.
10:04:36 It's any property that your name shows up on.
10:04:39 It has a very long arm.
10:04:40 It needs to be looked at.
10:04:42 And before you adopt this, we strongly recommend you
10:04:44 send it back or redraft it.
10:04:46 I appreciate your consideration.
10:04:50 >>> My name the Jennifer Doerfel with the Tampa Bay
10:04:58 builders association.
10:04:59 I just want to make a few quick points.
10:05:01 Number one, I am here again for participation from the

10:05:04 builders association on those issues that effect the
10:05:08 industry.
10:05:08 We are here for you as a resource.
10:05:13 Please use us.
10:05:14 I made several phone calls about specific items.
10:05:20 Unfortunately I haven't had much luck before today.
10:05:22 Number one, please state your intent.
10:05:24 This code enforcement ordinance, if you change it, do
10:05:26 you realize that you are also including licensed
10:05:29 contractors?
10:05:30 That's my understanding.
10:05:31 Of course I can't get any clarification because
10:05:35 unfortunately I haven't been able to get in touch with
10:05:37 anybody to clarify that.
10:05:40 We have things in place.
10:05:42 I'm not sure if you are aware of it.
10:05:44 I'm sure you probably are.
10:05:45 But in case you don't know, licensed contractors have
10:05:48 their own resources and their own group that deal with
10:05:52 them, the contractor licensing board.
10:05:57 Not sure that was your intent here, but you are
10:05:59 throwing the licensed contractors in with the code

10:06:01 enforcement issue.
10:06:03 Also, didn't realize that the city had changed to
10:06:07 form-based codes and zoning, but I have been made
10:06:10 aware of that issue, and was not included on any of
10:06:14 those discussions.
10:06:15 And again we are here with a recourse.
10:06:20 Nationally there are lots of place that is changed to
10:06:22 this type of zoning and I do have information that
10:06:24 might be available to you in getting down that road.
10:06:26 Thirdly, and I will leave you with this, the
10:06:30 transportation impact fees, using that money for
10:06:34 transit is an awesome way to go, and I applaud the
10:06:38 mayor and your efforts on that.
10:06:39 But I do have some questions about that.
10:06:42 And I want to make sure that you guys aren't doing
10:06:44 something that you don't want to do, and that deals
10:06:47 with concurrency, so if someone could please get with
10:06:50 me I will be happy to help you anyway I can, make sure
10:06:53 that these are successful programs.
10:06:55 Thank you.
10:07:02 >>MARY MULHERN: Now I forgot what I was going to ask.
10:07:07 What was the last thing you said?

10:07:09 Oh, there's only a pilot project that's going on, and
10:07:13 it's happening in Seminole Heights.
10:07:15 And we can let you know.
10:07:18 They are having public meetings.
10:07:19 So we can let you know.
10:07:20 >>> Right.
10:07:21 I just wasn't aware of that.
10:07:24 I have been attending meetings with the city for a
10:07:26 couple of years and the last time they said -- and
10:07:28 that was back in November -- we haven't really gotten
10:07:31 far enough down the road to include you.
10:07:33 But the next thing I hear is, oh, it's in the works.
10:07:36 So we are here as a resource.
10:07:38 That's all I'm saying.
10:07:40 Just use us.
10:07:40 >> Check with Cathy Coyle.
10:07:44 >>> I actually have.
10:07:45 I have spoken with her and she let me know.
10:07:51 >>MARTIN SHELBY: I'm sorry, before the speaker speaks,
10:07:55 30-minute time has elapsed.
10:07:57 And you have taken comment about items that are on the
10:08:00 agenda.

10:08:01 Council's rules do state --
10:08:06 >>JOHN DINGFELDER: Move to amend the rules for three
10:08:08 more people.
10:08:11 (Motion carried).
10:08:11 >>MARTIN SHELBY: After that people who do wish to
10:08:13 speak on other items can speak at the end of today's
10:08:15 agenda.
10:08:19 >>> Can I speak on something that's not on the agenda?
10:08:21 >>GWEN MILLER: Yes.
10:08:27 We speak on the agenda first.
10:08:28 >>MARTIN SHELBY: Is there anybody here that want to
10:08:31 speak to items on the agenda?
10:08:33 Okay.
10:08:34 Well, I see four people standing, Madam Chair.
10:08:38 How many people wish to speak to items on the agenda?
10:08:41 Could you please just raise your hand?
10:08:43 There are four people who wish to speak to items on
10:08:45 the agenda.
10:08:46 You wish to speak to items not on the agenda, is that
10:08:48 correct?
10:08:49 Council made a motion to allow --
10:08:52 >>GWEN MILLER: We have three speakers.

10:08:58 >> Modify to two minutes each for five.
10:09:03 >>GWEN MILLER: You will have two minutes to speak,
10:09:09 those five.
10:09:10 That's it.
10:09:10 >>> Andy Joe Scaglione, on behalf of the code
10:09:17 enforcement ordinance.
10:09:18 I am in support of it, other than two sentences in the
10:09:22 provision, and that has to do with each property
10:09:25 standing on its own and the ownership standing on its
10:09:30 own.
10:09:30 This ordinance has a lot of good things in it, to hit
10:09:33 vendors that shouldn't be on events that we have,
10:09:35 tenants that should be cited, trees that are cut,
10:09:40 trimmed.
10:09:43 I'm generally in favor of everything in here.
10:09:45 But two sentences that has to do with not withstanding
10:09:48 the violations occur at different locations is a real
10:09:52 problem.
10:09:53 And the other issue is, an officer, director,
10:09:58 co-partnership or association of a corporation.
10:10:01 What that does is link everything together and
10:10:03 actually links partners you may be involved in, that

10:10:06 you can't control their actions.
10:10:08 So again just two sentences.
10:10:09 I appreciate staff bringing this up.
10:10:11 Santiago, Mr. Lane probably and his staff supervisors,
10:10:18 inspectors, probably one of the best departments I
10:10:20 work with in the county, the city, county and state.
10:10:23 They do an excellent job.
10:10:24 But if you would just please consider those two, what
10:10:28 we don't want to do is penalize good landlords and
10:10:31 also multiple property owners.
10:10:32 And this doesn't have a provision for that.
10:10:34 Thank you very much.
10:10:35 >>GWEN MILLER: Thank you.
10:10:35 >>> Joseph Capitano, Sr., 2400 Lykes.
10:10:47 I would like to go along with your supporting it
10:10:50 except for the fact that in my situation I have, say,
10:10:53 a partner, or more than one partner, who could effect
10:10:56 me in my business without me ever knowing that an
10:11:02 investment that I might have has a problem, and they
10:11:05 can take any one of the corporation I might be
10:11:07 involved in.
10:11:08 If I own piece of properties in violation that's fine,

10:11:12 fine that property and take care of that property but
10:11:14 don't be able to come after my four or five or six
10:11:17 different corporations I may be involved in because
10:11:19 someone that I might have a partnership with in a
10:11:22 separate corporation, who may be managing that thing,
10:11:26 could be operating it or letting it slide by without
10:11:29 me even knowing about it.
10:11:30 So that's the only thing that I have a major problem
10:11:34 with.
10:11:34 Thank you.
10:11:41 >>> Mark Hamburg.
10:11:43 I'm speaking on ordinance 74 -- item number 74, also.
10:11:48 This needs to be sent back and rewritten.
10:11:51 I'm in support of the intent of the ordinance, which
10:11:54 is to go after the most egregious violaters.
10:11:57 However, as some of the other speakers have told you,
10:12:01 it casts a very wide net, and will take in others that
10:12:06 have some small violations perhaps, such as house
10:12:11 numbers that may be missing from a building will be
10:12:14 treated the same as the egregious offenders that have
10:12:18 totally junked up their property, they have collapsing
10:12:23 roofs, et cetera, et cetera.

10:12:25 So I think the intent may be noble, but, you know,
10:12:28 there has to be some consultation with the builders
10:12:32 association, the realtors association, various
10:12:35 apartment association on these kind of matters, so
10:12:38 that we get the language right, and we go after the
10:12:41 people that we are really targeting, and this
10:12:44 ordinance does not do that.
10:12:47 So I urge you to look very carefully at this so it
10:12:50 does not target, you know, people, responsible
10:12:55 landlords that take care of their properties, and
10:12:58 label them as repeat violaters because of association
10:13:03 or whatever.
10:13:06 You know, I would be happy to support it if it comes
10:13:08 back in a rewritten form that targets the intended
10:13:14 violaters.
10:13:14 >>CHAIRMAN: Thank you.
10:13:20 >>> Tony Munice, here to speak on number 74 also.
10:13:26 I'm happy to see the city is making changes to
10:13:29 enforcement.
10:13:30 I think most of the changes will help the city but
10:13:32 there is one change that will not treat all people
10:13:34 equally.

10:13:36 People that own more than one property, people that
10:13:38 are in the rental business, simple math shows that a
10:13:41 person owns 100 homes is more likely to be considered
10:13:44 a repeat offender than the person that owns one home.
10:13:47 Just lick Mr. Scaglione said a few moments ago, I
10:13:50 think there's a lot of positive things to this
10:13:52 provision.
10:13:53 I ask that you go back to staff and redirect staff to
10:13:56 look at this provision that Mr. Scaglione, Mr.
10:14:00 Capitano talked about.
10:14:02 We can't treat people that own a hundred homes, a
10:14:05 hundred properties, the same as a person that has one
10:14:08 property.
10:14:09 You have difficulty with a tenant at times and that
10:14:13 tenant can prevent you from getting everything in
10:14:16 order for code enforcement.
10:14:18 Over time it will happen.
10:14:19 And we need to understand that we need to work with
10:14:21 the landlord on that.
10:14:22 Thank you very much.
10:14:27 >>CHAIRMAN: Thank you.
10:14:28 >>> Two minutes?

10:14:29 Chip Thomas, 1219 East Hender Avenue. I want to make
10:14:31 some comments about Florida and the vulnerability to
10:14:35 climate change and sea level rise should there be
10:14:38 such.
10:14:38 And offer suggestions or steps you can take to reduce
10:14:43 Tampa's impact.
10:14:44 We have 18 million people living within 15 miles of
10:14:49 the coast.
10:14:50 You are talking about 30 feet or less of elevation.
10:14:55 We are basically 18 million people living on a sand
10:14:59 bar.
10:14:59 We are flat as a pancake.
10:15:01 As a peninsula ware all surrounded by water.
10:15:05 We are more vulnerable and have more to lose from sea
10:15:08 level rise than anyplace in the country and short of a
10:15:11 few small island in the South Pacific and Bangladesh
10:15:14 we probably have more risk than anyone in the world.
10:15:16 Why is Florida not far and away out front leading the
10:15:20 charge to reduce emissions and to be environmentally
10:15:23 progressive?
10:15:24 We are not.
10:15:25 We are in the middle of the pack or lower at best in

10:15:27 this country.
10:15:28 So here's four things that you can do, four things
10:15:31 that will cause no pain, maybe a little inconvenience.
10:15:37 Do we need these?
10:15:39 England, China, San Francisco are banning these
10:15:42 plastic bags.
10:15:43 New York, Boston, Phoenix, L.A. are talking about
10:15:46 banning them.
10:15:47 IKEA is charging customers.
10:15:50 Whole foods is eliminating them from their stores.
10:15:52 We don't need these things.
10:15:53 It's an unnecessary use of oil.
10:15:55 The manufacturing of these is nasty.
10:15:57 And so is the burning of them.
10:15:59 Number two, the new bins, collection, garbage
10:16:04 collection bins that the city has.
10:16:05 Can we not get seven days of garbage in those things?
10:16:09 Do we need twice a week pickup?
10:16:12 Those trucks, those garbage trucks are not fuel
10:16:14 efficient.
10:16:15 You cut the fuel cost by half.
10:16:16 You cut the maintenance cost by half.

10:16:21 You double the life of vehicles if you switch to once
10:16:23 a week pickup.
10:16:25 Atlanta, Austin, Phoenix, Gainesville, Jacksonville,
10:16:27 Tallahassee, I believe, all have once a week pickup.
10:16:30 They all have long hot summers.
10:16:32 I put our trash out, three times last year.
10:16:36 Same with yard wake pickup.
10:16:37 We don't need once a week.
10:16:39 Go to every other week.
10:16:42 Third, climate control contributes to climate change.
10:16:46 By that I mean our air conditioning and our heating,
10:16:49 especially where we burn coal.
10:16:51 Everyone in this room practically is wearing a tie and
10:16:53 jacket.
10:16:53 The climate does not address to the way we dress.
10:16:57 It's about time, the subtropics we start dressing to
10:17:01 the climate.
10:17:02 We can expand our range of comfort.
10:17:07 67 when it's cold and 77 --
10:17:09 >>GWEN MILLER: Your time is up.
10:17:10 Thank you.
10:17:15 >>> Not just this room.

10:17:16 All city buildings.
10:17:19 The convention center.
10:17:22 >>GWEN MILLER: Now we --
10:17:25 >>CHARLIE MIRANDA: I don't know if this is true or not
10:17:27 but I have been told that the TECO poles are not
10:17:34 covered, that the pole shown to us is actually a city
10:17:37 pole.
10:17:37 I don't know if that's true or not, that is held to
10:17:40 create electricity to handle the lighting, the
10:17:43 changing of the traffic lights.
10:17:44 I don't know if I am right or wrong.
10:17:47 I'm not asking for a debate.
10:17:48 I am not going to discuss it.
10:17:50 But I want to ask the administration to come back and
10:17:53 tell us if their poles are covered and TECO is not.
10:17:56 That's going to be the answer from them.
10:17:59 Thank you very much.
10:17:59 I just want to put it into the record that that's what
10:18:03 I was told.
10:18:04 >>LINDA SAUL-SENA: You asked me to wait until the
10:18:06 public spoke to bring this up.
10:18:09 I would like to request a staff report at the end of

10:18:12 March, our council meeting, the second -- the third
10:18:17 meeting in March, on something that Pete Johnson
10:18:20 brought up, which was code enforcement working with
10:18:25 the list of homes of foreclosures and how we are
10:18:29 doing.
10:18:29 He said that we have only had one out of 200.
10:18:32 I would like a report on that.
10:18:33 And I would also like a report on how code enforcement
10:18:37 is merging their information on code enforcement
10:18:40 violations with police reports on crime and
10:18:43 prostitution at places that have code enforcement
10:18:46 violations, because seems to me that there's a
10:18:49 correlation, and we should be doing something about
10:18:51 it.
10:18:52 So I would like to make a motion that we have both
10:18:58 those reports at our meeting of March 20th.
10:19:01 >> Second.
10:19:04 (Motion carried)
10:19:05 >>CHAIRMAN: Is there anyone in the public that would
10:19:17 like to request reconsideration of a legislative
10:19:19 matter?
10:19:20 Anyone to request a reconsideration of a legislative

10:19:23 matter?
10:19:23 >>JOHN DINGFELDER: I might suggest we jump out of
10:19:37 order and discuss the code enforcement ordinance since
10:19:40 there are so many people that have spoken to it.
10:19:42 And maybe we can deal with them, be done with it.
10:19:47 We have staff people here.
10:19:51 74.
10:19:52 >>GWEN MILLER: 74.
10:19:53 So we go to item 4.
10:20:00 >>JOHN DINGFELDER: And I had a question or two.
10:20:01 >>> Mueller, assistant city attorney.
10:20:06 There is a substitute ordinance on this.
10:20:11 I think everybody has gotten it.
10:20:13 Let me explain it real quick because I think this will
10:20:15 address a couple of the concerns that you heard.
10:20:16 The first change in the substitute ordinance changes
10:20:20 the definition of repeat violation and changes it from
10:20:23 once in five years to once in three years.
10:20:25 So we shortened up that time.
10:20:29 And the other change is if a violation is a first-time
10:20:33 violation and is not an irreversible irreparable or
10:20:34 serious threat to the public health, safety, the

10:20:39 people do get an opportunity to correct, and we
10:20:42 lengthened that time out to 14 days to 21 days.
10:20:45 >>LINDA SAUL-SENA: Specifically, one of the speakers
10:20:53 said they were concerned about, you know, dividing it
10:20:59 into the A and B for lighter violations.
10:21:03 Do you have anywhere codified how this would break
10:21:06 out, certainly street numbers or some of the more
10:21:08 modest things would be addressed by this?
10:21:11 Do you have that listed somewhere?
10:21:13 >>> If you look at the ordinance, section 23.5-5 is
10:21:19 our schedule of violations.
10:21:21 >> Do you have any more copies of this for people in
10:21:23 the audience?
10:21:24 >>> I have a couple of spare copies.
10:21:28 Not several.
10:21:29 >> In the future it's really helpful when people are
10:21:31 here to speak on something to be able to show them
10:21:33 what they are talking about.
10:21:35 Maybe one of our staff people can go make a bunch of
10:21:38 copies.
10:21:40 >> In section 23-5 you will see it broken up into
10:21:53 class one, two, three, four, class one being more of a

10:21:56 minor type of violation and there's a list of city
10:22:02 code sections under that.
10:22:04 They are mostly chapter 19 and a couple of chapter
10:22:06 27s.
10:22:07 These, if you will see, a first violation would be $75
10:22:10 for a first offense, $150 for second offense.
10:22:15 Each expense gets higher up to a maximum of $450 for a
10:22:19 fourth and subsequent offense.
10:22:23 Then we have a class 2 violation which, as you see the
10:22:27 starting fine for that, a first offense is $150.
10:22:34 These are considered more serious offenses.
10:22:37 Then likewise with a class 3.
10:22:39 And then there's the class four which is $450 for each
10:22:42 and every offense.
10:22:43 So all code violations will not be treated equally.
10:22:48 There are some that are considered more severe and
10:22:50 will have a higher penalty for a first offense and
10:22:54 subsequent offense, and then there's some that are not
10:22:57 considered as severe and will have a smaller fund.
10:23:18 Do you have any other questions on this?
10:23:19 I know there's been some concern with did rental
10:23:21 property -- I guess the landlords.

10:23:28 We did meet with a couple of representatives and we
10:23:31 told them.
10:23:36 If it's not a repeat violation or irreparable, they
10:23:40 will have the 21 days to correct it.
10:23:42 And one of their concerns was, gee, what if we have
10:23:46 like a tenant that's interfering with our ability to
10:23:48 correct that violation in that time?
10:23:50 Certainly, they could talk to the department of code
10:23:53 enforcement and let them know what their difficulties
10:23:58 are.
10:23:58 And I'm sure, I don't want to speak for Curtis, but --
10:24:06 if they are having problems.
10:24:08 I guess address that concern.
10:24:10 >>MARY MULHERN: On that topic, what I was hearing from
10:24:16 some of these people who aren't happy with it -- I'm
10:24:21 trying to understand it -- if you own multiple
10:24:23 properties, do those get combined as far as how many
10:24:28 notices you get?
10:24:31 >>> What we are trying to address there, initially, is
10:24:34 one of the areas that this can cover, that the other
10:24:38 code enforcement procedures do not cover, which would
10:24:42 be like the Cord Enforcement Board, is we have an

10:24:44 issue out there with tree trimming companies that
10:24:48 travel around, stop at different places, and say, you
10:24:51 know, like might stop and go, hey, you need these
10:24:55 trees trimmed.
10:24:56 Hey, you're right.
10:24:57 And you hire them to do that and they may totally trim
10:25:00 it incorrectly.
10:25:02 They may not get a permit like they are supposed to
10:25:04 do.
10:25:04 They may sometimes take down a grand tree.
10:25:08 A protected -- protected tree you have to -- if you
10:25:13 trim it wrong not within the standards, that could ab
10:25:16 violation, too.
10:25:16 But we don't want to necessarily go after the property
10:25:18 owner which is the only thing that Cord Enforcement
10:25:20 Board would allow.
10:25:22 We want to be able to cite the people that actually
10:25:29 did the damage to the trees.
10:25:30 And if we only allow it on one property, they will
10:25:34 never be considered a repeat violator.
10:25:36 They are going to be moving from property to property,
10:25:38 and so if they do it, you know, make-oh violate the

10:25:42 code on property one, and on property two, we want to
10:25:46 be on property two to consider them a repeat offender.
10:25:50 Otherwise we are going to be stuck with them being a
10:25:53 repeat offender only if they did it on the same
10:25:55 property.
10:25:56 In the broader terms, yes, if you have a landlord that
10:25:59 has multiple properties out there, and let's say they
10:26:03 are cited for, I guess, accumulations or some sort of
10:26:07 structural issue on property one, the way this is
10:26:10 written, yes, they will then be, you know, if they
10:26:13 have another property, and they have accumulations, or
10:26:17 the same type of violation on that other property
10:26:19 within three years, they will be considered a repeat
10:26:21 offender.
10:26:23 I guess the question is, whether you want to allow
10:26:25 them to have, okay, you get one chance on this
10:26:28 property, and then you will get another chance on that
10:26:31 one.
10:26:31 Do you want to hold them responsible for maintaining
10:26:33 the property just like any other property owners?
10:26:36 >>MARY MULHERN: I understand that.
10:26:37 But the other question related was that question of

10:26:40 the partnership.
10:26:44 A partnership with someone, and this piece of property
10:26:47 we own is not in violation, but something that he owns
10:26:51 outside of his partnership with me is in violation.
10:26:54 Do I become --
10:26:57 >>> what they are addressing --
10:26:58 >> Or do you add those together?
10:27:00 I guess that's the question.
10:27:01 >>> Well, if you look at chapter -- section 23.5-3
10:27:07 which is definitions -- page 2.
10:27:19 That's not everyone a change.
10:27:21 That's a definition.
10:27:24 And this is to define the fact that this F you want to
10:27:27 cite -- you can cite corporations or partnerships.
10:27:29 It doesn't have to be individuals.
10:27:31 For example, a watering violation that might happen at
10:27:35 a McDonald or some fast food restaurant, their
10:27:40 sprinklers come on in violation of the ordinance.
10:27:42 We want to be able to get the franchise owner, not the
10:27:48 19-year-old manager who happens to be on duty at the
10:27:51 time.
10:27:51 That's the purpose of that.

10:27:52 That we don't relegate ourselves to a natural person
10:27:56 but we do have the opportunity to cite -- say, no, I'm
10:27:59 a corporation, not a person, a partnership, not a
10:28:02 person, I'm an LLC.
10:28:04 It allows us -- it doesn't restrict us to just natural
10:28:06 people, if it's a violation of a corporation or
10:28:12 partnership that we can cite the partnership or
10:28:16 corporation.
10:28:16 >>GWEN MILLER: Mr. Capitano, what page is it on?
10:28:28 >>> Page 2 all the way down at the bottom where it
10:28:30 says any natural person, firm, co-partnership,
10:28:36 association, or corporation, meaning that you should
10:28:38 be able to fine a corporation but not that it's
10:28:41 commingled with something that you own maybe
10:28:43 personally or you own through another partnership.
10:28:46 It should stand on its own.
10:28:47 And the other issue is just that the violations on a
10:28:51 particular property stand on its own, not that because
10:28:55 you had 50 properties, and you become a repeat
10:28:58 offender because of one property you had now you are
10:29:02 classified a repeat offender.
10:29:04 Any of your other properties, 49 properties, you get

10:29:06 hit on, now you're wracking up fees where if it has to
10:29:12 do with that particular property and you have a
10:29:14 problem with that particular property, then you get it
10:29:16 corrected but not that it extends to every other
10:29:18 property you own and every property you have an
10:29:21 interest in, whether it's a corporation, a
10:29:22 partnership.
10:29:23 Just those two provisions Ned to be changed.
10:29:25 Other than that, this is a great ordinance.
10:29:27 Staff has done a good job and we need it.
10:29:29 Thank you.
10:29:35 >>GWEN MILLER: Did you hear that?
10:29:36 >>> I think one of concerns here -- and Mr. Dingfelder
10:29:41 is an attorney so you understand this -- with this
10:29:44 definition of person bringing in partnerships and
10:29:47 stuff, we are really not going to -- what we are
10:29:50 looking at is citing the partnership.
10:29:52 If a partnership owns two properties, then that
10:29:56 partnership is going to be held responsible for both
10:29:58 properties.
10:29:59 If a person is a partnership in one and a partnership
10:30:07 in another piece of property, totally different

10:30:08 partnership, they are not going to be held
10:30:10 responsible.
10:30:10 It's the partnership that is going to be held
10:30:12 responsible, not the individuals.
10:30:28 >>MARY MULHERN: The partnership, A and B on this
10:30:31 building has a partnership.
10:30:32 >>> Then A and B could be held responsible as a repeat
10:30:35 violator, the way it's written now, on the first
10:30:39 property, second property.
10:30:40 But if A is a partner in one, and A is a partner in a
10:30:45 different property with a totally different
10:30:47 partnership, that's not going to create -- it's the
10:30:50 entity, the partnership.
10:30:51 A and B partnership.
10:30:55 >>CHARLIE MIRANDA: I would like to ask a couple of
10:30:58 questions.
10:30:58 How does this mirror the water ordinance?
10:31:02 If you get find, you get fined for the other
10:31:05 properties without committing an act?
10:31:08 >>> I think probably the best person to discuss this
10:31:11 is David, that aspect of it.
10:31:16 >> And B, do we just go by the record of the office

10:31:24 and the courthouse, or who owns the property?
10:31:26 Or do we look at who has the water bill in his name?
10:31:30 Or do we look at who has the electric bill in their
10:31:33 name?
10:31:34 Do we cross reference it and make sure it is that
10:31:37 person this.
10:31:37 >> Is that on the watering violation?
10:31:40 >> On all of them.
10:31:40 >>> Okay.
10:31:41 All but the watering violation.
10:31:44 What would be done is looking at who is the owner of
10:31:47 record with the property appraiser.
10:31:49 >> But that doesn't mean he's the violator.
10:31:51 >>> Correct.
10:31:52 >> Then how do we ticket the person?
10:31:56 >>> The individual.
10:31:58 Okay. Let's say if it's a ten apt type situation
10:32:01 where someone might have an inoperable motor vehicle
10:32:05 parked, find out it's the tenant, then it's going to
10:32:08 be up to department to investigate and find out who
10:32:12 the tenant is.
10:32:14 >> Why can't we do it before we do what we are doing

10:32:16 to cut the double work that we are going to do and
10:32:20 find out who really lives there sh?
10:32:23 Is it owned by properties, owned by a corporation, is
10:32:25 it leased? You can find that out by just simply going
10:32:28 to the records, the public records of the water bill,
10:32:32 and most of the tenants have their own water meters.
10:32:35 And if you find out who that is, then at least you
10:32:38 have something to work on.
10:32:39 You can go directly to the violator.
10:32:41 If we go by the records of the courthouse as to who
10:32:45 owns the property that person or that group of persons
10:32:46 or those individuals or that entity may not be the one
10:32:50 responsible who receives the fine.
10:32:53 >>> And I do think the department of code enforcement
10:32:55 would be doing that investigation beforehand before
10:32:58 they write a citation.
10:33:00 >> Okay.
10:33:00 >>> And, you know, like I said, Dave Shobe who
10:33:06 prosecutes the watering --
10:33:09 >>CURTIS LANE: Councilman Miranda, as a rule of thumb
10:33:11 what we do on any property, whether it be department
10:33:17 or whatever, we check with the property appraiser's

10:33:19 office to determine the exact owner of that particular
10:33:21 property.
10:33:23 That's a standard.
10:33:24 That's a rule with code enforcement.
10:33:26 We do that with every instance of a structure, it
10:33:29 could be a vacant lot, or whatever.
10:33:31 We do that as not a cursory but, you know, every
10:33:40 inspector knows that he or she is supposed to make
10:33:43 sure that they are the proper owner for that
10:33:45 particular address, or the vacant lot or not.
10:33:50 That's what we do.
10:33:51 >>CHARLIE MIRANDA: I could understand the vacant lot.
10:33:53 Nobody has any house there.
10:33:54 But the owner.
10:33:56 But a house that's rented, we don't check anything
10:33:58 else, the water department, the cross reference, if
10:34:02 that's the individual whose water bill it's in matches
10:34:05 the owner?
10:34:06 >>> We check all of the above.
10:34:07 >>CHARLIE MIRANDA: Thank you very much.
10:34:09 And I'm sorry, I apologize to Judy Lisi.
10:34:12 I didn't see her back there sitting behind the broad

10:34:15 shouldered individual.
10:34:18 >>CHAIRMAN: Mr. Dingfelder?
10:34:20 >>> David Shobe, one of the city's municipal
10:34:23 prosecutor.
10:34:24 To answer your question, councilman Miranda, the water
10:34:27 citations actually will be written pursuant to this
10:34:31 ordinance.
10:34:34 The water citation program is probably your best
10:34:37 example of how this program would operate.
10:34:40 This 22.5 basically is what allows us to issue
10:34:44 citations.
10:34:44 What we have done, you will notice I believe it's
10:34:48 class 2 violation, 26-97 is the water conservation
10:34:53 ordinance.
10:34:54 That is where we write our water citations on.
10:34:58 Now, in those citation it is violater is determined by
10:35:04 the water bill, the department goes through, and
10:35:06 whoever has the water violation is written.
10:35:12 I have had experience with the criminal code
10:35:14 enforcement program where we have cited tenants.
10:35:16 I can say that code enforcement has done an excellent
10:35:19 job in the criminal context of bringing forward both

10:35:26 property owners and tenants and generally I found the
10:35:29 code inspectors ow in the field are able to make that
10:35:32 determination.
10:35:32 Generally they know the tenant that lives at a
10:35:36 property -- and I have had several instances where
10:35:38 they told me that they are citing a tenant because
10:35:40 they believe the property owner in this instance is
10:35:42 not the one responsible for the violations.
10:35:47 >>CHAIRMAN: Mr. Dingfelder.
10:35:48 >>JOHN DINGFELDER: First I want to say that I think
10:35:51 the citation process is a good one because it's going
10:35:54 to give the code enforcement department the teeth it
10:35:57 needs to enforce law and make our city a better place.
10:36:00 With that said I do have a couple of questions.
10:36:03 Ernie, back in the hot seat here.
10:36:07 On a lighter note, did you team up with Pete Johnson
10:36:10 because you're Ernie and he brought big bird?
10:36:16 >> Ernie Mueller: No.
10:36:19 >> Anyway, have you had any conversation with Jennifer
10:36:21 about that issue?
10:36:22 >>> No.
10:36:22 And I don't know where that information came from.

10:36:24 I wrote that down.
10:36:25 That was one of the things I was going to talk to you
10:36:28 about.
10:36:28 Licensed contractors, as far as our code violations
10:36:31 would be under chapter 5 which is the building
10:36:33 permitting issues.
10:36:34 And if you look under our schedule of violations and
10:36:38 penalties, there's no chapter 5.
10:36:40 We are not covering that.
10:36:41 Now, if a licensed contractor leaves a junk pile there
10:36:45 and then gets cited, they have potential as being the
10:36:48 person held responsible for the junk trash and debris.
10:36:51 But as far as issues that might be permitting nature
10:36:54 or construction nature, and certainly at this point --
10:36:59 >> I'm glad you clarified that.
10:37:01 Because licensed contractors shouldn't be allowed to
10:37:03 leave their construction sites a big mess and
10:37:06 sometimes they do and I hope that code enforcement
10:37:09 uses this as -- because they shouldn't be exempt from
10:37:12 that.
10:37:12 They should have construction sites.
10:37:16 At the end of the day, especially when they are in the

10:37:19 neighborhood, and I see this all the time up and down
10:37:21 in through our neighborhoods.
10:37:22 I just want to make sure that licensed contractors
10:37:28 aren't treated any better, any worse in this process.
10:37:31 At the same time they are controlled through our
10:37:34 building program.
10:37:35 >>> And to point out real quick, too, the whole
10:37:38 contracting licensure issue and stuff like that is
10:37:40 preempted through the county so we don't have
10:37:42 jurisdiction.
10:37:42 >> You had a community meeting after our last
10:37:46 discussion, in between now and then.
10:37:47 >>> We didn't have a community wide.
10:37:50 We had a meeting with Mr. Michelini, Mr. Scaglione,
10:37:59 but, yes, we had a meeting.
10:38:01 >> So at least we extended ourselves to discuss these
10:38:04 things.
10:38:04 And it looks like you made two changes.
10:38:13 I'm not completely sure on where we stand on this
10:38:15 partnership issue.
10:38:18 Because I can see in regard to what Mr. Capitano said
10:38:22 and some of the others, that if you are out there, you

10:38:24 know, having 5, 10, 15 partnerships or various
10:38:28 buildings or homes or what have you, and one of them
10:38:34 gets cited that you happen to be a partner on, all of
10:38:37 a sudden for the next three years, you could
10:38:40 theoretically be, you know, thrown into that scofflaw
10:38:48 property.
10:38:49 And then even though you may not have a whole lot of
10:38:52 control of that partnership property, the next time
10:38:54 you are automatically in that sort of scofflaw
10:38:56 category.
10:38:57 So if I'm stating wrong, or if the application is
10:39:01 going to be different, I need to hear about it.
10:39:02 >>> David Shobe would like to address you on that and
10:39:08 then I may want to address you afterward.
10:39:12 >>> David Shobe: By an experience of what I have
10:39:15 experienced with water citations, when you cite a
10:39:18 corporation or partnership, for the purposes of that
10:39:20 repeat violation, the repeat would be the same
10:39:23 partnership name.
10:39:26 An example, the 7-Eleven, the southland corporation,
10:39:31 the water department actually keeps track even within
10:39:33 that corporation of only that particular location for

10:39:39 the purpose of subsequent violations.
10:39:40 So even though they may have cited 20 different
10:39:47 7-elevens you are not going to have that same problem.
10:39:49 You are going to have a citation written in the name
10:39:52 of the corporate partnership.
10:39:54 So it could be a problem in the terms of your
10:39:57 partnership, your legal entity is going to have that
10:40:00 citation.
10:40:00 But you are never going to break that down into
10:40:04 individual partner.
10:40:04 >> Then let's look at the ordinance itself because
10:40:06 these not the way the ordinance reads.
10:40:09 I'm looking at the definition.
10:40:11 The definition seems to give the department the
10:40:14 ability to cite not only the entity, but also the
10:40:21 individual partners or the officers and directors of
10:40:24 that entity.
10:40:26 It goes a little bit further than what you are saying.
10:40:29 I think what you are saying in real application, maybe
10:40:31 we are not doing it.
10:40:32 And I realize we are not even changing this.
10:40:34 This is the existing language.

10:40:35 But I have some concern, the community has some
10:40:39 concern that we are giving ourselves a little too much
10:40:43 leeway in that regard.
10:40:45 And then, you know, I don't know, Ernie, David, do you
10:40:50 want to speak to that?
10:40:55 Oh, the on the part is the last sentence of page 2
10:40:57 says not withstanding that the violations occurred in
10:41:00 different location.
10:41:01 And that's really contrary to what David just said.
10:41:03 >>> I was looking at this.
10:41:06 I think what we can do -- and I can probably each get
10:41:08 it done today and maybe do another substitute -- is
10:41:12 get rid of the line under the definition of "person"
10:41:16 saying if other than a natural person citation shall
10:41:18 be issued in the name of an individual who is an
10:41:21 officer, director, partner in the name of the firm and
10:41:23 put in there that it would be then put in the
10:41:25 registered agent.
10:41:27 If it's a corporation.
10:41:27 >> So you want to substitute, what, registered agent
10:41:31 for the entity?
10:41:33 >>> No.

10:41:35 Putting it in the name of an individual person, that
10:41:37 they would be cited as either as a -- if it's a
10:41:41 corporation, a registered agent.
10:41:47 >> As the registered agent?
10:41:49 >>> Correct.
10:41:50 If it's a corporation.
10:41:51 >> Okay.
10:41:52 And then I think that might be a helpful fix and maybe
10:41:56 alleviate some of the concerns that have been raised.
10:41:59 The other comment I have is, in regard to the number
10:42:04 of violations, if you have one violation, then for the
10:42:08 next three years you're on the red list.
10:42:10 >>> Correct.
10:42:10 >> And I'm just wondering, is that a long period of
10:42:16 time?
10:42:16 I know you started out as five years being on the
10:42:19 list.
10:42:19 Now you are on three years.
10:42:21 And I'm just wondering, I mean, you guys have been in
10:42:23 this business a long time.
10:42:25 That seems like a long time to be on the list.
10:42:28 It's like what if you go, okay, you know, I cleaned up

10:42:32 my act and for the last two years, maybe two years I
10:42:34 have been good.
10:42:36 Should we start easing up on that person?
10:42:38 >>> I think if you ask some people they would say it's
10:42:44 not enough, it's not tough enough.
10:42:46 And others are going to say -- and others said it's
10:42:50 too much.
10:42:50 We think it's a good balance.
10:42:52 Our goal is to have an effective code enforcement
10:42:54 system that's going to make people responsible for
10:42:57 copying their property in compliance, and for not
10:43:01 violating the code.
10:43:01 >> People getting the citation have the right of
10:43:04 appeal.
10:43:05 It's like a parking ticket.
10:43:07 If I don't think I deserve that speeding parking
10:43:09 ticket --
10:43:10 >>> exactly.
10:43:11 >> I can do the same thing with this?
10:43:12 >>> Yes.
10:43:14 The opportunity to contest it in court.
10:43:19 >> In court?

10:43:20 What kind of court?
10:43:21 >>> It's like a citation.
10:43:23 The county court.
10:43:25 County court or civil court?
10:43:28 County court.
10:43:28 >> I'll defer to staff on the number of years.
10:43:32 I think the community should recognize that if this is
10:43:35 being abused by staff over the next year or two,
10:43:37 community needs to come to council and tell us about
10:43:40 the abuses and we'll amend it again.
10:43:43 But I think we need to change the definition of what a
10:43:45 person --
10:43:46 >>> yes, if you want I can bring that back.
10:43:54 >> Not withstanding different locations, each location
10:43:57 stands on its own.
10:43:58 I think that would clear up this whole issue, because
10:44:03 if a property has a problem, correct that property.
10:44:08 >>JOHN DINGFELDER: But if you have, let's say, one
10:44:11 person is a bad apple, okay, and they got 20
10:44:14 properties, okay, and they can clean up that one
10:44:16 property, and the other 19 properties continue to be
10:44:19 bad.

10:44:19 And so each one -- what you are suggesting, each one
10:44:22 is going to stand on its own, and if the city chant
10:44:25 chase after that bad person, and each of their bad
10:44:29 properties, I like the idea of different locations
10:44:31 because I understand where they are coming from.
10:44:32 I think if you are a multiple owner, you need to be
10:44:37 responsible at all those different locations.
10:44:39 >>> And I you should be.
10:44:41 But there's in provision for multiple property owner.
10:44:43 This has the same penalty for a person owning one
10:44:48 property versus 50 properties.
10:44:49 If a property has a problem, they should be corrected.
10:44:53 But not that it applies to every other property you
10:44:56 own.
10:45:00 And that last sentence begun not with City of Tampa is
10:45:02 thing violations at different locations.
10:45:04 I want to make sure at this partnership that nothing
10:45:06 is commingled.
10:45:07 I understand that the onus the language is providing
10:45:11 but none of the corporations or partnerships are
10:45:13 commingled.
10:45:14 That's, I guess, the meat and potatoes of it.

10:45:17 Thank you.
10:45:18 >>MARY MULHERN: I felt satisfied that you explained
10:45:21 it, that it would only be the entity that would -- I
10:45:28 feel because you are a multiple property owner, you
10:45:30 shouldn't be treated better than someone who just owns
10:45:34 one property.
10:45:34 So I think it's just the burden of your responsibility
10:45:38 of ownership.
10:45:39 And the burden to your community.
10:45:49 >>LINDA SAUL-SENA: I'm clear.
10:45:49 >>GWEN MILLER: I would suggest we let them work on
10:45:53 this.
10:45:54 >> No, I think we can do that now.
10:45:56 >>CHAIRMAN: He has to work on it and bring it back to
10:45:58 us.
10:45:59 >>JOHN DINGFELDER: Just the definition of person.
10:46:01 And you need to do it before 11:30 because Charlie has
10:46:06 to leave.
10:46:06 >>GWEN MILLER: We are going to go to 73.
10:46:09 Judy Lisi has to get back.
10:46:11 Judy Lisi on item number 73.
10:46:14 >>CHARLIE MIRANDA: I apologize to all.

10:46:19 I told her we would be a little behind.
10:46:21 Before she comes up, she's been recognized by the
10:46:25 Patrick case life achievement award for international
10:46:28 society of performing arts as the most outstanding
10:46:32 executive of over 600 Executive Directors throughout
10:46:34 not only this country but more than 50 countries in
10:46:41 the world as number one.
10:46:42 We want to thank you for that, also.
10:46:45 >>GWEN MILLER: Don't sit behind broad shoulders.
10:46:48 >>> Well, thank you very much.
10:46:51 Judy Lisi, president of the Tampa Bay performing arts
10:46:53 center.
10:46:58 Because the city actually owns the Performing Arts
10:46:59 Center and not for profit manages it for the city I
10:47:02 think it's appropriate that we -- go before the body
10:47:05 and give you a report.
10:47:06 We are having our annual report actually Monday night,
10:47:09 our annual meeting.
10:47:10 We hope you will all be able to attend.
10:47:17 I am happy to report a very good year but I think the
10:47:20 story of the performing arts center is really not
10:47:23 about the numbers.

10:47:26 We are the fifth largest Performing Arts Center in the
10:47:28 nation right now with the largest cultural
10:47:30 organization in the State of Florida.
10:47:35 We have over 700,000 people come to our shows every
10:47:37 year and we actually entertained our 10 millionth
10:47:42 patron is here.
10:47:43 But the story of the performing arts center is really
10:47:52 the individuals who come and our students and the
10:47:56 young people we reach in the school system and in our
10:47:58 outreach program.
10:48:01 As you know the conservatory is now three years old
10:48:04 and I'm happy to say it continues to grow and
10:48:06 flourish.
10:48:08 Our youth orchestra for the second time was invited to
10:48:12 Carnegie hall this year.
10:48:13 But to give you an idea of the personal story, we had
10:48:18 a young musician 15 years old who had bone cancer, and
10:48:23 he had to have surgery, and he worked so hard for one
10:48:26 reason, he was going to make it back into the
10:48:29 orchestra in time for the concert at Carnegie hall,
10:48:34 and he did it.
10:48:35 And he credits that with inspiring him in his

10:48:38 recovery.
10:48:40 We have another young fellow who lost a mother and he
10:48:43 didn't talk for a year and a half.
10:48:45 He was in foster care.
10:48:46 He came to one of our tango programs, over four
10:48:52 months, and saw a real show and he started talking
10:48:55 after that.
10:48:56 And the thing about the arts that I think is always so
10:48:58 incredible, and as you know, I am really an educator,
10:49:01 is that the arts give our young people, especially our
10:49:04 at-risk youth, a voice very orphan that they don't
10:49:07 have.
10:49:08 They are dealing with so much internally, and so many
10:49:11 problems, and so many times are at risk children of
10:49:16 defined by their circumstances, but they have all of
10:49:18 the potential.
10:49:20 And what the arts do very, very often is give them a
10:49:23 new vocabulary, a new way of expressing themselves,
10:49:26 and it opens a door to a future that they never knew
10:49:30 they had.
10:49:30 And that's why we are so committed.
10:49:32 As much as we are committed to the great shows that we

10:49:35 have on our five stages, and we do, we have jersey
10:49:39 boys, 100,000 people are going to come to see just
10:49:43 that show, but it's the individual stories that I want
10:49:45 to remind you, our own performing arts center, our
10:49:52 partnership is reaching those people in a new way, and
10:49:55 it's helping to develop wonderful citizens who are
10:49:58 going to be able to express themselves and find new
10:50:02 opportunities and tan these skills with them in life
10:50:04 wherever they go.
10:50:05 We are also planning -- evolving a partnership we have
10:50:09 with Metropolitan Ministries.
10:50:11 These young people are very orphan transient.
10:50:13 They don't have any stability in their life at all.
10:50:17 And we are asked by this wonderful man, Tom, who will
10:50:21 come and talk about the work they are doing at their
10:50:24 charter school, but he said, please, can you come
10:50:27 here?
10:50:27 Because he said we don't have enough art programs.
10:50:30 And so we are doing the hip hop program, the music
10:50:34 program, a ballet program, and he's wearing ballet
10:50:38 shoes around his neck to remind kids, they love it and
10:50:41 they are starting to express and talk about their

10:50:44 lives.
10:50:44 Now, we don't know what's going to happen with these
10:50:49 young people but we know at one moment at that charter
10:50:52 school they are going to see that there's a door to
10:50:54 another life, another way, a bridge to a fuller life,
10:50:57 and that's what we are trying to do.
10:50:59 I want to personally thank councilman Miranda for
10:51:02 serving on our board.
10:51:03 He's been terrific.
10:51:07 Many of you have supported the arts so well.
10:51:08 I also know we are going to be dealing with very, very
10:51:12 difficult issues because of the cuts.
10:51:16 We understand that.
10:51:17 But I want to keep in front of mind the work that's
10:51:20 happening within the performing arts center and in the
10:51:22 performing arts field we have this thing called
10:51:25 "beyond the walls."
10:51:27 And we are very committed to bringing the possibility
10:51:36 of the arts to the neighborhood.
10:51:38 We had a big presence in the Martin Luther King parade
10:51:43 this year.
10:51:43 And we are offering a scholarships to them as well.

10:51:48 So with that, I will say thank you for all the good
10:51:53 work you do and we do appreciate your support of
10:51:55 making Tampa a thriving city.
10:51:57 I did want to say one more thing, though.
10:51:59 I just remembered.
10:52:00 You know, the Tampa Bay Performing Arts Center was the
10:52:03 first major Performing Arts Center in the State of
10:52:05 Florida.
10:52:06 Since then, Miami now has the major performing arts
10:52:11 center.
10:52:12 Ft. Lauderdale has one.
10:52:14 West Palm has one.
10:52:15 Now Orlando has announced a half a billion dollar
10:52:18 Performing Arts Center.
10:52:19 We are 20 years old now.
10:52:21 We are still the leader.
10:52:22 We are still the granddaddy of the perform arts
10:52:26 centers in Florida but we are a 20-year-old building
10:52:29 and we are going to need to really keep it state of
10:52:32 the art.
10:52:32 And if any of you do come to shows there, if you see,
10:52:35 we are so maxed out in terms of our facilities, in

10:52:39 terms of our arrival plaza, the cars are just waiting
10:52:43 for like a half hour to 45 minutes to unload in front
10:52:46 of the arrival plaza, and they are out on Ashley.
10:52:52 So we do have some big challenges coming up and I will
10:52:54 come to you at some point with how we feel we need to
10:52:58 transform that whole area.
10:53:00 And we are working with Santiago and the city and they
10:53:03 know about it.
10:53:03 But thank you.
10:53:06 >>GWEN MILLER: Keep up the good work.
10:53:08 We now go back to item number 4, asked that we not
10:53:14 read that, that we send it to the Planning Commission
10:53:16 before we accept it.
10:53:17 >>JULIA COLE: Legal department.
10:53:19 I did want to let you know that I have made one minor
10:53:22 change to the ordinance that I have provided to you,
10:53:25 which you can again provide to you with the changes,
10:53:28 or you can just allow me to send over my changes.
10:53:31 A minor change.
10:53:34 Strap the provision under F which related to
10:53:37 agreements of Hartline because I was under the
10:53:39 understanding that we didn't have an existing

10:53:41 agreement.
10:53:44 So I need to unstrike that language.
10:53:46 So I can give that to you for your review and just
10:53:49 would request that you allow me to transmit it to the
10:53:53 Planning Commission for their review and then it will
10:53:56 come back to you on first reading.
10:53:57 >>MARY MULHERN: Today we are just transmitting to the
10:54:02 Planning Commission.
10:54:03 We'll come back for first reading.
10:54:05 >>LINDA SAUL-SENA: I just want to make sure that we
10:54:07 can send up to 50% on transit related -- does this
10:54:12 draft show that we can spend up to 50% of
10:54:15 transportation concurrency money on transit related?
10:54:18 >>> This would do two things.
10:54:20 It would provide for the use of the funds for transit
10:54:22 which in essence when do today, we do give moneys to
10:54:29 Hartline, so codifying in some form or fashion what we
10:54:33 do today.
10:54:33 It's also increasing the limits which we have, which I
10:54:36 believe are 3 and 6% depending on your location, going
10:54:41 from 3 to 6%, and all impact fee zones and up to 50%
10:54:46 downtown and the Westshore business district.

10:54:48 >> Why did we keep it low in the other zone?
10:54:52 >>> That's a question I would prefer probably defer to
10:54:57 staff on.
10:54:57 >> Because whatever we send to the Planning Commission
10:55:00 we are going to get back.
10:55:01 And if you want to make any changes, today is the time
10:55:04 to make them rather than after we send them over.
10:55:08 >>> I think a change like that is something within
10:55:10 your policy discretion.
10:55:12 Make them later.
10:55:13 I would ask for staff comment.
10:55:15 >> One other question before staff comes up.
10:55:17 Does this relate also to pedestrian improvement?
10:55:20 >>> This is not specifically relate to pedestrian --
10:55:23 >> But does it include pedestrian --
10:55:27 >>> that's a very difficult question because
10:55:29 pedestrian improvements are not traditionally items
10:55:32 that you can include as part of your impact fees,
10:55:34 because of the nature of impact fees.
10:55:36 The nature of impact fees is to have people pay into
10:55:40 the system, so the impact traditionally has been on
10:55:44 the roadways and not the way it is today.

10:55:46 With transit and because of the changes in Florida law
10:55:50 relating to transit not being just an amenity which I
10:55:53 think is how it's been viewed in the past, as an
10:55:55 amenity to those who maybe can't afford to buy a car
10:55:59 and utilize our roadways, it has really been changed
10:56:02 over in Florida, and the Florida legislature, as part
10:56:06 of what's coming forward in your comprehensive plan as
10:56:09 a mechanism to take cars off the roadway.
10:56:12 If you start talking about utilizing it for pedestrian
10:56:15 improvements, I'm not sure legally you can.
10:56:19 And if you want to go in that direction that will take
10:56:22 some research on the part of the legal department,
10:56:24 because it is not considered part -- to take cars off
10:56:30 the road.
10:56:31 >>LINDA SAUL-SENA: I feel very strongly about this.
10:56:33 I don't want to hold this up right now.
10:56:35 But I have served for 21 years ago I began serving on
10:56:39 the MPO and in those days all we did was build roads.
10:56:42 Particularly in our urban areas like Westshore, but
10:56:46 even more so downtown.
10:56:47 We cannot widen our roadway.
10:56:50 The things we can do are provide transit and provide

10:56:56 improvements so hope we capture people in the area and
10:57:00 not having to widen roadways.
10:57:02 Traditional definition of transportation was
10:57:05 transportation equaled cars and road widening and we
10:57:08 don't believe that anymore.
10:57:09 And I think that it's appropriate to re-think
10:57:13 transportation impact fees in terms of overall
10:57:17 transportation, which includes transit and includes
10:57:20 pedestrians.
10:57:20 In an effort not to slow things up, I am going to
10:57:23 support this going ahead today with the provision that
10:57:25 it can be up to 50% anywhere in the city, because I
10:57:28 think anywhere in the city way should consider at
10:57:32 least transit.
10:57:33 But I'm going to have you go back and do additional
10:57:35 research for the future, because the century
10:57:39 commission just came out last week, which was ordered
10:57:41 by the governor for the State of Florida about the
10:57:43 future of this state, and it very clearly says we have
10:57:47 got to move to transit systems, and therefore part of
10:57:49 the impact of new development is for pedestrians and
10:57:54 for transit.

10:57:54 And I think we need to think for the future.
10:57:59 >>JOHN DINGFELDER: It's interesting, Julia, and I
10:58:06 understand traditionally the issue, use the money to
10:58:09 take cars off the road, but I think Ms. Saul-Sena
10:58:11 makes good sense, that if you have improved bikeways
10:58:14 and you have better sidewalks, then there's a
10:58:17 possibility that you are going to take that one person
10:58:20 off the road if they choose to ride their bike or walk
10:58:24 to work.
10:58:26 We have areas of town now where you have like
10:58:29 downtown, or Westshore, and those areas where you now
10:58:31 have residential, not too far away, perhaps bike
10:58:34 riding or walking distance from a lot of businesses.
10:58:37 And so I think that it's very feasible that we could,
10:58:40 you know, change that mind-set, and change, you know,
10:58:43 that interpretation to go in that direction.
10:58:45 >> What I really hear you saying though is how you
10:58:48 define transit, not so much another amenity but it's
10:58:51 what does it mean to be a transit mode.
10:58:54 >> However you want to get there, you get there.
10:58:57 So I would encourage you before it comes back to us
10:58:59 for first reading that you do that research that's

10:59:03 necessary for that.
10:59:05 And Ms. Saul-Sena, I am going to second your motion
10:59:08 that before we modify for transmitting to amend to the
10:59:11 be up to 50% anywhere in the city.
10:59:13 Because I agree with you.
10:59:14 We are changing city.
10:59:16 And just because right now we are a downtown, and what
10:59:20 was the other area, Westshore, might be the areas we
10:59:22 are will go at right now, you know, in Hyde Park
10:59:25 Village, we had a little trolley service there, we
10:59:29 couldn't afford to keep running.
10:59:30 So now we backed away from it.
10:59:33 I don't know if that's included in the definition of
10:59:34 downtown.
10:59:35 There are other parts of the city that are asking for
10:59:37 these types of amenities.
10:59:41 >>STEVE DAIGNAULT: I appreciate the opportunity to
10:59:43 mention something here.
10:59:45 The reason we went to 6% in the four areas, and then
10:59:51 up to 50 in the downtown and Westshore area, was it
10:59:55 has been traditionally up to 3%, so we were doubling
11:00:02 it.

11:00:02 The intent from the administration's perspective is we
11:00:05 want to be able to assist heart with circulators had
11:00:09 downtown and in Westshore.
11:00:10 These moneys have to be used within the various
11:00:13 districts.
11:00:14 So it is very much dependent upon the amount of impact
11:00:20 fee money that comes in.
11:00:22 So 3% increase for a small amount of money really
11:00:28 doesn't get you a lot of money.
11:00:31 >> That's why I want to go up.
11:00:35 >>> I understand.
11:00:36 And if it's your direction we can do that.
11:00:38 But it's still segmented, still a little piece here, a
11:00:41 little piece hear.
11:00:42 So again, our thinking was, let's get the circulators
11:00:46 going in downtown, and in the Westshore area, and, you
11:00:49 know, try to get those to move forward and become
11:00:53 successful.
11:00:55 Also, part of this change is to open the door for
11:01:00 transit and transit related items which the city can
11:01:04 spend at its discretion up to 100% of that amount in
11:01:09 any district that it chooses.

11:01:10 We are just talking this percentage.
11:01:12 We are just talking about the maximum that we would
11:01:17 reimburse heart for operations.
11:01:19 So we are not limiting the city's ability to use this
11:01:21 money for transit.
11:01:24 We are just again identifying a cap on the amount of
11:01:27 money up to that limit, we would be able to provide to
11:01:31 Hart for assistance in those various districts.
11:01:34 >>MARY MULHERN: I'm glad you brought that up.
11:01:37 So this is only addressing our impact fees as a
11:01:41 contribution to Hart?
11:01:44 Is that how it's written?
11:01:45 >>> There are two pieces.
11:01:46 Let's address the piece first.
11:01:48 And at the very top of the section, where we are
11:01:52 saying, in addition, or we can use this money for
11:01:58 projects and operations, transit operations, that
11:02:03 part, that change allows the city to spend any and all
11:02:07 of its impact fee on transit related items.
11:02:11 Okay?
11:02:13 Further on, later on, closer to the end of what we are
11:02:16 proposing as change, we talked about changing from 10%

11:02:21 downtown to 53% Westshore up to 50 and then from 3 to
11:02:25 6 in the other districts, and we are addressing
11:02:28 specifically a cap on the amount of money up to that
11:02:33 limit that we could reimburse Hart for various things.
11:02:38 So there's sort of two parts here.
11:02:41 Again, the first part opens the door for transit and
11:02:44 transit operations for the city.
11:02:47 So the city could spend all of that money if it
11:02:49 chooses on a transit related project.
11:02:55 >>MARY MULHERN: Not limited to giving the money to
11:02:56 Hart.
11:02:56 >>> That's correct.
11:02:59 >> I think that's important.
11:03:01 And I don't know, Julia, seems to me that maybe that
11:03:04 definition of transit doesn't really -- I don't know
11:03:07 what it is, but it sounds like we have the discretion
11:03:11 to send that money -- spend that money how we want,
11:03:14 right?
11:03:15 So it's not such a big thing.
11:03:18 And I don't know if this is important or not but it's
11:03:20 more of what the definition of an impact fee is.
11:03:26 They are paying this fee because of the impact they

11:03:28 might be creating, and we are going to modify,
11:03:31 mitigate the impact with that money.
11:03:35 So I don't see any reason why we couldn't use it for
11:03:39 pedestrian improvements -- that's the answer I would
11:03:45 like to hear from Julia.
11:03:47 And I also want to make my case that we think about
11:03:54 paying into the street car system with that transit
11:03:57 fee so we are going to be able to earmark that money.
11:04:04 >>> Keep in mind that impact fees are a one-time fee.
11:04:11 It is not an annual fee.
11:04:13 So I increase my density, I pay one time, I'm done, I
11:04:18 don't keep paying.
11:04:20 So keep that in mind when you're thinking about paying
11:04:24 annual amounts out for operations and stuff.
11:04:26 That's number one.
11:04:28 Number two, sidewalks.
11:04:30 If you are building a road expansion or road widening,
11:04:34 you can build the sidewalks and stuff with it, because
11:04:38 that's associated with that project.
11:04:43 I'm talking about heretofore.
11:04:45 But building a sidewalk project by itself may become a
11:04:49 problem with regard to the state statutes which allow

11:04:51 us to collect impact fees.
11:04:53 Again I'm not the attorney.
11:04:54 But we don't want to lose our ability to collect
11:04:58 impact fees.
11:05:01 >> Right.
11:05:02 I think that's what we need from you, Julia, to do
11:05:04 that research, and what our goal, it sounds like, is
11:05:10 to be able to use that additional impact fee money
11:05:16 also for pedestrian, sidewalk, bicycles.
11:05:23 I understand Mr. Daignault saying if you are widening
11:05:27 a road you are going to put in a sidewalk.
11:05:29 Well, that's kind of antithetical. You are not going
11:05:34 to be widening the road.
11:05:35 You are going to be putting in transit or bus stop or
11:05:38 correcting to the street car or bicycling or walking.
11:05:41 So I think the answer we need to know is, do we need
11:05:46 to change this language?
11:05:47 And can we effect change as being automobile to use it
11:05:51 for pedestrian, transit -- foot transit?
11:05:56 >>JULIA COLE: I think the thing to keep in mind is
11:06:01 this is only amending the use of the funds which are
11:06:03 currently being collected.

11:06:07 Being collected under the auspices of the
11:06:10 transportation improvements and traditional -- I have
11:06:15 a project, I am going to use this many residential,
11:06:20 this much commercial, and there's been a formula in
11:06:22 the last ten years ago, whenever the last time we lad
11:06:25 at these, and we think that we know through the
11:06:28 formulas that this many people are going to cause this
11:06:31 many trips on a roadway, and not the basis of how you
11:06:35 have -- in reviewing whether or not we can change the
11:06:40 use of the funds with the changes in Florida statutes
11:06:44 and the changes relating to how transit has been
11:06:47 viewed as removing cars, removing people from putting
11:06:52 their cars on the roadway I'm comfortable with this
11:06:55 change.
11:06:55 I think what you are talking about, I do have a little
11:06:58 bit of concern about with this ordinance amendment,
11:07:02 because you really are talking about changing the way
11:07:05 you are defining transit and changing the methodology
11:07:08 as to how you were originally looking at the structure
11:07:10 to begin with.
11:07:11 >> But we need to do that.
11:07:12 I think it's all part of the whole --

11:07:15 >> And I think that's really part of what's happening
11:07:17 with your comprehensive plan and moving forward with
11:07:19 how these are being identified.
11:07:25 I can go back and research it.
11:07:27 I just don't that under the way we have done this
11:07:30 today going to be able to give you that answer.
11:07:32 I think as it stands today, what this is doing is
11:07:36 identifying that we can use these funds for the
11:07:38 purposes of the transit.
11:07:42 Which we really are already doing.
11:07:45 We are already giving moneys to Hartline.
11:07:47 We are identifying the amount of money that we have
11:07:48 been limited to give to Hartline from 3% and 6%.
11:07:53 So that's where we are on this today.
11:07:56 >>MARY MULHERN: We are doing both things.
11:08:01 >>JOHN DINGFELDER: The motion and second is to
11:08:05 transmit with the amendment to all districts.
11:08:09 And the reason I think it's really a good idea, we
11:08:13 don't know what's going to happen in the future.
11:08:14 >> University area could have a shuttle.
11:08:18 >> Many areas could want this and that way we give the
11:08:21 discretion to future administrations F.this

11:08:24 administration and this council in the next year,
11:08:25 three years, doesn't want to do this and just wants
11:08:29 the folks on Westshore and downtown, that's fine.
11:08:31 But if we change the ordinance, which is a production,
11:08:35 let's change it and broaden it for the whole city so
11:08:38 that way future administrations can take advantage.
11:08:41 Number two is on the issue of bike paths and
11:08:45 sidewalks, it sounds like an issue we need to take up
11:08:47 when we take up the impact fee.
11:08:49 >> Fine.
11:08:50 >>JOHN DINGFELDER: And we have a consultant on board.
11:08:52 I would urge to you get the consultant thinking about
11:08:54 that.
11:08:54 If you come back without that having been thought out
11:08:56 then we are going to have to have this discussion all
11:08:58 over again.
11:08:59 So get the consultant working on it.
11:09:01 They probably have some legal staff and the consulting
11:09:04 ability and they can focus on that when they are doing
11:09:07 the impact fee study.
11:09:08 >>CHARLIE MIRANDA: I would support this to a point.
11:09:11 But from what I heard from Ms. Cole, and she was very

11:09:17 specific about how she brought it up, she feels a
11:09:19 little apprehensive about going forward.
11:09:22 Am I correct in saying that?
11:09:24 Or am I adding here?
11:09:26 Maybe because I shaved this morning.
11:09:28 >>> Apprehensive of going forward with this change or
11:09:31 anything relating to include to pedestrian
11:09:34 improvements?
11:09:37 >>JOHN DINGFELDER: The motion on the floor just says
11:09:39 50% to apply to all districts and not just the
11:09:42 Westshore and downtown.
11:09:42 >>JULIA COLE: I will make the change related to the
11:09:48 agreement and the change related to 50%.
11:09:55 Just changing the up-to amount you can get pursuant to
11:09:58 the agreement that we have.
11:10:03 >>GWEN MILLER: We have a motion.
11:10:04 Did we get a second?
11:10:05 Motion and second.
11:10:06 (Motion carried)
11:10:12 >>MARY MULHERN: Let me just say something really
11:10:14 quickly.
11:10:14 I would like to make a motion that you research what

11:10:17 we can do.
11:10:18 >>LINDA SAUL-SENA: Second.
11:10:19 >>MARY MULHERN: With the impact fees and with relation
11:10:21 to using transportation impact fees or transit impact
11:10:25 fees for these other things.
11:10:27 I just want legal to research that.
11:10:32 >>DAVID SMITH: City attorney.
11:10:33 You are asking for the exact same thing the
11:10:35 administration has been asking.
11:10:36 And legal in all candor has been an impediment.
11:10:41 We will look again at that I shall to you see what we
11:10:43 can do to try to stretch the concept of impact fees.
11:10:52 >>LINDA SAUL-SENA: Look at Miami.
11:10:54 >>> We will certainly look at Miami.
11:10:56 They are a little anomalous but we will look at them.
11:10:58 >>GWEN MILLER: We have a motion and second.
11:11:00 (Motion carried)
11:11:02 We are going to go to our appeal hearing.
11:11:05 Number 94, 95, 96, 97.
11:11:14 >> All going to be sworn?
11:11:18 >> April 17 at 10 a.m.
11:11:21 >> So moved.

11:11:22 >> Second.
11:11:23 (Motion carried)
11:11:23 >>GWEN MILLER: Item 95.
11:11:28 >>MARTIN SHELBY: 95, is the petitioner here?
11:11:31 Is the is the petitioner here on item 95?
11:11:33 I don't see anybody.
11:11:39 Ask it be removed.
11:11:43 Excuse me.
11:11:44 This is per your statute 27-373, subsection 6.
11:11:48 Failure to perfect notice shall result in the appeal
11:11:53 being denied.
11:11:56 >>CHARLIE MIRANDA: Move for denial.
11:11:57 >> Second.
11:11:57 (Motion carried).
11:11:58 >>GWEN MILLER: 96.
11:11:59 >>MARTIN SHELBY: David M. Smith is here requesting a
11:12:03 continuance on the appeal hearing to April 17th,
11:12:07 2008.
11:12:08 >> So moved.
11:12:12 >>MARTIN SHELBY: Does Vermont to be reopened or
11:12:14 renoticed?
11:12:14 Because it says in here continuance as opposed to

11:12:16 having it rescheduled.
11:12:20 >>JULIA COLE: Legal department.
11:12:23 It needs to be opened.
11:12:24 >>CHARLIE MIRANDA: So moved to open number 96.
11:12:27 >> Second.
11:12:28 (Motion carried).
11:12:28 >>MARTIN SHELBY: Would you ask if there's anyone here
11:12:31 who has any comment?
11:12:32 >>CHAIRMAN: Anyone here who wants to speak on item 96?
11:12:36 >> I see none.
11:12:39 >> Move to continue to April 17, 10 a.m.
11:12:44 >>GWEN MILLER: 97.
11:12:46 >>MARTIN SHELBY: 97 cannot be heard, notice and record
11:12:50 not perfected has to be removed from the agenda.
11:12:52 >> So moved.
11:12:52 >> Second.
11:12:53 (Motion carried).
11:12:53 >>GWEN MILLER: We go to number 87.
11:12:56 >>MARTIN SHELBY: That is the TECO franchise.
11:13:06 If you could open the hearing.
11:13:07 >> So moved.
11:13:09 >> Second.

11:13:10 (Motion carried).
11:13:11 >>DAVID SMITH: I did not provide a specific date.
11:13:13 I think I set an applicable date in March.
11:13:16 We already have a meeting internally to go over the
11:13:19 issues with respect to the agreement and we are
11:13:23 scheduling a meeting with TECO as we speak
11:13:29 But I think maybe the 20th of March.
11:13:31 Is that a regular meeting or workshop meeting?
11:13:34 >> Regular.
11:13:41 >>JOHN DINGFELDER: Be the community seems to have some
11:13:43 interest, and I think several council members have
11:13:46 some interest, and what we can do to improve this
11:13:51 franchise agreement in regard to the possibility of
11:13:53 undergrounding, okay.
11:13:54 And I know it's a hot potato issue.
11:13:57 I have had people say they don't want to pay for
11:13:59 undergrounding.
11:14:00 I have had people saying of course we should do
11:14:02 undergrounding for reliabilities of service.
11:14:04 So I think the discussion is all over the floor.
11:14:08 But I guess what I would like to see from legal's
11:14:12 perspective is what sort of options the city/council

11:14:15 has as we move forward with this franchise agreement
11:14:19 to bolster that part of the agreement.
11:14:23 >>> I think that would be very helpful. We would
11:14:26 provide a brief summary to provide the regulatory
11:14:29 contacts, it says what applies and what you can do,
11:14:31 and then there's always the issue of what the
11:14:35 franchisee could volunteer to do.
11:14:38 But we can certainly provide you the legal contacts.
11:14:44 >>LINDA SAUL-SENA: Mr. Dingfelder, that's a great
11:14:45 idea.
11:14:46 Other question that was raised today is whether we
11:14:47 could have some five year increments, like to revisit
11:14:51 it.
11:14:52 I think what would be best on the 20th is to
11:14:54 schedule a staff report from you on these issues so we
11:15:01 have a chance to discuss it because anything that
11:15:03 would be changed, we would have to change it before it
11:15:05 would go to first reading.
11:15:06 I would like to move to schedule a staff report on
11:15:08 that on March 20th.
11:15:13 >>JOHN DINGFELDER: I'll defer my second until I hear
11:15:14 from Mr. Miranda in case he has a different opinion.

11:15:17 >>> In any event we do have to schedule a different
11:15:20 hearing date so it will have to be rescheduled.
11:15:23 If it is the sense of this council that you want to
11:15:25 have a report and a discussion on the 20th of
11:15:27 March, then I would recommend you set this date for
11:15:31 some appropriate time after that.
11:15:43 >>CHARLIE MIRANDA: I'm not opposed to undergrounding.
11:15:45 However, I want to make a statement.
11:15:47 Who is going to pay for all this undergrounding?
11:15:49 Ain't going to be me.
11:15:51 I'll tell you that right now.
11:15:53 Number two is the city is divided in four quadrants.
11:15:57 Four, five, six and seven.
11:15:59 One, two and three are city-wide.
11:16:02 You know, city-wide.
11:16:06 Maybe the public should vote if they want to pay for
11:16:07 the undergrounding.
11:16:09 I don't know.
11:16:09 You got those four quadrants.
11:16:11 If they get 60% just like everything else they tax
11:16:14 themselves.
11:16:15 But I'm not going to pay for any part of the city

11:16:17 where whether it be East Tampa, West Tampa, South
11:16:20 Tampa, Davis Island, Seminole Heights, for some other
11:16:25 taxpayer to subsidize another unit.
11:16:27 I am not going to do that and I think that's terribly
11:16:29 unfair.
11:16:30 So I don't mind voting on it, without a referendum.
11:16:35 But it's up to the public what they want.
11:16:38 And I don't know if this is in the franchise.
11:16:40 I don't know if TECO pays for it, I pay for it, you
11:16:44 pay for it, somebody else pays for it.
11:16:46 I don't have all the answers to that.
11:16:50 >>DAVID SMITH: One of the provisions taken out of the
11:16:51 franchise agreement grant that previously existed was
11:16:54 the concept if the city or areas of the city wish to
11:16:56 create a special assessment district for the purpose
11:16:59 of undergrounding, Tampa Electric Company would
11:17:03 cooperate with that effort.
11:17:04 Now, their view is that they are obligated by law to
11:17:06 do that anyway.
11:17:07 But the question however always comes back to the
11:17:11 payment and how that's accomplished.
11:17:13 But I understand what you want.

11:17:14 We will provide the legal contacts.
11:17:17 There are constraints as to what you can and cannot do
11:17:20 with regard to undergrounding.
11:17:21 We'll let you know what those are.
11:17:22 And I think by and large the question will mostly
11:17:25 answer it itself.
11:17:31 >>CHAIRMAN: Are we scheduling a public hearing first?
11:17:33 >>> We do need to reschedule the public hearing.
11:17:35 >>LINDA SAUL-SENA: Madam Chairman, that's what I am
11:17:39 trying to do.
11:17:40 I would like to suggest we schedule a public hearing
11:17:42 for April 17th and have a staff report on March
11:17:45 20th.
11:17:47 >> Second.
11:17:49 >>> Before do you that I believe I am planning to be
11:17:51 out of town on April 17th.
11:17:53 I would rather you do it on a day that I will be here.
11:17:57 >>LINDA SAUL-SENA: Would that give you time if we came
11:17:59 up with something -- March 20th and April 3rd?
11:18:04 Okay, April 3rd.
11:18:05 >>CHARLIE MIRANDA: Second.
11:18:08 >>GWEN MILLER: 10 a.m.

11:18:10 We can do both motions at one time.
11:18:12 >>LINDA SAUL-SENA: Continue first hearing April
11:18:15 3rd at 10:30.
11:18:16 >>CHARLIE MIRANDA: I second.
11:18:19 >>GWEN MILLER: Continued to April 3rd at 10:30.
11:18:24 (Motion carried).
11:18:26 >>LINDA SAUL-SENA: Then I move we make a staff report
11:18:30 from the legal department on March 20th exploring
11:18:32 some of the options in terms of the length of the
11:18:35 agreement and the undergrounding.
11:18:38 >>JOHN DINGFELDER: And giving us an update on the
11:18:41 lighting agreement and McKay Bay agreement.
11:18:44 >>GWEN MILLER: We have a motion and second.
11:18:46 (Motion carried)
11:18:49 We are going to go back to item number 74.
11:18:51 We have the ordinance for first reading for the code
11:18:54 enforcement.
11:18:57 >>> Assistant city attorney.
11:19:04 We will be asking to again substitute this ordinance.
11:19:08 You will see the change is in the definition of person
11:19:10 on page 2.
11:19:18 We have struck that second line and person means any

11:19:21 natural person, firm, partnership, association, or
11:19:24 corporation, period, now for any corporation,
11:19:33 partnership, or other business entity.
11:19:37 >>GWEN MILLER: Mr. Miranda, do you want to read that?
11:19:39 >>CHARLIE MIRANDA: Move an ordinance of the city of
11:19:48 Tampa, Florida chapter 23.5 supplement to enforcement
11:19:52 procedure codes of the City of Tampa code of
11:19:54 ordinances amending section 23.5-3 definition words
11:19:58 defined, amending sections 23.5-4 adding section
11:20:05 23.5-5 scheduling a violation, amending sections
11:20:12 23.5-6 supplement enforcement tools providing for
11:20:16 repeal of all ordinances in conflict providing for
11:20:18 severability, providing an effective date.
11:20:20 This is the first reading.
11:20:21 So by second reading we should all know exactly all
11:20:24 the ramifications of this thing.
11:20:26 >>GWEN MILLER: We have a motion and second.
11:20:27 (Motion carried)
11:20:35 >> CLERK: Second reading will occur on March 6th
11:20:39 at 930 a.m.
11:20:41 >>LINDA SAUL-SENA: Move the following ordinance, an
11:20:47 orthopedics amending passed and ordained by City

11:20:50 Council, City of Tampa, which approved a wet zoning
11:20:56 for 401 North Dale Mabry highway by replace ago
11:20:59 correct section 4 for incorrect section 4 providing
11:21:02 for severability, providing an effective date.
11:21:04 >> I have a motion and second.
11:21:05 (Motion carried).
11:21:07 >>> Second reading on March 6th at 9:30 a.m.
11:21:12 >> Item number 6.
11:21:14 Mr. Dingfelder.
11:21:15 >>JOHN DINGFELDER: Move an ordinance for first reading
11:21:18 as follows, an ordinance amending ordinance 2007-262,
11:21:22 passed and ordained by City Council City of Tampa on
11:21:25 December 20, 2007 correcting a scrivener's error by
11:21:28 deleting section 2 and row numbering the remaining
11:21:30 nexts providing for severability, providing an
11:21:32 effective date.
11:21:38 >>> Second reading on March 6th at 30 a.m.
11:21:42 >> Number 7.
11:21:43 >>MARY MULHERN: Move an ordinance presented for first
11:21:45 reading consideration, an ordinance amending 2007-263
11:21:50 passed and order dawned by City Council of the City of
11:21:53 Tampa on December 20, 2007, correcting a scrivener's

11:21:56 error by deleting section 2 and renumbering the
11:21:58 renaming sections providing for severability,
11:22:01 providing an effective date.
11:22:08 (Motion carried).
11:22:09 THE CLERK: Second reading on March 6th at
11:22:11 9:30 a.m.
11:22:12 >> We now go to committee reports.
11:22:13 Public safety, vice chair, Mr. Charlie Miranda.
11:22:16 >>MARTIN SHELBY: Please forgive me, but Mr. Smith
11:22:19 brought to my attention that number 78 is on the
11:22:20 agenda under unfinished business in fact an ordinance
11:22:27 on first reading and this ties to number 74 so if
11:22:30 council would consider doing that now.
11:22:33 8 is related to first reading.
11:22:42 >>JOHN DINGFELDER: Move an ordinance designating City
11:22:45 of Tampa as clean zone in order to regulate commercial
11:22:49 activities from March 31, 2008 through April 11, 2008
11:22:53 in preparation for hosting the 2008 NCAA women's final
11:22:57 four basketball tournament designating geographic
11:23:00 boundaries for the clean zone regulating temporary
11:23:03 outdoor uses and signage and temporary structures,
11:23:05 providing for visual buffering, prohibiting certain

11:23:08 portable structures or vehicles and signage, providing
11:23:12 for inspections and permits, prohibiting banners,
11:23:16 streamers, pennants, inflatables, and other temporary
11:23:20 signage providing for penalties providing for
11:23:22 conditions and restrictions regulating alcoholic
11:23:24 beverages, and providing an effective date.
11:23:27 We are glad to have the NCAA women's basketball
11:23:30 tournament.
11:23:30 We are glad to pass this ordinance.
11:23:32 Thank you.
11:23:32 (Motion carried).
11:23:34 >>> Second reading will be on March 6th at 9:30
11:23:37 a.m.
11:23:37 >> Now committee reports.
11:23:39 Charlie Miranda.
11:23:39 >>CHARLIE MIRANDA: Move item number 8.
11:23:42 >> Second.
11:23:42 (Motion carried).
11:23:43 >> Parks and recreation, Linda Saul-Sena.
11:23:51 >> Move 9 through 12.
11:23:54 >> Second.
11:23:54 >>GWEN MILLER: Public works, Mr. Charlie Miranda.

11:24:00 (Motion carried).
11:24:01 >>GWEN MILLER: Finance Committee, Mr. John Dingfelder.
11:24:04 >>JOHN DINGFELDER: Let's Start with 33 and 34.
11:24:09 I move to waive the 15 day rule.
11:24:11 >> Second.
11:24:11 (Motion carried).
11:24:12 >> Then move all the items 19 through 35.
11:24:20 >> Second.
11:24:21 (Motion carried).
11:24:21 >>GWEN MILLER: Building and zoning.
11:24:23 >>JOHN DINGFELDER: On behalf of Joseph Caetano,
11:24:27 chair I'll move item --
11:24:29 >>GWEN MILLER: Ms. Saul-Sena has to do it.
11:24:32 >> Oh, she does?
11:24:33 Is she the chaplain?
11:24:35 >> I don't know how we arrived at that.
11:24:42 But I would move resolutions 36 through 49.
11:24:46 >> Second.
11:24:47 (Motion carried)
11:24:48 >> Transportation, Mary Mulhern.
11:24:52 >>MARY MULHERN: I move item 50 through 58.
11:24:56 >> Second.

11:24:56 (Motion carried).
11:24:57 >>JOHN DINGFELDER: I'll be glad to move items 59
11:25:05 through 64.
11:25:06 >> Second.
11:25:06 (Motion carried)
11:25:07 >> Now we go to our staff reports.
11:25:19 We did them.
11:25:20 Number 69.
11:25:28 Do you want to receive and file?
11:25:30 >>CHARLIE MIRANDA: I read the report.
11:25:32 It's the one from -- receive and file the reports.
11:25:38 >> Second.
11:25:39 (Motion carried).
11:25:40 >>> Public works.
11:25:45 I just wanted to mention, this is the second portion
11:25:47 of this issue that you all heard last week.
11:25:50 It was transportation.
11:25:53 What I would like to suggest or recommend is possibly
11:25:55 schedule it as a workshop item so that we can bring
11:25:58 the two together and kind of share with you all --
11:26:04 >>JOHN DINGFELDER: What month would you suggest?
11:26:07 I mean, when is it going to be, to a point where we

11:26:10 have some meat to discuss?
11:26:14 >>> Especially bringing you up to date on the things
11:26:17 we have actually been able to accomplish as far as the
11:26:20 discussion with the community.
11:26:21 And you got the letter which -- again, what we
11:26:28 provided is a process.
11:26:29 >>JOHN DINGFELDER: I read the process step by step and
11:26:36 that sort of thing.
11:26:37 I think now we need to let the community work through
11:26:41 that process, and then we'll workshop it and see how
11:26:44 we are going.
11:26:45 Would that be better?
11:26:46 >>> And we have actually done a number of those steps
11:26:48 with them already.
11:26:49 That's kind of the challenge area.
11:26:53 And we have gotten a variety of different perspectives
11:26:59 from those.
11:27:01 And that's why we think maybe a workshop will be good.
11:27:03 >>LINDA SAUL-SENA: The problem with the workshop
11:27:06 according to our interpretation of our rules is the
11:27:09 public can't speak and the whole point is to hear from
11:27:11 the public so perhaps the better choice would be to

11:27:13 have a staff report where the public can be allowed to
11:27:17 speak.
11:27:18 And what I would like to do is schedule that for a
11:27:21 staff report on April 3rd.
11:27:24 >>GWEN MILLER: April 3rd is okay.
11:27:28 Motion and second.
11:27:28 (Motion carried)
11:27:30 Item number 70.
11:27:39 >> That's the Bayshore Boulevard.
11:27:42 Receive and file.
11:27:43 >>GWEN MILLER: A motion to receive and file number 70.
11:27:45 >>JOHN DINGFELDER: Second.
11:27:46 (Motion carried).
11:27:47 >>CHAIRMAN: Item 71.
11:27:50 >> Madam Chairman, I don't have any new information in
11:27:57 my report.
11:27:59 >> That was their new memo.
11:28:02 >>LINDA SAUL-SENA: The reason I put this on here is to
11:28:06 inspire.
11:28:09 So in the hopes of inspiration I would like to move
11:28:11 this, get a reports on April 20th.
11:28:13 Not April, March.

11:28:14 March 20th.
11:28:16 A staff report on what we have done to get somebody
11:28:19 into the Guida house in hopes they will advertise it
11:28:23 and let people know this is available, and I would
11:28:25 like them to let all nonprofits know about it.
11:28:29 We need to make use of this historic structure, which
11:28:31 is just sitting there being unused.
11:28:35 >> Give them 30 days?
11:28:37 >> Yes.
11:28:38 30 days is the 20th of March.
11:28:39 >>CHAIRMAN: Motion and second.
11:28:42 (Motion carried).
11:28:42 >>LINDA SAUL-SENA: I would like them to appear and
11:28:46 present this.
11:28:46 >>GWEN MILLER: Mr. Shelby?
11:28:47 >>MARTIN SHELBY: Yes, council.
11:28:50 I'll be brief.
11:28:55 I met with the ethics commission on January 17th
11:28:58 and discussed the issue relating to the concerns of
11:29:02 City Council.
11:29:02 They have suggested that I work with Marcie Hamilton
11:29:05 to frame the question and possibly request as the

11:29:09 Florida commission on ethics or the attorney general,
11:29:13 but I am going to work with Marcie Hamilton to frame
11:29:15 the question.
11:29:16 I would like to have the opportunity to bring it back
11:29:17 to the ethics commission.
11:29:18 They are meeting on March 4th.
11:29:20 I would like, if you would please, to continue this to
11:29:24 perhaps March 20th or the first meeting in April
11:29:26 and I'll have a report for council.
11:29:29 >>CHARLIE MIRANDA: Whatever day is feasible that when
11:29:31 work on the calendar.
11:29:36 >>MARY MULHERN: Give me an example of -- is this ARC?
11:29:44 >>MARTIN SHELBY: It's the board where they have a
11:29:46 specific requirement that they be in a certain field
11:29:48 and then there are conflicts, whether or not they can
11:29:52 even serve on the board.
11:29:55 And abstain or they just cannot be appointed to begin
11:29:58 with, if they are going to have any business brought
11:30:00 before the city, if they do business with the city.
11:30:05 >>> The 20th you have four staff reports, wet
11:30:17 zonings.
11:30:17 >> It's a regular meeting.

11:30:18 >>GWEN MILLER: We have a motion and second.
11:30:20 All in favor say Aye.
11:30:21 (Motion carried).
11:30:22 Number 75.
11:30:25 You have an ordinance.
11:30:33 >>> You have a memo from Julia Cole.
11:30:39 >>JULIA COLE: Legal department.
11:30:40 I'm sorry.
11:30:41 I was on the wrong number.
11:30:42 This is the one related to the extension of the East
11:30:44 Tampa and West Tampa ordinance.
11:30:48 I'm requesting that -- I would request this be placed
11:30:52 on the agenda by Mr. Scott who unfortunately is not
11:30:54 here today.
11:30:55 There was a request to prepare an ordinance relating
11:30:58 to the extension of the no impact fee zone for West
11:31:01 Tampa and East Tampa.
11:31:03 I got it also included in Ybor so I prepared that
11:31:06 ordinance but I haven't placed that on the agenda.
11:31:08 I indicated at that point in time that I wasn't sure
11:31:11 whether or not you could actually put it on the agenda
11:31:14 for first reading.

11:31:16 It is my opinion that you do need to send it over to
11:31:18 the Planning Commission, everyone though it's an
11:31:20 extension of something we already have in the books,
11:31:22 and I want to go ahead and follow up appropriately.
11:31:25 So I believe there's a request on my behalf to send it
11:31:30 over to the Planning Commission.
11:31:31 Now, I do have an ordinance for Ybor City, an
11:31:35 extension of that no impact fee zone, and I believe
11:31:39 Mr. Pardo has passed out some background information
11:31:42 relating to that.
11:31:43 If it is your wish we can trance that over to Planning
11:31:45 Commission at the same time.
11:31:46 >>JOHN DINGFELDER: Is Ybor in the waiver zone?
11:31:49 >>> They are in a waiver zone.
11:31:51 It doesn't actually end until August but it was
11:31:54 thought it may be appropriate to have all of these
11:31:56 running at the same time Ft. Myers so you are not
11:32:00 continuing to have these ordinances, so it's a little
11:32:07 early, but they do meet the standard and it's really
11:32:10 more just for the efficiency of knowing that they are
11:32:11 all going to run out at the same time.
11:32:13 >> I move to transmit all three zones to the Planning

11:32:16 Commission for initial review.
11:32:18 >> Second.
11:32:19 >>GWEN MILLER: Motion and second.
11:32:20 (Motion carried).
11:32:21 >>GWEN MILLER: We go to item 76.
11:32:24 A representative from Hartline.
11:32:31 >> Good morning.
11:32:39 I'm Dave Armijo, the chief executive officer for the
11:32:41 Hillsborough regional transit.
11:32:42 >> Have you appeared before us before?
11:32:45 >>> No, my first time.
11:32:46 >> Let me personally welcome you on behalf of City
11:32:50 Council.
11:32:52 Hartline hired David after the demise of our prior
11:33:01 wonderful Executive Director, and we are glad that
11:33:02 David is here.
11:33:03 He's got big shoes to fill but so far he's doing a
11:33:05 great job.
11:33:06 Welcome aboard.
11:33:07 >> Thank you very much.
11:33:10 Let me thank you for this opportunity to come before
11:33:12 the council and let me address the question that has

11:33:15 come before me for the motion that this council passed
11:33:18 on February 7th.
11:33:19 And that was why the Hart board is not pursuing the
11:33:23 streetcar extension.
11:33:24 Let me answer this question by reporting to you that
11:33:26 the Hart board has taken a series of actions during
11:33:29 the past two years to pursue the streetcar extension.
11:33:32 These actions include contracting with our URS
11:33:35 consulting firm to conduct a supplemental
11:33:38 environmental session of the streetcar extension which
11:33:43 included the area from southern transportation plaza
11:33:45 to Whiting Street here in downtown by the Promenade.
11:33:49 This assessment took about two years and included a
11:33:52 series of public meetings on the project, a lot of
11:33:54 work between the city staff, Hart, and the board.
11:33:59 Last fall Hart completed the environmental assessment
11:34:02 and submitted to the transit funding of no significant
11:34:08 impact or FONSI.
11:34:14 In fact we have cleared all the environmental hurdle
11:34:18 and it is ready to go forward. Where does this put
11:34:21 the streetcar extension today?
11:34:22 The first issue required to pursue the streetcar

11:34:25 sentence has been concluded and that is of course
11:34:27 environmental.
11:34:28 The next step in the process is to identify funding
11:34:30 for the project.
11:34:31 Now, to date we do have a couple of grants that have
11:34:33 been identified by the Hart board and that's really
11:34:37 what um here to talk about today.
11:34:39 Let me talk about that.
11:34:41 When we look at the streetcar extension, what we are
11:34:43 really talking about here is two different
11:34:44 alternatives that were identified in the assessment.
11:34:47 The first is a single track option and another one is
11:34:51 a double track option.
11:34:52 The single track option is a lower cost, about $4.5
11:34:57 million and the double track option a little higher on
11:34:59 the scale estimated about 5.5 million and that
11:35:01 includes some contingency funding and certainly could
11:35:04 be looked at as we look at the project.
11:35:08 Currently the funding consists of $1.4 million of what
11:35:13 we call surface transportation funding.
11:35:15 And this is $1 million of enhanced transportation
11:35:19 funding which is earlier this year earmarked by

11:35:23 congresswoman Castor.
11:35:25 This week the streetcar project is short of funding by
11:35:30 an estimated 2.1 to $3 million.
11:35:31 Additional funding would be required to support this
11:35:32 initiative.
11:35:35 Now, earlier this month, there was action taken by the
11:35:38 Hart board that addressed one particular grant that
11:35:41 had been programmed for the streetcar.
11:35:43 And that was what we called a congestion mitigation or
11:35:46 quality grant or CMAQ money. That involved for a
11:35:52 grant that had first been awarded for this region in
11:35:55 2005 and was subject to being expired in September of
11:35:58 this year.
11:36:00 So why did Hart board take this action?
11:36:03 There are two reasons primarily.
11:36:04 First the CMAQ funds were scheduled to be expired and
11:36:08 there was concern we might lose those dollars if we
11:36:11 didn't get them programmed by about April.
11:36:13 We have been working very closely with the federal
11:36:15 regional office in Atlanta on this, and give us advice
11:36:20 of --
11:36:23 >> When would they have expired, David?

11:36:24 >>> September 30th of this year.
11:36:26 The second reason is that Hart is also looking at all
11:36:30 the programs and was concerned about the reduction
11:36:32 that occurred earlier this month, or last month, with
11:36:34 the passage of amendment one.
11:36:38 Let me try to talk about what that impact has on Hart.
11:36:41 Impact of number one would reduce Hart's budget by
11:36:44 about $3 million annually so I that's a base level
11:36:47 reduction and would really affect about 8% of our
11:36:50 revenues on an annualized basis.
11:36:53 And that becomes a structural deficit for Hart.
11:36:57 Also reduction of 55,000 revenue hours in fiscal year
11:37:00 '09 which will include reduction of 27 employees and
11:37:07 potential loss of 1 million riders, about 10% of our
11:37:11 service area.
11:37:12 These are primarily operating dollars and including
11:37:18 those capital projects that have previously been
11:37:20 programmed.
11:37:21 Projects at risk including the transit project that we
11:37:25 will be bringing to our board next month, and not
11:37:29 clear it's environmental -- that's a $ 40 million
11:37:32 project that will enhance bus service along Nebraska,

11:37:35 Hillsborough and Fowler.
11:37:37 Flex service, a project we had programmed south of
11:37:39 Hillsborough County last year, has been delayed and
11:37:42 will be delayed again.
11:37:43 That is a service that would provide the transit
11:37:47 service to low density communities.
11:37:49 In fact we are looking at a similar program in the
11:37:52 Westshore area to do that project.
11:37:55 That may in fact also be delayed.
11:37:57 Our Hart plus program which is for the disabled has
11:38:00 about a 30% growth in service, and we are in fact
11:38:03 adding three additional operators next month to
11:38:06 support that growth in service.
11:38:08 The street car, as we discussed moments ago, and are
11:38:12 discussing, is another project that funding the street
11:38:15 car extension will come under further review by the
11:38:17 Hart board.
11:38:19 We have a commuter service with about 20% growth,
11:38:22 service to MacDill the pastier for the high
11:38:24 ridership.
11:38:25 That's going to be delayed.
11:38:26 Then our ADA accessibility improvement program which

11:38:29 is about 8. million project that has no funding for it
11:38:31 at this time.
11:38:33 Doing this fiscal process we will at these projects
11:38:35 and other projects and see what we can do to resolve
11:38:38 it.
11:38:38 Finally in closing any actions regarding streetcar
11:38:40 extension will require agency approvals by both the
11:38:43 City of Tampa and Hart board.
11:38:44 Additional dialogue work by both parties are required
11:38:48 to support the streetcar extension.
11:38:49 This concludes my comments.
11:38:51 I will be happy to address any questions.
11:38:52 >>JOHN DINGFELDER: Can I say one thing as your Hart
11:38:55 representative, Madam Chair?
11:38:58 Thank you.
11:38:58 David, I think the Hart board needed to take action on
11:39:03 the CMAQ money.
11:39:05 You were concerned we were going to lose it.
11:39:07 I didn't happen to be at that meeting and I didn't
11:39:10 vote in favor of this, and you apologize for not being
11:39:14 there because I think we at least could have deferred
11:39:16 it maybe if I was there.

11:39:18 But I think council's concern and the city's concern
11:39:21 is, okay, if we lose that almost million dollars of
11:39:26 CMAQ money, where are we going to find the money to
11:39:29 build the trolley extension?
11:39:32 We have already invested a fair amount of money in
11:39:37 terms of studying it, doing the EA, doing the FONSI,
11:39:44 etc.
11:39:44 Where do we go from here specifically related to
11:39:45 extending the trolley in terms of finding that couple
11:39:48 million dollars to do the single track or the double
11:39:50 track?
11:39:50 >>> It's a very good question, and clearly that will
11:39:52 be subject for discussion in the next month.
11:39:56 We are going to have another meeting of the Hart board
11:39:58 Finance Committee to ferret out that question and all
11:40:01 others for these questions and identify where those
11:40:04 solutions would be.
11:40:04 Specifically for Hart, obviously we are looking at
11:40:07 various federal funds and grants.
11:40:08 Many of those dollars are becoming more and more
11:40:10 limited.
11:40:11 There's a lot of commitment already for projects.

11:40:15 So it will be very difficult to find any additional
11:40:17 money there.
11:40:17 But we'll certainly look at that.
11:40:20 Other options I guess would be to look at other sort
11:40:23 of going back to the future, and how the street car
11:40:25 got started and will for ways of selling more
11:40:28 advertising, finding other donors, or support for the
11:40:32 private sector.
11:40:34 >> But in terms of capital money there aren't any
11:40:36 other choices, there aren't any other --
11:40:39 >>> I'm not familiar with any.
11:40:40 That doesn't mean that there aren't any out there.
11:40:42 I know that we did look at some opportunities.
11:40:44 We are hoping with the economic stimulus package that
11:40:46 that might have been something to help us.
11:40:48 Unfortunately, Congress has decided not to provide any
11:40:50 transportation funding for the economic -- so that
11:40:54 gives you an indication how difficult it is. In fact,
11:40:56 right now, the fiscal year budget that bush submitted
11:41:00 this year includes about $200 million less than what
11:41:04 the authorization would have been for the current
11:41:07 fiscal year.

11:41:11 >>MARY MULHERN: I'm a City Council representative on
11:41:13 the Tampa historic streetcar board, and we had our
11:41:18 board meeting yesterday.
11:41:19 And Mr. Armijo has been speaking with that board for a
11:41:25 new months, and I think he's doing a fantastic job of
11:41:31 getting the street car back online as far as really
11:41:39 trying to make it a functioning business operation or
11:41:45 utility or whatever you want to call it.
11:41:47 And he put the fear of God on the streetcar board as
11:41:53 far as we need to come up with a business plan in
11:41:58 order to show -- in order to justify the federal
11:42:02 funding, and to continue to get it.
11:42:04 So it kind of took the board a little bit to kind
11:42:07 of -- it's kind of a slap.
11:42:09 But the board has woken up, and our meeting yesterday
11:42:12 was amazing because we identified a number of revenue
11:42:17 sources.
11:42:18 So I think that the streetcar is in a lot better shape
11:42:23 than it looks like, and the extension is really a
11:42:28 workable thing for us, considering -- I just want to
11:42:31 mention a few things.
11:42:34 Plus it was in the other paper the other day.

11:42:36 I hadn't heard this until I read it.
11:42:38 But the mayor has asked to look into tourist
11:42:40 development dollars coming back to the street car,
11:42:45 which we haven't been receiving.
11:42:47 Michael Chen, who I wish was here, gave us yesterday a
11:42:51 great presentation, where he showed us very
11:42:54 conservative estimates of what the property tax from
11:42:58 the CRA district is going to be over the next few
11:43:01 years, and that was very encouraging.
11:43:07 What else?
11:43:07 Oh, the impact fee that we just talked about today,
11:43:11 which it looks like we are going to pass, is probably
11:43:13 going to give us some money we can use within
11:43:16 Channelside and downtown toward that.
11:43:19 And at least I would like to see that.
11:43:21 And I guess I'm suggesting that as something we can
11:43:23 talk about when it comes time to talk about that.
11:43:28 What else?
11:43:29 I think that was it.
11:43:30 And also we are looking at really pumping up the
11:43:34 sponsorship and the advertising.
11:43:38 And I think for me today, the numbers that impressed

11:43:42 me as why the streetcar should keep that earmarked
11:43:48 money, that $900,000, is that we are hearing that Hart
11:43:55 has to cut 3 million from their budget, and I don't
11:43:58 think the streetcar should take the hit for the third
11:44:01 of the cuts they need to make.
11:44:02 I haven't seen it in those numbers before.
11:44:04 But hearing it today makes me think that it's really
11:44:08 not fair.
11:44:09 And then the other thing is, you know, as Mr. Armijo
11:44:15 told us, you spent two years doing this study, which
11:44:18 the streetcar paid for to find out if that street car
11:44:24 extension was going to be workable.
11:44:27 Then it had to go to the federal transportation
11:44:31 authority to clear, you know, the environmental
11:44:34 impact.
11:44:34 That came back okay.
11:44:38 Council passed the extension.
11:44:39 We agreed to pursue that.
11:44:41 And the MPO -- and really, those two votes in favor of
11:44:46 the streetcar are almost bigger than the two years
11:44:49 that URS.
11:44:52 We got the community backing of, you know, the county

11:44:57 and the city on this.
11:44:59 So I think it's really important.
11:45:04 And I think that we are going to be able to show you,
11:45:08 Mr. Armijo, in the next few weeks that we can continue
11:45:13 to fund this, that things aren't as bad as what they
11:45:16 seem, and really, we have this great streetcar system.
11:45:22 It's always been -- only been a tourist amenity and
11:45:29 this is the only time it's going to start to function
11:45:31 as a commuter line for people who live and work
11:45:34 downtown.
11:45:35 One more thing.
11:45:36 And I think that it just key to solving.
11:45:49 Would we need to get people living downtown and we
11:45:52 have a lot of condos and apartments.
11:45:54 And I think this is one of the things that's going to
11:45:57 encourage people to come down.
11:45:58 So I want to say, you know, that this council, I hope,
11:46:01 will not be in favor of this and that we can let you
11:46:03 know in the form of a resolution, I would be willing
11:46:06 to do that.
11:46:07 I'm done.
11:46:08 >>CHARLIE MIRANDA: I certainly echo the same agree of

11:46:13 concern as my esteemed colleague Ms. Mulhern.
11:46:16 I can only say that the street cars are still in the
11:46:20 infant stage.
11:46:21 And I'm not giving the streetcar the credit for all
11:46:24 the development in Channelside and other areas.
11:46:26 But certainly it had some input into individuals
11:46:29 putting a large sum of private investment into that
11:46:33 area, and the downtown area, because we are becoming
11:46:38 more and more of a centrist for people to come and
11:46:42 live downtown.
11:46:43 Certainly when you look at other areas that are going
11:46:46 to start developing in the future, the Heights
11:46:49 project, Central Park.
11:46:50 If we can have that streetcar extended to the areas
11:46:53 wherein two or three blocks, and they could -- make a
11:46:56 complete circle through Palm Avenue back around to
11:46:58 Ybor City, it would certainly add more thousands of
11:47:02 individuals who would leave their cars home, who would
11:47:05 ride the street car, who would do what we need to keep
11:47:08 the city in a very viable position.
11:47:12 The streetcar is to me the first baby step to light
11:47:16 rail.

11:47:16 There's nothing wrong with buses.
11:47:18 I rode bus 3 and 4 all of my life and the reason I
11:47:22 stopped riding them that I had finally bought a car.
11:47:26 And those things happen.
11:47:28 The ridership in all areas of transportation has gone
11:47:32 down -- and I'm not talking about your line, sir, I'm
11:47:35 talking about in general -- because people used to
11:47:39 walk to work, live in the neighborhoods, and now they
11:47:42 moved to somewhere else, and they have to drive ten
11:47:45 mails to get wherever they are going.
11:47:47 So these are the things that are happening.
11:47:49 I believe that tourist dollars is the first step
11:47:53 forward to making the streetcar and light rail
11:47:55 feesible and workable in this community.
11:47:58 Those moneys that are collected through bed tax, when
11:48:01 some individual comes to the city, years ago, they saw
11:48:05 all the sidewalks being rolled up at five o'clock in
11:48:09 the evening.
11:48:10 That's not happening anymore.
11:48:11 The investment that has been put in privately and
11:48:13 governmentally, in both cases city and county, has
11:48:17 certainly done a lot to bring more tourist dollars

11:48:20 into the city, clean business, that has certainly been
11:48:23 able to -- you heard the report this morning from the
11:48:26 Tampa Bay performing arts, Ms. Judy Lisi, the
11:48:30 outstanding job they have done.
11:48:31 These are the things that make the City of Tampa much
11:48:34 more livable.
11:48:37 If the streetcar could be extended, it would just add
11:48:40 another dimension to it that would make it --
11:48:45 saleable.
11:48:45 When you think of the San Francisco area, what do you
11:48:47 think of?
11:48:48 The streetcar, the trolley.
11:48:50 You do think of the 49ers and the giants.
11:48:53 I'm not going to say you don't.
11:48:55 But, you know, before we had a convention center, we
11:49:03 didn't have a convention hotel.
11:49:05 Now we have two convention hotels.
11:49:06 What does that do?
11:49:07 It brings in more opportunities, if I may say, to the
11:49:10 center, to at least try to break even.
11:49:13 Along with that came the streetcar.
11:49:16 And now people can get off right there next to their

11:49:19 hotel, get on the streetcar, take a little ride, they
11:49:22 can see something.
11:49:24 Whether they are on conventions or not.
11:49:26 It's a great thing to do.
11:49:27 And I certainly echo Ms. Mulhern's sentiments on this
11:49:32 and I certainly wish that the 900,000 would stay where
11:49:35 it's at.
11:49:35 I do have to leave.
11:49:37 I have a speech that I have to make on water.
11:49:40 And I think I will give them the A speech.
11:49:43 >> Are you walking on water?
11:49:46 >>> No, I learned how to sink a long time ago.
11:49:50 >>LINDA SAUL-SENA: Before Mr. Miranda leaves I move we
11:49:53 encourage the Hartline board to spend the CMAQ money
11:49:57 on the street cars.
11:49:58 >> Second.
11:49:59 >>CHAIRMAN: Question on the motion.
11:50:02 >>JOHN DINGFELDER: You mean to rescind their motion?
11:50:08 >> Rescind, removing it.
11:50:12 (Motion carried).
11:50:12 >> Thank you.
11:50:13 I just wanted to say that I served for a number of

11:50:15 years on the Hartline board, not while you were there
11:50:18 but twice previously and I served on the MPO board and
11:50:20 we always were very committed to the streetcar
11:50:23 extension.
11:50:23 And I'm very sympathetic with your budget issues.
11:50:26 And as a member of the tourist development council I
11:50:28 will personally bring in the proposal that we devote
11:50:33 some TDC money to the street car.
11:50:38 >>GWEN MILLER: Thank you.
11:50:40 Now we go to item 77.
11:50:47 Did we get the resolution?
11:50:49 Is there a motion to continue item 77 to March
11:50:51 6th?
11:50:52 >> So moved.
11:50:52 >> Second.
11:50:53 (Motion carried).
11:50:53 >>GWEN MILLER: Item number 79.
11:51:11 >> Marcie Hamilton, legal department.
11:51:13 I have been asked to speak regarding item number 79.
11:51:16 You asked for a review as to whether or not the city
11:51:18 could incorporate a regional preference interest
11:51:22 procurement policy.

11:51:24 And basically the short answer is no.
11:51:27 Our charter under section 8.04 says that the
11:51:36 procurement section, single source, such as that,
11:51:41 procurements have to be provided to the lowest
11:51:43 responsible bidder.
11:51:45 So this is a charter provision.
11:51:47 It cannot be overridden by an ordinance.
11:51:49 The charter is like our Constitution.
11:51:53 >>GWEN MILLER: Thank you.
11:51:55 Appreciate that.
11:51:56 We now go to item number 80.
11:51:58 Ordinance for second reading.
11:52:00 We need to open.
11:52:07 >> Move to open.
11:52:09 >>GLORIA MOREDA: Land development.
11:52:11 I'll be brief.
11:52:12 >>CHAIRMAN: Motion and second to open.
11:52:13 (Motion carried).
11:52:14 >>GLORIA MOREDA: This is relating to an amendment to
11:52:18 chapter 13 related to how it applies to Tampa
11:52:23 International Airport.
11:52:25 Currently, there are exemptions in our tremendous and

11:52:28 landscape code that allow for tree removal, related to
11:52:31 public safety issues like runways, trailways, the
11:52:35 runway protection zone.
11:52:37 The new expanded proposal would allow for tree removal
11:52:43 to be included on all properties controlled by the
11:52:46 Aviation Authority.
11:52:48 For which are related to airport operations, including
11:52:52 terminals, hangers, cargo, roadways.
11:52:57 Over the last year, we have been working with the
11:52:59 Aviation Authority and their proposed development of
11:53:03 the cargo road which will be the northern access point
11:53:07 from Hillsborough to the airport.
11:53:09 It became evident that they are going to need to go
11:53:12 through their T variance review board for removal of
11:53:16 grand trees, as well as protected trees to do that.
11:53:20 Level of construction.
11:53:23 The master plan for the airport extends 10 to 15 years
11:53:28 out, and it going to be involving a major expansion.
11:53:32 And it became evident to me that there were going to
11:53:34 be numerous visits to the Variance Review Board.
11:53:38 It made more sense to approach their proposed
11:53:42 development level through the text amendment.

11:53:46 Staff is recommending for the approval for the
11:53:48 following reasons:
11:53:50 The magnitude of the expansion is unique and singular
11:53:53 with respect to the property.
11:53:55 The characteristics of an airport, road construction,
11:53:58 and associated facility are unlike any other
11:54:02 development within the city.
11:54:04 The proposed expansion of TIA is in response to serve
11:54:08 the needs of the growing community.
11:54:10 This is in the public interest for these expansions to
11:54:13 occur.
11:54:16 The amendment is an efficient way to evaluate the
11:54:18 appropriateness of the request rather than to have
11:54:21 repeated visits to the Variance Review Board.
11:54:25 And the amendment is limited strictly to the tree
11:54:27 removal of chapter 13.
11:54:31 The authority will be required to submit for permits
11:54:36 and to mitigate consistent with the requirements of
11:54:38 chapter 13 for those tree removals.
11:54:44 >>CHAIRMAN: Is there anyone in the public that wants
11:54:46 to speak on item number 80?
11:54:48 Need to close.

11:54:49 >> So moved.
11:54:49 >> Second.
11:54:50 (Motion carried)
11:54:54 >>MARY MULHERN: Number 80.
11:54:58 I move an ordinance being presented for second
11:55:00 reading, an ordinance of the city of Tampa, Florida
11:55:02 amending City of Tampa code of ordinances chapter 13,
11:55:05 landscaping, tree removal and site clearing, section
11:55:08 13-7, exemptions for certain trees, departments and
11:55:11 aviation public safety, section 13-45, same tree
11:55:15 removal and replacement and tree trimming, exemptions,
11:55:19 providing for severability, providing for repeal of
11:55:21 all ordinances in conflict, providing an effective
11:55:23 date.
11:55:26 >>MARTIN SHELBY: Is that a motion to adopt?
11:55:28 >>MARY MULHERN: Yes.
11:55:29 >>GWEN MILLER: We have a motion and second.
11:55:31 Vote and record.
11:55:53 >>THE CLERK: (off microphone).
11:55:54 >>GWEN MILLER: Motion to receive PowerPoint
11:55:56 presentation from Lewis Miller.
11:55:58 >> Second.

11:55:59 (Motion carried).
11:56:00 >>CHAIRMAN: Is there anyone in the public going to
11:56:01 speak on item number 81 through 86?
11:56:05 Would you please stand and raise your right hand?
11:56:07 (Oath administered by Clerk)
11:56:22 We need to open those items.
11:56:24 >> So moved.
11:56:25 (Motion carried).
11:56:25 >>JILL FINNEY: Land Development Coordination.
11:56:28 I have been sworn.
11:56:28 I am here to request a continuance on the second
11:56:30 reading for item 81 to the next available morning
11:56:35 hearing which I believe is March 6th.
11:56:39 >> Need a motion.
11:56:40 >> So moved.
11:56:40 >> Second.
11:56:41 (Motion carried).
11:56:41 >>MARTIN SHELBY: Is there anybody here who wishes to
11:56:44 speak to that?
11:56:45 >>GWEN MILLER: Anyone who came from the public to
11:56:47 speak on item 81?
11:56:48 >>MARTIN SHELBY: I see none.

11:56:49 We have a motion and second to continue to March
11:56:52 6th.
11:56:52 >>MARTIN SHELBY: 9:30 a.m.?
11:56:54 >>GWEN MILLER: Yes.
11:56:54 (Motion carried)
11:56:57 Is there anyone in the public that wants to speak on
11:56:59 item 82?
11:57:00 >>REBECCA KERT: Legal department.
11:57:05 We do have a substitute ordinance that I would like to
11:57:07 go through and explain those changes.
11:57:09 I would also like to call it to council's attention
11:57:11 that this will require four affirm tough votes to go
11:57:15 forward and I'm not sure if the applicant would prefer
11:57:17 to wait until after lunch to vacating the 20th
11:57:21 street.
11:57:21 >>LINDA SAUL-SENA: I will not be supporting this.
11:57:26 >>CHAIRMAN: So continue will to 1:30?
11:57:31 Mr. Miranda will be back at 1:30.
11:57:32 >>MARY MULHERN: Move to continue to 1:30.
11:57:35 >> Second.
11:57:36 (Motion carried).
11:57:36 >>GWEN MILLER: We go to item 83.

11:57:40 Does none in the public want to speak on item 83?
11:57:43 >> Move to close.
11:57:44 >> Second.
11:57:44 (Motion carried).
11:57:45 >>JOHN DINGFELDER: 83.
11:57:52 On second reading an ordinance authorizing the
11:57:55 construction and erection of proposed encroachment
11:57:57 covered balcony with columns and footers to restore
11:58:01 historic nature of the property by Basem Ali, 1806
11:58:08 North Franklin LLC over a portion of the public
11:58:10 right-of-way known as North Franklin Street as more
11:58:13 particularly described herein subject to certain terms
11:58:16 covenants conditions and agreement as more
11:58:18 particularly described herein providing an effective
11:58:19 date.
11:58:19 >> Second.
11:58:20 >>GWEN MILLER: Vote and record.
11:58:23 >>THE CLERK: Motion carried with Caetano, Miranda, and
11:58:25 Scott being absent.
11:58:27 >>GWEN MILLER: Is there anyone in the public that
11:58:28 wants ton speak on item 84?
11:58:32 Need to close.

11:58:33 >>MARY MULHERN: Move to close.
11:58:34 >> Second.
11:58:35 (Motion carried).
11:58:35 >>GWEN MILLER: Mrs. Saul-Sena?
11:58:39 84.
11:58:39 >>LINDA SAUL-SENA: Move for adoption after second
11:58:46 reading, an ordinance authorizing encroachments of an
11:58:50 existing building and existing subsurface footers over
11:58:53 apportion of the public right-of-way known as Nassau
11:58:55 street lying in Benjamin's addition to West Tampa in
11:58:59 the City of Tampa, Hillsborough County as more
11:59:02 particularly described herein subject to certain
11:59:03 terms, covenants, conditions and agreements as more
11:59:06 particularly described herein providing an effective
11:59:07 date.
11:59:08 >> Second.
11:59:09 >>GWEN MILLER: Vote and record.
11:59:10 >>THE CLERK: Motion carried with Caetano, Miranda and
11:59:13 Scott being absent.
11:59:15 >>GWEN MILLER: Is there anyone in the public that
11:59:18 wants to speak on item 85?
11:59:20 >> Move to close.

11:59:20 >> Second.
11:59:21 (Motion carried).
11:59:21 >>MARY MULHERN: I move to adopt an ordinance upon
11:59:26 second reading, an ordinance making lawful the sale of
11:59:30 beverages containing alcohol of more than 1% by weight
11:59:32 and not more than 14% by weight and wines regardless
11:59:36 of alcoholic content beer and wine 2(COP) for
11:59:39 consumption on premises and in sealed containers for
11:59:42 consumption off premises at or from that certain lot,
11:59:45 plot or tract of land add 516 north Tampa street,
11:59:50 Tampa, Florida more particularly described in section
11:59:52 2 hereof waiving certain restrictions as to distance
11:59:55 based upon certain findings, providing for repeal of
11:59:57 all ordinances in conflict, providing an effective
11:59:59 date.
12:00:00 >> Motion and second.
12:00:01 Vote and record.
12:00:08 >>THE CLERK: Motion carried with Caetano, Miranda and
12:00:11 Scott being absent.
12:00:12 >>GWEN MILLER: Is there anyone in the public that
12:00:13 wants to speak on item 86?
12:00:15 >>JOHN DINGFELDER: I have a question on 86.

12:00:24 Question, Mr. Dingfelder.
12:00:25 >>JOHN DINGFELDER: Several of us weren't here at the
12:00:27 vote.
12:00:27 Could you remind us what this establishment is?
12:00:29 >>CATHERINE COYLE: Land development.
12:00:33 I can pull the file to remind you, that you Mr.
12:00:38 Hashem, the owner, showed pictures that day, a small
12:00:43 grocery store, has a meat market and there was a
12:00:45 question what it Watts going to be and he showed the
12:00:47 interior pictures, a small neighborhood grocery store.
12:00:50 >>JOHN DINGFELDER: I remember it now.
12:00:52 >>GWEN MILLER: We need to close.
12:00:53 >> Move to close.
12:00:54 >> Second.
12:00:54 (Motion carried).
12:00:55 >>JOHN DINGFELDER: Move the following ordinance upon
12:01:00 second reading, an ordinance making lawful the
12:01:02 conditional sale of beverages containing alcohol of
12:01:04 more than 1% by weight and not more than 14% by weight
12:01:06 and wines regardless of alcoholic content beer and
12:01:09 wine 2(APS) in sealed containers for consumption off
12:01:12 premises only at or from that certain lot, plot or

12:01:15 tract of land located at 1912 west Columbus drive,
12:01:17 Tampa, Florida as more particularly described in
12:01:19 section 2 hereof waiving certain restrictions as to
12:01:21 distance based upon certain findings imposing certain
12:01:24 conditions, providing for repeal of all ordinances in
12:01:26 conflict, providing an effective date.
12:01:28 >>GWEN MILLER: Motion and second.
12:01:29 Vote and record.
12:01:34 >>THE CLERK: Motion carried with Caetano, Miranda and
12:01:38 Scott being absent.
12:01:39 >>GWEN MILLER: We now go to recess until 1:30.
12:01:46 (City Council recess)













Tampa City Council
Thursday, February 21, 2008
1:30 p.m. Session

13:29:41 [Sounding gavel]
13:40:13 >>GWEN MILLER: Tampa City Council is called back to
13:40:15 order.
13:40:16 Roll call.
13:40:16 >>LINDA SAUL-SENA: Here.
13:40:18 >>CHARLIE MIRANDA: Here.
13:40:18 >>JOHN DINGFELDER: Here.
13:40:23 >>GWEN MILLER: Here.
13:40:24 If anyone is going to speak on items 83 through 93,
13:40:28 would you please stand and raise your right hand.
13:40:34 88 through 93.
13:40:41 (Oath administered by Clerk).
13:40:42 >>MARTIN SHELBY: I believe there are some items that
13:40:44 need to be received and filed into the record prior to
13:40:46 voting that have been available for public inspection
13:40:48 in City Council's chambers.

13:40:50 >>CHAIRMAN: Need a motion.
13:40:52 >> So moved.
13:40:54 >>GWEN MILLER: We have a motion and second.
13:40:55 (Motion carried)
13:41:01 We need to open number 88.
13:41:03 >> So moved.
13:41:04 >> Second.
13:41:04 (Motion carried)
13:41:10 >>CATHERINE COYLE: Land development.
13:41:27 Case WZ 07-130 is a request for 1600 east 8th
13:41:34 Avenue, unit E, 202.
13:41:36 Petition for an extension of wet zoning.
13:41:39 This is the old Dish restaurant.
13:41:43 You will notice an aerial in the front portion
13:41:48 complex, petitioner is requesting a one-year extension
13:41:51 for 4(COP-R) to serve full alcohol in the restaurant.
13:41:54 It was granted through ordinance 2000-51.
13:41:59 The 120-day continuance expired August 3rd, 2007.
13:42:03 And until February 2007, the owner leased the space
13:42:06 for a restaurant known as the Dish.
13:42:10 Since the space remained vacant the property remained
13:42:14 vacant.

13:42:15 Property owner is working to bring in a new tenant.
13:42:18 Also the space will be undergoing a redesign process
13:42:21 and according to the agent the restaurant should
13:42:23 reopen by March 2008.
13:42:29 Article 9 is noted for your reference.
13:42:31 There was one issue that I did want to bring to your
13:42:34 attention.
13:42:35 In the previous ordinance, you will note, it does
13:42:47 extend out into the 7th Avenue right-of-way.
13:42:48 That is the balcony for the dish itself and it is wet
13:42:51 zoned.
13:42:55 It really an issue that I want to bring to your
13:42:58 attention.
13:42:58 It technically a permanent wet zoning within a city
13:43:01 right-of-way which is not typically the case other
13:43:04 than for sidewalk cafe extension.
13:43:06 I want to note that for the record.
13:43:07 We believe that it should be pulled back, and then
13:43:12 they would be granted a separate extension.
13:43:14 We talked to petitioner about it, I believe, and the
13:43:17 legal description is still including the document.
13:43:21 >>LINDA SAUL-SENA: I'm a big believer in cafes and

13:43:23 balconies and I just can't imagine why you would have
13:43:26 a problem with this.
13:43:27 Can you explain why you don't want it?
13:43:32 This is for restaurant, not a bar.
13:43:34 They have to serve 51% food, right?
13:43:37 >>CATHERINE COYLE: They do, yes.
13:43:39 I think in reading the ordinance we weren't clear when
13:43:41 we looked at it at staff level that they couldn't even
13:43:44 receive a permanent wet zoning.
13:43:45 But on top of that, I believe a couple of years ago,
13:43:49 council even discussed whether or not there should be
13:43:51 drinking on all these balconies in Ybor.
13:43:54 There was a very big discussion about that as well.
13:43:56 I just wanted to bring that to your attention.
13:44:01 >>MARY MULHERN: I didn't understand, Cathy, you were
13:44:04 saying it should be pulled back.
13:44:06 You are saying we shouldn't allow that wet zoning to
13:44:08 extend on the patio?
13:44:11 >>CATHERINE COYLE: We believe it was done in error,
13:44:13 that it shouldn't have included a permanent wet zoning
13:44:15 in the city public right-of-way because technically
13:44:17 even though it in the air it's still within the

13:44:19 right-of-way.
13:44:22 >>MARY MULHERN: It does sound technical.
13:44:24 >>> It is.
13:44:24 >>CHARLIE MIRANDA: Thank you, Madam Chair.
13:44:28 Is there any other buildings in Ybor City that have
13:44:31 that configuration?
13:44:32 This is on the second floor.
13:44:33 Am I correct?
13:44:34 >>> Yes.
13:44:35 >> Are there any other buildings in Ybor City that
13:44:37 have that configuration that maybe the use of it is
13:44:43 there but it's not sold there, sold two feet away?
13:44:47 >>> Not to my knowledge, when the right-of-way
13:44:49 division was looking -- the right-of-way section was
13:44:52 looking at this, they actually brought to the our
13:44:54 attention.
13:44:54 If the wet zoning went out into the right-of-way which
13:44:57 is not typical.
13:44:57 >> But the question was never answered.
13:45:00 Not from you, but is there any other buildings on
13:45:05 7th Avenue that have the same configuration that
13:45:08 use alcohol on the balconies?

13:45:10 >>> I don't know.
13:45:13 >>MARY MULHERN: I think the other closed restaurant is
13:45:16 Centro Ybor, right across the street, has the old city
13:45:19 tavern.
13:45:23 I have been out on that balcony.
13:45:28 >>> That goes internal. That goes inside, I believe.
13:45:37 That wasn't doesn't incur, I don't believe, into the
13:45:40 right-of-way.
13:45:42 We just wanted to raise the issue.
13:45:45 >>CHAIRMAN: Is there anyone in the public that wanted
13:45:46 to speak on item 88?
13:45:49 We need a motion.
13:45:50 >>CHARLIE MIRANDA: Move to close.
13:45:51 >> Second.
13:46:00 >> Before we close.
13:46:03 >>JOHN DINGFELDER: The technical staff objection, do
13:46:06 you have any legal concerns about granting the balcony
13:46:08 contemporaneously with the other wet zoning?
13:46:14 >>> What you have right now is a wet zoning, a portion
13:46:16 of which is on city property.
13:46:18 It's a permanent wet zoning.
13:46:20 You don't allow wet zoning on your sidewalk.

13:46:24 It's temporary and they can be revoked if necessary.
13:46:26 This was not -- and this is my understanding that the
13:46:31 City Council, when they did this, was not made aware
13:46:35 of the fact that this was going to be a permanent wet
13:46:37 zoning on city property.
13:46:39 Nonetheless, it has continued.
13:46:42 It was granted.
13:46:43 But if you grant them an extension to not sell, what
13:46:48 you are doing is continuing this error that already
13:46:51 occurred.
13:46:51 But they did not go through the appropriate process
13:46:55 and you do not have a process for it right now.
13:46:57 If you want one that's something we could look into
13:47:00 how to effectuate that.
13:47:01 But if you don't grant this, that they would need to
13:47:04 come back for a 4(COP-R) with a legal description
13:47:08 which did not include the balcony.
13:47:11 >>JOHN DINGFELDER: And then come in for the temporary
13:47:13 permit on the balcony intruding --
13:47:18 >>LINDA SAUL-SENA: We don't even have a process yet.
13:47:20 >>REBECCA KERT: If you were to create a process, that
13:47:23 would be we would be happy to look into.

13:47:26 >>LINDA SAUL-SENA: I love our staff.
13:47:27 You all work hard.
13:47:28 You're creative.
13:47:29 I think there are times when we are just slightly too
13:47:33 bureaucratic.
13:47:33 I think we all want Ybor to be vibrant F.this were a
13:47:37 bar I wouldn't be supporting it.
13:47:38 It's a restaurant.
13:47:39 I feel like providing somebody the ability to do
13:47:42 something on a balcony, even though the error belongs
13:47:47 to the city, it's con -- the air belongs to the city,
13:47:50 I don't have any problem with it.
13:47:52 I'll make a motion we close this to go ahead.
13:47:55 >>MARY MULHERN: I just want to say, in line with that,
13:47:59 it isn't the same as the sidewalk, because you're
13:48:02 upstairs going outside, above the right-of-way.
13:48:06 So there's no way you are going to be interfering with
13:48:09 traffic on the street or anything like that.
13:48:11 So I will second Linda's motion.
13:48:14 I don't have a problem with it.
13:48:16 >>GWEN MILLER: We have a motion and second.
13:48:18 We have to close first.

13:48:19 Motion to close.
13:48:20 All in favor of the motion say Aye.
13:48:21 (Motion carried).
13:48:23 >>LINDA SAUL-SENA: My motion is to afford the
13:48:25 extension of time for the wet zoning.
13:48:29 >>MARY MULHERN: Second.
13:48:30 >>LINDA SAUL-SENA: Move the resolution.
13:48:34 >>CHAIRMAN: All in favor of that motion say Aye.
13:48:37 (Motion carried)
13:48:42 Did you want to speak, sir?
13:48:47 >>JOHN DINGFELDER: We're done.
13:48:48 Thank you.
13:48:49 [ Laughter ]
13:48:50 >>LINDA SAUL-SENA: As a follow-up, I know that when
13:48:53 Fry wanted to open on North Franklin Street it made
13:48:55 them completely crazy because our ordinances hadn't
13:48:58 been updated to make it possible for them to do what
13:49:00 they wanted to do with the roof. Anyway, what I would
13:49:04 like to do is ask Rebecca to think about things they
13:49:08 have, think of laws that we don't have addressing
13:49:11 those things in Tampa and bring them back to us.
13:49:14 Specifically if you could come up with a rule for

13:49:16 balconies, for roof restaurants, for innovative urban
13:49:20 kinds of situations, bring them back to us.
13:49:22 So when somebody comes to this city 'n and wants to do
13:49:25 these things we are ready to go.
13:49:26 We don't -- it doesn't have to take six months for us
13:49:29 to get the empowering ordinances in place.
13:49:33 So that's a motion.
13:49:35 And come back in 60 days with specifically the
13:49:38 balcony.
13:49:41 >>REBECCA KERT: We would be happy to look at that.
13:49:43 But because you are now going to be changing these
13:49:45 regulations to chapter 27, any changes that need to
13:49:47 come back in the next round --
13:49:50 >>LINDA SAUL-SENA: In the next round.
13:49:51 >>GWEN MILLER: Do you need a motion for that, Mrs.
13:49:54 Kert?
13:49:55 >>LINDA SAUL-SENA: Yes, we do, because they are
13:49:56 included in the batch, in the latest 27 batch.
13:49:58 >>GWEN MILLER: Did we get a second?
13:50:00 >> Second.
13:50:00 >>CHAIRMAN: Motion and second.
13:50:01 (Motion carried)

13:50:02 We are going to go back to number 82 now that we have
13:50:11 not a full council but a partial council.
13:50:13 Do we need to reopen it again?
13:50:15 Is there anyone to speak on item 82?
13:50:17 Close it.
13:50:18 >>JOHN DINGFELDER: Close it.
13:50:20 >>REBECCA KERT: I actually need to speak.
13:50:23 Rebecca Kert, legal department.
13:50:25 What I am presenting to you is a substitute ordinance
13:50:27 for second reading.
13:50:28 It's appropriate to continue for second reading.
13:50:34 One is strike through.
13:50:35 One is clean.
13:50:37 This is a clean copy so you can differentiate.
13:50:41 My office is working with the county on this.
13:50:43 She is out for medical reasons so I am going to
13:50:45 quickly explain to you the changes.
13:50:46 The first thing that I would like to explain is --
13:50:50 >>JOHN DINGFELDER: Wait.
13:50:52 You have a strike-through?
13:51:11 >>GWEN MILLER: Okay, we are ready.
13:51:12 >>REBECCA KERT: The changes that were made are

13:51:14 actually changes that are clarifications regarding the
13:51:16 easement interest.
13:51:17 I do want to make clear to City Council that there are
13:51:19 no changes to the conditions as the vacating including
13:51:24 returning the property, to get the sheriff to vacate
13:51:26 the property, or their conditions dealing with the
13:51:29 brick, the granite, the curb, in the event that the
13:51:31 property is returned to the city.
13:51:33 But everything will be returned in the present state
13:51:35 that it's in today.
13:51:37 Those conditions have not changed.
13:51:39 The one condition that probably there is an additional
13:51:41 condition that relates back to the easement interest
13:51:44 that may require some clarification is simply states
13:51:48 that the petitioner is able to receive written
13:51:52 approval, or to request the ability to put the core
13:51:59 structures that's already being contemplated in that
13:52:02 area, and they are allowed to use easement holder's
13:52:05 written approval that they are already allowed to do
13:52:07 that because that's no substantive change, except the
13:52:10 county and the city felt it's important to call that
13:52:12 out so everybody fully understood that.

13:52:15 But everyone if we didn't have that section in there,
13:52:17 they would still be able to contact the easement
13:52:19 holders and ask for written approval to have the
13:52:23 structural support.
13:52:25 The only other change had to do with the legal
13:52:27 description, and that was just a scrivener's error.
13:52:30 We had 20th street and 20th Avenue in there.
13:52:33 And as we all know, it is 20th street.
13:52:36 That's really all I have to add, but I am available if
13:52:38 you have any questions about any of the changes.
13:52:42 >>GWEN MILLER: Sir, are you going to speak?
13:52:45 >>> My name is Edwin Johnson, 935 east 11th
13:52:53 Avenue.
13:52:53 I have been sworn.
13:52:55 I just wanted to speak again.
13:52:57 I spoke at the Barrio Latino, I guess probably about a
13:53:01 month ago, and just reiterate my opposition to the
13:53:03 closing.
13:53:04 I think that -- I guess I'm a little confused why it
13:53:08 must close all the way down to 8th Avenue.
13:53:11 I believe it's not to the vacating link.
13:53:16 And I'm a little concerned about that and the

13:53:24 sheriff's ability stow close down the entire road.
13:53:28 There is a large parking lot to the businesses there.
13:53:31 The only entrance is off of 20th, north of
13:53:36 8th.
13:53:36 So that's one of my concerns.
13:53:37 I also think in general we shouldn't be closing more
13:53:40 rights-of-way in the historic district.
13:53:42 And I hope, and I wished that the council would have
13:53:46 accepted the barrio's position.
13:53:49 But you guys had to make your decision.
13:53:52 Thank you very much.
13:53:52 >>GWEN MILLER: Would anyone else like to speak?
13:53:54 Need to close.
13:53:54 >>CHARLIE MIRANDA: Move to close.
13:53:56 >> Second.
13:53:56 (Motion carried).
13:53:57 >>GWEN MILLER: Mr. Miranda, would you read that,
13:53:59 please?
13:54:04 >>LINDA SAUL-SENA: I want to the speak after he reads
13:54:05 it.
13:54:06 >>CHARLIE MIRANDA: Just for the record, Ybor City has
13:54:10 certainly changed in the last 45 years, the interstate

13:54:15 divided and closed 16th, 17th, 18th, 19th,
13:54:18 20th, and has only 21st street going north and
13:54:21 south.
13:54:22 16th street used to run from Adamo drive through
13:54:25 all the way to 21st Avenue, jaggered to the right
13:54:31 50 feet or so and then jaggered north to Lake Avenue.
13:54:35 That doesn't happen anymore.
13:54:36 9th Avenue used to run through from east of Tampa
13:54:40 all the way through.
13:54:41 That stops now on 21st street.
13:54:44 Do we like what we are doing?
13:54:46 It's the right thing.
13:54:49 Maybe I don't like it but it's the right thing to do.
13:54:51 This is not a unique situation.
13:54:53 This is a situation due to the demands of Ybor City.
13:54:58 The federal government did a highway called the
13:55:01 interstate.
13:55:02 It went right through it.
13:55:03 There was no vote taken.
13:55:06 Centro Ybor was built right on 16th street.
13:55:08 13th street stops at the new hotel, right there
13:55:13 off of Adamo drive.

13:55:17 Scott street, I don't remember if it named after the
13:55:21 good reverend's family or not.
13:55:23 I don't think it was.
13:55:24 But it stops there between the TECO property and K
13:55:28 force.
13:55:28 So there's a lot of streets that are closed on Avenue
13:55:37 did he Cuba.
13:55:37 I think I said right.
13:55:39 Used to run in a straight line.
13:55:40 14th street used to be -- and those things have
13:55:43 all changed.
13:55:44 And when you come back, between the Cuban club, the
13:55:48 depot, you have to turn right or you have to turn
13:55:51 left.
13:55:51 And I have seen -- I see in a detriment to those
13:55:55 streets closed for the improvement of the general
13:55:57 public.
13:55:58 I'm not closing a road because I want to close a road.
13:56:01 I'm closing a road, or going to vote for one because I
13:56:05 feel it's the necessary thing to do at this time in
13:56:07 history. With that I'll read the ordinance and then
13:56:10 we can discuss it.

13:56:12 An ordinance vacating, closing, discontinuing, and
13:56:15 abandoning certain right-of-way all that portion of
13:56:18 20th street lying south of Palm Avenue, north of
13:56:20 8th Avenue, east of 19th street, and west of
13:56:24 21st street in plan of an addition to Ybor City, a
13:56:28 subdivision located in the city of Tampa, Florida, the
13:56:33 same being more fully described in section 2 hereof,
13:56:35 providing an effective date.
13:56:36 >>GWEN MILLER: I have a motion and second.
13:56:39 Question on the motion.
13:56:40 Mrs. Saul-Sena.
13:56:40 >>LINDA SAUL-SENA: I have been paying close attention
13:56:43 to the evolution of Ybor City for years.
13:56:45 And the good news is it's getting better.
13:56:47 Mr. Miranda cited a number of streets that have been
13:56:50 closed in the past, and I think that if we had the
13:56:52 opportunity now with the redevelopment that we are
13:56:55 seeing, to revisit some of those decisions, we
13:56:57 wouldn't make those decisions.
13:56:59 I feel that the Sheriff's Department did a very poor
13:57:02 job of explaining exactly what the national security
13:57:05 threat is, which I thought was a scare tactic.

13:57:08 I thought that the barrio was very clear in their
13:57:10 objections to this.
13:57:12 We heard clearly from the editor of cigar city
13:57:19 magazine who cares deeply about Ybor City why in the
13:57:22 best interest of the evolution of Ybor City this is
13:57:25 not a good decision.
13:57:27 And I implore at least one other council member to
13:57:30 join me in voting for disapproval for this.
13:57:33 Thank you.
13:57:33 >>GWEN MILLER: We have a motion and second.
13:57:35 Vote and record.
13:57:41 >>THE CLERK: Motion carried with Saul-Sena voting no,
13:57:47 Scott and Caetano absent.
13:57:48 >>CHAIRMAN: We need to open number 89.
13:57:51 >> So moved.
13:57:53 >> Second.
13:57:53 (Motion carried)
13:58:05 >>CATHERINE COYLE: Land development.
13:58:14 Petition WZ 07-156, request for a 2(COP-R), 9801 north
13:58:20 Nebraska Avenue.
13:58:22 2(COP-R), beer, wine sales in association with a
13:58:25 restaurant.

13:58:26 The building contains 2,102 square feet.
13:58:31 It is a one-story building.
13:58:32 There are three wet zoned establishments within a
13:58:35 thousand feet and two residential properties.
13:58:37 No institutional uses within a thousand feet.
13:58:41 As noted in the staff report you do have the ability
13:58:43 to waive the distance criteria per 378.6.
13:58:47 Just to orient you with the site for those of you
13:58:52 familiar with the intersection of Linebaugh and
13:58:54 Nebraska, this is, I think, an old 7-Eleven, I think
13:58:58 it's a Citco now.
13:58:59 The site is right here, the next block south.
13:59:03 This is the front of the building.
13:59:08 This is the side.
13:59:13 The rear parking area.
13:59:19 To give you an idea of what's around, there's auto
13:59:22 repair immediately to the south.
13:59:24 Small apartment complex.
13:59:28 And then some vacant commercial.
13:59:31 Some other mixed commercial use as cross the street.
13:59:34 We have no objections.
13:59:38 >>> Officer Don Miller, City of Tampa police.

13:59:44 Police department has no objection to this petition.
13:59:47 >>GWEN MILLER: Petitioner?
13:59:56 Petitioner?
13:59:58 >>> We are here just to see if you guys can give
14:00:06 approval so we can start selling beer and alcohol.
14:00:08 >>CHAIRMAN: Does anyone in the public want to speak on
14:00:11 89?
14:00:12 >> Move to close.
14:00:14 >> Second.
14:00:14 (Motion carried).
14:00:15 >>LINDA SAUL-SENA: I would like to move the following
14:00:21 ordinance, an ordinance making lawful the sale of
14:00:23 beverages containing alcohol of more than 1% by weight
14:00:25 and not more than 14% by weight and wines regardless
14:00:28 of alcoholic content, beer and wine, 2(COP-R), for
14:00:32 consumption on the premises only in connection with a
14:00:34 restaurant business establishment on that certain lot,
14:00:36 plot or tract of land located at 9801 north Nebraska
14:00:40 Avenue, Tampa, Florida, as more particularly described
14:00:42 in section 2 hereof, waiving certain restrictions as
14:00:45 to distance based upon certain findings, providing for
14:00:49 repeal of all ordinances in conflict, providing an

14:00:51 effective date.
14:00:51 >>GWEN MILLER: I have a motion and second.
14:00:54 All in favor of the motion say Aye.
14:00:56 Opposed, Nay.
14:00:56 >>THE CLERK: Second reading and adoption will be on
14:01:00 March 6th at 9:30.
14:01:01 >>GWEN MILLER: We need to open number 90.
14:01:04 >> So moved.
14:01:04 >> Second.
14:01:05 (Motion carried)
14:01:15 >>CATHERINE COYLE: This is a petition for an extension
14:01:17 of time.
14:01:21 Catherine Coyle, land development.
14:01:23 Request WZ 08-19 for the property located at 507, 509,
14:01:28 511 North Franklin Street.
14:01:29 It is for a 4(COP).
14:01:32 As noted before, in article 9, discontinuance of sales
14:01:36 as noted in the staff report.
14:01:37 You do have the ability to grant a one-year extension.
14:01:43 It was approved by ordinance number 1997-232.
14:01:47 It is a three-story building, sell of alcohol will
14:01:50 only be on the first two floors.

14:01:52 The first floor was a restaurant that is vacant, the
14:01:57 old bread and butter restaurant.
14:02:00 Orientation.
14:02:04 The element, was called "the office" but it was a
14:02:13 restaurant.
14:02:15 The corner was where the GTE federal credit union used
14:02:22 to be.
14:02:24 It's right on Franklin Street across from the old
14:02:27 Burger King.
14:02:30 In the report, it's your discretion whether or not you
14:02:32 want to grant based upon the petitioner's
14:02:35 justification.
14:02:35 Staff had no objections.
14:02:40 >>> Officer Miller, City of Tampa police department.
14:02:42 The Tampa Police Department has in a objection to this
14:02:45 petition.
14:02:45 >>GWEN MILLER: Is petitioner here?
14:02:52 >>> My name is Chris Kasten.
14:02:55 I am the petitioner.
14:02:56 We are in the process of doing some renovation work on
14:02:58 this property, trying to get it released as a
14:03:01 restaurant on the first and second floor.

14:03:05 It's my understanding that this particular original
14:03:08 ordinance applied to all three floors.
14:03:10 This is a three-story building.
14:03:12 It has two stories on 9,000 square feet each.
14:03:14 The third floor is 2,000 square feet.
14:03:17 If I'm in error in that, then I would stand corrected
14:03:20 but it's my understanding that the documentation
14:03:22 initially was for the entire building.
14:03:24 >>GWEN MILLER: Catherine Coyle.
14:03:31 >>> I have the attachment to the ordinance here.
14:03:33 Existing three-story building to be utilized for sale
14:03:36 of alcoholic beverages.
14:03:46 >>JOHN DINGFELDER: Has the third floor been used
14:03:48 previously?
14:03:48 >>> I do not know the answer to that.
14:03:50 I do not know.
14:03:59 >>CATHERINE COYLE: Sorry about that.
14:04:00 I didn't actually write the report, I just read it.
14:04:03 I have the ordinance in front of me.
14:04:05 And the attachment, the survey does say existing
14:04:08 three-story building area to be utilized for sale of
14:04:10 alcoholic beverages.

14:04:13 Unless I see any other evidence, I guess it is the
14:04:15 three-story.
14:04:18 I don't know that there was ever a restaurant, at
14:04:20 least in my memory.
14:04:22 >>GWEN MILLER: Can we take the resolution that we have
14:04:27 today and still pass it?
14:04:29 >>> No, it wouldn't.
14:04:30 >> We need to close the public hearing.
14:04:36 >>GWEN MILLER: Anyone want to speak?
14:04:40 Motion to close the public hearing.
14:04:42 (Motion carried).
14:04:44 >>JOHN DINGFELDER: Move the resolution.
14:04:46 >> Second.
14:04:46 (Motion carried).
14:04:47 >>GWEN MILLER: We need to open number 91.
14:04:55 >>JOHN DINGFELDER: So moved.
14:04:55 >> Second.
14:04:56 (Motion carried)
14:04:56 >>CATHERINE COYLE: Land development.
14:05:16 This petition WZ 08-41, is for the location at 1418
14:05:24 east Busch Boulevard.
14:05:27 This aerial is about a year and a half old.

14:05:30 There is a building there now.
14:05:31 I'll show it to you.
14:05:32 To orient you with the site.
14:05:34 This is the cut-out survey.
14:05:38 It's kind of an industrial storefront type structure
14:05:44 that was built on the site.
14:05:47 The railroad track runs directly to the east at an
14:05:51 angle.
14:05:51 That's the reason for the shape of the property.
14:05:54 This is directly across the street.
14:05:59 I did a Tae Kwon Do right there.
14:06:04 Very familiar with it.
14:06:10 It appears they are requesting a 2(COP) for sale of
14:06:13 the beer and wine.
14:06:14 The requester is Tampa humidor, Inc. Petitioner is
14:06:18 requesting this wet zoning for a 5500 square feet, of
14:06:21 which 500 square feet are located outside.
14:06:24 There will be 62 feet total.
14:06:26 50 of them inside.
14:06:27 12 outside.
14:06:28 The alcohol sales are incidental to the primary
14:06:34 function.

14:06:34 There are two wet zoned sites.
14:06:36 One residential property and one institutional use
14:06:40 within a thousand feet.
14:06:41 Staff has no objection.
14:06:46 >>> Officer Don Miller, City of Tampa police
14:06:48 department.
14:06:49 The police department has in a objection to this wet
14:06:51 zoning.
14:06:51 >>GWEN MILLER: Petitioner.
14:06:57 >>> Good afternoon.
14:07:00 Tampa humidor.
14:07:01 Our purpose for this is a new store that I am opening.
14:07:05 Our primary business is the sale of cigars and
14:07:08 accessories and we want to use this to complement our
14:07:11 smoking lounge that we are going to have.
14:07:14 >>GWEN MILLER: Is there anyone in the public that's
14:07:15 going to speak on item number 91?
14:07:20 >>LINDA SAUL-SENA: Move to close.
14:07:21 >> Second.
14:07:21 (Motion carried).
14:07:22 >>GWEN MILLER: Mr. Dingfelder?
14:07:23 Read that, please.

14:07:26 >>JOHN DINGFELDER: Number 91.
14:07:32 I move an ordinance for first reading, making lawful
14:07:34 the sale of beverages containing alcohol more than 1%
14:07:37 by weight and not more than 14% by weight and wines
14:07:39 regardless of alcoholic content, beer and wine, 2(COP)
14:07:42 for consumption on premises and in sealed containers
14:07:45 for consumption off premises at or from that certain
14:07:47 lot, plot or tract of land located at 1418 east Busch
14:07:50 Boulevard, Tampa, Florida, as more particularly
14:07:53 described in section 2 hereof, waiving certain
14:07:55 restrictions as to distance based upon certain
14:07:57 findings, providing for repeal of all ordinances in
14:08:00 conflict, providing an effective date.
14:08:02 >>GWEN MILLER: We need a second.
14:08:03 >> Second.
14:08:04 >>JOHN DINGFELDER: Technical question of staff.
14:08:07 And nothing much in the way of detail.
14:08:08 Is this the entire strip, wet zoning the entire strip?
14:08:13 >>CATHERINE COYLE: A portion of it.
14:08:15 >> Is that a unique address, 1418?
14:08:17 Or is there a 1418-B?
14:08:20 >>> That's a good question.

14:08:22 It's a brand new property.
14:08:25 >> Is the whole building 1418?
14:08:31 >>> Actually we have half of that building.
14:08:33 So suites 105, 6, 7 and 8.
14:08:37 >>GWEN MILLER: Let's hear from legal about the
14:08:40 description of the ordinance.
14:08:42 >>REBECCA KERT: Legal department.
14:08:44 In the ordinance it has the property more specifically
14:08:48 described.
14:08:49 And so it actually calls out the area attached to the
14:08:52 ordinance.
14:08:52 >> Half the building?
14:08:55 >>> Half the building.
14:08:56 >>GWEN MILLER: We have a motion and second.
14:08:58 (Motion carried).
14:08:59 >>THE CLERK: Second reading and adoption will be held
14:09:03 on March 6th at 9:30.
14:09:05 >>CHAIRMAN: Need to open 92.
14:09:07 >> So moved.
14:09:08 >> Second.
14:09:08 (Motion carried).
14:09:09 >>REBECCA KERT: Legal department.

14:09:10 I need to substitute the ordinance for this.
14:09:13 The petitioner back in January sent a legal
14:09:17 description which had not been included in the
14:09:18 ordinance until right now.
14:09:20 So I'm letting you know.
14:09:25 >>CATHERINE COYLE: Land development.
14:09:27 Petition WZ 08-47 is for the location at 1601 West
14:09:31 Kennedy Boulevard.
14:09:33 Originally it was within Dixie.
14:09:35 Now it has been vacant and turning into a Wal-Mart
14:09:40 grocery store, the neighborhood center.
14:09:42 We do have one in north Seminole Heights up in the
14:09:45 north gate shopping plaza as well.
14:09:48 To give you a point of reference.
14:09:49 The request is for a 2(APS) wet zoning to sell beer
14:09:53 and wine in connection with this grocery store
14:09:55 supermarket.
14:09:56 The area will contain 58,464 square feet.
14:10:01 Sale of alcohol will be incidental to the primary
14:10:03 function of the business.
14:10:04 There is one wet zoned property, one residential
14:10:06 property, and five institutional uses within a

14:10:10 thousand feet.
14:10:13 Just to show you the site itself from a cut-out legal,
14:10:17 staff had no objection.
14:10:21 >>LINDA SAUL-SENA: On our drawing it shows a red line
14:10:24 around the building and then a yellow line around the
14:10:27 whole site.
14:10:28 We are just being asked to rezone the red line
14:10:31 building?
14:10:32 >>> Yes.
14:10:32 The red line is the zoned section and then the yellow
14:10:36 line is the overall parcel just to give you a point of
14:10:39 reference.
14:10:39 >>LINDA SAUL-SENA: Thank you.
14:10:40 >>> Officer Don Miller, City of Tampa police
14:10:45 department.
14:10:47 Police department has no objection to this wet zone.
14:10:49 >>GWEN MILLER: Petitioner?
14:10:50 >>> Good afternoon.
14:10:56 401 East Jackson Street.
14:10:57 With me, the project engineer, Dave walker and James
14:11:03 Fogarty, and we are here on behalf of Wal-Mart stores
14:11:09 with request of approval of 2(APS) and 3(APS) wet zone

14:11:13 petition for property located at 1601 Kennedy
14:11:17 Boulevard.
14:11:17 >>CHAIRMAN: Can I interrupt you for a second?
14:11:19 >>> Sure.
14:11:19 >> Is there anyone in the public that wants to speak
14:11:22 on 92?
14:11:24 >>JOHN DINGFELDER: Move to close.
14:11:25 >> Good presentation.
14:11:27 Good for you to bring Jim along because he needs
14:11:29 training.
14:11:30 >>MARTIN SHELBY: Council, just for the record, Mr.
14:11:34 Porter did provide backup material and is asking that
14:11:36 be placed into the record.
14:11:37 >>GWEN MILLER: We have a motion and second.
14:11:38 All in favor of the motion say Aye.
14:11:40 (Motion carried).
14:11:42 (Motion carried).
14:11:44 >>MARY MULHERN: I move an ordinance making lawful the
14:11:47 sale of beverages containing alcohol of more than 1%
14:11:51 by weight and not more than 14% by weight and wines
14:11:54 regardless of alcoholic content beer and wine 2(APS)
14:11:58 in sealed containers for consumption off premises only

14:12:01 at or from that certain lot, plot or tract of land
14:12:04 located at 1601 West Kennedy Boulevard, Tampa,
14:12:07 Florida, as more particularly described in section 2
14:12:10 hereof, waiving certain restrictions as to distance
14:12:13 based upon certain findings, providing for repeal of
14:12:16 all ordinances in conflict, providing an effective
14:12:18 date.
14:12:19 >>GWEN MILLER: I have a motion and second.
14:12:21 Question on the motion.
14:12:25 >>JOHN DINGFELDER: What's the relationship between 92
14:12:27 and 93?
14:12:28 >> I was just going to read that as soon as you opened
14:12:30 it.
14:12:30 It's the liquor store.
14:12:31 You are doing the grocery store right now.
14:12:33 Liquor store is coming up next.
14:12:35 I was going to show it to you and be really brief.
14:12:39 >>JOHN DINGFELDER: I just wonder why it wasn't done
14:12:41 together.
14:12:42 >>> They are two separate ordinances, separate
14:12:44 requests.
14:12:45 One is a 3(APS), one is a 2(APS).

14:12:48 >> Got it.
14:12:49 (Motion carried).
14:12:50 >>THE CLERK: Second reading and adoption will be on
14:12:53 March 6th at 9:30.
14:12:55 >>CHARLIE MIRANDA: So moved to open 93.
14:12:58 >> Second.
14:12:59 (Motion carried).
14:13:00 >>CATHERINE COYLE: Land development.
14:13:02 WZ 08-48 also for 1601 West Kennedy Boulevard
14:13:06 requesting approval of a 3 PS.
14:13:10 Just to show you the relationship.
14:13:12 It is this corner piece of the building where the
14:13:14 liquor store will be located for the Wal-Mart super
14:13:18 center, the neighborhood center.
14:13:21 Staff has no objections.
14:13:22 >>GWEN MILLER: Okay.
14:13:25 >>> Officer Don Miller, City of Tampa police.
14:13:28 Once again the police department has no objection to
14:13:29 this wet zoning.
14:13:30 >>GWEN MILLER: Petitioner.
14:13:36 >>> Adjoining the grocery store at the same location,
14:13:41 and we would just like to have the exhibit entered

14:13:45 into the record.
14:13:45 >> Your name again for the record, please?
14:13:45 >> Kim Madison.
14:13:49 >>GWEN MILLER: Does anyone in the public want to speak
14:13:50 on item number 93?
14:13:52 >> Move to close.
14:13:53 >> Second.
14:13:53 >>JOHN DINGFELDER: Question to the question.
14:13:59 Ms. Madison, what are the hours of the package store?
14:14:06 >>> The hours, I believe -- I am not exactly sure what
14:14:12 the hours are going to be at this point.
14:14:14 >>JOHN DINGFELDER: I know there's a couple package
14:14:21 stores up and down Kennedy that have been there
14:14:24 forever, you know.
14:14:25 What's that, Sweetbay now has a package store on
14:14:27 Swann.
14:14:30 I'm just not sure, you know, 24-hour liquor store is
14:14:34 necessarily a great idea.
14:14:35 >>> I'm confident it's not going to be a 24 hour.
14:14:40 >>> Alcoholic beverages have to end by 3:00 whether
14:14:54 on-site consumption or off.
14:14:58 >>LINDA SAUL-SENA: Did you contact the neighborhood

14:14:59 association?
14:15:00 >>> Yes.
14:15:01 I talked to all the neighborhood associations in the
14:15:03 area.
14:15:05 They were notified.
14:15:07 Based on what the city recommended and also from the
14:15:12 property appraiser's office.
14:15:13 >> Did any of them contact you and ask questions?
14:15:17 >>REBECCA KERT: I received no inquiries personally.
14:15:19 And I have been in contact with Barbara LePore and on
14:15:24 the members of staff to see whether or not there have
14:15:26 been any inquiries.
14:15:27 >> And did the previous use have a package sale
14:15:30 component?
14:15:31 >>> The previous use, which was mentioned, the
14:15:33 Winn-Dixie store, does have the same pattern. The
14:15:37 2(APS) and the grocery area and the adjoining liquor
14:15:41 area which would be the 3 PS permit as to sales of
14:15:46 beer, wine and liquor, package sales for consumption
14:15:51 off premises.
14:15:51 >> My only concern is the City of Tampa has adopted a
14:15:59 Kennedy Boulevard overlay which if you are building a

14:16:00 new store you have to pay attention to in terms of the
14:16:01 design.
14:16:02 We are really trying to upgrade this area.
14:16:04 We are seeing some major new investments which is very
14:16:06 heartening.
14:16:07 And we just don't want the hangout for people who used
14:16:13 to spend time at the sent area cross the street which
14:16:17 only took us four years to eliminate.
14:16:18 So we put a lot of effort into upgrading and cleaning
14:16:22 up this area.
14:16:23 And there's just some concern.
14:16:26 About a package sale place at this location.
14:16:31 >>> Well, the building layout will remain virtually
14:16:34 the same.
14:16:35 It's going to be the exact same pattern takes
14:16:38 Winn-Dixie store was, the previous site owner of that
14:16:42 property.
14:16:42 It is a grocery store will not be a super center, not
14:16:46 going to feature any kind of retail sales to it.
14:16:51 Food and a pharmacy.
14:16:53 And in that they will sell the package beer and wine,
14:17:00 typical of several other competing grocery stores in

14:17:02 the area, as well as the adjoining --
14:17:07 >> Will you have outdoor seating?
14:17:09 >>> No.
14:17:10 >> What kind of security do you anticipate having on
14:17:12 the property?
14:17:14 >>> The security, I believe --
14:17:20 >> We just don't want people buying liquor, sitting on
14:17:22 the curb and drinking and, you know, starting a whole
14:17:26 negative energy in that part of Kennedy.
14:17:28 >>> I know the petitioner worked very closely with the
14:17:32 neighborhood association, and the adjoining businesses
14:17:36 in the area, to ensure not only that the security
14:17:41 meets their requirements but the concerns of any
14:17:44 neighbors and adjoining areas.
14:17:45 And the store will feature, I believe, round the clock
14:17:49 security.
14:17:54 >>GWEN MILLER: We have a motion to close.
14:17:58 (Motion carried)
14:17:59 Mr. Miranda, would you read that, please.
14:18:01 >>CHARLIE MIRANDA: Move an ordinance making lawful the
14:18:03 sale of beverage regardless of alcoholic content,
14:18:06 beer, wine and liquor 3 PS in sealed containers for

14:18:09 consumption off premises only at or from that certain
14:18:12 lot, plot or tract of land located at 1601 East
14:18:16 Kennedy Boulevard Tampa, Florida as more particularly
14:18:19 described in section 2 hereof waiving certain
14:18:21 restrictions as to distance based upon certain
14:18:23 findings, providing for repeal of all ordinances in
14:18:26 conflict, providing an effective date.
14:18:28 >>GWEN MILLER: We have a motion and second.
14:18:29 Question on the motion.
14:18:30 Mr. Dingfelder.
14:18:31 >>JOHN DINGFELDER: I'll support the motion today for
14:18:33 first reading.
14:18:35 Perhaps if the neighborhood hears about it and wants
14:18:39 some limitation on hours they'll let us know between
14:18:41 now and second reading.
14:18:42 >>GWEN MILLER: All in favor of the motion say Aye.
14:18:47 Opposed?
14:18:47 >>LINDA SAUL-SENA: I share that concern.
14:18:50 >>> Second reading and adoption will be held on March
14:18:53 6th at 9:30.
14:18:54 >>CATHERINE COYLE: Two different issues really
14:18:59 quickly.

14:18:59 I was handed a note by my staff.
14:19:01 There's a case that's supposed to be scheduled for
14:19:03 March 20, 08, in the morning for a wet zoning case, WZ
14:19:07 0865.
14:19:08 Apparently they have misnoticed.
14:19:10 They know that they have.
14:19:11 They paid the amendment fee and they were hoping to
14:19:14 get a motion to re schedule for April 17th.
14:19:16 They have done that in advance but they misnoticed.
14:19:18 If that's possible to reschedule WZ 08-65 to 4-17-08.
14:19:26 >> They sent out the notices.
14:19:27 They have done everything.
14:19:28 I don't see any difficulty.
14:19:29 >>GWEN MILLER: Motion and second.
14:19:30 All in favor of the motion say Aye.
14:19:32 Opposed, Nay.
14:19:34 (Motion carried).
14:19:34 >>CATHERINE COYLE: The second item, the motion that
14:19:37 was made about putting language in the July cycle, I
14:19:40 want to make sure I got it clear.
14:19:43 Looking at the alcohol requirements for sales on
14:19:47 balconies that potentially encroach into a

14:19:52 right-of-way, you were saying you wouldn't support it
14:19:55 if it were a bar but because it's a restaurant.
14:19:56 I just want to make sure I got it.
14:19:58 >>LINDA SAUL-SENA: I honestly think we need to look at
14:20:00 both and let council decide.
14:20:02 We need to have some vehicle in place.
14:20:06 Perhaps there's a bar that could convince us that was
14:20:09 appropriate.
14:20:09 I don't know.
14:20:10 But I don't feel -- I would support for all
14:20:15 classifications.
14:20:20 >>> And also to look at what somebody would have to do
14:20:22 to rezone a rooftop.
14:20:26 A wet zoning for a rooftop.
14:20:28 It might be, in the future, who knows, that somebody
14:20:32 wants to rezone not the building below, it might be a
14:20:36 different sort of use, but the roof could be a
14:20:38 restaurant and a bar.
14:20:39 >>> That was the issue with you the fly.
14:20:42 TPD may have had issues with the rooftop.
14:20:44 But the -- it was a process problem with the fly
14:20:48 because the sidewalk has a permanent to be out on the

14:20:53 sidewalk with a restaurant.
14:20:55 That travels through transportation department.
14:20:57 Then the wet zoning department goes through our office
14:21:00 and we can't assign a wet zoning number until we get
14:21:03 the other permit.
14:21:04 It's a process problem.
14:21:05 >> Have we worked through this process problem?
14:21:09 >>> One of the big changes was moving to chapter 27
14:21:12 and going to the special use process as the first
14:21:14 step.
14:21:15 The second step is to fix the language in chapter 22
14:21:18 and working with transportation to try to make it one
14:21:21 coordinator process as opposed to two.
14:21:23 >>LINDA SAUL-SENA: But I want to be proactive and
14:21:25 address the rooftop issue before somebody asks, if
14:21:29 somebody wants to do it, we have already developed a
14:21:31 process for it instead of having to string them along
14:21:34 for six months while we figure out a process.
14:21:36 >>> Okay.
14:21:37 The only other issue with the balcony issue that I
14:21:40 see, can't be answered today because we'll need to
14:21:43 look into it.

14:21:44 You grant encouragement for out of the right-of-way
14:21:48 and there's always language that says we can take that
14:21:50 away from you because you are encroaching.
14:21:52 All of a sudden we allow them, we give them a zoning
14:21:55 or special use for alcohol within the right-of-way as
14:21:57 well.
14:21:57 What if we take that away?
14:22:00 We are going to have to talk about that legally.
14:22:02 >>LINDA SAUL-SENA: Maybe we should reconsider the
14:22:04 encroachment issue and making it permanent.
14:22:06 It seems to me if a person is making an investment on
14:22:09 a balcony -- maybe that will be part of the issue.
14:22:15 >>CHARLIE MIRANDA: It not the rooftop that bothers me,
14:22:21 it's the landing.
14:22:23 [ Laughter ]
14:22:23 >>GWEN MILLER: Okay.
14:22:25 We go to information from council members.
14:22:27 Ms. Mulhern, do you have anything?
14:22:30 Mr. Dingfelder?
14:22:31 >>JOHN DINGFELDER: I have six but I am going to do
14:22:33 them real fast.
14:22:34 >>CHAIRMAN: Um, do we allow six?

14:22:38 [ Laughter ]
14:22:39 >>JOHN DINGFELDER: On March 27th we had a workshop
14:22:41 to discuss the chicken issue, and the folks that came
14:22:45 in front of us had asked us to cancel that workshop so
14:22:49 I am going to abide by their request.
14:22:51 And I move to cancel that workshop.
14:22:53 >>LINDA SAUL-SENA: Second.
14:22:54 (Motion carried).
14:22:55 >>MARTIN SHELBY: That was scald for the 27th of
14:22:58 March.
14:22:58 >>JOHN DINGFELDER: Leaving the slot open.
14:23:04 >>CHAIRMAN: Nothing else?
14:23:05 >>JOHN DINGFELDER: Last week when we so effectively
14:23:08 moved forward with a lot of these green issues, I
14:23:10 realized that we had let the water and wastewater
14:23:17 department off the hook and I didn't mean to do that.
14:23:19 I would like a report from Ralph Metcalf and Brad
14:23:23 Baird separately about, April 3rd, to identify
14:23:26 ways that they can provide incentives related to their
14:23:29 capacity or impact fees for developers who use less
14:23:34 water, or discharge less sewage.
14:23:37 The same type of motion.

14:23:38 And I did make for one of the other utilities.
14:23:41 But I forgot to do it for water and sewer.
14:23:44 >>LINDA SAUL-SENA: Second.
14:23:45 >>CHAIRMAN: Motion and second.
14:23:46 (Motion carried).
14:23:46 >>JOHN DINGFELDER: Third, a commendation, I read here
14:23:51 that project return, which is a wonderful
14:23:53 organization, helping mentally ill in our community,
14:23:58 just celebrating their 25th anniversary.
14:24:00 I would like to give them a commendation and a future
14:24:02 date.
14:24:03 >> Second.
14:24:04 (Motion carried).
14:24:05 >>GWEN MILLER: This coming Wednesday, the 27th of
14:24:13 February from 6:00 to 8:00 at Kate Jackson, we are
14:24:17 going to have a community forum to discuss the
14:24:21 possibility of local campaign finance reform.
14:24:24 And I'm not going to get into discussion today.
14:24:27 Just people in the community that want to talk about
14:24:29 it and start banging around ideas, or later will come
14:24:33 to council.
14:24:34 So what I would like to do just in case any council

14:24:36 members want to possibly attend, because I will be
14:24:39 there, is ask the clerk to notice the meeting, and
14:24:43 we'll make sure that if more than one council member
14:24:46 is there, we will take adequate minutes and a bid by
14:24:49 the sunshine.
14:24:50 >>LINDA SAUL-SENA: Second.
14:24:52 >>JOHN DINGFELDER: To repeat that, if anybody is
14:24:56 interested in the campaign finance, local campaign
14:24:59 finance reform issue, that will be next Wednesday,
14:25:02 February 27, 6 to 8 p.m. at Kate Jackson rec center in
14:25:07 Hyde Park Village.
14:25:09 The next item is when Steve Daignault and Santiago
14:25:16 Corrada were here about Curtis Hixon park it was sort
14:25:19 of a rushed discussion, and I didn't really understand
14:25:21 what was going to be phase one, what was going to be
14:25:24 phase two and what we were going to get in phase one
14:25:26 and what we were going get in phase two and how we
14:25:30 were going to pay for phase two if we were doing that
14:25:32 at all.
14:25:33 So prior though that coming to us as an agenda item
14:25:35 which I think Daignault said would be March 20th,
14:25:38 I would like March 6 for them to give us a staff

14:25:41 report and update on Curtis Hixon park so we can have
14:25:44 a little bit of a sort of slower discussion on what
14:25:47 the components are, what we are getting for our money.
14:25:54 >>MARY MULHERN: (off microphone)
14:25:57 The time line, because this has been in process for
14:26:00 eight years.
14:26:01 And they stated that there's been a lot of public
14:26:06 input but we have no idea when that input came,
14:26:09 because the whole configuration of the site has
14:26:12 changed.
14:26:13 So I would like to see a time line of the design and
14:26:17 the public input into the design.
14:26:21 Just to determine if we need to have another public
14:26:24 meeting.
14:26:26 >>GWEN MILLER: Motion and second.
14:26:27 (Motion carried).
14:26:28 >>JOHN DINGFELDER: Last but not least, we always like
14:26:33 to get input from the community, and usually probably
14:26:36 some of our best ideas come from elsewhere.
14:26:38 A gentleman wrote a letter to the editor yesterday,
14:26:41 Dan baluster, and he raised an issue that's been
14:26:45 banged around before which is why in the City of Tampa

14:26:48 do we collect garbage twice a week, can we possibly
14:26:51 save money by collecting once a week?
14:26:53 I don't know the answer to that.
14:26:54 I think it's worth looking into.
14:26:56 I know for a fact, and he says in his letter to the
14:26:59 editor he's lived in many cities where there is only
14:27:02 one collection once a week.
14:27:03 At a time when there's a suggestion about the
14:27:06 possibility of raising fees, raising garbage fees and
14:27:09 that sort of thing, I would like a report back from
14:27:12 solid waste regarding the feasibility of once a week
14:27:17 being pickup and any other cost savings measures.
14:27:20 I had a quick conversation with a staff person today,
14:27:23 and they mentioned there might be some other areas in
14:27:26 solid waste where we might be able to increase our
14:27:28 earnings, or save money and that sort of thing.
14:27:31 If they want to combine that with this presentation
14:27:33 that would be great.
14:27:34 But I think that they have looked into this in the
14:27:36 past.
14:27:38 Linda, you seem to indicate maybe they have, I think.
14:27:41 And if they have, just bring the old report to us

14:27:44 about the possibility of once a week pickup.
14:27:46 >>MARY MULHERN: (off microphone) and they include
14:27:54 savings if they do that.
14:27:56 >>JOHN DINGFELDER: And that's critical, the whole cost
14:27:59 savings and feasibility of it.
14:28:01 And again, I thank Mr. Baluster for his input.
14:28:06 That's a motion.
14:28:07 Oh, I didn't give a time.
14:28:09 What do you all think?
14:28:11 I don't want to wait too long because it's sort of
14:28:13 budget related.
14:28:14 So maybe 45 days.
14:28:16 >> Second.
14:28:19 (Motion carried).
14:28:21 >>CHAIRMAN: Anything else?
14:28:23 >>JOHN DINGFELDER: I think that's enough.
14:28:25 >>GWEN MILLER: That's too much.
14:28:26 Mr. Miranda.
14:28:26 >>CHARLIE MIRANDA: Madam Chair, Mr. Dingfelder had
14:28:30 six.
14:28:30 I have 12.
14:28:31 No, ma'am, I have only one.

14:28:32 And I would like to have this council approve a
14:28:36 commendation for Mr. Frank Rosado, Jr.
14:28:40 He was the gentleman who served this country.
14:28:42 He's still here with us.
14:28:45 In the second world war.
14:28:47 And he received his medals just recently because he
14:28:52 never got them and finally asked for them.
14:28:54 And when I read the conduct of this individual and the
14:29:00 medals he received, he received eleven medals from the
14:29:03 United States, I believe one from Belgium, one from
14:29:07 the dutch government, one from the French government
14:29:09 for the things that he did as a paratrooper.
14:29:12 I would like to make it for next Thursday at 9:00.
14:29:14 >>CHAIRMAN: Motion and second.
14:29:15 (Motion carried).
14:29:16 >>GWEN MILLER: That's it?
14:29:22 >>LINDA SAUL-SENA: I would like to request a report
14:29:24 back from Julia Cole in 30 days, which would be March
14:29:28 20th, an update on our billboard ordinance.
14:29:35 >>JOHN DINGFELDER: Second.
14:29:36 (Motion carried).
14:29:37 >>LINDA SAUL-SENA: I wanted to announce the iron chef

14:29:42 American style is going to be on Sunday, April
14:29:44 27th, at the olive cart pavilion from 11:30 to 3
14:29:50 to benefit the All Children's Hospital neonatal
14:29:53 intensive care.
14:29:57 That was just an announcement.
14:29:59 Lastly this Sunday night is Oscar night.
14:30:02 Writers are back.
14:30:03 It's going to be a benefit for the Tampa Theatre.
14:30:05 It's going to be a very wonderful community event down
14:30:07 at the Tampa Theatre.
14:30:08 So everyone is encouraged to attend.
14:30:10 Thank you.
14:30:13 >>GWEN MILLER: I would like to give a commendation to
14:30:16 the Tampa girls soccer team.
14:30:19 The boys also got the championship.
14:30:21 So I would like to give both of them a commendation on
14:30:25 March 6th.
14:30:25 >> Second.
14:30:26 (Motion carried).
14:30:27 >>GWEN MILLER: Clerk, do you have anything?
14:30:30 >>THE CLERK: Just to receive and file.
14:30:31 >>CHARLIE MIRANDA: Receive and file.

14:30:33 >> Second.
14:30:33 (Motion carried).
14:30:34 >>MARTIN SHELBY: Nothing.
14:30:36 >>GWEN MILLER: We go to the audience portion.
14:30:42 Anyone in the audience like to speak?
14:30:45 We stand adjourned.
14:30:46 (Meeting adjourned)

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