TAMPA CITY COUNCIL
Thursday, August 2, 2012
9:00 a.m. Session
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09:07:23 >>CHARLIE MIRANDA: City Council is called to order.
09:07:24 The chair yields to Mr. Frank Reddick.
09:07:26 >> Thank you, Mr. Chairman.
09:07:29 It's an honor for me to introduce our guest minister here to
09:07:34 provide our invocation.
09:07:36 We have the honorable Reverend Dr. Henry J. Lyons who was
09:07:41 born and raised in Gainesville, Florida.
09:07:44 He is a graduate of Moorhead college and located at 405
09:07:51 north Oregon Avenue.
09:07:52 In 1994, Rev. Lyons was elected president of the National
09:07:56 Baptist Convention of the USA, the largest African-American
09:08:00 religious organization in the country, and 8.2 million
09:08:05 members, perhaps the most powerful institutional
09:08:10 African-American community.
09:08:11 It's an honor to present Dr. Henry Lyons for the invocation.
09:08:16 >> Let us pray.
09:08:22 Our Father God, we thank you, Lord, for this wonderful and
09:08:25 blessed beautiful day.
09:08:27 We thank you for the life, health and strength.
09:08:30 We thank you for the opportunity that lies ahead of us, the
09:08:36 blessings that you overflowed in our lives, and even in this
09:08:40 great community in which we live.
09:08:42 We thank you for the beauty of it.
09:08:43 We thank you for life, health and strength.
09:08:46 Bless us now in our deliberations.
09:08:49 Bless us as we go through this day with Thanksgiving in our
09:08:52 heart. We thank you. We praise you. And we do love you.
09:08:56 This is our prayer. Amen.
09:08:58 [ Pledge of Allegiance ]
09:09:25 >>CHARLIE MIRANDA: Roll call.
09:09:25 >>MIKE SUAREZ: Here.
09:09:28 >>YVONNE CAPIN: Present.
09:09:29 >>FRANK REDDICK: Here.
09:09:30 >>MARY MULHERN: Here.
09:09:34 >>LISA MONTELIONE: Here.
09:09:35 >>CHARLIE MIRANDA: Here.
09:09:38 I need a motion for adoption of the minutes of the special
09:09:40 called meeting on July 18th, regular session of July
09:09:44 19th, and minutes of the special called budget workshop
09:09:48 on July 26th.
09:09:52 I have a motion by Mr. Reddick, seconded by Mr. Suarez.
09:09:56 All in favor?
09:09:58 The ayes have it unanimously.
09:10:00 Also, at this time, I would like to put into the record a
09:10:03 memorandum sent by council member Cohen due to medical
09:10:07 emergency regarding immediate family member, I will be
09:10:10 traveling out of the state and will be unavailable for the
09:10:14 Thursday, August 2nd meeting of the City Council.
09:10:20 I have arranged with the clerk to be available by phone and
09:10:22 respectfully request permission to vote remotely should my
09:10:26 vote be necessary to avoid a deadlock on any nonjudicial
09:10:30 I need a motion to allow that.
09:10:33 >> Move to allow that.
09:10:34 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
09:10:36 Mrs. Montelione.
09:10:38 Further discussion by council members?
09:10:39 All in favor?
09:10:41 The ayes have it unanimously.
09:10:44 Ceremonial activity, I have a memorandum that on Mr. Cohen's
09:10:50 absence is, the Judy Lisi commendation will be delayed to
09:10:56 another meeting.
09:10:57 And so now we go to item number 2 commendation by Ms. Capin
09:11:06 to the purchasing department.
09:11:07 >> It's my pleasure to recognize the purchasing department
09:11:27 of the City of Tampa, Mr. Greg Spearman is here with me.
09:11:33 I am going to read the commendation.
09:11:35 City of Tampa council recognizes the achievement of
09:11:38 excellence procurement award presented by the national
09:11:42 purchasing institute for purchasing department.
09:11:48 The City of Tampa has received this prestigious award
09:11:51 designed to recognize organizational excellence in public
09:11:56 procurement for six consecutive years.
09:11:59 The award is earned by organizations that demonstrate
09:12:03 excellence in procurement by obtaining a high score on the
09:12:06 ranking benchmark criteria. City Council recognizes the
09:12:10 singular achievements and congratulates the purchasing
09:12:14 department receiving this award.
09:12:17 [ Applause ]
09:12:23 >>GREG SPEARMAN: Thank you, City Council, for recognizing
09:12:28 us having achieved this award. I would like for the men and
09:12:30 women of the purchasing department to come up.
09:12:32 Just come around.
09:12:37 So you can see who these guys are, every day, that serve the
09:12:41 citizens of the City of Tampa, and of course City Council
09:12:45 and the administration.
09:12:46 I want to introduce my leadership team very quickly so YOU
09:12:49 Know who these guys are that actually get work done every
09:12:52 day to keep the city running.
09:12:54 Nelson is our group and services manager. He manages the
09:12:59 buyers. I will ask him to speak in a moment.
09:12:59 We have Kevin Frye, our purchasing systems administration
09:13:04 And we have Kita Armstrong, our inventory manager.
09:13:08 And we have Michelle Blizard, our executive assistant
09:13:12 administrative aide who keeps the department running.
09:13:15 So Nelson, if you want to introduce your teams very quickly.
09:13:20 >> Most of my team is here. For the administrative staff, I
09:13:22 would like to introduce Sharon Hartman and Acquanetta Grant.
09:13:31 Buyers, they are all here.
09:13:32 Linda Johnson. Linda.
09:13:33 Tony McGee. Karon Johnson back there.
09:13:37 Celeste Gibbons.
09:13:42 And I have Michelle Rivera and Ivette Rosario.
09:13:47 That's my team.
09:13:48 >> Good morning. Kevin Frye, purchasing systems manager.
09:13:51 In my group I have Penny Hammock, who oversees our insurance
09:13:57 requirements for all our purchases. Amanda Yaksic, our
09:14:00 methods analyst, our P-card administrator. You have seen
09:14:04 her name in some e-mails back and forth to you.
09:14:04 Also, Kita works in my group. Kita oversees the inventory
09:14:05 locations. We have nine locations, and 16, 17 employees.
09:14:13 Thank you.
09:14:13 >>GREG SPEARMAN: Thank you, council, for this commendation.
09:14:20 Thank you very much.
09:14:26 [ Applause ]
09:14:32 >>CHARLIE MIRANDA: Thank you very much.
09:14:33 On behalf of City Council we are very appreciative of all
09:14:35 the work you do.
09:14:38 Appreciate it very much.
09:14:43 Going back to the agenda, the addendum, I need an approval
09:14:46 of the agenda.
09:14:48 >>MIKE SUAREZ: So moved.
09:14:50 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
09:14:52 I have a second by Mr. Reddick.
09:14:53 Further discussion by council members?
09:14:54 All in favor of the motion please indicate by saying aye.
09:14:57 Opposed nay.
09:14:58 The ayes have it unanimously.
09:15:03 We have public comments.
09:15:04 We have set aside for public comments for any item that is
09:15:07 on the agenda first, any item that's on the agenda first.
09:15:11 And after that any item that is not on the agenda.
09:15:15 Come on up, sir.
09:15:16 >> Joe Redner, 3924 West Spruce Street.
09:15:24 I'm here because I don't want you wasting your time with
09:15:28 that park.
09:15:31 I know your departments have a lot better things to do.
09:15:35 I have given occupy until September 15th to vacate the
09:15:41 I have talked to Kelly Benjamin and he said he talked to a
09:15:44 few people from occupy and had no problem with leaving by
09:15:47 then and probably sooner.
09:15:49 In fact, right after the RNC.
09:15:52 I went down to the park yesterday, and there's only a few
09:15:56 pup tents there now.
09:15:58 I talked to the guy with the bus.
09:16:01 And by the way, not on my property.
09:16:04 And he said he would have no problem leaving there by
09:16:08 September 15th either.
09:16:10 The property the bus is on belongs to March anyone knight
09:16:14 who owns a fish market on 15th and Blake, I believe.
09:16:19 The last time I heard -- and I'm not sure he still owns it.
09:16:23 The last time I heard he did.
09:16:25 Occupy has no contract or lease, so I have no problem
09:16:28 getting them to leave the park.
09:16:31 And they are not going to resist anyway.
09:16:34 I think during the RNC, the park protestors that sleep there
09:16:41 would benefit the city by keeping them away from sleeping in
09:16:44 city parks and other places like that.
09:16:47 Hanging around downtown.
09:16:48 I guess they are going to be there any way.
09:16:51 Anyway, I promise occupy will be gone by September 15th
09:16:55 and the park will be restored to its old maintained shape
09:16:59 and even better.
09:17:00 And I have letters that I am going to be passing out to
09:17:03 anybody on the park telling them to vacate.
09:17:08 There was nobody there yesterday from occupy.
09:17:11 So I couldn't talk to anybody.
09:17:13 Thank you.
09:17:16 >>CHARLIE MIRANDA: Thank you very much, Mr. Redner.
09:17:17 Anyone else care to speak at this time?
09:17:19 >> My name is Krista Bertelson and I am the local manager of
09:17:25 PeddlePub over in St. Petersburg, and I have some
09:17:33 information to pass out so you can see a picture and
09:17:35 understand better.
09:17:42 The PeddlePub is a 16-person bicycle that operates in
09:17:48 downtown St. Petersburg right now, and we do everything from
09:17:51 food tours to picnics to family reunions to pub calls, all
09:17:56 kinds of different things.
09:17:57 And the majority of our renters actually are coming over
09:18:00 from Tampa, asking several times when we would be able to
09:18:06 expand into Tampa.
09:18:07 So I have been talking with Jay Song, Ernie Mueller, other
09:18:13 folks here about the process and how to move forward, and we
09:18:15 are basically to the point where we need approval from City
09:18:18 Council to begin to assign the city staff to review the
09:18:24 ordinance and to get licensing and permitting.
09:18:28 So I'm basically to the point write would like to ask for
09:18:32 you all to consider learning more and talking with us.
09:18:35 We are operating smoothly in St. Petersburg.
09:18:41 We have a copy, a model, so to speak, and would love to get
09:18:44 going in Tampa as well.
09:18:45 >>CHARLIE MIRANDA: Thank you very much.
09:18:46 My suggestion would be that you send your proposal to the
09:18:48 city attorney's office to the administration first.
09:18:51 >> I have done that.
09:18:53 I sent it through and talked to Ernie Mueller, and Jay song
09:18:57 over in traffic, and they said because we are asking to
09:19:02 functionally classify roadways that I would need to talk to
09:19:05 you guys to see about amending --
09:19:11 >>CHARLIE MIRANDA: We have in Hillsborough County, City of
09:19:12 Tampa, I don't know if this falls under their jurisdiction
09:19:16 or ours, the taxicab commission.
09:19:19 They have some issues here in the past with electrical, you
09:19:24 might call them, larger types of golf carts that are moving
09:19:28 people around, and got into a conflict with the cab
09:19:30 commission and so forth.
09:19:31 I'm just trying to be helpful, and you should cover those
09:19:34 bases first.
09:19:35 >> Sure.
09:19:36 I appreciate that.
09:19:37 And I will do that as well.
09:19:39 Hopefully we can move forward from there.
09:19:42 Thank you.
09:19:44 >>CHARLIE MIRANDA: Anyone else?
09:19:45 >> Good morning.
09:20:10 I have been here before.
09:20:11 I live at 1311 South Moody Avenue.
09:20:13 I was here about six weeks ago regarding concerns about
09:20:17 safety along Bayshore.
09:20:20 What started with palm trees in the medians, now there are
09:20:25 even more trees as well as landscaping on the waterside of
09:20:30 This morning as I whats driving here, I counted 14 trees
09:20:34 planted on the waterside, and 10 new landscape areas on the
09:20:42 It appears that much of the new landscaping, are not native
09:20:49 trees and bushes.
09:20:50 I was told by the Parks Department that the trees have
09:20:52 limited resistance to water intrusion, they are not
09:20:58 tolerant, I believe the city should only be planting
09:21:02 indigenous trees and these nonnative are knot not
09:21:06 sustainable and will have maintenance costs.
09:21:08 Another issue, who is going to pay for maintaining all this
09:21:11 beautiful landscaping?
09:21:14 Before it was grass.
09:21:15 It was mowed.
09:21:18 Now we have city, weeding, pruning, fertilizing, and the
09:21:23 Parks Department budget has already been cut significantly.
09:21:27 I have been asked and I am trying to find out where in the
09:21:30 city this budget was found to plant a significant amount of
09:21:35 I want my city to look pretty for the RNC, but this is way
09:21:39 over the top in looking pretty.
09:21:42 I don't know if you have driven down Bayshore the last few
09:21:45 weeks but there is significant new vegetation.
09:21:47 Also, there's a historical component of Bayshore.
09:21:51 It's open vistas.
09:21:53 It's not supposed to be a lush, green park-like environment.
09:21:57 We have the place of activities for walkers.
09:22:02 Bayshore gets closed regularly for events.
09:22:05 These people regularly walk on the grass.
09:22:08 We have trees and thorny bushes in these circles.
09:22:12 What's going to happen?
09:22:17 On the median side, this is just going to push the people
09:22:22 back farther from the parade route.
09:22:24 On the park side, that's where the corporate tents and seats
09:22:29 (Bell sounds)
09:22:30 All these trees and landscaping are just going to take up
09:22:35 more money.
09:22:35 I finally and most importantly, how does this new
09:22:44 landscaping top safety?
09:22:47 When you are in that median as you drive down you cannot see
09:22:51 pedestrians that are waiting in the medians to use the brand
09:22:54 new safe crosswalks.
09:22:56 The trees block the driver's vision of them.
09:23:07 The Bayshore task force, and a lot of times landscaping have
09:23:13 increased or decreased accidents.
09:23:16 >>CHARLIE MIRANDA: I'm sorry, we have gone over the allotted
09:23:18 time: I'll give you another 30 seconds.
09:23:21 >> Thank you, sir.
09:23:22 It's one thing to landscape and beautify our city.
09:23:25 This is landscaping on steroids, in my humble opinion, and
09:23:32 it's all about having citizen input with council approval
09:23:36 and I'm very concerned.
09:23:37 >> Thank you very much for coming.
09:23:39 Appreciate it very much.
09:23:40 Next, please.
09:23:40 >> Ms. Briley, the gateway project revenue, the funding to
09:23:49 pay for that came from the Parks and Recreation Department,
09:23:52 half million dollars came from, I believe, as I remember
09:23:56 correctly, three different line items.
09:23:58 One was -- I think they were all maintenance account.
09:24:03 One was fencing.
09:24:04 One was field and surfacing.
09:24:09 And I can't remember what the third one was.
09:24:12 >> It was several meetings ago, but the items -- I'm just
09:24:25 concerned of the tree funding.
09:24:31 Some of it may have come from there but there were more than
09:24:34 just trees that were planted but the gateway project was
09:24:36 funded by that.
09:24:38 >>CHARLIE MIRANDA: Thank you very much.
09:24:38 Anyone else care to speak at this time?
09:24:42 I see no one.
09:24:43 >>MARY MULHERN: Vicki, at new business I'll ask for reports
09:25:04 from the departments on this.
09:25:06 >>CHARLIE MIRANDA: Any items that we passed at previous
09:25:15 I see no one.
09:25:16 We go to committee reports.
09:25:19 Mr. Frank Reddick.
09:25:28 >>YVONNE CAPIN: After review we vote on all of the consent
09:25:32 I would like to make a statement on item number 25.
09:25:36 May I?
09:25:41 >>FRANK REDDICK: Move 3 through 7.
09:25:44 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.
09:25:46 All in favor of the motion?
09:25:49 The ayes have it unanimously.
09:25:53 Parks, recreation, culture, committee chair Mary Mulhern.
09:25:56 >>MARY MULHERN: I move through 15.
09:26:05 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.
09:26:06 All in favor?
09:26:08 The ayes have it unanimously.
09:26:10 Public Works Committee chair Mr. Suarez.
09:26:13 >> Move items 17 through 23.
09:26:16 >>FRANK REDDICK: Second.
09:26:18 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.
09:26:20 All in favor of the motion please indicate by saying aye.
09:26:23 Opposed nay.
09:26:24 The ayes have it unanimously.
09:26:26 Finance Committee, Mr. Harry Cohen's absence, I'm sure he's
09:26:32 listening, but Mike Suarez will handle that.
09:26:35 >>MIKE SUAREZ: I move items 24 through 30.
09:26:38 >> And Mr. Suarez, I believe.
09:26:43 >> Second.
09:26:51 >>YVONNE CAPIN: After the vote.
09:26:53 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, seconded
09:26:55 by Mr. Reddick on Finance Committee.
09:26:57 All in favor of the motion?
09:26:59 The ayes have it unanimously.
09:27:01 Ms. Capin.
09:27:03 >>YVONNE CAPIN: Thank you.
09:27:05 This is a statement by Ali Griffin, to the media.
09:27:12 A prior City Council blatantly ignored the advice of city
09:27:17 and had we lost the case the potential exposure of the city
09:27:20 was over 16 million.
09:27:22 This resolution closes a case had they listened to legal
09:27:27 counsel we never would have found ourselves in.
09:27:29 Well, that council is not here to explain the response, but
09:27:33 the message is clear.
09:27:35 I have to speak for myself as do my colleagues.
09:27:39 Since we at council do not have a spokesperson.
09:27:42 Council has often been dismissed as a lesser entity.
09:27:46 What this indicates, incident proves, is that what goes on
09:27:52 here is a consequence.
09:27:54 City Council can do much good, but it can also do much harm.
09:27:58 We sit at this dais -- we who sit at this dais is very
09:28:07 important, and it must be recognized.
09:28:09 We must not allow this body to become a mere rubber stamp.
09:28:14 We need to analyze, digest, independently verify and
09:28:18 evaluate the information, and in some cases the lack of
09:28:21 information to receive.
09:28:22 And for that we must have time and resources to do our job.
09:28:26 From my perspective this is not a part-time work.
09:28:30 And as I found, it is not classified as part-time, but
09:28:33 neither is it classified as full-time.
09:28:35 It is a sort of bureaucratic limbo, undefined and
09:28:42 In this -- this incident opens the door to examine our role
09:28:46 and how we can better serve those that elected us to be
09:28:50 This is something we can all ponder and evaluate.
09:28:52 We need to better define our role and those here that plan
09:28:57 to attend, I will bring this up at our next City Council
09:29:03 Thank you.
09:29:06 >>CHARLIE MIRANDA: Anyone else?
09:29:07 Thank you very much.
09:29:07 We go to building and zoning preservation committee.
09:29:11 Lisa Montelione.
09:29:11 >>LISA MONTELIONE: I love 31 through 46.
09:29:16 >>CHARLIE MIRANDA: Second by Ms. Mulhern.
09:29:18 All in favor of that motion?
09:29:21 Opposed nay?
09:29:22 The ayes have it unanimously.
09:29:24 Transportation committee chair Yvonne Yolie Capin.
09:29:30 >>YVONNE CAPIN: I move 47 through 52.
09:29:34 >>CHARLIE MIRANDA: Second by Mr. Suarez.
09:29:35 All in favor of the motion please indicate by saying aye.
09:29:38 Opposed nay.
09:29:39 The ayes have it unanimously.
09:29:43 Items being set for public hearing.
09:29:44 I need a motion for items 53 through 57.
09:29:47 >> So moved.
09:29:48 >> Second.
09:29:49 >> Second by Mr. Suarez.
09:29:51 All in favor of that motion please indicate by saying aye.
09:29:54 Opposed nay.
09:29:55 The ayes have it unanimously
09:29:57 Open items 58.
09:30:05 Motion by Mrs. Mulhern, second by Mr. Suarez.
09:30:08 All in favor?
09:30:09 The ayes have it unanimously.
09:30:11 Item 58 is now open.
09:30:18 Anyone in the audience care to speak on 58?
09:30:20 This is second reading and adoption of item number 58, file
09:30:28 I see no one.
09:30:29 I have a motion to close by Mr. Reddick, seconded by Mrs.
09:30:35 The ayes have it unanimously.
09:30:36 Mr. Suarez, would you kindly take number 58, please?
09:30:42 >> An ordinance for second reading and adoption, an
09:30:44 ordinance of the city of Tampa, Florida making revisions to
09:30:47 the City of Tampa code of ordinances chapter 15, parking,
09:30:50 amending chapter 15-104, regs residential parking permit
09:30:54 only area, repealing all ordinances or parts of ordinances
09:30:56 in conflict therewith, providing for severability, providing
09:31:00 an effective date.
09:31:03 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
09:31:05 I have a second by Mrs. Ms. Montelione.
09:31:09 Roll call vote.
09:31:10 Vote and record.
09:31:10 >>THE CLERK: Motion carried unanimously.
09:31:26 >>CHARLIE MIRANDA: Need a motion to open public hearing 59
09:31:29 through 62, jaws quasi-judicial.
09:31:32 Anyone wishing to speak should be sworn N.I have a motion by
09:31:36 Mr. Suarez to open 59 through 62 seconded by Mr. Reddick.
09:31:39 All in favor of the motion indicate by saying aye.
09:31:42 Opposed nay.
09:31:43 The ayes have it unanimously.
09:31:44 >>LISA MONTELIONE: I had sent an e-mail to the clerk's
09:31:52 office yesterday and Mr. Shelby can elaborate.
09:31:55 I was not present for the July 19th meeting, and
09:31:59 therefore did not vote on items 59, 60 or 61.
09:32:06 And in item 59 incorrectly states that the motion at first
09:32:13 reading was passed unanimously with Councilwoman Mulhern
09:32:19 Mr. Shelby, would you like to clarify, please?
09:32:23 >>MARTIN SHELBY: If I can, council.
09:32:26 You had brought this to my attention.
09:32:28 I had actually -- deputy clerk Marshall brought your e-mail
09:32:32 to my attention.
09:32:35 Item 59 is actually recorded correctly, and let me explain
09:32:38 why, because item 59 originally appeared on the consent
09:32:41 docket under ordinances being presented for first reading.
09:32:44 And it brings up an interesting point which we would
09:32:47 probably want to address when we discuss reviewing the
09:32:50 council's rules, because it points out that the fact that
09:32:54 you cannot vote in quasi-judicial matters.
09:32:57 It really specifically means quasi-judicial hearings is more
09:33:00 appropriate because the reason you can't is because of the
09:33:04 due process issue.
09:33:06 Because this is on the consent there is no due process.
09:33:09 Your tape voice is actually audible on the tape voting so
09:33:14 there is no error.
09:33:15 >> I wanted to clarify that for the record.
09:33:19 >>CHARLIE MIRANDA: Kind of like the Rays playing ball.
09:33:23 Mrs. Mulhern.
09:33:23 >>MARY MULHERN: I have a question since I was absent at
09:33:26 this vote.
09:33:27 This was just an amendment to a vacation?
09:33:35 This was an actual vacating?
09:33:38 >> Good morning.
09:33:46 Kate Taylor, City attorney's office.
09:33:47 This is an amendment to a prior vacation ordinance.
09:33:49 This is not an actual vacating.
09:33:52 To explain further --
09:33:53 >>MARY MULHERN: Give me a brief description of what that
09:33:55 amendment is.
09:33:56 >> So the original vacating ordinance had an additional
09:34:00 condition that required the petitioner, within a year of the
09:34:10 effective date.
09:34:11 Petitioner asked for more time to construct that sidewalk.
09:34:14 So this amendment then gives them six more months to comply
09:34:20 with that condition.
09:34:20 >>MARY MULHERN: Mr. Shelby, is that normally the sort of
09:34:25 thing that's on the consent agenda?
09:34:27 It seems like it should come to council.
09:34:29 >>MARTIN SHELBY: Well, it does not require, per your code,
09:34:34 two public hearings, as I recall, because this is the first
09:34:43 time it showed up on the consent and the second is a noticed
09:34:45 public hearing which is where you are right now.
09:34:48 >>MARY MULHERN: So this is the first time we have actually
09:34:51 discussed it, to have the opportunity -- it was a noticed
09:34:59 public hearing.
09:34:59 What is the extension we are giving?
09:35:03 >> Six months.
09:35:03 >>MARY MULHERN: Thank you.
09:35:07 >>CHARLIE MIRANDA: Any further comments?
09:35:09 Anyone in the audience on item 59?
09:35:13 I see no one.
09:35:14 I need a motion to close.
09:35:18 >>MIKE SUAREZ: Motion to close.
09:35:19 >>LISA MONTELIONE: Second.
09:35:21 >>CHARLIE MIRANDA: All in favor?
09:35:22 The ayes have it unanimously.
09:35:24 This is second reading and adoption.
09:35:26 Ms. Capin, would you kindly take number at, please?
09:35:30 >>YVONNE CAPIN: Ordinance being presented for second reading
09:35:32 and adoption, an ordinance amending ordinance 2011-92
09:35:36 vacating, closing, discontinuing, and abandoning a certain
09:35:40 right-of-way all that portion of Sterling Avenue lying south
09:35:42 of West Kennedy Boulevard, north of Roland street, east of
09:35:47 Dale Mabry and west of Himes Avenue in Bon Air subdivision,
09:35:50 a subdivision in the City of Tampa, Hillsborough County
09:35:52 Florida amending section 3 of said ordinance to allow the
09:35:56 petitioner additional time to comply with ordinance
09:36:00 conditions, providing an effective date.
09:36:03 >>CHARLIE MIRANDA: I have a motion for approval by Ms.
09:36:05 Capin, second by Mr. Reddick.
09:36:07 Roll call vote.
09:36:08 Vote and record.
09:36:08 >>THE CLERK: Motion carried with Cohen being absent at
09:36:25 >>CHARLIE MIRANDA: Item number 60.
09:36:27 Anyone in the audience care to speak on item number 60?
09:36:33 Motion to close by Mr. Reddick, second by Mr. Suarez.
09:36:36 All in five of the motion?
09:36:38 The ayes have it unanimously.
09:36:40 Mr. Reddick, would you kindly take number 60, please?
09:36:44 >>FRANK REDDICK: Move an ordinance being presented for
09:36:45 second reading and adoption, an ordinance approving a
09:36:48 special use permit S-2 for alcoholic beverage sales,
09:36:51 restaurant on premises only and making lawful the sale of
09:36:54 beverages regardless of alcoholic content, beer, wine and
09:36:57 liquor, on that certain lot, plot or tract of land located
09:37:01 at 1625 East 7th Avenue, Tampa, Florida, as more
09:37:05 particularly described in section 2, imposing certain
09:37:08 conditions based upon the location of the property, that all
09:37:11 ordinances or parts of ordinances in conflict are repealed,
09:37:15 providing an effective date.
09:37:17 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.
09:37:19 Roll call vote.
09:37:20 Vote and record vote and record.
09:37:25 >>THE CLERK: Motion carried with Cohen being absent at
09:37:48 Item number 61.
09:37:50 >>GLORIA MOREDA: Land development.
09:37:51 The site plan has been certified and I have it here if
09:37:55 council would like to see it.
09:37:58 >>CHARLIE MIRANDA: Thank you very much.
09:37:58 Anyone else to speak on item 61?
09:38:00 I see no one.
09:38:02 Need a motion to close.
09:38:04 Motion by Ms. Capin, second by Mr. Suarez on item 61.
09:38:09 All in favor?
09:38:10 The ayes have it unanimously.
09:38:11 Ms. Mulhern, would you kindly take number 61, please?
09:38:14 >> Move an ordinance rezoning property in the general
09:38:21 vicinity of 3005 west Columbus drive in the city of Tampa,
09:38:25 Florida and more particularly described in section 1 from
09:38:27 zoning district classifications CG commercial general and
09:38:31 RS-50 residential, single-family, to PD, planned
09:38:35 development, strip shopping center, retail sales and all
09:38:42 commercial general uses providing an effective date.
09:38:45 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.
09:38:46 Roll call vote.
09:38:48 Vote and record.
09:38:48 >>THE CLERK: Motion carried with Cohen being absent at
09:39:02 >>CHARLIE MIRANDA: Item number 62. Anyone in the audience
09:39:04 care to speak on item number 62?
09:39:09 I see no one on 62.
09:39:10 >>MIKE SUAREZ: Motion to close.
09:39:13 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, seconded
09:39:15 by Ms. Capin.
09:39:16 All in favor of that motion indicate by saying aye.
09:39:20 Opposed nay.
09:39:20 The ayes have it unanimously.
09:39:23 Mrs. Montelione, would you kindly take number 62, please?
09:39:26 >>LISA MONTELIONE: I move an ordinance presented for second
09:39:33 reading and adoption, an ordinance rezoning property in the
09:39:36 general vicinity of 3610 east 10th Avenue in the city of
09:39:39 Tampa, Florida and more particularly described in section 1
09:39:41 from zoning district classifications RM-16 residential
09:39:45 multifamily to IG, industrial general, providing an
09:39:49 effective date.
09:39:49 >> Second.
09:39:53 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.
09:39:54 Roll call vote.
09:39:55 Vote and record.
09:39:55 >>THE CLERK: Motion carried with Cohen being absent at
09:40:11 >>CHARLIE MIRANDA: We are doing such great work that items
09:40:13 63 and 64 are set for time certain public hearings.
09:40:19 So staff reports, I think we can handle those without the
09:40:28 proper time on the docket.
09:40:31 We go to item number 65.
09:40:39 Staff reports.
09:40:44 Maybe we are too early for the staff.
09:40:50 We go to 64.
09:40:51 Maybe that staff person is here.
09:40:56 It's a resolution.
09:40:57 >>MARTIN SHELBY: Mr. Chairman, that is a continuation of an
09:41:01 The reason it's on unfinished business is because council
09:41:04 had asked it to be continued.
09:41:20 Number 64 was an item --
09:41:28 >>YVONNE CAPIN: Excuse me.
09:41:28 They said they would be here but they are not here. Can you
09:41:31 speak on this item?
09:41:32 >>CHARLIE MIRANDA: Certainly.
09:41:33 >>YVONNE CAPIN: Item 64 is actually a correction.
09:41:38 What happened was in 2011 -- they are here, Mr. Ruggiero.
09:41:47 I asked for the balance of my fund to be rolled over.
09:41:53 And it was agreed that it could be done, but it was not
09:41:57 done, and it slipped through the cracks, and I'm asking for
09:42:00 it to come back.
09:42:07 To district 3.
09:42:08 >> Dennis O'Hara, finance department.
09:42:13 Moving a little faster this morning.
09:42:16 >>CHARLIE MIRANDA: No, we just caught up to speed.
09:42:17 >> Ms. Capin already explained we are requesting funding
09:42:25 from last year be carried forward into this year from Ms.
09:42:29 Capin's account.
09:42:30 >>FRANK REDDICK: Thank you, Mr. Chair.
09:42:33 My question is, is it a common practice?
09:42:36 Because I have a balance in mine as well.
09:42:39 >> I do as well.
09:42:42 >>FRANK REDDICK: If it's common practice then I think it
09:42:46 should roll over for everyone.
09:42:47 >> Generally, we deter the departments from doing this,
09:42:56 although depending upon request and the justification and
09:42:59 the decision by the administration, departments can do it.
09:43:01 >>FRANK REDDICK: No one, when I inquired about that some
09:43:06 time ago, last year, I was told that couldn't be done, that
09:43:09 it doesn't roll over, that you have a new budget, but nobody
09:43:14 told me it would roll over.
09:43:16 So I am asking you what is the proper procedure for
09:43:20 requesting that?
09:43:22 Because I had a balance because I barely used mine and the
09:43:28 only time I used it is when I went to the legal cities
09:43:35 So I think there's a balance.
09:43:38 So if that's the case, then I request mine to roll over as
09:43:43 Is that right?
09:43:44 >> Yes, that's correct.
09:43:45 And maybe if I can back up a second.
09:43:49 What happens at the end of the year, September 30th, any
09:43:51 unused funding is automatically placed into fund balance.
09:43:55 And it stays there, absent a request to utilize it.
09:44:02 And typically there are no requests to utilize it anymore.
09:44:04 And this has changed over time.
09:44:06 It used to be relatively standard to carry forward the
09:44:08 funding in the department.
09:44:11 In department A, for instance, if they had funding left
09:44:14 over, it used to be pretty standard that they can carry
09:44:16 forward and use it again.
09:44:18 That was before the economic environment we are in now,
09:44:20 et cetera.
09:44:21 So we have gotten much more strict in the last couple of
09:44:24 years, and by default, all funding goes into fund balance.
09:44:27 >> Let me just ask a question then.
09:44:32 What do I need to do to go back and request my 2011 balance
09:44:38 to be carried over to 2012?
09:44:41 >> Exactly what Ms. Capin is doing.
09:44:44 Asking the City Council to appropriate from fund balance the
09:44:46 leftover amount from the preceding fiscal year.
09:44:50 >>FRANK REDDICK: Chair, I am going to make a motion, if I
09:44:57 am in order, that all fund balances for each council member
09:45:00 be carried over from 2011 to 2012 as common practice.
09:45:11 >>CHARLIE MIRANDA: Mr. Suarez, then Ms. Mulhern.
09:45:20 And Mrs. Montelione chose to speak.
09:45:22 But Mr. Reddick has a motion that he suggested, and state
09:45:28 your motion again?
09:45:29 >>FRANK REDDICK: That all 2011 balance for each council
09:45:32 member be carried over to 2012 fiscal year.
09:45:38 >>CHARLIE MIRANDA: Motion by Mr. Reddick. Do I hear a
09:45:41 Second by Mrs. Montelione.
09:45:43 Speak to the motion on the floor.
09:45:45 Or Mr. Suarez has the floor.
09:45:47 >>MIKE SUAREZ: I think it all comes back together in terms
09:45:50 of what he's discussing.
09:45:51 Thank you, chair.
09:45:52 Mr. O'Hara, we are being treated just like any other
09:45:58 department within the city, okay.
09:46:02 The council itself has to ask for moneys from the general
09:46:06 And typically, you know, when you are talking about public
09:46:10 works, some other department, they have funds ongoing
09:46:12 because they have projects ongoing, and there are other
09:46:15 things going on.
09:46:16 Obviously we have to continue to pay people and, you know,
09:46:20 every year, we approve the budget.
09:46:23 We are looking at each one of those line items in
09:46:26 determining, you know, how much are we going to need to run
09:46:28 each department.
09:46:29 In our case, because we are not really a department, except
09:46:35 that we get paid for the same general fund.
09:46:39 And I don't know -- and maybe we can find out from our
09:46:42 council, from the city attorney's office, as to what our
09:46:46 rights are in terms of how we control our own budget,
09:46:49 meaning that if in the case of Mr. Reddick's motion that
09:46:53 those moneys are a continuing operational expense that come
09:46:57 to us each and every year, and that amount carries over each
09:47:01 and every year, and it actually can reduce some of the
09:47:05 moneys that we get budgeted for each and every year.
09:47:07 So as an example, we decide that we are going to get $2,000
09:47:18 for our expenses, those expenses would be carried over.
09:47:20 If one individual member has not spent much of anything and
09:47:24 it just carries over, that has to be reappropriated from
09:47:27 that fund each year, that general fund to us each year.
09:47:34 Typically, what have you seen?
09:47:36 I know you have worked at other governments besides ours.
09:47:39 What have you seen in terms of what other governments do
09:47:42 concerning that?
09:47:44 >> Again, my experience with the county, the majority of the
09:47:50 individual commissioners who may want to ask that funding
09:47:53 over a number of years.
09:47:54 >> Now, the question I would have, what role or what power
09:48:01 do we have over our own budget in terms of the amount of
09:48:03 money that we can carry over from the general fund?
09:48:09 Because we are essentially acting like any other department
09:48:12 in asking for funding.
09:48:14 Can we just say, look, we are going to have our fund is
09:48:17 going to be based on X number of dollars each and every
09:48:20 year, and roll over automatically for all of us each and
09:48:23 every year?
09:48:25 >>SAL TERRITO: Legal department.
09:48:27 You have total control over your budget.
09:48:29 What Mr. O'Hara was explaining is that the administration
09:48:31 does not let departments carry over from year to year unless
09:48:34 they can justify it.
09:48:37 You as a separate branch of government can make that
09:48:39 determination for yourselves.
09:48:40 >> We are being treated like any other administrative
09:48:43 department as opposed to a separate branch that has control
09:48:46 over --
09:48:48 >> To the extent -- that's correct, it's automatically done
09:48:55 every year unless you take a position that you want to do it
09:48:57 >> And I wanted to make that point, chair, because
09:49:01 obviously, I think for all of us, especially the folks that
09:49:05 are new here like myself and Ms. Montelione, we came in, we
09:49:09 had a certain amount of money that was already allocated in
09:49:12 there, and we were essentially in the middle of the budget
09:49:16 cycle that, you know, wow, we have got money for expenses
09:49:21 for our cell phones, for some other expenses like myself,
09:49:24 Mr. Reddick, and Ms. Montelione, we were at the League of
09:49:29 Cities last year and that came out of our budget.
09:49:32 Not knowing what the total budget was until -- last year
09:49:37 after September 30th found out what our total amount was
09:49:40 that was allocated, I think for me, I think we have to have
09:49:45 control of our own budget.
09:49:46 And whether we want to spend it or roll it over or whatever
09:49:49 we are going to do, I think that's something that we should
09:49:52 control as opposed to it being just a line item and part of
09:49:55 the budget.
09:49:55 I think that that's something that was never brought up or
09:50:00 talked about, because I think a lot of us, we don't really
09:50:03 spend our money from our budgets for the most part.
09:50:06 I think we are all pretty frugal people.
09:50:08 We are not taking any junkets or extravagant trips anywhere.
09:50:12 So I think that's something we never really discussed.
09:50:15 Not a lot of us spend any money up here, I don't think.
09:50:21 >>CHARLIE MIRANDA: Before I go to Ms. Mulhern, counsel.
09:50:24 >>MARTIN SHELBY: To follow up on the discussion, there's
09:50:28 also, I guess, a question in this case -- and I don't know
09:50:31 the answer to it, and Mr. O'Hara can discuss it -- from one
09:50:39 particular fiscal year, to use it in a subsequent fiscal
09:50:41 year, sometimes we do that as an encumbered amount that you
09:50:47 use in the following fiscal year.
09:50:50 That's available to your departments, is that correct?
09:50:52 >> That is primarily associated with capital improvement
09:50:55 We have gone away from that practice in operating
09:50:58 >>MARTIN SHELBY: The other thing, council -- and of course
09:51:01 obviously this is council's prerogative and solely council's
09:51:07 role to make the determination -- but you bring up an
09:51:09 interesting point, council member Suarez.
09:51:11 You came in as a new council member in the middle of a
09:51:15 fiscal year to a particular district and you had to rely on
09:51:18 the district's budget.
09:51:19 And just to put this in perspective, each council member has
09:51:25 a district budget.
09:51:27 Therefore, if your term limited, let's say, and you leave
09:51:31 your district, and you continue to roll over things, and a
09:51:35 new council member coming in would have a different amount,
09:51:37 let's say, of the council member in an adjoining district or
09:51:41 at-large district so there would be perhaps, depending on
09:51:46 how the previous council spent their money differently in
09:51:49 the amount of the budget.
09:51:51 But what I wanted to bring to your attention -- and Mr.
09:51:53 Territo did say this -- is your period of control over which
09:51:58 you have to budget, particularly your own budget, is during
09:52:03 the passage of the budget during the period coming up now.
09:52:09 It's section 7.07 of the charter budget changes, after you
09:52:14 already adopted your budget, the City Council upon the
09:52:19 recommendation of the mayor shall have the power from time
09:52:21 to time during any fiscal year after adoption of the annual
09:52:25 budget, therefore by resolution to reappropriate to any
09:52:29 municipal purpose any fund not needed for the purpose
09:52:32 originally appropriated or to appropriate any cash surplus
09:52:38 to any municipal surface.
09:52:40 So in effect the charter limits City Council's ability to
09:52:43 change the budget of a it has been adopted and gives that
09:52:47 power to make the recommendation by the mayor to do that.
09:52:51 And bring it to you.
09:52:52 So I wanted to make that distinction clear.
09:52:55 >>CHARLIE MIRANDA: Thank you. We go to Ms. Mulhern, then
09:52:58 Ms. Capin.
09:52:58 >>MARY MULHERN: That's the budget in general.
09:53:07 Here is what I would like to say.
09:53:09 Some years, maybe one year, my budget didn't cover all the
09:53:17 expenses that I wanted to cover, so I did cover some of them
09:53:20 Most years, I didn't need all of it.
09:53:23 And it's totally dependent on what, you know, individual
09:53:28 council members and what we do.
09:53:29 So I would support that.
09:53:31 If a council member wants to roll over their unused budget
09:53:34 to the next year, they should be able to do that.
09:53:39 I think we should incorporate that into our budget process.
09:53:44 As Mr. Shelby said.
09:53:45 So I think today we could vote on it today, or we could
09:53:49 decide today how to vote on it at budget time, either way
09:53:55 would be fine.
09:53:56 But my point is really that it should be, out of respect for
09:54:05 each on the, I think, we should be able to do what we want
09:54:08 with our budget.
09:54:09 But I don't want to vote to he have year roll it over
09:54:14 unless -- I guess it doesn't matter.
09:54:16 We could vote to role it over he have year and then
09:54:21 individuals could at the time of budget say, I don't need to
09:54:24 do that, or we could just say if we need to do that.
09:54:27 So is that what you want to do?
09:54:30 Councilwoman Capin -- or Councilman Reddick, you are the one
09:54:35 that brought it up.
09:54:37 So maybe we would vote now to roll over unused budgets to
09:54:43 the following year.
09:54:45 And then if individual council members don't want to do
09:54:49 that, we can agree not to do that.
09:54:53 I don't know if that has to happen by motion or during the
09:55:00 budget period?
09:55:00 How does that work?
09:55:02 It's kind of odd, because --
09:55:07 >>> Well, the protocol as I understand it is as we are doing
09:55:10 for Councilwoman Capin is bring it before the body as an
09:55:13 agenda item.
09:55:14 >>MARY MULHERN: Okay.
09:55:16 >> If there's another way, I would --
09:55:21 >>MARTIN SHELBY: What council member Mulhern is suggesting
09:55:25 is do it as part of the FY 13 budget and I believe that's
09:55:29 what Councilman Reddick's request is, his motion, when you
09:55:32 do the budget presentation and council wishes to make some
09:55:38 changes before the second adoption that you do make that
09:55:45 >>MARY MULHERN: So today I think we can vote on this item
09:55:47 for Councilwoman Capin.
09:55:54 It on the agenda.
09:55:54 We should vote on it.
09:55:56 And then during the budget period, you know, I guess I'll
09:56:03 make another motion after we vote on this.
09:56:06 Or come upman Reddick.
09:56:10 >>CHARLIE MIRANDA: Reddick has a motion on the floor,
09:56:13 seconded by Montelione.
09:56:14 >>MARY MULHERN: Can we do that as a separate motion?
09:56:17 Should we do them together?
09:56:18 What do you recommend, Mr. Shelby?
09:56:21 >>MARTIN SHELBY: Council member Reddick's motion is to have
09:56:23 every district budget for FY 11 roll into FY 12.
09:56:27 Then what you can do is you can also make a separate motion,
09:56:33 the same for FY 13, during the preparation, if that's what
09:56:36 council's pleasure is.
09:56:37 >>MARY MULHERN: Oh, wait, so you're asking -- you want to
09:56:48 vote on the following year's?
09:56:53 >>MARTIN SHELBY: Council member, what you have before you,
09:56:56 number 64, which is not the motion on the floor, but the
09:56:58 item number 64 is appropriating money from last year's
09:57:03 budget that did not roll over, to put into this year's
09:57:08 present budget.
09:57:09 >>MARY MULHERN: Oh, it's the present budget.
09:57:13 All right.
09:57:14 Then I think we should just vote on that.
09:57:17 And if anyone else wants -- any other council members want
09:57:22 to include doing that with their budget, they should say so
09:57:26 now and we can add it.
09:57:27 Can we do that?
09:57:28 >>MARTIN SHELBY: Into this year's FY 12.
09:57:36 >>MARY MULHERN: So we have the budget from the previous
09:57:38 year into this year's budget before this fiscal year is
09:57:42 >>MARTIN SHELBY: And then the other issue is whether
09:57:44 council wants to continue that practice, because you have
09:57:46 another FY 13 budget coming up before you.
09:57:48 >> It would seem the simplest way is either pull this
09:57:56 resolution to add this or approve this resolution and then
09:57:58 come back with a second resolution for the second motion.
09:58:01 >>MARY MULHERN: That makes sense.
09:58:05 So amend your resolution.
09:58:09 >>SAL TERRITO: To include all of those or approve hers now
09:58:14 and come back with second resolution to approve whoever else
09:58:17 wants to have theirs rolled over.
09:58:21 >>YVONNE CAPIN: I understood Mr. Reddick's motion and it was
09:58:23 to roll over '11 to '12.
09:58:26 Also, discussion here was to -- and you are talking about 12
09:58:32 to 13.
09:58:32 I would amend that to roll over all the time, unless a
09:58:41 council member does not want to be rolled over and sends it
09:58:46 But it's automatically rolls over.
09:58:50 And I would add that as a friendly amendment, not just '13
09:58:54 but continuously rolls over until the council member decides
09:58:59 to put it back in the general fund.
09:59:04 >>CHARLIE MIRANDA: Any other comments at this time?
09:59:06 This is why this was changed some years back.
09:59:09 It used to be years back that whoever the chair was had to
09:59:14 be responsible for the auditing or the expense travel of the
09:59:18 council members.
09:59:19 We changed that many years ago because everybody gets
09:59:23 elected just like everybody else does.
09:59:25 In fact, I'm the one who changed it.
09:59:27 I said you guys handle your own budget.
09:59:29 It's like handling your own checkbook.
09:59:31 So this council can vote whatever they like to do.
09:59:34 But I will not be supporting any changes in any budget.
09:59:37 You know what it is.
09:59:39 You maintain it just like your own checkbook.
09:59:42 That's all I am going to say.
09:59:44 I have a motion by Mr. Reddick.
09:59:46 It was amended various times.
09:59:47 Would you read the motion?
09:59:55 I believe Mr. Reddick had the motion on the floor.
09:59:58 Then you had an amendment to Mr. Reddick's motion.
10:00:00 He accepted it.
10:00:01 And that's where I think we are at.
10:00:06 >>YVONNE CAPIN: Mr. Reddick's resolution --
10:00:14 >>SAL TERRITO: Pull this resolution and we'll come back
10:00:17 with an amended resolution approaching whatever you pass.
10:00:20 That's the cleanest way to do it.
10:00:25 >>YVONNE CAPIN: I move to pull resolution B-2012-2.
10:00:31 >>CHARLIE MIRANDA: Second by Mr. Reddick.
10:00:33 All in favor?
10:00:35 Opposed nay?
10:00:36 The ayes have it unanimously.
10:00:37 Mr. Reddick will a motion on the floor with calm of
10:00:39 amendments including the last one by Mrs. Capin.
10:00:42 >>FRANK REDDICK: Now the motion is an amendment to have
10:00:46 staff come back with a resolution stating that unused funds
10:00:54 of council members, each council member, be carried over,
10:00:57 and based on Capin's amendment be based on perpetuity.
10:01:05 >>YVONNE CAPIN: Second.
10:01:06 >>CHARLIE MIRANDA: I have a motion bring Mr. Reddick on that
10:01:11 >>YVONNE CAPIN: This is going forward.
10:01:13 We have to bring '11 to '12.
10:01:18 11 through 12 and then in perpetuity.
10:01:20 >>SAL TERRITO: The resolution will have two provisions.
10:01:23 One is you are rolling over 11 to 12.
10:01:25 And from this point forward all City Council leftover money
10:01:28 will roll over to the next year automatically.
10:01:32 That's the resolution that will be in effect.
10:01:35 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
10:01:37 Seconded originally by Mrs. Montelione with various
10:01:41 I believe clarified from '11 to 12 and through perpetuity.
10:01:48 All in favor of that motion?
10:01:52 Motion passes 5 to 1.
10:01:55 Or 4 to 2.
10:01:59 We go to item number -- it is now 9:57.
10:02:09 Another two minutes and I could have done the 10:00.
10:02:17 Let's see what we have here that we can do time certain.
10:02:22 Public hearings.
10:02:27 Any other item that you want to discuss?
10:02:29 I am just trying to get --
10:02:32 >>BOB McDONAUGH: Council, it says 10:01 sir.
10:02:37 >>CHARLIE MIRANDA: We go by that one.
10:02:38 This one says 9:58.
10:02:40 We are going to use that.
10:02:42 We go to item number 63.
10:02:44 It's a public hearing.
10:02:46 Item number 63.
10:02:53 Second motion by -- seconded by Mr. Reddick.
10:02:59 That is now open.
10:03:00 63, the first public hearing.
10:03:05 >>BOB McDONAUGH: Relating to the revocation of the 2006
10:03:13 Tampa Heights riverfront agreement.
10:03:16 The general location which is bounded by Ross on the north,
10:03:19 center line of Hillsborough River on the west, south
10:03:23 extending to, North Boulevard, and Tampa street on the east.
10:03:33 The development agreement has been in place since 2006.
10:03:36 And we are formally following the process for the
10:03:40 development agreement between the city and the Tampa
10:03:50 >>CHARLIE MIRANDA: Okay.
10:03:53 This is the first public hearing.
10:03:55 We are going to allow public comment, even though we
10:03:58 normally don't on first reading.
10:03:59 But go on.
10:04:00 >> My name is Lena Young-Green, 3406 north Evan Avenue.
10:04:09 Regarding this item, in the community, we have not had a lot
10:04:12 of discussion.
10:04:13 We have requested and we expect between now and the second
10:04:17 hearing to have more conversation.
10:04:18 But some of the leadership in our neighborhood has been that
10:04:25 this area has been vacant, and to be developed for quite
10:04:32 We are excited about the funds being generated into this
10:04:34 five acres, including the funds that you approved recent lit
10:04:42 for the 4.7 million.
10:04:45 The 700,000 for the restoration of the springs, the grant
10:04:51 that was received to complete the Riverwalk up to 7th
10:04:55 Avenue and the discussion that's on the table now regarding
10:04:57 the possible $2 million for the restaurant.
10:05:03 We have been waiting a long time to see something happen in
10:05:05 this area.
10:05:06 And this number of dollars are going to be focused on at
10:05:14 least five acres.
10:05:21 We are also concerned about the removal of the development
10:05:24 agreement because, as you know, it was many years to create
10:05:28 that agreement, and with your help having be designed in a
10:05:33 way that could complement the historic districts of all of
10:05:37 Tampa Heights, and be used as an anchor to help build the
10:05:44 rest of the neighborhood.
10:05:44 On the other hand, we do see that if there is some
10:05:46 significant investment in that area, that then cot help to
10:05:52 guide the rest of the area.
10:05:53 So we are going to have more discussion in between the two,
10:05:57 but again we just want to be sure that -- we encourage the
10:06:02 development and the investment in one area, but at any
10:06:09 opportunity that comes along, if you decide to terminate the
10:06:13 development agreement, that the first opportunity comes, we
10:06:17 could recreate an umbrella that again uses the same design,
10:06:22 or similar design to ensure that what we discussed and
10:06:27 agreed upon previously could bring this under this umbrella
10:06:29 of complementary to the historic district as well as Tampa
10:06:34 Heights that it be put in place.
10:06:37 Thank you.
10:06:37 >>CHARLIE MIRANDA: Thank you very much, ma'am.
10:06:38 Next, please.
10:06:39 >> Andrea Zellman, Fowler White Boggs, and today I am
10:06:45 honored to be representing the Columbia restaurant group and
10:06:47 the Gonzmart family.
10:06:49 I would like to read into the record a letter from Richard
10:06:53 Gonzmart who could not be here today, and also provide
10:06:56 copies for the record.
10:06:58 Dear Chairman Miranda and members of the City Council.
10:07:01 As you know, Columbia restaurant group together with metro
10:07:04 bay real estate LLC was honored to be selected by the City
10:07:08 of Tampa after the city issued a request for proposals to
10:07:12 engage in a privately financed renovation of the historic
10:07:15 water works building.
10:07:16 As outlined in our successful proposal we intend to renovate
10:07:21 this beautiful historic structure and build a new eatery in
10:07:24 the Tampa Heights riverfront area that will be a signature
10:07:27 dining destination and a focal point along Tampa's
10:07:31 We will do so with significant private investment.
10:07:34 However, we have grave concerns about moving forward with
10:07:38 our project while it is under the cloud of the existing 2006
10:07:43 amended and restated Tampa Heights riverfront development
10:07:46 Both the city and we have been advised that there are
10:07:49 parties claiming development interest in the Heights future
10:07:53 development who may attempt to assert rights under that 2006
10:07:57 development agreement and are claiming further that it is
10:08:00 they and not the City of Tampa who should be parties to a
10:08:03 lease for our renovation and use of the water works
10:08:08 As you might surmise, we are extremely uncomfortable moving
10:08:11 forward with our planned water works building restaurant
10:08:13 redevelopment under this cloud.
10:08:16 Obviously, we cannot make the necessary significant
10:08:18 investment of time, money and energy with the risks that our
10:08:23 goals will be thwarted or delayed or, worse, our project
10:08:26 will be stopped or become embroiled in protracted litigation
10:08:31 related to the 2006 development agreement.
10:08:33 Unfortunately, this is a result that could materially impact
10:08:36 our ability to complete our wonderful project in the manner
10:08:40 and time frame the city and we envision.
10:08:43 Again, we have no reason to believe that all owners of an
10:08:48 interest in the Heights area do not see a common goal of
10:08:51 seeing the Heights area revitalized and approved to its
10:08:54 maximum potential.
10:08:55 We look forward to working with the city, and any ultimate
10:08:59 developers of the Heights area, once they are determined
10:09:01 after the pending litigation and bankruptcy issues are
10:09:04 concluded to make all of that happen.
10:09:07 However, in the meantime, we believe that the determination
10:09:10 of the 2006 development agreement -- I'm almost done -- will
10:09:15 allow the city and eventual Heights developers to enter into
10:09:18 new agreements for the Heights designed vibrant start of
10:09:22 that area's eminent development and prosperity.
10:09:25 Eventually such determination will permit us to proceed
10:09:29 immediately to continue and complete our amazing water works
10:09:31 building restaurant project which the city and we have
10:09:34 already worked so hard to make a reality.
10:09:36 Thank you again for this great opportunity for the Columbia
10:09:39 restaurant group to participate and critical redevelopment
10:09:44 for the city and we look forward to our renovation of the
10:09:46 water works building being the catalyst for a fresh start of
10:09:49 the Heights.
10:09:50 Sincerely, Richard Gonzmart.
10:09:52 And I will provide copies to each of you and to the clerk
10:09:54 for the record.
10:09:55 Thank you.
10:09:57 >>CHARLIE MIRANDA: Thank you very much, Ms. Zellman.
10:10:01 Next, please.
10:10:01 >> My name is Carmen Brown Johnson.
10:10:04 I'm here representing Willa Brown, 2003 North Highland
10:10:10 We are one of the few property owners still in the Heights
10:10:16 And I am here to echo what Lena said, what this young lady
10:10:21 said about the area, but I am also here to say that we need
10:10:25 to go on.
10:10:27 This agreement has been in place for six years, working on
10:10:32 for many years, and my family has been an established family
10:10:38 in this community since 1926, and we know what Tampa can do,
10:10:42 and we just want progress.
10:10:44 We want what's best.
10:10:46 I have been on the CRA committee two years, attend meetings
10:10:52 when I can as a property owner, and I don't know how many of
10:10:57 you read the Tampa Bay times, but on July 25th, there
10:11:01 was a front page article in the newspaper featuring my son
10:11:05 who is an entrepreneur, and ready and waiting to come
10:11:11 back -- lives in California now, just started a business --
10:11:13 but eagerly waits for the time to come back to the
10:11:17 community, and work with the City of Tampa for progress.
10:11:20 Thank you.
10:11:21 >>CHARLIE MIRANDA: Thank you very much for coming.
10:11:23 Anyone else care to speak on this item?
10:11:25 >>SAL TERRITO: Legal department.
10:11:26 Let me address a couple of items.
10:11:28 It looks like maybe a little bit of a disconnect.
10:11:31 We may not be getting enough information.
10:11:33 This process started six years ago when we had the
10:11:35 development agreement.
10:11:36 Before we did the development agreement, we vetted the
10:11:39 people who came to us and said they could develop that
10:11:43 They had to show that they could control the property, they
10:11:46 had to show they had the financial wherewithal to make the
10:11:49 project go forward.
10:11:50 In the six years that has happened because the economy has
10:11:53 interfered, because of other factors, that is no longer
10:11:57 The people that are come before you, that are going to be
10:12:00 making some discussions, had a discussion with you, asking
10:12:03 you not to revoke this particular development agreement, are
10:12:06 going to be telling you things like we were never required
10:12:10 to control all of those properties.
10:12:12 Well, the requirement on the RFP was that they should
10:12:17 control the properties, the requirement was that they had to
10:12:19 have the financial wherewithal to do that.
10:12:21 We have not had any demonstration that the people that are
10:12:23 going to come before you can do that right now.
10:12:26 They do not control all the properties.
10:12:27 They control one third of the properties, approximately.
10:12:30 The other property is in bankruptcy.
10:12:33 We don't know what's going to happen with that.
10:12:35 This has been in the works for six years.
10:12:36 There has been very little progress.
10:12:38 We are required under Florida statutes to come before you
10:12:40 and demonstrate that this particular organization, the
10:12:44 people that come before you, cannot carry forward.
10:12:46 They are claiming to be the deferral, and that may be so,
10:12:49 but they do not control all the parcels.
10:12:52 Even if they wished to go forward, they can't go forward,
10:12:55 because they do not control the parcels.
10:12:58 The zoning on that property called for a certain
10:13:01 We have had discussions for over a year with the parties
10:13:05 that are coming before you, and they do not want to move
10:13:07 forward with the current zoning.
10:13:09 They want changes to be made.
10:13:11 We have a document from them indicating what the changes
10:13:13 would be.
10:13:14 They would have to come back before you to go through
10:13:16 another rezoning process.
10:13:18 It seems to make more sense to us, revoke this document, and
10:13:22 if there's a need to come back before you, to come back
10:13:26 before you with a new document spelling out what it is they
10:13:28 need to do.
10:13:30 There's a requirement that streets be vacated.
10:13:33 The vacation has expired.
10:13:34 The configuration that was necessary at the time can no
10:13:37 longer be done.
10:13:38 If they want to make changes to that street configuration,
10:13:40 then we need to do another development agreement.
10:13:42 We need to be assured that the people coming before us can
10:13:46 have the financial wherewithal to carry this project
10:13:48 forward, and have the projects on the property under their
10:13:53 Ha has not been demonstrated.
10:13:55 Florida statutes require to go through two public hearings.
10:13:58 The first of two public hearings.
10:14:00 The agreement that we have with the developer requires
10:14:02 120-day cure period.
10:14:04 We are running those two concurrently.
10:14:07 If after the second hearing it is the decision of this City
10:14:09 Council to revoke that particular development order, then
10:14:13 we'll have to wait until the 120-day period runs which is
10:14:17 sometime in October.
10:14:18 Until that time, discussions can be had, but we need to have
10:14:22 a demonstration that the people that are coming before you
10:14:25 have the wherewithal to carry this project forward, and they
10:14:28 have not demonstrated that to the administration as of yet.
10:14:31 And that's kind of where we are right now.
10:14:35 >>CHARLIE MIRANDA: Thank you very much, Mr. Territo.
10:14:36 Next, please.
10:14:37 >> Just a little bit of background.
10:14:40 >>> Chairman, members of the City Council, my name is Ron
10:14:46 Weaver, 401 East Jackson Street.
10:14:49 And I'm here on behalf of Riverside Heights LLC with respect
10:14:54 to the matter before you.
10:14:56 If I may, we sent a courtesy letter of some of our response
10:15:00 to the claims just made with respect to the assistant city
10:15:07 May I offer these for the record and each of you a copy of
10:15:10 the development agreement being discussed if you need one?
10:15:13 Here is an extra.
10:15:13 And a courtesy copy which was sent to you yesterday
10:15:16 Here is another copy if you like.
10:15:31 The Riverside Heights holding LLC is one of the largest
10:15:36 creditors of the Heights of Tampa LLC and its subsidiary and
10:15:41 has extended substantial sums to obtain a $12.5 million note
10:15:48 and mortgage with respect to this property.
10:15:52 This development group, Riverside Heights holdings, is
10:15:56 qualified, it is funded, it is capable, and it is ready and
10:16:01 willing to continue to demonstrate that the whole is often
10:16:06 better than the sum of the parts.
10:16:08 It has relied in good faith.
10:16:10 It has obtained collateral within the assignment of the
10:16:13 development agreement, has relied in good faith upon the
10:16:16 development agreement.
10:16:17 But nevertheless, in the spirit of compromise, would be
10:16:21 willing to recommend that there be a continuance for the
10:16:26 community, the neighborhood, the affected parties today, and
10:16:30 any others to get together and determine if an agreement
10:16:32 should be amended to deal with all of these issues
10:16:36 especially the ones just discussed, if there are such
10:16:38 questions, I would address each if you want me today or
10:16:43 August 16th.
10:16:43 Totally up to you.
10:16:44 We would respectfully reserve the right either day today or
10:16:49 August 16th to demonstrate with respect to the three or
10:16:52 four points -- Mr. Territo is doing a good job for the
10:16:55 city -- but about which we agree for the claims to control
10:17:00 and finance, et cetera.
10:17:01 If this City Council is willing to give us a short period of
10:17:04 time in which to continue to find a way to amend rather than
10:17:09 cancel unnecessarily and disruptively the agreement, we are
10:17:13 here for the best interests of the community.
10:17:15 We are ready, willing and qualified, and after my three
10:17:21 minutes is up, we would be honored to answer each one of Mr.
10:17:24 Territo's questions with respect to all five issues, in my
10:17:29 letter yesterday, today, anytime between now and August
10:17:32 16th, or August 16th which is totally in your
10:17:35 discretion or continue today's hearing and see how we can
10:17:38 salvage for all of these interests which we are aware of and
10:17:40 understand so that we can amend the agreement and not
10:17:43 Thank you.
10:17:45 >>CHARLIE MIRANDA: Ms. Montelione and Ms. Multiple Hearn in,
10:17:47 that order.
10:17:47 >>LISA MONTELIONE: You tried to contact my office.
10:17:52 I apologize I was not able to get back.
10:17:55 >>> On the, we have been working tirelessly to amend it, not
10:18:01 to cancel it unnecessarily.
10:18:03 >>LISA MONTELIONE: I remember -- I wasn't here at the time,
10:18:06 but I had knowledge of, of the parties, and I remember when
10:18:10 this development agreement was being hammered out, and it
10:18:13 was quite a lengthy process.
10:18:17 >> Four hours.
10:18:18 >>LISA MONTELIONE: A very extensive process.
10:18:21 And I agree with the members of the community who spoke that
10:18:25 we do need to move on.
10:18:28 But I also hate to see all of this work go by the wayside.
10:18:33 So I would be amenable to having that extension to August
10:18:39 16th, to bring the parties together, to discuss.
10:18:45 I would like to hear from our staff, Mr. Territo, even Ms.
10:18:53 Zellman, to find out if there would be any harm done by
10:18:56 waiting to the 16th.
10:18:57 It's only another two weeks.
10:18:58 >>> Thank you very much, Councilwoman.
10:19:01 >>LISA MONTELIONE: Mr. McDonaugh or Mr. Territo, would
10:19:11 there be any consequence of waiting two weeks?
10:19:15 >>SAL TERRITO: No action is being taken today.
10:19:17 The second hearing will be on the 16th so what happens
10:19:19 between now and then doesn't require any -- you are having
10:19:23 your first hearing right now.
10:19:24 There is a requirement to have a second hearing.
10:19:27 That's all set.
10:19:29 The statute requires two hearings.
10:19:30 There was no action being asked of you today.
10:19:32 Now whether the administration wants to continue having
10:19:35 discussions, that's not for me to say.
10:19:37 I'm saying no action is necessary on your part today.
10:19:41 This will come back to you on the 16th.
10:19:42 So between now and then, if the administration wishes to
10:19:45 have further discussions, that's certainly within their
10:19:49 It doesn't require any action on your part, is what I think
10:19:52 I am trying to say.
10:19:53 >>LISA MONTELIONE: Mr. McDonaugh, you are going to add to
10:19:59 >>BOB McDONAUGH: Economic development, City of Tampa.
10:20:02 I have spent considerable time attempting to reach some
10:20:04 middle ground and have been unable to do that.
10:20:07 Two weeks is not going to make a difference.
10:20:10 Under the original development agreement the developer had
10:20:12 certain obligations that they had to fulfill.
10:20:15 The extension of the Riverwalk.
10:20:17 The completion of certain improvements in the neighborhood.
10:20:23 CDD bonds to do infrastructure.
10:20:25 The improvements on the park.
10:20:27 None of these things have been done.
10:20:28 The neighborhood has waited patiently.
10:20:30 And the city has gone ahead with some plans to do this, to
10:20:35 get the park completed, working with Mr. Gonzmart to get a
10:20:39 restaurant, to help in the neighborhood.
10:20:44 At some point in the future if they would like to come
10:20:46 forward and come back to the city to see if we could work
10:20:49 out something for the entirety, we would be willing to do
10:20:51 that but right now they own a small parcel of the property.
10:20:54 They do not own all of it.
10:20:55 They are not equipped to do all of it.
10:20:57 And so the administration's position is no.
10:21:02 >>MARY MULHERN: I'll support continuance of this today but
10:21:15 I am not going to vote to revoke this agreement today.
10:21:21 We heard briefly from an attorney for one party to the
10:21:27 development agreement just now, and from the attorney for
10:21:33 perspective partner, or partner with the city in
10:21:37 development, part of this property.
10:21:39 However, no one from the city's legal department or from
10:21:46 economic development has met with me -- I don't know if they
10:21:51 met with on the council members -- but this is the first
10:21:54 time that I have heard any of this detail of what's
10:21:58 happening with this.
10:21:58 So I don't feel like I have the information to vote on this
10:22:03 So if we could have a continuance for this first reading for
10:22:08 two weeks, I'll support it.
10:22:13 >>CHARLIE MIRANDA: Mr. Suarez and then Mr. Reddick.
10:22:15 >>SAL TERRITO: There is no motion today.
10:22:19 It's severally a public hearing to hear evidence.
10:22:22 It is not a vote necessary today.
10:22:24 I just wanted to clarify that.
10:22:26 There's no first and second reading.
10:22:28 This is not a resolution in that respect.
10:22:29 All those happening today is that you are required to have a
10:22:32 public hearing to hear evidence being presented to you.
10:22:35 There's no action being required.
10:22:37 I wanted to clarify.
10:22:38 I'm not trying to stop you from doing something.
10:22:40 But no action is necessary today.
10:22:41 >>MARY MULHERN: Which number are we on?
10:22:48 >>CHARLIE MIRANDA: We are on 63.
10:22:49 >>MARY MULHERN: This is the first public hearing.
10:22:56 And we would be voting to terminate something, right?
10:23:02 >>MARTIN SHELBY: If I can, Mr. Chairman.
10:23:04 >>MARY MULHERN: Thank you, Mr. Shelby.
10:23:06 Please tell me what we are being asked to do.
10:23:08 >>MARTIN SHELBY: This process is not the same as when you
10:23:12 have an ordinance where your code requires a first reading
10:23:17 and a second reading.
10:23:18 This is similar to what you do with brown field
10:23:22 designations, where you are required by law to have two
10:23:24 public hearings.
10:23:26 But your first public hearing as Mr. Territo said is just to
10:23:30 hear from the public, and take evidence into consideration.
10:23:34 You are required to take no action today.
10:23:38 It goes on your agenda automatically as it is set for August
10:23:43 And at that time you will be presented with the opportunity
10:23:45 to take action.
10:23:46 >>MARY MULHERN: So we are not taking any action.
10:23:48 We are just hearing it.
10:23:48 >>MARTIN SHELBY: Yes.
10:23:50 >>MARY MULHERN: So I would just like to ask that we have
10:23:53 meetings with legal and with Mr. McDonaugh before, so we can
10:24:02 have a full explanation of what this means.
10:24:05 It's concerning because we are talking about property rights
10:24:07 here, and want to make sure that we are canceling a
10:24:13 development agreement, we need to know everything before we
10:24:17 >>CHARLIE MIRANDA: Mr. Suarez.
10:24:19 Then Mr. Reddick.
10:24:20 >>MIKE SUAREZ: Mr. McDonaugh, I'll ask you first and then
10:24:24 go to Mr. Weaver.
10:24:25 In terms of the agreement itself, it's been six years since
10:24:30 the original agreement.
10:24:31 And I know the development of Riverside Heights homeowners
10:24:34 association board, when this was first proposed as the
10:24:38 Heights, and they made a presentation to us, talked about
10:24:42 what was going to happen.
10:24:45 I have been at Riverside Heights for over eight years and
10:24:48 nothing has ever been done with this piece of property.
10:24:50 When did the current party, Mr. Weaver's client, buy the
10:24:58 loan or --
10:25:00 >> Approximately a year ago.
10:25:01 >>MIKE SUAREZ: A year ago.
10:25:03 And of course with our zoning rules, zoned for a certain
10:25:08 thing, they have to do it.
10:25:10 If not they have to come back and get new zoning as you
10:25:13 When you have gone into the sessions with this new party,
10:25:17 they controlled a portion of it.
10:25:19 What was their viewpoint?
10:25:22 Just that we want to change what the development agreement
10:25:24 says and we want a new development agreement?
10:25:26 Because we have taken over this loan and we are going to do
10:25:30 something completely different?
10:25:36 >>BOB McDONAUGH: Again, without putting words in their
10:25:39 They would aspire to control all of the property if it's
10:25:41 possible. The other two parcels in the bankruptcy court,
10:25:41 one is controlled by a bank, and so how it ends up we do not
10:25:45 But in conversations, of which there have been many, it's
10:25:48 been stated that the market has changed.
10:25:52 The configuration and densities and proposed land uses, what
10:25:57 were appropriate in 2004, 2005 and 2006 might not
10:26:01 necessarily be appropriate today.
10:26:03 And, again, this has been since 2006.
10:26:07 And the neighborhood is active in the neighborhood.
10:26:13 We would like to see something happen which is why the city
10:26:16 pursued an extension of the Riverwalk themselves, which was
10:26:19 an original obligation of the developer.
10:26:21 The city has pursued the redevelopment of the park, which
10:26:24 was an original obligation of the developer, and put an RFP
10:26:29 out for the water works building which has been sitting
10:26:32 vacant for a long time and wanted to get reutilized as a
10:26:36 restaurant to bring activity to the neighborhood. So we
10:26:38 felt that there was not anything immediately done, there
10:26:43 were not plans to do anything, and it was time to move this
10:26:47 >>MIKE SUAREZ: Thank you, Mr. McDonaugh.
10:26:50 Mr. Territo?
10:26:52 Excuse me, Mr. Weaver, you were bouncing up and down.
10:26:55 I'll get to you in a second.
10:26:57 Mr. Territo, you stated very clearly this is a first public
10:27:01 hearing and we are ask ass many questions as we want
10:27:04 concerning this particular project and what's going on.
10:27:06 On the second public hearing, we need to vote in order to
10:27:09 revoke the particular development agreement, correct?
10:27:13 >> That's correct.
10:27:15 >> So any information that we gather now and privately is
10:27:18 going to be part of that second vote regardless, correct?
10:27:21 >>SAL TERRITO: That's correct.
10:27:23 >>MIKE SUAREZ: And the reason I ask is because of course
10:27:25 with this particular -- we have shown, and Ms. Capin
10:27:29 eloquently mentioned about previous councils making
10:27:33 decisions, and now we now have the football.
10:27:38 There is some consequences to what we do in the future and
10:27:41 how we develop land and concerns when we are rezoning or
10:27:47 redoing contract.
10:27:48 And I just need to be clear that we are going in the right
10:27:54 direction so we don't come up with the situation that we had
10:27:56 this morning with the settlement.
10:27:58 Mr. Weaver, if you don't mind, come up here.
10:28:02 A quick question.
10:28:04 And hopefully I will get a quick answer.
10:28:06 Mr. Weaver, in terms of the development agreement, your
10:28:11 client went ahead and bought the rights to the development
10:28:15 agreement, or just the land itself, a parcel of land?
10:28:21 >>> Weaver: Both.
10:28:23 With respect to the development agreement, and a substantial
10:28:25 portion of the property.
10:28:26 >>MIKE SUAREZ: There's been some discussion as to the other
10:28:30 parcels of land in terms of what you will need in order to
10:28:32 fulfill the development agreement.
10:28:35 Have you been negotiating with the bank for the other
10:28:39 parcels of land?
10:28:42 >> Yes, sir.
10:28:42 >>MIKE SUAREZ: There's been no finalization of any kind --
10:28:49 is there any movement that you have seen in the year in
10:28:52 which your client has owned this development agreement of
10:28:56 this land?
10:28:57 >> Let me clarify.
10:28:58 There have been proceedings going on for the last several
10:29:01 years in bankrupt which are not yet concluded, but stayed
10:29:07 some of the activities that are concentrating the controls
10:29:10 that have been discussed here today, and secondly, with
10:29:12 respect to your question, the council needs to be advised
10:29:17 that 163.3220 has certain requirements in it being alluded
10:29:21 to on several occasions, and they are included in the
10:29:24 development agreement, and they are being asked about.
10:29:28 There are also some other components of some land swaps and
10:29:30 the like with respect to transfer of property and the like.
10:29:34 They may need to be discussed with respect to whether or not
10:29:37 163.3220 development agreement issues which have a unique
10:29:42 way of being addressed, enforced, rescinded or not, and
10:29:45 there are some non-163.3220, other forms of contractuals and
10:29:51 other arrangements that need to be part of this discussion,
10:29:53 but with respect to your question, the client is ready,
10:29:58 willing and able, has been working tirelessly for the past
10:30:01 year to bring together despite bankruptcy -- they are not in
10:30:07 They are simply stepping in to try to salvage the situation,
10:30:10 that the whole would be better than the sum of the parts,
10:30:13 and they are more than willing to continue working with the
10:30:14 neighbors, and there have been impediments including the
10:30:17 bankruptcy court, other people's bankruptcies, not ours,
10:30:20 which has created impediments to control, during that year
10:30:24 they worked tirelessly to try to salvage this community's
10:30:28 efforts to get on with its life.
10:30:30 >> Mr. Weaver, I think you overstate a point, because these
10:30:33 development agreements, as you know, are very complicated
10:30:36 It is complicated even more when we are talking about
10:30:38 bankruptcies and some other issues.
10:30:40 >> Yes, sir.
10:30:40 >>MIKE SUAREZ: I think that your statement that this
10:30:43 developer is ready to move forward is incorrect in the sense
10:30:47 that he can't move forward because other people own on the
10:30:49 parcels of land.
10:30:50 So when we talk about moving forward, we are not talking
10:30:53 about something that's going to quickly happen.
10:30:54 We aren't talking about something that's going to quickly
10:30:55 happen, we're talking about something that may be another
10:30:56 five years down the line, based on whatever is going to
10:31:00 happen with bankruptcy, and other parts of the land.
10:31:02 So I think that -- I think that's a given. I think you
10:31:08 would agree on that.
10:31:11 In terms of what our role is here that we need to go forward
10:31:14 in terms of what the best idea is.
10:31:16 I think when you are talking about the development
10:31:18 agreement, that's a bundle and sold to council as a bundle.
10:31:22 When pieces of it are removed, it is no longer a bundle, and
10:31:26 to me the agreement is null and void in my mind.
10:31:28 Now, I'm not a lawyer.
10:31:30 And I am not pretending to play one here today.
10:31:33 But it does seem to me that when we go back and look at what
10:31:37 the development agreement said, it is specific to that
10:31:41 party, specific to those parcels.
10:31:43 For you to step in now and say that, yes, we are willing to
10:31:47 go forward, except for these other seven things, I think
10:31:51 it's a little bit disingenuous to come to us and say
10:31:55 continue with the agreement that has been in place for six
10:31:57 years -- and I know that you are a late player to this -- it
10:32:00 makes it difficult to say let's go ahead and let this
10:32:03 property lay fallow until everything is put into place.
10:32:08 That's part of the problem.
10:32:09 And I just wanted to state that to you.
10:32:11 And I wanted to give you your statement, because you kept
10:32:15 jumping up and down so I wanted to make sure you had a
10:32:18 chance to speak.
10:32:18 But I really believe with this development agreement it's
10:32:20 better for us as a city, and better for the neighborhood and
10:32:24 better for everyone else, if we make it null and void.
10:32:26 >> And not throw the baby out with the bath water, because I
10:32:35 think the answer to your question awhile ago, you made a
10:32:41 correct clarification.
10:32:41 Control is very big in this morning's situation.
10:32:44 And therefore let's clarify once and for all that controls
10:32:48 that three parts.
10:32:49 Number one is a substantial part of the land is under
10:32:51 control, consistent with the rest of the development
10:32:56 That being said I gently but affectionately disagree because
10:33:01 this is held in B and could begun to be developed, so the
10:33:05 rest of the development, to make sure whatever we do with
10:33:07 that part is consistent with the overall fabric that we have
10:33:10 been talking about for the last six years if not 16 years.
10:33:14 Second part of control -- and I appreciate you asking the
10:33:16 question, Councilman.
10:33:17 The second part of control I spoke to briefly, which is the
10:33:20 nature that you are asking me, if we do it in our control at
10:33:23 We have the control I just mentioned, and quite frankly, one
10:33:27 of the reasons we have been unable to proceed to find other
10:33:31 ways of making the whole fabric work is bankruptcy, some
10:33:38 beyond our control, and that as you mentioned affects my
10:33:43 earlier statement that we are ready to go forward.
10:33:45 I meant with respect to our property and getting prompt
10:33:48 control if it's obtainable from those other sources on the
10:33:51 rest of the fact fabric so we can get on with this
10:33:54 neighborhood's life.
10:33:54 >> Sometimes, Mr. Weaver, it's better to salvage as opposed
10:34:00 to trying to sell the entire piece.
10:34:03 So I think that when this development was made, and this
10:34:06 agreement was made, we were in a different situation
10:34:08 financially as a country, and in terms of what banks were
10:34:12 willing to do.
10:34:13 Again we can get into a discussion about economics and where
10:34:17 money is flowing in terms of banks all day long.
10:34:20 But I appreciate your comment.
10:34:21 And I yield the rest of my time.
10:34:23 Thank you, chair.
10:34:28 >>CHARLIE MIRANDA: Your time has expired.
10:34:29 [ Laughter ]
10:34:30 >> Thank you.
10:34:35 >> Mr. Reddick and Ms. Capin.
10:34:39 >>FRANK REDDICK: Thank you, Mr. Chair.
10:34:45 Mr. McDonaugh, it's my understanding from what I have told
10:34:49 us, the developers have not met any of their requirements as
10:34:57 far as the development agreement?
10:35:00 >>BOB McDONAUGH: That is correct.
10:35:02 There is a long list spelled out in the development
10:35:04 agreement, and actually had time limes associated with them,
10:35:08 and none of that has been met.
10:35:09 That is correct.
10:35:09 >>FRANK REDDICK: That's what I wanted made clear.
10:35:15 Because if this was a Broadway show, Mr. Weaver would be a
10:35:24 good actor because he was putting on a good demonstration of
10:35:28 filly buttering this whole process a few minutes ago.
10:35:33 The problem that I have is that I pass that place all the
10:35:39 And there's that big sign out there saying the Heights
10:35:44 And for six years I haven't seen one plant put out there.
10:35:50 To try to apply anything out there, even to dig up some dirt
10:35:58 or something.
10:36:01 And it bothered me that the good actors can come and pretend
10:36:10 that they are ready to do the work and move forward.
10:36:14 But they had obligation and commitment and time line to do
10:36:17 certain things that has not been done.
10:36:20 So I agree with the neighborhood.
10:36:26 They have been patiently waiting.
10:36:30 And waiting and waiting.
10:36:31 And they are trying to move forward.
10:36:35 And I also agree litigation can go on for years.
10:36:39 And tell me, Mr. McDonaugh, if this process of litigation
10:36:48 would keep going on and on for the next two or three years,
10:36:51 how would that affect I think Mr. Gonzmart and his group
10:36:54 that want to build -- go forward with their project?
10:37:00 >>BOB McDONAUGH: One of the issues that has clouded the
10:37:02 negotiations with Mr. Gonzmart is the fact that the folks
10:37:08 that are here today have asserted that they have the
10:37:11 development rights over the whole project, although they
10:37:14 only own a portion of the land, and as I mentioned, the City
10:37:19 of Tampa has waited patiently.
10:37:21 Nothing has been accomplished.
10:37:22 The neighborhood is very unhappy with the fact that nothing
10:37:25 has been done.
10:37:26 And so hence we chase the Riverwalk, will bring the
10:37:31 Riverwalk to the neighborhood.
10:37:32 We are going to redo Waterworks Park, which was an
10:37:36 obligation in the development agreement.
10:37:39 One of the aspects -- there were some complicated land swaps
10:37:43 within the development agreement, which were tide to the
10:37:49 Riverwalk and also the water works building, some lots owned
10:37:52 by the city.
10:37:53 And it did not appear and does not appear that anything was
10:37:55 going to happen, which is why we issued an RFP on the water
10:38:00 works building.
10:38:01 To again try to activate that site for the neighborhood.
10:38:04 And there have been assertions that, no, you can't do this,
10:38:09 where the developer and -- you have to deal with us and not
10:38:13 the City of Tampa.
10:38:14 So one of the wishes is to dismiss the development
10:38:20 agreement, to clarify this issue, so we can go forward with
10:38:24 the things that the city can control, and the city can
10:38:27 improve, and the city can bring to the neighborhood.
10:38:30 >>FRANK REDDICK: Mr. Weaver, let me ask you a question.
10:38:38 You are doing a wonderful job of representing your client.
10:38:42 Let me just say that.
10:38:43 >>> Thank you.
10:38:46 >>FRANK REDDICK: But the reality is, can you state why in
10:38:52 six years your client has not put one tree or dug up any
10:39:00 ground on that property if they had a keen interest in
10:39:04 moving forward with this project?
10:39:06 Because I don't need the good rhetoric behind it.
10:39:14 Just a simple response.
10:39:15 >>> Yes, sir.
10:39:18 >>FRANK REDDICK: For six years they had opportunity to meet
10:39:21 the obligation was the city, the time line.
10:39:24 And they haven't moved forward.
10:39:26 >>> I'm out of town and my wife says, why didn't you take
10:39:35 out the trash the other three days?
10:39:37 And we are dealing with that one year tirelessly, and
10:39:41 therefore I respectfully apologize for those previous five
10:39:43 years we were not involved, my client was not involved in
10:39:46 doing the best he can, and there's still pending bankruptcy
10:39:49 proceedings which he's trying to get through and wrestle
10:39:53 through and optimistic about that will soon enable him to
10:39:58 continue this one year attempt to restore the activity that
10:40:00 we all vitally correct and need for this arrive front -- for
10:40:06 this Tampa Heights, and therefore this one year has not seen
10:40:08 a day he didn't try to accomplish what he just did.
10:40:13 I'm sorry for the previous I've fierce but they were not
10:40:16 In fact that's why he's involved, those folks and their
10:40:18 relationship to their vendors, someone new with new money
10:40:22 needed to come along and buy those financial positions and
10:40:24 pay fee title to substantial portions of the property and
10:40:27 get on with developing it.
10:40:29 In concert with the fabric of the rest of the development
10:40:32 agreement, so we didn't have a whole community, with all the
10:40:35 ingredients, innovators for doing it as a community is the
10:40:39 only reason we are here.
10:40:40 That is the only reason that we are here.
10:40:41 >>FRANK REDDICK: When do you plan on participating -- do
10:40:47 you have a time line for finalizing?
10:40:52 >>> As a matter of fact I have the agreement with me.
10:40:54 I have six pages with me.
10:40:56 159 and exhibit A, description of all of the streets to be
10:41:00 And in that six--page agreement, ordinance 2006-159, I have
10:41:06 a copy, contains an exhibit that lays out what streets need
10:41:10 to be vacated and thousand improve angular streets, would be
10:41:14 replacing them at the same time by replat in this room.
10:41:19 It's six pages.
10:41:20 >>FRANK REDDICK: I'm speaking what is the time line for
10:41:25 finalizing the date roughly?
10:41:27 >> We have already received inquiries, and therefore as soon
10:41:29 as we can factor those inquiries with respect to moving
10:41:32 forward in this recovering economy.
10:41:34 Exhibit I to the entire agreement simply says preliminary
10:41:37 schedules, subject to market conditions.
10:41:40 The entire agreement, exhibit I, is preliminary schedule,
10:41:43 subject to market conditions.
10:41:44 And we are finding in the last year those market conditions
10:41:48 are improving.
10:41:48 Folks are inquiring about the property that we have fee
10:41:51 title to, and therefore the return of the economy, it does
10:41:56 show signs of life for the last six months.
10:41:58 And actual time I wish I could give you.
10:42:04 >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
10:42:05 Ms. Capin.
10:42:08 >>YVONNE CAPIN: (off microphone) Mr. Weaver, there's a
10:42:17 portion of this that is owned by your client?
10:42:21 >> Yes.
10:42:22 12 acres, yes, ma'am.
10:42:24 About 80% of the riverfront from North Boulevard, goes from
10:42:28 North Boulevard all along the river, about 70 or 80% of the
10:42:32 entire frontage from the most ideal property, and it's a
10:42:35 contiguous rectangle, from North Boulevard all the way to
10:42:40 just west of the Tampa Armitage, goes along the river, 12
10:42:45 acres, continuous from North Boulevard to the edge of the
10:42:48 Tampa Armitage.
10:42:52 >> And at this point your client can start to develop or
10:42:56 request zoning to develop that property?
10:42:59 >> It is already zoned under a PDA, approved by this board
10:43:02 in 2006.
10:43:05 >> So he can't, or she, whoever your client is, can begin to
10:43:09 develop this property?
10:43:16 Is there anything to start to develop the property that they
10:43:18 do own?
10:43:20 >> That's a very good question, Councilwoman.
10:43:23 Let me answer it.
10:43:25 The development agreement and the PDA, planned development
10:43:28 alternative A zoning, are integrated.
10:43:32 Therefore, when you pull out the development agreement from
10:43:35 the PDA, to the development agreement, the development
10:43:41 agreement was first, then the PDA was adopted, and in this
10:43:47 room, rather than 20 additional pages of PDA conditions they
10:43:51 adopted some of the agreement.
10:43:52 But technically the ability to continue to go forward does
10:43:56 need the PDA or its replacement of the compromise in the
10:44:00 next week or two to find a way to salvage that which we all
10:44:03 need in order to effectuate this project.
10:44:07 Would you like to add anything to that?
10:44:13 >>YVONNE CAPIN: And to develop that 12 acres, I can pretty
10:44:18 much confidently say that had the petitioner come before us,
10:44:23 for whatever it is that they need to develop that --
10:44:28 >> You would have been there for us.
10:44:30 We know that.
10:44:34 >>YVONNE CAPIN: And the development agreement, right there,
10:44:36 right there, it tells you -- it tells me that it has been
10:44:45 broken, it has been -- it no longer pertains.
10:44:51 >> For the controls being wrestled from the bankruptcy, and
10:44:56 having been in longer than the year that we have done our
10:44:58 best to deal with that one-year period, I understand what
10:45:02 you mean.
10:45:02 And I believe the development agreement is serving a
10:45:04 purpose, integrated with the planned development zoning that
10:45:06 is already there, and together the project works.
10:45:09 But in each of those parts of the project are complementing
10:45:12 and enabling and creating access to the parks, to the other
10:45:16 streets, so that the all the parcels work together, and it's
10:45:20 that working togetherness that I think is what's going on
10:45:22 here, Councilwoman.
10:45:23 >> I cannot see this council or this city not having those
10:45:29 parcels work together if you had three owners.
10:45:32 >> I agree.
10:45:35 We plan to work together.
10:45:36 >> That is what I see our city moving forward.
10:45:41 And I want to say this, while we are looking at this, for a
10:45:48 second reading, two weeks, we cannot have a second reading
10:45:52 in one week?
10:45:54 >> I think there are two hearings required.
10:45:56 >> My question is two weeks.
10:45:59 So we can't delay this for a week.
10:46:03 Then I would like -- Mr. McDonaugh.
10:46:19 >> I misspoke.
10:46:20 I believe they got control of the property in January 2011.
10:46:23 >> My question is, they have been the owners of the property
10:46:26 for 18 months and they have the ability to move forward and
10:46:30 develop in good faith those 12 acres to show we can move
10:46:39 forward orderer we will move forward.
10:46:44 Go ahead, sir.
10:46:44 >>BOB McDONAUGH: It is my assumption if they had come
10:46:51 forward with a proposal on the 12 acres the city would have
10:46:54 listened to accommodate them but again there are a lot of
10:46:56 conditions precedent, a lot of things that should have been
10:46:58 accomplished that have not been, and so it's not just as
10:47:01 simple as putting up a building, but part of -- wanting to
10:47:05 maintain this development agreement comes with a lot of
10:47:07 obligation of which none of them accommodated.
10:47:15 Not without owning the property.
10:47:16 >> Not without owning the property.
10:47:18 Mr. Territo, I think you have something to say.
10:47:21 >>SAL TERRITO: Legal department again.
10:47:23 There are some legal impediments as well.
10:47:26 Part of that required streets to be vacated.
10:47:28 That vacation has expired.
10:47:30 So they have to come back and do another vacation in order
10:47:32 to do some of that development.
10:47:34 They do not own the property.
10:47:36 We cannot renegotiate this agreement with them because they
10:47:40 are not all the parties to the original agreement.
10:47:42 We are only dealing with several of the parties.
10:47:44 We have the authority under the statute to unilaterally
10:47:47 We do not have the authority to go forward and continue with
10:47:50 negotiations because we don't have all the parties present.
10:47:52 Even if we agreed on he have point we could not renegotiate
10:47:57 this agreement because all the parties are not present to
10:47:59 renegotiate those deals.
10:48:01 So it's not a matter of we are being recalcitrant.
10:48:06 They don't want to move forward, Ms. Montelione.
10:48:08 That's a question, we went through a lot of trouble getting
10:48:10 this development agreement.
10:48:11 They don't want to move forward with the existing
10:48:14 development agreement.
10:48:15 They want to make substantial changes to it.
10:48:17 So the idea that we can move forward, not only do they not
10:48:20 want to move forward with the original plan, they want to
10:48:23 change it substantially, they are not able to move forward
10:48:26 for legal reasons, because of vacations have expired,
10:48:31 because they are not the sole party to this agreement.
10:48:33 Necessity don't have the authority to negotiate this
10:48:35 They are not one of the -- they don't control the entire
10:48:38 development agreement.
10:48:40 Of the equation.
10:48:42 >>YVONNE CAPIN: Mr. Territo, that's exactly what we are
10:48:45 doing here today.
10:48:52 We are trying to move the first reading for two weeks.
10:48:56 Is that what the motion is?
10:48:57 >> Let me explain.
10:48:58 Now it's complicated.
10:48:59 I am trying to not make it more complicated.
10:49:01 When do you a development agreement, there's a requirement,
10:49:04 when you do a chapter 163 development agreement, what the
10:49:07 chapter 163 development agreement gives the developer beyond
10:49:10 what you would normally do with a regular development
10:49:12 agreement, it locks in place all of the regulations that
10:49:16 existed at that particular time.
10:49:18 So the city's regulations from six years ago would be the
10:49:22 ones we move forward with.
10:49:23 So in order to take that right away from them, the statute
10:49:27 requires you to do the same process to get the development
10:49:30 agreement which requires two public hearings two weeks apart
10:49:33 with advertising in the newspaper, contacting property
10:49:36 To revoke that you follow the same process.
10:49:38 You have two public hearings to give the developer, the city
10:49:42 and any other interested parties or the public an
10:49:44 opportunity to vent and come out and tell you what they want
10:49:49 you to hear.
10:49:49 It is the second public hearing that you have where action
10:49:52 is necessary if you want to take that position.
10:49:56 >>YVONNE CAPIN: Are we in the first public hearing?
10:49:59 >>SAL TERRITO: Yes, you are.
10:50:00 >> And the purpose of the first public hearing is to do what
10:50:05 we are doing right now asking the questions, getting the
10:50:07 answers from legal that we need on both sides.
10:50:10 So I'm trying to understand why are we -- delay this.
10:50:15 >> Because the statute requires you to go through if two
10:50:17 public hearings.
10:50:18 >> I know.
10:50:19 The motion to delay for two weeks.
10:50:23 Oh, there is no motion.
10:50:25 I'm sorry.
10:50:26 Then --
10:50:27 >>SAL TERRITO: You will be come back on the 16th
10:50:29 because the statute requires you to come back.
10:50:31 If you come back on the 16th then you have more
10:50:33 flexibility on what action you wish to take at that
10:50:35 particular time.
10:50:36 And let me explain the other question.
10:50:39 Mr. Suarez, if we come back on the 16th, that would be
10:50:45 the document prepared for you saying if they don't need the
10:50:48 period which is 120 days, we are running them
10:50:51 simultaneously, the statute requires you to have 200
10:50:54 hearings for revocation.
10:50:55 The agreement we had with the developer gave them 120 days
10:50:58 to cure any impediments.
10:51:01 That is running concurrently.
10:51:04 Actually, you would take, assuming you want to do this,
10:51:06 would be moving to revoke the development agreement,
10:51:09 contingent upon the fact that they could not fix or cure
10:51:13 within that 120-day period of time.
10:51:16 Got provisions in here, it is not improper delegation.
10:51:21 What you would be doing is saying we are authorizing the
10:51:23 administration to revoke this at the end of the 120-day
10:51:26 period, assuming they don't meet the requirements which
10:51:30 would probably be very difficult to meet.
10:51:32 >> Mr. Harden, do you have anything to say to us?
10:51:38 Thank you, because I thought I saw you get up.
10:51:41 >> You have been very patient and kind and Mr. Harden has
10:51:45 been very grateful as long as all the partners.
10:51:48 >> Let us just clarify three of the last points.
10:51:51 Number one, the 70-some acres, 77-some acres, it's always
10:51:59 about 20 owners.
10:52:00 There are three or four development interests some of whom
10:52:03 are in bankruptcy.
10:52:04 If we salvage the baby and not throw the baby out with the
10:52:08 bath water, there would be 19 other owners.
10:52:11 It's 77 acres.
10:52:13 There's a lost owners all over the community, and those 20
10:52:16 owners would have a chance to come and say please salvage
10:52:18 this and please let's bring current over these six years
10:52:22 this part of it, because it's not working or whatever, it's
10:52:26 not working or maybe these bankruptcies have created an
10:52:28 ability and there's consequences of those, but those folks
10:52:32 who are involved and were involved and still may be
10:52:35 involved, they happen to have their trustee in bankruptcy
10:52:37 come to the meeting if they choose to and say, no, please
10:52:39 salvage this and this and this, and please let's find that
10:52:42 this and this and this are not working, are impeding us
10:52:45 getting on with the life of this community.
10:52:49 Thirdly, with respect to the financing, there's always been
10:52:53 a pooling of talent of TIF, CDD, community development
10:53:00 districts, pooling of our future tax revenues in the TIF and
10:53:05 CDD and joint financing, which means if we do better
10:53:08 together -- in fact, the only way we are going to do
10:53:08 anything out there, because we are no happier with that lack
10:53:10 of activity, Councilman, than you are -- would be to pool
10:53:16 the 20 owners, the ones that are still waiting for something
10:53:19 to make this happen, salvage the parts that work, shape the
10:53:22 parts that don't, and get on with the life of this
10:53:24 community, including the shared financing.
10:53:27 And thank you for those excellent questions, Councilwoman
10:53:32 >>CHARLIE MIRANDA: Let me just say this, if I may, at this
10:53:36 Through no fault of no one, the petitioner, the city, or
10:53:40 anyone, these things came to what it is today.
10:53:43 There's a couple of words here, status quo isn't acceptable
10:53:47 here anymore.
10:53:49 I, you, the city, the courts, have no control.
10:53:53 This may take five years, ten years.
10:53:55 The city has done everything they could to make this a
10:54:00 They started with, the city bought, bought the land, sold
10:54:06 the land, do whatever they have to do, way back.
10:54:08 This goes back really more than what -- this goes back to
10:54:12 two prior administrations.
10:54:14 And when you look at this false hopes only brings to the
10:54:21 mind and that's what we have, false hope, not on your part,
10:54:24 it not on your client's part but by the action that's
10:54:28 happened without the parties being involved themselves.
10:54:31 I would venture to say that today we have had more dialogue
10:54:33 than your clients have with the city the last 18 months.
10:54:36 >> They talked constantly.
10:54:39 7 a.m. before the last hearing.
10:54:42 >> And what accomplishment do you have?
10:54:43 >> Attempt to have this agreement, the parts that work.
10:54:47 >> I attempt to comb my hair every morning.
10:54:49 It doesn't work.
10:54:50 But what I am trying to say is that we have to realize what
10:54:54 the facts are.
10:54:55 It's not your fault or the client's fault.
10:54:58 It's the client of the -- climate, the temperature of what
10:55:02 we have to face.
10:55:03 And if we continue with status quo, the city has built and
10:55:09 will continue to build the Riverwalk.
10:55:15 And its completion which would be Tampa Heights, had a great
10:55:18 That doesn't mean that the dream is dead, but the
10:55:21 realization of that dream within a certain time period is
10:55:24 somewhat dismissed, because it's not happening.
10:55:28 There were owners, there were companies that came in to
10:55:32 Two of them, I guess, in bankruptcy.
10:55:33 >> Yes, sir.
10:55:35 >>CHARLIE MIRANDA: I would imagine by the set of evidence
10:55:36 that we have heard, your client came in, bought one of those
10:55:42 companies, I assume.
10:55:43 But I'm not a lawyer.
10:55:45 I would assume that he bought into the development agreement
10:55:47 that somebody else had signed.
10:55:49 I don't know if that's a fact or not.
10:55:50 I'm just assuming that's what happened.
10:55:54 >> He obtained --
10:55:57 >> The agreement development agreement was very specific
10:56:01 throughout the time.
10:56:02 That time has run out, as I understand it but what I have
10:56:05 heard this morning.
10:56:06 So what we are faced with is to have this hearing, without
10:56:10 taking any action, and in the second hearing.
10:56:14 Am I right, Mr. Territo?
10:56:16 Am I right, Mr. Shelby?
10:56:18 That's the text of this hearing?
10:56:20 So it's not for us to vote something up and down today, but
10:56:24 in accordance to the law -- and you all know the law, I
10:56:26 don't -- that this is a preliminary, and this hearing today
10:56:31 will do more for your client, and more for the city that
10:56:34 come to the table within the next two weeks, that if we were
10:56:38 to extend it for one day or two weeks because you say, well,
10:56:40 we get to that time, we'll ask for a compromise and come
10:56:45 So I feel confident that the city, the neighborhood, and the
10:56:48 taxpayers are better served by us having this first hearing
10:56:52 like we are doing today, take no action, set the thing for
10:56:57 second hearing, an within those two weeks it is your job,
10:57:00 sir, and your boss' job, to get together with the city, and
10:57:05 Mr. McDonaugh and work out a possible solution so at the
10:57:09 second hearing it will be null and void, there will be none.
10:57:12 I have heard conflicting interest.
10:57:14 You are talking about building stress.
10:57:16 You are saying how can you build a street when that's
10:57:20 I mean, that's what I heard.
10:57:22 So I'm just saying, I agree with some of my colleagues today
10:57:26 that this should go to second hearing so you can have those
10:57:29 two weeks to work out these things.
10:57:32 Now Ms. Montelione.
10:57:38 >>YVONNE CAPIN: I never finished.
10:57:41 >>CHARLIE MIRANDA: I am going to hold a five minute rule
10:57:42 from now on.
10:57:43 Go on.
10:57:45 >>YVONNE CAPIN: When you purchased the 12-acre, you
10:57:47 purchased it with all the encumbrances?
10:57:50 >> Yes, sir.
10:57:54 >>YVONNE CAPIN: Is that right?
10:57:54 And those encumbrances are to all of the property or just on
10:58:02 those 12 acres?
10:58:04 >> It's about 60 pages.
10:58:06 I gave you an extra copy.
10:58:08 It has about 50 or 60 different cost obligations and some of
10:58:12 those would affect it and some would not, a short answer,
10:58:17 There are about 60 major obligations and you have a copy
10:58:20 before you.
10:58:20 And some of those do in deed affect those 12 acres.
10:58:23 >> That's all I needed to ask.
10:58:27 Thank you.
10:58:29 >>CHARLIE MIRANDA: Thank you very much.
10:58:30 Ms. Montelione.
10:58:30 >>LISA MONTELIONE: Thank you, sir.
10:58:33 So we have a 77-acre property of which your client Mr.
10:58:37 Harden owns, and partners own 12 of those 77 acres.
10:58:44 This development agreement calls for the development of like
10:58:56 The population estimated to occupy the project at its
10:59:00 completion was 4300 people.
10:59:05 1900 multifamily residential units, it talks about, of
10:59:10 course, the park, it talks about the trolley barn and
10:59:13 several other components.
10:59:15 So owning 12 acres of 77 to accomplish what it talks about
10:59:18 here in this development agreement is not possible, because
10:59:22 the development agreement talks about those 1900 units, some
10:59:29 affordable, talks about other spaces as well.
10:59:35 So here it is, 1900 multifamily units, 100,000 square feet
10:59:40 of commercial retail space, 100 boat slips and approximately
10:59:44 160,000 square feet of office space.
10:59:48 Improvements to the Waterworks Park, pumping station,
10:59:51 stormwater facilities, and all the infrastructure that goes
10:59:54 along with it.
10:59:55 So until your client and his partners obtain the other
11:00:02 acreage necessary to fulfill the plan for this property,
11:00:09 nothing is going to be able to be done.
11:00:13 So when other council members talk about, why haven't you
11:00:16 done this and why haven't you done that?
11:00:18 You can't do those things because you don't have control of
11:00:21 enough of the property to move forward with this plan that's
11:00:26 outlined in your development agreement.
11:00:27 That's how I understood.
11:00:29 >> That's a great question.
11:00:32 >> That's my understanding.
11:00:36 The park improvements, and, you know, we have gone ahead
11:00:42 with some of those, and Mr. McDonaugh, Mr. Territo, the
11:00:50 brownfield designation, has that been done, completed?
11:00:54 There is a requirement in section 5.12 brownfield
11:00:57 designation, the city shall consider designating and area,
11:01:03 located at Tampa armature works brownfield area.
11:01:08 Has that been done?
11:01:09 >> Brownfield rehabilitation agreement about seven years
11:01:14 >> So that requirement has been completed?
11:01:19 >> To my knowledge.
11:01:20 >> But that's about the only requirement that's been
11:01:22 completed by --
11:01:24 >>> Completed by the City of Tampa.
11:01:25 >>LISA MONTELIONE: Completed by the City of Tampa. So all
11:01:29 of the provisions that are outlined, that could go forward,
11:01:35 the only way they were completed was that the city completed
11:01:38 The brownfield designation?
11:01:41 >> The completion of the water works, the extension of the
11:01:45 Riverwalk, they are being done by the City of Tampa.
11:01:47 >> I see Mr. Harden shaking his head.
11:01:51 Mr. Harden, I would really love to hear from you, because I
11:01:55 can see you just like exploding with something to say.
11:01:58 >> Bayshore Boulevard, Tampa, Florida 33611.
11:02:08 We do business as a company, LLC, and we control 36
11:02:17 different properties around town.
11:02:19 Some of those include Coleman's court on the west bank, the
11:02:24 Heights, projects that we really have a higher vision for,
11:02:31 apartment out in the suburbs.
11:02:35 We think it's a great project.
11:02:40 I think throws been -- I'm all for rules of order.
11:02:44 I don't know how this proceeding is supposed to go forward.
11:02:47 I can read the statute and the contract between the parties.
11:02:49 You know, 12.5 million, real property first positions and
11:03:00 second positions on the real property and the collateral,
11:03:03 separate 17-page collateral assignment of the collateral
11:03:06 agreement that were discussed today.
11:03:09 So clearly the development agreement is in default.
11:03:11 We have been pursuing it actively and we met with the city
11:03:14 at least a dozen times, been to my office as recently as
11:03:19 last week.
11:03:20 And so it's not through a lack of effort or not wanting to
11:03:25 work it out.
11:03:26 We have had stayed by the bankruptcy proceeding from
11:03:28 basically stepping forward and saying let's cure these
11:03:33 So a red line iteration of the right-of-way closure
11:03:39 agreement that I transmitted to them a year ago.
11:03:42 So we want to see this thing go forward.
11:03:47 I think the confusion -- and we have all been in attendance,
11:03:53 I was fortunate to be invited by Mr. McDonaugh, to have some
11:04:00 private meetings with some of those individuals, and we
11:04:02 participated in that, what we see as the reason for not only
11:04:08 the Heights, but also on the west bank.
11:04:12 So I would point out that the development agreement is the
11:04:20 community redevelopment area, 77-acre development agreement,
11:04:23 public-private partnerships just like the ones we have seen
11:04:26 discussed and presented in all the panel discussions that
11:04:31 have been held as to what we need to do in these two areas.
11:04:34 So another point specifically about this development
11:04:42 agreement is that 70 to 80% of the infrastructure that was
11:04:44 necessary, there's a publicly maintained regional lift
11:04:50 station that sits on our private property.
11:04:52 So clearly the city had it there, historic, and it is
11:04:58 actually on private property and --
11:05:02 >> I hate to interrupt, but I was talking about the
11:05:05 brownfield application and the completion of that, and you
11:05:08 were shaking your head.
11:05:09 >> There are two brownfield applications anticipated by the
11:05:14 Both of the applications.
11:05:15 It's more than just having the city vote on it.
11:05:17 You have to go through the --
11:05:21 >> Right.
11:05:21 >> They have both been approved and one of them was complied
11:05:24 and the other is pending compliance.
11:05:26 So the funds that we put into the project, the loan that we
11:05:32 now own put into the project, paid for the consulting
11:05:35 services, and, in fact, that was carried forward.
11:05:39 There's a mitigation plan done, the four-acre property has
11:05:44 not been complied with.
11:05:46 The 12.5-acre property that we hold fee title to has been
11:05:51 >> So there are two brown field applications.
11:05:57 One of them has been approved, gone through the process.
11:06:00 The other one is still penning?
11:06:01 >> Yes.
11:06:02 There were two --
11:06:04 >>LISA MONTELIONE: But the disconnect, Mr. McDonaugh says
11:06:08 that the city was the one who pursued the application and
11:06:11 gotten the brownfield designation, and you are saying that's
11:06:15 not correct, that your company has outlaid those funds to
11:06:19 move that brownfield application.
11:06:21 >> Understand we are the creditor.
11:06:23 We purchased the position of a commercial bank because this
11:06:26 is what they do.
11:06:29 So we are trying to get the project back together.
11:06:32 I have all the records for the project.
11:06:33 In fact, the previous developer works for me now.
11:06:40 She's a very competent person but it's hard to understanding
11:06:43 details of the project.
11:06:44 >> But it is true that until you get control of the other
11:06:46 acreage at 65 acres more or less, the project as described
11:06:55 in this development agreement cannot go forward.
11:06:58 >> Well, this is like a Chinese menu.
11:07:04 You put it on the properties to say 100 unit density go,
11:07:09 where the 35 unit density goes where restricted goes.
11:07:13 Those things are designated.
11:07:15 I am involved in several projects.
11:07:16 We are the master developer, portions of the property, not
11:07:20 all of it.
11:07:21 So that's not a -- from inception, disagreement with the
11:07:28 77-acre CRA, the boundaries of the development agreement
11:07:31 were synonymous with the 77-acre CRA, and there's always
11:07:36 been 20 planned owners within this project, and the majority
11:07:42 of the infrastructure required to be put in place, that the
11:07:49 public financing was supposed to pay for, the lift station,
11:07:52 attenuation, stormwater runs unfettered down the streets,
11:08:01 and into the river.
11:08:02 So all these elements were planned, and in fact for that
11:08:11 stuff to take place on our property.
11:08:13 >> One of the questions I think Mr. Reddick had, a time line
11:08:20 for this project to move forward substantially beyond what
11:08:25 the city has already done in the parks and the Riverwalk
11:08:30 could take years, I mean, because you are dealing with a
11:08:33 company who owns -- partners who own the other 65 somewhat
11:08:39 acres, individually some of them have to come out of
11:08:43 bankruptcy, some of the land owners you can deal with
11:08:46 directly, but until you control enough of the projects,
11:08:50 really there's not much going to be done.
11:08:52 So, I mean, that's my point.
11:08:54 >> My hands are tied by the bank.
11:08:57 >> Your hands are tied.
11:09:00 >> We are a creditor of all the parties in the bankruptcy.
11:09:03 >> So this is going take some time to emerge out the other
11:09:07 side, and there be a viable development as foreseen by this
11:09:12 development agreement and as approved in the PDA.
11:09:15 And I have got some other questions maybe for Mr. McDonaugh.
11:09:19 >> Could I make a statement again?
11:09:21 >> Yes.
11:09:21 >> We are very supportive of -- we offered to put the money
11:09:31 in if he needed it.
11:09:32 We would like to see them develop water works.
11:09:34 That's a great idea.
11:09:36 Then I think we don't need to rescind the development
11:09:38 agreement to make that happen.
11:09:39 I think there's a lot of work that's gone into this
11:09:42 The framework of what we are all needing at the meetings,
11:09:48 and the best thing to do for the neighborhood, for the
11:09:50 interested parties would be to rework it.
11:09:53 >> Thank you very much.
11:09:58 Mr. McDonaugh, the Waterworks Park, the TECO trolley barn,
11:10:07 what's in jeopardy specifically with those two parcels of
11:10:11 those two buildings?
11:10:13 If this development, if it stays in place.
11:10:16 >> Okay.
11:10:20 Specifically, the water works building, in the development
11:10:24 agreement, if the developer did certain things, the city
11:10:31 would do other things in response.
11:10:32 The vacating of the roads and dedication of the roadways
11:10:35 then to the development would be put into the development.
11:10:37 The city owns certain vacant lots in that area.
11:10:41 They would be part of the development.
11:10:45 The developer was going to have ownership of the water works
11:10:48 building if they fulfilled all of their requirements.
11:10:52 >> Who?
11:10:53 >> The City of Tampa.
11:10:54 >> Okay.
11:10:55 >>BOB McDONAUGH: Mr. Harden has been asserting ownership or
11:11:01 control issues, because of being the master developer, and
11:11:05 one of the reasons that we feel that the dissolution of the
11:11:07 development agreement would be helpful is that then there
11:11:09 would no longer be claims made upon that, we could have a
11:11:13 much easier -- complete the transaction with Mr. Gonzmart
11:11:18 and get the restaurant completed.
11:11:20 >>LISA MONTELIONE: And that is to the last paragraph,
11:11:25 section 13.12, material default by the developer.
11:11:29 It's short. I'll read it to you.
11:11:30 In the event of a material default by the developer caused
11:11:34 by gross malfeasance, criminal conduct or termination of the
11:11:38 development agreement, which is what we are talking about
11:11:42 now, by virtue of such default, the city shall have the
11:11:43 right to acquire all property owned by the developer within
11:11:47 the CRA plan for fair market value as determined by the
11:11:51 appraisal process.
11:11:52 >>BOB McDONAUGH: This would be talking about buying their
11:11:57 >> Right.
11:11:58 But termination of the development agreement allows the city
11:12:01 to go forward with that, correct?
11:12:03 >>BOB McDONAUGH: We already own it. The only way that the
11:12:06 developer gets ownership of the water works building is if
11:12:08 they went forward with the development and met all of the
11:12:11 agreements within the development.
11:12:14 The CDD is formed.
11:12:16 The extension -- the donation of land for the extension of
11:12:20 the Riverwalk, and some of the other obligations.
11:12:23 >> So it's after the developer owns those things and then is
11:12:27 in default that the city can go back and reacquire the
11:12:31 Maybe somebody could explain that.
11:12:32 >>SAL TERRITO: Legal department.
11:12:34 That was put in there -- there were scandals going on at the
11:12:37 time and we wanted to make sure --
11:12:40 >> No!
11:12:41 >>SAL TERRITO: So that was put in as a default for very,
11:12:45 very bad misconduct or criminal behavior.
11:12:48 >> I was concerned because it said or termination of the
11:12:51 development agreement.
11:12:51 So if we terminate this development agreement, that
11:12:54 paragraph would then come into play.
11:12:57 >>SAL TERRITO: That was not the intention, I can tell you
11:12:59 >> Whether or not it's there.
11:13:01 >>> I don't think the city is going to assert that part.
11:13:06 Really dealt with the determination because of those
11:13:08 factors, not in addition to that factor.
11:13:10 That was the intention.
11:13:11 Maybe it wasn't artfully as written as you would like to see
11:13:14 it written, but the idea would have been if any of those
11:13:17 three things happened, the agreement will be terminated, and
11:13:19 then the city could take those properties.
11:13:22 It wasn't a stand-alone decision that would terminate.
11:13:25 That wasn't the intention.
11:13:27 I don't think legally we could do that.
11:13:28 >>LISA MONTELIONE: That was a concern to me because I don't
11:13:33 want to the appear that if someone just reads this
11:13:36 paragraph, because it does say, or termination of the
11:13:38 development agreement, I don't want to the appear that we
11:13:40 are using the termination of this development agreement to
11:13:44 acquire control of this property.
11:13:46 And I understand that we currently have control of the
11:13:48 property, but I'm talking about --
11:13:50 >> This is including every property in the development, not
11:13:52 just that property.
11:13:55 That was not the intention to take those properties, because
11:13:57 we can't take those properties without paying for them.
11:14:00 >> That's a concern to me right there.
11:14:05 >>SAL TERRITO: I don't think the city is going to assert
11:14:09 >>LISA MONTELIONE: The trolley barn is operating on
11:14:16 compromised site spaces somewhat.
11:14:20 I have attended a couple of things at the trolley barn.
11:14:23 We terminate this agreement, what happens to that building?
11:14:27 >> The trolley barn is one of the pieces of land that is
11:14:35 currently in bankruptcy.
11:14:36 So when that winds its way -- effectively, the building is
11:14:40 condemned and should not be having functions in there.
11:14:43 >>LISA MONTELIONE: Oh.
11:14:45 >>BOB McDONAUGH: We are having localities of ongoing
11:14:49 conversations between our code enforcement folks, employee
11:14:55 of the owner of the property.
11:14:56 >>LISA MONTELIONE: Okay.
11:15:01 Well, that's all the questions I have.
11:15:05 I mean, I do want to reiterate, I want something to happen
11:15:10 I think all of us do.
11:15:12 We want to see Tampa Heights flourish.
11:15:16 The community, the 20 years that I have been involved in the
11:15:19 Tampa Heights neighborhood, they have always been a very
11:15:22 active group, and I do want to see something happen there in
11:15:29 a positive fashion.
11:15:30 And the Gonzmart family, by the city, by the Riverwalk, and
11:15:36 everyone working --
11:15:39 >>BOB McDONAUGH: That's the city administration's wishing
11:15:41 as well.
11:15:42 The idea is not to act as a an impediment but actually to
11:15:45 free things up so we can get finished because we are taking
11:15:48 positive steps.
11:15:48 >> Thank you for your patience.
11:15:51 >>CHARLIE MIRANDA: Any other council members at this time?
11:15:52 Ms. Capin?
11:15:55 >>YVONNE CAPIN: If I could have five minutes.
11:15:59 Mr. Harden, you stated that you managed the Columbus court
11:16:04 Do you own them?
11:16:10 >> We acquired the apartments about 90 days ago.
11:16:14 We don't manage them.
11:16:15 We subcontracted to a company, the seventh largest
11:16:23 affordable housing developer in the State of Florida.
11:16:25 >> You acquired them 90 days ago?
11:16:28 >> Yes, ma'am.
11:16:29 >> Okay, thank you.
11:16:30 >> We have been actively meeting to try to alleviate some of
11:16:33 the concerns. We met with law enforcement there yesterday.
11:16:35 >> I was there at 2 a.m.
11:16:44 >>CHARLIE MIRANDA: Any other council members?
11:16:45 Any further questions?
11:16:47 City want to wrap it up?
11:16:49 >>SAL TERRITO: Yes, sir.
11:16:53 We will have the second public meeting on August 16th at
11:16:56 9:30 in the morning in these chambers.
11:16:59 >>CHARLIE MIRANDA: All right.
11:17:01 There's no action needed by this council.
11:17:03 Am I correct, counselor?
11:17:06 >>SAL TERRITO: I apologize.
11:17:13 >>CHARLIE MIRANDA: Restate the motion, please.
11:17:15 >>SAL TERRITO: On August 16th, 2012 at 20th 10 a.m.
11:17:18 in these chambers we will have a second public hearing on
11:17:21 this issue.
11:17:22 >>CHARLIE MIRANDA: Again for the record no action needed by
11:17:24 this council at this time?
11:17:26 >>MARTIN SHELBY: A motion to close the public hearing.
11:17:28 >>CHARLIE MIRANDA: Anyone else want to speak?
11:17:29 I need a motion to close the public hearing.
11:17:31 >> So moved.
11:17:32 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, seconded
11:17:35 by Mr. Reddick.
11:17:36 All in favor?
11:17:36 The public hearing is closed.
11:17:38 No action is needed as directed by legal staff.
11:17:42 We go to item 68.
11:17:44 I know that I got 65, but I promised the police department,
11:17:49 if they are still here -- hello?
11:18:10 Yes, ma'am.
11:18:12 >> Good morning, council.
11:18:20 Tampa Police Department.
11:18:20 We are here today to discuss a resolution in reference to
11:18:24 the City of Tampa providing food for first responders during
11:18:28 the RNC.
11:18:33 In excess of $1 million.
11:18:35 >>CHARLIE MIRANDA: That's item 68.
11:18:36 >> Yes.
11:18:38 >>CHARLIE MIRANDA: Questions by council members?
11:18:40 >>FRANK REDDICK: I have one question.
11:18:46 For this amount of money, what will be the duration?
11:18:49 Is this one week, or two weeks prior to the convention?
11:18:53 Or three days?
11:18:55 >> No, sir, it will be approximately seven days.
11:18:57 >> And that will include breakfast, lunch, dinner, something
11:19:03 like that?
11:19:04 >> Yes, sir.
11:19:05 24 hours a day.
11:19:05 >>FRANK REDDICK: Move the resolution.
11:19:10 >> Second.
11:19:12 >>CHARLIE MIRANDA: Motion by Mr. Reddick on 68.
11:19:15 Second by Ms. Capin.
11:19:16 Further discussion?
11:19:18 All in favor?
11:19:21 Motion passes unanimously. We go back to 65.
11:19:24 I'm sorry to go out of order but I wanted the police
11:19:26 department back at work.
11:19:27 >>JEAN DUNCAN: Jean Duncan, transportation.
11:19:41 I would like to give you AP additional packet to the report
11:19:46 you already have.
11:19:46 It got some additional graphics that I think might be
11:19:49 helpful for you to take a look at.
11:20:03 The transportation division was requested to take a look at
11:20:06 the intersection of Busch Boulevard and 12th street to
11:20:11 look at additional pedestrian improvements in consideration
11:20:14 of the spring hills community center, which has been our
11:20:20 recent activity and expectation of using this facility.
11:20:27 The Busch Boulevard is a State Road, and so the
11:20:30 transportation division coordinated with our local district
11:20:33 7 D.O.T. office to look at some possibilities for making
11:20:37 improvements at this location.
11:20:39 The district 7 office D.O.T. has been extremely supportive
11:20:43 and helpful, and they have come up with a concept which
11:20:48 would allow for improvement to add additional attention to
11:20:55 that intersection.
11:21:01 In your report that I mentioned, at the back of the report
11:21:05 are some visuals.
11:21:07 Basically, the department is proposing to put a crosswalk at
11:21:11 this location.
11:21:14 They are also proposing some denial signage with a
11:21:18 pedestrian flasher.
11:21:19 The flasher would be activated when a pedestrian walks
11:21:22 across the street.
11:21:23 And we feel this is a safety feature in that it won't be
11:21:29 actuated all the time.
11:21:30 So sometimes if you have something flashing constantly the
11:21:33 driver, especially drivers in the area frequently get used
11:21:36 to that and they don't pay attention to it.
11:21:39 So the flasher would go on when a pedestrian walks across
11:21:41 the street.
11:21:43 As you can see from your visual, there will be a flasher
11:21:46 located in the median and also cantilevered over the street
11:21:54 to give more attention.
11:21:55 Because this is an unusual situation in that Busch Boulevard
11:21:59 is a six lane road, our local D.O.T. is having to get an
11:22:02 approval from the central office in Tallahassee.
11:22:06 So at this point in time, they are waiting for that
11:22:10 They have submitted a request.
11:22:12 We are hopeful they will get a positive back from
11:22:17 And once that comes down, D.O.T. will move forward with
11:22:21 seeking any additional right-of-way that might be necessary,
11:22:24 and it's a very tight right-of-way situation, and they would
11:22:29 proceed forward with whatever arrangements need to be made
11:22:33 for the placement of the cantilever structure and then go
11:22:34 forward with construction.
11:22:40 So we are hopeful to get a positive approval from central
11:22:42 office and we can proceed forward with this implementation
11:22:46 for this location.
11:22:50 >>CHARLIE MIRANDA: Thank you.
11:22:50 Any questions by council members?
11:22:54 Ms. Capin?
11:22:57 >>YVONNE CAPIN: The flasher is cantilevered over the road,
11:23:05 because if you noticed, the stop light, the go light, I
11:23:05 don't know how many feet from that crosswalk and when -- I
11:23:11 was just on the road Monday there, you know, I can just see
11:23:15 them whizzing on down.
11:23:18 >>JEAN DUNCAN: Yes, it will be coordinated with the nearest
11:23:22 traffic signal at the location.
11:23:25 At that location.
11:23:27 >>YVONNE CAPIN: That was my concern.
11:23:29 Thank you.
11:23:29 >>LISA MONTELIONE: I just really liked the last rendering
11:23:36 in this packet you gave us, because they are really nice,
11:23:41 pretty trees along the sidewalk that I don't believe exist
11:23:48 And part of what we have been doing with the division plan
11:23:57 for the university square and Terrace Park neighborhood is
11:24:00 asking residents, the effort by the Planning Commission,
11:24:07 that what they would like to see -- and I know that the
11:24:13 partners of the innovation aligns would be very pleased with
11:24:17 enhancements to the streetscapes.
11:24:19 So are those tree landscaping improvements part of this
11:24:23 sidewalk and pedestrian plan?
11:24:25 >> No.
11:24:26 I apologize.
11:24:27 This is just a representative visual to show how the traffic
11:24:32 features will be placed at the location.
11:24:34 I wasn't trying to give an exaggeration of what's out there
11:24:38 >> Well, maybe we can work on that between now and the time
11:24:44 that the construction process might begin, because I would
11:24:47 like to see some beautification of that part of the roadway.
11:24:57 That neighborhood really has an industrial, very commercial
11:25:00 feel, but it is very high density residential one block off
11:25:08 of Busch Boulevard.
11:25:11 So I would love to see some of this come to fruition.
11:25:16 Let me know how I can help when you get to that.
11:25:18 >> We would be glad to have that conversation.
11:25:20 >>LISA MONTELIONE: Thank you.
11:25:25 I think it's a wonderful improvement.
11:25:27 I can't tell you, traversing that section of road to and
11:25:30 from work every day for a number of years.
11:25:33 I have sadly seen several fatal and near fatal accidents at
11:25:39 that stretch of roadway.
11:25:41 So it's an enhancement that is long overdue.
11:25:45 Thank you.
11:25:47 >>CHARLIE MIRANDA: Thank you very much.
11:25:47 Appreciate it.
11:25:49 Item 66.
11:25:50 Mr. Bob McDonaugh.
11:25:52 >>BOB McDONAUGH: Economic development.
11:25:57 After council's direction, I met with the city Parks
11:26:02 I met with the friends of Kiley Park.
11:26:05 I met with the downtown partnership's public realm group and
11:26:10 collected information from all three.
11:26:12 The Parks Department is going to come out with a couple of
11:26:16 variations, some ideas, and I will take them back to the
11:26:19 various groups and have them look at it and see if I can't
11:26:23 get a consensus and approval and come back to City Council
11:26:25 with a plan.
11:26:28 >>CHARLIE MIRANDA: Any on the comments by council members?
11:26:30 Thank you very much.
11:26:31 I appreciate it.
11:26:32 Item number 67.
11:26:35 >>JULIA COLE: Legal department.
11:26:50 This was already continued.
11:26:51 My request was continued till September 27th.
11:26:55 >>MARTIN SHELBY: September 22nd.
11:26:57 I believe that was part of your approval.
11:27:00 >> All right.
11:27:02 We passed this addendum so that's already done and ordered.
11:27:06 Item 69.
11:27:07 >> Mike HERR, administrator, public works and utility
11:27:28 We have two items for your consideration this morning.
11:27:29 They are companion items.
11:27:31 Item 69 is the first item.
11:27:35 This is a resolution authorizing amendment number 26 to the
11:27:39 agreement between the City of Tampa and CH2M Hill
11:27:45 constructers incorporated in the amount of 6,069,745 for
11:27:52 design build services relating to the capital improvement
11:27:54 project, the duck pond outfall improvements and the donut
11:28:01 pond pump station, authorizing the mayor to execute the task
11:28:07 order on behalf of the City of Tampa.
11:28:11 I'm sure most of you are familiar with this project.
11:28:14 As the VENDEE of the north Tampa area and the remaining
11:28:19 component of this project that needs to be constructed
11:28:23 because the force main is already installed, and this
11:28:26 project will take probably about 15 months.
11:28:32 And we are looking forward to moving forward.
11:28:33 We ask for your consideration of this item this morning.
11:28:38 >>CHARLIE MIRANDA: Thank you very much.
11:28:38 >>LISA MONTELIONE: Are we discussing 68 or 69?
11:28:42 Oh, we passed 68.
11:28:43 I'm sorry.
11:28:44 I was out of the room.
11:28:48 I have a copy of the public works news lent letter that
11:28:53 shows the design of the pumping station.
11:28:56 Excellent job.
11:28:59 For a utilitarian building, it looks just like a house.
11:29:03 It will be a nice asset to that community.
11:29:07 >>CHARLIE MIRANDA: Thank you very much.
11:29:08 >>BOB McDONAUGH: Item 70, we are asking the board to
11:29:13 approve this resolution making the appropriate changes in
11:29:16 the budget for the City of Tampa for fiscal year ending
11:29:19 September 30, 2012, asking approval to transfer, reallocate
11:29:23 and appropriate 1,567,168 in the storm grant fund, 2:849,478
11:29:37 in the utility tax fund and 213,099 in the debt service
11:29:42 funds to be able to construct the pumping station.
11:29:45 >>CHARLIE MIRANDA: Let me just have somebody move that
11:29:47 resolution 69.
11:29:48 >>MIKE SUAREZ: I would like to move number 69.
11:29:52 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern on of the.
11:29:55 All in favor?
11:29:56 The ayes have it.
11:30:02 Item 70.
11:30:03 >> I moved item 69.
11:30:09 My apologies.
11:30:10 Item 70 is a resolution making certain changes in the budget
11:30:14 in the City of Tampa for fiscal year ending September 30,
11:30:17 2012, approving the transfer reallocation and appropriation
11:30:22 of 1,567,168, and stormwater grant fund 2,849,478 in the
11:30:33 utility tax fund and 2,133,099 in the debt service funds to
11:30:39 be able to pay for the donut pond pumping station project.
11:30:43 >>CHARLIE MIRANDA: I need a motion.
11:30:47 >> Move the resolution.
11:30:51 >>CHARLIE MIRANDA: Motion by Mr. Suarez, seconded by Mrs.
11:30:53 All in favor?
11:30:54 The ayes have it unanimously.
11:30:56 Thank you very much.
11:31:02 >>CHARLIE MIRANDA: Okay.
11:31:04 10:00, quasi-judicial.
11:31:06 That's 71.
11:31:13 I need to open that hearing.
11:31:15 >>MIKE SUAREZ: Move to open.
11:31:17 >>MARY MULHERN: Second.
11:31:19 >>CHARLIE MIRANDA: All in favor?
11:31:20 The ayes have it unanimously.
11:31:23 >>GLORIA MOREDA: Land development.
11:31:25 The agent is here.
11:31:26 This is a continued public hearing for the McDonald's at
11:31:29 the 501 east Martin Luther King Boulevard.
11:31:35 The agent has informed me that they are going to withdraw
11:31:38 the waiver related to the signage on the property.
11:31:44 I have got the list of additional changes to the site plan
11:31:48 that Ms. Feeley handed out to council at the July 26th
11:31:53 So these changes will still need to be made between second
11:32:00 The agent is here to clarify any position related to the
11:32:05 >>CHARLIE MIRANDA: Will that person come up?
11:32:07 Mr. Suarez?
11:32:12 This is a quasi-
11:32:13 You have to be sworn in.
11:32:14 (Oath administered by Clerk)
11:32:18 >> Here for McDonald.
11:32:30 This is a follow-up to our meeting last week of which
11:32:34 McDonald's is planning to renovate the location at 501
11:32:39 east Martin Luther King.
11:32:43 One of the things that came up is that we did have a waiver
11:32:47 on the signage, and we have agreed to withdraw that waiver.
11:32:52 So that would leave us really with the waivers that allow
11:32:57 the -- they were very minor.
11:33:01 They were basically to change a drive aisle width instead of
11:33:06 22 feet to 15.7 feet.
11:33:14 This is the location.
11:33:15 They are refurbishing the building as a double
11:33:19 The waivers that remain reflect existing conditions with the
11:33:23 exception of one, and that would be if we use the community
11:33:30 center, one of the waivers would be for the setback on that
11:33:35 And we agreed to the note that the landscaping in that area,
11:33:39 would remain until a building permit was pulled, and that
11:33:42 was absolutely going to happen.
11:33:44 And I'm happy to go through any other detail you may like,
11:33:47 or just wanted to confirm we are withdrawing the signage.
11:33:53 >>CHARLIE MIRANDA: Any questions by council members?
11:33:56 >>FRANK REDDICK: When we last met, you mention add revision
11:34:06 Have you reached out to, as indicate towed last time, to the
11:34:10 Housing Authority, or the residential in Robles Park?
11:34:16 >>> No, sir.
11:34:16 I did note the recommendations of doing that, and that will
11:34:18 be passed on to the people that are doing the research for
11:34:21 the community center, which they are undertaking quite a bit
11:34:29 of the study.
11:34:30 So that has not happened since last Thursday.
11:34:33 But it has been noted to leadership so they know that that
11:34:36 is of special importance for that to be done.
11:34:38 >> Okay.
11:34:40 Thank you.
11:34:40 >>LISA MONTELIONE: I wasn't here for the hearings.
11:34:46 I apologize.
11:34:47 Dy watch the proceedings on video.
11:34:49 >> It's a different blue dress.
11:34:54 >> I'm sorry?
11:34:56 >> It a different blue dress.
11:34:57 >> It's the same necklace.
11:35:04 That's funny.
11:35:08 Just go over the sign issue one more time for me, because I
11:35:12 know my colleague Mr. Cohen had some questions about the
11:35:15 sign, and there was quite a bit of discussion about that
11:35:18 sign, and I think later on we will be discussing another
11:35:23 So it says to allow for the retention of the existing free
11:35:29 standing sign with a height of 35 feet, which is an increase
11:35:33 of 15 feet over sign code requirement of 20-foot maximum
11:35:39 And the existing area of -- upside down -- of 100 per square
11:35:46 foot sign pace, an increase of 50 square feet of copy area
11:35:49 per sign code requirement.
11:35:51 So you are looking to go 15 feet over and 50 square feet
11:35:58 larger than what is currently written in the code.
11:36:00 >> The sign -- this is the sign.
11:36:07 We had asked that it be made part of the PD and we have
11:36:11 withdrawn that request.
11:36:19 It is not the one.
11:36:25 There's another one.
11:36:33 That is the one condition that will be stricken from the
11:36:35 site plan.
11:36:38 They are withdrawing their request for the waiver related to
11:36:40 the signage.
11:36:41 >>LISA MONTELIONE: (off microphone) so this strikes item
11:36:47 number 2?
11:36:49 >> Correct.
11:36:51 The item in its entirety we are withdrawing.
11:36:53 >>LISA MONTELIONE: (off microphone).
11:36:57 >> That's correct.
11:36:57 >>LISA MONTELIONE: I'm sorry.
11:37:02 So 1, 3 and 4 are the waivers that will still be requested.
11:37:08 All right.
11:37:09 Thank you very much.
11:37:09 That clears it up to mer.
11:37:12 >>YVONNE CAPIN: I was questioning item number 2 because I
11:37:14 know that not only Mr. Cohen but myself, because we had this
11:37:19 discussion about the signs.
11:37:21 So the request for the PD has been to include it in the PD
11:37:28 has been removed.
11:37:29 It goes back to what we have as far as -- if the sign were
11:37:40 to come down, it have oh to come back.
11:37:44 It would have to be rebuilt under the specifications that we
11:37:47 have in place now.
11:37:50 >>GLORIA MOREDA: Land development.
11:37:50 The existing sign will remain, be considered a nonconforming
11:37:56 sign and treated as such is.
11:37:57 So any changes, they can maintain it, but any major changes
11:38:02 would require it to be compliant with current code.
11:38:07 >>YVONNE CAPIN: Thank you.
11:38:08 That's -- thank you.
11:38:09 >>CHARLIE MIRANDA: Any other questions by council members?
11:38:12 Thank you very much.
11:38:13 Anyone in the audience care to speak on this hearing?
11:38:20 Item 71.
11:38:21 I have a motion to close by Mr. Suarez, second dollars by
11:38:25 Mrs. Capin.
11:38:26 Further discussion by council members?
11:38:27 All in favor?
11:38:28 The ayes have it unanimously.
11:38:30 Mr. Suarez, would you kindly take this ordinance?
11:38:33 >>MIKE SUAREZ: I move an ordinance for first reading
11:38:36 consideration, ordinance rezoning property in the general
11:38:38 vicinity of 501 east Martin Luther King Jr. Boulevard and
11:38:42 391 is and 39134 north Central Avenue in the city of Tampa,
11:38:46 Florida and more particularly described in section 1 from
11:38:49 zoning district classifications CG commercial general and CN
11:38:53 commercial neighborhood to PD planned development,
11:38:56 restaurant with drive-in window and community center,
11:38:59 recreation facility, private, providing an effective date.
11:39:02 And including the revision sheet as included by land use
11:39:07 department minus number 2 concerning the sign.
11:39:14 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, a second
11:39:15 by Ms. Montelione.
11:39:17 Discussion by council members?
11:39:19 All in favor of the motion?
11:39:22 Motion passes unanimously.
11:39:23 Thank you very much for attending.
11:39:25 >>THE CLERK: The second reading of the ordinance will be
11:39:28 held August 16th at 9:30 a.m.
11:39:30 >> Need to open 72 and 73.
11:39:33 >> So moved.
11:39:36 >> I have a motion to open 72 and 73, seconded by Mrs.
11:39:41 The ayes have it unanimously.
11:39:44 I think you were sworn in.
11:39:45 >> I didn't realize it was a separate hearing when I got up.
11:39:50 >> I saw you.
11:39:52 >> Eric Cotton, Land Development Coordination, a continued
11:39:58 public hearing from two weeks ago regarding a request for
11:40:01 nonconforming sign.
11:40:02 To summarize very quickly on Fowler and 15th street, the
11:40:06 request is to increase the height of the sign from 20 feet
11:40:10 to 23 feet, increase the square footage from 50 square feet
11:40:14 to 170 square feet and reduce the front yard setback from 15
11:40:21 feet to 5 feet.
11:40:22 Two weeks ago it was continued after the question arose
11:40:25 whether or not the question would be placed on the sign
11:40:27 itself, depending on a vote of council.
11:40:32 Julia is here to answer any questions regarding the question
11:40:35 comes up whether or not you could put a condition on the
11:40:37 sign itself, that once you made it conforming to be
11:40:41 destroyed, it would have to meet today's current sign code.
11:40:47 Julia can answer any questions as to that.
11:40:51 >>JULIA COLE: Legal department.
11:40:53 This is an issue that has come up several times as it
11:40:56 relates to signs which are nonconforming which are
11:40:59 requesting variances so that they can become conforming
11:41:02 When you look at any kind of variance, you are looking at
11:41:05 whether or not there's a hardship that exists that runs with
11:41:08 the land.
11:41:09 Variances run with the land.
11:41:11 It changes the nature of the requirements for that land.
11:41:16 And I have opined on this issue before.
11:41:18 You can't place a condition on a variance which has like a
11:41:21 time frame associated with it, or if the sign comes down,
11:41:25 and then you have to come into compliance with new codes.
11:41:28 That is against the entire nature of what a variance is
11:41:31 intended to do which is to recognize certain hardships as it
11:41:35 relates to a parcel of property.
11:41:37 In addition you are talking about the sign code and making a
11:41:40 sign conforming the way our code is set up, you are either a
11:41:43 nonconforming sign, a sign that doesn't meet our current
11:41:48 code standards, or you are conform sign.
11:41:51 You become conform with your variance.
11:41:53 You put a condition on that which has a time frame
11:41:56 associated with it or if you are going to come down, you are
11:41:58 really not creating a conforming sign.
11:42:01 It just a nonconforming sign with a variance so I don't
11:42:03 think it would meet either one of those conditions.
11:42:06 And as I have stated in other situations like this, I don't
11:42:09 believe that's a legally enforceable condition to place on a
11:42:11 variance for a sign.
11:42:13 >>CHARLIE MIRANDA: Mr. Shelby?
11:42:14 >>MARTIN SHELBY: Thank you, Mr. Chairman.
11:42:17 So, therefore, council, under your code as it's presently
11:42:23 written, the only way that somebody can put in an electronic
11:42:28 sign is one of two ways.
11:42:30 Number one is to come into conformance with all the current
11:42:33 standards of your sign code, or, two, pursuant to your code
11:42:36 section 17.5-74, demonstrate practical difficulties or
11:42:42 unnecessary hardships and meet certain criteria and
11:42:48 therefore be grant add variance.
11:42:50 And again I will put this into the record and I will pass
11:42:52 out for you those hardship criteria.
11:42:56 >>CHARLIE MIRANDA: Thank you very much.
11:42:58 Mr. Press man.
11:42:59 >> Todd Pressman: I appreciate your attention on this
11:43:06 Just a real quick orientation.
11:43:19 The site is Fowler Avenue here.
11:43:21 This is a site plan of the site.
11:43:23 The large structure.
11:43:24 A site that's been under duress.
11:43:28 It's been dilapidated.
11:43:30 There's a lot of funds put into it to bring it up to a very
11:43:34 nice level today.
11:43:34 And this application is for one of the new tenants.
11:43:38 And this is Fowler Avenue here.
11:43:41 Sign locations located here.
11:43:43 You can see this large area.
11:43:45 It used to be a student teacher facility of some form.
11:43:48 What's proposed, what's proposed is this is an existing
11:43:56 All that's being sought today, the existing face that you
11:44:08 see here is proposed to be replaced with a digital sign.
11:44:11 So as we understand the issue -- and I'll talk about what
11:44:17 your fine legal folks have told you -- what's requested here
11:44:20 is not one square inch difference than what has been there
11:44:24 and what is there now.
11:44:24 The footprint remains exactly the same.
11:44:27 What I do want to make you aware of on the variance, I do
11:44:31 believe we meet the variance criteria.
11:44:36 If you look at the aerial, you will see that the site
11:44:43 located here, although this is a very far away aerial, these
11:44:49 buildings are quite a distance from Fowler compared to all
11:44:51 the way up Fowler and all the way down Fowler.
11:44:54 In looking at the site plan, it becomes a little more
11:44:57 evident that that distance is about 220 feet.
11:45:02 So this one particular property is stuck in a very, very
11:45:06 deep pocket where they have very limited use of the typical
11:45:13 wall signs that everyone else has.
11:45:15 It has very great difficulty compared to everyone else on
11:45:19 Fowler as I show you on the aerial to have decent visibility
11:45:26 on Fowler as everyone else.
11:45:28 Being a big user of this nature there's a lot of people who
11:45:32 would be coming to the site on a repeated basis -- not a
11:45:37 repeated basis but will draw a large number of people and
11:45:39 it's not just a small business.
11:45:41 It's going to be generating a lot of people, and it's going
11:45:43 to multiply the need for visibility on that sign.
11:45:47 So we do feel that there clearly, as I showed you, there's a
11:45:53 unique condition here which does strike at visibility of the
11:45:57 What proposed in signage today is aligned with what everyone
11:46:02 else has out there.
11:46:04 In a different vein -- and I talked to Mr. Shelby and I
11:46:07 talked to Kathy in, just about a month and a half you are
11:46:12 going to have an orphaned changes come to you that will
11:46:16 basically allow this.
11:46:17 So what I propose to you, I feel we meet the variance
11:46:20 criteria, but at the same time you have approved a couple of
11:46:22 these for me, you have approved -- not for me but you
11:46:25 approved a couple of these similar issues about a face
11:46:28 change on a sign.
11:46:30 I know there's been another approval so it's not out of the
11:46:35 ordinary that you approve these but the fact is the staff
11:46:38 recognizes it's an issue.
11:46:39 They are bringing it forward.
11:46:41 I this I the council members generally understand there's an
11:46:46 issue for pis and that's going to be changing soon so I
11:46:49 would characterize that for these gentlemen, and this is
11:46:52 their third business, trying to expand, trying to add more
11:46:55 locations and signage that's important to them, that this is
11:46:58 something that's going to be allowed by the city anyways.
11:47:01 The bottom line is they could go there today and they could
11:47:03 replace part of the sign and do plastic letters, but they
11:47:07 can't do digital because the code has not caught up to it.
11:47:10 And the code will be catching up to it soon.
11:47:11 So, Mr. Chairman, on the basis that we do believe that there
11:47:14 is a very solid support for the variance, and by the basis
11:47:18 of the changing structure, the code for the city, that this
11:47:21 is an issue that you can well support.
11:47:25 Thank you for your time.
11:47:27 >>CHARLIE MIRANDA: Mr. Shelby.
11:47:27 >>MARTIN SHELBY: Just to clarify what Mr. Pressman said, I
11:47:31 did have an opportunity to speak to Ms. Coyle about changes
11:47:35 being proposed in the next cycle.
11:47:38 Just a reminder that they are in the process of drafting and
11:47:43 contemplating bringing something forward to council, but it
11:47:49 is ultimately council's decision, it is council's code, and
11:47:52 it is a policy decision that council will make once that
11:47:56 proposal is presented, whether council chooses to adopt it.
11:47:59 So to not characterize it as anything that will be brought
11:48:02 to council's consideration at the next cycle.
11:48:04 >>LISA MONTELIONE: I think this is actually for Ms. Cole
11:48:11 because I do want to ask that question about the text
11:48:18 The text amendment that will be come forward for council's
11:48:21 consideration says what?
11:48:25 >>JULIA COLE: Legal department.
11:48:27 I'm not completely sure what land development is bringing
11:48:32 forward in the July cycle, so it hasn't completely been
11:48:36 I will say that there was a previous discussion on this
11:48:39 exact issue, which is our code does not allow you to put an
11:48:44 electronic message sign on a nonconforming sign.
11:48:48 And so I would think that one of the things that council
11:48:51 could consider is the opportunity to put an electronic sign
11:48:56 on a nonconforming sign, thereby not having so many
11:49:00 variances come forward to create conforming signs, to have
11:49:03 the benefit of electronic signs.
11:49:05 So that's what I would understand a potential code amendment
11:49:08 would say.
11:49:10 And I want to be clear there's not in front of you right
11:49:12 >> I just wanted to familiarize myself, and before you
11:49:19 speak, Mr. Pressman, I do want to say that this is also an
11:49:23 area that is included in that vision plan for the parking,
11:49:29 university square, Copeland park neighborhood, and I read
11:49:32 through the transcript of the last council hearing, I
11:49:36 watched the video, I also watched the video of the VRB
11:49:39 hearing, and one of the things that I want to state is that
11:49:45 although there aren't a lot of people here from the
11:49:49 neighborhood, there have been a lot of people attending
11:49:52 those community meetings for the vision plan with the
11:49:56 Planning Commission.
11:49:57 And there have been surveys that are online, and passed out
11:50:05 on copy paper and a lot of what the discussion is is the
11:50:09 look of Busch and Fowler Avenue, and some of the photographs
11:50:13 you presented during both the VRB and the council session
11:50:18 hearings were obvious that the visual clutter of all of
11:50:22 those signs along that road is a problem.
11:50:27 And the visibility that you talk about being 220 feet off
11:50:31 the roadway, part of having your client's business be
11:50:39 visible is that there is so much clutter.
11:50:43 And our sign codes are now looking at a more -- what I want
11:50:53 to say, the scale of the signs are brought down to a more
11:50:59 pleasing level as far as beautification or an effort to
11:51:06 enhance the public's interaction with the roadway rather
11:51:10 than create even more and more clutter.
11:51:14 So in the transcript when you say there's not a lot of
11:51:19 people here in opposition to this being done, no, they are
11:51:22 not, it's a working class neighborhood and people don't
11:51:25 generally take off from work and come and talk to speak to
11:51:28 council about a sign issue.
11:51:29 So I just want to make that known.
11:51:33 They are speaking about that issue.
11:51:34 It's just not in this venue.
11:51:39 It's in a more vision process.
11:51:45 And that's my feeling about this.
11:51:48 I understand that you are 220 feet off the roadway.
11:51:53 The sign is very large.
11:51:56 And when you come down Fowler Avenue it's very visible.
11:52:00 And I hesitate to add clutter to an already cluttered
11:52:06 roadway by having a digital sign.
11:52:09 If this council does contemplate adding the ability for
11:52:13 digital signs to be placed on property, it would be at the
11:52:19 current code when that sign is constructed so it would be a
11:52:22 smaller scale, it wouldn't be a huge sign that exists there
11:52:29 >>CHARLIE MIRANDA: Any other council members?
11:52:30 >> Councilwoman Montelione, I take your comments in great
11:52:40 What I suggest to you, I guess a little bit beauty is in the
11:52:44 eye of the beholder.
11:52:45 And I would just would suggest to you that having a very
11:52:48 large sign of this nature which was in very poor condition,
11:52:53 just starting to redo the site it was a derelict property.
11:52:58 >> It was the site of the DeBartolo school.
11:53:05 That sign, even the one you put on, has the DeBartolo school
11:53:08 on it and there's that shopping center right in front of
11:53:11 I wouldn't characterize it as necessarily derelict.
11:53:14 >> Well, that may be extreme but it certainly was not in
11:53:17 good condition.
11:53:18 It was not in good condition.
11:53:19 But the fact is private investors are coming in and
11:53:22 improving it.
11:53:23 They are making tenants make it a viable property.
11:53:26 And a trade-off in terms of the variance, because its
11:53:30 locational and conditions along Fowler does make a big
11:53:36 And I think there is a difference if you look at the sign
11:53:38 that is there now versus what you see general on Fowler,
11:53:50 it's more responsible, it's very square, it's not different
11:53:55 colors, and as this council and city has allowed, a digital
11:53:58 sign can only change once every five minutes.
11:54:00 So in terms of -- I think your points are well made.
11:54:04 There does need to be improvement.
11:54:06 The people that bought this property have made big
11:54:10 improvement there and I hope that you will recognize that
11:54:12 there is again a -- there's no question it is independent,
11:54:16 it is singular and it does affect visibility of the site.
11:54:19 But this site, the improvements they are making will be a
11:54:23 great asset to the roadway.
11:54:26 >>CHARLIE MIRANDA: Thank you very much.
11:54:30 Council's pleasure on this item number 72.
11:54:33 Anyone in the audience care to speak on this item 72?
11:54:36 I see no one.
11:54:37 Need a motion to -- this is a continued public hearing.
11:54:42 Need a motion to close.
11:54:44 I have a motion by Mrs. Montelione, seconded by ... Ms.
11:54:50 All in favor of the motion indicate by saying aye.
11:54:53 Opposed nay.
11:54:54 Eyes have it unanimously.
11:54:55 Council's pleasure?
11:54:57 >>LISA MONTELIONE: I move to -- and I'm not sure if I am
11:55:00 saying this correctly but I move to uphold the decision of
11:55:02 the Variance Review Board, move for denial.
11:55:05 >> I have a motion by Mrs. Montelione, I have a second by
11:55:09 Mrs. Mulhern.
11:55:10 Mr. Shelby.
11:55:11 >>MARTIN SHELBY: If you would, the basis would be the
11:55:15 17.5-74, and the findings regarding the hardship criteria?
11:55:24 You don't have to be specific.
11:55:26 >> Yes.
11:55:29 I don't see that hardship is there for which would necessity
11:55:34 a digital sign.
11:55:39 And I'm sorry, I am not provided with the copy of the code
11:55:47 section --
11:55:50 >> 17.5-74.
11:55:54 >>LISA MONTELIONE: Application of variance?
11:56:02 >> Correct.
11:56:02 >> I have a second by Ms. Mulhern.
11:56:09 All in favor of that motion please signify by saying aye.
11:56:12 Opposed nay.
11:56:13 Motion passes 5-1.
11:56:24 Item number 73.
11:56:25 >>CATHERINE COYLE: Planning development.
11:56:33 The last remaining case from the restaurant reporting for
11:56:36 the annual reports, mama's kitchen, North Florida Avenue.
11:56:43 At the last hearing that we had, the owner was here at the
11:56:51 time, and then was leaving to go on a plane to Greece, and
11:56:55 they left a handwritten note which I turned in to council so
11:57:00 we gave a continuance.
11:57:01 It's my understanding at the last hearing we came back with
11:57:03 the other three cases that he's still out of the country.
11:57:07 It's my understanding he still is, but until August
11:57:10 I understand one of the staff members in our office spoke
11:57:13 with the manager.
11:57:14 I'm not sure if he's present.
11:57:16 >>CHARLIE MIRANDA: Is anyone here regarding item number 73
11:57:18 with mama's kitchen?
11:57:22 >>CATHERINE COYLE: It was my understanding from the staff
11:57:26 member that the manager made her aware that he was to be
11:57:31 That aside, given that August 17th is the date that we
11:57:38 understand he will be back in the country.
11:57:41 So you have options at this point.
11:57:43 I guess you could continue it again until a later date.
11:57:58 For council it will be the 16th.
11:58:02 The 24th or something like that.
11:58:04 We don't meet the 24th.
11:58:07 We don't meet until September.
11:58:09 September 6th.
11:58:10 And I suggest that that be the last extension.
11:58:13 He can go out of the country.
11:58:14 He can go to the moon if he wants.
11:58:15 But --
11:58:16 >> It's my understanding per the letter that was handwritten
11:58:20 as well as the conversation that was related to me is that
11:58:25 the claim is that he didn't receive the original notice, and
11:58:28 was not aware that he had to do any filing, although he's
11:58:33 the only one that I'm aware of that has made the claim.
11:58:38 This location as reported in the past regularly, so I
11:58:42 don't --
11:58:43 >> What's the pleasure of the council?
11:58:46 We can go to September 6th.
11:58:48 >> Move to continue to September 6th.
11:58:50 >> Motion by Mr. Reddick.
11:58:51 Second by Mrs. Capin on a close vote with Mrs. Montelione to
11:58:55 continue to September 6th.
11:58:57 All in favor?
11:59:01 Time is at 10:00 in the morning.
11:59:06 Information reports.
11:59:08 We go from left to right this time.
11:59:10 >>LISA MONTELIONE: Thank you, Mr. Chair.
11:59:15 I have a couple of items.
11:59:19 I would request ten minutes on the August 16th, 2012
11:59:22 City Council agenda to present recommendations compiled by
11:59:26 the members of the advisory committee for the community
11:59:31 development block grant needs and recommendations for Mr.
11:59:35 Smelling Snelling to appear according to his memo to City
11:59:38 Council dated July 18th.
11:59:39 >> I have a motion by Mrs. Montelione, seconded by Mr.
11:59:45 All in favor of that motion?
11:59:47 The ayes have it unanimously.
11:59:49 Yes, ma'am.
11:59:49 >> And I have another motion.
11:59:52 I request council's permission to use the city logo on
11:59:58 mailings in relation to the north Tampa vision plan and
12:00:03 being undertaken by the Planning Commission.
12:00:05 >> I'm wondering if there's a process that needs to be
12:00:24 Is there a deadline for this?
12:00:26 >> We are going to do the mailing next week.
12:00:27 This came up while I was out of up to that the Planning
12:00:29 Commission could not do the mailing themselves which is why
12:00:32 I was interested in the discussion of the budget because I'm
12:00:35 using my office budget to pay for the mailing.
12:00:46 >> There is a code proceed for how this process is followed
12:00:49 and I just don't want to be --
12:00:51 >> Prohibited from using your City Council --
12:00:54 >> It's a postcard.
12:00:55 >> They don't have the money to do it so I am using money
12:01:10 out of my budget for the neighborhood association.
12:01:12 >>MARTIN SHELBY: Ms. Foxx-Knowles?
12:01:15 We were discussing this privately.
12:01:17 I just wonder if it's something that the City Council --
12:01:21 sending it out from your office?
12:01:23 >> Yes.
12:01:27 >>CHARLIE MIRANDA: Sending it from her office, paying for
12:01:28 the stamps.
12:01:29 >>MARTIN SHELBY: So I am not doing anything improper.
12:01:40 >> We have a motion from Mrs. Montelione.
12:01:45 Give me some help here.
12:01:46 >> What we are looking at, it can be done.
12:01:52 I second that.
12:01:53 >> Motion by Mrs. Montelione.
12:01:55 Second by Mrs. Capin.
12:01:57 All in favor?
12:01:57 The ayes have it unanimously.
12:01:58 >> Just one more thing.
12:02:03 We were discussing the Heights.
12:02:04 And I was hoping to say this before she left but she left
12:02:09 rather quickly.
12:02:10 She must have had another appointment.
12:02:11 But her sons, the article she mentioned was in the Tampa Bay
12:02:17 times Wednesday, July 25th, and I just want to recognize
12:02:21 that he really embodies this person that we talk about all
12:02:25 the time and the mayor talked about all the time of who we
12:02:29 want in our community, who we want to lure back to our
12:02:33 abundant they left, but Garrett Johnson became a champion
12:02:45 shot putter for Florida State University, a congressional
12:02:51 So I hope he comes back to live in Tampa Heights.
12:02:54 Very soon.
12:02:55 And we would love to welcome him back and congratulate him
12:02:57 on his accomplishments.
12:03:00 >>CHARLIE MIRANDA: Thank you very much.
12:03:00 Anything else?
12:03:01 >>MARY MULHERN: I have a couple of things.
12:03:06 I would like to ask that we get a staff report at our next
12:03:13 council meeting, regular council meeting, which is --
12:03:23 >>THE CLERK: August 16th.
12:03:24 >>MARY MULHERN: August 16th responding to -- and I am
12:03:29 going to submit these e-mails to the clerk, because they are
12:03:32 very detailed.
12:03:33 But responding to the questions brought today by Ms. Polyea
12:03:43 regarding landscaping on Bayshore and I would like the
12:03:45 specifics of her e-mail which I am submitting to be
12:03:49 And it's too long to add in here.
12:03:51 But I'll add a few things.
12:03:54 The fact that they are not native trees have been planted,
12:03:58 that the trees are not saltwater resistant, that we need
12:04:05 answers to the safety as far as view for pedestrians on the
12:04:10 Bayshore side, the waterside, and on the view of the drivers
12:04:19 on Bayshore going both ways.
12:04:21 Who is paying for the maintenance, who has paid for the
12:04:25 installation, where that money is coming from.
12:04:29 And specifically I would like to hear if indeed it's true
12:04:33 that our entire tree fund would be used.
12:04:39 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern.
12:04:42 I have a second by Ms. Montelione.
12:04:43 Further discussion by council members?
12:04:45 All in favor?
12:04:47 The ayes have it unanimously.
12:04:48 >>MARY MULHERN: And then I have been reading about in the
12:04:52 paper and kind of hearing through the grapevine about the
12:05:02 burns site, hotel and restaurant, the PD, I think before
12:05:11 anyone's here time, but on Howard Avenue, and happily they
12:05:16 are planning to go forward with a hotel development.
12:05:20 However, I have been hearing that the PD is being
12:05:26 administratively approved but there are some major changes
12:05:29 including the fact that a hotel which was going to have 75
12:05:32 rooms is now going to have 145 rooms, and the buffer that
12:05:46 was to be provided by town homes is no longer going to be
12:05:49 there, and I'm not sure of all the changes, so I would like
12:05:54 to ask for a staff report from Land Development Coordination
12:06:04 whether these are significant enough that this should be a
12:06:08 new PD.
12:06:09 >> Motion by Mrs. Mulhern, seconded by Mr. Reddick.
12:06:19 All in favor?
12:06:20 The ayes have it unanimously.
12:06:22 Anything else, Ms. Mulhern?
12:06:23 Thank you very much.
12:06:24 Mr. Reddick.
12:06:25 >>FRANK REDDICK: Thank you, Mr. Chair.
12:06:32 Many of us read or heard about the shooting that took place
12:06:39 at the apartments by TPD recently.
12:06:42 I had an opportunity to meet with the ownership of that
12:06:45 property to discuss conditions, and some of the concerns
12:06:48 that residents have expressed.
12:06:52 After meeting with the ownership, we reached an agreement on
12:06:58 self improvements and several conditions taking place, but
12:07:06 one of the conditions and one of the agreements that we met
12:07:09 and agreed upon is that we found out that the City of Tampa
12:07:13 has no recreational activity, any kind of partnership or
12:07:20 anything in that community for those residents.
12:07:23 And find out whether that's true.
12:07:29 The ownership agreed to build a park in that facility,
12:07:36 within the complex, and one of the conditions that they
12:07:42 wanted me to ask the city to see if they had property within
12:07:49 one or two or three blocks of that complex that they can
12:07:53 purchase at no cost and build a complete park for their
12:07:59 city, for their neighborhood, financially by the ownership
12:08:03 at no cost to the city at all.
12:08:07 Therefore, I'm asking the city real estate department, Bob
12:08:14 McDonaugh and his office to report back and provide a
12:08:17 written report on September 6th, a staff report at
12:08:23 10 a.m., of any available property in their community, that
12:08:26 the ownership can look at purchasing to build a park for
12:08:31 those who live in that complex and throughout the community.
12:08:35 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, I missed
12:08:38 the second.
12:08:39 Mrs. Montelione.
12:08:40 All in favor?
12:08:42 The ayes have it unanimously.
12:08:43 Anything else?
12:08:44 Thank you very much.
12:08:48 >>YVONNE CAPIN: Councilman Reddick, I understand what you
12:08:50 are saying there.
12:08:52 And this is going to be in reference to the August 16th
12:08:57 where Mr. Redner came before us to ask us not to waste our
12:09:04 time, but I beg to differ on this.
12:09:08 And maybe it's just different -- I did as I said last week
12:09:13 or recommended two weeks ago, I did ride with Tampa police
12:09:18 from 11:30 p.m. to after 4:00 a.m., and we stayed in the
12:09:25 historic West Tampa district.
12:09:27 What I would like to say is, yes, there are -- and that's
12:09:32 why I asked about the ownership of the Columbus court
12:09:35 apartments along the river there.
12:09:38 I was there on a call with the Tampa police, but the whole
12:09:42 area, and what I would like to maybe present is that to
12:09:46 continue a presentation at another time, if not on the
12:09:50 16th, there are other issues in this area that need to
12:09:57 be addressed and particularly on Main Street and in that old
12:10:00 West Tampa.
12:10:04 So that the community in West Tampa and the participants
12:10:07 that were here before us know and understand that the issues
12:10:13 that were brought up about development well-being and the
12:10:16 overall future of West Tampa will be discussed and will
12:10:20 continue to be addressed.
12:10:32 There are many issues there besides what we were going to
12:10:34 discuss on the 16th.
12:10:36 I witnessed them.
12:10:37 And I think they need to be -- I think they need to be
12:10:42 brought up if old West Tampa -- and I want to let the
12:10:46 community know that we are not just going to let it go.
12:10:50 I was there at 1:45 a.m.
12:10:53 There were over a thousand cars parked along that area.
12:11:02 There was a truck with a gigantic speaker.
12:11:05 The owners of establishments put speakers out on the
12:11:10 Anyone that was trying to sleep anywhere near that vicinity
12:11:15 was not happening.
12:11:16 At 1:30 we got a call to come back.
12:11:18 There was a bottleneck on Main Street, and to clear the
12:11:21 road, and so the officer I was riding with was on Howard and
12:11:26 union, and she was directing traffic, that I would walk to
12:11:29 Main Street.
12:11:30 I got out of the car and walked to Main Street.
12:11:32 I was about half a block there, one block away, halfway down
12:11:36 the block, people came running toward me.
12:11:39 There must have been anywhere from 3 to 5,000 people along
12:11:43 the street there.
12:11:46 They came running toward me.
12:11:48 I thought something -- obviously they are running a way from
12:11:52 And then I heard at least eight pop, pop, pop, pop, pop, and
12:11:59 I thought firecrackers.
12:12:02 And then I turned around, walked away, walked back down the
12:12:05 block around the corner, and the police officer was calling
12:12:08 me back to get in the car.
12:12:10 Those were gunshots.
12:12:11 It is not in the report because I asked for the report of
12:12:13 the gunshots.
12:12:15 It is not in the report because the police had already been
12:12:18 called out to direct traffic.
12:12:20 Therefore, they are already there, there's no other call.
12:12:25 I was told this is not an isolated incident.
12:12:31 I was also there the Saturday before at 2:00 in the morning
12:12:36 on my way home from the beach.
12:12:38 I witnessed an accident, and it took a little bit longer,
12:12:41 but I told my husband, let's drive by there.
12:12:44 And it was relatively calm on that Saturday.
12:12:46 At 2:00.
12:12:49 On Friday, there was a lot of commotion.
12:12:58 So I really felt for the neighborhood and their peace and
12:13:06 quiet, to live in peace and quiet.
12:13:08 I would like for us to continue to look at the gem that is
12:13:16 Main Street and old West Tampa, and maybe address some of
12:13:19 these issues with either parking, something that can help
12:13:24 these people.
12:13:25 >> Do you want to schedule a workshop on that?
12:13:33 >>YVONNE CAPIN: Yes.
12:13:33 That would be a workshop would be helpful, yes.
12:13:42 September 13th.
12:13:44 Is that a workshop?
12:13:47 >> CRA.
12:13:48 >> The 20th is a workshop session.
12:13:50 It looks pretty crowded.
12:13:52 Can we go to the 25th of October?
12:13:56 It's a long way off.
12:13:58 >>YVONNE CAPIN: It is a long way off.
12:13:59 But you know what?
12:14:00 The issues that are there have been going on for years.
12:14:03 I just want to community to know that we are looking at it
12:14:06 and we are paying attention.
12:14:07 So October 25th I make a motion for a workshop on old
12:14:13 West Tampa and have the Tampa police and the code
12:14:18 enforcement here to help us with this workshop at 10 a.m.
12:14:25 >>FRANK REDDICK: I want to just state for the record, and
12:14:30 that is the 2,000 people that was there, they were putting
12:14:37 on a fund-raiser for the young man who got killed, in order
12:14:40 to raise money to bury him.
12:14:49 >>CHARLIE MIRANDA: Okay.
12:14:50 I have a motion for a workshop by Ms. Capin, seconded by
12:14:56 Mrs. Mulhern, I believe, on October 25th?
12:15:03 At 10:00 in the morning.
12:15:04 All in favor of that regarding the item that she brought up.
12:15:08 All in favor of that motion please indicate by saying aye.
12:15:11 Opposed nay.
12:15:11 The ayes have it unanimously.
12:15:13 Anything else, Ms. Capin?
12:15:15 >>YVONNE CAPIN: Yes.
12:15:15 On the overhead, I don't know if they can turn it on, I put
12:15:19 a poster there.
12:15:22 This is the Cuban thing, it is art, it is film, it is music,
12:15:30 but last night was the opening of the Cuban sandwich show
12:15:35 and it's been going on for 22 years with about a 10-year
12:15:40 hiatus and now it's been back for this about the third year.
12:15:44 Way want to say is I was asked at the opening last night,
12:15:47 and it whats brought to my attention by the owners of
12:15:52 Michelle on the go, which happened to be the people who won
12:15:56 the contest for the best sandwich, but what happened was,
12:16:01 you know I mentioned this before, that national geographic
12:16:04 travel is doing a story that will come out in the magazine
12:16:10 on N November on the resolution, the Tampa historic Cuban
12:16:14 Part of that article they contacted Michelle on the go, and
12:16:18 they sent a photographer, a photo crew, here and they wanted
12:16:28 to photograph the sandwich with the back drop of the city of
12:16:36 From what I understand.
12:16:37 And I hope that this was all miscommunication.
12:16:41 It was denied by the downtown partnership and someone by the
12:16:47 name of Shawn.
12:16:51 But I hope it was miscommunication because the result was
12:16:53 they had to move -- they went to -- Lykes gave them
12:16:59 permission to photo which was about a two or three hour
12:17:03 photo shoot, to photo with the back drop of downtown from
12:17:07 So they were not allowed in downtown according to them.
12:17:10 You know, this is again an international magazine that wants
12:17:13 to feature the uniqueness of our city and join in Tampa's
12:17:18 celebration of our original sandwich, and it cost zero
12:17:24 dollars to the city.
12:17:25 And they were denied being able.
12:17:29 We should be rolling out the red carpet.
12:17:31 I hope that this is just a communication -- so I want to
12:17:36 bring it up so that, you know, we don't -- this is a City
12:17:41 Council resolution.
12:17:42 We don't have a PR person.
12:17:45 The administration has a PR person.
12:17:48 So not one press release was sent out by myself or anyone
12:17:57 This all happened organically.
12:17:59 And, again, I hope that it was a miscommunication.
12:18:04 But I want to bring that up.
12:18:07 The only other thing I have was that.
12:18:14 And that's it.
12:18:15 Thank you.
12:18:16 >>CHARLIE MIRANDA: Thank you.
12:18:17 Mr. Suarez.
12:18:17 >>MIKE SUAREZ: I have self motions to make.
12:18:23 Move that a resolution that would set a TEFRA public hearing
12:18:26 for August 16th, 2012 at 9:30 to give the City Council,
12:18:31 the public an opportunity for two bond issues that the city
12:18:35 has been requested to approve for the H. Lee Moffitt Cancer
12:18:43 The resolution in your normal August 26th, 2012 doc
12:18:48 >> I have a motion by Mr. Suarez, second by Mrs. Montelione.
12:18:50 >> I believe that was approved as part of the addendum.
12:18:55 >>MIKE SUAREZ: It was?
12:18:57 I apologize.
12:18:58 Next, I requested code enforcement appear before us on
12:19:04 August 16th during the same time frame in which they are
12:19:06 doing a report on robo call and on the volunteer program and
12:19:10 provide a status update regarding the program in VM Ybor for
12:19:16 vacant properties.
12:19:18 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, a second
12:19:20 by Mrs. Montelione.
12:19:21 All in favor of the motion please indicate by saying aye.
12:19:24 Opposed nay.
12:19:25 The ayes have it unanimously.
12:19:25 >>MIKE SUAREZ: I have three others.
12:19:28 I apologize.
12:19:29 I need a motion for commendation recognizing Clyde Hensley
12:19:35 and the Cuban delegations, good will for the sharing of
12:19:40 cultural ideas and celebration of diversity, presented at
12:19:43 the new arts gallery on August 4.
12:19:47 >>CHARLIE MIRANDA: Second by Mrs. Montelione.
12:19:48 All in favor of the motion?
12:19:51 The ayes have it unanimously.
12:19:52 >>MIKE SUAREZ: Next is a motion for a commendation for the
12:19:59 arena twins, covers a half century career of record.
12:20:02 Hopefully their voice has changed since then.
12:20:05 They will be performing on Sunday, August 5th at the
12:20:08 Centro Asturiano.
12:20:12 >>CHARLIE MIRANDA: Second by Ms. Capin.
12:20:14 All in favor?
12:20:15 The ayes have it unanimously.
12:20:16 >>MIKE SUAREZ: Last but not least commendation, ask for a
12:20:20 motion recognizing and thanking Sylvia Espanola for service
12:20:27 to the Hillsborough River interlocal planning board.
12:20:32 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
12:20:33 Seconded by Mrs. Montelione.
12:20:35 All in favor of the motion?
12:20:37 The ayes have it unanimously.
12:20:41 >>YVONNE CAPIN: I forgot one.
12:20:43 I knew there was something to announce.
12:20:44 I want everyone to know that Myles is in the house.
12:20:51 That's my grandson.
12:20:54 >>CHARLIE MIRANDA: If I may, I have three things that I
12:20:57 passed the gavel on to Ms. Mulhern.
12:20:59 Three things that have been troubling for a lot of us in the
12:21:04 whole city.
12:21:04 Vendors, code enforcement and land zoning.
12:21:08 Let me explain what they are.
12:21:09 We need a workshop.
12:21:10 And I am not going to go into September, October, November.
12:21:13 Let me tell you why.
12:21:14 We passed the vendor ordinance, and it's very lack enforced.
12:21:21 There are vendors whose permits have expired and they are
12:21:24 still in business I am told.
12:21:25 There are vendors who start with an 8 by 10 selling fruits
12:21:29 and vegetables and now have two semis on the property and
12:21:32 various tents combined 20 by 30 feet long in combination
12:21:38 This is on private property.
12:21:40 And those were public properties they would not be allowed
12:21:46 but you can't do certain things.
12:21:48 That's got to be cleared up.
12:21:49 Land zoning has ordinances.
12:21:55 You cannot put a tent or building structure in a city park,
12:22:01 a city right-of-way.
12:22:02 But guess what you can do, in your own land you can do
12:22:05 whatever you want, put up a tent, leave it there for -- it
12:22:09 doesn't say how long, and it's all right.
12:22:11 It's acceptable.
12:22:12 And I'm not talking about the current situation.
12:22:14 That's why I say November.
12:22:17 Code enforcement doesn't have the ability unless they get
12:22:21 the okay and vote from land zoning to cite someone.
12:22:26 That should be changed.
12:22:30 To go in and what do what they do, back out and do another
12:22:36 But not being able to do that it perpetuates the problem.
12:22:40 I have a 30-day permit will.
12:22:43 Code enforcement comes out and gives you a citing and you
12:22:45 have 30 days to fix that problem but guess what.
12:22:49 You only have 20 days left in your permit.
12:22:51 It doesn't make sense.
12:22:53 It senseless.
12:22:54 When you look at that and you look at code enforcement,
12:22:57 another thing we do, there's houses on the market, mainly in
12:23:01 my district, and in other districts; that by necessity all
12:23:06 of a sudden you have a residential house and all of a sudden
12:23:09 you have three apartments in the house.
12:23:12 But no one does anything.
12:23:14 They see them.
12:23:18 I don't know if they are told not to do anything, but once
12:23:20 that house is sold, they don't go after the previous owner,
12:23:24 they go after the current owner because you didn't do your
12:23:26 due diligence.
12:23:27 Well guess what, folks, we didn't do our due diligence
12:23:30 either because we haven't done anything in 20 years.
12:23:34 I just want to clear the air, where we are at.
12:23:37 We get inundated.
12:23:40 The calls we get at my office, I represent, the volume is
12:23:45 extremely large.
12:23:47 These are my main problems that I have to work with.
12:23:50 That's why I want a workshop so I can have code enforcement,
12:23:53 land zoning, the administration, the police department,
12:23:57 everyone that has to do with anything to do with vendors.
12:24:00 When you have a vendor, and you have the way we do the
12:24:04 process, it doesn't lend to the city to have any power to
12:24:08 say this is it, you violated.
12:24:10 It should be done with a contract with the land owner and
12:24:13 the vendor with the exclusion that you can't do so they can
12:24:15 be removed immediately, not 30 days.
12:24:19 Let's not make it into a code enforcement.
12:24:21 Let's make it into a contract where you say audio, Lupe,
12:24:27 bye-bye, you are gone.
12:24:28 It's about time that parts of this city that are inundated
12:24:30 with these operations are cleared out.
12:24:33 I will give you an example.
12:24:34 If you go down on Kirby you will see exactly what I am
12:24:39 telling you.
12:24:40 If you go down Armenia Avenue and Braddock you see exactly
12:24:43 what I am telling you.
12:24:44 If you go down Armenia Avenue, and I think it's chestnut or
12:24:50 union, you see what should be a small little 8 by 10 vendor
12:24:55 The other two are far beyond, and they are a commercial.
12:24:59 They do commercial things.
12:25:00 They don't pay any taxes.
12:25:01 The people are in competition with them in the neighborhood
12:25:04 and cannot compete, and we are just ruining their business
12:25:08 in a way.
12:25:10 But I like to set that in November, if I may so that we have
12:25:14 a workshop on this and give me a good date.
12:25:19 I have a motion and second.
12:25:22 Ms. Mulhern?
12:25:25 >> November 29th is the workshop.
12:25:29 >>CHARLIE MIRANDA: That will be a good one.
12:25:31 >>LISA MONTELIONE: 9:30?
12:25:34 >>CHARLIE MIRANDA: 9:30 is fine.
12:25:36 >>MARTIN SHELBY: Right after commendation, recommendation
12:25:40 at 9 a.m.
12:25:42 Is that acceptable?
12:25:43 >> 9 a.m.
12:25:44 >>MARY MULHERN: All in favor?
12:25:45 >>LISA MONTELIONE: I want to ask Mr. Reddick because I
12:25:58 believe this is his initial motion and I had amended the
12:26:01 motion in part on the August 16th agenda.
12:26:07 We have TPD, legal, code enforcement, planning development,
12:26:11 Hillsborough County health department coming to us with a
12:26:13 report on voices of freedom park.
12:26:16 That was -- Mr. Redner was here this morning on and said
12:26:20 that he had agreed and promised that the folks who are there
12:26:24 now -- I was just going to ask if you want to move to the
12:26:31 >>FRANK REDDICK, no I am not going to move it.
12:26:34 >> That's a lot of people to bring here in August.
12:26:37 >>FRANK REDDICK: I'm not pleased with his response.
12:26:41 >>CHARLIE MIRANDA: We go to general public comment.
12:26:43 Anyone in the audience care to address this council at this
12:26:46 time, all 500 of you?
12:26:49 >> Motion to receive and file.
12:26:50 >> I have a motion to receive and file by Mr. Reddick,
12:26:53 seconded by Mr. Suarez on a close vote with Ms. Mulhern.
12:26:56 All in five of the motion?
12:26:58 Opposed nay?
12:27:00 Any other new business to come before this council?
12:27:01 >>MARY MULHERN: I have to go get Miles, M-I-L-E-S, from the
12:27:09 airport so I have to have my hands on this other Miles
12:27:13 before I leave.
12:27:13 So I would like to hear from Myles.
12:27:21 >>CHARLIE MIRANDA: We stand adjourned.
12:27:22 (Meeting adjourned at 12:27 p.m.)
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