City of Tampa
February 4, 2016
9 a.m. Meeting
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>>FRANK REDDICK: Good morning.
09:03:11 We'll call the City Council meeting to order and
09:03:14 yield to Mr. Suarez.
09:03:14 >>MIKE SUAREZ: Thank you, chair.
09:03:16 I would like to introduce Dexter Lewis.
09:03:18 He's going to do our invocation today.
09:03:20 Dexter is the Director of Partnership with Big
09:03:22 Brothers/Big Sisters.
09:03:23 He has worked in Polk, Hillsborough, and Pinellas
09:03:25 Counties with the agency.
09:03:27 He is a Tampa native and a graduate from Blake
09:03:29 High School for the Performing and Visual Arts
09:03:31 where he did the music theater program.
09:03:33 He studied music theater at the Boston
09:03:35 Conservatory for two years where he did a plethora
09:03:38 of productions and realized his passion for
09:03:40 helping others.
09:03:42 He holds a bachelor of arts degree in political
09:03:44 science from the University of South Florida --
09:03:45 go Bulls.
09:03:46 While in college, he volunteered for the Alex Sink
09:03:50 gubernatorial race and for former state
09:03:51 Representative Mark Danish.
09:03:52 After graduating from college, he worked as a
09:03:54 field organizer for the Charlie Crist for governor
09:03:57 campaign and currently he is a regional director
09:03:59 for the Hillsborough County democratic executive
09:04:01 committee where he is volunteering in support of
09:04:05 local candidates in the Tampa Bay area.
09:04:06 Dexter joined big brothers big sister team because
09:04:10 he has had countless teachers and community
09:04:12 members that have poured into his life.
09:04:13 That's what big brothers and big sisters is all
09:04:15 about.
09:04:16 Building on one-on-one relationships with youth
09:04:18 that are facing adversity to make their lives
09:04:22 better forever.
09:04:23 Please stand for the invocation and remain
09:04:23 standing for the pledge of allegiance.
09:04:24 Thank you, Dexter.
09:04:25 >> Thank you, Councilman.
09:04:30 Dear heavenly father, we come to you to say thank
09:04:34 you.
09:04:34 Thank you for allowing us to see another day and
09:04:37 another City Council meeting.
09:04:38 We thank you for the freedoms and liberties that
09:04:40 we enjoy and the ability to not take them for
09:04:43 granted.
09:04:43 We thank you for the heart of service that you
09:04:45 have given each and every City Council member.
09:04:49 We pray that you continue to lead them to do what
09:04:51 is best for the City of Tampa and all of the
09:04:54 residents of the City of Tampa.
09:04:57 Although we may disagree, help us, O gracious
09:04:59 father, to remember the divine which resides in
09:05:02 each of us.
09:05:02 Dear Lord, help city councilman members to govern
09:05:05 with love, patience, understanding.
09:05:09 Help them governor with an awakened spirit to the
09:05:12 constituents that are voicing their concerns
09:05:14 today.
09:05:14 Help us to give more, to love more and to nurture
09:05:17 one another more.
09:05:18 Lord, make us all instruments of your peace.
09:05:20 I pray for peace for each citizen of the City of
09:05:24 Tampa.
09:05:25 I pray this meeting will facilitate justice for
09:05:27 the disfranchised, the poor and citizens
09:05:31 representing a cause of our city.
09:05:32 Lord, we open up ourselves to you.
09:05:35 Please enter where you already reside.
09:05:37 In your name, amen.
09:05:38 [Pledge of Allegiance]
09:05:50 >>FRANK REDDICK: Roll call.
09:05:58 >>CHARLIE MIRANDA: Here.
09:06:00 >>MIKE SUAREZ: Here.
09:06:02 >>YVONNE CAPIN: Present.
09:06:03 >>HARRY COHEN: Here.
09:06:04 >>GUIDO MANISCALCO: Here.
09:06:06 >>LISA MONTELIONE: Here.
09:06:07 >>FRANK REDDICK: Here.
09:06:07 All right.
09:06:09 Can we get the motion for the adoption of the
09:06:11 minutes?
09:06:12 >> So moved.
09:06:13 >> Second.
09:06:13 >>FRANK REDDICK: Motion from Mr. Cohen.
09:06:15 Seconded by Ms. Capin.
09:06:17 All in favor, aye.
09:06:18 Opposed?
09:06:18 All right.
09:06:19 Motion carries.
09:06:19 Before we go into the ceremonial activities, let
09:06:26 me announce that we'll recess at 11:15 and
09:06:30 reconvene at 1:30 this afternoon.
09:06:32 Mr. Cohen.
09:06:39 >>HARRY COHEN: Thank you very much, Mr. Chair.
09:06:42 I am very happy and proud this morning to welcome
09:06:45 three individuals from opera Tampa.
09:06:48 They are going to tell us today about what's going
09:06:52 on this month of February.
09:06:53 We have an awful lot programmed.
09:06:56 We have Gina d'Angelo, who is the current chair of
09:06:58 the Opera Tampa League Board of Directors.
09:06:59 We have maestro Daniel Lipton, who is the artistic
09:07:06 director and conductor of Opera Tampa.
09:07:06 And we have Stephanie Amberg, who is the marketing
09:07:09 director for Opera Tampa and also a former board
09:07:12 member at the Straz Center.
09:07:13 Welcome.
09:07:14 And let us know about all the wonderful things
09:07:16 going on this month in Tampa.
09:07:29 >> First of all, I would like to thank you for
09:07:31 allowing us to come here today, as well as
09:07:34 thanking you for your continued support of opera
09:07:37 Tampa.
09:07:37 The opera festival, the Florida opera festival,
09:07:42 it's done every year in conjunction with the Straz
09:07:45 Center.
09:07:45 And now it is my pleasure to introduce to you
09:07:48 Maestro Lipton, who will present and let you know
09:07:52 all the wonderful things going on for the opera
09:07:55 festival this year.
09:08:00 >> Good morning.
09:08:01 It's a pleasure to be before you.
09:08:03 We're very excited about not just the upcoming
09:08:08 festival, but all that we've done in the past
09:08:10 years.
09:08:10 We are one of the only opera companies that has
09:08:16 added a production this season.
09:08:19 And we are starting in February our opera season
09:08:25 with Cosi Fan Tutte that is an opera by Mozart.
09:08:33 Terrific stories about fidelity and the question
09:08:38 of whether women can be faithful.
09:08:42 [ LAUGHTER ]
09:08:43 You're already laughing, so you must come and see.
09:08:49 It's really, very amusing.
09:08:52 We follow it with La Traviata and we have
09:09:04 incredible artists coming.
09:09:05 We also have new voices program, young people who
09:09:09 are on the rise.
09:09:10 The girl who is singing the lead in La Traviata,
09:09:18 Cecilia Violetta Lopez, sang it with me for the
09:09:21 first time in New York, and she is in opera news,
09:09:25 one of the 25 most up and coming young singers.
09:09:29 And we have also in our new voices, Gabriel
09:09:36 Pricer, Sarah northern, Lee remi, and as I
09:09:40 mentioned Cecilia Violetta Lopez.
09:09:41 We follow that with -- and again another
09:09:47 incredible cast.
09:09:49 Because of my association with some of these
09:09:50 artists, we've been able to get Thomas Alvarez,
09:09:55 who has song at Las Scala who has sung at the
09:10:04 metropolitan opera.
09:10:05 We also have Andrea Bocelli who will be singing at
09:10:14 the arena, and on February 11th.
09:10:18 And on March 6 we have Il Volo as a part of our
09:10:28 festival.
09:10:28 In November, we had our Straz Live in the Park
09:10:31 which is a celebration of National Opera Week in
09:10:35 partnership with the Gasparilla Festival of the
09:10:37 Arts at Curtis Hixon Park.
09:10:40 And over 4,000 people attended.
09:10:43 It was free, and they were totally enthusiastic.
09:10:47 And we presented favorite tunes from "The Lion
09:10:50 King" and Newsies performed by broadway artists.
09:10:58 And Arias as well.
09:11:01 We had local food trucks and award-winning local
09:11:02 visual artists.
09:11:04 We're thrilled to be here and thank you for your
09:11:07 continued support.
09:11:08 >>HARRY COHEN: Well, we thank you, and we are
09:11:11 really excited to promote the tremendous artistic
09:11:14 opportunities that are available to people in the
09:11:17 Tampa area over the next month.
09:11:18 What can people do who want to get tickets?
09:11:22 >> They can call opera Tampa.
09:11:24 They can also go online, the Straz Center.
09:11:26 And there are numbers.
09:11:31 I don't have it with me.
09:11:34 >> operatampa.org.
09:11:39 >> I'm in the midst of rehearsing in my mind and
09:11:45 we have great artists.
09:11:47 It's really fun.
09:11:52 >>LISA MONTELIONE: Thank you, Mr. Chair.
09:11:54 Every year I buy a subscription ticket for my
09:11:57 anniversary with my significant other.
09:11:58 Last year, we saw Madama Butterfly.
09:12:02 It was amazing.
09:12:02 The sets, the costumes, the color, the music, it's
09:12:07 just a phenomenal experience.
09:12:10 If anyone has not been to opera Tampa, it's very
09:12:14 affordable.
09:12:15 I can't afford the highest level of tickets, but
09:12:19 anywhere you sit in the Straz, it's an amazing
09:12:23 theater.
09:12:24 And it is very affordable for a single performance
09:12:29 to go online and buy tickets and find something
09:12:31 that suits your budget, but it's an experience you
09:12:35 won't forget.
09:12:36 >> Thank you so much.
09:12:37 Well, both halls have extraordinary acoustics, and
09:12:40 even though the operas are sung in Italian, you
09:12:44 have the subtitles so you can follow everything as
09:12:49 they are being sung, and it makes it very
09:12:52 approachable, certainly.
09:12:54 >>LISA MONTELIONE: And there are, in the program,
09:12:56 open rehearsals.
09:12:58 Can anyone come and sit in the theater for the
09:13:00 rehearsals?
09:13:01 >> They are very affordable.
09:13:02 They are for $10.
09:13:04 >>LISA MONTELIONE: $10.
09:13:06 You cannot beat that deal.
09:13:08 >> And we've already had a bunch of people coming
09:13:13 for the first open rehearsal, and they were so
09:13:16 enthusiastic they bought subscriptions, they
09:13:20 bought tickets.
09:13:21 It's very exciting to see how an opera is put
09:13:25 together.
09:13:26 We have a great stage director, and fun, fun, fun
09:13:29 young artists who are extremely talented.
09:13:33 And that's really infectious, the people who are
09:13:37 sitting on the side, in the audience, they don't
09:13:40 have to stay for the entire rehearsal, because
09:13:42 that can be lengthy, but the enthusiasm which many
09:13:48 people have never gone to an opera and they were
09:13:53 wanting to try these open rehearsals, and the
09:13:57 results have been really wonderful.
09:14:00 >>LISA MONTELIONE: Thank you.
09:14:01 >> Thank you so much.
09:14:02 >>FRANK REDDICK: Any other questions from Council?
09:14:05 >>HARRY COHEN: Well, thank you so much for coming.
09:14:08 I wanted to say last week I was at the Straz
09:14:10 Center and The Lion King was in one theater, Alan
09:14:14 Cumming was in another theater.
09:14:16 The place was packed.
09:14:17 I know a harbinger of great things are coming and
09:14:24 we look forward to a great season at the opera.
09:14:27 >> Thank you very much.
09:14:27 It's not very well known that the Straz Center for
09:14:30 the performing arts is the second biggest center
09:14:34 for the performing arts after the Kennedy Center.
09:14:37 And it is a nonprofit organization.
09:14:38 So these are all things which it's good for people
09:14:43 to know.
09:14:43 Thank you for the opportunity to bring this
09:14:45 forward.
09:14:46 >>FRANK REDDICK: Thank you.
09:14:47 All right.
09:14:50 We'll go to approval of the agenda, addenda to the
09:14:54 agenda.
09:14:55 Accept a motion except for new business.
09:15:00 New business will be during new business.
09:15:02 Motion by Mr. Suarez.
09:15:04 Seconded by Mr. Cohen.
09:15:05 All in favor, aye.
09:15:07 Opposed.
09:15:07 Motion carries.
09:15:08 We'll go to public comment.
09:15:10 At this time, we have 30 minutes.
09:15:12 Anybody wishing to speak during this time, public
09:15:15 comment?
09:15:15 Please come forward and state your name and
09:15:17 address.
09:15:17 You have three minutes.
09:15:25 >> I'm Elizabeth Corwin.
09:15:28 I live on West Maryland Avenue.
09:15:30 And I wanted to speak behalf on Walk, Bike, Tampa
09:15:34 and your discussion of parking today.
09:15:36 And in the future, we would urge that you remember
09:15:39 bicycle racks.
09:15:41 Ten cars -- sorry, ten bicycles can take the place
09:15:46 of one parked car.
09:15:48 In 2013, in Portland, Oregon, for example, they
09:15:51 swapped out 163 on-street car parking places for
09:15:58 1,644 bicycle spots.
09:16:02 Walk bike Tampa believes that bicycle parking
09:16:04 should be included in parking codes and in all
09:16:07 discussions.
09:16:08 Now, on a personal note, I'd also like to you
09:16:11 remember handicap parking in your discussion of
09:16:14 parking.
09:16:14 I've had problems finding parking -- handicap
09:16:18 parking places by the Tampa Museum of Art,
09:16:21 Riverwalk, the Gasparilla art festival, and Tampa
09:16:23 Theater.
09:16:24 Handicap parking should be ample and convenient.
09:16:29 On a final note, I would like to remind that you
09:16:33 zip cars and car sharing services take five
09:16:36 privately owned vehicles off the road for every
09:16:38 one car share.
09:16:39 I hope that will also be part of your discussion
09:16:43 on parking.
09:16:44 Thank you.
09:16:44 >>LISA MONTELIONE: Ms. Corwin, before you leave
09:16:48 the podium, when you say you have difficulty
09:16:50 finding handicap parking, do you find that the
09:16:52 spaces are too few or do you find that people who
09:16:55 don't have proper handicap tags are parking in the
09:16:59 spaces?
09:16:59 >> The spaces are too few or not available.
09:17:02 When I try to take my mother to the Riverwalk
09:17:06 festival last year, we had a very hard time
09:17:09 finding parking.
09:17:10 We finally parked in a spot that said -- served
09:17:15 bank customers only.
09:17:16 And I called the city to find out where the
09:17:18 nearest handicap parking was.
09:17:20 If we had parked there, my mother would have been
09:17:23 exhausted by the time we got to Riverwalk.
09:17:26 It's a combination.
09:17:27 It's usually just not convenient.
09:17:29 Tampa museum, cross the railroad tracks, up a
09:17:35 curb, no curb cuts, no bench sitting there that I
09:17:39 can drop her off and come back for her.
09:17:42 >>LISA MONTELIONE: Thank you.
09:17:43 >>FRANK REDDICK: Next speaker.
09:17:46 >> Good morning, members of the Council.
09:17:48 I'm Rabbi Jason Rosenberg.
09:17:50 I live at 4725 Windflower Circle.
09:17:54 I am the rabbi of congregation Beth Am at
09:17:57 2030 West Fletcher Avenue in Tampa.
09:18:01 I'm here to speak in support of the do not stand
09:18:04 idly by campaign which is aimed at not gun
09:18:07 regulation or any -- or at gun safety more than
09:18:10 anything else.
09:18:11 I think we all know anytime anyone brings up any
09:18:13 issue around guns and anything that sounds like
09:18:18 gun control even if it's not people get concerned
09:18:21 and often do anything they can to slow down or
09:18:24 block that kind of initiative.
09:18:25 One of the common refrains I've heard about
09:18:28 campaigns like this is that it's not perfect, that
09:18:31 it won't solve the problem.
09:18:32 Even if implemented it wouldn't have stopped this
09:18:35 shooting or this mass shooting over here.
09:18:37 Almost always those criticisms are at least in
09:18:39 part correct.
09:18:40 Any initially will not solve -- any initiative
09:18:44 will not solve any problem in the country and this
09:18:46 is certainly one initiative that will not solve
09:18:49 the entire problem but it has the capacity to make
09:18:52 a difference.
09:18:53 Small or large it will make a difference.
09:18:55 That difference means lives saved.
09:18:57 In Jewish tradition, we're taught that a person
09:19:00 who saves a single life, it is as if they saved an
09:19:03 entire world.
09:19:04 The tradition is teaching us that a single life is
09:19:06 invaluable, immeasurably value, and that we can
09:19:10 never discount things that might save a single
09:19:14 person's life.
09:19:14 More so, action or initiative that might save a
09:19:17 number of lives.
09:19:18 We're talking the potential of one child being
09:19:20 alive when might not have been, of one parent
09:19:24 being around to raise a child, about one small
09:19:27 group who might be here when they otherwise might
09:19:30 not have been.
09:19:31 This initiative is not perfect.
09:19:33 Nothing is, but this can save lives.
09:19:35 This can make a difference.
09:19:37 This particular initiative can do so in a way that
09:19:42 might bring no harm, legal or otherwise, to anyone
09:19:45 else.
09:19:45 I urge you to consider not only what the
09:19:47 limitations of the program are, but what kind of
09:19:50 unbelievably important and sacred benefit might
09:19:53 come from this act.
09:19:54 Thank you.
09:19:55 >>FRANK REDDICK: Thank you.
09:19:57 Next speaker.
09:20:01 >> Good morning.
09:20:01 Thank you for giving me the opportunity to speak.
09:20:04 I'm John Green from Brandon.
09:20:06 First of all, I'm here to give accolades to Frank
09:20:11 Reddick.
09:20:12 You've been doing an awesome job in district five
09:20:16 and having been recognized for your work.
09:20:20 Frederick Douglass said a slave is one who sits
09:20:24 down and waits for someone to free them.
09:20:26 What a perfect month to come out and speak to the
09:20:30 black community.
09:20:31 I myself launching an initiative, citywide and
09:20:36 countywide initiative, specifically for the black
09:20:40 community.
09:20:40 It's going to be funded by me, and it's going to
09:20:43 be done by help and I'm going to collaborate with
09:20:50 other community people in the city as well as the
09:20:54 county to get politically involved.
09:20:59 It's time for us to go against the old-school
09:21:03 regime.
09:21:04 We know that the youth outnumbers the old school,
09:21:08 and that's our target.
09:21:10 We're going to knock out those who oppose us, like
09:21:17 the pastors -- some pastors who we know that don't
09:21:22 support you.
09:21:23 We've been watching them.
09:21:24 We know that even some politicians don't support
09:21:29 you.
09:21:30 So with that being said, we're going to come out,
09:21:35 focus on the youth, and we're going to change the
09:21:38 city and the county.
09:21:41 It's not hard.
09:21:42 It's just that the people are not getting the
09:21:44 message.
09:21:44 And to all the pastors out there, specifically the
09:21:47 black pastors, who doesn't want to support you, be
09:21:52 ready because we're coming after your
09:21:54 congregation.
09:21:54 Thank you, and may this black history month be
09:21:58 full of joy.
09:22:01 >>FRANK REDDICK: Thank you.
09:22:12 >> I'm Ed Tillou, Sulphur Springs.
09:22:16 Sulphur Springs has a problem, actually, south
09:22:19 Sulphur Springs.
09:22:20 Nebraska Avenue was all tore up from Hillsborough
09:22:25 to Sligh, and now they -- it's like hell to ride
09:22:31 the bus or a car or something.
09:22:34 I think it's the state that's doing that.
09:22:38 You need to get in touch with that woman Duncan,
09:22:41 hey, look, they have to do something about that.
09:22:44 They keep moving on to other places, Fowler and
09:22:46 Nebraska, they are moving all over instead of
09:22:50 finishing up what they started on Nebraska.
09:22:53 It's just more indication F.D.O.T. does not know
09:22:56 what they're doing, and that's why they are
09:22:59 proposing this TBX.
09:23:00 With respect to two of the earlier speakers, yes,
09:23:05 Ms. Capin did raise a very good point and there's
09:23:09 been a lot of discussion about that.
09:23:10 That's why I last week handed around that very
09:23:13 well-written article that gets into it.
09:23:17 Actually, it's a public health problem.
09:23:19 It's a gun safety problem, and maybe Ms. Capin
09:23:25 should go and talk to the militias.
09:23:27 That's what the second amendment says, to organize
09:23:29 a militia.
09:23:31 A lot of these militias are not right wing and
09:23:34 such.
09:23:35 People read the Second Amendment and feel like
09:23:37 they should go out in the woods on weekends and do
09:23:40 their practices or something.
09:23:41 I brought out about Nathanael Greene.
09:23:43 Nathanael Greene was the guy who won the American
09:23:48 Revolution, far more than George Washington.
09:23:50 All through the south.
09:23:52 One of the things they don't give him credited on,
09:23:57 he dragged the army through all the swamps and
09:24:00 about half of them had malaria at Yorktown.
09:24:04 So much for Nathanael Greene, but when he
09:24:07 organized the militia in Rhode Island at the
09:24:09 Quaker, they kicked him out of the Quakers.
09:24:11 But the thing is he organized the militia and he
09:24:15 had to get charted by the state.
09:24:18 That's I think still on the books.
09:24:21 If these people were all nuts, they won't get
09:24:25 chartered.
09:24:26 The militia movement, there are or sides to it.
09:24:30 More than Hillary Clinton who slammed Petraeus,
09:24:37 who is now gone, although they did retire him with
09:24:41 four stars, so he has a very good pension.
09:24:43 What isn't brought out in the movie but comes to
09:24:48 be brought out over time, if you do the research,
09:24:52 go and do the research, those insurgents knew what
09:24:55 they were looking for.
09:24:59 After they got the outpost and the ambassador died
09:25:04 which was sort of a side show for them, they went
09:25:06 for the CIA annex which was abandoned.
09:25:10 Everybody took off when they had the first chance,
09:25:13 and they got the files.
09:25:14 The files that told all the Libyans who were
09:25:17 working with the United States who are now being
09:25:19 tortured and being murdered.
09:25:23 >>FRANK REDDICK: Thank you, sir.
09:25:24 >> So the gop has apparently hit something big.
09:25:29 >>FRANK REDDICK: Next speaker.
09:25:33 >> Good morning.
09:25:34 Mr. Chairman and Council members, my name is Jody
09:25:36 Pecararo.
09:25:39 I live at 4936 Anniston Circle, Tampa, Florida, up
09:25:43 in Tampa Palms.
09:25:45 I am before you this morning representing members
09:25:48 of both the Unitarian Universalist Church and
09:25:50 United Church of Christ who share our concern and
09:25:56 yours about the plague of gun violence in our
09:25:58 city, and our county and our country.
09:26:00 We support the stated goals of the metro
09:26:03 industrial area's foundation network launched by
09:26:06 faith leaders and citizens that ask gun
09:26:10 manufacturers to lead in their industry by
09:26:12 creating first-rate networks of dealers that meet
09:26:15 high standards of security, record keeping and
09:26:19 cooperation with law enforcement, and that they
09:26:21 bring childproof, theft-proof guns to market,
09:26:25 along with a variety of other gun safety
09:26:28 technologies.
09:26:29 We concur that these and other changes could begin
09:26:33 without impeding in any ways the rights of
09:26:35 law-abiding citizens to buy and own firearms.
09:26:39 We believe that gun violence in our communities
09:26:42 has reached a level where it is a public health
09:26:46 and safety issue.
09:26:47 It is the responsibility of both citizens and
09:26:51 their elected officials to speak up and do
09:26:54 everything legal within their abilities to reverse
09:26:57 this threat to the peace and security of
09:26:59 ourselves, our neighbors, and our greater
09:27:04 communities.
09:27:04 We applaud your leadership in proposing that Tampa
09:27:07 join the national campaign, do not stand idly by
09:27:12 and hope it will be formally adopted by the
09:27:16 Council this morning.
09:27:17 Thank you.
09:27:17 >>FRANK REDDICK: Thank you.
09:27:18 Next speaker.
09:27:23 >> Hello.
09:27:24 My name is Chris McVIDI.
09:27:26 I live in Lutz, Florida.
09:27:29 I'm one of the new owners in Jackson's Bistro on
09:27:35 Harbour Island.
09:27:35 I'm here to discuss the regulations for off-site
09:27:38 parking.
09:27:39 I found out about this on Monday, and it has our
09:27:42 attention.
09:27:42 As you know, we're on an island.
09:27:45 One of the main focuses we have is to bring the
09:27:48 locals back to our area.
09:27:51 So when this came up for discussion, it definitely
09:27:55 had my attention.
09:27:56 Anything that would make it more difficult for
09:27:58 someone to come to our business has our attention,
09:28:01 and parking is definitely a very important piece
09:28:03 of that.
09:28:04 There are a couple of items on the legislation --
09:28:06 first of all, I want to say I'm not here to
09:28:08 torpedo the legislation, but I'm here to highlight
09:28:11 maybe some of the unintended and unforeseen
09:28:14 consequences the way it's written.
09:28:16 I'm jumping late into the game but I'll commend
09:28:18 the people drafting that they are open to this.
09:28:21 I'm definitely here to be a part of the solution.
09:28:23 By approving a new users use of alternative
09:28:27 off-site parking, this legislation compromises an
09:28:33 existing user's parking.
09:28:36 As I understand it, there is a map that says,
09:28:37 okay, you can have this off-site parking,
09:28:40 especially if you are open for business from lunch
09:28:42 to dinner, okay, your guests go here.
09:28:44 The existing user's guests go here, and that works
09:28:47 well on paper, but what it doesn't do, is it
09:28:51 doesn't translate to reality and practicality.
09:28:54 People are going to park closest.
09:28:56 They are not going to use the off-site parking.
09:28:58 They are not going to care that the new user's
09:29:00 guests are supposed to park off-site.
09:29:03 They'll take the parking that was allocated for
09:29:04 the incumbent tenant that was already there.
09:29:06 And if that new business opens for business
09:29:09 earlier, their guests are going to come in, fill
09:29:12 up all the parking and there will be nothing left
09:29:15 for the guy who maybe opens up a little later.
09:29:18 And that's a problem is enforcement.
09:29:19 One thing I would request the City Council is to
09:29:22 maybe task the drafters to say, okay, how can we
09:29:28 enforce this mechanism.
09:29:29 If we have it laid out on this map, does it work
09:29:32 in reality?
09:29:33 The second thing is that by having these off-site
09:29:35 parking leases, you have two landlords.
09:29:37 A tenant has a lease with their real property
09:29:40 landlord, but effectively, they have a second
09:29:42 landlord, and that's the owner of the parking
09:29:44 spots.
09:29:44 Just like we have eviction procedures which
09:29:46 protect tenants as far as eviction, if the owner
09:29:49 of the parking spot says you're giving them that
09:29:53 much power.
09:29:54 As soon as you take the parking away from them,
09:29:57 you are basically taking away their business.
09:29:58 They lose their parking spots, they are out of
09:30:01 zoning compliance, the city shuts them down, that
09:30:03 business is gone.
09:30:04 That is a very real risk.
09:30:06 If I invest in a build-out -- and I have now two
09:30:09 landlords.
09:30:10 One I have eviction procedures and protections.
09:30:13 Over here I don't.
09:30:14 I read some of the parking leases in here.
09:30:16 I'm a lawyer, too.
09:30:18 I could poke so many holes in these.
09:30:20 I would be scared to death to invest millions of
09:30:22 dollars in a build-out just so some guy could take
09:30:25 my parking away.
09:30:29 So there's some --
09:30:31 >>FRANK REDDICK: Thank you, sir.
09:30:32 >> Thank you.
09:30:32 >>FRANK REDDICK: Next speaker.
09:30:36 >> Good morning.
09:30:36 Elise Batsel with Phelps Dunbar, 100 South Ashley
09:30:41 Drive.
09:30:41 That was a perfect segue.
09:30:43 I also would like to piggyback on the changes for
09:30:47 the off-site parking.
09:30:49 This deals more with unintended consequences of
09:30:52 allowing valet lots to satisfy the on-site parking
09:30:57 requirements.
09:30:57 As written right now, there's no geographical
09:30:59 limit to where the valet lots can be.
09:31:03 Obviously, this is an extreme example, that I am a
09:31:05 business owner in a shopping center or a
09:31:07 restaurant complex in south Tampa, and
09:31:11 technically, the way the legislation is drafted
09:31:14 right now, I could satisfy that by having valet in
09:31:17 Carrollwood or Brandon on paper, with no
09:31:19 oversight.
09:31:20 So I would ask that you consider some sort of
09:31:23 geographical limitation.
09:31:24 Obviously, the purpose of valet is that somebody
09:31:27 can run to the car and get it and come back.
09:31:30 I'm concerned that the unintended consequences
09:31:33 you're going to permit someone to have a very
09:31:36 distant valet parking lot, and it's going to
09:31:38 perpetuate the problems that you already have,
09:31:41 which is valets go and they use a business that
09:31:43 shut down, and then that business gets cited for
09:31:46 someone using their parking lot after hours.
09:31:49 So we'd ask that you consider a geographical
09:31:51 limitation.
09:31:52 Thank you very much for your time.
09:31:53 >>FRANK REDDICK: Thank you.
09:31:54 Next speaker.
09:32:00 >> Hi.
09:32:01 Good morning.
09:32:01 I'm Liz Johnson.
09:32:03 5708 River Terrace.
09:32:04 I'm actually here today not to talk about an
09:32:09 agenda item, just to extend a personal invitation
09:32:12 to each of you to the Stop TBX March this Saturday
09:32:18 at 11 a.m., starting from Cafe Hey.
09:32:22 We would love to see any or all of you out there.
09:32:25 Whether or not you support our efforts, to at
09:32:28 least engage with the community, ask some
09:32:32 questions and more fully round out your
09:32:35 understanding of the project itself and our
09:32:36 opposition to it.
09:32:37 Thank you.
09:32:42 >>FRANK REDDICK: All right.
09:32:43 Anyone else wishing to speak at this time, please
09:32:45 come forward.
09:32:52 >> Derek Chamblee.
09:32:54 Google D-E-R-E-K-C-H-A-M-B-L-E-E.
09:32:58 Derek Chamblee, Google Derek Chamblee, federal
09:33:04 lawsuit.
09:33:04 Google Derek Chamblee new city.
09:33:07 Google Derek Chamblee Jeb Bush, Prescott Bush,
09:33:11 Adolf Hitler, Nazi party, Republican party,
09:33:15 derogatory.
09:33:16 I wanted to speak on a couple of items that the
09:33:22 Tampa Bay times broke, a story on three
09:33:29 commissioners, they named three commissioners, in
09:33:33 the story that had received money in connection
09:33:37 with being visited by a lobbyist who didn't
09:33:42 register properly.
09:33:45 In particular, the responses -- they received
09:33:49 money, some before the vote, after the vote, and
09:33:52 all three of them voted in favor.
09:33:56 Anyway, you reference the Tampa Bay times,
09:34:01 commissioner Les Miller, who is now the Chairman
09:34:05 and most of the county commissioners are
09:34:09 Republicans and Les Miller is perhaps a Democrat
09:34:14 still, and they made him Chairman as well,
09:34:18 recently this year.
09:34:19 And Les Miller, and I'm here to defend Les Miller,
09:34:22 the commissioner.
09:34:23 He said, you know, it's not illegal.
09:34:25 No, it's not illegal to take money from someone
09:34:30 you're going to vote on something they want from
09:34:32 you.
09:34:32 It's not illegal.
09:34:33 Commissioner Sandy Murman, she says, well, I
09:34:41 didn't even know where the checks were from.
09:34:44 I urge to take them to Amscot, take them to the
09:34:47 bank, find out where the checks come before you
09:34:49 take more.
09:34:50 That kind of thing.
09:34:51 Former President Nixon said the American people
09:34:54 want to know if their president is a crook.
09:34:56 Then he turned around and elevated George Herbert
09:35:00 Walker Bush to head of the national Republican
09:35:03 party.
09:35:03 And George Herbert Walker Bush went around the
09:35:07 country making great speeches saying that
09:35:09 President Nixon knew nothing about Watergate.
09:35:12 And, of course, later on -- well, you know the
09:35:20 story on that.
09:35:20 There's just so much here as far as the
09:35:23 dysfunctional county government.
09:35:24 And so really -- and this thing about the
09:35:29 Confederate flag, really, Commissioner Miller,
09:35:34 they showed him a Confederate flag and he cried.
09:35:40 But that was okay because next to it with an
09:35:44 American flag and he blew his nose.
09:35:45 No, I'm here to defend the commissioner.
09:35:48 Google Derek Chamblee, Jeb Bush.
09:35:50 The times broke another story.
09:35:52 Jeb Bush is saying he's going to surprise the
09:35:54 world next Tuesday in New Hampshire.
09:35:56 Thank you very much.
09:35:59 >>FRANK REDDICK: All right.
09:36:00 Anyone else wishing to speak at this time?
09:36:03 Seeing none, we'll go to any requests by the
09:36:07 public for reconsideration of a legislative
09:36:09 matter.
09:36:10 Seeing none, we'll go to item number 2, staff
09:36:15 reports.
09:36:17 >>SAL TERRITO: Sal Territo, Legal Department.
09:36:19 You asked us to look at the question of whether we
09:36:21 could allow someone who is picking up vegetative
09:36:24 food waste to be exempt from our franchising
09:36:27 ordinance.
09:36:27 We looked at it fairly carefully.
09:36:30 We looked at the possibility of changing
09:36:32 definitions.
09:36:33 We found out we can't change the definitions
09:36:35 because state statute makes the definitions and we
09:36:37 have to follow them.
09:36:38 We looked at bond covenants to see if there was
09:36:41 leeway there and there's no leeway there either.
09:36:44 We are basically stuck with what we have.
09:36:45 Anybody picking up vegetative food waste would
09:36:48 have to get a franchise from the city, pay the
09:36:51 franchise fee, and all the waste would have to go
09:36:53 to our resource recovery project because the bond
09:36:55 covenants are very, very stringent about that, and
09:36:58 we cannot change the definitions which we were
09:37:00 asked to look to see if we could do to see if they
09:37:03 could fit into some other category, and they
09:37:05 cannot.
09:37:06 That is the short version.
09:37:07 You have a memo in front of you that goes into
09:37:09 more detail.
09:37:10 I'm just giving that you so the public can
09:37:12 understand where it is that the Legal Department
09:37:14 is coming from.
09:37:14 If you have any questions, I would be more than
09:37:18 happy to answer them for you.
09:37:19 >>FRANK REDDICK: Any questions from Council?
09:37:20 No questions from Council.
09:37:23 Thank you, sir.
09:37:24 Item number 3.
09:37:34 >>CATHERINE COYLE: Catherine Coyle, planning and
09:37:37 development.
09:37:37 I apologize, I have my second round of this stuff.
09:37:41 You heard some of the concerns about the parking
09:37:45 regulations.
09:37:45 I met with the two folks that spoke yesterday or
09:37:49 the day before.
09:37:50 I also have some other concerns that were raised
09:37:53 very similar.
09:37:54 There are two main issues.
09:37:56 We agreed to come back today.
09:37:58 That's just a basic refresher from the December
09:38:02 version.
09:38:02 Before we routed it to the Planning Commission to
09:38:06 basically figure out what the issues are, if any,
09:38:09 with the business side or the residential side,
09:38:11 there are two main concerns.
09:38:13 They were highlighted just briefly by the previous
09:38:18 speakers.
09:38:18 One is -- and they are both related to the valet
09:38:21 parking.
09:38:21 Not the regulation of the valet operators or the
09:38:24 parking lots themselves, but the somewhat silent
09:38:27 missing pieces in the direction that I was given.
09:38:33 One is how far away that valet lot can be.
09:38:36 You know, we're changing the off-site parking.
09:38:38 If you park yourself away from a use in a legal
09:38:42 lot, you're allowed to go a quarter of the mile
09:38:45 because that's a standard maximum walking
09:38:48 distance.
09:38:49 It's reasonably comfortable.
09:38:52 Valet lots are silent on the distance.
09:38:54 In theory, they could be to the extreme of what
09:38:56 the speakers had, but really probably half a mile,
09:39:00 a mile away, as far as they could be.
09:39:02 But the reality of the operation of that, the two
09:39:06 main concerns that I had was literally having that
09:39:09 attendant trying to make it back.
09:39:10 The businesses have concerns about that, too,
09:39:12 obviously because it wouldn't necessarily be easy
09:39:16 to operate multiple attendants.
09:39:19 Also, the safety of those people having to run
09:39:21 that long of distance all hours of the night.
09:39:24 So the suggestion maybe would be to take it to the
09:39:27 quarter of a mile or maybe a third of a mile, but
09:39:30 set a maximum distance for those lots.
09:39:32 Something that's reasonable that the attendants
09:39:34 can easily get back and forth to make it both
09:39:38 operationally functional and a safer situation.
09:39:41 There was also the concern on the neighborhood
09:39:43 side that the farther those lots get away, not
09:39:47 just from the operational perspective for the
09:39:48 business, but they may start to intrude into other
09:39:52 areas adjacent to other neighborhoods that don't
09:39:54 have any of those impacts.
09:39:56 And now they are dealing with just the parking lot
09:40:00 aspect and not the businesses.
09:40:02 The second piece of it was the maximum number of
09:40:09 required spaces that would be allowed to be
09:40:12 provided as valet.
09:40:13 So the valet parking and off-site parking is being
09:40:16 set up in the code as an alternative, obviously,
09:40:19 for compliance of on-site, really because it comes
09:40:24 from a place, especially in the main core of the
09:40:26 city, especially in the central Tampa planning
09:40:31 district, which has the -- all of the urban
09:40:33 villages, and it is the oldest development pattern
09:40:36 in the city, redevelopment and infill and
09:40:40 revitalization of a lot of these corridors is
09:40:42 difficult because the commercial sites are so
09:40:44 small.
09:40:44 So parking has obviously become an issue over
09:40:47 time.
09:40:47 We have different strategies in different areas
09:40:50 and different overlay districts.
09:40:53 They seem to be working pretty well.
09:40:54 Having the valet was another option to supplement
09:40:58 and be able to help certain businesses in certain
09:41:02 areas.
09:41:02 The question is whether or not can it be -- what
09:41:04 percentage can it be?
09:41:06 How much can be offset in a valet lot?
09:41:08 Right now, it's silent.
09:41:10 In theory, it could be 100% potentially.
09:41:13 The thought was maybe actually capping it, either
09:41:16 at 25% or 50%.
09:41:18 At least they have to provide something on-site.
09:41:21 But those are the two main issues that have come
09:41:25 up.
09:41:29 >>HARRY COHEN: Let me interject on this.
09:41:31 I don't know that the issue is so much a
09:41:33 hard-and-fast cap, but I do think it's very
09:41:37 important when we are judging an application that
09:41:42 we know what the ratio is.
09:41:44 I don't want us to get into a situation where if
09:41:46 it's counted as a required space, it just says
09:41:49 that they've met the parking requirement and we
09:41:52 don't have a breakdown of how much of it is
09:41:54 on-site and how much of it is valet.
09:41:56 I think being allowed to count it as part of
09:41:59 required parking is good, but ultimately, we have
09:42:02 to make a fact-based decision about what the
09:42:06 proper ratio is.
09:42:07 And in some neighborhoods on some corners, it's
09:42:10 going to be different than other places just based
09:42:12 on the geography.
09:42:13 It's not so much, I think -- I mean, maybe a hard
09:42:20 cap might be helpful, but it's very, very
09:42:24 important that we understand on each application
09:42:26 what the ratio is and what that means for the
09:42:29 surrounding neighborhood.
09:42:30 >>CATHERINE COYLE: Let me be clear, this is an
09:42:33 administrative context.
09:42:34 This is the normal procedure for parking in the
09:42:38 code.
09:42:38 Off-site parking is a normal administrative
09:42:40 process.
09:42:41 >>HARRY COHEN: You're satisfied there will be no
09:42:43 waiver and won't come to us at all.
09:42:45 >>CATHERINE COYLE: That's correct.
09:42:45 The way they are tracked now -- because off-site
09:42:48 parking actually is done administratively with the
09:42:49 leases.
09:42:50 That's one of the provisions you added in is that
09:42:53 they annually recertify the leases so we can start
09:42:56 tracking them and mapping them and not having
09:42:58 people double-dip on these lots.
09:43:00 The added bonus to that with the valet
09:43:04 requirements is the business operating permits for
09:43:05 the lots themselves and the operators that are
09:43:09 much easier to enforce.
09:43:11 You would be considering those facts in the
09:43:16 context of the zoning or especially use, but
09:43:19 really outside, like you would normally in an
09:43:21 alcohol case, if they are coming to you and
09:43:23 talking about leases or off-site parking and they
09:43:26 are asking for permission, it's because they
09:43:28 didn't meet the rule.
09:43:29 And if the rule doesn't have a hard number in
09:43:32 it --
09:43:33 >>HARRY COHEN: Because we can't give you a
09:43:36 direction to make a judgment, basically.
09:43:40 We have to either give you a hard-and-fast rule or
09:43:43 nothing.
09:43:43 >>CATHERINE COYLE: Yes.
09:43:45 Administratively, we need clear criteria.
09:43:47 I don't think necessarily it was ever your intent
09:43:51 to have 100% of someone's required parking
09:43:54 provided in valet.
09:43:55 It wasn't clearly directed, so it's silent on it.
09:44:01 I do think in all of these overlay districts and
09:44:04 all the older development patterns of the city, we
09:44:07 have different design regulations and we have
09:44:09 different parking allowances, we do have the
09:44:12 ability and we have historically looked at 10% or
09:44:15 20% waivers or offsets or reductions for shared
09:44:20 parking and redevelopment in general because of
09:44:22 the other design districts.
09:44:24 I wouldn't want to get much more than half of the
09:44:26 required parking somewhere else.
09:44:30 I wouldn't want to go to 100 personally, unless it
09:44:33 was some extreme circumstance, and that would come
09:44:36 to you.
09:44:37 That would be my recommendation, to keep it maybe
09:44:39 at 25% citywide outside of the core area, maybe
09:44:43 half.
09:44:44 >>HARRY COHEN: I definitely agree with your
09:44:50 recommendation regarding the distance limitation.
09:44:51 That's definitely a loophole that could cause
09:44:53 great problems if it gets through.
09:44:54 >>CATHERINE COYLE: Wouldn't necessarily be able to
09:44:54 say no and they be two miles away and it just
09:44:57 wouldn't work.
09:45:01 >>FRANK REDDICK: Ms. Capin.
09:45:03 >>YVONNE CAPIN: Yes, going back to the distance.
09:45:05 A mile is 5,280 feet.
09:45:07 >>CATHERINE COYLE: Correct.
09:45:09 >>YVONNE CAPIN: Quarter mile 1,320 feet.
09:45:11 Third of a mile is 1,760 or 30 feet.
09:45:18 Anyway, I lived on property, acres that my drive
09:45:23 was 1,000 feet.
09:45:25 That's quite a distance.
09:45:27 So 1,000, I think we need to -- I believe I agree
09:45:34 that has to be a requirement.
09:45:36 We need to know -- put a limit on that distance,
09:45:42 whatever it may be.
09:45:43 But 1,700 is quite a distance to go, but, of
09:45:47 course, they are young.
09:45:48 They run fast, whatever.
09:45:50 But it needs to have a limit.
09:45:53 I agree with you there.
09:45:54 >>CATHERINE COYLE: Reasonable choice probably
09:45:56 would be the 1320 because that's what we're
09:45:59 setting for, if you wanted to park off-site and
09:46:01 walk, that is the farthest we'll let that space
09:46:04 count as a standard space.
09:46:06 And maybe that would be the furthest valet --
09:46:10 >>YVONNE CAPIN: A quarter mile.
09:46:11 >>CATHERINE COYLE: Correct.
09:46:12 >>FRANK REDDICK: Mr. Miranda.
09:46:13 >>CHARLIE MIRANDA: Thank you, Chairman.
09:46:14 I stood by and listened, but government can't do
09:46:18 everything for everybody.
09:46:19 We're trying to ease things, and some of this was
09:46:21 done because of redaptive use of buildings that
09:46:24 have been here a long, long time.
09:46:26 We used to have a streetcar that would bring
09:46:29 people in and out.
09:46:30 But, examples were used that I cannot codify into
09:46:33 a single thought because if there is a bus stop
09:46:36 and bus carries 80 people and 400 people show up,
09:46:39 guess what, only the first 80 are going to get in.
09:46:42 So I understand what they're saying, but I don't
09:46:45 want government to get involved in running
09:46:47 people's businesses and making decisions.
09:46:49 We want to streamline government, not more
09:46:53 government.
09:46:53 And what I'm listening to, is if you buy a
09:46:57 building or own a building or lease a building,
09:46:59 that is your decision to make the time to purchase
09:47:01 or not to purchase what to do or not to do.
09:47:03 Not mine or not the government.
09:47:06 It's your money, your idealism, your freedom of
09:47:09 right to do what you want to do.
09:47:11 But for them to say you buy something or going to
09:47:13 lease something and you made a mistake and you
09:47:14 want me to fix it, I'm not involved in that.
09:47:18 I think 1320 feet, and I agree with the valet
09:47:24 portion of it, that the valet situation if it's
09:47:24 moot.
09:47:25 It could be 5 miles or 50 miles away and legally
09:47:29 it meets the requirement because it's moot.
09:47:31 I agree that some items should be put into that
09:47:33 ordinance where no greater than the distance that
09:47:37 you're requiring anyone else.
09:47:39 You know, if you think it's bad now, wait for 20
09:47:43 years from now when we have an additional 400,000
09:47:49 people move into the county and then you'll see
09:47:51 what happens.
09:47:52 If we do nothing for transportation, then you can
09:47:55 remember what's being discussed today.
09:47:58 Do we have adequate water?
09:48:00 Do we have adequate sewer?
09:48:02 We do not have adequate transit.
09:48:04 I'm not talking about building roads.
09:48:06 The more roads you build, the more cars you're
09:48:08 going to sell.
09:48:09 You better bite the bullet now while there's no
09:48:12 gunpowder behind the bullet.
09:48:14 I'm talking about the principles of operating a
09:48:19 business, and government is a business to an
09:48:22 extent.
09:48:23 The services you give and pay your taxes, what you
09:48:25 get back for.
09:48:26 I appreciate very much, Mr. Chairman.
09:48:32 >>HARRY COHEN: I have a quick follow-up question
09:48:34 to what I was asking earlier.
09:48:36 Let's say somebody comes in for a waiver because
09:48:40 they are required to have 50 spaces, and they come
09:48:42 in and they've got 45.
09:48:44 Am I going to know that all those spaces are valet
09:48:50 or half of them are valet?
09:48:53 What type of breakdown am I going to have when I'm
09:48:55 making that decision?
09:48:57 I'll be able to look at the site plan.
09:49:02 I guess I can count the spaces.
09:49:04 Am I going to be able to understand the difference
09:49:05 in the staff report between somebody that has 45
09:49:08 spaces on-site and somebody that has 10 spaces
09:49:11 on-site and a valet lot a quarter of a mile away
09:49:15 with 35 spaces on it?
09:49:17 >>CATHERINE COYLE: Yes, it will always be captured
09:49:19 in the parking table whether a building permit
09:49:22 plan or site plan that comes to you where it will
09:49:25 spell out the uses and tell you whether or not
09:49:27 they have to comply with current code.
09:49:29 If they are not exempt for nonconformity or any
09:49:32 other reason, then it will spell out the exact
09:49:35 required spaces for each segment of that use and
09:49:38 give you a total.
09:49:38 Then it will tell you how many are provided
09:49:41 on-site and then it will break down how to provide
09:49:43 any others.
09:49:47 >>HARRY COHEN: If you institute a 25% cap of how
09:49:51 many or 50% cap, would that cap also apply when
09:49:56 someone is asking for a waiver in the sense that
09:49:58 would it say, this is the total number you can
09:50:03 consider to meet the requirement?
09:50:06 >>CATHERINE COYLE: It wouldn't be in the context
09:50:08 of a waiver, because if you waive it, it's not
09:50:10 required.
09:50:11 >>HARRY COHEN: I guess what I'm saying to me there
09:50:15 is a danger when we're evaluating the waivers that
09:50:19 we're not going to understand where the breakdown
09:50:22 is between the percentage threshold and not.
09:50:27 I may not be making this clear, but I know that
09:50:30 when this comes up, we're going to think we're
09:50:33 looking at one thing and then we'll find out we
09:50:35 approved it with five parking spaces and a bunch
09:50:38 of valet.
09:50:40 >>CATHERINE COYLE: The way that it's captured for
09:50:43 off-site parking either through a lease or in the
09:50:45 future context in a valet situation, is it would
09:50:48 all be done through alternative design inception.
09:50:50 It has its own record number and track.
09:50:53 What we'll start doing is the accounting behind
09:50:55 that.
09:50:55 So we don't wind up and ultimately map it so we
09:50:59 don't have people double-dipping on the parking
09:51:02 spaces or overlapping time in those spaces.
09:51:05 20 spaces over here that a valet company owns and
09:51:09 operates, they have now sold contract to five
09:51:11 businesses and sold 80 spaces.
09:51:13 Well, obviously, there's not 80 spaces there.
09:51:18 We'll be able to track that now.
09:51:20 Right now, the valet piece, we're blind to it
09:51:24 right now.
09:51:25 We don't have any tracking mechanisms.
09:51:27 That's one good reason to have it in here so we
09:51:29 can start keeping track of it.
09:51:31 Ultimately, we're setting minimum thresholds and
09:51:34 then creating kind of a menu of options for
09:51:38 compliance.
09:51:38 You as the business operator, pick and choose
09:51:41 which ones work for your situation.
09:51:43 Ultimately, if the valet company no longer works
09:51:48 for you or you lose your leases and no longer
09:51:50 comply with the parking requirement.
09:51:52 The previous speaker that owns that business on
09:51:55 Harbour Island is right, you are in zoning
09:51:57 violation.
09:51:58 Then you're running the risk of having serious
09:52:01 issues with code enforcement and other things.
09:52:06 >>FRANK REDDICK: Let me say, we have Mr. Suarez
09:52:08 and Mr. Miranda who want to speak next.
09:52:12 It seems like it has exceeded the five-minute time
09:52:17 limit we put on this.
09:52:19 We just had a workshop talking about this
09:52:23 five-minute duration.
09:52:24 If we need to move this to a workshop, then let's
09:52:28 do this, if necessary, because we are on a time
09:52:33 constraint today, and this is taking more time
09:52:36 than I anticipated.
09:52:36 Mr. Suarez.
09:52:37 >>MIKE SUAREZ: Thank you, chair.
09:52:39 You know, I've always been a proponent of trying
09:52:41 to put these type of things into business
09:52:44 regulation as opposed to zoning regulation, but
09:52:46 you confused me a little bit because you said it's
09:52:48 a zoning violation.
09:52:49 What is the enforcement mechanism for someone not
09:52:54 following the particular pattern concerning the
09:52:56 valet?
09:52:57 That's the really big issues, which is how do we
09:53:01 enforce it?
09:53:02 We can track it.
09:53:03 I think you mentioned it and been very clear about
09:53:05 it, but the enforcement part of it because it
09:53:07 doesn't go into the land use portion, correct?
09:53:09 >>CATHERINE COYLE: There are two different things
09:53:11 going on.
09:53:11 As the operator --
09:53:12 >>MIKE SUAREZ: Tell me about the one you just
09:53:14 mentioned.
09:53:15 >>CATHERINE COYLE: I run the restaurant and I have
09:53:17 38 spaces that I have on-site and I need 12 more
09:53:20 to meet code because I want to add a deck.
09:53:23 The only way I'll make it through building
09:53:25 permitting is to get those spaces.
09:53:27 Now I have a lease for six spots, 300 feet down,
09:53:31 and I've got a valet contract with one of these
09:53:34 folks out here that has a valid business operating
09:53:38 permit as an operator and they also have a valid
09:53:41 business operating permit on the lot.
09:53:43 It's not the one over here leased, it is a lot
09:53:46 that has spaces available.
09:53:48 Now I can say to the city, I can add my deck.
09:53:51 I can meet my parking.
09:53:53 It's at my risk to make sure I keep these
09:53:56 contracts and leases valid and I don't lose them,
09:53:58 because I'm telling the city, I'm meeting my
09:54:00 parking in this alternative way.
09:54:03 So as a business, the restaurant, if this valet
09:54:08 operator decides just to walk away and I lose that
09:54:12 contract for some reason or don't like working
09:54:14 with them anymore, I lose the spaces, now I'm at
09:54:17 risk, because now I have to find those other six
09:54:20 spaces, somewhere, somehow.
09:54:24 >>MIKE SUAREZ: Hang on a second.
09:54:25 Where is the enforcement mechanism for the
09:54:28 restaurant owner as opposed to the valet parking
09:54:32 owner?
09:54:33 Because I think that's where we are at.
09:54:34 The distinction is --
09:54:36 >>CATHERINE COYLE: The restaurant is a zoning
09:54:37 violation, land use violation, because it's their
09:54:40 parking -- their requirement to provide parking.
09:54:42 If the valet operator is doing something else, not
09:54:46 following the path he's supposed to follow, he
09:54:49 doesn't have the stand he's supposed to have, the
09:54:54 number of attendants, not following the business
09:54:56 operating requirements, we'll pull his permit and
09:54:58 he can't operate.
09:54:59 The ripple effect is that it could hurt the
09:55:03 business, the restaurant.
09:55:05 We've pulled their business operating permit, and
09:55:07 now this guy over here doesn't have a valet
09:55:10 company any more to use.
09:55:13 >>MIKE SUAREZ: We understand the risk you have
09:55:14 when you have a business, whenever you deal with
09:55:16 someone, that they are dealing both legally and
09:55:19 within the regulations that are put forth by the
09:55:21 city.
09:55:23 It's a pretty simple process.
09:55:24 >>CATHERINE COYLE: We don't get in the middle of
09:55:27 that.
09:55:27 >>MIKE SUAREZ: I understand that.
09:55:29 The point I'm making is that I'm still a little
09:55:32 bit unclear how the land use portion of it gets
09:55:36 cited because of a business use problem that they
09:55:40 have with the other business.
09:55:42 That's where my confusion is in terms of the
09:55:49 enforcement of the land use.
09:55:50 We have always through our land use hearings said
09:55:53 that someone will put a permit or a lease saying
09:55:55 that I'm providing X number of spaces, and we
09:55:57 haven't been able to enforce those very well.
09:56:00 That's where my disconnect is right now with this.
09:56:03 So I need to -- I need to understand that.
09:56:06 I understand the business use portion of it, but
09:56:08 the land use portion is what I don't get.
09:56:11 >>CATHERINE COYLE: That has really not changed.
09:56:13 >>MIKE SUAREZ: Okay.
09:56:14 That's what I was asking.
09:56:15 I wanted to make sure, because you made a comment
09:56:17 that it was a zoning violation.
09:56:21 >>CATHERINE COYLE: It would be.
09:56:23 >>MIKE SUAREZ: I understand.
09:56:24 But I mean it doesn't go into the land use portion
09:56:27 of it.
09:56:27 That's what I wanted to be clear on.
09:56:28 >>CATHERINE COYLE: The zoning violation is a --
09:56:31 violation of the land use permit.
09:56:33 >>MIKE SUAREZ: The question is, why haven't we
09:56:35 been dealing with that previously?
09:56:37 >>CATHERINE COYLE: Well, that side of it is purely
09:56:41 complaint based at this point.
09:56:42 And we don't have a mechanism to track.
09:56:44 >>MIKE SUAREZ: The change no longer complaint
09:56:46 based will be proactive on our side.
09:56:48 >>CATHERINE COYLE: They have to annually recertify
09:56:51 leases and valet.
09:56:52 The uses using these things, so if they don't
09:56:55 recertify or if they come back in and only certify
09:56:59 one and now they are short, they are in violation
09:57:01 and we can start a complaint right away.
09:57:04 We'll see it more directly.
09:57:05 >>MIKE SUAREZ: I want to make sure we're clear
09:57:07 about it.
09:57:08 The idea is because it's complaint based on the
09:57:10 parking now, there really is no enforcement
09:57:12 mechanism that we have had that has worked well
09:57:14 with all the other land use decisions that we've
09:57:16 made in the past.
09:57:17 That's the only thing I want to be clear about.
09:57:19 >>CHARLIE MIRANDA: Thank you, Chairman.
09:57:22 This hasn't been in effect for the last hundred
09:57:22 years.
09:57:25 This came up not too many years ago when the
09:57:28 leases started to comply with some regulations,
09:57:30 well, I have a lease.
09:57:31 That wasn't here 20 years ago or 10 years ago.
09:57:35 I think the last 5 years this came about when we
09:57:37 started hearing them.
09:57:38 At that time, I said something is going to happen,
09:57:40 and it's happening now.
09:57:42 We cannot be held responsible.
09:57:44 When we hear these things as a board and they come
09:57:46 and say we meet it because we have this lease, we
09:57:49 said then, what happens to that lease?
09:57:51 That's when the building regulation, you lose your
09:57:53 certification to do business came about.
09:57:56 We can't play both sides of the issue.
09:57:58 Only one side.
09:57:59 If you're smart enough or not smart enough and you
09:58:02 make that agreement, it ain't our responsibility.
09:58:04 You did it as an individual who thought you would
09:58:09 have it forever.
09:58:10 What I said earlier, the city is growing every
09:58:12 day.
09:58:13 The vacant lots will not be vacant, even if you
09:58:16 have a building that you think is a parking
09:58:17 garage, it may not be a parking garage tomorrow,
09:58:20 five years from now or ten years from now.
09:58:22 We tell the neighbors who come in objection to
09:58:24 this, they've met the qualification because they
09:58:27 have this lease.
09:58:28 I am not two-faced.
09:58:30 I can't tell the neighbors something and a
09:58:32 business owner something and do the same thing
09:58:34 again backwards.
09:58:35 I don't do business that way.
09:58:37 If you like me fine.
09:58:38 If you don't like me, that's fine, too.
09:58:40 I only tell you what I see in front of me.
09:58:44 I cannot be held responsible as a government for
09:58:45 what somebody signs and then they don't have in
09:58:48 the future because I made a commitment at the time
09:58:50 I voted something, and that's how I stand.
09:58:53 Thank you, Mr. Chairman.
09:58:55 >>CATHERINE COYLE: If I could to clarify --
09:58:57 >>HARRY COHEN: Let me actually stop for a second
09:59:00 and ask that we do this.
09:59:01 We have plenty of time on our workshop calendar on
09:59:03 the 25th of February.
09:59:04 If you can bring it back then with the changes
09:59:06 that we talked about today, we will not be under a
09:59:10 time constraint.
09:59:11 We can finish having this discussion.
09:59:13 That is a motion for February 25th at 9 a.m.
09:59:19 >>LISA MONTELIONE: We all second that.
09:59:20 >>FRANK REDDICK: Motion by Mr. Cohen.
09:59:23 Seconded by the Council.
09:59:24 Ms. Capin.
09:59:25 All those in favor, aye.
09:59:27 Opposed?
09:59:28 >>CATHERINE COYLE: Just for the public's purposes,
09:59:29 this means I will not be routeing it to the
09:59:32 Planning Commission for the March hearing.
09:59:35 >>FRANK REDDICK: Item number 4.
09:59:48 >>JULIA MANDELL: Julia Mandell, City Attorney.
09:59:51 As it relates to item number 4 which is whether or
09:59:53 not Florida statute 288.1166 regarding
09:59:58 professional sports facilities and using the sites
10:00:00 as homeless shelters is something that would apply
10:00:03 within the city limits and the arenas we have, I
10:00:09 would say this section does apply within the city
10:00:12 limits.
10:00:13 However, all of our -- Raymond James, the arena,
10:00:18 all of those professional sports stadiums are
10:00:20 owned by the county because during the process,
10:00:24 some period of time ago they had to change
10:00:28 ownership.
10:00:28 It would be up to the county to seek the
10:00:31 enforcement of this particular provision and
10:00:33 whether or not some of the exemptions would apply
10:00:37 would be up to the county in any given period of
10:00:40 time.
10:00:40 That is my report on that.
10:00:43 If there are any questions, I'm available.
10:00:47 >>LISA MONTELIONE: Ms. Mandell, you said the
10:00:48 provision does apply in the city limits even if
10:00:52 the facilities are owned by the county, don't we
10:00:57 enforce provisions within the city limits?
10:01:02 >>JULIA MANDELL: This is a Florida statute, which
10:01:04 the county either is obligated to comply with or
10:01:06 not given the fact that there's also some
10:01:09 exemptions to it, one, whether or not the facility
10:01:12 is otherwise contractually obligated for an event,
10:01:17 whether it's designated or used by the county as a
10:01:20 staging area on an individual basis depending on
10:01:22 the disaster.
10:01:23 County also owns and operates homeless assistance
10:01:26 shelters and the county determines there is
10:01:28 sufficient capacity, but each one of these would
10:01:30 be on an individualized emergency basis.
10:01:32 That's up to the county.
10:01:34 It's not something that the city would play any
10:01:36 part in.
10:01:36 Not only do we not own the facilities, it is
10:01:39 specifically provided for in Florida statutes that
10:01:42 is a county-run program.
10:01:44 I don't know what enforcement mechanism we would
10:01:49 even have is what I'm saying.
10:01:51 >>LISA MONTELIONE: But listening to what you're
10:01:53 saying is that these facilities are in the city
10:01:56 limits, just as if any other business is in the
10:01:59 city limits.
10:02:01 >>JULIA MANDELL: And if we have -- if the city has
10:02:04 a regulation in place and we need to enforce it
10:02:07 within our limits, we could.
10:02:09 This is a state statute that would be something
10:02:12 that is obligated for the county to comply with,
10:02:16 not for the city to comply with, nor can we
10:02:19 regulate it.
10:02:21 >>LISA MONTELIONE: Okay.
10:02:22 While I collect my thoughts and try and wrap my
10:02:25 head around this, Mr. Miranda seems to have --
10:02:28 >>CHARLIE MIRANDA: I don't have an answer to it,
10:02:29 but I think that was done primarily so that we --
10:02:31 at the time they were built, it was city land.
10:02:35 We conveyed it to the county so they wouldn't have
10:02:38 to pay ad valorem tax.
10:02:40 That's what it was all about and that's what
10:02:42 happens.
10:02:42 That's what I think happened if I remember.
10:02:45 >>JULIA MANDELL: I'm not sure who owns the
10:02:47 underlying fee to any particular items, but the
10:02:50 facilities in and of themselves you are correct.
10:02:52 At one point, if I recall correctly, the
10:02:57 facilities were all owned by the Port Authority
10:03:01 through different contractual agreements those had
10:03:06 to be turned over to the county for tax --
10:03:09 >>CHARLIE MIRANDA: I'm not disputing.
10:03:10 I'm just saying this.
10:03:11 We do these things.
10:03:12 Then they go to the legislature to get money to
10:03:15 maintain whatever it is.
10:03:16 Everybody has to maintain their own house.
10:03:18 I've got people who have no homes, but I can't
10:03:20 help them.
10:03:21 I understand that.
10:03:22 I don't appreciate it, but I understand it.
10:03:23 And that's just called politics.
10:03:26 And I didn't vote for it.
10:03:28 Thank you.
10:03:30 >>FRANK REDDICK: Councilwoman Montelione.
10:03:35 >>LISA MONTELIONE: You and I can have a discussion
10:03:37 about what you found outside of Council, and then
10:03:43 maybe I can figure out a way to work with the
10:03:45 county on this.
10:03:49 If it's a state statute and the facilities are
10:03:51 within the City of Tampa, aren't there other state
10:03:53 statutes that we enforce?
10:03:57 >>JULIA MANDELL: We enforce criminal statutes, but
10:04:00 through our authority under Florida statute --
10:04:04 >>LISA MONTELIONE: We don't have authority under
10:04:07 Florida statute to enforce this provision?
10:04:09 >>JULIA MANDELL: This is not one of those type of
10:04:11 provisions that there is an enforcement mechanism
10:04:12 to.
10:04:13 Certain statutes have enforcement mechanisms
10:04:15 associated with them and tell you the method under
10:04:18 which -- I mean -- go through a variety of them.
10:04:21 >>LISA MONTELIONE: No enforcement language within
10:04:24 the statute, it's assumed then it's voluntary?
10:04:28 >>JULIA MANDELL: I'm saying it -- the state has
10:04:31 authority to enforce it.
10:04:33 I don't believe the city would have any authority
10:04:34 to enforce it.
10:04:37 I don't believe we have a standing to enforce it.
10:04:39 It's not directed at the city.
10:04:40 It's not something that is intended to be directed
10:04:43 toward the city.
10:04:44 And we can talk about this more, but I don't see
10:04:48 that --
10:04:50 >>LISA MONTELIONE: The five-minute compact that we
10:04:52 made last week.
10:04:56 We'll get together and see and maybe talk with
10:05:02 Hillsborough County and even the management of the
10:05:05 stadiums that are within the City of Tampa and see
10:05:08 if we can find a way to reconcile this issue.
10:05:11 >>JULIA MANDELL: Just keep in mind, this is only
10:05:13 during the time declared federal, state and local
10:05:15 emergency.
10:05:23 >>LISA MONTELIONE: We know what happened during
10:05:25 hurricane Katrina when the super dome was packed
10:05:29 to its -- I shouldn't say packed to capacity,
10:05:32 because it was over capacity.
10:05:33 I remember I had a coworker whose sister was
10:05:38 there.
10:05:38 The news was reporting that nobody was there and
10:05:40 she, in fact, was there.
10:05:42 And the disaster happened of that.
10:05:46 So I want to make sure that we're ready and we're
10:05:49 able because storms are coming.
10:05:55 >>JULIA MANDELL: The other thing, too, this
10:05:57 certainly would be part of an emergency, the
10:06:00 county's emergency management plan, and they have
10:06:02 their own obligations for emergency management
10:06:05 planning, which would be inclusive of their
10:06:08 facilities, which would include the stadium.
10:06:10 >>LISA MONTELIONE: Thank you.
10:06:11 >>FRANK REDDICK: Any other questions or comments
10:06:12 from Council?
10:06:13 Thank you.
10:06:17 Item number 5.
10:06:19 >>JULIA MANDELL: Julia Mandell, City Attorney.
10:06:21 I'm asking Mr. Shelby to pass out a copy of the
10:06:25 state statutes related to the field regulations of
10:06:30 firearms and ammunitions.
10:06:32 I had asked for additional time for this because I
10:06:36 wanted to be able to look at and research myself
10:06:40 as to whether we could participate in the program
10:06:42 described earlier.
10:06:43 We find ourselves in the State of Florida as
10:06:46 municipalities and all local governments in a
10:06:53 unique position as it relates to any form of rule
10:06:55 or regulation of the sale, manufacture, transfer,
10:07:01 taxation, ownership, possession, storage or
10:07:08 transportation of firearms and ammunition, it is a
10:07:11 pure and complete and total preemption.
10:07:13 The state was making sure that no local government
10:07:16 did anything as it relates to this, it put a
10:07:19 provision in this particular Florida statute I've
10:07:21 passed out, which is 790.33 of Florida statutes,
10:07:25 which says, that if any city, town, or other local
10:07:29 government violates a section, the court will
10:07:32 declare the ordinance, regulation, or rule -- so
10:07:34 it's not just an ordinance or regulation, it goes
10:07:36 down to your policies and procedures -- invalid
10:07:39 and issue a permanent injunction.
10:07:41 Here's the part I find fascinating.
10:07:43 It is no defense that in enacting an ordinance,
10:07:46 regulation, or rule, the local government was
10:07:47 acting in good faith or upon advice of counsel.
10:07:52 Meaning even if I advised you that you could take
10:07:54 some action or another attorney could advise you,
10:07:58 it would not give you the protection you typically
10:07:58 would have.
10:07:59 In addition, the court -- I'm going to subsection
10:08:02 C.
10:08:02 If a court determines that a violation was knowing
10:08:05 and willful, the court shall accept a civil fine
10:08:09 of up to $5,000 against each elected or appointed
10:08:12 local government.
10:08:13 For taking an action that is a violation.
10:08:16 The state is not kidding.
10:08:18 You can't really do anything as it relates to any
10:08:21 form of rule regulation, how we process even
10:08:25 within our purchasing, which would need to come
10:08:30 back to you as an ordinance per our charter as it
10:08:33 relates to the sale, manufacture, transfer of
10:08:37 guns.
10:08:37 So I cannot advise that you can take any action as
10:08:40 requested to you under this program with the
10:08:43 following exception.
10:08:44 I understand the City Council may feel very
10:08:47 strongly about this particular issue.
10:08:48 I know it's a very significant issue all over the
10:08:52 State of Florida.
10:08:52 This City Council wanted to take a very carefully
10:08:56 crafted position as it relates to a resolution or
10:09:01 some other form of letter indicating your support
10:09:04 for this, I think that, as long as we assure it's
10:09:07 not going to the point of creating any kind of
10:09:09 rule or policy, that would be acceptable.
10:09:11 But I warn you that you are in a position with the
10:09:15 statute, which is the most strongly worded statute
10:09:18 as it relates to intervening in local home rule,
10:09:22 that there is in Florida statutes, that you could
10:09:25 see problems and the gun manufacturers are not
10:09:29 afraid to move forward on these things.
10:09:31 My only other statement that I wanted to remind
10:09:34 you of is you may have seen that we have been
10:09:36 going through the process of removing from your
10:09:38 codes of ordinances and from executive orders and
10:09:41 from any other rule or policy that we have in the
10:09:44 city, anything that even comes close to being in
10:09:48 the realm of regulation, rules or procedures
10:09:52 relating to guns and manufacture of guns and
10:09:54 ammunition so that we don't have a situation that
10:10:00 would cause any type of fines to come upon not
10:10:03 just the city as a whole but individual members.
10:10:06 So I handed that out to you, and I just wanted to
10:10:09 let you know where we are on this.
10:10:13 >>FRANK REDDICK: Ms. Capin.
10:10:14 >>YVONNE CAPIN: You read up to $5,000 against each
10:10:20 elected.
10:10:20 It does not say each, it says against the elected
10:10:23 or appointed local government.
10:10:25 >>JULIA MANDELL: Official or officials.
10:10:27 You're right.
10:10:29 I was paraphrasing.
10:10:30 Or officials, yes.
10:10:33 I'm sorry.
10:10:35 I was paraphrasing.
10:10:37 It is very specific.
10:10:39 We intended to place all manner of local
10:10:43 governments in the position and the knowledge that
10:10:46 not only are you preempted from any action related
10:10:49 to guns or ammunition, but you could be put in the
10:10:54 position of having some form of personal liability
10:10:59 in your official capacity -- it might not be
10:11:04 personal to you --
10:11:04 >>YVONNE CAPIN: I understand, but I think we
10:11:06 probably would be able to come up with the money.
10:11:09 Here is the next thing.
10:11:11 I want to move a resolution.
10:11:14 I would like for our legal staff, along with our
10:11:19 City Council attorney to draft a resolution
10:11:26 stating the support -- following what you -- your
10:11:32 recommendation is what I would like to make a
10:11:34 motion that we follow.
10:11:37 >>FRANK REDDICK: We still have some discussion.
10:11:43 >>HARRY COHEN: If you don't mind, I want to ask
10:11:46 you a couple of questions.
10:11:47 First of all, my read of this is that it is not
10:11:51 violative of statute because it doesn't bind us to
10:11:56 doing anything other than as far as I can tell
10:11:58 asking questions, which I can't imagine how asking
10:12:00 questions alone could be somehow against the law.
10:12:05 The other thing I want to just point out is the
10:12:08 city of Pembroke Pines, which is one of the ten
10:12:10 largest cities in the State of Florida, has
10:12:12 already signed on to this program.
10:12:13 Unless they've faced some kind of legal sanction
10:12:20 as a result of it, I would be sort of interested
10:12:23 to know that.
10:12:24 The second thing I was going to say, I think a
10:12:27 resolution is exactly the appropriate thing to do
10:12:30 at this point, a resolution of support.
10:12:32 It certainly speaks to our concern about the
10:12:38 issue, and I don't think it takes us a step
10:12:41 further that even really brings up the issue.
10:12:47 I think a resolution of support is simply a
10:12:49 statement by the Council that we are concerned
10:12:53 about the issue and that we applaud and support
10:12:56 efforts to ask questions of gun manufacturers
10:13:00 about what their policies are.
10:13:08 That's as far as I can tell the only thing that
10:13:10 this group is doing right now.
10:13:11 One of things I asked some questions about in the
10:13:13 interim since I made the motion to bring this up
10:13:15 was what the group is actually doing?
10:13:17 My understanding is that at this point all they
10:13:19 are doing is asking questions.
10:13:21 And I just don't see how that is violative of
10:13:25 anything, but I do agree that is a resolution is
10:13:27 the correct way to go.
10:13:30 >>YVONNE CAPIN: If you would like to, I will pass
10:13:32 the motion to you and I will second it.
10:13:34 >>HARRY COHEN: Thank you.
10:13:35 No, I appreciate that very much.
10:13:36 Before we continue the discussion, I would make a
10:13:41 motion for a resolution in support of do not stand
10:13:43 idly by.
10:13:44 >>MIKE SUAREZ: Thank you, chair.
10:13:46 Ms. Mandell, not only is your advice only as good
10:13:49 as this paper, unfortunately, based on their
10:13:51 statute, I find it flies in the face of what the
10:13:56 rights of a local government are, regardless of
10:13:58 the preemption.
10:13:59 The preemption primarily, the way I read the bill
10:14:04 is that the statute is there specifically to keep
10:14:08 local governments from restricting individual
10:14:10 rights in terms of their right to bear arms.
10:14:16 Their right for other uses, that the state would
10:14:18 be the only regulatory and the federal government
10:14:20 the only regulatory means in which any control can
10:14:24 be on.
10:14:25 So we went back -- the argument back during the
10:14:28 Republican National Convention when we wanted to
10:14:31 extend where firearms could be carried into the
10:14:35 city.
10:14:35 It was preempted by an executive order, if I
10:14:38 recall correctly concerning the governor made it
10:14:41 so that it was allowed within a particular range.
10:14:46 This, don't stand idly by, I don't think, as
10:14:49 Mr. Cohen eloquently said, doesn't go to that
10:14:52 individual ownership portion of it.
10:14:54 It is our purchasing power as a city that we can
10:14:58 ask these questions of gun manufacturers.
10:15:00 I still think we have the right to buy guns from
10:15:03 whoever we want to buy guns from for our police
10:15:07 officers.
10:15:07 And I think that this is extremely broad.
10:15:11 Don't get me wrong.
10:15:13 I understand where you are going because this is
10:15:14 extremely broad in terms of how it affects us.
10:15:16 I think the point Mr. Cohen made in terms of what
10:15:21 Pembroke Pines is doing, and I assume there are no
10:15:25 legal cases against ---
10:15:26 >>JULIA MANDELL: I'm not aware of any.
10:15:28 >>MIKE SUAREZ: I think that the resolution is
10:15:29 proper in terms of going forward.
10:15:30 Because I think our argument should be, we still
10:15:32 have purchasing power to decide who we want to do
10:15:34 business with regardless of what the statute says,
10:15:37 because we're not restricting the use of guns
10:15:39 within our jurisdiction that flies in the face of
10:15:41 the statute.
10:15:42 We are not restricting ownership of guns which
10:15:44 would fly in the face of the restriction in the
10:15:47 statute.
10:15:47 All we are doing is saying, who do we want to buy
10:15:50 guns from?
10:15:51 Who do we want to do business with?
10:15:54 If they think they can pass a statute that will
10:15:56 restrict us on who we can buy guns from, let them
10:16:00 try.
10:16:02 Thank you, Mr. Chair.
10:16:03 >>FRANK REDDICK: Mr. Miranda, you want to be
10:16:05 recognized?
10:16:05 >>CHARLIE MIRANDA: No, sir.
10:16:07 >>FRANK REDDICK: Ms. Montelione.
10:16:09 >>LISA MONTELIONE: Thank you.
10:16:09 I was looking for a sheet of paper I had.
10:16:11 I spent two days in Tallahassee with the Florida
10:16:13 league of cities.
10:16:15 And the league -- ears popped up because she
10:16:21 passes a lot of information to us from the
10:16:23 league -- and preemption is a huge issue for the
10:16:27 Florida league of cities.
10:16:29 Almost every talking point and every legislator
10:16:33 that we visited, it was because of a preemption
10:16:37 issue.
10:16:37 So I agree with Mr. Suarez about the purchasing
10:16:45 power.
10:16:45 Yes, we're preempted from doing any kind of
10:16:50 passage of restrictions or anything else when it
10:16:53 comes to firearms, but we can choose to do
10:17:00 business with those manufacturers that may have
10:17:05 more progressive safety issues at their core of
10:17:10 business.
10:17:11 I don't have all the information, and I welcome
10:17:15 people who -- it's a very hot topic, especially
10:17:20 now, because campus carry is moving through the
10:17:23 Florida legislature and open carry is moving
10:17:25 through the Florida legislature.
10:17:26 And after dinner just for kicks and giggles, I
10:17:29 went to watch in the gallery the discussion.
10:17:33 There were only about six people in the gallery
10:17:35 watching the discussion, which is interesting that
10:17:38 there's not a lot of people showing up to hear
10:17:42 what their legislators are saying about these
10:17:45 issues.
10:17:45 Our chief of police is here and I'm wondering if
10:17:53 there's some way he can work with the purchasing
10:17:56 department and identify which of those companies
10:17:58 we're buying our weapons from and to sort out for
10:18:04 us which of those companies are falling on the
10:18:09 more responsible side.
10:18:14 >>JULIA MANDELL: Certainly, and the chief can get
10:18:16 up and speak --
10:18:18 >>LISA MONTELIONE: I know he wasn't prepared for
10:18:20 that question.
10:18:21 He was here for something else.
10:18:22 >>JULIA MANDELL: Certainly, we can get you that
10:18:24 level of information.
10:18:25 I understand what you're saying.
10:18:26 It doesn't feel very good to know it could be read
10:18:29 in the way I described it, but I also can't make
10:18:32 promises it won't be.
10:18:33 What I can say is I think probably the first step
10:18:35 moving forward with a resolution as we described
10:18:36 is probably a good first step and allow us to
10:18:39 continue to watch it.
10:18:40 >>FRANK REDDICK: All right.
10:18:42 Chief.
10:18:43 >> Good morning.
10:18:44 Most of our firearms are purchased through Smith
10:18:46 and Wesson.
10:18:48 To speak specifically on what items they have in
10:18:51 place that were addressed today, I couldn't
10:18:54 address that.
10:18:55 I'd have to contact and see where they are at in
10:18:58 that process.
10:18:58 I know a lot of the manufacturers are moving in
10:19:00 that direction.
10:19:01 But as speaks to where they are at in the
10:19:04 process --
10:19:06 >>FRANK REDDICK: Please state your name for the
10:19:08 record.
10:19:08 We know you.
10:19:09 We need you to state your name for the record.
10:19:13 >> Chief Eric Ward, City of Tampa Police
10:19:14 Department.
10:19:18 >>LISA MONTELIONE: Thank you, chief.
10:19:19 I think we as individuals make a choice when we
10:19:25 are using our purchasing power.
10:19:28 We choose to buy organic vegetables or choose to
10:19:33 buy cars made in America.
10:19:35 We can use our purchasing power to, quote,
10:19:38 unquote, vote with our dollar.
10:19:41 And I think that's something that we can do before
10:19:44 we get preempted from that as well.
10:19:47 >>FRANK REDDICK: All right.
10:19:47 We have a motion from Mr. Cohen.
10:19:50 Seconded by Ms. Capin.
10:19:51 Any further discussion of the motion?
10:19:54 >>THE CLERK: [INAUDIBLE]
10:19:56 >>HARRY COHEN: The motion is that, as for what I
10:19:58 think the City Attorney thought was a prudent way
10:20:03 to go, we are going to have a resolution of
10:20:05 support for don't stand idly by and express our
10:20:11 interest in using our purchasing power wisely.
10:20:20 >> Is it possible to have that March 3rd?
10:20:23 >>HARRY COHEN: If we would like to have the
10:20:24 resolution written so we can vote on the exact
10:20:26 language, I think that would be fine.
10:20:28 March 3rd at 9 a.m.
10:20:32 >>FRANK REDDICK: Let me ask you this question.
10:20:34 Where is the resolution going to?
10:20:36 Who will receive this resolution?
10:20:39 >>HARRY COHEN: Well, normally the resolutions are
10:20:41 just a public statement of support, but it would
10:20:45 go to the --
10:20:53 >> [not speaking into a microphone]
10:20:54 >>HARRY COHEN: We would send a copy to don't stand
10:20:57 idly by and publicize it as well as the U.S.
10:21:00 conference of mayors who have spoken out in
10:21:02 support of this program.
10:21:03 >>FRANK REDDICK: We have a motion from Mr. Cohen.
10:21:05 Seconded by Ms. Capin.
10:21:07 Any further discussion?
10:21:08 All in favor, aye.
10:21:09 Those opposed?
10:21:10 The motion carries.
10:21:11 Thank you.
10:21:11 Chief, item number 6.
10:21:22 >> Bring you up to speed on a report by DOJ.
10:21:27 Made numerous calls, get a time line on where they
10:21:30 would be with the completion of their report.
10:21:32 As of last week, the second draft was completed.
10:21:36 It was submitted for review and they could not
10:21:38 give me a final deadline as to when it would be
10:21:42 released.
10:21:43 It goes up through whatever process they have.
10:21:45 Gets approved and then it gets released but they
10:21:49 couldn't give me a definite time line.
10:21:56 >>LISA MONTELIONE: Thank you.
10:21:58 Since it's only a draft report, I'm assuming you
10:22:00 were not provided a copy of the draft.
10:22:02 >> Absolutely not.
10:22:04 >>LISA MONTELIONE: Doesn't hurt to ask.
10:22:06 The original date when the DOJ estimated that we
10:22:12 would be receiving it, I thought it was the end of
10:22:16 December, is that correct?
10:22:22 >>ERIC WARD: It was the end of December.
10:22:22 But since December, they requested additional
10:22:24 information.
10:22:25 They requested additional information as far as
10:22:32 statistical data that involves stops and citations
10:22:35 and any additional information broken down for
10:22:37 them.
10:22:38 We provided them information.
10:22:39 Went into the second draft for resubmission.
10:22:44 >>LISA MONTELIONE: This is February.
10:22:47 We'll check back with you in about 60 days.
10:22:50 >>ERIC WARD: Hopefully it will be completed soon.
10:22:52 I, like you, was told it would be finished in
10:22:55 December, and then again in early January, and now
10:22:58 we're in February.
10:23:00 I can't control that process.
10:23:02 >>LISA MONTELIONE: I don't know what the proper
10:23:04 thing.
10:23:05 Should we continue this item for 60 days and have
10:23:07 the chief come back and let us know to present the
10:23:09 report?
10:23:10 If he's received it within 60 days?
10:23:15 >> I suspect once the chief receives the report,
10:23:17 you'll know it immediately and governor your
10:23:21 actions accordingly.
10:23:23 >>LISA MONTELIONE: It has happened that it's been
10:23:25 released to the media before we've gotten a chance
10:23:28 to see it.
10:23:29 What I would like to do is ask the chief to
10:23:36 provide us that report right away.
10:23:40 If we can put a place holder on the calendar for
10:23:43 60 days to have him come back and discuss the
10:23:46 results of the report.
10:23:47 That would be April 7th at 9 a.m.
10:23:51 >>YVONNE CAPIN: If that is a motion, I'll second
10:23:54 it.
10:23:54 And a friendly.
10:24:01 If I understand it, we're asking to be notified
10:24:03 immediately.
10:24:04 >>LISA MONTELIONE: Yes.
10:24:05 >>YVONNE CAPIN: Upon the chief receiving it, and
10:24:07 then it comes right to us.
10:24:10 Then we're going to have a public --
10:24:15 >>LISA MONTELIONE: There are two parts to the
10:24:17 motion.
10:24:17 That we receive the report as soon as the chief
10:24:20 receives the report in his office.
10:24:24 The second part of that motion would be for him to
10:24:26 come back in April to discuss the results.
10:24:29 >>YVONNE CAPIN: The report will be coming to you,
10:24:31 not to the Mayor or does it come to you?
10:24:35 >>ERIC WARD: To me.
10:24:36 >>YVONNE CAPIN: Okay.
10:24:37 My second stands.
10:24:38 >>LISA MONTELIONE: Okay, great.
10:24:39 >>FRANK REDDICK: Is that for me to interpret
10:24:41 before your PR person release it, we will get it?
10:24:44 Is that part of the motion?
10:24:47 >>LISA MONTELIONE: Yes.
10:24:50 >>YVONNE CAPIN: And I agree to that amendment.
10:24:51 >>FRANK REDDICK: We have a motion from
10:24:53 Ms. Montelione, seconded by Ms. Capin.
10:24:55 Any further discussion of the motion?
10:24:56 All right, chief.
10:24:59 All in favor of the motion, aye.
10:25:05 Opposed?
10:25:06 All right.
10:25:07 Thank you.
10:25:07 Chief, you still up there.
10:25:09 Item number 7.
10:25:10 >>ERIC WARD: Item number 7.
10:25:13 Basically, this is to give you an update on what
10:25:15 we have done in 2005.
10:25:19 We've passed out material pertaining to bike
10:25:22 safety, pedestrian safety at over five community
10:25:32 events in 2015.
10:25:33 Issued more than 1,000 bike lights at these
10:25:37 functions.
10:25:38 During our winter safety land event we had in
10:25:42 Copeland Park, over two dozen bicycles that we
10:25:45 equipped with bicycle lights as well as helmets.
10:25:49 Engaged in over 300 people that were attending
10:25:51 this event, providing the same material as far as
10:25:55 bike safety.
10:25:57 We installed during that event over 75 bicycle
10:26:00 lights.
10:26:03 >>FRANK REDDICK: Ms. Montelione.
10:26:04 >>LISA MONTELIONE: Thank you.
10:26:05 Chief Ward, when we initially had the news come to
10:26:11 us about the bicycle tickets that were being
10:26:13 issued, we had many lengthy discussions about that
10:26:17 subject, and one of the discussions we had was
10:26:21 about not just outreach and passing out pamphlets
10:26:26 and flyers, but I believe you had indicated
10:26:29 whether it be in this forum or personally to each
10:26:34 of us a commitment to engage the youth.
10:26:37 So more than just having the education piece, that
10:26:44 they would be -- I think you and I discussed or
10:26:48 chief O'Connor and I discussed a big brothers, big
10:26:51 sisters type program mentoring program, having the
10:26:55 officers engage one on one with children in our
10:26:59 community and teenagers in our community.
10:27:01 I know I've discussed it with major burkhall.
10:27:09 So that's kind of where I was going with this.
10:27:11 What programs are being instituted or looked into
10:27:14 to further mentor our children in our community
10:27:19 and improve the relationship between police
10:27:23 officers and the citizens in our community no
10:27:25 matter what age?
10:27:29 >>ERIC WARD: Between our power program and our
10:27:31 RICH house programs, the one in Sulphur Springs
10:27:35 and Robles Park, we serve approximately 158 kids
10:27:38 daily providing that same information and
10:27:40 reinforcement that teen mentor building.
10:27:42 Through our SRO program, we participated in NOPE,
10:27:48 narcotics overdose prevention education program,
10:27:51 at Middleton High School alone, we reached over
10:27:54 1400 students providing that information,
10:27:56 continuing to build that bond.
10:27:58 New youth programs that we're starting through
10:28:04 Hillsborough County schools, our ambassadors for
10:28:05 ambition program.
10:28:07 What we've done is got a group of fraternities,
10:28:11 Latino and African-American fraternities and
10:28:14 started a mentorship program with them through
10:28:16 Hillsborough County schools to reach some of our
10:28:18 high school students that are pursuing college
10:28:22 education.
10:28:22 That's a process that we want to start.
10:28:24 It should launch in the spring of 2016.
10:28:27 Our summer programs, which we place the taps
10:28:30 program is our teen force program, which we take
10:28:34 some of our SROs during the summer and
10:28:37 supplement the M and I program --
10:28:40 >>LISA MONTELIONE: Can you for the public say what
10:28:42 an SRO is?
10:28:43 We know what an SRO is.
10:28:46 >> School resource officers.
10:28:47 The marine institute program, where we run our
10:28:51 taps program, through funding restrictions, there
10:28:55 was no money basically to fund the program, so we
10:28:57 started our own program, which we titled teen
10:29:00 force which takes the SROs during the summer and
10:29:02 put them into the same environment so they are
10:29:04 building the relationship with those kids.
10:29:06 These are typically at-risk kids that have
10:29:08 criminal backgrounds or criminal records, and they
10:29:11 work primarily one on one with these kids
10:29:13 throughout the program to ensure a successful
10:29:16 completion of the program, and introducing them
10:29:18 back into the mainstream of our school
10:29:20 environment.
10:29:21 We also continue to promote our teen academy.
10:29:29 Last year, we sponsored approximately 25 students,
10:29:33 eight different high schools.
10:29:34 We took them through the program similar to the
10:29:40 academy.
10:29:40 They learned all the steps of law enforcement from
10:29:43 patrol work through interaction with our
10:29:45 community, biking initiatives as well.
10:29:47 That was one of the programs where we started and
10:29:50 at the end of graduation, they are presented with
10:29:52 a gift, which is an iPad, which helps them,
10:29:57 those kids that don't have computers at home, give
10:30:00 them the ability to get on the Internet and do
10:30:02 research.
10:30:02 Last was the stay and play program that the Mayor
10:30:06 instituted last summer.
10:30:09 Keeping our parks open until midnight.
10:30:11 >>LISA MONTELIONE: Is that continuing?
10:30:12 >>ERIC WARD: Yes.
10:30:13 As long as he wants to fund it.
10:30:17 >>LISA MONTELIONE: Got it.
10:30:18 Thank you.
10:30:21 >>YVONNE CAPIN: I think it's funded by us.
10:30:25 We approve it, let's put it that way.
10:30:27 No.
10:30:30 That was it.
10:30:31 >>FRANK REDDICK: Chief, let me give an
10:30:35 observation.
10:30:37 The city received a lot of negative publicity
10:30:40 pertaining to the bicycle ticketing and we're
10:30:43 striving to make progress in reference to that.
10:30:45 Another report come out about the seat belt, that
10:30:49 the city has issued a large number of seat belt
10:30:52 tickets to African-Americans.
10:30:55 Can you imagine the perception of how it's being
10:30:59 portrayed throughout the city and throughout the
10:31:02 state?
10:31:04 We clear one hurdle and then we get an
10:31:08 investigative report that there's another hurdle.
10:31:13 Particularly disturbing to me that so much focus
10:31:16 and emphasis being placed in the African-American
10:31:19 community.
10:31:20 About the bicycles, now about seat belt ticketing.
10:31:23 I understand the public safety issue, but public
10:31:27 safety problems all over the city and not
10:31:31 dominated from one segment of the community, and
10:31:34 that's the African-American community.
10:31:35 So I know we didn't call you here to discuss that,
10:31:40 but while you're here, I'm raising the issue.
10:31:44 Bother me to pick up the newspaper and see that
10:31:46 another investigation is being done, Miami and
10:31:49 Tampa lead in ticketing African-Americans with
10:31:55 seat belts.
10:31:55 Can you respond to that?
10:31:57 >>ERIC WARD: I think we're talking about the same
10:31:59 issue which is in general ticketing.
10:32:01 If we pursue the biking issue, now seat belts, we
10:32:06 can go down each statute involving traffic
10:32:10 enforcement and make another story.
10:32:12 We addressed this one issue, ticketing in general.
10:32:15 We're focused on it.
10:32:16 The officers understand our philosophy in
10:32:18 policing.
10:32:19 Our first priority is education, and we're moving
10:32:22 forward from there.
10:32:22 I mean, this is something we can break it down
10:32:25 every single statute and make another story, we
10:32:28 address the main issue, which is the ticketing
10:32:30 itself and we're moving forward.
10:32:31 >>FRANK REDDICK: Okay.
10:32:32 Thank you.
10:32:32 Any other questions from Council or comments?
10:32:38 >>LISA MONTELIONE: How do I get a RICH house in my
10:32:42 neighborhood between -- west of 30th Street,
10:32:44 south of Nebraska, between Busch and Fowler?
10:32:47 Because I've been asking for five years.
10:32:49 The area could really use some help.
10:32:56 We have a lot of attention in Sulphur Springs.
10:32:59 Hillsborough County puts a lot of attention in the
10:33:00 unincorporated area northwest of the university.
10:33:03 But the area in between really doesn't get a lot
10:33:05 of attention.
10:33:06 I think Councilman Reddick is shaking his head in
10:33:10 agreement.
10:33:11 Whatever we need to do, I would really like to
10:33:14 start the process of looking seriously at another
10:33:18 rich house in that area.
10:33:22 >>ERIC WARD: Pretty much the way the steps work,
10:33:25 one, we have to find the property.
10:33:26 >>LISA MONTELIONE: Properties that were
10:33:28 foreclosed.
10:33:29 >>ERIC WARD: If the city doesn't own it, they have
10:33:31 to agree to purchase it and then they have to
10:33:34 agree to restore it.
10:33:35 That involves dollars.
10:33:37 After that is done, then we supply the manpower
10:33:42 basically to facilitate that need.
10:33:45 >>LISA MONTELIONE: Quite some time ago, your
10:33:47 predecessors and those that were in the ranks know
10:33:52 that I located several foreclosed properties that
10:33:54 were owned by local banks and had even made the
10:33:58 offer to go and approach those banks to donate
10:34:00 those properties because they are foreclosed.
10:34:05 They are hard to unload.
10:34:07 It's not a great neighborhood.
10:34:09 I'm sure the banks would rather give it to us than
10:34:11 deal with it.
10:34:13 Nothing ever happened.
10:34:14 Then I'm told it is the personnel piece.
10:34:16 So I really want to get -- I really want to get
10:34:19 this moving because these kids in that
10:34:24 neighborhood don't have a lot of options.
10:34:26 They really don't.
10:34:27 And crossing Busch Boulevard to go to Sulphur
10:34:30 Springs where we have a tremendous community
10:34:34 center, where they have lots of recreational
10:34:35 options, where, you know, after school they can do
10:34:39 things, you have to cross Busch Boulevard.
10:34:41 And you know what happens when young children try
10:34:44 to cross Busch Boulevard on their own.
10:34:46 It's not always a happy ending.
10:34:49 I really like to see that process get started once
10:34:53 again in that neighborhood.
10:34:54 Thank you.
10:34:56 >>FRANK REDDICK: Thank you, chief.
10:34:57 Item number 8.
10:34:58 Ms. Mandell, I think you wanted to say something
10:35:05 about this.
10:35:08 >>JULIA MANDELL: Oh, we're on item number 8.
10:35:11 Julia Mandell, City Attorney.
10:35:13 This item has been on your agenda for some period
10:35:15 of time.
10:35:15 I consistently ask for continuances because we do
10:35:19 have pending litigation.
10:35:22 While I would say to you we still have pending
10:35:24 litigation, our case is in the county court.
10:35:26 We're still waiting for a judicial decision on, so
10:35:29 I would obviously not be in a position to talk
10:35:32 about those.
10:35:32 Our federal cases that have been part of the
10:35:35 bigger set of litigation that's been happening all
10:35:38 over the state, while that case is in a stay mode
10:35:43 pending the outcome of some cases that are now
10:35:46 pending third district court of appeals and the
10:35:49 second district court of appeals, again, that case
10:35:51 still stands on its own merits, and I do still
10:35:54 have concerns about having any public conversation
10:35:56 as it relates to the red light camera program as a
10:35:59 result of that case as well.
10:36:00 But what I did at least want to do is inform you
10:36:03 of that on the record as opposed to asking for the
10:36:05 continuance and let you know as soon as we have
10:36:07 movement on that, I will go ahead and send you a
10:36:10 memo and at least let you know where we are in the
10:36:12 litigation.
10:36:13 I also know there has been in some of your
10:36:16 previous discussions, conversations about the
10:36:19 state of the current contract.
10:36:21 It's not really part of this, but it's a little
10:36:23 bit part of this agenda item, so I figured I would
10:36:26 go ahead and bring that up with you.
10:36:28 I had previously provided all of you, and I made
10:36:30 sure with your aides yesterday and I hope you made
10:36:33 sure with your aides yesterday that you had copies
10:36:35 of the existing contract.
10:36:37 As far as I know, there are at this moment in time
10:36:41 no existing negotiations on those contracts that
10:36:43 are happening.
10:36:45 Right now, the contract I believe is up at the end
10:36:47 of April, so we will need to make some decisions
10:36:50 on that.
10:36:51 It is my intent to vet individualized meetings
10:36:56 with all of you to discuss that and where we are
10:36:59 and where we think, you know, we can move forward
10:37:01 on that.
10:37:03 I haven't set those meetings up yet, but it's my
10:37:05 intent to set those meetings up with you
10:37:07 individually.
10:37:08 Typically, we also don't have contract negotiation
10:37:12 points done on the record so I at least wanted to
10:37:15 have that conversation with you individually as we
10:37:17 move forward and the process of looking at whether
10:37:21 or not we should be extending the contracts.
10:37:26 >>FRANK REDDICK: Ms. Capin.
10:37:27 >>YVONNE CAPIN: Thank you for bringing that up
10:37:29 because there will be public conversation about
10:37:30 that contract.
10:37:32 >>JULIA MANDELL: That's absolutely true.
10:37:33 >>YVONNE CAPIN: As long as it's not brought to us,
10:37:35 we're not discussing it, no negotiation.
10:37:38 Non-negotiation for a new contract assume that
10:37:46 it's going to let it ride as is and we're going to
10:37:49 have to vote on it as is the end of April?
10:37:59 >>JULIA MANDELL: Our process would be typically
10:38:01 the administration negotiates contracts for up or
10:38:04 down vote.
10:38:05 >>YVONNE CAPIN: What if they don't negotiate it?
10:38:06 The administration has -- does the administration
10:38:09 have the obligation to negotiate the contract?
10:38:13 >>JULIA MANDELL: The contract would terminate by
10:38:15 its own terms.
10:38:17 It is a little convoluted.
10:38:19 It expires in April and then there is a
10:38:22 termination and all the equipment has to be dealt
10:38:24 with, I think August, something like that.
10:38:26 It's not a hard-and-fast date.
10:38:28 Whether or not the administration makes a decision
10:38:31 to bring a contract forward or not is within the
10:38:33 bailiwick of the administration.
10:38:35 All that being said, I still think it's
10:38:38 appropriate and important for me to sit down and
10:38:39 have meetings with each one of individually on
10:38:42 this issue since it is such a significant issue.
10:38:45 >>YVONNE CAPIN: And that vote -- we will be voting
10:38:48 on that the end of April.
10:38:50 >>JULIA MANDELL: No, no.
10:38:52 Right now, we're not in any specific negotiations.
10:38:55 >>YVONNE CAPIN: If there's no negotiation, it
10:38:57 ends, it expires.
10:38:58 >>JULIA MANDELL: It would eventually, if nothing
10:39:01 happens, it will expire, yes, by its own terms.
10:39:06 >>LISA MONTELIONE: Just one question, is there a
10:39:11 projected idea, ballpark of when this litigation
10:39:16 is going to be settled?
10:39:19 >>JULIA MANDELL: You know, part of the issue with
10:39:22 this particular piece of legislation that is
10:39:24 within the city is this is not just a city issue.
10:39:28 This is a statewide issue of significant
10:39:30 importance where it is my opinion that you will
10:39:34 ultimately see a decision has to be made up at the
10:39:37 Florida Supreme Court.
10:39:38 And right now, cases have been set up both in the
10:39:41 second district and third district courts of
10:39:43 appeal.
10:39:44 Those cases have to be decided.
10:39:47 The one case that everybody has keyed into is
10:39:50 called the Arem case, the City of Hollywood case.
10:39:52 It is a fourth district court of appeals case.
10:39:56 You'll see competing districts which creates a
10:39:59 situation where it ends up in the Florida Supreme
10:40:01 Court from a legal, procedural wonky way.
10:40:03 >>LISA MONTELIONE: So we could be talking years?
10:40:05 >>JULIA MANDELL: We could be talking time, yes.
10:40:07 >>LISA MONTELIONE: I wanted to get an idea of how
10:40:10 it would influence the contract when it comes to
10:40:12 us in some of these discussions because --
10:40:14 >>JULIA MANDELL: That's part of the conversation I
10:40:16 want to have with you individually.
10:40:17 >>LISA MONTELIONE: I understand.
10:40:18 Thank you very much.
10:40:19 >>FRANK REDDICK: Mr. Cohen.
10:40:23 >>HARRY COHEN: I want to make clear what I heard
10:40:26 was set up here so there's not any
10:40:28 misunderstanding.
10:40:28 I understand, I know we all do, that the city, the
10:40:32 administration will negotiate the terms of the
10:40:36 contract.
10:40:36 If you're able to count to seven, it sounds to me
10:40:42 like Council members are putting everyone on
10:40:44 notice that the same provisions as existed last
10:40:50 time might not be acceptable this time.
10:40:52 So I just want to say explicitly that I think it's
10:40:57 very important that everyone be heard out prior to
10:41:01 those negotiations starting.
10:41:03 Otherwise, you're not going to have a baseline to
10:41:06 know what you can get the votes to have done.
10:41:08 >>JULIA MANDELL: Understood.
10:41:10 >>HARRY COHEN: Thank you.
10:41:12 >>MIKE SUAREZ: Thank you, chair.
10:41:13 I just want to be clear on one thing, the term in
10:41:16 the contract, I want to make sure I'm reading this
10:41:18 correctly it says the city may exercise the right
10:41:21 to extend the term of this agreement for renewal
10:41:24 term providing written notice to vendor not less
10:41:27 than 30 days prior to the last day of the initial
10:41:29 term.
10:41:30 We're coming up on that point where if the city
10:41:32 wanted to do that, they would have to send a
10:41:36 notice about that.
10:41:37 In addition, when they have to sign that notice,
10:41:39 it would have to come before Council for us to
10:41:41 agree to the extension before anything could
10:41:44 happen.
10:41:45 >>JULIA MANDELL: Yes, sir.
10:41:45 >>MIKE SUAREZ: Okay.
10:41:46 Just wanted to make sure the process is clear in
10:41:48 everyone's mind.
10:41:50 It will come back to us no matter what happens.
10:41:52 Thank you.
10:41:52 >>CHARLIE MIRANDA: If I remember by memory what is
10:41:55 going on in the litigation, your original contract
10:41:58 stated that the only one that's responsible for
10:41:59 the cost of litigation is the city, not the camera
10:42:02 company and not the state.
10:42:04 Even though they are partners, they are only
10:42:06 partners when they receive the money, not when you
10:42:08 go to court.
10:42:08 Am I correct?
10:42:09 >>JULIA MANDELL: They are definitely a part of the
10:42:12 way the indemnification provision, which does put
10:42:15 more of the responsibility on the city for this
10:42:18 type of litigation, although -- the rest of it we
10:42:21 can talk about outside the context of a public
10:42:23 hearing.
10:42:24 But I understand what you're saying.
10:42:25 >>CHARLIE MIRANDA: I understand.
10:42:26 Thank you.
10:42:29 >>FRANK REDDICK: I think I made my public position
10:42:30 known last week, and I still stand by that.
10:42:33 I'm looking forward to the discussion.
10:42:35 Anything else pertaining to item number 8?
10:42:37 Thank you, Ms. Mandell.
10:42:40 Item number 9, as staff come forward -- sir,
10:42:49 before you even start, let me say this, we are
10:42:56 about to vote on $3 million for this pool, and it
10:43:03 took me a while to convince the Mayor to do it.
10:43:08 And it took the Council -- but they voted to go
10:43:13 along in supporting me in getting this done.
10:43:16 I hope for the safety of this city, this gentleman
10:43:23 who you contract, Tampa contracting services, I
10:43:27 hope there's a stipulation in the contract that
10:43:31 they be held responsible for any damage or default
10:43:39 to the pool service that the other contractor was
10:43:42 not held responsible.
10:43:43 Because if they are not and we discover some leaks
10:43:47 or some defaults between the time they start and
10:43:52 before I'm off this Council, there will be held to
10:43:57 pay.
10:43:57 And I just want to put that on the record today,
10:44:01 because this is the second time we investing this
10:44:03 kind of money to restore an historic site that
10:44:07 should have never happened in the beginning.
10:44:09 So with that being said, you got anything you want
10:44:12 to say before we vote on this?
10:44:14 >> No.
10:44:14 I wanted to introduce myself.
10:44:16 Brad Suder with parks and recreation department.
10:44:18 I'm here if you have any questions.
10:44:20 >>FRANK REDDICK: Ms. Montelione.
10:44:22 >>LISA MONTELIONE: Thank you, Mr. Suder, for being
10:44:25 here.
10:44:26 The Chairman mentioned about spending money on
10:44:30 this before and the repairs not being done to
10:44:36 really fix the problem, and now we're spending
10:44:38 more money, and in my business, we say you're
10:44:41 putting good money after bad.
10:44:43 And this is a lot of money.
10:44:45 And there are things that are being done, for
10:44:50 instance, from what was reported in the newspaper,
10:44:53 because I didn't have the particulars.
10:45:00 I don't see any specs included with the agenda.
10:45:03 If it was in there, I apologize.
10:45:05 My aide didn't print it out for me to review the
10:45:08 specifications of the repairs, but what was
10:45:10 reported was that the 430 some odd thousand
10:45:14 dollars to heat the pool.
10:45:16 I think all of us have gotten e-mails -- I hope
10:45:22 all of us have gotten them and they just didn't
10:45:25 come to me because we have four people who
10:45:27 represent the people who live in district 7, not
10:45:30 just one, but this is -- I've been on Council five
10:45:37 years.
10:45:37 And for five years, because it was planned before
10:45:41 I got here, an expansion to the New Tampa
10:45:45 recreation center.
10:45:46 Now, we got close.
10:45:50 About three years ago, we got a draft budget where
10:45:53 the money was allocated to expand the recreation
10:45:57 center.
10:45:58 Now I want everybody to understand that in New
10:46:00 Tampa, just because it is New Tampa that these
10:46:04 kids have tremendous options available to them.
10:46:07 That center, as you well know, is a gymnastic
10:46:11 center and only two in the entire City of Tampa,
10:46:13 at Wayne Papy Recreation and at New Tampa
10:46:16 Recreation.
10:46:17 And both programs are full and both programs have
10:46:19 kids from all over the city who participate in an
10:46:24 award-winning program, and it provides a lot of
10:46:27 options for kids who can get scholarships to
10:46:31 schools and can really change the path of their
10:46:34 life.
10:46:34 Three years ago, that money just seemed to have
10:46:38 disappeared, between the draft budget and the
10:46:41 final budget.
10:46:42 Nobody could ever explain where the money went or
10:46:44 what it was used for.
10:46:46 Now, from what I understand, because we're putting
10:46:50 good money after bad in this project, that money
10:46:55 is, again, being reallocated away from the
10:46:59 expansion of Tampa recreation gymnastics program
10:47:04 by the expansion of the facility in New Tampa, and
10:47:07 into this project.
10:47:08 I'm a big fan of historic preservation.
10:47:11 Don't get me wrong.
10:47:12 I think it is a vital project.
10:47:13 I think it needs to be done.
10:47:14 I just think that the money can come from
10:47:17 somewhere else rather than robbing it from one pot
10:47:19 and putting it into the other, because this is
10:47:22 five years that that has happened.
10:47:24 And there's plenty of other projects that we seem
10:47:29 to come up with money for on the spur of the
10:47:31 moment and they seem to get done, sometimes as a
10:47:34 surprise to us, and it doesn't affect a planned
10:47:39 project that's been on the books for, like I said,
10:47:42 since before I got here five years ago.
10:47:44 Where is this money coming from, and why does it
10:47:50 have to come out of already planned project?
10:47:54 >> The 550 coming from the New Tampa recreation
10:47:57 center is only a portion of what would be needed
10:47:58 to expand that according to the plans.
10:48:00 I believe the current estimate is a little over
10:48:03 $3 million for the planned improvements as drawn
10:48:08 in the construction documents now.
10:48:11 >>LISA MONTELIONE: You can't find
10:48:12 $550,000 somewhere else?
10:48:14 It has to come from the New Tampa recreation
10:48:16 center?
10:48:17 >> We are very tight on budget across the board.
10:48:19 We are taking money from land acquisition.
10:48:23 We're taking some money from what's left at Greco
10:48:27 sports complex.
10:48:29 And we can certainly put those --
10:48:31 >>LISA MONTELIONE: Another park in my district.
10:48:34 And I would like to remind everybody, in the
10:48:36 entire district 7, which is quite a big land mass
10:48:39 area, there are six city parks.
10:48:42 Six in the entire district.
10:48:45 Not a lot.
10:48:46 And two of my parks are losing money.
10:48:49 >> The balance of the money is coming from fund
10:48:51 balance.
10:48:53 >>FRANK REDDICK: All right.
10:48:54 Ms. Capin.
10:48:57 >>YVONNE CAPIN: Yes, thank you.
10:48:58 I think it was Mr. Cohen next.
10:49:00 >>HARRY COHEN: Thank you.
10:49:01 Look, we all certainly empathize with the
10:49:09 difficulty of finding money.
10:49:11 But I actually want to take a bit of a different
10:49:16 tact on this.
10:49:18 I want to commend the city for stepping up and
10:49:20 spending the money that's necessary to do this
10:49:22 project right.
10:49:23 The fact of the matter is we could have gone
10:49:27 forward, spent half this much knowing it wasn't
10:49:32 going to work.
10:49:32 Five years ago when it started leaking, none of us
10:49:35 would be sitting up here -- not everybody -- some
10:49:38 would still be here.
10:49:41 Fair enough, fair enough.
10:49:44 I stand corrected.
10:49:45 Certainly, throw, there would be a new Mayor, and
10:49:49 they would be able to point the finger and say,
10:49:51 well, you know, it just wasn't done correctly.
10:49:54 I have to tell you if we're going to do it, we
10:49:56 should do it right.
10:49:57 And I feel like at least, at least, finally
10:50:01 somebody is putting a price tag on this thing that
10:50:04 makes sense and that says to me that there is a
10:50:07 good-faith effort being made not to have it leak
10:50:09 in the future.
10:50:10 You know, you talk about putting good money after
10:50:12 bad, putting good money after bad is spending
10:50:15 money that you know won't solve the problem.
10:50:18 And I do feel like because the city decided to up
10:50:23 what -- and the reasons that it's going to up the
10:50:26 amount that it's going to spend.
10:50:28 Are the right reasons.
10:50:31 Let me say this about the pool leaking.
10:50:34 When I advocate for pools in my district, I want
10:50:37 them to be heated, too.
10:50:39 So that's the way it is.
10:50:40 We want to heat these pools.
10:50:41 That's what makes them usable all year round.
10:50:44 The truth is, people complain on Davis island that
10:50:46 we can't use the Roy Jenkins pool all year round
10:50:49 because it isn't heated.
10:50:51 I think that this is doing the project right.
10:50:53 I share -- I feel what Councilwoman Montelione is
10:50:59 saying, and I understand how she feels about those
10:51:02 community centers, but it is important to spend
10:51:05 the money to make sure that this pool is fixed
10:51:10 correctly rather than some half-baked scheme that
10:51:13 will only be leaking in five years.
10:51:15 >>FRANK REDDICK: Ms. Capin.
10:51:16 >>YVONNE CAPIN: Amen.
10:51:17 Really, you know, I absolutely agree.
10:51:24 As I advocated along with our Chairman, I am city
10:51:29 wide.
10:51:29 So all the parks, all the pools I represent.
10:51:34 Cuscaden pool, as I stated before, I learned to
10:51:42 swim there many, many, many residents of this city
10:51:45 did.
10:51:45 Yes, it's historic.
10:51:46 But I agree that good money after bad is putting
10:51:52 that first couple of million or whatever to patch
10:51:56 it up.
10:51:57 This is correcting it.
10:51:58 It is very important to our city.
10:52:01 It is a very important cultural asset to our city,
10:52:07 and that I have to -- I agree.
10:52:09 I have to commend the administration for hearing
10:52:13 our Chairman, for hearing me.
10:52:14 I believe Mr. Miranda also swam at that pool as a
10:52:21 kid.
10:52:21 But more importantly -- did you?
10:52:25 Yes, he did.
10:52:26 Everybody thinks he is a West Tampa, but he's an
10:52:30 Ybor guy.
10:52:32 Anyway, I want to commend -- I want to say yes
10:52:36 that what the Chairman advocated for and we all
10:52:40 stood here, I'm ecstatic that the administration
10:52:45 heard us and said yes, and heard the public outcry
10:52:49 that this needed to be done.
10:52:51 You know where my vote is going to be.
10:52:54 >>FRANK REDDICK: Mr. Miranda.
10:52:56 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:52:57 You know, I believe that pool was built in 1935.
10:53:00 I wasn't around then.
10:53:02 Almost.
10:53:04 There were two pools, I believe Roy Jenkins and
10:53:07 Cuscaden Park built aboveground, maybe in the
10:53:10 State of Florida.
10:53:11 I'm not sure about that.
10:53:12 But that pool is now 81 years old.
10:53:15 There's a lot of individuals, in fact, I never
10:53:18 look at something that's my district or somebody
10:53:20 else's district.
10:53:21 It's what the people need.
10:53:30 When you look at the demographics, that was the
10:53:31 only pool at that time in West Tampa, in Ybor
10:53:34 City, in East Tampa, it was nothing.
10:53:37 It was Cuscaden Park pool and Roy Jenkins pool,
10:53:40 and I remember, those were the only two pools,
10:53:43 period.
10:53:43 And guess what, there were very, very few pools
10:53:48 behind people's homes then that were used in great
10:53:52 numbers.
10:53:52 In fact, I learned how to jump fence, I used to
10:53:55 jump the fence Cuscaden Park pool to jump into the
10:54:00 pool because we didn't have the quarter to get in
10:54:02 to swim and we used to do that at night.
10:54:06 I committed a crime.
10:54:07 There you go.
10:54:08 But there was a lot of us that used to do that.
10:54:11 Something not only historical, something needed to
10:54:15 bring back a neighborhood that has been decaying
10:54:18 for some years, and I understand the need.
10:54:21 In fact, there's another area that is a big park
10:54:23 that has no parking, none, zero.
10:54:26 But used to walk.
10:54:31 Now you have cars.
10:54:32 Used to have bus, three and four, you have the
10:54:35 trolley.
10:54:36 You don't have nothing like that anymore.
10:54:37 Things have changed, but I firmly believe that
10:54:40 with a proper administration of records and proper
10:54:45 documentation as Mr. Reddick stated earlier, that
10:54:48 it will be done correctly with a guarantee of
10:54:51 whatever time it is.
10:54:53 I don't have the contract in memory to talk about
10:54:54 the specifics, that this is certainly a step in
10:54:57 the right direction, not only for Cuscaden area
10:55:00 and West Tampa and Ybor City area, but for the
10:55:02 whole City of Tampa.
10:55:03 I think a lot of individuals will come by and use
10:55:06 it, even though they don't live there, to see
10:55:09 something that was built in 1935 that is still
10:55:12 functional.
10:55:13 There's no more park there for baseball.
10:55:15 There are two Hall of Famers come from that park.
10:55:18 I don't think there's another park in the country
10:55:19 that can say that.
10:55:20 That's Al Lopez and Tony LaRussa.
10:55:23 Both of them come from Cuscaden Park.
10:55:26 It doesn't happen too often because everybody has
10:55:30 convenience now and talk about parking, off-street
10:55:33 parking, 1320 feet away, none of us want to walk
10:55:38 1320 feet away.
10:55:39 That's what is wrong with society.
10:55:41 At that time, would you walk miles to go to a park
10:55:44 and miles back to your house and go back to the
10:55:46 park in the evening and that's what it was all
10:55:48 about.
10:55:48 Thank you, Mr. Chairman.
10:55:49 >>FRANK REDDICK: Thank you.
10:55:50 Mr. Maniscalco.
10:55:51 >>GUIDO MANISCALCO: If I remember correctly, when
10:55:53 this pool started leaking, I believe I was in the
10:55:56 audience.
10:55:56 I wasn't elected.
10:55:57 And Councilman Suarez I believe unleashed a fury
10:56:02 on whoever he spoke to.
10:56:04 I mean, you could hear a pin drop in the room.
10:56:06 Of course, now we're looking at spending over
10:56:08 $3 million to put the proper, what I hope is the
10:56:12 proper repair into this pool and get it going.
10:56:15 Tampa is a city that for the last 56 years has
10:56:18 been demolition happy.
10:56:19 And we've eliminated, demolished and cleared out
10:56:23 so much of our history.
10:56:24 Cuscaden pool, talking to folks that grew up in
10:56:27 the area, swam there, learned how to swim there.
10:56:29 People like Councilwoman Capin, Councilman
10:56:32 Miranda, the importance of something like this.
10:56:35 And the opportunity that we have because Chairman
10:56:39 Reddick has fought for it and so many other people
10:56:41 in the administration has put the money forth to
10:56:44 preserve this pool, to save it, to put it to use
10:56:47 for future generations.
10:56:49 That is a huge thing.
10:56:50 Also, we can't forget and Councilwoman
10:56:55 Montelione's district, her needs as well.
10:56:57 And going forward in future budgets that we do
10:57:00 allocate the money for the project, and we stop
10:57:02 putting it aside.
10:57:03 Cuscaden is important for historical significance
10:57:05 and whatnot, but we can't ignore other districts.
10:57:08 And I look forward to the administration in
10:57:13 finding the funding.
10:57:16 As she said, can't we find the money but in the
10:57:16 future and soon to meet her needs in her district.
10:57:19 >>FRANK REDDICK: Mr. Suarez.
10:57:20 >>MIKE SUAREZ: Thank you, chair, Mr. Maniscalco, I
10:57:23 can forgotten about that.
10:57:26 If I recall correctly, I think your first year in
10:57:31 office and that park director is no longer here,
10:57:33 just as food for thought, sir, to think about
10:57:36 that.
10:57:36 Couple of questions, in terms of the -- we talked
10:57:40 a lot about the leakage and some of the other
10:57:42 things that happened prior, most of these
10:57:44 contractors have an insurance policy that would
10:57:47 typically pay for what they call products of
10:57:49 completed operations coverage.
10:57:51 Usually, it is a million.
10:57:54 Maybe even more depending on the policy.
10:57:56 Are you going to be managing this project,
10:57:59 meaning, watching the contractor, in terms of what
10:58:02 they are doing and some of the other aspects of
10:58:04 it?
10:58:05 >> It would be a multi-departmental effort.
10:58:07 Contract administration will be administering the
10:58:10 contract itself with inspectors daily on the basis
10:58:13 to make sure the waterproofing systems are applied
10:58:17 properly, make sure all the -- are in place to
10:58:22 make sure that we don't repeat what happened
10:58:24 before.
10:58:24 >>MIKE SUAREZ: The only reason I asked about the
10:58:27 insurance policies, we probably could have gotten
10:58:29 some money back from the previous contractor that
10:58:32 caused the workmanship that I think was probably
10:58:35 shoddy.
10:58:35 I'm saying that publicly because I don't know the
10:58:37 specifics of it, but usually when you go to fix a
10:58:40 pool, it's not supposed to leak.
10:58:42 That's just my opinion.
10:58:43 I think that that's what most people expect.
10:58:45 So we may want to look at that, because there may
10:58:48 be some options for us to recoup some dollars and
10:58:52 maybe help with some of the other budget problems
10:58:54 that we have currently concerning the other parks.
10:58:58 And I appreciate what Ms. Montelione said, and
10:59:01 what Ms. Capin also said, which is the three of us
10:59:05 here represent the whole city.
10:59:07 We do not like it when we have to make these type
10:59:10 of decisions.
10:59:11 This has been, as you mentioned, a work in
10:59:13 progress for four and a half years.
10:59:14 And it is a tough decision to go forward with
10:59:17 something like this.
10:59:18 We did not know what the final budget number was
10:59:21 going to be, and, you know, we will do everything
10:59:24 we can to try and solve the problem with the other
10:59:26 parks to make sure they are provided for because
10:59:28 you're right, it is a wonderful facility up in New
10:59:31 Tampa with great programs, as we do in a lot of
10:59:37 our other city parks, sometimes we are losing -- I
10:59:40 remember, Papy Park, they had a floor problem
10:59:44 because of a leak in the roof that was eventually
10:59:46 fixed.
10:59:47 Which caused it to be shifted to other locations.
10:59:50 We're always looking for nickels, dimes, and
10:59:53 pennies in the couches to make sure we can pay for
10:59:59 some of this stuff.
11:00:00 Thank you.
11:00:01 >>FRANK REDDICK: Can you be brief?
11:00:06 >>LISA MONTELIONE: I'll try.
11:00:06 West of 22nd Street -- forget about New Tampa
11:00:10 for a moment.
11:00:10 West of 22nd Street, there are three parks.
11:00:13 David E. west.
11:00:15 How long has that been underwater?
11:00:18 When I got to Council and I took our new parks
11:00:23 director to David E. west park, not only was it
11:00:26 under water, but you couldn't figure out how to
11:00:29 get in the park because the fence went all the way
11:00:32 around and there was a little tiny opening under a
11:00:34 tree in the back.
11:00:35 Forest Hills.
11:00:37 How long has Forest Hills been underwater?
11:00:39 You can't use the baseball diamond.
11:00:41 You can't use the basketball courts.
11:00:43 If you try and use the racquetball courts or the
11:00:47 tennis courts, it's a liability to the city
11:00:49 because you're likely to break an ankle because
11:00:52 the settling has been so bad and the flooding so
11:00:56 bad that the surfaces are cracked, uneven, and
11:00:58 unsafe.
11:00:59 There's no ADA walk to get to the ADA playground
11:01:03 that was built.
11:01:04 I mean, these are problems that don't take
11:01:08 $5.6 million to solve.
11:01:10 I've been trying to get the money to do that for
11:01:16 five years.
11:01:17 Finally -- finally the stormwater issue is being
11:01:21 addressed this year at Forest Hills.
11:01:24 The David E. West maybe.
11:01:29 I think it's being addressed.
11:01:30 But there's still no replacement of recreation
11:01:35 facilities.
11:01:36 The baseball diamond is still gone.
11:01:38 The basketball court is still gone.
11:01:39 You still can't use the tennis court or the
11:01:42 racquetball court.
11:01:44 Even fixing the flooding at Forest Hills.
11:01:48 Danny Del Rio pool is the teeniest, tiniest little
11:01:53 pool you've ever seen.
11:01:54 There's hardly any parking.
11:01:56 There are people that use it recreationally for
11:01:59 exercise in their 70s and 80s.
11:02:00 It was so sloppy when I went in there, the paint
11:02:06 job was just like you took a bucket of paint and
11:02:10 splashed it on the wall and called it painting.
11:02:12 When Sulphur Springs was built, it was a previous
11:02:15 Council that approved that contract.
11:02:17 And this Council had to pay the money, millions
11:02:21 over budget, to fix the problems that occurred at
11:02:24 Sulphur Springs.
11:02:25 The baseball diamond is now, again, being redone.
11:02:30 I don't know how -- if this were a business, and
11:02:37 it was operated the way we have been spending
11:02:41 money to repair problems that occurred in the past
11:02:45 and good money after bad means we've got good
11:02:47 money and the bad money was the $2.5 million that
11:02:50 was spent that we didn't go after the contractor
11:02:53 to fix or we didn't get the insurance company to
11:02:56 reimburse us, that's the 2.5 million is the bad
11:02:59 money, because it didn't fix any of the problems.
11:03:02 It made it worse.
11:03:03 This is not fiscal responsibility for, or
11:03:09 equitable distribution amongst the facilities.
11:03:12 When I've got six parks, and three of them are
11:03:16 underwater and you can't use them and they have
11:03:18 been underwater for a long time before I took this
11:03:24 office.
11:03:24 >>FRANK REDDICK: Ms. Montelione, with due respect,
11:03:26 I'm going to suggest you meet with the
11:03:28 administration before June.
11:03:31 >>LISA MONTELIONE: You're taking $550,000 from the
11:03:34 New Tampa recreation budget and the pool heater is
11:03:37 435.
11:03:38 I think the math is even there.
11:03:40 Pool heating would be great to have, but
11:03:43 $550,000 to expand the recreation center would
11:03:46 serve a lot more people than heating a pool.
11:03:48 >>FRANK REDDICK: Would you please meet with
11:03:51 Ms. Montelione before June?
11:03:54 >> Yes.
11:03:55 >>FRANK REDDICK: Thank you.
11:03:58 >>YVONNE CAPIN: I would like to move the
11:04:00 resolution, but let me say one thing.
11:04:03 Talking about parking and walking, you didn't
11:04:06 mention biking.
11:04:07 Riding the bike with my bathing suit rolled up in
11:04:12 a towel towing my little sister which you can't do
11:04:16 legally now.
11:04:16 There you go.
11:04:17 I move the resolution.
11:04:18 >>FRANK REDDICK: Everything historic.
11:04:21 >> I hope you'll repeat the performance when they
11:04:23 open the pool.
11:04:24 [ LAUGHTER ]
11:04:26 >>FRANK REDDICK: Got a motion from Ms. Capin.
11:04:28 Seconded by Mr. Miranda.
11:04:29 Any further discussion?
11:04:30 All those in favor, aye.
11:04:32 Opposed?
11:04:33 Item number 10, motion to -- item 10, motion to
11:04:40 move the resolution?
11:04:41 >> So moved.
11:04:42 >> Second.
11:04:42 >>FRANK REDDICK: Motion from Mr. Cohen.
11:04:44 Seconded by Maniscalco.
11:04:46 All in favor of the motion, aye.
11:04:47 Opposed?
11:04:47 Motion carried.
11:04:49 Item number 11.
11:04:50 >> Move the resolution.
11:04:51 >> Second.
11:04:51 >>FRANK REDDICK: Motion from Mr. Cohen.
11:04:53 Seconded by Mr. Suarez.
11:04:54 All in favor of the motion, aye.
11:04:56 Opposed?
11:05:02 >> [not speaking into a microphone]
11:05:07 >>FRANK REDDICK: Number 9.
11:05:13 >>LISA MONTELIONE: I meant to vote no on both 9
11:05:15 and 10.
11:05:22 >>CHARLIE MIRANDA: I don't want to miss -- I think
11:05:24 we have to open that one up so she can change her
11:05:26 vote.
11:05:27 >>FRANK REDDICK: Do we have a motion for that?
11:05:30 >> Move to reconsider.
11:05:32 >> Item number 10.
11:05:33 >>FRANK REDDICK: Motion and second.
11:05:34 All in favor, aye.
11:05:35 At this time, we'll get a motion to move item 10.
11:05:40 Motion from Ms. Capin.
11:05:41 Seconded by Mr. Miranda.
11:05:42 All in favor of the motion, aye.
11:05:44 Opposed?
11:05:45 >>LISA MONTELIONE: Nay.
11:05:46 Thank you.
11:05:48 >>FRANK REDDICK: Items removed from the consent
11:05:50 agenda, if any?
11:05:51 See none.
11:05:52 All right.
11:05:52 Public safety committee, Mr. Miranda.
11:05:54 >>CHARLIE MIRANDA: Thank you, Mr. Chairman, move
11:05:56 items 12 through 14.
11:05:57 >>FRANK REDDICK: Motion by Mr. Miranda.
11:05:59 Seconded by Mr. Cohen.
11:06:00 All in favor, aye.
11:06:01 Opposed?
11:06:01 Public works, Mr. Suarez.
11:06:03 >>MIKE SUAREZ: Thank you, chair.
11:06:05 Move items 15 through 21.
11:06:08 >>FRANK REDDICK: Motion from Mr. Suarez.
11:06:09 Seconded by Mr. Miranda.
11:06:10 All in favor of the motion say aye.
11:06:11 Opposed?
11:06:12 Finance Committee, Mr. Cohen.
11:06:14 >>HARRY COHEN: Thank you, Mr. Chair.
11:06:16 I move items 22, 23, 24.
11:06:18 >>FRANK REDDICK: Motion from Mr. Cohen.
11:06:20 Seconded by Mr. Maniscalco.
11:06:21 All in favor of the motion, aye.
11:06:22 Opposed?
11:06:23 Building, zoning, preservation, Ms. Montelione.
11:06:27 >>LISA MONTELIONE: Thank you.
11:06:28 I do want to thank Councilman Maniscalco for his
11:06:32 words earlier.
11:06:33 Meant a lot to me.
11:06:34 I move item number 25.
11:06:38 >> Second.
11:06:40 >>LISA MONTELIONE: I have to do substitute motions
11:06:42 on the next two.
11:06:43 >>FRANK REDDICK: Got a motion from Ms. Montelione.
11:06:46 Seconded by Mr. Maniscalco.
11:06:47 All in favor, aye.
11:06:49 >>LISA MONTELIONE: I move a substitute resolution
11:06:51 for item 26.
11:06:53 >>FRANK REDDICK: Motion by Ms. Montelione.
11:06:54 Seconded by Mr. Suarez.
11:06:55 All in favor of the motion, aye.
11:06:57 Opposed?
11:06:58 >>LISA MONTELIONE: I move substitute resolution
11:07:01 for item 27.
11:07:02 >>FRANK REDDICK: Motion from Ms. Montelione.
11:07:03 Seconded by Mr. Cohen.
11:07:05 All in favor of the motion, aye.
11:07:06 Motion carried.
11:07:08 >>LISA MONTELIONE: Now I move items number 28
11:07:10 through 34.
11:07:12 >>FRANK REDDICK: Motion from Ms. Montelione.
11:07:14 Seconded by Ms. Capin.
11:07:16 All in favor, aye.
11:07:17 Opposed?
11:07:17 Motion carried.
11:07:19 Transportation Committee, Ms. Capin.
11:07:21 >>YVONNE CAPIN: Thank you, Mr. Chair.
11:07:23 I move item 35.
11:07:25 >>FRANK REDDICK: All right.
11:07:26 Got a motion from Ms. Capin.
11:07:28 Seconded by Mr. Miranda.
11:07:28 All in favor of the motion, aye.
11:07:30 Opposed?
11:07:31 Motion carried.
11:07:32 Item number 36.
11:07:35 >> Move to have a public meeting on
11:07:37 February 18th at 9:30 a.m.
11:07:39 >>FRANK REDDICK: Motion from Mr. Suarez.
11:07:40 Seconded by Ms. Montelione.
11:07:43 All in favor of the motion say aye.
11:07:44 Opposed?
11:07:45 Motion carries.
11:07:51 >>CHARLIE MIRANDA: Public hearings open from 37
11:07:53 through 50.
11:07:54 >>FRANK REDDICK: 37 through 50.
11:07:56 Motion from Mr. Miranda.
11:07:57 Seconded by Ms. Montelione.
11:07:58 All in favor of the motion, aye.
11:08:00 Opposed?
11:08:01 The motion carries.
11:08:02 We got ten minutes.
11:08:07 Item number 37.
11:08:17 >>MARTIN SHELBY: Mr. Chairman, that is a second
11:08:19 reading on a change to chapter 27 and the second
11:08:22 public hearing.
11:08:25 >>FRANK REDDICK: Correct.
11:08:25 Anyone here on item number 37?
11:08:30 >> Mr. Chairman, Council members, David Mechanik,
11:08:33 South Boulevard.
11:08:34 I'm just here to answer any questions.
11:08:38 I filed the application for the City Code
11:08:40 amendment.
11:08:41 >>FRANK REDDICK: Any questions?
11:08:43 Seeing none --
11:08:47 >> Move to close.
11:08:47 >>FRANK REDDICK: Motion from Mr. Miranda.
11:08:49 Seconded by Ms. Montelione.
11:08:50 All in favor of the motion, aye.
11:08:52 Opposed?
11:08:52 All right.
11:08:53 The motion carried.
11:08:54 Mr. Miranda, would you read item 37?
11:08:56 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
11:08:57 Item file number E2015-8, chapter 27, ordinance
11:09:03 presented for second reading and adoption.
11:09:06 An ordinance of the City of Tampa Florida related
11:09:08 to the office districts, office professional uses
11:09:10 and regulations making revisions to the City of
11:09:12 Tampa Code of ordinances, chapter 27, zoning and
11:09:15 Land Development; amending section 27-132,
11:09:19 regulations governing individual special uses;
11:09:22 amending section 27-156, official schedule of
11:09:25 district regulations and schedule of permitted,
11:09:27 accessory, and special uses by district; repealing
11:09:30 all ordinances or parts of ordinances in conflict
11:09:33 therewith; providing for severability; providing
11:09:37 an effective date.
11:09:37 >>FRANK REDDICK: We have a motion from
11:09:38 Mr. Miranda.
11:09:39 Seconded by Mr. Maniscalco.
11:09:41 Please record your votes.
11:09:57 >>THE CLERK: Motion carried unanimously.
11:09:59 [microphone not on]
11:10:01 >>FRANK REDDICK: Item 38.
11:10:03 Anywhere here on item number 38?
11:10:05 Item number 38.
11:10:08 Anyone here on item number 38?
11:10:12 >> Rebecca Kert, Legal Department.
11:10:14 This is a city-initiated comp plan amendment, and
11:10:18 staff gave a presentation at first reading --
11:10:21 second reading.
11:10:23 >>FRANK REDDICK: We have a motion.
11:10:26 Anyone in the public wishing to speak on item
11:10:28 number 38?
11:10:29 >> Move to close.
11:10:30 >>FRANK REDDICK: All right.
11:10:31 We have a motion by Mr. Cohen.
11:10:32 Seconded by Mr. Miranda.
11:10:34 All in favor of the motion, aye.
11:10:35 Opposed?
11:10:36 Mr. Suarez.
11:10:37 >>MIKE SUAREZ: Thank you, chair, I present an
11:10:39 ordinance for second reading and adoption.
11:10:41 An ordinance amending the Tampa comprehensive
11:10:43 plan, future land use map, for the property
11:10:45 located at 2200 North Oregon Avenue from
11:10:50 public/semi public (P/SP) to neighborhood mixed
11:10:54 use-35 (NMU-35); providing for repeal of all
11:11:00 ordinances in conflict; providing for
11:11:02 severability; providing an effective date.
11:11:04 >>FRANK REDDICK: Motion from Mr. Suarez.
11:11:06 Seconded by Mr. Maniscalco.
11:11:08 Please record your vote.
11:11:16 >>THE CLERK: Motion carried unanimously.
11:11:19 >>FRANK REDDICK: All right.
11:11:20 Going to speak on items 39 through 45, please
11:11:23 stand to be sworn.
11:11:26 [oath Administered]
11:11:35 >>FRANK REDDICK: Can I get a motion to receive all
11:11:37 documents at this time?
11:11:38 >> So moved.
11:11:38 >> Second.
11:11:39 >>FRANK REDDICK: Motion from Mr. Suarez.
11:11:40 Seconded by Ms. Capin.
11:11:43 All in favor of the motion, aye.
11:11:44 Opposed?
11:11:45 All right.
11:11:45 Item number 39.
11:11:48 >>MARY SAMANIEGO: Mary Samaniego, Land Development
11:11:52 Coordination.
11:11:53 Items 39 through 45, these are second readings of
11:11:55 rezoning ordinances.
11:11:55 All required changes to the site plan have been
11:11:58 completed and -- with the clerk's office.
11:12:00 >>FRANK REDDICK: Any questions from Council?
11:12:02 Petitioner?
11:12:07 >> Good morning, Mr. Chairman, members of the City
11:12:09 Council, my name is John Grandoff.
11:12:11 My address is Suite 3700 Bank of America Plaza.
11:12:15 I have the pleasure of representing Circle K
11:12:18 Corporation on the second reading this morning.
11:12:21 Respectfully request that you approve the
11:12:22 application, and I'll reserve any further comments
11:12:25 on rebuttal.
11:12:27 Thank you.
11:12:27 >>FRANK REDDICK: Any questions from Council?
11:12:31 >> Good morning, Mr. Chairman, and members of the
11:12:34 Council, Mark Bentley, 201 North Franklin Street,
11:12:37 Tampa, I represent two adjacent property owners,
11:12:39 Theodore Ted Couch and the Bromley Companies of
11:12:43 New York City.
11:12:44 And before I get started, I have speakers waivers
11:12:46 for two additional minutes, Mr. Chair.
11:12:54 >>MARTIN SHELBY: Two names.
11:13:00 Allison Simon, are you here?
11:13:01 Thank you.
11:13:02 And Mark Ross?
11:13:04 Thank you.
11:13:05 Two additional minutes.
11:13:12 >>FRANK REDDICK: What are his total minutes?
11:13:15 >>MARTIN SHELBY: It will be five minutes.
11:13:16 >>FRANK REDDICK: All right.
11:13:17 This will be the last item we'll hear before we
11:13:19 recess.
11:13:21 >> Mr. Chairman, there are a number of issues.
11:13:22 I know I only have five minutes.
11:13:24 I spoke with Mr. Grandoff.
11:13:26 If Council is inclined to give me another minute
11:13:31 if necessary.
11:13:32 >>FRANK REDDICK: Well, we're stretched for time
11:13:35 today.
11:13:35 The only thing we can do is we can start this
11:13:38 process or we can put this process on hold and
11:13:40 come back at 1:30.
11:13:42 What is the pleasure --
11:13:46 >> I'll press on.
11:13:47 I'll zip through.
11:13:48 If you have any questions, I'll try and answer
11:13:50 them at the end.
11:13:52 Represent Ted Couch and Bromley companies.
11:13:55 Both these property owners are contiguous to the
11:13:57 subject property and approval of this project will
11:14:00 have an adverse effect on them uniquely as opposed
11:14:03 to the public at large.
11:14:06 I've been a certified planner with the ATA for 27
11:14:09 years, so I'm going to be testifying in terms of
11:14:12 compatibility and aesthetics.
11:14:14 I need to get that on the record.
11:14:17 Ted Couch owns the property -- you received a
11:14:23 letter from Ted, hopefully, yesterday, via e-mail.
11:14:26 I'll get that into the record.
11:14:27 At the end, I would like all these documents
11:14:29 submitted into the record.
11:14:29 Here is Ted's property.
11:14:31 You know it on Dale Mabry probably as the Men's
11:14:32 Wearhouse.
11:14:34 Ted is a well-known philanthropist and does a lot
11:14:38 of great work in the community with charities.
11:14:41 This is Tampa Bay One's property.
11:14:43 Tampa Bay One has assembled since about 2000 about
11:14:48 28 acres at this point in time.
11:14:49 Here is the Circle K property.
11:14:52 Here is Ted Couch's property.
11:14:53 Here is the Circle K.
11:14:55 Here is Tampa Bay One.
11:14:56 They own essentially all this property.
11:14:59 It's about 20 acres.
11:15:00 The city approved it in early 2000 for about 2
11:15:05 million square feet.
11:15:06 It is a mixed use project, high-rise project.
11:15:08 This is the Tampa Bay One project site plan,
11:15:13 Circle K is right here.
11:15:17 This is Grace Street.
11:15:19 Right now it's just a 45-foot right-of-way with
11:15:26 two 11-foot lanes.
11:15:26 It's kind of a sleepy -- it's like a de facto
11:15:26 driveway, essentially, for Circle K and Mr. Couch.
11:15:27 But it's become a main gateway to the project.
11:15:29 Once it's developed, we're working with the city
11:15:32 at this point in time to help widen Cypress Street
11:15:35 to five lanes.
11:15:36 We're dedicating right-of-way, and we're working
11:15:39 with transportation.
11:15:40 The project is going to have approximately 6,000
11:15:42 parking spaces and estimated 10,000 employees.
11:15:45 It will be the biggest redevelopment project in
11:15:47 the history of Tampa, and obviously Mr. Vinik is
11:15:50 going to supersede that.
11:15:54 They are not here to oppose the project, but there
11:15:57 are certain aspects they find objectionable and
11:16:00 incompatible with surrounding development.
11:16:02 We believe the project fails to comply with
11:16:04 applicable code provisions.
11:16:06 It's designed, essentially, converting Grace
11:16:08 Street to their own personal driveway to the
11:16:11 detriment of our clients.
11:16:12 As you're aware in the staff report, two of the
11:16:16 criteria for a PD relate to compatibility and
11:16:18 aesthetics.
11:16:19 I don't need to read that to you.
11:16:21 We're short on time.
11:16:22 In any event, it gives Council broad discretion
11:16:24 when evaluating PDs.
11:16:26 I'd like to show you a photo here.
11:16:28 This is Grace Street, you can see going east
11:16:31 toward Himes, just a small tiny road.
11:16:33 Here is a sign that the petitioner would like
11:16:37 grandfathered.
11:16:37 It's in the Westshore overlay.
11:16:39 They have a height limitation of 10 feet on the
11:16:41 sign.
11:16:41 This is 30 feet.
11:16:43 They want it vested or grandfathered in connection
11:16:45 with the project.
11:16:46 There's really no need to do that.
11:16:48 That's why you passed the Westshore overlay
11:16:50 regulations.
11:16:50 It sticks out like a sore thumb.
11:16:52 It's not like they try and rely on interstate
11:16:55 traffic.
11:16:56 They can't see that.
11:16:56 So that's clearly a problem.
11:16:59 It's on the gateway to our client's project.
11:17:01 Here are some issues with respect to the project.
11:17:06 I just pointed out the sign here, 30-foot sign.
11:17:10 You can see, this is the car wash.
11:17:13 You can see a vehicle even pulling out.
11:17:15 It's actually in Grace Street.
11:17:17 Here again, this is not going to be some sleepy
11:17:19 little driveway once the project is completed.
11:17:21 We already started the project.
11:17:23 If you drive by 275 and Dale Mabry at the
11:17:25 southeast quadrant, you'll see a big retention
11:17:27 pond.
11:17:27 We're building that with the Department of
11:17:29 Transportation.
11:17:29 That is a joint pond for both our projects.
11:17:32 It's going to be beautiful, have fountains and all
11:17:34 that kind of stuff.
11:17:35 So the car wash, then you have the sign, then you
11:17:39 can see solid waste here, even the truck doesn't
11:17:41 fit into the compactor area.
11:17:44 So all the maneuvering will be in the
11:17:46 right-of-way, which we understand is contrary to
11:17:48 City of Tampa Code.
11:17:49 There's absolutely no screening or landscaping on
11:17:52 the north side of the project.
11:17:53 Just want to get this in the code.
11:17:59 This is a standard concerning solid waste, about
11:18:02 safety.
11:18:02 The Westshore overlay, this is the purpose and
11:18:05 intent is to create character as well as an
11:18:08 appealing business environment.
11:18:11 The sign issue, the petitioner alleges that it's
11:18:18 grandfathered.
11:18:19 There's absolutely no evidence in the record that
11:18:24 has been permitted.
11:18:24 Here again, you have discretion to determine
11:18:27 whether or not that's compatible with the new PD.
11:18:29 Here is their existing survey.
11:18:30 You can see the car wash is located here.
11:18:38 [Bell ringing]
11:18:40 >>FRANK REDDICK: That means stop.
11:18:41 That concluded the extra time, correct?
11:18:43 We have to stop you at that point.
11:18:48 Anyone that's in the public -- anyone else in the
11:18:56 public wishing to speak?
11:18:57 And I stated at the very outset that if we
11:19:00 couldn't do this and you're going to ask for
11:19:03 additional time, we need to stop and do this after
11:19:06 the recess.
11:19:07 So we're in a position now, we're going to
11:19:10 conclude this and vote on it and we have to move.
11:19:13 We have a time constraint, a location we have to
11:19:16 be at a certain time and that's the reason why --
11:19:19 I asked you in the beginning, could we do this
11:19:21 after we come back.
11:19:23 Anyone in the public wishing to speak on item
11:19:26 number 39?
11:19:27 Anyone in the public?
11:19:29 You got your rebuttal.
11:19:37 >> Hold this until we get back.
11:19:41 >>CHARLIE MIRANDA: Mr. Chairman, I move -- and I
11:19:42 understand both the individuals here.
11:19:44 I know there are no citizens in the audience, but
11:19:49 that we not vote on something rush, rush, rush.
11:19:51 Let's do what we have to do, come back, and this
11:19:53 will be the first one coming back, because I think
11:19:56 it is important so that two titans get an
11:19:59 opportunity to speak.
11:20:00 And I wasn't speaking about the attorneys.
11:20:01 I was speaking about the landowners.
11:20:03 [ LAUGHTER ]
11:20:05 >>FRANK REDDICK: All right.
11:20:06 Got a motion by Mr. Miranda.
11:20:08 Seconded by Ms. Capin.
11:20:09 All in favor of the motion, aye.
11:20:11 Those opposed?
11:20:12 We stand in recess until 1:30.
(Recess.)
Tampa City Council
Thursday, February 4, 2016
1:30 p.m. session
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01:27:18
01:39:00 [Sounding gavel]
01:39:03 >>HARRY COHEN: We are going to call this
01:39:04 afternoon session of City Council back into order.
01:39:07 Can we please take the roll?
01:39:12 >>CHARLIE MIRANDA: Here.
01:39:13 >>MIKE SUAREZ: Here.
01:39:17 >>HARRY COHEN: Here.
01:39:22 >>GUIDO MANISCALCO: Here.
01:39:22 >>HARRY COHEN: We were in the middle of hearing
01:39:25 item number 39 when we left.
01:39:27 But since that item does have, I think, some
01:39:32 issues to be resolved, we'll wait until the other
01:39:35 two get back if it's all right to finish it.
01:39:37 And perhaps we'll go ahead and do a few second
01:39:40 readings now on some of the items that don't need
01:39:43 to be contested.
01:39:45 We'll move through them as quickly as possible and
01:39:47 then come right back to number 39.
01:39:51 So item number 40.
01:39:52 >> Good afternoon.
01:40:05 401 East Jackson Street, 2700.
01:40:09 I have been sworn.
01:40:10 We are on a second reading.
01:40:12 I am here to answer any questions you may have.
01:40:14 All requested waivers were submitted.
01:40:18 >>HARRY COHEN: Any questions from council
01:40:20 members?
01:40:21 Is there anyone in the public that would like to
01:40:23 speak on item number 40?
01:40:26 Four zero?
01:40:27 >>CHARLIE MIRANDA: Move to close.
01:40:29 >>HARRY COHEN: Motion to close by Councilman
01:40:31 Miranda.
01:40:32 Seconded by Councilman Suarez.
01:40:34 All in favor?
01:40:34 Opposed?
01:40:35 All right.
01:40:35 Councilman Maniscalco, would you please take item
01:40:40 number 40?
01:40:41 >>GUIDO MANISCALCO: An ordinance being presented
01:40:44 for second reading and adoption, an ordinance
01:40:46 rezoning property in the general vicinity of 1120
01:40:50 and 1208 East Kennedy Boulevard in the city of
01:40:52 Tampa, Florida and more particularly described in
01:40:54 section 1 from zoning district classifications
01:40:57 CD-3 Channel District to CD 2, Channel District,
01:41:01 providing an effective date.
01:41:01 >>HARRY COHEN: We have a motion from Councilman
01:41:06 Maniscalco, seconded by Councilman Miranda.
01:41:11 I think we need to record our vote, so all those
01:41:14 in favor please record your vote.
01:41:20 >>THE CLERK: Motion carried with Capin, Reddick
01:41:23 and Montelione being absent at vote.
01:41:25 >>HARRY COHEN: We are going to move to item
01:41:28 number 42.
01:41:29 >> What happened to 41?
01:41:37 >>HARRY COHEN: Item number 42.
01:41:44 We skipped 41.
01:41:50 We are going to go to 42.
01:41:53 >>GINA GRIMES: 401 East Kennedy Boulevard here for
01:41:55 item number 42 which was a minor modification,
01:41:59 Jesuit high school.
01:42:01 I'm here if you have any questions.
01:42:02 >> Anyone in the public wish to speak to item
01:42:14 number 42?
01:42:16 >> Motion to close.
01:42:17 >> Sicced.
01:42:18 >>HARRY COHEN: Move an ordinance presented for
01:42:21 second reading and adoption.
01:42:23 An ordinance rezoning property in the general
01:42:25 vicinity of 4701 north Himes Avenue, 3320, 3322,
01:42:31 3402, 3404, 3406, 3408 west Osborne Avenue and
01:42:38 4612 and 4616 north Emerald Avenue in the city of
01:42:42 Tampa, Florida and more particularly described in
01:42:44 section 1 from zoning district classification
01:42:47 RS-60 residential single-family and PD planned
01:42:50 development, school, to PD, planned development,
01:42:52 school, providing an effective date.
01:42:53 >> Second.
01:42:55 >>FRANK REDDICK: I have a motion from Mr. Cohen.
01:43:04 Seconded by Mr. Maniscalco.
01:43:06 Please record your vote.
01:43:07 >>THE CLERK: According to my record, the vote is
01:43:21 motion carried with Capin and Montelione absent at
01:43:26 vote.
01:43:28 >>FRANK REDDICK: Item number 41.
01:43:29 >> Jeremy Couch, here representing the applicant.
01:43:42 And I have been sworn.
01:43:44 I'm here if you have any questions.
01:43:47 >>FRANK REDDICK: Any questions from council?
01:43:48 Anyone in the public wish to speak on item number
01:43:51 471.
01:43:51 >>CHARLIE MIRANDA: Move to close.
01:43:53 >>HARRY COHEN: Second.
01:43:55 >>FRANK REDDICK: All in favor?
01:43:57 Opposed? Mr. Maniscalco, would you ride item 41?
01:44:01 >>GUIDO MANISCALCO: I have an ordinance being
01:44:03 presented for second reading and adoption, in
01:44:05 consideration, an ordinance rezoning property in
01:44:07 the general vicinity of 5417 north Lois Avenue in
01:44:10 the city of Tampa, Florida and more particularly
01:44:12 described in section 1 from zoning district
01:44:14 classification RS 50th residential
01:44:17 single-family and CI commercial intensive to CI
01:44:21 commercial intensive providing an effective date.
01:44:22 >> Second.
01:44:26 >>FRANK REDDICK: We have a motion from Mr.
01:44:28 Maniscalco.
01:44:29 Seconded by Mr. Suarez.
01:44:30 Please record your vote.
01:44:31 >> Motion carried with Miranda voting no.
01:44:46 Capin and Montelione absent at vote.
01:45:03 >>FRANK REDDICK: We go to item number 43.
01:45:05 >> Good afternoon.
01:45:07 Jason Kinney, Kinney Engineering, 2573 34th Avenue
01:45:09 North. I have been sworn in.
01:45:13 We have made the requested changes to the site
01:45:14 development plan.
01:45:17 I'm here to answer any questions.
01:45:18 >> Any questions from council?
01:45:21 Anyone in the audience wish to speak on item
01:45:23 number 43?
01:45:24 >>CHARLIE MIRANDA: Move.
01:45:30 >>HARRY COHEN: Move to close.
01:45:31 >>CHARLIE MIRANDA: Second.
01:45:33 >>FRANK REDDICK: All in favor?
01:45:34 Opposed?
01:45:36 Mr. Suarez.
01:45:37 >>MIKE SUAREZ: An ordinance rezoning property in
01:45:40 the general vicinity of 3006 north 50th street
01:45:44 in the city of Tampa, Florida and more
01:45:45 particularly described in section 1 from zoning
01:45:48 district classification RM-16 residential
01:45:50 multifamily to PD planned development, retail
01:45:53 sales, shoppers goods, providing an effective
01:45:55 date.
01:45:56 And including the changes that were made by the
01:45:59 applicant between the first and second reading.
01:46:01 >> Second.
01:46:02 >>FRANK REDDICK: Motion by Mr. Suarez.
01:46:05 Seconded by Mr. Maniscalco.
01:46:07 All in favor of the motion?
01:46:08 Please record your vote.
01:46:09 >>THE CLERK: Motion carried unanimously.
01:46:22 >>FRANK REDDICK: Item number 44.
01:46:29 Item number 44.
01:46:30 MARY SAMANIEGO: Land Development Coordination.
01:46:37 I don't see the applicant.
01:46:39 >>FRANK REDDICK: Anyone in the audience wish to
01:46:41 speak on item number 44?
01:46:43 >>CHARLIE MIRANDA: Move to close.
01:46:45 >> Second.
01:46:47 >>FRANK REDDICK: Motion from Mr. Miranda.
01:46:48 Seconded by Mr. Cohen.
01:46:49 All those in favor?
01:46:52 Opposed?
01:46:52 All right.
01:46:52 Mr. Miranda.
01:46:53 >>CHARLIE MIRANDA: File REZ 15-80, an ordinance
01:46:57 presented for second reading and adoption, an
01:46:59 ordinance rezoning property in the general
01:47:01 vicinity of 6514, 6522 North 43rd street in
01:47:05 the city of Tampa, Florida and more particularly
01:47:07 described in section 1 from zoning district
01:47:09 classification RS-50 residential single-family and
01:47:11 PD planned development, residential, multifamily,
01:47:13 to RM-18, residential multifamily, providing an
01:47:16 effective date.
01:47:16 >> Second.
01:47:19 >>FRANK REDDICK: All right, motion by Mr. Miranda,
01:47:21 seconded by Mr. Maniscalco.
01:47:23 Please record your vote.
01:47:24 >>THE CLERK: Motion carried unanimously.
01:47:34 >>FRANK REDDICK: Item number 45.
01:47:35 >> Carl Moral, representing Bohler Engineering,
01:47:49 3820 Northdale Boulevard.
01:47:50 Here representing the applicant and here to answer
01:47:53 any questions you have.
01:47:56 >>FRANK REDDICK: Any questions from council?
01:47:58 Anyone in the audience wish to speak on item
01:48:00 number 45?
01:48:01 Please come forward.
01:48:02 >> Good afternoon.
01:48:09 Jason Hinkley, South Church Avenue.
01:48:13 >>FRANK REDDICK: Have you been sworn in?
01:48:15 >> Yes, I have.
01:48:18 I'm a homeowner, directly west of the property,
01:48:24 proposed property, and I have a couple of
01:48:25 concerns.
01:48:27 One is the evaluation -- or the height that's
01:48:34 marked over here.
01:48:37 It states in there it's a 6-foot fence proposal,
01:48:40 down by the lot line.
01:48:43 To me, I do have a 6-foot fence right now and if
01:48:50 you stand on top of the elevation the highest
01:48:52 point for the runoff, you can see right in my
01:48:55 backyard.
01:48:57 The elevation is --
01:49:02 >>FRANK REDDICK: Sir, if you are going to speak
01:49:04 you have to come to the mike.
01:49:05 >> I'm sorry.
01:49:07 Paragino, 4010 and 4012 South Church Avenue,
01:49:13 Tampa, Florida.
01:49:14 They say it's going to be approximately 3 and a
01:49:16 half foot higher than our existing property is
01:49:18 right now, and so we have lost our privacy,
01:49:23 because the cars are going to park facing our
01:49:25 house.
01:49:25 The construction workers right now, I can make eye
01:49:29 contact with them from inside my house and the
01:49:32 other concern we have is being that the property
01:49:33 is higher now, there's a steep grade down to our
01:49:37 grade, and what's going to happen with all of that
01:49:39 water running off of that?
01:49:41 Last Thursday, when we had the rain, we had both
01:49:44 of our properties had flooded, and that's because
01:49:47 the drains aren't open yet because it's still
01:49:50 under construction, but there's one point that we
01:49:54 have a circle.
01:49:57 The grade is still too low and allows all the
01:49:59 water to run off and go to our property.
01:50:01 That's our concern.
01:50:04 >>FRANK REDDICK: Any questions from council?
01:50:06 Comments?
01:50:07 Okay.
01:50:09 Ms. Montelione.
01:50:09 >>LISA MONTELIONE: And this is for the applicant
01:50:13 to maybe address some of the issues.
01:50:24 You weren't sworn earlier?
01:50:26 >> I wasn't sworn in.
01:50:28 >>FRANK REDDICK: Anyone that plans to speak that
01:50:30 hasn't been sworn in, please stand.
01:50:31 (Oath administered by Clerk)
01:50:33 >>LISA MONTELIONE: You are under construction
01:50:40 now?
01:50:40 >>Yes, we are under construction.
01:50:44 So I to address your concern about the runoff --
01:50:50 >>LISA MONTELIONE: You can just speak.
01:50:53 >> Concern about the runoff, I would say it's less
01:50:55 than 8,000 square feet and it's all green space,
01:50:59 from the curb down to the property line.
01:51:04 We have gone through Swiftmud, D.O.T. and city to
01:51:08 get this much approved, and none of the agencies
01:51:10 had any concerns, primarily because the amount of
01:51:13 runoff will be so I minimal because it is all
01:51:16 green space, and it's not pervious, we are not
01:51:21 taking any digit area that wasn't draining to the
01:51:24 west in its existing condition.
01:51:28 Once everything is constructed, all the grates are
01:51:31 opened up, the stormwater system will permit any
01:51:35 runoff from going off-site and causing any adverse
01:51:38 impacts.
01:51:38 >>LISA MONTELIONE: You know, it is difficult,
01:51:42 because this isn't part of the approval process
01:51:48 typically.
01:51:48 So I am not speaking to the merits of the
01:51:50 application, but during construction, they are
01:51:55 going to experience -- like you said, once it's
01:51:58 fully completed and all of the stormwater
01:52:00 facilities are operating, the runoff would be
01:52:05 minimal.
01:52:06 But while you are under construction, it's not
01:52:12 helping them.
01:52:13 So if there's anything you can do while you are
01:52:15 under construction to divert the stormwater, that
01:52:19 would be very helpful.
01:52:20 Again I am not speaking as part of the approval
01:52:23 process for the application, I'm just asking you
01:52:25 to be mindful during the construction process of
01:52:28 your neighbors.
01:52:28 >> And there should be best management practices
01:52:31 currently in place for fence and otherwise.
01:52:34 I would be glad to go down there and ensure that
01:52:36 it's still operational, and ensure that during
01:52:41 construction there should be no adverse impact to
01:52:43 any residents or surrounding areas.
01:52:45 So if that's not in place I would gladly go out
01:52:48 there --
01:52:48 >> Well, you are not going to stop water.
01:52:54 So maybe there's some drainage that you can do
01:52:57 temporarily.
01:52:57 >> Right.
01:53:00 Any type of swale or diversion mechanism to ensure
01:53:03 that the runoff isn't off-site.
01:53:05 >>HARRY COHEN: Let's talk about the privacy issue
01:53:09 that just came up.
01:53:13 I don't believe these neighbors were here for the
01:53:15 first reading so it might be helpful if you could
01:53:18 tell them what the finished product is going to
01:53:21 look like in terms of the landscaping and
01:53:24 buffering, and whether or not that's going to
01:53:27 satisfy any of their concerns.
01:53:29 My understanding is you are saying they are
01:53:31 building it up three feet, and now all of a sudden
01:53:34 they're going to be looking down into your
01:53:35 property regardless of whether or not there's a
01:53:38 fence there or not.
01:53:39 >> That's correct.
01:53:40 According to the plans, the runoff from day one.
01:53:44 You see here with the fence --
01:53:49 >>FRANK REDDICK: Sir, this gentleman here.
01:53:53 >> While it's correct that it will be raised there
01:53:56 is going to be between 8 and 12-foot landscape
01:54:00 around the perimeter which should obstruct what
01:54:03 they are currently experiencing right now.
01:54:04 >>HARRY COHEN: So what you are saying is when
01:54:08 it's finished, you won't be able to stare down
01:54:13 into their property because the land scheming
01:54:14 that's already programmed for the site is going to
01:54:16 block their ability to see in?
01:54:20 >> Correct.
01:54:21 >>HARRY COHEN: So this is a temporary condition
01:54:23 along with the construction?
01:54:25 >> Absolutely.
01:54:25 >>HARRY COHEN: Let me just say, also, we can't do
01:54:30 a fence higher than six feet anyway so really the
01:54:34 landscaping is the best alternative in terms of
01:54:36 blocking out the site line.
01:54:41 >>FRANK REDDICK: Okay, any other questions for the
01:54:42 petitioner?
01:54:45 Sir, sir, unless one of these councilmen asks you
01:54:49 a question as a follow-up, you are not allowed to
01:54:51 speak a second time.
01:54:52 >> One of the questions didn't get answered.
01:54:57 >>LISA MONTELIONE: May I make a suggestion?
01:55:09 >> yes, ma'am.
01:55:10 >>LISA MONTELIONE: If there's not within the
01:55:13 petition, and the approval process, is not as Mr.
01:55:16 Cohen stated, things that we can and cannot
01:55:19 request.
01:55:19 But the applicant seems very willing to work with
01:55:21 you.
01:55:22 So if after we vote on this you can, you know, had
01:55:26 go to the lobby and work your things out.
01:55:29 He seems to be willing to work with you.
01:55:33 Thank you.
01:55:34 >>FRANK REDDICK: All right.
01:55:35 Any other comments?
01:55:36 >> No, sir.
01:55:37 >>FRANK REDDICK: Anyone else from the audience
01:55:40 wish to speak on item number 45?
01:55:44 Additional comments, questions from council?
01:55:46 >> Move to close.
01:55:48 >> Second.
01:55:49 >>FRANK REDDICK: Motion by Mrs. Montelione.
01:55:50 Second by Mrs. Capin.
01:55:52 All in favor?
01:55:53 Opposed?
01:55:53 Ms. Cap peen.
01:55:57 >>YVONNE CAPIN: Thank you, Mr. Chair.
01:56:02 REZ 15-81, an ordinance rezoning property in the
01:56:05 general vicinity of 4015, 4017, 4023, 4027, and
01:56:11 4055 South Dale Mabry Highway in the City of Tampa
01:56:16 and more particularly described in section 1 from
01:56:18 zoning district classifications CG commercial
01:56:20 general to PD planned development, all CG uses,
01:56:24 providing an effective date.
01:56:25 >> Second.
01:56:27 >>FRANK REDDICK: Motion by Mrs. Capin.
01:56:28 Seconded by Mr. Suarez.
01:56:30 Please record your vote.
01:56:40 >>CLERK: Motion carried unanimously.
01:56:42 >>FRANK REDDICK: Item number 46.
01:56:46 item number 46.
01:56:50 >>
01:56:56 >>SHAUN AMARNANI: City attorney's office.
01:56:57 Do have we want to go into the plan comp plan or
01:57:00 stick to the quasi-judicial hearing?
01:57:02 We can go either way.
01:57:04 >>FRANK REDDICK: Well, in that case then, let's go
01:57:06 back to item 39.
01:57:19 Item 39.
01:57:20 >> Chairman, council members, Mark Bentley.
01:57:25 I used my time.
01:57:27 Would you like to hear the balance of our
01:57:28 concerns?
01:57:34 >>FRANK REDDICK: Three more minutes.
01:57:35 >> Don't start the timer yet.
01:57:40 >> Just want to clarify, we are not just going
01:57:44 through the project fundamentally.
01:57:46 There are certain design aspects that we think are
01:57:48 detrimental to our client.
01:57:50 For the record those clients once again, to make
01:57:52 it clear, Tampa Bay One LLC own the majority of
01:58:02 the land to the east, and 15 Lake Building you
01:58:07 might know as the Progressive Insurance building.
01:58:14 Probably the simplest way to do this, and also to
01:58:16 make clear, we had discussions. John and I are
01:58:21 good friends.
01:58:25 It's not like they are trying to sideswipe us but
01:58:29 these things happen.
01:58:34 But I have all the documentation.
01:58:37 I have had three minutes.
01:58:38 It's all here if you have any questions.
01:58:40 Back to the point I was making, the car wash, you
01:58:42 can literally see the car going into the
01:58:45 right-of-way.
01:58:45 This is a substandard right.
01:58:47 It's a smaller than South Tampa residential
01:58:50 street, 45 feet wide, two 11-foot typical lanes
01:58:54 than 12 feet.
01:58:55 See the dumpster here?
01:58:56 See the truck sticking out into the right-of-way?
01:58:58 It's my understanding that that's not authorized
01:59:02 under the city's solid waste provision in the Land
01:59:05 Development Code.
01:59:06 The sign we talked about, Westshore overlay, and
01:59:10 also the city's sign regulations, we are trying to
01:59:13 get these under control.
01:59:14 30 feet tall.
01:59:17 30 square feet I would say roughly based on
01:59:20 observing information I saw.
01:59:21 We believe they should comport with the Westshore
01:59:24 overlay district just like our client is going to
01:59:26 have to in the near future.
01:59:28 36 monument sign.
01:59:30 And that's the first thing you create especially
01:59:33 in the gateway to our project.
01:59:37 There are some situations that are logical and
01:59:39 rational but, in this case want to keep that
01:59:43 larger sign.
01:59:43 When you look at the larger sign, you will see, if
01:59:46 it was eliminated, it would give them some
01:59:48 flexibilities to make some design changes with
01:59:51 respect to the car wash and the dumpster.
01:59:55 The entire north side of Grace Street on their
01:59:58 project, it's all buildings.
02:00:00 There's absolutely no landscaping whatsoever down
02:00:03 the entire length of that project.
02:00:04 Also, city transportation in the staff report, as
02:00:10 I mentioned before, we are working with the city
02:00:12 right now on Cypress and Dale Mabry.
02:00:17 The city is requiring a certain portion of
02:00:19 right-of-way.
02:00:19 Very minimal from this property.
02:00:22 In the staff report, they shall dedicate.
02:00:25 I don't know if anyone picked up on it but it says
02:00:28 there is an easement for right-of-way.
02:00:32 There's great distinction between easement and
02:00:33 dedication.
02:00:34 You have to compensate the property, using an --
02:00:40 an interest in the property.
02:00:41 So those are the big picture things.
02:00:45 It seems they kind of want to have their cake and
02:00:48 eat it to.
02:00:48 They want certain waivers but they don't want to
02:00:51 relinquish --
02:00:54 (Bell sounds).
02:00:55 Thank you very much.
02:00:58 >> Which cross street does Grace cross once you
02:01:00 get off Dale Mabry? What street?
02:01:03 >> It goes to the east called Marie.
02:01:09 To Cypress.
02:01:11 >>YVONNE CAPIN: Not obviously the land itself, the
02:01:13 pick first of the property.
02:01:16 So, yes, it does not go to Himes.
02:01:20 >> No.
02:01:26 Couch. One of my clients.
02:01:27 Here is Marie.
02:01:29 All these roads have been vacated when we did part
02:01:33 of the project.
02:01:33 The only public road is actually Marie to the
02:01:36 north.
02:01:39 >>YVONNE CAPIN: So Grace from Dale Mabry has been
02:01:40 vacated?
02:01:41 >> No, Grace is open and so is Marie.
02:01:44 Other than that, all these roads --
02:01:47 >>YVONNE CAPIN: I remember that, okay.
02:01:48 >> We have a picture of that.
02:01:56 >>YVONNE CAPIN: So we are talking about going
02:01:58 around -- thank you.
02:02:00 >> And here is our project like I mentioned.
02:02:03 So this would be Grace.
02:02:05 Right now the game plan is to maintain the
02:02:07 existing progressive insurance building.
02:02:09 And here is essentially Marie.
02:02:11 And then a major collector going from Himes.
02:02:15 >>YVONNE CAPIN: Okay, but you are going to be
02:02:17 using Grace.
02:02:18 What was vacated.
02:02:19 >> Yes, as part of the project, Grace would
02:02:24 actually go through the building if it went all
02:02:26 the way to Himes.
02:02:28 >>YVONNE CAPIN: So Grace is going to be open to
02:02:30 Himes?
02:02:30 >> No, Grace is open to this point.
02:02:32 >> To Marie.
02:02:33 >> Correct.
02:02:34 >> Again.
02:02:36 Then it's going to come around -- all right.
02:02:39 Grace is a public street.
02:02:43 >> Correct.
02:02:46 >>CHARLIE MIRANDA: I was going to mention,
02:02:48 Mr. Chairman, the same thing as Ms. Capin
02:02:51 mentioned.
02:02:51 I don't think Grace goes through from one side
02:02:55 east to west any longer.
02:02:56 Marie also is an ingress and egress to a private
02:03:01 development.
02:03:03 Is Grace going to remain public or be private?
02:03:06 >> It's going to Remain public.
02:03:07 The only way you could vacate it would be with the
02:03:10 adjoining property owners' permission.
02:03:12 >>CHARLIE MIRANDA: So what we are here begun is
02:03:15 discussing that portion of Grace, really.
02:03:17 That's the only impact.
02:03:18 >> Correct.
02:03:19 >> Because that's the only one unless all parties
02:03:23 agree to vacate will never happen.
02:03:25 >> Exactly.
02:03:27 >>CHARLIE MIRANDA: Is it sort of like a private
02:03:29 thing between you two?
02:03:31 You are the only property owners.
02:03:33 >> No, there's -- there's three property owners.
02:03:37 My client owns property in a different
02:03:39 corporation.
02:03:40 But essentially, it appears that the only two
02:03:44 property owners that really use that property
02:03:45 would be the petitioner -- or three, Ted, and then
02:03:53 my client.
02:03:53 >>CHARLIE MIRANDA: There's got to be some surface
02:03:58 there to get through.
02:04:01 I remember back in 2001, 15, 16 years ago, a
02:04:08 fellow from New York --
02:04:09 >> Yes, we started the project, with 350-room
02:04:11 hotel.
02:04:14 And here we go again, we are ready to start.
02:04:17 Like I said, there are going to be 8 to 10,000
02:04:20 employees.
02:04:20 >> You said yourself, Mr. Grandoff discussed this,
02:04:25 that and the other. What did you all come up
02:04:26 with?
02:04:26 >> They like to --
02:04:31 >>CHARLIE MIRANDA: I ask you both, you and him
02:04:33 both.
02:04:33 What did you all come up?
02:04:35 >> What did we come up with?
02:04:35 >> Lunch? You know he's too cheap for that.
02:04:38 (Laughter)
02:04:42 >> We just had some --
02:04:48 >>CHARLIE MIRANDA: I know. What happened?
02:04:51 >> I talked to my client and John talked to his
02:04:55 client and said they want to maintain the project
02:04:57 as designed.
02:04:58 So here we are.
02:04:59 >>CHARLIE MIRANDA: Mr. Chairman, I tried.
02:05:03 >>FRANK REDDICK: Mr. Suarez.
02:05:03 >>MIKE SUAREZ: A couple things.
02:05:05 Could you put that graphic back up again,
02:05:06 Mr. Bentley?
02:05:08 >>MARK BENTLEY: Which one?
02:05:10 >>MIKE SUAREZ: The rendering.
02:05:12 Okay.
02:05:12 Now, you know, I understand what you are trying to
02:05:14 say about Grace Street and with Marie.
02:05:19 Your description of it being a gateway street
02:05:22 flies in the face of the rendering.
02:05:23 The rendering itself obviously shows that Marie is
02:05:25 your entranceway.
02:05:26 The way -- you know, I'm not an architect.
02:05:31 An architect will tell you they are a lot smarter
02:05:33 than anyone else.
02:05:34 So you look at Marie street and you look at how it
02:05:38 curves with the look of your building.
02:05:40 That's the entranceway.
02:05:42 I apologize.
02:05:42 In terms of what I see from my eyes.
02:05:44 That's not an debatable point.
02:05:47 That's my opinion.
02:05:49 The second thing is, right now with the way Grace
02:05:54 is, it's very hard to figure out if we left it the
02:05:56 way it is,
02:05:57 It's not going to look any better.
02:05:59 It's not going to help you in terms of it being a
02:06:03 gateway.
02:06:03 So I have a little bit of a problem with this
02:06:06 aspect of your presentation, not because I don't
02:06:10 understand what you are saying but because I don't
02:06:12 understand the reasoning behind it saying it's a
02:06:16 gateway street when in fact -- and I think we all
02:06:18 know if you are coming south along Dale Mabry, you
02:06:20 are going to have to do a U-turn any way to be get
02:06:24 along Grace as opposed to coming along Cypress,
02:06:26 taking a left onto Marie to get to the building.
02:06:29 So it seems a little bit -- unless you have got
02:06:32 some plan with FDOT to come up with a right turn
02:06:36 at Grace which I doubt they will let you have --
02:06:39 I'm not sure, and I know what you are saying,
02:06:43 Mr. Bentley.
02:06:44 >> It's pretty complicated discussion.
02:06:47 But if I can just take a couple seconds to
02:06:50 elaborate.
02:06:51 By gateway, this is the gateway, the collector
02:06:54 road.
02:06:55 And there's going to be a signal here approved by
02:06:57 the city on Himes.
02:06:58 That location.
02:07:00 But we have got right in and out, for example, a
02:07:03 college in this building right here, obviously
02:07:06 northbound.
02:07:07 People go directly onto Grace.
02:07:09 They enter our project there.
02:07:10 It's not the gateway but it is a gateway
02:07:15 definitely.
02:07:15 >> Well, a gateway because there's only two ways
02:07:18 to get in.
02:07:18 >> You have a 2 million square foot project with
02:07:21 entrances.
02:07:23 >> And a car wash right there.
02:07:26 >> Well, maybe you need clean cars.
02:07:29 I'm not sure.
02:07:30 I think that the project itself as Mr. Miranda
02:07:33 mentioned and Ms. Capin mentioned, I think there
02:07:36 is probably some way to make this work for
02:07:38 everyone involved.
02:07:39 These not for us to say.
02:07:40 I think it's something that you as individual land
02:07:44 owners or representatives for the land owners can
02:07:46 come up with something.
02:07:48 It's a wonderful project that we hope goes
02:07:50 through, you about at the same time we need to
02:07:52 make sure that everyone has an equal way of
02:07:54 getting to their project.
02:07:55 >> No, I understand.
02:07:58 Here again we don't think it comports to certain
02:08:01 regulations and that's all.
02:08:03 >> Thank you, Mr. Bentley.
02:08:05 >>LISA MONTELIONE: I have a question,
02:08:08 Mr. Bentley.
02:08:09 If I remember before the break, you had mentioned
02:08:11 that Grace was offering essentially as their
02:08:17 driveway.
02:08:17 >>MARK BENTLEY: Yes.
02:08:20 No, as is proposed.
02:08:22 >>LISA MONTELIONE: As proposed driveway.
02:08:25 >> With certain aspects of their operation that
02:08:27 are going to function in the public right-of-way.
02:08:29 Today they are not.
02:08:33 Mrs. Montelione, you can see here, to interrupt
02:08:37 you --
02:08:38 >>LISA MONTELIONE: If you can bring it a little
02:08:40 bit closer.
02:08:41 The rolly button on the top.
02:08:45 There you go.
02:08:45 That goes up and down.
02:08:47 Thank you.
02:08:47 >> Right here is where the car wash is right now.
02:08:51 No problem.
02:08:51 The dumpster is here right now so the car wash has
02:08:54 been moved up higher, and solid waste here where
02:08:58 the truck actually hangs out in the right-of-way
02:09:00 to pick up garbage.
02:09:01 So the problem is that certain design aspects
02:09:04 relate -- they won't function unless you use the
02:09:08 public right-of-way.
02:09:09 You saw their site plan.
02:09:10 Literally it's a car wash.
02:09:12 You can see.
02:09:14 When you are coming south, this was their design.
02:09:18 Here is the property line right here.
02:09:20 Okay?
02:09:22 Car coming out of the car wash, still in the car
02:09:27 wash, about eight feet into the road.
02:09:29 >>LISA MONTELIONE: And move that down just a
02:09:36 little bit.
02:09:36 Which roadway is that?
02:09:38 >> That's Grace.
02:09:43 >> So I mean if that's the problem, one of the
02:09:46 problems that you are citing is when it comes out
02:09:49 of the car wash it's already partway in the road.
02:09:54 There seems to be the abilities to do something
02:09:57 with the car wash building.
02:10:01 Make it shorter perhaps, that would prevent that
02:10:03 from happening.
02:10:04 Or moving it up.
02:10:05 I mean, it looks like there's plenty of room where
02:10:08 the arrow is, and a little illustration of the car
02:10:11 there.
02:10:12 I can't redesign the project on the fly.
02:10:16 But part of my -- part of what I wanted to say was
02:10:22 that in your statement that they are using Grace
02:10:26 street, the development is using Marie street.
02:10:31 As the entrance to the property.
02:10:32 So it seems like both property owners are
02:10:38 utilizing public roads as entrances.
02:10:42 >> Just as Marie has 60 feet of right-of-way we
02:10:45 approved it.
02:10:46 It's beautiful.
02:10:47 You go out there, it's a public road.
02:10:49 If you use Circle K and come out from the car wash
02:10:52 you can go over to Marie, a public road, go back
02:10:54 to Cypress and go to the east.
02:10:56 >>LISA MONTELIONE: I was going to ask you if you
02:10:58 have a spot because it actually does have the
02:11:00 continuation of Marie outlined on the plat in
02:11:04 light blue so you can see where it swoops through.
02:11:07 >> But you can see right now, if you leave the
02:11:13 shell right now and go out, you can see how it's
02:11:15 landscaped here.
02:11:17 It dead ends here.
02:11:19 It's a public road and my client enhanced Marie.
02:11:21 So if you are a Commissioner and wants to go
02:11:24 eastbound on Cypress how do you do that?
02:11:26 You just go out, hang a right go, south on Marie,
02:11:29 go east on Cypress and you are gone.
02:11:31 Okay? So that's a public road that Circle K is
02:11:35 using and my client is using.
02:11:37 We never tried to vacate that portion.
02:11:40 It's never going to be vacated.
02:11:42 We have an agreement with the city.
02:11:43 >>LISA MONTELIONE: But it all comes down to the
02:11:48 biggest concern, itself seems, is that the cars
02:11:51 are going to be coming out of the car wash into
02:11:53 the right-of-way.
02:11:54 >> The solid waste and landscaping.
02:12:02 The sign.
02:12:03 >>LISA MONTELIONE: Well, looking at the staff
02:12:08 report, you weren't here when we had this first
02:12:15 hearing.
02:12:15 And I am looking at the waivers.
02:12:20 So the entry space, canopies, setback and tree
02:12:26 removal.
02:12:28 There's no waiver for the sign, and it says in
02:12:31 here that on page 6 of the staff report, number 6,
02:12:37 coincidentally, the new design is consistent with
02:12:39 the Westshore overlay district that serve it is
02:12:44 northwest corner it property with the main entry
02:12:46 on Dale Mabry Highway.
02:12:49 Number 8 says, paraphrasing, that they had worked
02:12:55 with design that the treatment is consistent with
02:12:59 the Westshore overlay district.
02:13:01 So you are purporting that the sign is not --
02:13:06 >> The only sign.
02:13:09 >>LISA MONTELIONE: Then H go ahead.
02:13:10 Then I want to ask staff.
02:13:11 >> Both generic sign regulation and the Westshore
02:13:15 overlay has its own unique sign regulation to
02:13:19 encourage aesthetic uniformity.
02:13:22 The new sign is 15 feet.
02:13:24 Okay.
02:13:24 There's provision in there, if you have a legal
02:13:27 nonconforming sign, it can maintain if you felt
02:13:31 certain alterations are needed, certain
02:13:34 percentage.
02:13:34 Okay.
02:13:34 Their sign is 30 feet tall.
02:13:37 Now, what I am saying is there's been no evidence
02:13:40 in the record that it is a legal nonconforming
02:13:42 sign, number one.
02:13:43 The staff report here says it complies with the
02:13:46 Westshore.
02:13:47 They are assuming that it's legal.
02:13:48 Number two, if you go back --
02:13:51 >>LISA MONTELIONE: That's why I wanted to ask
02:13:53 staff because I was hoping in the review think
02:13:56 would have determined whether it was legal
02:13:58 nonconforming or not.
02:13:59 >>MARK BENTLEY: And when you go back to 6, you
02:14:01 have discretion to determine what's compatible,
02:14:04 especially number 8, promote architecture that
02:14:07 complements the surrounding community.
02:14:09 So they want certain waivers on the one hand.
02:14:11 So they want to hang onto that 30-foot sign which
02:14:14 they don't necessarily need.
02:14:15 The second issue raised about no landscaping
02:14:18 waiver, their setbacks are very minimal under the
02:14:21 Westshore overlay, only 3 feet or one foot or zero
02:14:24 feet on the north side on Grace street.
02:14:26 We get it.
02:14:27 Grace is kind of unique.
02:14:29 But maybe they can't put land escaping there or
02:14:31 staff is not requiring it.
02:14:32 But that whole stretch of property from Dale Mabry
02:14:36 to the end of their property to the east are
02:14:39 absolutely not one pies of grass.
02:14:41 So when you go down there, you can sigh the back
02:14:44 of the Circle K, cars coming out, and that's it.
02:14:49 There's a little bush or tree --
02:14:52 >>LISA MONTELIONE: So it might be aesthetically
02:14:54 pleasing --
02:14:56 >> I wouldn't think so.
02:14:57 I have an elevation that shows it.
02:15:00 My point here, too, is you have got some
02:15:03 discretion here to determine what's compatible in
02:15:05 light of the surrounding land uses there.
02:15:07 So I wouldn't think -- is there any real reason?
02:15:10 And I asked them why they need a 30-foot sign.
02:15:13 I can't imagine.
02:15:14 >> So a question for staff.
02:15:16 If I can have staff address whether or not this is
02:15:18 a legal nonconforming sign and whether it meets
02:15:22 the standard, and whether they need the waiver for
02:15:24 that sign.
02:15:25 >>MARY SAMANIEGO: Land Development Coordination.
02:15:36 It's my understanding it's a legal nonconforming
02:15:39 sign.
02:15:39 >> And the determination was made -- how was the
02:15:46 determination made?
02:15:47 Can you walk us through that?
02:15:49 MARY SAMANIEGO: I did not make the determination.
02:15:51 This is not my case.
02:15:52 Specifically, we research the sign in the record
02:15:57 and what the applicable code provisions were at
02:16:01 the time and if it had a permit.
02:16:04 And then signs become occupying, because of the
02:16:09 Westshore overlay.
02:16:10 >> I would have thought this would be mentioned
02:16:15 somewhere in the staff report, and maybe it is,
02:16:18 and I didn't see it.
02:16:21 So it seems to be an oversight, which is what
02:16:26 maybe is giving Mr. Bentley pause that review was
02:16:34 done and it was found to be nonconforming.
02:16:39 I'm going through the staff report, and it's not
02:16:41 here.
02:16:43 It doesn't address the signage at all except for
02:16:48 the statements that I read on page 6.
02:16:55 So, I mean, if the sign is an issue, I would like
02:16:59 to have that settled before we just approve this,
02:17:05 that it is legal nonconforming and they can keep
02:17:08 it.
02:17:10 I understand, I mean, if this were next to the
02:17:13 interstate, you know, and we have done that
02:17:15 before, we have allowed pipe to keep signs because
02:17:18 with the change in the elevation.
02:17:19 >> It is next to the interstate.
02:17:22 >> It is next to the interstate.
02:17:25 >> If I may, I'm thinking North Dale Mabry.
02:17:29 >> You're right.
02:17:30 >> And we have done that before, with an office
02:17:33 furniture store on 275 when they changed the
02:17:35 elevation of the 275, allowed them to keep that
02:17:39 sign.
02:17:41 But if it wasn't found legal nonconforming in the
02:17:46 staff report, they would still need the waiver.
02:17:48 >>MARY SAMANIEGO: If I may.
02:17:54 An existing nonconforming sign to remain.
02:17:57 They are just stating it's a nonconforming sign to
02:18:02 remain.
02:18:03 It will be governed under the nonconforming
02:18:05 regulations, if you lose it, you lose it.
02:18:17 We have a Burger King, a couple of them.
02:18:25 They do have a long litany of waivers.
02:18:28 >> All right.
02:18:32 The issue that you brought up with solid waste, we
02:18:36 have a lot of site plans that have issues that we
02:18:42 address -- we talked before about restaurants and
02:18:50 establishments.
02:18:53 That's been an issue.
02:18:54 So I don't know, is there anything,
02:18:57 transportation, solid waste, can the trucks turn
02:19:01 around?
02:19:03 >>MARY SAMANIEGO: I reviewed the solid waste
02:19:05 report.
02:19:05 The truck will be on the property.
02:19:08 The site plan clearly shows the truck not even up
02:19:10 to the dumpsters yet.
02:19:12 They just show it for the scale.
02:19:14 So the truck will be on the property during
02:19:17 clicks.
02:19:17 They come up Grace street.
02:19:19 They come up Grace street now. This is a full
02:19:23 open access now for all traffic.
02:19:27 So I the truck will enter the site, collect, back
02:19:30 up, collected, reverse, and leave.
02:19:35 And then the car wash, when the car or vehicle
02:19:40 ends right here, that's when you get dried.
02:19:43 You pull up, and I think they show the car pulled
02:19:46 up to clear the curbing, you know, to see.
02:19:49 And then they pull out.
02:19:50 But no other traffic will be on Grace.
02:19:52 Just the utility truck, again, a car wash truck.
02:20:00 As far as moving it further to the north I know
02:20:02 staff did look at it.
02:20:04 There's two existing trees we are trying to save
02:20:06 and those are the protective radii for those.
02:20:09 I'm sorry, you can't see.
02:20:10 Here is the protective radii for those, relatively
02:20:14 close already.
02:20:20 >>FRANK REDDICK: Ms. Capin.
02:20:23 >>YVONNE CAPIN: Closer to the right-of-way.
02:20:25 Here is my concern.
02:20:28 I heard a red light, having a camera on lights at
02:20:33 the entrance when the new project -- just what way
02:20:37 need is another red light there as you go onto the
02:20:40 expressway, keep backing it out.
02:20:44 That is a nightmare on Dale Mabry and it's going
02:20:45 to become a nightmare on Himes.
02:20:47 Because there's already a traffic light on
02:20:50 Cypress.
02:20:50 It's a very short distance to the next one.
02:20:53 And then it's an on ramp to the interstate.
02:20:58 That is a concern.
02:21:00 But I just heard it and I travel that all the
02:21:03 time.
02:21:04 And --
02:21:12 >> Over here if I can make that clear, there's no
02:21:15 light at Marie.
02:21:16 >> I thought you said Marie.
02:21:19 >>MARK BENTLEY: I'm sorry, Nassau and Himes.
02:21:23 >>YVONNE CAPIN: Where is that?
02:21:25 >>MARK BENTLEY: Mrs. Capin, the light would be
02:21:27 over here.
02:21:28 And there's no light intended for Marie.
02:21:32 >>YVONNE CAPIN: Is that before the on-ramp to the
02:21:35 express lane, Nassau?
02:21:37 And then there's another light underneath --
02:21:39 there's another traffic light.
02:21:42 Three traffic lights within a distance that -- I
02:21:46 don't even think it's a quarter mile. Anyway,
02:21:51 that's the concern here.
02:21:54 But as far as the sign and Grace street.
02:22:01 >>CHARLIE MIRANDA: When the cars are coming out
02:22:05 of the car wash, is it still all on the property
02:22:08 of the owners or the right-of-way of the city?
02:22:10 >> We are getting an answer for you all than oh
02:22:19 that.
02:22:22 >>JOHN GRANDOFF: Can you answer that question, the
02:22:24 site engineer?
02:22:25 Pardon me, John Grandoff on behalf of Circle K.
02:22:29 Mr. Miranda's question as to the car wash, Mark
02:22:32 Sullivan is our professional on the project.
02:22:35 >> Mark Sullivan, Bohler Engineering, Tampa 33624.
02:22:45 When the vehicle will exit the car wash, there's
02:22:48 about five feet there before the actual
02:22:51 right-of-way line.
02:22:52 What is pictured on the plan -- I don't have it
02:22:56 here, but it's simply intended to show where the
02:23:00 vehicle may get up to -- at least not in the
02:23:02 travel lane yet.
02:23:03 >>CHARLIE MIRANDA: Then it's about three feet in
02:23:08 from the roof top of the car wash going out.
02:23:10 >> This is a different car wash.
02:23:17 I believe the vehicle will be dry before the
02:23:22 actual apron.
02:23:22 >>CHARLIE MIRANDA: But as soon as a vehicle
02:23:25 leaves the end of that car wash, the car is out of
02:23:29 the car wash, is any part of that car on the city
02:23:33 right-of-way or not?
02:23:34 >> Well, there's five feet from the front, if you
02:23:39 will, the building.
02:23:41 There's five feet from that point to where the
02:23:44 right-of-way starts and probably another 15, 20
02:23:47 feet before the actual pavement, actual travel
02:23:49 lane.
02:23:49 >>CHARLIE MIRANDA: My only concern is, I don't
02:23:53 want to start a new thing in the city where
02:23:55 everybody can do things in the right-of-way.
02:23:57 And that's my only concern.
02:23:59 Not just on your property, on all of them.
02:24:01 >> I understand.
02:24:03 >>CHARLIE MIRANDA: I don't mind stops in
02:24:04 right-of-way and people going on the right-of-way.
02:24:08 That's fine.
02:24:08 But I don't wants a car on city right-of-way, and
02:24:11 if there's an accident somewhere, and then come
02:24:13 back to the city.
02:24:14 >> I understand.
02:24:17 Where the vehicle is positioned as shown on that
02:24:20 drawing, simply to show for an existing vehicle.
02:24:27 If there's no washing or drying or anything that's
02:24:31 occurring in the right-of-way.
02:24:31 >>CHARLIE MIRANDA: You are explaining it to us.
02:24:37 What does that do for the --
02:24:40 >> It's out.
02:24:41 >>CHARLIE MIRANDA: And make a turn.
02:24:43 >> Once they exit from the building it's done.
02:24:47 It's ready to get on down the road.
02:24:49 >>HARRY COHEN: Can you put the site plan back up
02:24:54 for a second?
02:25:03 Lower it just a little.
02:25:06 Not to micromanage this whole process, but to Mr.
02:25:10 Miranda's point, it does seem to me the car wash
02:25:13 could be moved back even two feet or so down to
02:25:17 make it a little less.
02:25:18 You would just make it a little less of a problem
02:25:20 than it is now.
02:25:21 It's close to the canopy, but there's a few feet
02:25:25 it could come forward.
02:25:28 >>YVONNE CAPIN: Well, concerned about the roots,
02:25:31 too.
02:25:31 >>HARRY COHEN: So just to Mr. Miranda's point, I
02:25:35 want to just stay say for the record even though
02:25:37 it's not part of the application what Councilman
02:25:41 Capin said was exactly right.
02:25:45 About traffic lights.
02:25:46 But you could go down, which would mitigate it a
02:25:52 little bit and make it a little bit better.
02:25:54 >> Understood.
02:25:56 Within whatever tolerance is allowed by staff as
02:25:59 part of the site plan review which is what we hope
02:26:01 to get into, following approval, whatever
02:26:04 flexibility we have to hold that slightly away
02:26:08 from the street, we have to show the setback
02:26:12 information in the upper left hand corner.
02:26:16 We have that flexibility with Wendell Oliver
02:26:22 again.
02:26:23 And we can shift it slightly.
02:26:25 But we are then dealing with tree distance.
02:26:29 >> And it might be enough to satisfy concerns is
02:26:40 all.
02:26:41 >>LISA MONTELIONE: And I hated it when people
02:26:45 this side of the dais redesign my project.
02:26:50 But. If we don't get a commitment you from here,
02:26:55 to make the changes between -- we don't even have
02:27:00 a first and second reading.
02:27:02 This is second reading.
02:27:03 >> I think the way it is right now, it's standard
02:27:08 for industry for these types of installation,
02:27:11 these types of locations.
02:27:12 >>LISA MONTELIONE: I mean, I would like to ask
02:27:20 that, you know, it clearly be stated that the
02:27:22 sign, that that thing is not being pursued, and
02:27:26 that it will not be pursued in the future for that
02:27:29 sign, and that there is a commitment to reduce the
02:27:34 impact to the right-of-way.
02:27:36 Because we have enough problems, as Mr. Miranda
02:27:39 stated, with people operating in the right-of-way,
02:27:42 trying to not continue that practice.
02:27:46 So whatever we can do to get those assurances
02:27:50 here, because once it lives here and we say
02:27:53 okay --
02:27:56 >> I'm as concerned about it as you are because
02:27:58 when I sign it, it's the rest of my life.
02:28:03 So it's been reviewed.
02:28:08 One of the first things we do is look at things
02:28:12 relative to compliance with code, with safety
02:28:15 regulations.
02:28:16 That's how it was set up.
02:28:17 I appreciate mark's comments.
02:28:19 But this is a standard design for industry, are
02:28:23 whatever tweaking may be possible as part of the
02:28:25 site plan review, we are all for it.
02:28:28 We have to move forward.
02:28:29 >>LISA MONTELIONE: This isn't part of anything.
02:28:31 And I know better to say this because staff will
02:28:34 correct Leme.
02:28:35 But the aesthetics of the screening for the back
02:28:38 of the property, I mean, you realize it is a
02:28:41 signature project that has been approved, and you
02:28:46 know there is, as pointed out, there's no
02:28:52 landscaping, no screening, nothing on the site
02:28:54 plan to shield that back of the convenience store
02:29:00 from that entryway into the project.
02:29:04 So we can't regulate it.
02:29:11 I can't ask you to do something aesthetically.
02:29:14 But the previous applicant, a little
02:29:16 consideration.
02:29:18 >> Well, there is some landscaping along Grace
02:29:21 street.
02:29:23 And there are certainly buildings.
02:29:27 Directed by the Westshore overlay.
02:29:31 It's exactly as the overlay directs.
02:29:35 I'm not the architect and I appreciate the
02:29:37 comments earlier about architects.
02:29:41 (Laughter)
02:29:42 But architects work diligently with the staff to
02:29:48 look over that building.
02:29:50 So if staff is happy with it and certainly
02:29:55 reviewed with regard to the overlay.
02:30:01 >>FRANK REDDICK: All right.
02:30:01 Petitioner?
02:30:05 Do you have any additional comments to make?
02:30:14 >> I'm sorry, I want one ten-second comment and
02:30:18 I'm done.
02:30:19 You just heard mark testify that there's five feet
02:30:22 between the building and the right-of-way.
02:30:23 Your car is roughly 15, 16 feet long.
02:30:26 So you have got 11 feet actually when you pull
02:30:29 out, you are going to the right-of-way.
02:30:31 It's going to be widened.
02:30:32 Right now, they are basing their design on the
02:30:36 narrow two-lane, 11-foot lane road.
02:30:39 That's not impacting the road.
02:30:40 This road is going to be widened when they do the
02:30:43 project.
02:30:43 That car is it's five feet away, the car wash to
02:30:47 the end, you have automatically got 11 feet of
02:30:51 your car sticking in the royalty that's going to
02:30:53 be widened by probably my client.
02:30:57 Thank you for your time and consideration.
02:30:58 >>MARTIN SHELBY: And Mr. Bentley, you are placing
02:31:01 these items you referenced earlier into the
02:31:05 record?
02:31:05 Thank you.
02:31:10 >>FRANK REDDICK: All right.
02:31:14 Motion by Ms. Capin, seconded by Ms. Montelione.
02:31:16 All in favor of the motion say aye.
02:31:18 All right.
02:31:29 >>JOHN GRANDOFF: Suite 3700, Bank of America
02:31:30 Plaza.
02:31:33 First as to Ms. Montelione's concerns, the sign is
02:31:35 proper, in no way intended -- to the sign.
02:31:44 Second, on the car wash exit, this is the site
02:31:46 plan.
02:31:47 And the location of the car wash.
02:31:54 The site plan, calls out the setbacks, what are
02:32:04 called the yard, the car wash yard on the north,
02:32:10 we have the latitude to move it south in order to
02:32:12 comply with the building code, which Mr. Sullivan
02:32:16 must certify that he complies with, and he's not
02:32:19 putting a hazard in the Grace street right-of-way.
02:32:23 If he does that he puts life at risk so he has the
02:32:27 room to make it happen when we give him the
02:32:31 details.
02:32:32 Grace street right in and out is being used pretty
02:32:34 much as a main entrance.
02:32:36 Look at the aerial photographs.
02:32:45 It's a full entrance right now.
02:32:49 Now it's going to be limited to dumpster traffic,
02:32:51 briefly.
02:32:53 These guys move in and out fairly quickly.
02:32:55 And the car wash use.
02:32:56 That is it.
02:32:57 The main entrance is going to be on Cypress and on
02:33:00 Dale Mabry.
02:33:03 There are findings in the staff report, part of
02:33:07 which Mrs. Montelione has already conclusively
02:33:11 found on page 2, the urban design staff has
02:33:16 reviewed the site plans and the building
02:33:18 elevation.
02:33:19 Remember the north building observation there was
02:33:22 some concern, and finds this project consistent
02:33:24 with the Westshore overlay development standards.
02:33:29 Mark and I have labored many times on the
02:33:31 development standards.
02:33:32 They are tough to make and tough to write and
02:33:34 tough to enforce, and we have accomplished much in
02:33:39 that.
02:33:39 Continuing with your staff report on item 8 on
02:33:46 page 6, again, from architectural features and
02:33:52 elements, new branding for Circle K, the proposed
02:33:55 elevations meet facade transparency.
02:33:59 To see all portions of the store inside and out.
02:34:03 It meets the urban design regulations.
02:34:05 The staff report continues, than the signs on all
02:34:10 items are consistent, except the natural resource
02:34:12 item which we have covered.
02:34:15 Transportation staff has found it consistent.
02:34:18 Continuing into the Planning Commission report,
02:34:21 where the Planning Commission writes a very
02:34:26 thorough report, and the Westshore business
02:34:29 district, number one.
02:34:31 You are on a main corridor intersection,
02:34:34 interstate 75, Dale Mabry Highway, to a lesser
02:34:39 extent Cypress.
02:34:40 We are in a regional mixed use 100 activity
02:34:43 center, high intensity use of property.
02:34:47 And to paraphrase the last finding of the Planning
02:34:49 Commission on page 4, the proposed redevelopment
02:34:52 will be compatible with existing neighborhood and
02:34:56 also implement many pedestrian connectivity
02:34:59 elements, encouraged in the Tampa comprehensive
02:35:01 plan.
02:35:02 As to the dedication versus easement issue on
02:35:04 Cypress, we will do whatever the staff has, maybe
02:35:09 the dedication or by easement.
02:35:13 Mr. Bentley is well schooled in planning and the
02:35:15 law, and I respect him profession limb in many
02:35:19 ways.
02:35:19 However, his testimony here and arguments today do
02:35:22 not meet the level of competent substantial I have
02:35:24 had, and that is the test you must have today
02:35:27 which you conduct your second reading, and which
02:35:30 is fully supported by your staff.
02:35:32 I respectfully request your approval today.
02:35:33 Thank you.
02:35:35 Any questions by council?
02:35:39 Would anyone in the audience wish to speak on item
02:35:41 number 39?
02:35:47 >>YVONNE CAPIN: Move to close.
02:35:48 >> Second.
02:35:49 >>FRANK REDDICK: Motion by Mrs. Capin.
02:35:50 Seconded by Mr. Suarez.
02:35:51 All in favor say aye?
02:35:53 Opposed?
02:35:54 Ms. Montelione.
02:35:56 Will you read of that?
02:35:57 >>LISA MONTELIONE: Thank you, sir.
02:36:02 I move an ordinance being presented for second
02:36:05 reading and adoption, an ordinance rezoning
02:36:07 property in the general vicinity of 1001 North
02:36:09 Dale Mabry highway in the city of Tampa, Florida
02:36:11 and more particularly described in section 1 from
02:36:13 zoning district classifications PDA, planned
02:36:17 development alternative to PD planned development,
02:36:20 retail sales, gasoline and convenience goods with
02:36:23 accessory car wash, providing an effective date.
02:36:24 >> Second.
02:36:25 >>FRANK REDDICK: Motion by Mrs. Montelione.
02:36:27 Second by Mr. Suarez.
02:36:28 Please record your vote.
02:36:32 >>THE CLERK: Motion carried unanimously.
02:36:44 >>FRANK REDDICK: Okay.
02:36:52 Item number 40.
02:36:54 All right, item number 46.
02:37:06 >>
02:37:18 >>SHAUN AMARNANI: City attorney's office.
02:37:20 This sap city initiated comprehensive plan
02:37:22 amendment.
02:37:23 And I am here for any questions on second reading,
02:37:27 and this is for the grand Boulevard.
02:37:37 >>FRANK REDDICK: Any questions by council?
02:37:38 Anyone in the audience to speak on 46?
02:37:40 >> Move to close.
02:37:41 >>FRANK REDDICK: Motion by Mr. Suarez.
02:37:42 Seconded by Ms. Capin.
02:37:44 All in favor say aye.
02:37:45 Opposed?
02:37:47 Mr. Maniscalco.
02:37:50 >> I have an ordinance being presented for second
02:37:52 reading and adoption, an ordinance amending the
02:37:54 Tampa comprehensive plan, future land use element,
02:37:56 future land use map for the property located in
02:37:58 the general vicinity of the Hillsborough River
02:38:00 north of North Boulevard west of interstate 275
02:38:03 and east of north Rome Avenue from residential 35,
02:38:07 R 35, public semi-public P-SP and recreational
02:38:11 open space, R/OS to neighborhood mixed use 35, NMU
02:38:16 35, providing for repeal of ordinance 25015-112
02:38:20 providing for repeal of all ordinances in
02:38:22 conflict, providing for severability, providing an
02:38:24 effective date.
02:38:24 >> Second.
02:38:26 >>FRANK REDDICK: Motion by Mr. Maniscalco.
02:38:30 Seconded by Mr. Suarez.
02:38:32 Please record your vote.
02:38:33 >>THE CLERK: Motion carried with Montelione being
02:38:41 absent at vote.
02:38:43 >>FRANK REDDICK: Item number 47.
02:38:52 >>GLORIA MOREDA: Land development.
02:38:54 Speaking with the applicant, they indicated that
02:38:57 they still are working on the issue related to
02:38:59 off-street parking, as well as needing to tie down
02:39:04 their building plan to confirm the occupant level.
02:39:06 I believe they are requesting a continuance of
02:39:10 sixty days.
02:39:12 I have them here if you would like to speak to
02:39:14 them.
02:39:15 >>FRANK REDDICK: Anyone in the public wish to
02:39:16 speak on item number 4th?
02:39:17 >> Robert Morris, 2106 west Main Street, Tampa.
02:39:31 >> 2106 west Main Street, Tampa.
02:39:38 >> You requested a continuance?
02:39:41 Until when?
02:39:42 >> Sixty days.
02:39:43 >>THE CLERK: [Off microphone.]
02:40:02 >>HARRY COHEN: We could do it on the 28th
02:40:06 when we have an alcohol meeting.
02:40:08 >>FRANK REDDICK: Is 28th.
02:40:09 >>HARRY COHEN: I move we continue this item to
02:40:15 April 28th at 6 p.m.
02:40:17 >> Second.
02:40:18 >>FRANK REDDICK: Got a motion by Mr. Cohen,
02:40:20 seconded by Ms. Capin.
02:40:21 All in favor of the motion?
02:40:23 Opposed?
02:40:26 All right, thank you.
02:40:30 Way go to item number 49.
02:40:36 Number 48 is being continued.
02:40:40 >> Yes, Mr. Grandoff was going to offer a date.
02:40:57 >>JOHN GRANDOFF: Suite 3700 bank of America plaza.
02:41:00 On behalf of petitioner we requested a continuance
02:41:06 on petition to vacate right-of-way.
02:41:08 No particular hurry so I left it to your
02:41:10 discretion when it falls on your calendar to come
02:41:14 back for a public hearing.
02:41:15 >>LISA MONTELIONE: 60 days?
02:41:18 >>JOHN GRANDOFF: That's fine.
02:41:19 >>HARRY COHEN: April 21st at 9 a.m.?
02:41:24 Excuse me, 10:30 a.m.
02:41:26 >> We will notify the property owners as well.
02:41:37 >>FRANK REDDICK: Got a motion --
02:41:39 >>JOHN GRANDOFF: Excuse my.
02:41:40 The reason being my clients were scheduled to be
02:41:42 out of town today and thighs part of the reason.
02:41:44 >> We have a motion by Mr. Cohen.
02:41:47 Seconded by Mrs. Montelione.
02:41:49 All in favor of the motion?
02:41:51 Okay.
02:41:51 Item 49.
02:41:58 >>GLORIA MOREDA: Land development.
02:41:59 This is special use 1, 15-48 which is a request
02:42:04 for review.
02:42:06 It is property that is zoned CG.
02:42:10 I have the aerial that shows the location.
02:42:16 San Isabella.
02:42:19 I have it upside down.
02:42:21 Isabella and La Paloma.
02:42:23 Property just one block west of Bayshore and just
02:42:27 north of Bay to Bay if you are familiar with that
02:42:29 area.
02:42:32 The request is for a townhouse project.
02:42:36 And under the CG special use conditions, it
02:42:39 requires that development comply with RM-24
02:42:42 setback requirements.
02:42:45 This project, which would require a 25-foot front,
02:42:49 7 on the side and corner and 20-foot rear.
02:42:54 The proposed development is indicating that they
02:42:56 will have a setback of 20 feet off of Isabella.
02:43:01 The corner setback off Barcelona is 10.5 feet.
02:43:06 Their rear is 21.2 feet and their side setback
02:43:11 12.7.
02:43:13 This is requesting a waiver of the front setback
02:43:17 from 25 to 20.
02:43:23 If you have any other questions.
02:43:29 >>FRANK REDDICK: All right.
02:43:30 >>STEVE MICHELINI: I'm here on behalf of the
02:43:32 applicant to request the approval of the townhouse
02:43:37 project that Gloria just referenced.
02:43:41 And you may note the tree up here, the 36-inch
02:43:46 grand oak, is why we are pushing the project
02:43:51 closer down to Isabella, and that is becoming a
02:43:57 20-foot setback instead of 25-foot as required by
02:44:00 code.
02:44:00 So we have trees in the right-of-way that are
02:44:04 affected but that's not part of the this project.
02:44:07 That's the city determined that those would be
02:44:10 removed.
02:44:11 We have committed to meet all of the codes.
02:44:13 There aren't any other requests for waivers.
02:44:15 All the technical standards including
02:44:17 transportation, stormwater, and then we talked
02:44:21 briefly with one of the neighbors that are
02:44:22 concerned about that.
02:44:24 You cannot waive technical standards on
02:44:27 stormwater.
02:44:28 You have to meet the code on that.
02:44:30 And if you held us to the density allowed, this is
02:44:34 changing commercial property to a residential
02:44:36 property, and density will be less than half of
02:44:38 what would normally be permitted.
02:44:40 So if you were to develop an apartment building,
02:44:45 for example, at the 35 dwelling units per acre,
02:44:49 you would have a four or five-story apartment
02:44:52 building on this location.
02:44:54 We are developing and proposing it about 13.7
02:44:58 development units to the acre.
02:45:03 It would be possible by right under the code.
02:45:07 Isabella is backed unto the Crosstown expressway
02:45:12 and immediately to the south is an eight-story
02:45:15 office building.
02:45:16 Immediately to the north is an eight to ten-story
02:45:19 apartment building.
02:45:20 And then to the east is the synagogue.
02:45:25 And a park. And then there are townhouses further
02:45:28 down.
02:45:31 The development is consistent with the area
02:45:33 development standards.
02:45:34 And what is being proposed is actually less
02:45:37 intensive than what we normally would see on a
02:45:40 property of this size and nature.
02:45:42 And we think that we have developed a respectable
02:45:47 additional into this area.
02:45:48 It's a very low traffic area on Isabella at this
02:45:52 section, because as I say it dead-ends in the
02:45:56 Crosstown.
02:45:56 Normally transportation standards, you would see
02:46:00 six trips per day per unit which would be
02:46:02 approximately 36 trips on the network.
02:46:05 And you would have more like 200 trips a day or
02:46:08 more for a commercial property.
02:46:12 And it could be developed on the site.
02:46:13 This has long been a Greenslade plumbing location.
02:46:24 They had a number of service trucks that operated
02:46:24 there continuously. As a sensitive development in
02:46:28 this particular location, we believe that six
02:46:30 units is appropriate.
02:46:33 We originally had seven units which were removed
02:46:36 in order to make the units a little larger and to
02:46:40 spare some of the trees that were there.
02:46:41 We respectfully are requesting your approval.
02:46:44 >>HARRY COHEN: Two questions.
02:46:46 First of all, I think you might have misspoke.
02:46:49 You said Isabella was low traffic.
02:46:52 I think you meant Barcelona is low traffic.
02:46:55 >>STEVE MICHELINI: That's right.
02:47:01 >>HARRY COHEN: And I want to make sure I
02:47:02 understand.
02:47:03 What you are saying is that if you pushed these
02:47:05 units back, you would take the grand tree out.
02:47:08 And that's why you are asking for the waiver on
02:47:12 the front?
02:47:14 >>STEVE MICHELINI: You wouldn't take it out but
02:47:15 what you would effect is the limb span on the tree
02:47:19 itself and how they would affect the development,
02:47:21 and you also would not meet the protective radius
02:47:25 that we are showing as the 20 feet.
02:47:27 >> You wouldn't take it out but you risk killing
02:47:32 it?
02:47:32 >> You would endanger it, that's correct.
02:47:34 And you would also adversely impact the design and
02:47:37 the type of units that you would have on that
02:47:39 property.
02:47:42 We are proposing these to be 35 feet which is a
02:47:45 typical residential height.
02:47:48 You could have -- this is sort of like a balloon
02:47:53 kind of thing.
02:47:54 If you squeeze it in and went higher you could do
02:47:59 that.
02:47:59 But that really is not what this site is calling
02:48:01 for. This would be a better transition going to
02:48:03 the apartment building immediately to the north of
02:48:06 here.
02:48:07 And also in keeping with the surrounding
02:48:09 properties.
02:48:10 Now, the office building immediately to the south,
02:48:14 that property, we have heard that that probably is
02:48:16 going to be redeveloped.
02:48:17 But in the mine time, this acts as a very nice and
02:48:21 quiet buffer going into the neighborhood.
02:48:27 And again, as I said, we haven't and we cannot
02:48:30 waive technical standards regarding traditional
02:48:33 things.
02:48:36 On the site plan there's a note that says if
02:48:38 there's a 10% deviation on landscaping that we
02:48:41 have to come back to City Council for your
02:48:44 approval.
02:48:44 >>LISA MONTELIONE: We received an e-mail February
02:48:58 3rd, Wednesday, yesterday, from Ms. Pollyea,
02:49:02 who could not be here.
02:49:03 Otherwise, she would have been to put this in the
02:49:07 record.
02:49:07 Did you receive a copy of this e-mail?
02:49:10 >>STEVE MICHELINI: I did not.
02:49:10 >>LISA MONTELIONE: You did not.
02:49:12 Can we get a copy of the e-mail?
02:49:15 And also my aide is giving me the attachment
02:49:19 because she says attached are e-mails from Mr.
02:49:22 Wong, and he's doing that now.
02:49:36 You brought up a few things and a couple you
02:49:38 already, I think, addressed.
02:49:39 One is that we would hear her -- our concerns,
02:49:45 because she's the president of Bayshore Gardens
02:49:48 association.
02:49:50 Says here are our concerns now, and city staff
02:49:52 will follow up during future permitting especially
02:49:55 in regards to transportation, storm water and the
02:49:57 pruning of many grand and protected trees on the
02:49:59 parcel.
02:50:00 I know our staff, especially natural resources,
02:50:03 does watch like a hawk, no pun intended, but it's
02:50:08 trees.
02:50:09 But the trees -- that she talked about, the grand
02:50:13 trees, and it says that Mr. Wong provided the site
02:50:22 plan.
02:50:23 This is the top of the second page.
02:50:26 Provided the site plan, we were concerned about
02:50:27 the two grand trees being removed.
02:50:31 We contacted the developer and he responded by
02:50:33 e-mail, tried hard to save them but the city said
02:50:36 no.
02:50:39 When we talked to Kathy Beck, she said they he
02:50:42 would be allowed to be removed.
02:50:45 So --
02:50:49 >>STEVE MICHELINI: These are off-site.
02:50:50 These are not even on our property.
02:50:54 Those two are the ones they are talking about.
02:50:56 And they also cited the fact that TECO had pruned
02:51:01 them pretty aggressively.
02:51:02 >> But they are both grand trees.
02:51:07 >>STEVE MICHELINI: Off-site.
02:51:08 They are in the city.
02:51:09 They are not under our jurisdiction at all.
02:51:11 >>LISA MONTELIONE: But is the city going to
02:51:16 remove them for you?
02:51:16 >> No, they will make us remove them.
02:51:19 They are about $5,000 apiece to remove a tree.
02:51:21 >>LISA MONTELIONE: So I guess my question is, why
02:51:28 are we removing the trees? Even if they are badly
02:51:32 pruned by TECO, there are pruned TECO trees all
02:51:42 over the city that remain.
02:51:43 Why these two?
02:51:44 I guess this is for staff.
02:51:45 Why are these two being taken out?
02:51:49 >>STEVE MICHELINI: Let me just respond first of
02:51:51 all.
02:51:51 >>LISA MONTELIONE: Wait, wait.
02:51:59 The attachment?
02:52:01 The e-mail?
02:52:05 I can get you a copy of this. This is January 13,
02:52:07 2016, from John Luntz, Cathy Crawford, John
02:52:13 Dingfelder.
02:52:13 The city is requiring to us remove the trees
02:52:16 because TECO had butchered them over the years.
02:52:23 I wasn't aware that the city requires people to
02:52:26 remove trees because TECO butchered them.
02:52:28 >>STEVE MICHELINI: There's a couple of things
02:52:32 that affect removal of trees.
02:52:34 One is the reasonable use of the property.
02:52:37 And another is that any tree that's adjacent to
02:52:40 your property whether it's in the right-of-way or
02:52:42 not, you are responsible for them.
02:52:47 And so this is not the first time that I have been
02:52:50 faced with the city requiring a property owner to
02:52:52 remove a tree that wasn't on their property.
02:52:54 >>LISA MONTELIONE: Well, could you leave it
02:52:57 there?
02:52:58 >>STEVE MICHELINI: I doubt it.
02:52:59 You see where these trees are located as it
02:53:02 relates to the driveway.
02:53:03 I have somebody --
02:53:04 >>LISA MONTELIONE: These are off-site trees.
02:53:06 >>STEVE MICHELINI: They are off-site trees.
02:53:10 We worked through this process with the city over
02:53:13 several months.
02:53:14 We adjusted the site plan in accordance with them.
02:53:19 When they tell us to remove them, we are going to
02:53:21 remove them.
02:53:22 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
02:53:27 And I am not here representing TECO. I don't
02:53:29 represent nobody but the citizens.
02:53:31 But it is my understanding that four or five years
02:53:33 ago there was some change in the legislature of
02:53:37 how the trees are trimmed, and the high powered
02:53:41 wires, a V.
02:53:43 That was not TECO. That was by legislation.
02:53:46 As I understand it -- so, I mean, whether TECO
02:53:51 butchered them or not, it was done according to, I
02:53:53 guess, whatever the legislation is that they were
02:53:56 told to.
02:53:56 >>LISA MONTELIONE: I'm just reading --
02:53:59 >>CHARLIE MIRANDA: I want to make sure that I
02:54:00 don't send out a message to anyone, because that
02:54:02 was done by legislation.
02:54:03 >>LISA MONTELIONE: I think staff needs to address
02:54:12 the issue.
02:54:17 Well, you are part of the presentation.
02:54:19 I would imagine if your consultant --
02:54:26 >> My name is Bruce berg, 2510 Mystic Point Way,
02:54:29 Tampa.
02:54:32 I can speak on behalf -- I was involved in the
02:54:35 meeting with staff regarding the site planning for
02:54:39 this project, and in discussions regarding the
02:54:42 trees.
02:54:44 Dave Riley had several site visits to this
02:54:47 location and has written a report regarding the
02:54:52 trees.
02:54:53 We have worked to make sure that we could provide
02:54:57 proper tree radiuses throughout the site, and I
02:55:01 guess the first thing I would say is we are not
02:55:04 proposing to remove any trees on the site.
02:55:07 Then we get into the matter of the trees in the
02:55:09 right-of-way.
02:55:13 And I'm paraphrasing because I don't have the
02:55:16 report in front of me, but Dave, regarding his
02:55:19 assessment of the trees in the right-of-way, was
02:55:23 in poor or suspect condition due to pruning,
02:55:28 improper pruning over the years.
02:55:33 So in regard to the e-mail, perhaps there was some
02:55:39 miscommunication misspoken that wasn't related
02:55:42 exactly properly, but during the review process of
02:55:44 the site plan, we had several different variations
02:55:46 of the site plan, and it was determined by natural
02:55:51 resources that those trees are in poor condition,
02:55:54 determined by transportation to make the driveways
02:55:58 work properly for this project, that those trees
02:56:03 would be removed.
02:56:03 >>LISA MONTELIONE: Okay.
02:56:12 I hate for these trees to be taken out just
02:56:15 because.
02:56:16 I mean, there's a way to design around them.
02:56:19 It just takes a little bit of creativity.
02:56:26 The rest of her concerns that she mentioned is the
02:56:28 backing out onto Isabella.
02:56:33 That's a busy section of roadway.
02:56:35 They asked for clarification on the issue but did
02:56:38 not hear back from transportation.
02:56:42 Because the concern is that when a far car pulls
02:56:46 out of the driveway, they are going to be backing
02:56:48 out, and they are going to be backing out directly
02:56:50 onto Isabella.
02:56:52 And that was another concern.
02:57:04 So make sure those concerns were addressed.
02:57:08 >>GLORIA MOREDA: Land development.
02:57:08 I did want to address the two things.
02:57:11 The issue related to compliance with chapter 13
02:57:14 requirements, both the protection of grand trees
02:57:16 and the removal of them, what's before you senior
02:57:22 solely a setback variance as it relates to the
02:57:25 special use conditions.
02:57:28 There is no availability through a request for
02:57:32 review to any section of city code other than
02:57:37 chapter 27-132.
02:57:39 I wanted to make sure you were aware of that.
02:57:41 So this design will have to meet the requirements
02:57:44 of code for tree preservation.
02:57:47 And as it relates to the maneuvering into the
02:57:49 public right-of-way, I talked to the
02:57:51 transportation staff that reviewed this, Melanie
02:57:55 Calloway.
02:57:55 She confirmed that it is a local street and is
02:57:59 considered low volume at this point.
02:58:02 So that traditionally the townhouse developments
02:58:06 are able to maneuver into right-of-ways, special
02:58:10 local streets, right-of-way, similar to a
02:58:12 single-family house.
02:58:18 >>YVONNE CAPIN: As far as backing out that
02:58:20 neighborhood is full of townhouses and garages and
02:58:22 they back out into the street.
02:58:24 The whole neighborhood is like that.
02:58:29 I'm looking at the setback there to protect the
02:58:34 tree that is -- that's the back of the property,
02:58:37 right?
02:58:39 >>GLORIA MOREDA: Yes, I did also say -- since they
02:58:41 are designing their site back, the west of the
02:58:46 property line becomes their rear property lines
02:58:49 and requires a 20-foot setback.
02:58:50 So they really don't have room to have maneuver
02:58:53 the building, especially with the grand tree
02:58:56 there.
02:58:58 >>YVONNE CAPIN: So we are asking the setback in
02:58:59 the front of the building.
02:59:01 They have to bring it up.
02:59:02 Okay.
02:59:03 I got it.
02:59:04 I see that.
02:59:06 You know, it is an area of high density, and it's
02:59:15 not a major street.
02:59:17 There are several trees that are on there now that
02:59:20 I am looking at that are protected, but that's not
02:59:25 our issue.
02:59:25 The issue is the setback.
02:59:29 So we have got how long of a driveway is that?
02:59:38 15 feet wide.
02:59:39 How long is it?
02:59:43 46 to the pavement.
02:59:46 Okay.
02:59:46 Thank you.
02:59:48 >>FRANK REDDICK: Anyone in the audience wish to
02:59:49 speak on item 49?
02:59:53 >>LISA MONTELIONE: I want to clarify.
02:59:54 I was bringing this up because Ms. Pollyea wasn't
02:59:57 here, and I would like to have that corrected.
03:00:03 >>FRANK REDDICK: Anyone in the audience to speak
03:00:04 on item 49?
03:00:05 >> [Off microphone.]
03:00:23 >> Karen Crawford, West Palm drive.
03:00:27 And I'm on the Board of Directors for the Bayshore
03:00:28 Gardens neighborhood association.
03:00:32 And Vicki Pollyea apologizes that she can't be
03:00:36 here today but she's in the hospital.
03:00:37 I served with the owner of this property for
03:00:40 years.
03:00:42 Mrs. Greenslade.
03:00:44 And it puts our neighborhood in a difficult
03:00:47 position.
03:00:47 She worked with me diligently to protect the
03:00:50 neighborhood, and the interests from people like
03:00:54 these developers in particular in this case.
03:00:58 So I find it very difficult.
03:01:01 I support Peggy.
03:01:02 The neighborhood supports Peggy.
03:01:05 We recognize the need and her right to be able to
03:01:08 sell this property.
03:01:10 However, we do have some concerns.
03:01:14 So the neighborhood is supporting her rezoning,
03:01:17 but this is our only opportunity to really voice
03:01:20 our concerns and get them on record once we leave
03:01:23 today.
03:01:25 So the variance does reduce the setback.
03:01:27 It does remove two grand oaks.
03:01:29 If you drive down Isabella, which is a very busy
03:01:32 street, and the big new building going up on
03:01:35 patriot park, there's a lot of traffic on
03:01:38 Isabella.
03:01:39 It will greatly change how that road looks when
03:01:42 these two grand oaks are removed P.I do agree that
03:01:46 TECO has butchered them but if we remove every
03:01:49 tree that TECO butchered there wouldn't be any
03:01:51 trees in South Tampa.
03:01:54 The site plan does reduce considerably the
03:01:56 impervious areas -- I'm saying it backwards.
03:02:01 Anyway, there's a lot more concrete and a lot less
03:02:04 green space when this project is completed.
03:02:07 And all this is going to exacerbate the stormwater
03:02:10 issues that are already plaguing this part of the
03:02:12 neighborhood.
03:02:13 The parking plan as you mentioned, it provides the
03:02:17 cars backing into the busy corridor is a concern,
03:02:19 but I understand that's how it works in the
03:02:21 neighborhood.
03:02:23 The big problem is we have no way of knowing who
03:02:25 is actually going to develop this site.
03:02:28 The petitioner has a history of flipping
03:02:31 properties.
03:02:32 So any representations made here by the petitioner
03:02:36 or his attorney may not be how this project
03:02:39 actually ends up.
03:02:41 They are not required at this point to provide
03:02:43 elevations or specifics or anything before this
03:02:46 plan.
03:02:46 The neighborhood is at a disadvantage as this is
03:02:49 the only forum where we have an opportunity to
03:02:52 present input.
03:02:53 So I'm requesting for the record -- please give me
03:02:56 a few more minutes.
03:02:57 I have been here since 10:30.
03:02:59 The city the department stormwater transportation
03:03:02 permitting, tree people, all consider the well
03:03:05 known problems in this area and has been
03:03:07 communicated repeatedly with Mr. Cohen and the
03:03:10 various department heads in the city.
03:03:11 Than the F the roads are developed, Carolina, they
03:03:14 are all in disrepair.
03:03:16 Stormwater problems, erosion, the overflowing
03:03:19 manhole, deteriorating, inadequate culverts and
03:03:24 storm drains, these conditions should be
03:03:27 considered when approving a development on this
03:03:28 particular site.
03:03:29 As a citizen of Tampa and resident, we
03:03:31 respectfully request that the city do all they can
03:03:34 to ensure responsible development and not leave
03:03:37 the neighborhood with a mess once the developer
03:03:40 has made their profit and no longer assumes any
03:03:44 responsibility for this site.
03:03:45 (Bell sounds)
03:03:47 Again, we do support the variance, and we support
03:03:52 the rezoning of the property at the end total.
03:03:57 Does that make sense?
03:03:58 >> I understand.
03:03:59 >> I will be glad to answer any questions.
03:04:03 >>YVONNE CAPIN: When it comes to TECO and the
03:04:05 Butch iring of trees, I have one in front of my
03:04:08 house.
03:04:08 It's in the right-of-way where the wires come up
03:04:10 over the top.
03:04:14 If the wires are there, because we planted trees
03:04:17 on rights-of-way.
03:04:18 >> I know.
03:04:20 >>YVONNE CAPIN: So that means that issue of them
03:04:25 being cut the way they are is because of the
03:04:28 wires, and as Mr. Miranda pointed out, that was
03:04:33 legislated.
03:04:34 >> I understand that, but that's not necessarily a
03:04:36 reason to take them down.
03:04:40 And I'm not real clear if the city told them to
03:04:42 take it down or not.
03:04:44 That's not real clear to us.
03:04:48 >>YVONNE CAPIN: I don't agree with that at all.
03:04:50 At all.
03:04:54 The trees that are on that property right now,
03:04:55 right now, that they are trying to protect, they
03:04:58 are moving because of the tries that are in the
03:05:00 back of the property.
03:05:01 >> Right, and taken down.
03:05:05 I understand that H.but I'm not sure they couldn't
03:05:08 have developed around the two, also.
03:05:10 I'm just not clear on why they need to be taken
03:05:12 down.
03:05:15 >>YVONNE CAPIN: Because.
03:05:17 I'm not going to answer.
03:05:18 I'm not going to answer.
03:05:19 >>HARRY COHEN: Okay.
03:05:22 Even though it's outside the scope of our
03:05:25 discussion today and I want to make sure that I
03:05:27 acknowledge that if he beginning -- let me just
03:05:31 make a couple of comments.
03:05:32 First of all, I live in this neighborhood.
03:05:35 And the condition of Isabella is terrible.
03:05:39 Okay.
03:05:40 It is nobody's fault that's sitting in this room
03:05:43 rate now, but it's in terrible condition.
03:05:45 The number 4 bus continually goes back and forth
03:05:48 over this street that has significant flooding
03:05:50 problems, and the manhole cover that Ms. Montford
03:05:56 referred to which is actually around the corner is
03:05:58 a problem.
03:06:01 We have been out and looked at this thing a bunch
03:06:03 of different times, and the fact of the matter is
03:06:06 that Verizon has not properly maintained a manhole
03:06:12 cover, and if they would spend a little bit of
03:06:14 money putting a pipe under the street to get that
03:06:16 water out of there, it wouldn't continually keep
03:06:19 bubbling up and creating a lot of the problems on
03:06:21 the pavement.
03:06:23 But I just wanted to address that I heard the
03:06:27 concern about the one driveway that goes out.
03:06:37 The way the driveways are pulling out into the
03:06:40 right-of-way -- and I did hear that they are 46
03:06:43 feet long.
03:06:43 And if we think about the thing than we just
03:06:47 looked at a few minutes ago with the car wash, 46
03:06:50 feet is plenty of room for a car to maneuver
03:06:54 before it actually comes out into the street.
03:06:56 The only one that goes in the opposite direction
03:07:01 from what I can tell is doing that to save two
03:07:06 additional trees.
03:07:07 Otherwise it would be going in the same direction
03:07:09 as these first five.
03:07:12 So I can't answer the question about the two
03:07:16 trees.
03:07:17 It doesn't seem anyone really knows the
03:07:20 bottom-line answer to.
03:07:21 That but since there is a right-of-way, it doesn't
03:07:25 to me seem fair to hold the developer accountable
03:07:28 for them.
03:07:29 It seems to me it's the city's responsibility if
03:07:33 they can be saved, to save them, and finance not,
03:07:36 to make the determination that they should be
03:07:40 taken out.
03:07:42 But I do want to reiterate the point, it is very
03:07:49 frustrating, it gets a lot of public
03:07:51 transportation traffic, there's a park there, and
03:07:57 if anyone from transportation or stormwater is
03:08:00 listening to this meeting, this street really does
03:08:04 deserve to be moved up on the repaving schedule,
03:08:06 because it is in much worse condition than a lot
03:08:10 of the streets that are being paved.
03:08:13 >>FRANK REDDICK: Ms. Montelione.
03:08:14 >>LISA MONTELIONE: Thank you.
03:08:17 And I can't testify, so if I could just ask some
03:08:21 questions.
03:08:23 Mr. Grandoff is sitting there smiling at me so
03:08:26 intent as I ask these questions.
03:08:28 Ms. Moreda.
03:08:31 If I may.
03:08:36 If I can have the site plan back up on the Elmo.
03:08:45 So a few tries out front.
03:08:48 Than the ones that are in the city's right-of-way.
03:08:49 So there's a catch-22 here.
03:08:55 It was stated earlier, Ms. Plodder, that the
03:08:58 property owner adjacent to trees that are planted
03:09:03 in the right-of-way are responsible for those
03:09:05 trees, correct?
03:09:07 >>GLORIA MOREDA: They are responsible for
03:09:08 maintaining the public right-of-way and mowing the
03:09:11 grass.
03:09:11 >>LISA MONTELIONE: You have free trees from the
03:09:21 city, you have to water them.
03:09:23 >>GLORIA MOREDA: Yes, and if they are planted on
03:09:24 your property.
03:09:28 I hate to say it but I'm not a tree -- I'm not in
03:09:31 the natural resource section.
03:09:33 So I am not sure exactly the responsibility.
03:09:36 If there is a large tree in the public
03:09:37 right-of-way in front of my house and it was
03:09:40 dangerous, I would be calling the department to
03:09:45 have see if someone could maintain that tree.
03:09:48 If they tell me it's your responsibility --
03:09:52 >>LISA MONTELIONE: Well, you testified to earlier
03:09:53 that the still told the property owner that --
03:10:00 >>GLORIA MOREDA: If they are wanting to do this
03:10:01 development, yes.
03:10:02 >>LISA MONTELIONE: So we are putting the burden
03:10:06 on the property owners to remove the trees because
03:10:08 we are saying they are in poor condition?
03:10:11 >>GLORIA MOREDA: No, I think we are saying as a
03:10:12 result of the development that they are proposing,
03:10:13 the trees will have to be removed.
03:10:19 Now, the question whop as grand trees they are
03:10:21 allowed to be removed, that's a different issue.
03:10:25 >>LISA MONTELIONE: We really need somebody from
03:10:28 natural resources here.
03:10:30 >>GLORIA MOREDA: The reality, these are considered
03:10:33 trees that are eligible to be removed, then
03:10:35 natural resources will allow for their removal.
03:10:38 If there is a public hearing required because they
03:10:42 are grand trees, and they are in good condition,
03:10:45 healthy grand trees, then they have to go to the
03:10:48 Variance Review Board to remove them.
03:10:51 >>LISA MONTELIONE: So since we don't have anybody
03:10:55 from natural resources here, and it appears to me
03:11:01 that the issue is the trees are in the way of the
03:11:03 driveway, and trees are in questionable condition.
03:11:08 So it's easier for us to say, well, take out the
03:11:10 trees.
03:11:15 They might survive.
03:11:16 They survived this long.
03:11:17 They are grand trees.
03:11:18 I'm sure the pruning didn't start on these trees
03:11:21 because of the wires this year.
03:11:23 I'm sure it's been many years and the trees have
03:11:26 survived this long.
03:11:27 But it's the equip of whether or not they are in
03:11:29 the way of the driveways, whether or not to take
03:11:33 these trees out.
03:11:35 >>GLORIA MOREDA: A 20-foot protective radius.
03:11:37 >>LISA MONTELIONE: And we are talking about a
03:11:39 busy street, as Mr. Cohen pointed out.
03:11:42 Public transportation.
03:11:43 The large project that's going in down the street.
03:11:48 I think Ms. Pollyea said that the report mentioned
03:11:52 1500 trips per day.
03:11:55 On Isabella.
03:11:57 And with the new development going up down the
03:12:00 street, there's a possibility that that's going to
03:12:02 go up.
03:12:03 But that wasn't considered in transportation when
03:12:08 this was reviewed, the new building down the
03:12:11 street.
03:12:11 So I have a problem with having one, two, three,
03:12:17 four, five, with the other one going out to
03:12:24 Barcelona, five driveways, potentially ten cars,
03:12:27 backing out onto a very busy street for this
03:12:36 project.
03:12:38 I appreciate moving the building so that they can
03:12:41 save the two trees in the back.
03:12:43 But it seems that something will creative can be
03:12:48 done to address the safety issue of backing out
03:12:51 onto Isabella.
03:12:54 >>GLORIA MOREDA: Again, the issue before council
03:12:56 today is the setback of the building.
03:12:59 All other development standards will be met at
03:13:02 time of permitting or else they will have to seek
03:13:07 a variance before the Variance Review Board.
03:13:09 >>LISA MONTELIONE: Okay.
03:13:11 So -- so with the staff report -- this is page 2,
03:13:18 item B at the middle of the page?
03:13:22 Number 1 says ingress and egress.
03:13:25 Due consideration shall be given to adequacy of
03:13:27 ingress and egress to the property and structure,
03:13:30 and uses thereon with regard to pedestrian safety
03:13:35 and convenience, traffic flow and control access
03:13:37 in case of fire, other emergency.
03:13:41 I honestly have a problem with these driveways and
03:13:49 backing -- and all thinks cars backing out onto
03:13:52 Isabella, especially during rush hour.
03:13:57 How -- how is that on the report addressed?
03:14:02 Is that safe?
03:14:04 >>GLORIA MOREDA: My understanding is the
03:14:06 transportation section reviewed this.
03:14:09 I questioned them about the amount of traffic on
03:14:11 Isabella.
03:14:12 And I was told it is a local street with low
03:14:15 volume.
03:14:15 >>LISA MONTELIONE: So we are having this hearing.
03:14:19 We have two big issues.
03:14:20 And that's transportation and natural resources,
03:14:23 and nobody from transportation and natural
03:14:25 resources is here to answer any questions.
03:14:27 And we are putting you on the spot.
03:14:29 And you are really great at what you do.
03:14:30 But transportation and trees isn't your
03:14:36 responsibility.
03:14:37 I don't know what my colleagues want to do.
03:14:40 >>FRANK REDDICK: Well, let me say this.
03:14:43 Let's do this.
03:14:45 Let's hear if anyone else in the audience wishes
03:14:47 to speak on this particular item, number 49.
03:14:50 And, if not, then we'll make a decision with this
03:14:56 council.
03:14:57 Because what I am finding out is that staff has
03:14:59 made a recommendation and tells us what we should
03:15:03 be considering today.
03:15:07 And people that address those questions aren't
03:15:12 here, so let's decide which way we are going to
03:15:15 figure out or we will be here for the next hour.
03:15:19 So before you say anything, so we can get the
03:15:27 audience out of the way.
03:15:31 >> I haven't been sworn in.
03:15:36 >>FRANK REDDICK: You haven't been sworn in?
03:15:37 (Oath administered by Clerk)
03:15:39 >> I want to make sure they understood that the
03:15:50 last six, seven months, but staff also approved to
03:15:52 tear down a couple of these trees that were along
03:15:54 the property line that we changed the site plans
03:16:00 to save.
03:16:02 We moved to save these trees here.
03:16:04 We tried to save this tree here.
03:16:08 We were very concerned about the trees on this
03:16:09 property and we have done a lot in the last six
03:16:12 months, closing on this property, and could have
03:16:21 twice as many units as we are putting in here.
03:16:26 We are going to have little two-story project.
03:16:32 >>FRANK REDDICK: State your name for the record.
03:16:33 >> John Lum.
03:16:36 I'm sorry.
03:16:37 And I want to make sure -- it's very important.
03:16:40 >> All right.
03:16:42 Anyone else?
03:16:44 We need to move this along.
03:16:46 Anyone else?
03:16:47 All right.
03:16:50 Ms. Montelione, you had a comment?
03:16:53 >>LISA MONTELIONE: Yes.
03:16:54 Ms. Moreda?
03:16:58 The statements were made over and over again that
03:17:01 they could actually do something more intense with
03:17:03 higher density on this property.
03:17:04 If they were to do something more intensive with
03:17:09 higher density, there would be different
03:17:12 requirements of the site plan, wouldn't there be?
03:17:15 >>GLORIA MOREDA: That's true.
03:17:15 >>LISA MONTELIONE: So I don't know for me to
03:17:18 consider that this is, you know, only six units,
03:17:23 and it's a smaller -- it's smaller than watch they
03:17:26 could do, it doesn't compare apples to apples
03:17:29 because if it were bigger and higher density there
03:17:32 would be a different set of conditions, especially
03:17:34 transportation conditions that would be on the
03:17:37 site.
03:17:38 So I'm not going to be in favor of this
03:17:42 application, especially without transportation
03:17:46 being here to answer questions.
03:17:49 >>FRANK REDDICK: All right.
03:17:51 Mr. Michelini, do you have anything else you wish
03:17:53 to say?
03:17:54 >>STEVE MICHELINI: Just, you know, we have worked
03:17:56 with this site.
03:17:57 And it's a reasonable solution for the property
03:18:00 there.
03:18:01 We should not be held accountable or being forced
03:18:08 for something that's beyond our control.
03:18:09 We asked for the setback, as an appeal to the
03:18:13 determination built still than we are requesting
03:18:16 it be reduced from 257 feet to 20 feet.
03:18:19 We have to meet all of city codes.
03:18:21 We are not seeking waivers for any of them.
03:18:23 And there's another whole process we would have to
03:18:26 go through if we do have to seek waivers.
03:18:29 We have taken into consideration the fact that if
03:18:34 you start addressing issues like cars backing into
03:18:36 the street from residential property, they do that
03:18:38 all over the city.
03:18:39 And they don't have 46 feet between the edge of
03:18:42 the building and the edge of pavement.
03:18:45 This is about a $4 million project, more or less.
03:18:52 That takes a property that's assessed now
03:18:54 somewhere in the 2, 300,000 range.
03:18:57 >> Please.
03:18:58 >>STEVE MICHELINI: We respectfully request your
03:19:01 approval.
03:19:02 >>CHARLIE MIRANDA: I don't want to hear that.
03:19:03 About a rezoning, these all I have got.
03:19:05 I don't care if it's 2 million or 57 cents each.
03:19:09 I really don't.
03:19:11 >>FRANK REDDICK: What's the pleasure of council?
03:19:23 Got a motion from Mr. Suarez.
03:19:25 Who was it seconded by?
03:19:27 By Mr. Cohen.
03:19:28 All in favor of the motion say aye.
03:19:29 Opposed?
03:19:31 What's the pleasure of council?
03:19:32 >>CHARLIE MIRANDA: I move for approval of the
03:19:35 review hearing.
03:19:36 >> Second.
03:19:38 >>FRANK REDDICK: I got a motion from Mr. Miranda,
03:19:40 seconded by Mr. Maniscalco.
03:19:43 >>MARTIN SHELBY: Clarification, Mr. Miranda.
03:19:46 Do you approve the petitioner's quarterback to
03:19:48 overturn the decision of the zoning administrator?
03:19:53 >>CHARLIE MIRANDA: I approve --
03:19:54 >>YVONNE CAPIN: I want to the know what you are
03:19:55 approving.
03:19:56 >>CHARLIE MIRANDA: Yes, the review of the
03:19:58 petitioner of the previous agency that reviewed
03:20:01 the petition.
03:20:02 Overturn.
03:20:04 >>YVONNE CAPIN: Sicced.
03:20:06 Got a motion by Mr. Miranda.
03:20:07 Second by Mr. Maniscalco.
03:20:09 Any further -- Mr. Maniscalco? Further
03:20:13 discussion?
03:20:13 All in favor?
03:20:14 Opposed?
03:20:17 >>LISA MONTELIONE: Nay.
03:20:21 >>FRANK REDDICK: All right.
03:20:21 Item 50.
03:20:24 Request to be continued to April 7th.
03:20:26 >>CHARLIE MIRANDA: So moved.
03:20:29 >>FRANK REDDICK: Motion by Mr. Miranda.
03:20:30 Second by Mr. Suarez.
03:20:35 All in favor of the motion say aye.
03:20:37 Opposed?
03:20:38 >>MARTIN SHELBY: And that was 10:350.
03:20:40 >>CHARLIE MIRANDA: April 7 for 10:30 in the
03:20:44 morning.
03:20:47 >>FRANK REDDICK: All right.
03:20:48 New business.
03:20:48 >>MARTIN SHELBY: I have two items of new
03:20:55 business.
03:20:56 The first is an easy one.
03:21:01 The resolution that was a motion made previously,
03:21:06 two weeks ago, regarding encouraging the state
03:21:10 legislature to pent cent size the film industry.
03:21:19 >>FRANK REDDICK: Oh, oh.
03:21:21 >>HARRY COHEN: Move the resolution.
03:21:28 >> I got a motion by Ms. Capin.
03:21:31 Seconded by Mr. Cohen.
03:21:32 All in favor?
03:21:32 Opposed?
03:21:33 >>MARTIN SHELBY: The other one could be as easy
03:21:36 but it's up to you.
03:21:37 I sent you a memo based on the discussion that
03:21:40 took place at last week's planning meeting
03:21:44 regarding the order of business.
03:21:45 I have provided to you -- I have copies if anybody
03:21:48 needs one -- a suggestion that you begin these
03:21:54 revisions on a trial basis beginning February
03:21:56 18th.
03:21:57 If council wishes to do that, your agenda, the way
03:22:01 it looks today, is a template, and that would
03:22:04 remain the same until council decides to make it
03:22:06 permanent, at which time the direction to the
03:22:08 clerk would be to change your official agenda, but
03:22:11 you would follow this procedure until such time as
03:22:14 you decide whether you want to go through with it.
03:22:19 It's at your pleasure.
03:22:20 Just some distribution to give notice to the
03:22:22 public in effect that have been what will happen
03:22:28 pursuant to council's distribution, or consent,
03:22:34 because there was no direction, to move up items
03:22:36 that could be concluded rather quickly and move
03:22:40 staff reports to after the period that you do your
03:22:42 staff reports and public hearings.
03:22:44 >>HARRY COHEN: I just want to say that the one
03:22:48 thing I think is important to do is to inform the
03:22:50 staff that we intend to do this, so this they are
03:22:54 aware of it, and they can make the appropriate
03:22:57 plans to keep their eye.
03:23:02 >>MARTIN SHELBY: Just to share with council, that
03:23:05 being the case, the Friday after the meeting I did
03:23:09 put in a call personally to Mr. Rogero.
03:23:12 We have hadn't had an opportunity to connect.
03:23:14 But you will notice he was copied on this memo.
03:23:16 And my mope would be -- and if council wishes --
03:23:19 that I can coordinate with him.
03:23:21 I'm sure he would work to disseminate that to
03:23:25 staff.
03:23:25 >>MIKE SUAREZ: Just a quick procedural question.
03:23:27 Now when we have reports to the public, forms that
03:23:31 we put out here and things thatch we report on
03:23:34 outside of this chamber, how is that going to be a
03:23:38 notice you are saying that the order has changed?
03:23:40 Or is it going to be a change in the order itself?
03:23:44 Since it's a permanent change, how would you have
03:23:48 to report that?
03:23:51 >>MARTIN SHELBY: Well, one of the things we are
03:23:52 doing, this memo has gone out now.
03:23:56 It hasn't been disseminated to anybody outside of
03:23:59 people in this room and the city attorney and the
03:24:03 chief of staff.
03:24:04 We can disseminate it.
03:24:05 But part of the purpose --
03:24:10 >>MIKE SUAREZ: Let me interrupt you.
03:24:11 I'm talking about the final product after we go
03:24:13 forward, which is since it is not a permanent
03:24:16 change, other than what you just said, when we put
03:24:20 this out into the public, how is that put into a
03:24:23 format that says, this is our agenda now,
03:24:27 temporarily.
03:24:28 You seal what I'm saying?
03:24:30 That's the only question I have.
03:24:31 Because now it's a template that we are going to
03:24:37 use, those members of the public who come here on
03:24:40 a continual basis will have to understand not only
03:24:43 will it be a different order.
03:24:44 It isn't much of a change in my mind, but at the
03:24:46 same time it is a change.
03:24:47 >>MARTIN SHELBY: And that's a very fair question.
03:24:50 What this requires council to do on a temporary
03:24:53 basis, every time at every regular meeting, when
03:24:56 you have the approval of the gypped, you notify
03:24:59 the public who are present and watching on
03:25:02 television that you will be following this
03:25:04 temporary order of business on a trial basis, and
03:25:10 what will happen is when this gets disseminated to
03:25:15 staff members, I believe perhaps Land Development
03:25:17 Coordination, they would pass that along to the
03:25:20 applicants and the interested parties, to the
03:25:23 people thatch they deal with for those particular
03:25:24 issues.
03:25:25 So anybody who is dealing with their own
03:25:27 particular issue from staff would disseminate to
03:25:30 people that they know might be interested.
03:25:32 >>MIKE SUAREZ: So the answer to my question is we
03:25:34 are not going to change anything within a format
03:25:37 that is available to the public.
03:25:39 We will now say it each and every time we do it,
03:25:43 is that correct, until that time we do make it
03:25:46 permanent, if we do?
03:25:47 >>MARTIN SHELBY: Yes.
03:25:48 >>MIKE SUAREZ: That was the easier way of
03:25:50 answering than the first time.
03:25:53 >>FRANK REDDICK: Let me ask one question.
03:25:56 Could we include this, post this on the city's
03:25:59 website as a temporary order?
03:26:04 >>MARTIN SHELBY: That's an excellent question,
03:26:05 and finance that's possible.
03:26:06 I don't have access to the city's website.
03:26:09 Prance it can be done through their office of the
03:26:11 administration.
03:26:13 >>FRANK REDDICK: All right.
03:26:14 >>MARTIN SHELBY: But it would be with the
03:26:20 chairman, he made it quite clear he wants to be
03:26:23 absolutely clearly this was not something the
03:26:24 public was unaware of, that this was brought to
03:26:28 them and they would be fully informed.
03:26:31 >>FRANK REDDICK: Okay.
03:26:34 Ms. Montelione.
03:26:35 >>LISA MONTELIONE: Thank you.
03:26:38 When we had the discussion last week, we talked
03:26:40 about time certain.
03:26:42 And with the public hearings on second reading,
03:26:45 that's set for 9:30, and the public hearings are
03:26:50 legislative matters except for -- do I understand
03:26:55 we are not through with the second readings but in
03:26:57 a half hour we are going to stop and deal with
03:26:59 legislative matters and then go back to the public
03:27:02 hearings on second reading?
03:27:05 And then quasi-judicial public hearings including
03:27:07 appeal hearings, which we just had one, is set for
03:27:11 10:30 a.m., and that would be also a time certain.
03:27:15 So if we are not through with the public hearings
03:27:17 on legislative matters, then it's up to 10 and do
03:27:20 it within a half hour, we stop at a time certain
03:27:23 for quasi-judicial?
03:27:25 I mean, it doesn't seem like to me there's enough
03:27:28 time to say we are going to do time certain.
03:27:31 >>MARTIN SHELBY: Exactly.
03:27:34 Right now, remember that you are operating on
03:27:37 hearings that have already been previously set.
03:27:39 So nothing is set for time certain presently with
03:27:42 regard to those hearings.
03:27:44 You can choose to do so. If for some reason,
03:27:46 let's say you don't have it any second readings
03:27:48 for any reason that day, and you finish up, you
03:27:50 know, let's say 9:30, and you have to wait till
03:27:55 10:00 to do the next item.
03:27:57 Walk do is you can move up staff reports, and ask
03:28:00 the staff to come over sooner to do that until
03:28:03 10:00 P.you don't have to take any recess.
03:28:09 >>FRANK REDDICK: We have options.
03:28:10 >>MARTIN SHELBY: Yes, you have many options.
03:28:13 But you don't have to do time certains if you back
03:28:15 up and take things after the time which they are
03:28:19 legally required to be set foe.
03:28:22 That time or anytime thereafter.
03:28:23 If council wishes to, sometime in the future to
03:28:26 have see how this works and if we should change
03:28:28 the time, you can dough that.
03:28:29 But this only on a trial basis.
03:28:32 >>LISA MONTELIONE: I'm just concerned about the
03:28:35 time sensitive, we did talk about that.
03:28:37 >>MARTIN SHELBY: The other issue is regard to the
03:28:39 county, the county has hearing officers with
03:28:41 regard -- on land uses.
03:28:44 And that makes it a lot more predictable in terms
03:28:49 of what time certains really can be.
03:28:53 >>FRANK REDDICK: And time certain ifs council
03:28:57 wishes to, if we have one or two items left, and
03:29:00 we can extend that time, and just make the public
03:29:05 aware.
03:29:06 >>LISA MONTELIONE: It's still related to last
03:29:09 weeks but not related to this.
03:29:11 Is there a motion that needs to be made or
03:29:13 something that we need to have do in order to
03:29:15 institutes the public comments, you know, the
03:29:19 public speaking cards that would need to be filled
03:29:22 out as we discussed during the last meeting?
03:29:26 >>MARTIN SHELBY: The facilitator indicated that a
03:29:28 report should be forthcoming anytime now, maybe
03:29:31 sometime today, maybe the early part of next week.
03:29:33 Then what I would do is sit down with the chair
03:29:36 because from what I am anticipating there will be
03:29:40 certain people associated with those that require
03:29:43 council action to give direction to us to
03:29:44 implement that.
03:29:45 So when that comes in we would be scheduling that.
03:29:48 But that's forthcoming.
03:29:49 >>LISA MONTELIONE: That was one of the things --
03:29:51 >>MARTIN SHELBY: This is the first step.
03:29:53 The first step is council agree to do it on a
03:29:58 trial basis.
03:30:01 >>LISA MONTELIONE: I'll make that motion.
03:30:02 >>FRANK REDDICK: A motion from Mrs. Montelione.
03:30:04 Second by Mr. Cohen.
03:30:05 All in favor say aye.
03:30:06 Opposed?
03:30:11 You have Hillsborough County speaker sign up
03:30:14 cards?
03:30:15 >> Yes.
03:30:15 And he's already in touch with the county on that
03:30:18 and I'll work with him.
03:30:21 >>FRANK REDDICK: Thank you.
03:30:21 New business by council members.
03:30:25 Mr. Suarez.
03:30:26 >>MIKE SUAREZ: No, sir, I have no new business.
03:30:34 >>YVONNE CAPIN: I want to wish Cynthia stark who I
03:30:37 wish with a very happy birthday and a joyous
03:30:41 new -- the reason I'm laughing is because I text
03:30:47 her rather than press a button and she just texted
03:30:51 me that she ate part of her cake.
03:30:58 >>FRANK REDDICK: I just want a request on behalf
03:30:59 of City of Tampa committee a commendation for the
03:31:04 28th black history celebration for.
03:31:10 >>HARRY COHEN: Motion by Mr. Reddick.
03:31:12 Seconded by Councilman Suarez.
03:31:14 All in favor?
03:31:15 Opposed?
03:31:15 >>HARRY COHEN: I have no new business.
03:31:19 >>GUIDO MANISCALCO: I have one item here.
03:31:21 Regarding the -- and it hope I am saying it
03:31:24 correctly, the Zika virus, if we could get a staff
03:31:30 report.
03:31:30 And the city department of emergency management
03:31:34 and maybe parks and rec if it's necessary to be
03:31:36 provided next Thursday the 11th for the
03:31:39 evening council, and I understand that it is short
03:31:41 notice, but it's regarding the governor declaring
03:31:43 a state of emergency for the virus.
03:31:45 And we have had a few people contact the office
03:31:48 asking how the city plans to address the issue.
03:31:51 It will be spraying for the virus and mosquitoes,
03:31:55 and that the city will be working in conjunction
03:31:57 with Hillsborough County emergency management.
03:32:00 Way did see the governor earlier today after that.
03:32:03 He made an announcement that there's already 12
03:32:06 reported cases instead of the previous two from
03:32:09 yesterday to the day before.
03:32:10 Just to be safe.
03:32:11 And that's it.
03:32:11 >>MIKE SUAREZ: I would second it if I could ask a
03:32:16 friend reply amendment to actually require that
03:32:18 the Hillsborough County emergency management show
03:32:22 up, because they are the ones that in fact spray.
03:32:27 They are the ones that in fact control the county
03:32:31 health department.
03:32:32 I think it's imperative that they show up for that
03:32:35 particular meeting if that's okay with you.
03:32:37 >>FRANK REDDICK: All right, got a motion from Mr.
03:32:39 Maniscalco and seconded by Mr. Suarez.
03:32:43 Discussion on the motion?
03:32:44 All those in favor say aye.
03:32:46 Opposed?
03:32:48 And according to the mayor, the mayor told me
03:32:53 today during lunch there's not one case in the
03:32:55 City of Tampa.
03:32:57 So that might change.
03:33:01 >> South Florida.
03:33:04 >>FRANK REDDICK: But they got two or three in the
03:33:05 county but not in the city.
03:33:10 >>YVONNE CAPIN: The media announced on national
03:33:12 news, but I haven't heard symptoms.
03:33:14 Are there any symptoms, or you just don't know?
03:33:22 >>MARTIN SHELBY: I don't want to give
03:33:24 misinformation but I will tell you some pregnant
03:33:27 women, the risk of birth defects.
03:33:34 >>YVONNE CAPIN: I saw that.
03:33:35 >>MARTIN SHELBY: From what I have read, it
03:33:40 doesn't affect everybody.
03:33:41 But those who do experience symptoms, actually,
03:33:45 either pink eye or red eye, perhaps joint pain.
03:33:49 I don't recall.
03:33:50 But you can have it but then not necessarily have
03:33:56 the symptoms.
03:33:56 >> Okay, thank you for that.
03:34:06 >> Today is my mother's birthday, and if she were
03:34:08 alive that would have made her very proud.
03:34:10 (Laughter).
03:34:12 >>FRANK REDDICK: Ms. Montelione.
03:34:13 >>LISA MONTELIONE: I would just like to tell
03:34:18 everybody we went to the Florida State fair for
03:34:19 the governor's luncheon today.
03:34:22 As tradition has it, it's probably going to rain.
03:34:26 So make sure that you take your umbrella, and over
03:34:30 the weekend, when it's hopefully not raining, go
03:34:33 enjoy the fair.
03:34:34 But other than that, no, sir, I have no further
03:34:37 new business.
03:34:42 >>FRANK REDDICK: In five years of watching council
03:34:45 meetings I have never seen anybody eating cotton
03:34:47 candy.
03:34:48 >>LISA MONTELIONE: Ms. Capin will remember, they
03:34:54 actually had it on the table as we walked out.
03:35:01 >> Motion to receive and file all documents.
03:35:04 >>FRANK REDDICK: Got a motion by Mr. Suarez.
03:35:06 Seconded by Ms. Capin.
03:35:08 All in favor of that motion say aye.
03:35:10 Opposed?
03:35:10 All right, with no other business, we stand
03:35:13 adjourned.
03:35:13 (Meeting adjourned.)
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