Tampa City Council
Thursday, October 6, 2016
9:00 a.m.
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09:03:31 [Sounding gavel]
09:04:54 >>MIKE SUAREZ: Tampa City Council everybody is now called
09:04:56 into order.
09:04:57 The chair yields to Mr. Maniscalco.
09:04:59 >> Thank you very much, Mr. Chairman.
09:05:02 It is my pleasure this morning to welcome state
09:05:07 representative-elect Sean Shaw of the Florida State House of
09:05:13 Representatives 61st district.
09:05:19 Go ahead with the prayer.
09:05:21 If we could all rise.
09:05:22 >> Let us bow our heads.
09:05:31 God of all creation, we thank you for this day and thank you
09:05:34 for the people with whom we have been in contact, our
09:05:36 family, friends, strangers.
09:05:38 We thank you for the ability to use our minds to be discern
09:05:41 your will and work to create a strong and healthy community.
09:05:44 We thank you for our community and all who serve it.
09:05:47 For those who teach and those who protect, for those who
09:05:50 clean and for those who work in parts and those who work in
09:05:54 roads, for those who plan and make the plan happen, those
09:05:57 who counsel, for those who govern and those who elect.
09:06:02 For all who live to the best example of what it means to be
09:06:05 a citizen, we thank you for our community.
09:06:08 We pray for all of our community.
09:06:11 Who are hungry, unemployed or uninsured.
09:06:15 We pray for those in our community who are mentally or
09:06:17 physically ill.
09:06:19 For these and all our larger community, Lord, hear our
09:06:23 prayer.
09:06:24 As this meeting begins this morning I pray for each person
09:06:27 here.
09:06:28 Give each person clarity of mind, creativity, compassion,
09:06:31 due diligence, integrity, and a sense of humor.
09:06:34 Give them listening ears and thoughtful words.
09:06:37 Give them presence of mind and an open heart.
09:06:40 Lastly, we pray for our fellow Floridians in the path of
09:06:43 hurricane Matthew.
09:06:44 Please protect them from harm and watch them during this
09:06:47 time.
09:06:49 And all God's people said, amen.
09:06:51 [ Pledge of Allegiance ]
09:07:04 >>MIKE SUAREZ: Roll call.
09:07:08 >>CHARLIE MIRANDA: Here.
09:07:12 >>YVONNE CAPIN: Present.
09:07:13 >>HARRY COHEN: Here.
09:07:15 >>GUIDO MANISCALCO: Here.
09:07:18 >>MIKE SUAREZ: Here.
09:07:19 Okay.
09:07:19 Our first order of business today, we don't have an
09:07:22 addendum, I don't think.
09:07:23 We do?
09:07:24 Okay.
09:07:24 I could get approval of the addendum and the agenda?
09:07:29 I have a motion from Mr. Miranda.
09:07:30 A second from Mr. Cohen.
09:07:32 All in favor of that motion indicate by saying aye.
09:07:35 Any opposed?
09:07:36 Item 1 we are going to have delay for a few minutes because
09:07:39 Mrs. Montelione's item.
09:07:41 She's the one that's going to make the presentation.
09:07:43 Before we go to item number 2, I would like to welcome miss
09:07:48 Jessica Eiley who brought her fourth grade class from Roland
09:07:54 park.
09:07:54 If you could, come up here and bring your children up here
09:07:57 and we'll let them say their names while they come on up.
09:08:14 Come in front of the microphone and tell us who you are, say
09:08:17 your name, your class, and then we'll ask each one of them
09:08:20 to state their names.
09:08:22 >> I'm miss Eiley, from land park elementary.
09:08:27 We have been learning about the state government, the local
09:08:29 government, and how they are all structured and everybody's
09:08:34 job, and how we all as citizens work together to help our
09:08:37 community.
09:08:37 So we are very excited to be here.
09:08:41 >>MIKE SUAREZ: So each one of the children, if you could,
09:08:43 come up to the podium and just say your name.
09:08:45 >>MIKE SUAREZ: Thank you for bringing the class here.
09:09:28 Children, thank you for being here.
09:09:29 And it's sort of like a classroom.
09:09:31 We are going to talk a little bit and you guys get to
09:09:33 listen.
09:09:34 And if you have any questions, make sure you ask all the
09:09:36 really tough questions of Mrs. Montelione.
09:09:39 She's the one that's in charge of all the tough questions.
09:09:42 And welcome to council.
09:09:45 Mrs. Montelione, would you like to take item number 1 since
09:09:48 you did arrive while we were waiting?
09:09:51 >>LISA MONTELIONE: Yes, sir.
09:10:05 Thank you.
09:10:05 I'm having a little back problems lately so bear with me.
09:10:08 I'm moving a little slow here today.
09:10:16 It is my distinct pleasure to introduce Mark and Matt
09:10:27 Fetterman, who as you can see are both brothers, they served
09:10:31 in the Merchant's Marine Academy on Long Island where I
09:10:38 happen to be from.
09:10:42 They also graduated from some very prestigious universities.
09:10:46 After serving in Afghanistan, when they came back, they
09:10:50 realized there was a need to be filled amongst veterans in
09:10:53 our community.
09:11:01 The concept that they came up with to help our veterans and
09:11:05 our first responders really touched my heart.
09:11:07 I went to see one of their programs at USF -- Go Bulls!
09:11:14 -- and, you know, in every other chair, there was a box of
09:11:19 tissue, because after listening to the story of these brave
09:11:23 men and women who serve us, either locally here at home or
09:11:28 across the world, you really get a sense of what sacrifice
09:11:32 is and experiences that our men and women in uniform go
09:11:38 through.
09:11:39 So one of those people was a -- or is a chief in our fire
09:11:48 rescue service, and one is with the Tampa police department.
09:11:54 And I'll tell you, their stories were heart wrenching that
09:12:02 they carry with them on a daily basis.
09:12:05 So I felt that you would want to hear what they do, the work
09:12:09 that they do, and do all that we can as a council and as a
09:12:13 community to support them.
09:12:17 Tampa City Council presents this commendation to the Home
09:12:20 Front Foundation.
09:12:21 We commend the exemplary efforts of Mark and Matt Fetterman
09:12:27 through the Home Front organization, providing brave
09:12:30 servicemen and women with the tools to tell their story.
09:12:33 Through story telling the veterans an first responders have
09:12:36 been able to break down communications barriers and have
09:12:39 been able to ignite a dialogue between the families,
09:12:43 friends, community, and to relay the depth of their
09:12:47 experiences.
09:12:48 Too often we only see the uniform, and not the struggle and
09:12:51 sacrifice of those who wear it.
09:12:54 Having our heroes share their stories not only acts as a way
09:12:59 for them to reconnect with their loved ones but also teaches
09:13:03 those around them about the whole of military life, police
09:13:07 work, or being a firefighter paramedic.
09:13:09 We are called to give back to those who have given so much.
09:13:13 Therefore, Tampa City Council proudly acknowledges and
09:13:16 applauds this most noble endeavor.
09:13:19 Gentlemen?
09:13:20 Thank you.
09:13:21 [ Applause ]
09:13:26 Hang onto this.
09:13:32 And you two can decide hoe says something first.
09:13:38 >> First of all thank you very much for having us.
09:13:42 Thanks for joining us today.
09:13:46 Mark and I are both Navy veterans.
09:13:51 We graduated from the Navy academy and we realized there was
09:13:55 a need for veteran service members to reconnect and
09:13:58 reintegrate into their communities.
09:14:00 In 2009, a good friend of mine was shot and killed in
09:14:03 Afghanistan.
09:14:05 Shortly after, in 2010 while I was in Afghanistan myself,
09:14:09 mark in another location at the same time, another one of
09:14:12 our friends was killed.
09:14:13 He had stepped on an IED.
09:14:16 And what we realized when we came home is we were
09:14:19 disconnected, and we needed to reconnect with those that we
09:14:24 cared about and we loved.
09:14:26 And we realize the way to reconnect was through story
09:14:30 telling.
09:14:31 The best way I can tell you.
09:14:35 >> The home front foundation, to give you a little of my
09:14:40 story.
09:14:41 I remember it was really hot summer day in Afghanistan but
09:14:44 it was one of the best days in Afghanistan because we were
09:14:48 going home.
09:14:49 Our whole team made it.
09:14:52 We grab whatever personal belongings we have, and we are
09:14:56 loading onto that T-17 and we are flying out.
09:15:01 We are done.
09:15:02 We made it.
09:15:03 Our team was successful.
09:15:04 We load that plane two by two.
09:15:06 In an orderly fashion.
09:15:07 You take the seat in front of you.
09:15:09 Everybody is really happy.
09:15:10 We land in Kuwait and that's where thing changed for us.
09:15:15 After one year of wearing the uniform I was told, hey,
09:15:19 soldier, take that uniform off, you need to fly back to the
09:15:22 states in civilian clothes.
09:15:23 You are flying out of Kuwait International airport.
09:15:27 I have been wearing this uniform proudly for the last year.
09:15:31 I have to take it off.
09:15:33 I take that flight back and flying into San Diego
09:15:36 International, and I'm sitting next to everybody else who is
09:15:39 just flying from Washington, D.C. on a weekend trip.
09:15:44 They don't know where I have just been.
09:15:46 They don't know what I just saw.
09:15:48 They don't know what I just lost.
09:15:51 Thank God I had a window seat.
09:15:54 The flight attendant says you can reach for your cell phones
09:15:57 and call anybody if you like.
09:16:00 I don't have anybody to call.
09:16:01 I don't even have a phone.
09:16:05 We unload from that plane and you all know the chaos even if
09:16:10 you have been away for one week.
09:16:12 It was one year.
09:16:13 Finally we unload from be the plane and I go to the baggage
09:16:16 carrousel and I am lost and I am all alone.
09:16:20 I'm alone and all of a sudden I hear an alarm.
09:16:22 I think it might be incoming.
09:16:26 The baggage is coming out.
09:16:27 Everybody starts rushing up towards that baggage carrousel
09:16:31 again.
09:16:32 I don't.
09:16:32 I stay back.
09:16:33 I put my back against the wall and I just start seeing
09:16:36 everybody's bags go by until I finally see my one pack, it's
09:16:42 dirty, ripped and torn T-bag.
09:16:44 That's mine.
09:16:45 I have to wait until that carrousel is completely empty so I
09:16:48 can grab it.
09:16:49 When I got home, I felt lost and I felt alone.
09:16:54 And I am not the only one.
09:16:56 Veterans and service members, our police, our fire, they go
09:17:01 through this all the time.
09:17:03 The best thing we can do if we want to support those who
09:17:06 serve is sometimes just listen.
09:17:10 Let them tell their story.
09:17:12 Let them make some sense of what they have gone through and
09:17:14 what they have lost and what they sacrificed.
09:17:17 That's what we do as the home front foundation.
09:17:20 We teach them how to tell their story.
09:17:22 We want to reconnect those people with the ones they love.
09:17:26 Thank you for your time.
09:17:26 >>MIKE SUAREZ: Thank you.
09:17:31 [ Applause ]
09:17:33 >>MIKE SUAREZ: Gentlemen, before you step away, I am going
09:17:44 to call you the Fettermans.
09:17:51 Mark and Matthew, thank you for doing this.
09:17:54 Let me ask what year you graduated from merchant marine
09:17:57 academy.
09:17:58 >>MIKE SUAREZ: 05.
09:17:59 >>MIKE SUAREZ: Did you ever go for senator Nelson or anyone
09:18:05 else?
09:18:05 >> We got our nomination out of Massachusetts.
09:18:08 >>MIKE SUAREZ: Anyone that does not know about the merchant
09:18:11 marine academy, it's a great place to learn.
09:18:13 It also has an option, as you know, to go into the military
09:18:17 track or go into seam seamanship.
09:18:23 Thank you for taking the military track.
09:18:25 I assume since you were going to San Diego you are a seal?
09:18:28 >> No, sir.
09:18:30 >>MIKE SUAREZ: And you?
09:18:33 >> Same.
09:18:34 >>MIKE SUAREZ: You guys don't get too separated, do you?
09:18:37 >> Really our major separation was our first year in
09:18:42 Afghanistan, actually.
09:18:43 >>MIKE SUAREZ: Thanks again for what you have done for us
09:18:45 in Afghanistan and thank you very much for creating this
09:18:50 foundation.
09:18:50 We know -- and Chief Hamlin will tell you this because we
09:18:54 were at a luncheon last week at the Franciscan center
09:18:58 concerning first responders and how sister Annie is actually
09:19:02 really helping folks that are first responders to do exactly
09:19:04 what you are talking about, tell the story, have a retreat,
09:19:07 be able to actually bring down and take off that big weight
09:19:13 that's on their shoulders.
09:19:14 So thanks very much for what you do for us.
09:19:21 [ Applause ]
09:19:22 All right.
09:19:26 Our second item, Mr. Miranda will do the honors.
09:19:33 Mayor's Hispanic heritage committee.
09:19:35 >>CHARLIE MIRANDA: It's my pleasure to introduce the good
09:19:41 folks from the mayor's Hispanic heritage committee and I
09:19:45 have a little thing to say here, and I am sorry that I will
09:19:49 not be able to attend this, the first year that I won't be
09:19:53 able to be there.
09:19:54 But these great people that work for the city put this fine
09:20:00 operation at the Tampa Theatre, and that's the only building
09:20:04 that's older than me.
09:20:07 They do a great job.
09:20:10 Please speak about your committee.
09:20:12 >> My name is.
09:20:13 Michelle Gomez.
09:20:14 I am the committee chair for the mayor's Hispanic heritage
09:20:18 committee, I along with my very hard working committee would
09:20:21 like to invite City Council, city staff, the public, to come
09:20:26 join us for our 28th annual Hispanic celebration at the
09:20:33 Tampa Theatre at 11 a.m., October 18th.
09:20:39 Our keynote speaker will be Susan Valdez.
09:20:42 She is a district one member of Hillsborough County school
09:20:45 board.
09:20:47 Ted Webb will be emceeing again this year as usual.
09:20:50 We will have a lot of entertainment.
09:20:53 This year it's going to be a dance montage.
09:20:58 Dance studios in the area will be dancing.
09:21:04 We are going to have flamenco dancing, just representing
09:21:08 different dances, representing the culture, different dances
09:21:11 that represent our culture.
09:21:13 And it's free to the public so we would love for everybody
09:21:17 to come join us.
09:21:21 We have the first 200 people will get free sampling of
09:21:27 Hispanic food.
09:21:30 So we would love for everybody to come join us.
09:21:33 >>MIKE SUAREZ: Thank you very much.
09:21:36 >>CHARLIE MIRANDA: Again I appreciate everything you all
09:21:39 have done in the past and continue to do in the future but
09:21:41 just to get Ted Webb started so he has something in my
09:21:44 absence to speak of, he's the only one that I know of that
09:21:48 has a face for radio. He can make the crowd look lively.
09:21:52 In fact he went to Jefferson just like most of us did.
09:21:55 And he made an F once.
09:21:57 Do you know why?
09:21:57 Because they didn't give out Gs.
09:22:00 (Laughter)
09:22:00 Ted and I used to have something to speak on.
09:22:03 So go get them.
09:22:04 I'm sorry I won't be there but take care.
09:22:06 Have a nice time.
09:22:07 >> Thank you.
09:22:10 >>MIKE SUAREZ: Thank you very much.
09:22:12 We appreciate what you do.
09:22:13 [ Applause ]
09:22:15 Next up is public comment.
09:22:17 Anyone that would like to speak on the agenda, anything
09:22:21 that's on the agenda except for those that are held for
09:22:24 public hearing may come forward at this time to speak.
09:22:28 Is there anyone that would like to make any kind of public
09:22:31 comment at this time?
09:22:34 Except for those items that are on the public agenda --
09:22:37 excuse me, I mean on the -- yeah.
09:22:41 Go ahead, sir.
09:22:42 >> For the record, on the record, private citizen Johnny
09:23:05 Bernard, without prejudice, all sovereign immunity rights,
09:23:11 rights reserved.
09:23:15 271985.
09:23:16 I am king.
09:23:18 I am here to talk about mostly about -- anyway, I talk about
09:23:28 America.
09:23:28 We have two governments right now.
09:23:36 The U.S. election, electing the United States corporate body
09:23:40 for your present, but you have your American king,
09:23:45 president, president of the people, supposed to protect the
09:23:48 people in case the second government, United States
09:23:52 corporate body steps over the people and endangers those
09:23:56 people.
09:23:57 Now, I understand that most of this stuff has been like off
09:24:00 the record, not spoken of, because not too many of our
09:24:03 people within our government body has really taken the time
09:24:07 to sit down and study our laws and study any laws of the
09:24:10 nation.
09:24:15 We have gotten the corporate body together.
09:24:17 There's nothing really wrong with the corporate body, just
09:24:20 need to get to the work with the people at the same time.
09:24:22 Now, I read over the United States treaties as far as it has
09:24:27 government one as far as America goes.
09:24:32 I disagree with some of the treaties, because I don't agree
09:24:36 with the corporate body.
09:24:39 I believe within some of the treaties that you guys have
09:24:42 that you should be merging with the government.
09:24:48 And we have a process of government, all structures of
09:24:51 government.
09:24:52 I am just going to throw that out there because you in your
09:24:55 offices, you know what to do with that.
09:24:58 Now, as far as the United Nations as far as the true
09:25:03 commission goes.
09:25:04 I have been looking at that it's people sitting in front of
09:25:10 it sitting in front of it, a crossover from the federal
09:25:13 courthouse.
09:25:18 Put in a International tribunal, states that you should give
09:25:22 your sovereigns some type of government to help with the
09:25:25 process of America going forward with true sovereignty.
09:25:29 (Bell sounds)
09:25:32 And that's all I have for right now.
09:25:33 Thank you.
09:25:34 >>MIKE SUAREZ: Thank you, sir.
09:25:35 Next, please.
09:26:03 Ed Tillou, Sulphur Springs.
09:26:05 Let's see if the individual your is working.
09:26:07 Okay, good.
09:26:09 Well, anyway, Derek Chamblee came and spoke about this a few
09:26:13 times and left these brochures which are called for right
09:26:18 now.
09:26:19 So anyway, this construction work, this is what you always
09:26:23 get around election time.
09:26:24 I noticed that many things have changed, like about 3 or 4
09:26:28 years ago the congestion came into Tampa, and the streets
09:26:32 became choked with cars.
09:26:34 But this is something that goes back a long time, like maybe
09:26:38 30 years.
09:26:38 This is how things are done in Florida.
09:26:41 People up north will hear about it.
09:26:43 Because what happens is the incumbents have created jobs.
09:26:47 They have created four or five Jobst.
09:26:50 They want everyone to know it.
09:26:51 So they close streets.
09:26:53 They cordon off buildings.
09:26:55 Things like that.
09:26:56 Things that you never see in other places where people are
09:26:59 too busy to worry about stuff like this.
09:27:01 And it's the incumbents.
09:27:03 So there might be a need for another projects, which have
09:27:11 been circumvented by at-large and it might be time for it
09:27:16 again because we get rid of incumbent, we get rid of all
09:27:20 this work with national negative impact on the community.
09:27:25 Okay.
09:27:26 With respect to a handout I put around, the ice on green
09:27:33 land is melting from the bottom.
09:27:36 There are whole big underground lakes under the ice.
09:27:39 So, anyway, that's very important because then that gives a
09:27:42 place where dry ice could be stored, carbon dioxide is dry
09:27:47 ice.
09:27:48 I went into this a little bit.
09:27:50 My grandmother's neighborhood, Williamsburg, and by using
09:27:55 the Wikipedia, I found my grandmother's great uncle's
09:28:01 armory.
09:28:02 So I have been corresponding with the governor of New York
09:28:05 about the possibilities of the sons of union veterans of the
09:28:10 civil war, we could use it as a camp.
09:28:14 And in return help with recruiting the National Guard units,
09:28:18 because the National Guard units might become very
09:28:20 important.
09:28:21 If we have a second civil war about this denial of global
09:28:24 warming change.
09:28:27 Okay, here were some things about the cigar industry.
09:28:31 (Bell sounds)
09:28:32 And it's like you should throw out all of the protections
09:28:36 that the public now has against cigarettes with cigars.
09:28:40 Well, I know a lot of people here, that's a perfect example
09:28:45 of original sin.
09:28:46 Their parents worked at something that harmed people.
09:28:50 And they say, well, that's what I have to do for my family.
09:28:55 Maybe, yeah, sometimes, but half as much as they say.
09:28:58 But I found that my great, great grandmother, Maria Luisa
09:29:04 Hanna was her name originally, but anyway she sold cigars.
09:29:08 (Bell sounds).
09:29:09 >>MIKE SUAREZ: Thank you, sir.
09:29:11 Is there anyone else in the public that would like to speak
09:29:13 at this time?
09:29:14 Anything that is not set for public hearing, those items
09:29:16 that are set for public hearing are 72 through 95.
09:29:19 Anything that is concerning that or any other item?
09:29:23 I see no one.
09:29:25 I would like to know if there's a request by the public for
09:29:27 reconsideration of any legislative matters at this time.
09:29:31 I also see no one.
09:29:32 Next up is item number 3.
09:29:34 It is an ordinance for first reading consideration.
09:29:38 Mr. Maniscalco, will you kindly take number 3?
09:29:42 >>GUIDO MANISCALCO: I have an ordinance being presented for
09:29:45 first reading consideration, an ordinance of the city of
09:29:48 Tampa, Florida making revisions to the city Tampa of code of
09:29:53 ordinances chapter 13 offenses, 14-150 .1.3 possession,
09:30:03 consumption on property operated by the Parks and Recreation
09:30:05 Department, temporary alcoholic beverage public area
09:30:12 facility or property operated or supervised by the Parks and
09:30:15 Recreation Department repealing all ordinances or parts of
09:30:19 ordinances in conflicts therewith, providing an effective
09:30:21 date.
09:30:21 >>MIKE SUAREZ: Second by Mr. Miranda.
09:30:23 All in favor? Any opposed?
09:30:25 >> The motion carried with Reddick and Montelione absent at
09:30:31 vote.
09:30:31 Second reading and adoption will be on October 20th,
09:30:35 2016 at 9:30 a.m.
09:30:36 >> next is committee reports.
09:30:47 >>CHARLIE MIRANDA: Move items 4 through 10.
09:30:49 >> Motion by Mr. Miranda.
09:30:51 Second by Mr. Maniscalco.
09:30:52 All in favor of that motion?
09:30:57 Any opposed?
09:30:57 Next up is our parks, recreation, cultural committee.
09:31:00 >>GUIDO MANISCALCO: I move items 11 through 20.
09:31:04 >> I have a motion from Mr. Maniscalco, a second from Mr.
09:31:07 Cohen.
09:31:07 All in favor of that motion?
09:31:09 Any opposed?
09:31:11 Next up is our Public Works Committee, Mr. Reddick is not
09:31:14 here at this time.
09:31:15 Mr. Maniscalco is our vice chair.
09:31:17 Can you take that committee?
09:31:18 >>GUIDO MANISCALCO: I move items 21 through 32.
09:31:21 >>MIKE SUAREZ: I have a motion by Mr. Maniscalco, a second
09:31:25 by Mr. Cohen.
09:31:26 All in favor of that motion?
09:31:28 Any opposed?
09:31:29 Finance Committee is next up.
09:31:32 Mr. Cohen is our chair.
09:31:33 >>HARRY COHEN: [Off microphone.]
09:31:37 >> I have a motion by Mr. Cohen, a second from Mr. Miranda.
09:31:40 All in favor of that motion?
09:31:42 Any opposed?
09:31:44 We have our Building, Zoning and Preservation Committee,
09:31:47 Mrs. Montelione is our chair but she is not present.
09:31:49 Mrs. Capin, could you please take that for us?
09:31:52 >>YVONNE CAPIN: Yes, I will.
09:31:53 Move items 46 through 51.
09:31:56 >>MIKE SUAREZ: I have a second from Mr. Miranda.
09:32:01 All in favor of that motion?
09:32:03 Any opposed?
09:32:05 And Mrs. Capin, transportation committee chair.
09:32:08 >>YVONNE CAPIN: I will move item 62 through 69.
09:32:13 >>MIKE SUAREZ: I have a motion from Mrs. Capin.
09:32:16 A second from Mr. Cohen.
09:32:17 All in favor of that motion?
09:32:20 Any opposed?
09:32:21 Thank you.
09:32:22 Next up we have item number 70 and 71.
09:32:27 Both of these are being set for public hearing.
09:32:28 If I could --
09:32:31 >>CHARLIE MIRANDA: Move the items set for public hearing as
09:32:33 stated on the agenda.
09:32:34 >>YVONNE CAPIN: Second.
09:32:35 >>MIKE SUAREZ: Motion by Mr. Miranda, second from Mrs.
09:32:38 Capin.
09:32:38 All in favor of that motion for item 70 and 71?
09:32:42 Any opposed?
09:32:44 Thank you.
09:32:44 >>CHARLIE MIRANDA: Move to open public hearings 72 through
09:32:48 79.
09:32:48 >> Second.
09:32:49 >>MIKE SUAREZ: Motion by Mr. Miranda.
09:32:51 Second from Mr. Cohen.
09:32:52 All in favor of that motion?
09:32:54 Any opposed?
09:32:55 Okay.
09:32:55 Anyone that is going to speak on items 72 through 79, please
09:33:02 stand and be sworn in at this time.
09:33:06 Oh, nonquasi--
09:33:08 Never mind.
09:33:10 But you can be sworn in, too.
09:33:12 Mrs. Foxx-Knowles, we don't need to swear them in.
09:33:17 Thank you, Mrs. Capin.
09:33:18 Item number 72.
09:33:19 >>SAL TERRITO: Legal department.
09:33:32 One is a cigarette tax bond.
09:33:34 Another is the funding.
09:33:36 And usually with conduit bonds, we issue the bonds and the
09:33:39 money will be loaned to them.
09:33:40 They will be solely responsible for the payment back, and we
09:33:44 will get a fee for doing this.
09:33:46 If there's any questions or people in the audience.
09:33:48 I would request you take each one separately, please.
09:33:51 Separate resolutions.
09:33:52 >>MIKE SUAREZ: Are there any questions from council?
09:33:56 Any questions or any comments from the public at this time
09:33:59 on item number 72?
09:34:01 >>CHARLIE MIRANDA: Move resolutions 71 and 72.
09:34:09 >> We have to do it separately.
09:34:11 >>CHARLIE MIRANDA: 72, first one, City of Tampa.
09:34:14 >>MIKE SUAREZ: You don't need to read it.
09:34:24 If I can get a motion to close.
09:34:26 A motion from Mr. Miranda.
09:34:27 Second by Mr. Maniscalco.
09:34:30 All in favor of that motion?
09:34:31 Mr. Miranda, if you could take up the first one.
09:34:33 >>CHARLIE MIRANDA: The first one totally bonds equal to $71
09:34:42 million.
09:34:43 >> Motion by Mr. Miranda.
09:34:44 Second by Mr. Maniscalco.
09:34:45 All in favor?
09:34:46 Any opposed?
09:34:47 Do you want to take the second one, too?
09:34:50 >>CHARLIE MIRANDA: Move the same resolution, 2016-88,
09:34:56 number 2 for the record, totaling 116 million-dollar.
09:35:01 >>MIKE SUAREZ: 2016-B.
09:35:04 Second by Mr. Maniscalco.
09:35:06 All in favor?
09:35:06 Any opposed?
09:35:07 All right.
09:35:08 Thank you so much.
09:35:09 Item number 73.
09:35:10 >> Good morning, council members.
09:35:19 Melissa Dickens, Planning Commission staff.
09:35:22 This is the second reading for the ordinance this morning
09:35:25 for the capital improvement section update.
09:35:31 A presentation was given at a previous meeting.
09:35:35 If you have any questions I'm available.
09:35:36 >>MIKE SUAREZ: Thank you.
09:35:38 Is there anyone in the public that wants to speak on item
09:35:40 number 73 at this time?
09:35:42 73.
09:35:43 Come forward.
09:35:49 Let's see, the class is going through.
09:35:51 Let's see if there's anyone else.
09:35:53 Okay, terrific.
09:35:54 I think we might have one individual that wants to speak.
09:35:57 This is on item number 73.
09:35:59 Please keep your comments to item number 73.
09:36:01 >> Ed Tillou: Okay, yeah.
09:36:06 My name is Ed, Ed Tillou, Sulphur Springs.
09:36:11 In this regard, this combination on TBX.
09:36:15 Now, in other words, this is being presented like the TBX is
09:36:22 cracked.
09:36:22 And I went to county commission yesterday, and I saw about
09:36:30 two or three things, and I didn't get to one thing I wanted
09:36:33 to speak about was the public transportation commission on
09:36:37 this matter Uber and Lyft.
09:36:42 And what I wanted to say was that is, to a certain extent,
09:36:45 the only way that people who serve time in prison can find
09:36:50 work and not go back to prison.
09:36:53 But the county commission was pretty much insulated from
09:36:56 that.
09:36:56 Those people have come here and spoken about that here.
09:37:00 So I really should have done that.
09:37:01 Maybe I'll do it at the next meeting.
09:37:03 But the thing is, they need to put something on Uber an Lyft
09:37:12 saying these people have not been properly vetted, maybe
09:37:15 their insurance is -- so people get informed consent.
09:37:19 And I think there's a parallel to that here that there
09:37:22 should be some stipulation that this does not constitute
09:37:26 approval of the TBX, because that's been hashed around and
09:37:31 said and things.
09:37:32 And this is a time, you know.
09:37:35 A placard, a disclaimer or something like that.
09:37:38 And the county and Uber and Lyft, they can be sued, like if
09:37:42 they approve that and somebody gets robbed or murdered while
09:37:47 using Uber and Lyft, and the county commission would be on
09:37:50 the hook.
09:37:51 I don't think you would be on the hook with this, but maybe
09:37:55 it shouldn't be built.
09:37:56 >>MIKE SUAREZ: Thank you, sir.
09:37:57 Is there anyone else that would like to comment on item
09:38:00 number 73?
09:38:02 I see no one.
09:38:03 >> Motion to close.
09:38:05 >>MIKE SUAREZ: I have a motion from Mr. Cohen, I have a
09:38:07 second from Mr. Miranda.
09:38:08 All in favor of that motion?
09:38:11 Any opposed?
09:38:12 All right.
09:38:13 Item number 73, Mr. Cohen, will you kindly take that?
09:38:18 >> Move an ordinance for second reading and adoption, an
09:38:21 ordinance amending the Tampa comprehensive plan, capital
09:38:24 improvements section by updating schedule of projects for
09:38:27 fiscal year 2017 through fiscal year 2021 and incorporating
09:38:31 by reference into the capital improvement section the
09:38:34 Hillsborough County Metropolitan Planning Organization's MPO
09:38:40 transaction improvement program, Hillsborough County area
09:38:43 regional transit development, capital projects, and the
09:38:50 Hillsborough County public schools facilities 5 year work
09:38:53 program providing for repeal of all ordinances in conflict
09:38:58 providing for severability, providing an effective date.
09:38:59 >>CHARLIE MIRANDA: Second.
09:39:01 >>MIKE SUAREZ: Please record your vote.
09:39:02 >>THE CLERK: I see it was a unanimous vote.
09:39:13 >> Why don't we go Do a public vote since the public can't
09:39:17 see it.
09:39:18 >>CHARLIE MIRANDA: Yes.
09:39:19 >>FRANK REDDICK: Yes.
09:39:20 >>YVONNE CAPIN: Yes.
09:39:21 >>MIKE SUAREZ: Yes.
09:39:22 >>HARRY COHEN: Yes.
09:39:25 >>LISA MONTELIONE: Yes.
09:39:26 >>THE CLERK: Motion carried unanimously with Maniscalco
09:39:31 being absent at vote.
09:39:32 >>MIKE SUAREZ: Next up is item number 74.
09:39:35 >>DAVID HAY: Planning Commission staff.
09:39:42 Item 74 is a second reading in regards to plan amendment
09:39:49 16-02, Rattlesnake Point, and Planning Commission staff is
09:39:53 here if you have any questions.
09:39:54 >>MIKE SUAREZ: Thank you.
09:39:55 Petitioner?
09:40:06 >>GINA GRIMES: Hill, Ward, Henderson, East Kennedy
09:40:08 Boulevard.
09:40:09 We represent the owner of the parcel, one of which is the
09:40:14 subject of this comp plan amendment and I'm here if you have
09:40:18 any questions.
09:40:19 >>MIKE SUAREZ: Thank you very much.
09:40:20 Is there anyone in the public to be speak on item 74?
09:40:23 I see no one.
09:40:24 I have a motion to close by Mr. Miranda, a second from Mrs.
09:40:27 Capin.
09:40:28 All in favor of that motion?
09:40:30 Any opposed?
09:40:31 Mrs. Capin, will you kindly take the substitute ordinance
09:40:34 number 74?
09:40:35 >>YVONNE CAPIN: Okay.
09:40:42 Substitute ordinance for second reading and adoption, an
09:40:44 ordinance amending the Tampa Comprehensive Plan pertaining
09:40:47 to the objective and policies for redevelopment of the
09:40:51 Rattlesnake Point waterfront area providing for repeal of
09:40:54 all ordinances in conflict providing for severability,
09:40:57 providing an effective date.
09:40:57 >>MIKE SUAREZ: I have a motion by Mr. Capin, a second from
09:41:02 Mr. Miranda.
09:41:03 Please record your vote.
09:41:04 Let's hope it shows up.
09:41:05 >>THE CLERK: Motion carried unanimously.
09:41:14 >>MIKE SUAREZ: Thank you.
09:41:16 Item number 75.
09:41:17 >>DAVID HAY: Planning Commission staff.
09:41:21 This is in regards to plan amendment 16-03-A, a privately
09:41:27 initiated amendment.
09:41:28 This is second reading and Planning Commission staff is
09:41:30 present if you have any questions.
09:41:31 >>MIKE SUAREZ: Mr. Reddick.
09:41:35 >>FRANK REDDICK: Question.
09:41:41 Explain to me and the audience, what is the purpose of an
09:41:44 overlay district?
09:41:45 >>DAVID HAY: That would be zoning overlay in that
09:41:56 particular area, the details contained within the Land
09:41:59 Development Code.
09:42:00 We could see if someone staff is present to discuss the
09:42:07 overlay.
09:42:07 >> LaChone Dock, City of Tampa planning and development.
09:42:16 So Councilman Reddick, are you asking if this is a
09:42:19 request --
09:42:20 >>FRANK REDDICK: No, no, I just want to know what is the
09:42:23 purpose?
09:42:23 We talk about overlay district all the time, and I just want
09:42:27 to know what is the purpose of the overlay district for our
09:42:30 community?
09:42:30 >> Generally, they set the design standards for that certain
09:42:34 area, for the boundaries.
09:42:36 Certain design standards are set in place.
09:42:38 So when you are at the point of permitting you follow those
09:42:41 specific design standards for that area.
09:42:43 >>FRANK REDDICK: So in this particular item, 75, doctor the
09:42:54 petitioner meet the design standard for that particular
09:42:57 neighborhood?
09:42:57 >>DAVID HAY: At this stage the plan amendment does not come
09:43:07 into play.
09:43:07 That comes in at the next phase which is the zoning phase.
09:43:10 So at the rezoning stage they would have to show detailed
09:43:14 height, setbacks, and at a comp plan stage we only look at
09:43:19 overall density, and the land use categories, give a general
09:43:24 idea of the development patterns to expect in the future in
09:43:28 that area.
09:43:28 >>FRANK REDDICK: So once we get to the zoning stage, and it
09:43:34 is determined that the height pertaining to the proposal
09:43:39 from the petitioner does not meet the requirement in that
09:43:44 particular area, what happens to the project?
09:43:48 >>DAVID HAY: Again, that's a zoning matter.
09:43:51 So the land use would remain the same.
09:43:53 The zoning would need to be reviewed with whatever the
09:43:58 applicant provides the PD or Euclidean-type zoning district,
09:44:03 but that is reviewed at that zoning -- if it's over the
09:44:10 height, would be a recommendation from the staff.
09:44:13 >>LaCHONE DOCK: City of Tampa planning and development.
09:44:16 What would happen is that the future land use amendment
09:44:20 request for this would set the underlying land use on the
09:44:24 property, when it comes time for development, then the
09:44:26 applicant would submit to rezone the property.
09:44:30 If he rezoned to the a PD which is likely, be a planned
09:44:35 development, is controlled it W by the site plan.
09:44:37 At that time determines the site plan, the building height,
09:44:43 the area that he's going to build out, and the layout of the
09:44:46 site.
09:44:46 >>FRANK REDDICK: So right now, because it's a plan
09:44:52 amendment that we are dealing with, and not a zoning issue,
09:44:58 a previous discussion that the gentleman, the petitioner
09:45:00 stated to us about the height, the proposed development,
09:45:06 this would be taken up during the zoning phase of it?
09:45:09 >>LaCHONE DOCK: Correct.
09:45:12 The specifics of the height would be stated at that time.
09:45:15 This is too early at this stage to fix that.
09:45:17 >>FRANK REDDICK: All right, last question.
09:45:23 The plan amendment doesn't necessity that this person can
09:45:31 put up an eight-story, is that correct?
09:45:36 >>LaCHONE DOCK: The land use that he's requesting, this
09:45:38 land use amendment, has that cap of the 8 to 10 stories.
09:45:44 For the UME 60.
09:45:45 Urban mixed use 60.
09:45:49 But it doesn't mean that he's developing to that.
09:45:51 >>DAVID HAY: Right.
09:45:55 David Hay, Planning Commission staff.
09:45:57 The Heights that are contained in the land use within the
09:46:00 comp plan are general guidelines, and they are only used as
09:46:03 a reference to give people ideas, if they are reading the
09:46:07 comp plan, to understand what development types that they
09:46:11 should expect in the future.
09:46:12 So there's no regulatory aspect to the height described
09:46:17 within the comp plan.
09:46:20 >>FRANK REDDICK: All of this is done through the zoning
09:46:23 process?
09:46:24 >>DAVID HAY: Right.
09:46:25 It officially goes to the zoning process.
09:46:27 >>MIKE SUAREZ: Any questions before I go to petitioner?
09:46:29 Petitioner?
09:46:30 >> Adam Hart on behalf of petitioner, 2313 Palacio Avenue.
09:46:44 I'm here to answer any questions if you have any.
09:46:46 >>MIKE SUAREZ: Are there any questions of the council or
09:46:53 the petitioner?
09:46:54 >>FRANK REDDICK: I have one question for him.
09:47:00 I received several calls from individuals who attempted to
09:47:08 have some dialogue with you and they informed me that you
09:47:10 have not returned their calls.
09:47:12 One in particular is Leon crew.
09:47:18 Now, they are trying to give you an opportunity to express
09:47:26 what you plan to do.
09:47:30 And it's sad when one person calls and says you have not
09:47:35 returned their calls, cannot even get a meeting with you of
09:47:39 what you plan to do.
09:47:40 I would suggest to you, so this won't be a detriment to not
09:47:47 only to you and the community, that you reach out to Mr.
09:47:54 Crew.
09:47:56 I think it's beneficial the that you have that conversation
09:48:00 so the public doesn't feel you are trying to hide something.
09:48:03 >> Willing absolutely.
09:48:10 Looked his number up and called him.
09:48:15 >>FRANK REDDICK: He wants to talk to you.
09:48:18 Thank you.
09:48:18 >>MIKE SUAREZ: Any other comments or questions by
09:48:21 petitioner? Is there anyone in the public that would like
09:48:23 to speak at this time on item number 75?
09:48:25 75?
09:48:26 I see no one.
09:48:28 I have a motion to close from Mr. Cohen, a second from Mr.
09:48:32 Miranda.
09:48:32 All in favor of that motion?
09:48:34 Any opposed?
09:48:37 Because of the nature of the last vote, I will go to Mrs.
09:48:40 Capin again if we could, or Mr. Cohen on this item number
09:48:45 75.
09:48:45 >>YVONNE CAPIN: Okay.
09:48:49 Thank you.
09:48:53 Item PA-16-03-A, an ordinance being presented for second
09:48:58 reading and adoption, an ordinance amending the Tampa
09:49:00 Comprehensive Plan, future land use map, for the property
09:49:04 generally located at 1120 North Boulevard and 1002 West
09:49:09 Cypress street and 902, 906, 912 and 914 north Edison Avenue
09:49:15 from residential 35-R-35 to urban mixed use 60, UMU 60,
09:49:23 providing for repeal of all ordinances in conflict,
09:49:28 providing for severability, providing an effective date.
09:49:29 >> Second.
09:49:30 >> Motion by Mrs. Capin.
09:49:32 A second from Mr. Cohen.
09:49:33 Please record your vote.
09:49:34 >>THE CLERK: [Off microphone.]
09:49:44 >> If we can do voice roll call.
09:49:53 >>CHARLIE MIRANDA: No.
09:49:55 >>FRANK REDDICK: No.
09:49:56 >>YVONNE CAPIN: Yes.
09:49:57 >>MIKE SUAREZ: Yes.
09:49:58 >>HARRY COHEN: Yes.
09:50:00 >>GUIDO MANISCALCO: Yes.
09:50:01 >>LISA MONTELIONE: Yes.
09:50:09 >>MIKE SUAREZ: Thank you.
09:50:09 Item number 76.
09:50:11 Staff.
09:50:11 >>DAVID HAY: Planning Commission staff.
09:50:14 The next item, item 76, is second reading for the
09:50:20 city-initiated comprehensive plan amendment 1603-B, and I'm
09:50:29 here if you have any questions.
09:50:30 >>MIKE SUAREZ: Is there anyone from staff that would like
09:50:32 to speak at this time?
09:50:33 Anyone on the council that would like any questions answered
09:50:37 at this time on this item?
09:50:39 Is there anyone in the public that would like to speak on
09:50:41 item number 76?
09:50:42 76?
09:50:47 I see no one.
09:50:48 I have a motion to close from Mr. Cohen, a second from Mr.
09:50:51 Maniscalco.
09:50:52 All in favor of that motion?
09:50:54 Opposed?
09:50:55 Mr. Cohen, could you kindly take the substitute ordinance on
09:50:58 number 76?
09:50:59 >>HARRY COHEN: Move a substitute ordinance being presented
09:51:04 for second reading and adoption, an ordinance amending the
09:51:07 Tampa Comprehensive Plan, future land use map for the
09:51:09 property located at 909, 911, 913, 1006 and 1008 West
09:51:15 Cypress street, 1002, 1007, 1010 West Lemon Street, 910,
09:51:23 1001 and 1010 west Cass Street and 707, 711, 3903, 905 and
09:51:30 907 north Delaware Avenue from residential 20 R-20
09:51:33 residential 35 R-35 and general mixed use GMU 24 to
09:51:39 neighborhood mixed use 35, NMU 35, urban mixed use 60, UMU
09:51:45 60 and community mixed use 35, CMU 35, providing for repeal
09:51:50 of all ordinances in conflict, providing for severability,
09:51:53 providing an effective date.
09:51:53 >> Second.
09:51:55 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
09:51:57 I have a second from Mr. Maniscalco.
09:51:59 I believe we are going to have to do a roll call vote.
09:52:02 Is that correct?
09:52:07 Beings I don't see anything on there.
09:52:09 Is it ready to go?
09:52:10 Please record your vote.
09:52:13 Let's see what happens now.
09:52:14 >> It's working.
09:52:24 >> Let's see if it comes up.
09:52:26 >>THE CLERK: Motion carried with Reddick voting no.
09:52:28 >>MIKE SUAREZ: Thank you.
09:52:37 Item number 77.
09:52:39 >>DAVID HAY: Planning Commission staff.
09:52:48 This is your last comp plan-related amendment.
09:52:52 Second reading for plan amendment 16-05, a privately
09:52:56 initiated amendment, and Planning Commission staff is
09:52:58 present if you have any questions.
09:53:00 >>MIKE SUAREZ: Any questions by council?
09:53:03 Petitioner?
09:53:03 >> Second reading, it was received by the council with great
09:53:13 support.
09:53:14 We appreciate your continuing consideration.
09:53:15 Thank you.
09:53:15 >>MIKE SUAREZ: Thank you.
09:53:17 Is there anyone in the public that would like to speak on
09:53:19 item number 77?
09:53:20 77?
09:53:21 I see no one.
09:53:23 I have a motion to close from Mr. Miranda, second from Mr.
09:53:26 Maniscalco.
09:53:27 All in favor of that motion?
09:53:28 Any opposed?
09:53:29 Mr. Reddick, will you kindly take item number 77?
09:53:35 >>FRANK REDDICK: Move an ordinance for second reading and
09:53:38 adoption, an ordinance amending the Tampa Comprehensive
09:53:39 Plan, future land use map for property generally located at
09:53:44 8426 North Florida Avenue from residential 20 R-20 to
09:53:48 community commercial 35, CC 35, providing for repeal of all
09:53:53 ordinances in conflict, providing for severability,
09:53:56 providing an effective date.
09:53:56 >> Second.
09:53:58 >>MIKE SUAREZ: I have a motion from Mr. Reddick, a second
09:54:00 from Mr. Maniscalco.
09:54:02 Please record your vote.
09:54:03 >>YVONNE CAPIN: I got the wrong one.
09:54:14 There we go.
09:54:15 >>LISA MONTELIONE: It seems to be working.
09:54:17 >> There it is.
09:54:23 >> Mine says select again.
09:54:28 >>MIKE SUAREZ: Go ahead.
09:54:32 >> Motion carried with Capin voting no.
09:54:37 >>MIKE SUAREZ: Thank you.
09:54:37 We will have a session on council how to vote later on.
09:54:40 (Laughter)
09:54:41 All right.
09:54:41 Item number 78 and 79.
09:54:46 You voted wrong?
09:54:47 Could we reset that?
09:54:49 >>YVONNE CAPIN: Sorry.
09:54:50 >>MIKE SUAREZ: We don't have to reopen to vote.
09:54:55 Mr. Reddick.
09:54:59 Does he have to read this?
09:55:01 No.
09:55:01 We can go with the same motion and revote.
09:55:04 Correct?
09:55:05 That will be fine.
09:55:06 We have a motion from Mr. Reddick.
09:55:08 We have a second, I believe, from Mr. Maniscalco.
09:55:11 Roll call vote, please.
09:55:12 >> Are we doing roll call?
09:55:19 >>MIKE SUAREZ: We have to do roll call now.
09:55:20 >>FRANK REDDICK: Oh, yes.
09:55:25 >>YVONNE CAPIN: Yes.
09:55:27 >>MIKE SUAREZ: Yes.
09:55:28 >>HARRY COHEN: Yes.
09:55:29 >>GUIDO MANISCALCO: Yes.
09:55:30 >>LISA MONTELIONE: Yes.
09:55:31 >>THE CLERK: Motion carried unanimously.
09:55:33 >>LISA MONTELIONE: Preoccupied with our relatives.
09:55:38 >> I'm sorry to hear that.
09:55:41 Item number 78 and 79 are already continued public hearings.
09:55:45 But those folks that are going to speak on items number 78
09:55:50 through 93, if you could stand and be sworn in at this time.
09:55:54 >>MIKE SUAREZ: 78.
09:56:09 >>GLORIA MOREDA: Land development.
09:56:12 City Council, the applicant has filed to amend this
09:56:15 petition.
09:56:16 Originally he asked for a small venue.
09:56:19 They are now asking it to be a restaurant, which is a more
09:56:22 restrictive classification.
09:56:25 They will be doing the annual reporting at this point.
09:56:27 It is for beer, wine, liquor on premises consumption only.
09:56:33 Before they asked for package sales.
09:56:36 They have removed that request.
09:56:38 The hours of operation indicate chapter 14 compliance.
09:56:41 With that, it does need to go back too first reading.
09:56:44 I did receive a letter from the Civic Association,
09:56:51 indicating he's removing his objection.
09:57:01 I can go back over the case if anybody has any questions.
09:57:06 I can just entertain those.
09:57:08 >>MIKE SUAREZ: Any questions by council on this particular
09:57:10 item?
09:57:10 So now reading will be first reading?
09:57:14 >>GLORIA MOREDA: It will be a first reading.
09:57:17 I believe the legal department has given the revised
09:57:20 ordinance to the clerk.
09:57:21 >> There will be a revised orthopedics.
09:57:36 It should be in your file but I'll make sure it's there.
09:57:39 Kristin Mora, legal department.
09:57:41 The revised ordinance will be as Mrs. Moreda stated, it will
09:57:47 be for consumption on premises only.
09:57:51 No package sales.
09:57:52 >>MIKE SUAREZ: Does the title change?
09:58:02 >> Could we continue this to the back of the agenda so I can
09:58:05 go upstairs and make sure we have the ordinance?
09:58:08 >>MIKE SUAREZ: We are here to make sure it goes through.
09:58:12 Okay.
09:58:12 So we will hold this item until after you come back.
09:58:17 Thank you so much.
09:58:17 Let us go on now to item number 79.
09:58:20 >>ABBYE FEELEY: Land Development Coordination.
09:58:25 Item number 79 is a second reading that has been requested
09:58:29 for continuance by the applicant due to some issues on their
09:58:34 end.
09:58:35 It was certified.
09:58:36 It is ready for second reading.
09:58:39 >>MIKE SUAREZ: Petitioner?
09:58:45 >> Good morning.
09:58:53 I am here if you have any questions.
09:58:59 Thank you.
09:58:59 >>MIKE SUAREZ: Thank you.
09:59:00 Any questions from council by petitioner or staff?
09:59:05 Is there anyone in the public that would like to speak on
09:59:07 item 79?
09:59:08 79?
09:59:08 I see no one.
09:59:13 Yes, sir?
09:59:24 >> I'm Ed, Ed Tillou from Sulphur Springs.
09:59:28 Okay.
09:59:30 I felt a responsibility to speak to this.
09:59:32 I was an aviator, like I did at county commission yesterday.
09:59:37 Not this parcel.
09:59:38 It was about MacDill.
09:59:39 But this tendency of the real estate machine to be moving in
09:59:42 on airports more and more.
09:59:44 Now, West Cypress, on the south side, has high-rises.
09:59:51 But I don't know what the implications of conversion from
09:59:57 airport compatibility to, say, an air conditioned
10:00:03 self-storage unit would be, because some of these
10:00:06 self-storage units that are air conditioned, they can go
10:00:11 several stories.
10:00:11 Now, three or four stories probably wouldn't be too bad.
10:00:15 But, you know, these place as round airports that they are
10:00:19 building like 15 and 20-story buildings.
10:00:23 And that's kind of International, where it's called
10:00:30 International Mall is an example.
10:00:32 It's like beginning so quickly, 9/11, because 9/11, aircraft
10:00:39 care years like about 7 or 8,000 gallons of fuel.
10:00:44 So I suppose one of those go into International Mall.
10:00:50 There's even more fuel down by MacDill, those tanker
10:00:54 planes.
10:00:54 They carry that much more.
10:00:56 And if that field is scrubbed because of building a hotel, I
10:01:03 understand in the path of the aircraft, they don't want --
10:01:09 Pentagon wouldn't want an aircraft with tens of thousands of
10:01:13 gallons of jet fuel crashing into a hotel.
10:01:17 So I assume it's 3 or 4 stories, but maybe they are allowed
10:01:24 unlimited.
10:01:27 Airport compatibility might say, well, no more than three
10:01:30 stories high, whereas this other thing, if it's air
10:01:35 conditioned self-storage, maybe it could be 20 or 30 stories
10:01:40 high.
10:01:40 I mean, I don't know if that's been investigated.
10:01:43 I think you should ask it, too, because if anybody has
10:01:45 learned about trusting their bureaucracy too much, Mr.
10:01:51 Krisman over in Pinellas County with respect to all of the
10:01:56 sewage going into the bay.
10:01:59 Now he trusted the people that worked for him.
10:02:01 But apparently he never got a copy of the report that they
10:02:05 were supposed to give him.
10:02:07 So you have got to judge your trust on this issue, because,
10:02:11 you know, incumbent, you know, one of these huge jets with
10:02:18 all of its fuel crashed into something that was too high,
10:02:23 you know.
10:02:23 >>MIKE SUAREZ: Thank you, sir.
10:02:25 Anyone else in the public that would like to speak on item
10:02:27 number 79?
10:02:28 79?
10:02:28 Petitioner, do you want any rebuttal?
10:02:31 Okay.
10:02:34 I have a motion to close by Mr. Cohen, a second from Mr.
10:02:37 Maniscalco.
10:02:38 All in favor of that motion?
10:02:39 Any opposed?
10:02:41 Mr. Miranda.
10:02:42 >>CHARLIE MIRANDA: Airplanes don't carry gallons, they
10:02:46 carry weight.
10:02:46 FROM THE FLOOR: About well, but --
10:02:54 >>MIKE SUAREZ: Mr. Tillou, you have already had your time.
10:02:57 Will you kindly take number 79?
10:02:58 >>FRANK REDDICK: Yes, sir.
10:03:02 Ordinance being presented for second reading and adoption,
10:03:05 an ordinance rezoning property in the general vicinity of
10:03:07 4907, 4909 West Cypress street in the city of Tampa, Florida
10:03:11 and more particularly described --
10:03:16 >> You are taking number 79?
10:03:20 Go ahead, Mr. Reddick.
10:03:22 Continue, sir.
10:03:22 >>FRANK REDDICK: Start all over?
10:03:28 (Laughter)
10:03:31 Move an ordinance being presented for second reading and
10:03:34 adoption, an ordinance rezoning property in the general
10:03:36 vicinity of 4907 and 4909 West Cypress street in the city of
10:03:41 Tampa, Florida and more particularly described in section 1
10:03:43 from zoning district classifications M-AP-1, airport
10:03:47 compatibility, to PD, planned development, air conditioned
10:03:51 self-storage, providing an effective date.
10:03:52 >> Second.
10:03:55 >>MIKE SUAREZ: I have a motion by Mr. Reddick, a second
10:03:57 from Mr. Cohen.
10:03:58 Please record your vote.
10:03:59 >>THE CLERK: Motion carried with Montelione being absent at
10:04:10 vote.
10:04:10 >>MIKE SUAREZ: Thank you.
10:04:12 Item number 80.
10:04:16 Miranda move to open.
10:04:19 80 through 93.
10:04:22 >>MIKE SUAREZ: Motion by Mr. Miranda.
10:04:25 I have a second by Mr. Maniscalco.
10:04:27 All in favor of that motion?
10:04:29 Any opposed?
10:04:30 Before we go forward, if there's anyone that's going to
10:04:32 speak on item 80 through 93, please stand and be sworn in,
10:04:39 80 through 93. (Oath administered by Clerk)
10:04:47 >>MIKE SUAREZ: Thank you.
10:04:48 Staff.
10:04:48 >>ABBYE FEELEY: Land development.
10:04:51 Items number 80 through 87 have been certified and are ready
10:04:57 for second reading.
10:04:59 And then I will get the other items.
10:05:06 >>MIKE SUAREZ: Number 80.
10:05:07 Petitioner.
10:05:12 Anyone here on number 80?
10:05:15 Do you see anyone representing petitioner?
10:05:26 >>ABBYE FEELEY: Land Development Coordination.
10:05:27 This is the case on Obispo.
10:05:32 I do not see the applicant present.
10:05:33 >>MIKE SUAREZ: Okay.
10:05:35 If there's anyone in the public that would like to speak on
10:05:37 item 80, please come forward at this time.
10:05:44 Whoever has a cell phone ringing at this time, if you could
10:05:46 please silence it.
10:05:48 We have a motion to close from Mr. Miranda.
10:05:50 We have a second from Mrs. Montelione, I believe.
10:05:53 All in favor of that motion please indicate by saying aye.
10:05:56 Any opposed?
10:05:57 Mr. Miranda, will you kindly take item number 80?
10:06:02 >>CHARLIE MIRANDA: File REZ 16-12.
10:06:06 Ordinance presented for second reading and adoption, an
10:06:09 ordinance rezoning property in the general vicinity of 4104
10:06:13 west Obispo street in the city of Tampa, Florida and more
10:06:16 particularly described in section 1 from zoning district
10:06:18 classifications RS-60 residential single-family to PD
10:06:22 planned development, residential, single-family detached,
10:06:25 providing an effective date.
10:06:25 >>MIKE SUAREZ: I have a second by Mr. Maniscalco.
10:06:28 Please record your vote.
10:06:29 >>THE CLERK: Motion carried with Cohen being absent at
10:06:37 vote.
10:06:37 >>MIKE SUAREZ: Thank you.
10:06:40 Item number 81.
10:06:46 Anything to report, staff?
10:06:47 If not, petitioner, please come forward.
10:06:49 >> Singer & O'Donniley, south Oregon Avenue, here on behalf
10:07:04 of petitioner.
10:07:05 Just as a matter of procedural posture we will be appearing
10:07:08 before the ARC shortly.
10:07:11 This may come before the body again.
10:07:13 Happy to answer any questions.
10:07:14 >>MIKE SUAREZ: Thank you.
10:07:15 Any questions from council at this time?
10:07:18 Is there anyone in the public that would like to speak on
10:07:20 item number 81?
10:07:21 81 at this time?
10:07:22 Please come forward.
10:07:25 I think there's someone coming up.
10:07:27 >> Bobby Wilson, West Tampa, member of the West Tampa CRA
10:07:39 committee.
10:07:41 As stated by the city at the earlier first reading the
10:07:45 rezoning is inconsistent with the land development, historic
10:07:48 preservation, and the West Tampa overlay urban design.
10:07:52 In addition, the inconsistencies in the proposed design,
10:08:01 with the zoning request, also inconsistent with other
10:08:04 institutions in Tampa related to fencing and signage.
10:08:09 At the synagogue on Bayshore at 2713 Bayshore, there is
10:08:15 no -- I think this works -- there is no fencing a long
10:08:23 Bayshore.
10:08:24 Also, at the synagogue at 3303 West Swann Avenue, there's no
10:08:30 fencing either.
10:08:34 As you can see there's no fencing along Lincoln Avenue or
10:08:39 DeLeon street.
10:08:40 Also, there's no fencing at the Holocaust museum which is an
10:08:46 urban setting.
10:08:47 I'm quite sure that the JCC will have adequate safety
10:08:51 protocols with cameras, security checkpoints, and additional
10:08:56 designs when there are special events, that are trained to
10:09:00 identify and mitigate potential threats.
10:09:02 In regards to the signage, the questions I had, are two
10:09:08 signs really necessary for Howard street, which is a one-way
10:09:11 street?
10:09:12 Most likely not.
10:09:13 In closing, I ask you guys to reconsider and deny the
10:09:16 rezoning request.
10:09:18 It is inconsistent with land development.
10:09:20 It's inconsistent with urban design.
10:09:21 It is inconsistent with preservation factors.
10:09:24 It's also inconsistent for safety concerns.
10:09:29 >>MIKE SUAREZ: Thank you.
10:09:31 Mrs. Capin?
10:09:32 >>YVONNE CAPIN: Okay, yes.
10:09:34 Obviously, I agree with the comments of fencing.
10:09:38 And I mentioned that back when the JCC came up about the
10:09:44 parking lot.
10:09:45 And I misspoke about it being rezoned for alcoholic
10:09:48 beverage.
10:09:49 What they came up for was to fence in the parking lot.
10:09:53 And it was stated that they would have events in the parking
10:09:56 lot.
10:09:59 So that's what -- we are going piecemeal, fencing
10:10:05 replacing -- it does not need a fence on Howard Avenue.
10:10:09 It does not need a fence on Howard Avenue.
10:10:15 It's the most unwelcoming thing that we could approve.
10:10:24 This is voted as a community place.
10:10:27 And yes, we are going to have the arts center from the city
10:10:37 park there, but let's invite the community in.
10:10:40 The community is not going to come in.
10:10:43 So, again, I stand by my vote.
10:10:45 It's a no.
10:10:46 And we should not be fencing this property in.
10:10:49 Thank you.
10:10:49 >>MIKE SUAREZ: Mr. Reddick.
10:10:51 >>FRANK REDDICK: Thank you, Mr. Chair.
10:10:53 If the gentle come back up again.
10:10:59 I am going to ask you a question.
10:11:03 I'm thankful that you brought those pictures here today.
10:11:09 Because there was testimony at the first hearing that the
10:11:17 location had a fence around it.
10:11:19 >> There is a partial fence there, but there's --
10:11:25 >>FRANK REDDICK: There was discussion about a fence around
10:11:29 this facility.
10:11:31 And I'm thankful that you did that.
10:11:35 And that's the reason why I did not support it.
10:11:38 I don't think a fence should go around there, and I told
10:11:43 this board the underlying reason for it.
10:11:48 But I am glad you pointed that out, and -- and seeing those
10:11:55 pictures means more than the testimony that I heard on the
10:11:59 first hearing.
10:12:00 Thank you.
10:12:00 >> Anyone else?
10:12:03 Mr. Miranda.
10:12:04 >>CHARLIE MIRANDA: First of all, this has been something
10:12:07 that was vacant and not used properly.
10:12:10 And I thank the good people who put investments and made
10:12:14 this armory a place for worship, a place for recreation for
10:12:19 all, a place for meeting for all.
10:12:21 Certainly had a fence around the perimeters of the north
10:12:25 side, the west side, and the south side.
10:12:28 But I don't recall fencing on one side other than where the
10:12:33 building is to the north.
10:12:35 The armory itself, the front side was never fenced.
10:12:38 And although I am in disagreement with the professional who
10:12:42 talked about why the fence was there, I just feel that my
10:12:46 vote for no remains the same, only because of the fence in
10:12:49 front of it.
10:12:50 It takes away all that you want to get, not only for
10:12:55 yourself, for this city and for this country.
10:12:59 The freedom to walk, the freedom to express, the freedom to
10:13:02 enjoy.
10:13:03 And that's why I voted no.
10:13:05 Thank you, chairman.
10:13:07 >>MIKE SUAREZ: Anyone else before I go to Mrs. Capin?
10:13:10 Mr. Cohen.
10:13:11 >>HARRY COHEN: It's an unfortunate thing in the world today
10:13:16 that a lot of institutions like Jewish community centers and
10:13:22 synagogues are targets for violent attacks.
10:13:26 The fact of the matter is, I stand by what I said about my
10:13:32 congregation.
10:13:33 I'm a member of both those congregations.
10:13:36 And in both cases, the fence that exists, particularly at
10:13:43 that Shalom, there is absolutely no access to the building
10:13:48 outside the fenced area.
10:13:49 There is literally a wall.
10:13:51 So I am not going to get into semantics about one fence or
10:13:54 the other.
10:13:55 But the fact of the matter is these are heavily secured
10:13:58 facilities for a God reason.
10:14:01 I am sorry that people feel it's unwelcoming but the fact of
10:14:06 the matter is that the security considerations that they
10:14:09 have are significant, and they are doing their best to try
10:14:14 to meet them.
10:14:14 And that's why I voted for it.
10:14:16 And that's why when I went to services a couple of days ago,
10:14:22 I had to walk through a fenced area in order to get inside
10:14:26 the building.
10:14:27 So, you know, you can argue about it.
10:14:31 There are 100% fencing around the structure, but the fact of
10:14:34 the matter is, these buildings are routinely fenced for
10:14:40 security purposes, and security purposes only.
10:14:43 >>MIKE SUAREZ: Mrs. Capin was first on the second round,
10:14:47 sir.
10:14:48 But is there anyone else that would like to speak now before
10:14:50 I go to second round?
10:14:51 Okay.
10:14:55 I'm getting Mrs. Capin first because she was up first and
10:14:58 Mr. Miranda.
10:14:59 Go ahead.
10:14:59 >>YVONNE CAPIN: The entrance to this facility is where?
10:15:06 Where is the entrance to this facility, the design?
10:15:09 The entrance to this facility is where?
10:15:14 Is anybody there to know what the entrance is?
10:15:18 >> Singer & O'Donniley.
10:15:27 We have an entrance here and here as well.
10:15:30 >>YVONNE CAPIN: You have an entrance on Howard Avenue?
10:15:36 >> This is the ceremonial entrance.
10:15:39 >>YVONNE CAPIN: There's not a walkway there.
10:15:41 There is a walkway.
10:15:42 You are leaving the existing walkway that was there.
10:15:45 There was a walkway.
10:15:46 Is that Howard Avenue there?
10:15:49 The print is so small.
10:15:52 It's to the right.
10:15:53 >> Howard Avenue here, yes.
10:15:56 >>YVONNE CAPIN: So leaving the walkway that was there.
10:15:59 >> There is a gate.
10:16:02 >>YVONNE CAPIN: It shows there, there is a walkway there,
10:16:05 has been there forever.
10:16:06 >> There is a gate here which provides access.
10:16:09 >>YVONNE CAPIN: What are they going to do with the walkway?
10:16:18 They are going to take it out?
10:16:20 Also, the main entrance is where?
10:16:25 >> This is the front facade here.
10:16:28 >>YVONNE CAPIN: That's the front facade which is not Howard
10:16:31 Avenue.
10:16:32 It is not Howard Avenue.
10:16:33 And that is my pint.
10:16:35 That is totally fenced in.
10:16:37 And to get into that entrance, you have to go to the
10:16:41 fenced-in parking.
10:16:46 Therefore, that door, that entrance on Howard Avenue is open
10:16:55 to the public.
10:16:59 I would find hard to believe when the main entrance is in a
10:17:03 fenced-in parking lot.
10:17:08 Where is the walkway that has been there?
10:17:10 Is it there still, Abbye?
10:17:12 Thank you, if you have it.
10:17:16 I'm sorry, Mrs. Feeley.
10:17:17 >>ABBYE FEELEY: Land Development Coordination.
10:17:26 This is the third rezoning on this property.
10:17:31 If I may, there is a walkway still shown.
10:17:35 This area here is not going to be -- there is a grass area
10:17:43 shown as a lawn area, I don't know.
10:17:45 >>YVONNE CAPIN: Okay, I need to know, they are undoing the
10:17:54 historic factor of this building.
10:17:56 That walkway is -- was very important to this building.
10:18:01 And I didn't see it last time and I wondered about it.
10:18:04 And it is not the main entrance.
10:18:06 It is -- there's a gate there, but there's no walkway.
10:18:11 You know --
10:18:13 >>ABBYE FEELEY: There is a small sidewalk that will come
10:18:15 down onto Gray Street, but I think that's why you also had a
10:18:21 finding from the ARC that the requested fence and that
10:18:26 ceremonial entry was inconsistent with secretary of interior
10:18:30 standards for the preservation of the entry.
10:18:35 There were some preliminary discussions about using
10:18:38 something more low level that could also stop vehicles from
10:18:44 parking there, or entering into that lawn area, but the
10:18:49 applicant chose to continue to seek the fencing.
10:18:52 And fencing we had originally done through the last rezoning
10:18:56 terminated at the building here and terminated up on the
10:19:00 gated parking area to the north.
10:19:07 There was security in this area here, but this remained
10:19:10 open.
10:19:10 So this last, third request that's before you is for the
10:19:13 fencing here.
10:19:14 >>YVONNE CAPIN: I agree, it is inconsistent.
10:19:23 It's major inconsistent.
10:19:27 And what we are getting there is a lawn.
10:19:33 A 3-foot wrought iron fence is not going to stop anybody.
10:19:37 And particularly a car.
10:19:38 Do you think a car cannot drive right through that fence?
10:19:42 I mean, seriously, people.
10:19:51 It's wrought iron?
10:19:53 >> It's aluminum.
10:19:55 >>YVONNE CAPIN: Worse.
10:19:56 Even easier.
10:19:57 Okay.
10:19:58 There has to be another way of protecting the people.
10:20:00 There has to be.
10:20:02 This is not the one.
10:20:03 This is not the one.
10:20:04 And I agree that it is inconsistent.
10:20:09 Thank you.
10:20:09 >>MIKE SUAREZ: Mr. Miranda.
10:20:11 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:20:13 Again, I would have supported this petition otherwise, but I
10:20:20 don't tell the petitioner how to design, build, construct a
10:20:23 building.
10:20:24 I never have and never will.
10:20:26 I did offer a suggestion that right adjacent to the
10:20:32 sidewalk, made a beautiful building with all the great needs
10:20:36 and all the desires of all of us to make this thing go.
10:20:40 But more like a prison F.this fence would have been put
10:20:43 eight, ten feet to the west, it would have given a different
10:20:48 appearance to the building.
10:20:49 But they put their heels in the ground and they said, no,
10:20:53 that's not what we need.
10:20:54 You know, I understand protection.
10:20:57 I understand what all of us have been through, especially
10:21:00 the Jewish faith, horrific crimes.
10:21:04 But you can't protect everybody.
10:21:06 The future is not going to be by walls.
10:21:09 How are you going to protect about drones?
10:21:12 There will be more drones flying pretty soon than there are
10:21:15 cars in the street.
10:21:17 There's tens of thousands of drones that have been permitted
10:21:21 by this government, not us, the country, the federal
10:21:23 government.
10:21:24 And if you are going to stop them, what are you going to
10:21:29 build?
10:21:31 Every building?
10:21:32 You can't do that.
10:21:33 It's time to understand that -- I am not against a building.
10:21:37 I have always supported the building.
10:21:38 I have always supported everything this petitioner has done
10:21:41 other than the fence on the front.
10:21:44 And at one time, the front used to be just about 50-50 with
10:21:51 the main entrance of the building.
10:21:53 Yes, we do the building to the north but we also use the
10:21:56 building to the east.
10:21:57 Thanks again, Mr. Chairman.
10:21:58 >>MIKE SUAREZ: Okay, Mr. Reddick.
10:21:59 >>FRANK REDDICK: Thank you.
10:22:03 >>MIKE SUAREZ: Excuse me, you want to go again after Mr.
10:22:06 Reddick?
10:22:06 Before you go, Mr. Reddick, is there anyone else that's
10:22:09 going to speak at this time who has not spoken so that we
10:22:11 can go forward?
10:22:12 Mr. Reddick, I apologize.
10:22:13 >>FRANK REDDICK: It will be my last comment.
10:22:15 Let me just say I am not here this morning trying to
10:22:20 convince anyone on this council to change their position.
10:22:22 But I'm going to ask the gentleman if he will be willing to
10:22:27 put those pictures in the record.
10:22:31 I don't know if you have your own personal copy, or
10:22:34 additional copies.
10:22:35 So I would suggest that you put those pictures in the record
10:22:40 so we can see what we heard in the first reading.
10:22:43 And I think that's important.
10:22:46 So it's up to you.
10:22:47 >>MIKE SUAREZ: If you can please give it to our attorney,
10:22:55 please.
10:22:55 >>FRANK REDDICK: Thank you.
10:22:57 And let me just say that I agree with colleague Mr. Miranda.
10:23:02 I have no objection to this and think it will be a very,
10:23:10 very valuable to this community.
10:23:12 But there's no need to make this community look like they
10:23:17 are in holy hell because they have a fence out there to
10:23:21 protect, and as it was stated, it looks more like a crime
10:23:26 scene than a community center.
10:23:28 Let me just say -- and Abbye, speaking about the Jewish
10:23:39 community and the threats on their lives.
10:23:41 But I need to remind people of history.
10:23:57 People have antagonized black churches for years.
10:24:03 Just recall what happened in Charleston, see what happened
10:24:08 in Alabama, see what happened in Atlanta, Georgia, see what
10:24:11 happened in Georgia.
10:24:16 I can go on and on.
10:24:18 Black churches have been bombed for years.
10:24:23 But in the black community, we don't believe in putting up a
10:24:26 fence.
10:24:29 It's up to God to protect us.
10:24:32 And that's who we serve.
10:24:36 So I sympathize with what's said here today.
10:24:41 And I am not here to convince any votes, but I want history
10:24:44 and I want the truth to be stated.
10:24:46 And be displayed in the record.
10:24:50 And that's the reason why I am saying what I am saying
10:24:54 today.
10:24:54 Thank you.
10:24:54 >>MIKE SUAREZ: Thank you, sir.
10:24:57 Mrs. Capin, I am going to let you go first.
10:24:59 And Mrs. Montelione, we will let you go afterwards.
10:25:03 Is that okay? I asked earlier.
10:25:05 >>LISA MONTELIONE: That's okay.
10:25:06 I was thinking about --
10:25:08 >>MIKE SUAREZ: Okay.
10:25:08 >>YVONNE CAPIN: I agree whenever my colleagues, that I was
10:25:11 the one that asked if this fence placed four foot from the
10:25:18 sidewalk, just four foot, would it not serve the same
10:25:21 purpose?
10:25:22 And you can look up the record.
10:25:25 That's what I asked.
10:25:28 And probably would have passed.
10:25:36 But they would have to leave the sidewalk as far as I'm
10:25:38 concerned.
10:25:38 Also, the director, one of the statements were, if one life
10:25:46 is lost, he was saying, it's on your shoulders.
10:25:52 Those kinds of threats are not welcome.
10:25:55 Nobody is responsible for anybody else's action.
10:26:00 I'm done.
10:26:00 Thank you.
10:26:00 >>MIKE SUAREZ: Okay, Mrs. Montelione.
10:26:03 >>LISA MONTELIONE: Thank you.
10:26:04 You know, personal safety is sometimes a perception to a
10:26:13 potential threat.
10:26:14 And we utilize a lot of different mechanisms to make
10:26:19 ourselves feel safe.
10:26:22 A lot of the communities, at least the ones in my district,
10:26:25 are gated.
10:26:26 Sometimes they don't have a guard at the gate.
10:26:31 Sometimes then don't have the little up and down arms or
10:26:34 actual physical gates.
10:26:37 But it's the feeling of that safety, because you are passing
10:26:42 through that entryway.
10:26:45 And, you know, I don't want to get into religion versus
10:26:51 religion or, you know, who is welcoming, who is not, but I
10:26:56 can tell you many of the mosques that I have been to, there
10:27:01 are some that are almost storefronts, or there's one on
10:27:08 Busch Boulevard that, you know, used to be some other
10:27:10 professional office.
10:27:11 I think it was an accountant.
10:27:13 And now there's a mosque that occupies that building.
10:27:18 And I can tell you they were recently the victims of arson.
10:27:22 During Friday's services.
10:27:25 And there's another one that also does not have any
10:27:30 protection, was also if victim of arson.
10:27:34 I can also tell you there's other mosques that have not only
10:27:39 fences but have walls.
10:27:42 So, you know, having some kind of feeling of comfort -- and
10:27:53 it's unfortunate that we live no world with so much hatred
10:27:59 and so much misunderstanding that increasingly security
10:28:06 measures are not only impossible but they are preferable.
10:28:12 Many of the people who get on airplanes are not a threat to
10:28:16 anyone, but we all go through those security measures.
10:28:23 Whether you are a threat or not.
10:28:26 So sometimes individuals have to give up a little bit of
10:28:30 their safety so that others can be comfortable knowing that
10:28:36 they are being protected.
10:28:39 And in some ways, that is why I supported this petitioner's
10:28:45 application.
10:28:46 And I'll continue to support it, because I think people
10:28:49 should be able to go to their place of worship and feel
10:28:54 comfortable, they should be able to attend events there
10:28:58 whether it's a wedding or it's a tea party, they should be
10:29:02 able to feel comfortable and safe when they are there.
10:29:05 And whether it's a perceived or a real comfort protection.
10:29:13 You know, if somebody wants to blow up a building, it's not
10:29:17 going to matter whether that fence is wrought iron or
10:29:22 aluminum or concrete.
10:29:26 They are going to blow up that building.
10:29:28 So it is in some ways, yes, it's a deterrent, yes, it slows
10:29:34 people down, yes, all of the security -- the security expert
10:29:40 that was here during the testimony, this is when we first
10:29:43 heard this application, all of those measures matter
10:29:49 anti-and count.
10:29:50 But it's really the personal safety the public feels when
10:29:53 they are there.
10:29:54 And it's an inconvenience just like it is that you have to
10:29:58 take your shoes off, your belt off, your keys out of you're
10:30:02 pocket and everything else when you go through the airport.
10:30:04 It's an inconvenience.
10:30:08 To some of us.
10:30:09 But, you know, someone who is usually a defender of historic
10:30:13 preservation in this case, I think it's a small price to pay
10:30:16 for folks to feel safe when they are at this community
10:30:22 center.
10:30:22 Whether they are Jewish or secular Christian or anyone else,
10:30:26 because it is open to anybody.
10:30:27 It's not just a Jewish facility.
10:30:30 And I'll continue to support it.
10:30:33 >>MIKE SUAREZ: Thank you.
10:30:34 Is there anyone else in the public that would like to speak
10:30:36 at this time?
10:30:37 We have already had some public comment.
10:30:38 Is there anyone else on item number 81?
10:30:41 Please come forward.
10:30:42 I see no one.
10:30:43 >>CHARLIE MIRANDA: Move to close.
10:30:44 >>MIKE SUAREZ: I have a motion to close -- excuse me, sir?
10:30:48 I apologize.
10:30:50 Do you want any rebuttal, sir?
10:30:53 >> No, we'll waive our rebuttal.
10:30:55 >>MIKE SUAREZ: Thank you.
10:30:57 We have a motion to close from Mr. Miranda, a second from
10:31:00 Mr. Maniscalco.
10:31:01 All in favor of that motion?
10:31:03 Any opposed?
10:31:04 Mr. Cohen, will you kindly take item number 82.
10:31:10 >> I move an ordinance being presented for second reading
10:31:12 and adoption, an ordinance rezoning property in the general
10:31:15 vicinity of 522 North Howard Avenue in the city of Tampa,
10:31:19 Florida, more particularly described in section 1 from
10:31:22 zoning district classification PD planned development,
10:31:26 daycare, preschool, recreational facility, commercial,
10:31:29 private, and place of assembly, to PD, planned development,
10:31:33 daycare, preschool, recreational facility, commercial,
10:31:36 private, place of assembly, and public cultural facility,
10:31:40 providing an effective date.
10:31:40 >>MIKE SUAREZ: I have a motion by Mr. Cohen, a second from
10:31:45 Mrs. Montelione.
10:31:46 Please record your vote.
10:31:50 >>THE CLERK: Motion carried with Miranda, Reddick, Capin
10:32:04 voting no.
10:32:05 >> Thank you.
10:32:05 Item number 82.
10:32:10 Staff.
10:32:14 Okay, petitioner.
10:32:15 >>JOHN GRANDOFF: My address is suite 3700 Bank of America
10:32:21 Plaza.
10:32:23 On behalf of ABC Capital.
10:32:25 And we are requesting second reading this morning.
10:32:31 >>MIKE SUAREZ: Any questions by council?
10:32:37 Is there anyone in the public that would like to speak on
10:32:40 item number 82?
10:32:41 82 at this time?
10:32:42 >>CHARLIE MIRANDA: Move to close.
10:32:44 >>MIKE SUAREZ: Motion to close by Mr. Miranda.
10:32:46 Second by Mr. Reddick.
10:32:47 All in favor of that motion?
10:32:50 Any opposed?
10:32:51 Yes, sir.
10:32:51 >>HARRY COHEN: I'm abstaining because my father is a
10:32:58 petitioner.
10:33:00 I'm filing a form.
10:33:01 >>MIKE SUAREZ: [Off microphone.] Mrs. Montelione, will you
10:33:07 kindly take number 82?
10:33:09 >>LISA MONTELIONE: Certainly, sir.
10:33:12 Let me turn the page.
10:33:15 I move an ordinance being presented for second reading and
10:33:17 adoption, an ordinance rezoning property in the general
10:33:20 vicinity of 5011, 5013, 5015, 5017, 5019 and 5021 South
10:33:27 MacDill Avenue in the city of Tampa, Florida and more
10:33:29 particularly described in section 1 from zoning district
10:33:31 classification CG commercial general to PD planned
10:33:34 development residential single-family attached, providing an
10:33:36 effective date.
10:33:37 >> Second.
10:33:38 >>MIKE SUAREZ: I have a motion by Mrs. Montelione, a second
10:33:40 from Mr. Miranda.
10:33:41 Please record your votes.
10:33:42 >>THE CLERK: [Off microphone.] motion carried with Cohen
10:34:06 abstaining and Maniscalco --
10:34:13 >>MIKE SUAREZ: 83.
10:34:14 Staff, petitioner?
10:34:18 Do a pony and dance while somebody -- okay?
10:34:22 >>STEVE MICHELINI: I have enjoyed the company this morning.
10:34:35 However, this is my item.
10:34:37 (Laughter).
10:34:39 >> State your name.
10:34:43 >>STEVE MICHELINI: Rezoning petition requesting Euclidean
10:34:46 rezoning on 4503 northwest A street.
10:34:51 >>MIKE SUAREZ: Thank you, sir.
10:34:53 Is there anyone in the public that would like to speak on
10:34:56 number 83?
10:34:57 83 at this time?
10:34:58 I see no one.
10:35:00 I have a motion to close by Mr. Miranda.
10:35:01 I have a second by Mr. Cohen.
10:35:03 All in favor of that motion?
10:35:05 Any opposed?
10:35:07 Mr. Miranda, will you kindly take item number 83?
10:35:10 >> Move file REZ 16-55, an ordinance presented for second
10:35:15 reading and adoption, an ordinance rezoning property in the
10:35:19 general vicinity of 4503 west North "A" street in the city
10:35:22 of Tampa, Florida and more particularly described in section
10:35:25 1 from zoning district classifications RS-50 residential
10:35:28 single-family to RM-18 residential multifamily providing an
10:35:31 effective date.
10:35:31 >>MIKE SUAREZ: Second by Mr. Cohen.
10:35:34 Please record your vote.
10:35:35 >>THE CLERK: Motion carried with Reddick and Maniscalco
10:35:50 being absent at vote.
10:35:51 >>MIKE SUAREZ: Thank you.
10:35:52 Item number 84.
10:35:53 >>STEVE MICHELINI: I'm also representing petitioner in this
10:36:02 one.
10:36:04 >>MIKE SUAREZ: We still need to know who you are.
10:36:06 >>STEVE MICHELINI: Steve Michelini.
10:36:08 >>MIKE SUAREZ: Thank you.
10:36:09 Any questions by council of the petitioner?
10:36:11 Is there anyone in the automobiles that would like to speak
10:36:14 on number 84, 84 at this time?
10:36:16 I see no one.
10:36:18 I have a motion to close from Mr. Miranda.
10:36:20 Second by Mr. Cohen.
10:36:21 All in favor of that motion?
10:36:23 Any opposed?
10:36:24 Thank you.
10:36:25 Mrs. Capin, will you kindly take item number 84?
10:36:28 >>YVONNE CAPIN: An ordinance rezoning property in the
10:36:34 general vicinity of 3911 West Cleveland Street in the city
10:36:37 of Tampa, Florida and more particularly described in section
10:36:39 1 from zoning district classifications RS-60 residential
10:36:43 single-family to RS-50, residential single-family, providing
10:36:46 an effective date.
10:36:46 >>CHARLIE MIRANDA: Second.
10:36:49 >>MIKE SUAREZ: Motion by Mrs. Capin, a second from Mr.
10:36:51 Miranda.
10:36:52 Please record your vote.
10:36:53 >>THE CLERK: Motion carried with Reddick and Maniscalco
10:37:02 being absent at vote.
10:37:04 >>MIKE SUAREZ: Thank you.
10:37:06 Number 85.
10:37:08 Is petitioner here on item number 85?
10:37:15 8440 North Florida Avenue.
10:37:18 Yes, ma'am, please come forward.
10:37:19 >> Diana casenna, for change from RS 20 to commercial CI.
10:37:36 I have worked very hard to get it into compliance and to be
10:37:39 able to have enough distance without having any issues with
10:37:43 the city or with the state or with anyone.
10:37:45 So I ask for your approval.
10:37:49 >>MIKE SUAREZ: Thank you, ma'am.
10:37:51 Is there anyone in the public that would like to speak on
10:37:53 number 85, 85, REZ 16-57?
10:37:58 I have a motion to close from Mr. Miranda.
10:38:02 A second from Mr. Cohen.
10:38:03 All in favor of that motion?
10:38:06 Any opposed?
10:38:07 Mr. Cohen, will you kindly take number 85.
10:38:09 >>HARRY COHEN: I move an ordinance being presented for
10:38:13 second reading and adoption, an ordinance rezoning property
10:38:16 in the general vicinity of 8440 North Florida Avenue in the
10:38:20 city of Tampa, Florida and more particularly described in
10:38:23 section 1 from zoning district classifications RS-50
10:38:27 residential single-family and CI commercial intensive to CI
10:38:31 commercial intensive, providing an effective date.
10:38:32 >>MIKE SUAREZ: I have a motion by Mr. Cohen, a second from
10:38:37 Mr. Miranda.
10:38:37 Please record your vote.
10:38:38 >>THE CLERK: Motion carried with Reddick and Maniscalco
10:39:02 absent.
10:39:03 >>MIKE SUAREZ: Number 86.
10:39:07 >>DAVID MECHANIK: 305 South Boulevard.
10:39:10 I'm here on behalf of the applicant.
10:39:13 We request your support of the ordinance for second reading
10:39:17 and would be happy to answer any questions.
10:39:20 >>MIKE SUAREZ: Thank you, sir.
10:39:22 Is there anyone in the public that would like to speak on
10:39:24 number 86, REZ 16-59?
10:39:27 >>CHARLIE MIRANDA: Move to close.
10:39:28 >> Motion to close by Mr. Miranda.
10:39:31 Second by Mr. Maniscalco.
10:39:33 All in favor of that motion?
10:39:34 Any opposed?
10:39:36 Okay, 86.
10:39:37 Mr. Maniscalco, will you please take that?
10:39:42 >>GUIDO MANISCALCO: I have an ordinance being presented for
10:39:43 second reading and adoption, an ordinance rezoning property
10:39:46 in the general vicinity of 800 south Harbor Island Boulevard
10:39:50 in the city of Tampa, Florida and more particularly
10:39:52 described in section 1 from zoning district classifications
10:39:54 PD planned development, bank, to PD planned development,
10:39:57 bank and office, business professional, providing an
10:40:02 effective date.
10:40:02 >>MIKE SUAREZ: Motion by Mr. Maniscalco.
10:40:05 Do I have a second?
10:40:06 I have a second from Mrs. Capin.
10:40:08 Please record your vote.
10:40:09 >>THE CLERK: Motion carried unanimously.
10:40:19 >>MIKE SUAREZ: Thank you.
10:40:23 Item number 87.
10:40:24 >> Michael Horner, North Dale Mabry highway, the
10:40:32 representing the applicant.
10:40:34 This is for second reading.
10:40:36 Happy to answer any questions.
10:40:37 >>MIKE SUAREZ: Is any questions from council?
10:40:40 Is there anyone in the public to speak on number 87, REZ
10:40:44 16-52?
10:40:45 I see no one.
10:40:46 Motion to close by Mr. Miranda, second by Mr. Maniscalco.
10:40:50 All in favor of that motion?
10:40:51 Any opposed?
10:40:53 Mrs. Montelione, will you kindly take number 87?
10:40:56 >>LISA MONTELIONE: I move an ordinance being presented for
10:40:59 second reading and adoption, an ordinance rezoning property
10:41:02 in the general vicinity of 808, 810, A/B, and 812 North
10:41:07 Howard Avenue, 801 and 811 North Armenia Avenue, 2310 west
10:41:13 state street and 2315 West Lemon Street in the city of
10:41:17 Tampa, Florida and more particularly described in section 1
10:41:19 from zoning district classifications CI commercial intensive
10:41:23 to PD planned development, residential, multifamily,
10:41:26 providing an effective date.
10:41:26 >>MIKE SUAREZ: Second by Mr. Maniscalco.
10:41:28 Please record your vote.
10:41:38 >>THE CLERK: Motion carried unanimously.
10:41:39 >>MIKE SUAREZ: Item number 88.
10:41:43 88.
10:41:44 >>Michael Horner: 14502 north Dale Mabry Highway
10:41:49 representing applicant.
10:41:50 This is the developer agreement.
10:41:52 Be happy to answer any questions.
10:41:53 >>MIKE SUAREZ: Is there anyone in the public that would
10:41:56 like to speak on item number 88 with, I is E-2016-8-chapter
10:42:01 27?
10:42:01 I see no one.
10:42:04 Do I have a motion to close?
10:42:05 I have a motion from Mr. Miranda, a second from Mr. Cohen.
10:42:09 All in favor of that motion?
10:42:11 Any opposed?
10:42:12 And this is a resolution.
10:42:14 If we could have Mrs. Montelione just move that resolution.
10:42:17 >>LISA MONTELIONE: Move the resolution, sir.
10:42:20 >>MIKE SUAREZ: We have a motion from Mrs. Montelione, a
10:42:24 second from Mr. Maniscalco
10:42:30 Voice vote.
10:42:31 All in favor?
10:42:33 Any opposed?
10:42:33 Thank you.
10:42:35 Item number 89.
10:42:44 >>ABBYE FEELEY: Land Development Coordination.
10:42:45 Item number 89 on your agenda this morning is REZ 16-60,
10:42:52 1300 south Dale Mabry.
10:42:54 This is the proposed new Starbuck's.
10:42:58 At the last hearing on September 22nd, it was presented to
10:43:02 you that night, there was one issue related to solid waste,
10:43:05 and the maneuvering of the truck.
10:43:08 We had proposed two notes that evening, and subsequent to
10:43:12 that evening, the applicant had a meeting with solid waste.
10:43:16 Solid waste did not agree with those notes, and they
10:43:19 proposed a note of their own.
10:43:21 I have that note to be added to the plan.
10:43:25 So what I would ask for you to do this morning is if it's
10:43:29 the pleasure of council to approve that, put it back on
10:43:31 first reading, with a motion including the note that I am
10:43:34 about to read to you so that the site plan could be revised
10:43:38 one more time with that note related to the solid waste.
10:43:42 The applicant has gone ahead, made that modification and
10:43:46 provided that plan.
10:43:47 But given the motion on the table was something different
10:43:51 than that from 9-22 I would need you to go back on first
10:43:54 reading this morning, make that motion.
10:43:56 The note would be that solid waste collection shall be
10:43:59 assigned to the service attendant route with the use of a
10:44:05 compacter, and this will ensure that it will go on a prime
10:44:09 route and will not be -- that being said, that would be the
10:44:14 modification for this morning.
10:44:16 It would go back on first reading with the addition of that
10:44:18 notation.
10:44:19 If you would so kindly.
10:44:21 And the applicant is here as well.
10:44:22 >>MIKE SUAREZ: Thank you.
10:44:23 Petitioner?
10:44:28 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
10:44:30 Boulevard.
10:44:31 And ordinarily, no situation like this, we wouldn't make any
10:44:35 kind of presentation.
10:44:36 However, this morning I see one of our adjacent property
10:44:42 owners and neighbor who spoke in opposition at the very
10:44:45 first hearing is here.
10:44:46 So I just, if you don't mind, would like to just highlight
10:44:49 some of the changes that we made in the site plan to
10:44:53 potentially address some of the comments.
10:44:57 I want to remind council, I know you were not here at the
10:45:03 last hearing, but I want to remind council members that we
10:45:05 did revise the plan.
10:45:07 Actually, this is now referred to as option 3, and actually
10:45:10 option 4 with the additional language that we have added.
10:45:13 And we do have extensive buffering along the rear of the
10:45:18 site.
10:45:19 In fact what I have shown here in green is the green space
10:45:22 area.
10:45:23 The neighbor who is here this morning owns right here.
10:45:26 But we have -- keep in mind we have met code in all
10:45:30 respects.
10:45:31 We meet the special use standards with the 50-foot setbacks
10:45:36 for the queue Lane.
10:45:37 The queue Lane is now 60 feet away.
10:45:39 We saved that grand tree.
10:45:41 And we have also agreed to hide the dumpster to add
10:45:46 extensive bamboo to screen from some of the neighbors.
10:45:48 So not only have we met code but we have exceeded the code.
10:45:52 Our queue space is the two queue line is more than twice
10:45:58 what the city code requires.
10:45:59 We have that much queuing on-site.
10:46:03 The window, or the box where you odd, is 130 feet away, and
10:46:11 the pickup window is 230 feet away from the rear property
10:46:15 line.
10:46:18 That exceeds code.
10:46:19 Code only requires 50-foot.
10:46:22 130 and 230.
10:46:25 Again, the existing conditions out there are not the best,
10:46:32 and we think this proposal will be a substantial
10:46:35 improvement.
10:46:36 This is the back of the site.
10:46:38 This is this area right back here.
10:46:41 Right now, what you have is this wall along the Palma Ceia
10:46:45 court subdivision.
10:46:46 That's right now where employees from Lykes park adjacent to
10:46:53 the wall.
10:46:54 This is immediately adjacent to Mr. Sheridan's property.
10:46:57 Here is more examples of the working -- parking.
10:47:01 Employees arrive at approximately 5 a.m.
10:47:03 This is actually the cars that park there.
10:47:06 It shows that it will be -- currently it's directly adjacent
10:47:10 to Mr. Sheridan's property.
10:47:13 In the future, the parking will be substantially further
10:47:17 away from where it is right now.
10:47:23 Also, as far as the trash pickup, the trash pickup right now
10:47:27 occurs with it.
10:47:29 Solid waste trucks come in the back of this site and access
10:47:32 the dumpsters, which are unbuffered at this stage.
10:47:36 Again, in the future, they will be buffered.
10:47:39 Here is a picture of a second dumpster.
10:47:43 No buffering at all.
10:47:44 They come along the back of the site along Palma Ceia court
10:47:47 and pick up the dumpsters.
10:47:50 In the future they will come in off of Dale Mabry, come here
10:47:53 further away from the site back out and then back out Dale
10:47:56 Mabry.
10:47:56 So you won't have been that traffic along that back wall
10:47:59 coming to the rear of this site.
10:48:04 The other issue dealing with the hours of operation, I will
10:48:07 just address this very quickly, as you know, we went back to
10:48:11 Starbuck's several times.
10:48:13 In fact they made the comment that every time we came back,
10:48:15 the plan plans worked as far as they were concerned but we
10:48:20 think we are now at a point where we have a really good plan
10:48:22 in the fact that it meets all the code requirements and
10:48:25 exceeds them, and also that none of the staff is objecting,
10:48:29 not even the Planning Commission is objecting now.
10:48:32 However, on the operating hours, we went back to Starbuck's
10:48:34 again to ask them whether or not they would agree to further
10:48:37 restrictions, and they will not.
10:48:40 Hours of operation is not a code requirement.
10:48:43 We think we have adequate buffering.
10:48:47 And if we have to propose hours of operation we are going to
10:48:53 lose Starbuck's at this location.
10:48:55 I also want to point out the property right now is currently
10:48:58 zoned CG.
10:49:01 Thereof could be CG uses on that site right now including 24
10:49:05 hour restaurant like a Waffle House or IHOP.
10:49:09 You could also have a small hotel or motel there.
10:49:12 You could have a vet office.
10:49:14 You can have a small kennel.
10:49:15 You can have a pharmacy.
10:49:16 You can have a gas station just by right.
10:49:19 So we think that this site plan, this PD, with all of these
10:49:23 conditions and all of the conditional buffering, provides
10:49:28 the neighbor, actually, more certainty and more protection
10:49:33 than what would exist if we left the current zoning intact.
10:49:37 And then the other thing I want to mention, too -- and the
10:49:41 Sheridans have a beautiful home, but I do want to point out
10:49:45 that they are located immediately adjacent to CG property,
10:49:49 and 300 feet from Dale Mabry highway.
10:49:52 They bought their home in 1989, and actually in 1989, there
10:49:58 was a checker's drive-through that existed almost in the
10:50:06 exact location of the subject site.
10:50:11 This area was actually taken in 1994.
10:50:14 And I am starting to sound like Mr. Miranda when I say I
10:50:18 remember when there was a checker's drive through, but I do
10:50:21 remember when there was a checker's drive-thru.
10:50:24 This is Palma Ceia court, the checker's drive-thru
10:50:28 previously existed.
10:50:29 So my point now, this is the Sheridan's home and Palma Ceia
10:50:34 court is a beautiful subdivision, beautiful homes, but it is
10:50:37 immediately adjacent to CG property at 300 feet from Dale
10:50:41 Mabry highway.
10:50:42 We are doing the best we can with be this plan to whichever
10:50:44 buffer it, protect them from any potential impact from this
10:50:47 development, and we think that this third option that we
10:50:51 have definitely provided that, even more so than what the
10:50:54 current zoning would provide.
10:50:56 So with that, I will let petitioner speak and reserve time
10:51:03 for rebuttal.
10:51:04 >>MIKE SUAREZ: Thank you.
10:51:05 At this time is public comment.
10:51:06 Is there anybody in the public that wants to speak on this
10:51:10 item at this time?
10:51:11 Sir.
10:51:12 >> Good morning.
10:51:20 My name is Tom Sheridan, Palma Ceia court, South Tampa.
10:51:26 I am not going to go tit for tat with the attorney
10:51:29 representing petitioner.
10:51:30 You can take certain facts and look at them different ways.
10:51:33 But when I speak today, I just want to mention I am speaking
10:51:36 for the south view Civic Association, Palma Ceia homeowners
10:51:40 association, as well as the petitioners that have signed the
10:51:43 petition questioning the hours for the Starbuck's.
10:51:49 Now, I understand -- I didn't make the last meeting that you
10:51:54 had -- that they did approve plan number 3, which we are
10:51:57 pleased with.
10:51:59 And I'm happy to have see that both Starbuck's and the
10:52:03 council agreed with our position at that time.
10:52:08 However, what I am not sure about, and what I am looking
10:52:12 forward to confirmation, is certain verbal commitments were
10:52:19 made here at the first meeting back at the end of September
10:52:26 there, and where they were talking about adding additional
10:52:30 shrubbery on both sides of the wall, and bamboo on their
10:52:37 side, some lady palms on our side of the wall, and Mary
10:52:46 Samaniego, they couldn't remember if that was there or not.
10:52:50 But did remember the commitments being made at the time.
10:52:54 In addition, they also committed to using low lighting as
10:52:58 opposed to the high lights.
10:52:59 And she was not sure, but there's no record of that being
10:53:05 there.
10:53:06 So I am looking right now, if those commitments are being
10:53:09 met, we are happy, making the best of what we have.
10:53:17 We still do have a concern about the hours of the
10:53:20 drive-thru, not the restaurant but the drive-thru, and the
10:53:24 location of the dumpster site.
10:53:26 When I look at the plan, there really isn't much where else
10:53:31 they can really put that dumpster.
10:53:32 So I concede that point.
10:53:34 But I would like some confirmation on the verbal commitments
10:53:37 made at the meeting about the plantings on both sides, as
10:53:42 well as on the low lights.
10:53:47 Now, there are some -- if we are trying to be good
10:53:52 neighbors, it does matter to us in the area.
10:53:55 >>MIKE SUAREZ: Thank you, Mr. Sheridan.
10:53:58 Mrs. Feeley, do you want to answer those questions quickly?
10:54:04 And then I will go to Mrs. Capin.
10:54:06 >>YVONNE CAPIN: I wanted to verify the lighting.
10:54:11 >>ABBYE FEELEY: Land Development Coordination.
10:54:16 As I said, they have revised the plans, and the we could not
10:54:21 certify them technically because the motion on the table did
10:54:25 not address the modifications, weren't certifiable, so to
10:54:30 speak, but let me show you the plans that I do have.
10:54:34 As you will see here, note number 2 says adequate lighting
10:54:37 shall be installed on-site and shall be directed away from
10:54:40 residential uses and shall be nonfill and no-glare lighting.
10:54:46 That note would take care of that.
10:54:47 >>YVONNE CAPIN: [Off microphone.] isn't that a requirement?
10:54:52 >> Yes.
10:54:53 >>YVONNE CAPIN: I want to make sure that's a requirement,
10:54:56 something that they are giving up, a requirement.
10:55:01 >>ABBYE FEELEY: Our code on all commercial properties
10:55:05 require that you do not fill on any adjacent residential.
10:55:09 The second item is the landscaping on the backside.
10:55:21 Here.
10:55:21 >>MIKE SUAREZ: You are going to have to shrink down your
10:55:25 plans when you come with certified copies.
10:55:27 That might be a good idea.
10:55:28 >> But what happens is when I put it on its going to be
10:55:37 small when I show you.
10:55:39 For this back area here, you will see this 14, and then when
10:55:46 you switch, the thing, the legend, sorry, "the thing," they
10:55:53 are going to plant 15 -- 14, sorry, that SP number, and then
10:55:59 the 5 BN was the bamboo.
10:56:04 This landscape sheet is part of the plan that they are
10:56:07 proposing to bring back in between first and second reading.
10:56:12 And like I said, could not accept it technically given where
10:56:18 you are in the process.
10:56:19 But both those items have been submitted to on the site
10:56:23 plan.
10:56:23 Any further questions?
10:56:24 >>MIKE SUAREZ: Any other questions from council?
10:56:26 To be clear, this is back to first reading.
10:56:28 Terrific.
10:56:29 Okay.
10:56:31 Mrs. Grimes?
10:56:32 Before you go, let me ask if there's anyone else in the
10:56:35 public who would like to speak on this item number 89.
10:56:39 89.
10:56:39 Mrs. Grimes.
10:56:44 >>GINA GRIMES: I have nothing further to add.
10:56:46 >>MIKE SUAREZ: So you are still stipulating that that is
10:56:50 correct?
10:56:52 >>GINA GRIMES: Yes.
10:56:52 >>MIKE SUAREZ: Perfect.
10:56:53 Thank you.
10:56:53 >> Move to close.
10:56:55 >>MIKE SUAREZ: Motion to close about from Mr. Cohen.
10:56:58 Second from Mr. Maniscalco.
10:56:59 All in favor of that motion?
10:57:01 Any opposed?
10:57:03 Mr. Maniscalco, will you kindly take number 89?
10:57:07 >>GUIDO MANISCALCO: I have an ordinance being presented for
10:57:09 first reading and adoption.
10:57:11 Correct?
10:57:12 >>MIKE SUAREZ: Correct.
10:57:13 >> An ordinance rezoning property in the general vicinity of
10:57:16 1300 South Dale Mabry Highway in the city of Tampa, Florida
10:57:19 and more particularly described in section 1 from zoning
10:57:21 district classifications CG commercial general to PD planned
10:57:24 development, restaurant with drive-in window, providing an
10:57:27 effective date.
10:57:27 >> Second.
10:57:29 >>MIKE SUAREZ: I have a motion from Mr. Maniscalco.
10:57:31 I have a second from Mr. Cohen.
10:57:33 All in favor of that motion please indicate by saying aye.
10:57:36 Any opposed?
10:57:38 Mrs. Feeley, you are not going to talk to me about this
10:57:40 particular item, are you?
10:57:41 Okay.
10:57:42 We are going to have to reopen --
10:57:44 >>ABBYE FEELEY: I just need the motion to carry that --
10:57:48 >>MIKE SUAREZ: Thank you, for the revision.
10:57:49 >>GUIDO MANISCALCO: So moved.
10:57:52 >>MIKE SUAREZ: Can we go back?
10:57:53 Mr. Maniscalco's motion, Cohen second, to include the
10:57:57 revision sheet.
10:57:58 We took the vote.
10:57:58 The vote was unanimous.
10:58:04 Am I correct on the legal side?
10:58:06 >>MARTIN SHELBY: Yes, by unanimous consent.
10:58:08 >>MIKE SUAREZ: Thank you.
10:58:10 Thank you, Mrs. Marshall.
10:58:12 Number 90.
10:58:12 >> Can we go back to 78 of that we deferred?
10:58:24 124 if that's okay, we will.
10:58:26 Let's go back to number 78.
10:58:27 >> Kristin Mora, legal department.
10:58:35 Council, sorry about that.
10:58:36 We did submit a memorandum circulating this.
10:58:40 It made it into the clerk's office.
10:58:43 But you have before you now the correct ordinance on this,
10:58:49 and this is a first reading on the ordinance for a
10:58:52 restaurant consumption and sales on premises only.
10:58:57 >>MIKE SUAREZ: Terrific.
10:59:00 Thank you so much.
10:59:00 Any questions by council at this time on this item number 78
10:59:04 for the new first read?
10:59:06 Is there anyone in the public that would like to speak on
10:59:09 item number 78, file AB 2-16-21?
10:59:13 Anyone?
10:59:15 Petitioner, could be you go ahead and if you have anything
10:59:17 to add?
10:59:21 >> I'm not sure Gloria finished her report.
10:59:26 Todd Pressman, Palm Harbor, Florida.
10:59:29 Mr. Hart and I worked very hard the last couple of weeks.
10:59:33 As Gloria has presented to you, we radically changed what
10:59:37 was proposed previously.
10:59:39 We are currently asking for restaurant versus small venue.
10:59:44 We have removed the off-premises which was a concern of some
10:59:47 of the members.
10:59:48 And we are going to be consistent with chapter 147 on hours
10:59:51 of operation which was a concern of another member.
10:59:54 I'll let you know that we also went back to the Davis Island
10:59:58 Civic Association, and they did meet the other night and
11:00:01 they have submitted a letter to Gloria, which I have a copy
11:00:04 four, that they have reversed their opposition and are now
11:00:07 supporting the request.
11:00:09 And they do cite the change of the on premises sales.
11:00:15 I do remind you that John has operated this site, this exact
11:00:20 site for four years.
11:00:21 All he's seeking to do is expand to the unit next door for
11:00:24 the same type of operation.
11:00:26 He has a great track record, never had a problem, never had
11:00:29 a complaint, the police report is outstanding and he's been
11:00:32 in the industry for eight years.
11:00:36 The kitchen will also be expanded and will take up about one
11:00:39 third of the new space.
11:00:40 So I will put in the record that -- I will also submit again
11:00:46 the petition of 112 signatures of very close-by individuals
11:00:51 as well as other folks along Davis Island who are in
11:00:53 support, and again in summary, we obviously worked very hard
11:00:58 and ask for your support.
11:01:00 >>MIKE SUAREZ: One last time is there anyone else in the
11:01:02 public to speak on item number 78?
11:01:04 78 at this time?
11:01:05 I see no one.
11:01:07 I apologize.
11:01:08 I did not see you, ma'am.
11:01:10 Are you talking -- if you could come forward if you are
11:01:13 going to speak.
11:01:13 This is on item number 78 which deals with the Davis Island
11:01:17 location.
11:01:17 >> Correct.
11:01:18 Yes.
11:01:23 I do still --
11:01:24 >>MIKE SUAREZ: Ma'am, if you could state your name.
11:01:26 I apologize.
11:01:27 >> Sorry.
11:01:29 Lorraine Smith, I live at 215 Columbia drive.
11:01:35 80 years old today and getting a little too old to get up.
11:01:42 [ Applause ]
11:01:43 Thank you.
11:01:46 I live adjacent to this property that is in discussion.
11:01:51 And I know there's been some revision.
11:01:56 And if the staff could clarify what has been revised as far
11:02:00 as what has been drafted and what exists because I can tell
11:02:07 you now that that alleyway is very overburdened with
11:02:10 activity.
11:02:12 And I would like clarification of what is being proposed
11:02:16 right now before we go further.
11:02:20 Is that possible?
11:02:21 >>MIKE SUAREZ: Absolutely, ma'am.
11:02:23 We have Mrs. Moreda here who will answer that question for
11:02:25 you.
11:02:26 If you could stop her time, so that we can have Mrs. Moreda,
11:02:31 so if she has any questions she can ask.
11:02:34 Mrs. Moreda, please.
11:02:35 >>GLORIA MOREDA: Land development.
11:02:38 The request before you today is for a restaurant, beer,
11:02:42 wine, liquor, on premises consumption only.
11:02:46 It originally asked for small venue, and both the package
11:02:54 sales as well as the on-site consumption.
11:02:56 They have dropped that and it's really not going to be a
11:03:00 reporting restaurant.
11:03:01 Chapter 14, hours of operation.
11:03:04 They are still meeting the waivers cited in the original
11:03:08 report, including the parking waivers, the distance
11:03:12 separation from residential, and some other AB
11:03:15 establishments.
11:03:16 >>MIKE SUAREZ: Really the only difference now is that they
11:03:18 have changed it so they are not going to be able to take
11:03:21 alcoholic beverages off-site as a package, and also
11:03:27 essentially saying the same thing, only now they are going
11:03:29 to have some liquor sales.
11:03:31 >> They are going to have to actually report annually to the
11:03:37 food and alcohol.
11:03:37 >>MIKE SUAREZ: Ma'am, I don't know if that answers your
11:03:40 question.
11:03:40 >> Yes, that does help.
11:03:43 As far as the parking,
11:03:51 There's no parking really available now.
11:03:54 If you look at the staff report, I'm thinking this was fine
11:03:58 and dandy but they really missed an important part of the
11:04:01 activity in the alleyway, which is very overburdened right
11:04:05 now.
11:04:09 The Civic Association did not object this time around
11:04:14 because they were under the impression that the package
11:04:22 store issue had been settled.
11:04:24 My perspective is from a personal point of view, because I
11:04:28 am still affected by the deliveries that come very early in
11:04:32 the morning.
11:04:38 The trash people that come and others.
11:04:41 And when I go out to the drivers to ask why they are
11:04:45 disturbing the residents at 6:30 in the morning, they'll
11:04:51 tell me that that allyway is too compact and too busy to
11:04:56 come later.
11:04:58 So in effect you are really abusing the residents that are
11:05:00 along that opposite end of the alleyway.
11:05:10 Now, as several people are aware of this, and over the
11:05:13 years, you would think, well, that's deliveries.
11:05:16 But there's also the access and maintenance and repair.
11:05:20 Because the alleyway is always so busy, there, in my mind,
11:05:31 being made at all hours of the night for roof or air
11:05:34 conditioning or other equipment.
11:05:36 They do not come in the daytime because they can't come and
11:05:40 park there.
11:05:41 (Bell sounds)
11:05:42 So they come when we are supposed to be sleeping.
11:05:47 So big difference there.
11:05:48 >>MIKE SUAREZ: Ma'am, I apologize, but if you can close out
11:05:52 with one last sentence, I would appreciate it.
11:05:54 >> Yes.
11:05:56 I think that it's important not to change the designations
11:06:02 that are there for different venues.
11:06:10 If there is space, it ought to be committed to some specific
11:06:15 activity, something related to the residents.
11:06:20 This particular restaurant still is in violation of 250
11:06:25 feet, so it's really not new.
11:06:30 >>MIKE SUAREZ: Thank you so much, ma'am.
11:06:32 I appreciate it.
11:06:33 Happy birthday.
11:06:35 Is there anyone else in the public that would like to speak
11:06:38 at this time on item 78, AB-2-16-21?
11:06:43 >> My name is Lorraine Forino.
11:06:47 I live -- I am here more or less to support my friend
11:06:54 Lorraine.
11:06:55 I'm a little confused.
11:06:57 I have heard the owner of the establishment state several
11:07:00 times that he is losing business because when he has to
11:07:05 close at 1:00, all the customers go to another place or
11:07:11 places that stay open till 3.
11:07:14 I don't know of any other place that stays open till 3.
11:07:17 My daughter is a college student, and she was working over
11:07:20 the summer at the Mexican restaurant which is just a few
11:07:25 doors down from the pizza place, and she said that they
11:07:28 close at 12:00.
11:07:30 The pub that used to be across the street, she said, stayed
11:07:35 open till 3, and a lot of people did go there, but when the
11:07:38 pub moved downtown, it was replaced by an Italian restaurant
11:07:44 which closes early.
11:07:46 And fountain square which is a sports bar, I think -- he
11:07:56 says it's open till 3, but Mrs. Smith said they close at 1.
11:08:02 So I am just a little confused.
11:08:04 I'm thinking maybe if he's allowed to stay open till 3, I
11:08:08 don't know of anybody else that's allowed to stay open till
11:08:12 3 except the 7-Eleven which stays open 24 hours.
11:08:16 So I think the residents that live around there have a right
11:08:19 to peace and quiet and privacy.
11:08:23 And I'm very concerned about what's happening in the city
11:08:27 with this commercial interests are taking precedence over
11:08:30 the residents.
11:08:31 And I know a neighbor that lives around the corner, her
11:08:37 mother had to go to an assistive living because she and her
11:08:40 husband are fixing up the mother's house so they can move
11:08:43 in.
11:08:43 They live in the area, a patio bar, and that bar was rezoned
11:08:49 for loud music --
11:08:53 >>MIKE SUAREZ: Ma'am, I hate to interrupt you, but can you
11:08:56 stick to this issue?
11:08:57 >> My issue is this.
11:08:59 City Council is favoring commercial over residence.
11:09:03 That whole neighborhood has been really --
11:09:05 >>MIKE SUAREZ: The specifics that you have, your complaints
11:09:07 about this particular case.
11:09:08 Because this is a quasi-judicial.
11:09:09 It's not just before you making comments about other issues
11:09:12 across the city.
11:09:14 On this particular one, your issues.
11:09:15 >> My issue is I don't know of any place on Davis Islands
11:09:21 that's open till three and I think he's just wanting to stay
11:09:26 open till three, and businesses that I don't know of any
11:09:30 other businesses that stay open till 3.
11:09:33 I don't think that's a valid argument.
11:09:35 >>MIKE SUAREZ: Thank you, ma'am.
11:09:37 Anyone else in the public like to speak on item number 78?
11:09:41 78?
11:09:43 Mr. Pressman?
11:09:45 Rebuttal.
11:09:45 >> Mr. Chairman and board members -- happy birthday, Mrs.
11:09:50 Smith.
11:09:51 Come by and we'll buy you a drink.
11:09:53 (Laughter)
11:09:55 As nice as these places are, some of the facts are wrong.
11:10:00 The other establishments on Davis Island are open till 3
11:10:02 a.m.
11:10:03 We just checked the websites.
11:10:05 And all that we are seeking to do in chapter 14 are the same
11:10:08 hours as anyone else in the city who are willing to live by
11:10:11 that, we are willing to restrict ourselves by that.
11:10:13 We changed our application.
11:10:15 And with great respect to Mrs. Smith who I'm sure has a
11:10:18 beautiful home, her home is not located adjacent to the
11:10:21 site.
11:10:21 She's located across the alleyway and down the street.
11:10:25 So she's not directly impacted according to the big map,
11:10:30 that's where her home is at.
11:10:32 But you heard the issues that they brought up are general in
11:10:34 nature in terms of alcohol services throughout the city.
11:10:38 And amplified music which John does not do.
11:10:42 He has no access to the rear.
11:10:43 There's no customer access of any kind.
11:10:46 It's strictly rarely used for a couple of the staff members,
11:10:51 and his deliveries are all after 10 a.m. in the morning.
11:10:54 So there's no impact of that nature.
11:10:56 All the activity is towards the front of Davis Island
11:11:00 Boulevard.
11:11:00 So what you are doing is expanding it to an existing unit.
11:11:04 I don't want an impression that something is new is created.
11:11:08 This is an existing parking lot that the parking is
11:11:10 accessible to the city.
11:11:11 There's been no reports from the city, that parking is an
11:11:15 issue.
11:11:16 And quite frankly most of John's customers live in the area
11:11:19 and just walk over to the location.
11:11:21 So I will remind you that you have over 100 signatures in
11:11:24 support, the support of the Davis Island association.
11:11:28 John has a tremendous record of these establishments and we
11:11:32 appreciate your support or your consideration and your
11:11:35 hopeful support.
11:11:36 Thank you.
11:11:36 >>MIKE SUAREZ: Thank you.
11:11:37 Okay, any other questions by council?
11:11:39 Anything else?
11:11:40 All right.
11:11:41 I do hear a motion to close?
11:11:43 We have a motion from Mrs. Capin.
11:11:45 We have a second from Mr. Maniscalco.
11:11:46 All in favor of that motion?
11:11:49 Any opposed?
11:11:50 Mr. Cohen, will you kindly take number 78?
11:11:54 First reading.
11:11:55 >>HARRY COHEN: Thank you very much.
11:11:57 I move an ordinance being presented for first reading and
11:12:00 adoption, an ordinance approving a special use permit S-2
11:12:05 for alcoholic beverage sales, restaurant, consumption on
11:12:09 premises only and making lawful the sale of beer wine and
11:12:12 liquor at or from that lot, plot or tract of land located at
11:12:16 233 and 235 East Davis Boulevard, Tampa, Florida, as more
11:12:21 particularly described in section 27, that all ordinances or
11:12:24 parts of ordinances in conflict are repealed, providing an
11:12:27 effective date.
11:12:27 >>MIKE SUAREZ: I have a motion by Mr. Cohen.
11:12:31 I have a second from Mr. Maniscalco.
11:12:33 All in favor of that motion?
11:12:35 Any opposed?
11:12:36 >>THE CLERK: The second reading and adoption will be held
11:12:42 October 20th, 2016 at 9:30 a.m.
11:12:45 >>MIKE SUAREZ: Thank you.
11:12:47 Item number 90.
11:12:49 Staff.
11:12:49 >>ABBYE FEELEY: Land Development Coordination.
11:12:57 Item number 90 on your agenda this morning is REZ
11:13:01 15 ---16-54 located at 5320, 5321, 5322 Interbay and 5118
11:13:10 south Nichol street.
11:13:11 I did send you a memorandum yesterday afternoon confirming
11:13:14 this case.
11:13:17 In an effort to certify the site plans, there were
11:13:20 modifications that were discovered that were outside of the
11:13:23 motion of council.
11:13:25 So I did provide a new revision sheet to you, and I do have
11:13:31 copies of that as well.
11:13:35 The revision sheet was the same as presented to you on the
11:13:38 night of September 22nd with a few exceptions, and that
11:13:43 related to figures on the parking table and figures on the
11:13:49 development summary.
11:13:51 So I do have copies of those.
11:13:54 Again, as I indicated to you on a case previous this
11:13:57 morning, I would request that this go back to first reading
11:14:01 with those modifications.
11:14:03 One thing you may remember is the night of that hearing,
11:14:06 there was a request for tree removal.
11:14:08 That request -- requested that evening to be taken off and
11:14:14 the porte-cochere area as proposed to be redesigned, some of
11:14:17 the figures related to the square footages were related to
11:14:21 that modification, and saving that tree.
11:14:25 And what resulted, as I put in my report that day as well,
11:14:29 about parking being removed when that was designed and that
11:14:34 improvement was made, and the site plans needing to show
11:14:38 that parking being removed.
11:14:39 So I do want to provide those.
11:14:41 There was another issue based that evening related to
11:14:44 traffic analysis, why and I do have a memorandum from
11:14:49 Melanie Calloway related to that and what was done in order
11:14:53 to make that determination as to whether or not the analysis
11:14:57 would be required, and it was not.
11:14:59 So I would like to provide those documents for the record.
11:15:02 I am available for any questions.
11:15:03 >>MIKE SUAREZ: Mrs. Feeley, before we go forward, is there
11:15:07 a substitute motion that we are going to have to make
11:15:09 concerning this particular ordinance because of the changes
11:15:11 that you just mentioned?
11:15:12 >>ABBYE FEELEY: I do not believe so.
11:15:15 I believe you would put it back on first reading.
11:15:18 And you would motion with the revised provision sheet.
11:15:21 It's actually modified revision sheet dated as of today's
11:15:25 date.
11:15:26 Would you include that.
11:15:27 >>MIKE SUAREZ: Just wanted clarification.
11:15:29 Thank you, ma'am.
11:15:31 Petitioner?
11:15:38 >>DAVID SMITH: 401 East Jackson Street, suite 2700.
11:15:41 I have a very small supplement to the record.
11:15:47 This is a small supplement to it which will be passed out.
11:15:50 We do have a copy for the attorney and one of the opponents.
11:15:55 We do agree with the modified revision sheet.
11:15:58 We apologize for any confusion and we apologize for putting
11:16:02 them through this process.
11:16:03 It was painful enough the first time.
11:16:06 What I would like to point out in terms of the supplement
11:16:09 that you are receiving, one of the things we have done,
11:16:13 there's been some discussion that the bar was going to have
11:16:18 something like 161 people.
11:16:20 You have attached an architectural rendering showing there
11:16:23 are 53 seats.
11:16:24 Now, I guess you could crowd 161 people in there belly to
11:16:30 back, but that's not what you are going to do at that sort
11:16:32 of facility.
11:16:33 So you have in the record the evidence as to exactly what
11:16:36 the nature of that facility is and how it will be used.
11:16:39 Arguments were also proffered on the fact that we had an
11:16:43 event sponsored by members from celebration charitable
11:16:47 fund-raiser.
11:16:48 Unfortunately that member did not sufficiently clarify the
11:16:52 nature of the limitation and club activities.
11:16:55 That member has been sanctioned by virtue of that.
11:16:58 I have enclosed a copy for you.
11:17:07 My point is the club makes an effort to retain its private
11:17:10 character.
11:17:11 It is a vibrant facility.
11:17:13 It is not a commercial facility.
11:17:16 And that is also evidence in the other links of advertised
11:17:21 event there.
11:17:22 Also in that regard, I have included for your information a
11:17:26 copy of the section of the bylaws which indicates that we
11:17:28 are a member organization.
11:17:29 The membership is limited in almost every instance.
11:17:32 There's only two instances where you have unlimited members.
11:17:35 That is qualified in such a way that you really have a very
11:17:38 narrow group of folks that qualify.
11:17:40 A senior member, which has to be someone that's been a
11:17:43 member of the club for 20 years and has to be approved by
11:17:46 the board to become a senior member.
11:17:48 A specified associate member is someone who is a spouse who
11:17:51 has been divorced, or widowed, who can become an associate
11:17:54 member.
11:17:54 Otherwise it's limited.
11:17:56 Historically the club has fluctuated between 1400 and 1500
11:18:01 for the last probably decade but certainly in the last six
11:18:04 years, under 1500.
11:18:05 The high was in 2008, 1560, the current 1435.
11:18:09 The pointer is we are a limited organization.
11:18:12 This is not going to be some kind of huge fiasco.
11:18:15 It is a modest expansion to provide a little more room for
11:18:19 the members and people who work there to do what they do
11:18:24 without bumping into each other.
11:18:30 I think what we would like to do -- I have no idea where we
11:18:33 are going to go but I would rather reserve the balance of my
11:18:36 time for rebuttal.
11:18:37 And thank you very much.
11:18:38 >>MIKE SUAREZ: Thank you.
11:18:40 Before we go to the public is there anyone on council that
11:18:43 has any questions of the petitioner or staff at this time?
11:18:46 Mrs. Kert, if I could ask you a quick question.
11:18:49 Because this is being brought down to first reading, is
11:18:53 there a limitation in terms of what public comment has to
11:18:56 speak on?
11:18:57 >>REBECCA KERT: In substance this is basically the same as
11:19:02 a continued first public hearing.
11:19:05 All the evidence and testimony that was submitted at the
11:19:07 first public hearing is still part of the record.
11:19:09 According to your rules, when there's a continuance of the
11:19:13 first public meeting, you typically limit or -- you limit to
11:19:18 the subject of the continuance.
11:19:22 If it's not exactly on point but a similar situation I think
11:19:25 it would be appropriate if City Council -- to the changes
11:19:32 proposed.
11:19:32 >>MIKE SUAREZ: So the subject, it is only the changes to
11:19:34 the -- to make it a first reading again.
11:19:38 >>REBECCA KERT: Yes.
11:19:40 Unless City Council wanted to make a motion to do otherwise
11:19:42 that is consistent with what you have typically done in
11:19:45 these situations.
11:19:47 Also, for the record, I want to remind everyone that there
11:19:50 will be another full public hearing which will be completely
11:19:53 open to all topics relevant to these two applications at the
11:19:57 second reading.
11:19:57 >>MIKE SUAREZ: Terrific.
11:20:01 If I can have anyone in the public that would like to speak
11:20:03 on item number 90, REZ 16-54, please come forward at this
11:20:07 time.
11:20:08 >>GORDON SCHIFF: 1211 North Westshore Boulevard, 33607, and
11:20:08 I spoke at the first hearing.
11:20:24 I rise today because we object to this process.
11:20:29 The process has been fundamentally unfair.
11:20:32 We are witnessing a total breakdown of what is supposed to
11:20:34 be a quasi-judicial process, a fair and impartial process.
11:20:39 Instead we are witnessing bias, predisposition and
11:20:42 prejudgment.
11:20:43 We are witnessing unprecedented leniency.
11:20:47 We are witnessing the failure to even require the timely
11:20:51 sharing of application materials.
11:20:54 We were just handed a packet of materials that go beyond
11:20:56 what your attorney just said you could consider today.
11:21:00 So this is really not a process, Mr. Chair.
11:21:07 We have witnessed the decision based upon --
11:21:08 >>MIKE SUAREZ: If I could just interrupt you for just a
11:21:11 second.
11:21:11 So you are saying that your objection, your comments now are
11:21:14 about the fact that they just gave us these revisions
11:21:17 concerning it?
11:21:20 >>GORDON SCHIFF: Mr. Chair, that's included; it's much
11:21:22 broader than that.
11:21:23 >>MIKE SUAREZ: And I need before you go on -- I know you
11:21:25 are an attorney, but I want to make sure that my attorney is
11:21:28 not going to tell me that I am not putting the record
11:21:30 forward no proper way.
11:21:31 Mr. Shelby or Ms. Kert, could you answer that question?
11:21:35 He seems like he is going much broader than what we have.
11:21:37 Is it okay to allow that to continue?
11:21:39 >>REBECCA KERT: Legal department.
11:21:43 As far as Mr. Schiff making -- I think it's appropriate for
11:21:48 him to make whatever procedural reference he wants to make.
11:21:51 >>MIKE SUAREZ: Thank you, ma'am.
11:21:52 Thank you, sir.
11:21:53 Go ahead.
11:21:53 Continue.
11:21:54 >>GORDON SCHIFF: I will continue.
11:21:55 Mr. Chair, we have witnessed a decision based on
11:21:59 immateriality, irrelevancy and hearsay.
11:22:03 Now we are witnessing staff and the applicant trying to
11:22:05 paper the record as after the fact to address the numerous
11:22:09 deficiencies and shortcomings in both the application and
11:22:12 the reviews.
11:22:14 And, yes, we have witnessed a plebiscite. The problem is
11:22:19 City Council has already voted, and this process has been
11:22:22 tainted.
11:22:23 You are faced with needing to unring a bell.
11:22:30 Starting over.
11:22:31 We say you should.
11:22:33 We object.
11:22:34 And I appreciate your time.
11:22:35 >>MIKE SUAREZ: Thank you, Mr. Schiff.
11:22:38 I appreciate that.
11:22:39 Mrs. Kert.
11:22:39 >>REBECCA KERT: Legal department.
11:22:43 I am looking over the information that was provided, and it
11:22:46 is a little bit beyond the scope of the changes, rebuttal
11:22:53 from the testimony of the first reading so I think it's
11:22:56 appropriate to allow comments on that.
11:22:58 >>MIKE SUAREZ: Thank you. Is there anyone else in the
11:23:00 public that would like to speak on number 90, REZ 16-54?
11:23:06 Yes, ma'am.
11:23:06 >> My name is Ethel Hammer, address is 19025 Inter Lane,
11:23:18 Odessa.
11:23:19 I am here to talk about one issue, and that is the trees.
11:23:25 I would like to address council to address the trees which
11:23:28 are on the Rankin property immediately adjacent to the south
11:23:31 boundary of the Yacht Club property, and that is within the
11:23:36 20 feet of that your ordinance requires be shown on the site
11:23:43 plan, the PD site plan when it is submitted.
11:23:46 Those trees were not submitted, so we didn't talk about
11:23:52 those at the first reading because we didn't have accurate
11:23:55 information I have since gone out and looked at the trees
11:24:07 themselves and I would like to show you the trees that we
11:24:11 are talking about.
11:24:12 That's the property boundary, and that tree is two feet away
11:24:18 from the property boundary.
11:24:19 This tree, which is most likely another grand tree, is on
11:24:23 the property boundary as you can see.
11:24:27 This tree is 5 feet away.
11:24:31 And this tree is approximately 5 to 6 feet away.
11:24:36 I am going to enter these into the record.
11:24:40 So there are four very large oak that are of major concern
11:24:45 to the Rankin family.
11:24:48 All of which are either grand trees or very close to being
11:24:52 grand trees.
11:24:56 One of the points that I want to make is that I think there
11:24:59 is a conflict between the future viability of those trees
11:25:04 and a note that is on the site plan that draws a line to the
11:25:10 property boundary and says approximate potential location of
11:25:15 proposed fence or wall.
11:25:20 There is no way that you can construct a fence and not have
11:25:24 an impact to those very large substantial oak trees.
11:25:31 On the FDOT site plan there is a general note 4 that as it
11:25:37 read on the site plan that was submitted into the record,
11:25:43 September 22nd -- (bell sounds) -- it says that all trees
11:25:48 shown on the plan.
11:25:49 Well, the trees on the Rankin property were not shown on the
11:25:52 plan.
11:25:53 Erroneously.
11:25:55 They should have been shown on the plan within 20 feet.
11:25:59 So I am going to ask a revision that says all trees shown on
11:26:04 the plan and all trees within 20 feet of the southern
11:26:07 property boundary as your code requires.
11:26:09 (Bell sounds)
11:26:12 If I could have one more sentence.
11:26:14 >>MIKE SUAREZ: If you can close in 10 second that would be
11:26:16 great.
11:26:17 >> And to provide the 10-foot protective radius for trees
11:26:21 less opinion 36 inches and the 20-foot protective radius for
11:26:26 trees greater than 36 inches.
11:26:28 We would definitely request that you provide the protection
11:26:33 for those trees that going to be impacted by this project.
11:26:36 Thank you.
11:26:36 >>MIKE SUAREZ: Thank you, ma'am.
11:26:38 Is there anyone else in the public that would like to be
11:26:40 speak at this time on item number 90, REZ 16-54?
11:26:43 Is there anyone that would like to speak at this time?
11:26:47 That has not spoken?
11:26:48 Petitioner, rebuttal.
11:26:55 >>DAVID SMITH: With all the civility I can muster we don't
11:26:59 agree with anything you heard about the due process
11:27:00 consideration.
11:27:01 Your staff does not act in any manner of favoritism towards
11:27:05 anybody.
11:27:05 I can tell you we were put through the ringer just like
11:27:08 everybody else is put there through the ringer.
11:27:10 What you have is a first reading for a reason.
11:27:13 The fact about the trees not being shown off-site is
11:27:17 correct.
11:27:17 It was missed and it was part of the revised -- modified
11:27:22 revised sheet.
11:27:24 Bear in mind also, we have a 75-foot setback against all
11:27:28 property lines.
11:27:29 We are doing nothing within 75 feet.
11:27:31 The reason you show the trees within 20 feet of the property
11:27:35 line is to make sure you are not doing it on the property
11:27:38 that's going to disturb those trees.
11:27:40 The existing chain link fence there, by the way, the reason
11:27:43 the fence that we mate put there says potential is because
11:27:47 we are looking at the issue as to whether it would provide
11:27:49 an effective acoustic barrier for our neighbor who wants to
11:27:52 have his peace and quiet, a reasonable request, and
11:27:56 potential because we also realize we can't build a wall if
11:27:59 it violates code.
11:28:00 So if it's going to be a problem with the trees, it isn't
11:28:03 going to go up.
11:28:04 It doesn't say it's mandatory.
11:28:05 It says potential.
11:28:07 As you know, when you do things on-site, you have to do it
11:28:10 in a manner consistent with the revisions of the code.
11:28:13 And that's why you have provisions that read that way.
11:28:16 If we can't do it, we won't do it.
11:28:19 There has been a lot of -- not the right word -- argument
11:28:24 made about the process here, and Rebecca Kert got the same
11:28:30 e-mail objecting to a variety of things, they don't like the
11:28:32 way the parking has been calculated.
11:28:34 The problem is it's pursuant to code.
11:28:37 So change the code.
11:28:38 But it was pursuant to code.
11:28:40 And that's what your staff did.
11:28:42 You know, these concerns of we didn't get anymore new
11:28:45 information.
11:28:46 Because there wasn't any filed.
11:28:47 So there was a variety of issues.
11:28:48 By the way, under the Caroline case, he's really an adjacent
11:28:53 property owner.
11:28:53 The due process rights appropriate to an adjacent property
11:28:59 owner are sufficiently proscribed.
11:29:01 They are not a party.
11:29:02 The property is the property owner and agency.
11:29:06 The Caroline case is clear.
11:29:09 So I think you bent over backwards for an opportunity to be
11:29:11 heard and in addition this property owner and council will
11:29:16 have an opportunity to address all of the issues that show
11:29:18 up in the revision sheet at the full and complete second
11:29:23 hearing.
11:29:23 The process isn't even complete for their argument to be
11:29:26 made.
11:29:27 So we disagree with that analysis.
11:29:29 And we hope you understand exactly why we had to do what we
11:29:34 did with regard to the clarification.
11:29:37 But it was principally because we had to recalculate the
11:29:42 square footage and the attendant parking that goes with
11:29:45 that.
11:29:45 We are still overparked.
11:29:46 Not by a large margin.
11:29:49 But I'm sure we will be hearing about this at the second
11:29:51 hearing as well.
11:29:52 Because that is the appropriate venue to address every other
11:29:55 issue that someone feels hasn't been adequately addressed.
11:29:58 If you have any questions I will be happy to answer them.
11:30:01 >>MIKE SUAREZ: Thank you, sir.
11:30:05 Any other questions by council at this time?
11:30:07 Thank you.
11:30:08 We have asked for the public to weigh in and they have.
11:30:11 We have asked for our petitioner to do his rebuttal.
11:30:15 If I could get a motion to close.
11:30:18 I have a motion to close from Mr. Cohen.
11:30:21 I have a second from Mr. Maniscalco.
11:30:23 All in favor of that motion please indicate by saying aye.
11:30:26 Any opposed?
11:30:27 Mr. Reddick, will you kindly take this item on a first
11:30:31 reading, please?
11:30:33 >>FRANK REDDICK: Yes, sir.
11:30:36 Move ordinance being presented for first reading and
11:30:38 adoption, an ordinance -- first reading consideration, an
11:30:47 ordinance approving a special use permit for -- what are we
11:30:56 doing?
11:30:56 >>MIKE SUAREZ: 90.
11:30:57 I apologize.
11:30:58 >>FRANK REDDICK: All right.
11:31:00 Move an ordinance presented for first reading consideration,
11:31:02 an ordinance rezoning property in the general vicinity of
11:31:05 53 -- 5320, 5321, 5322 Interbay Boulevard and 5118 south
11:31:13 Nichol street in the city of Tampa, Florida and more
11:31:16 particularly described in section 1 from zoning district
11:31:19 classifications RS-60 residential single-family and RS 150
11:31:23 residential, single-family, to PD, planned development,
11:31:26 recreational facility private, providing an effective date,
11:31:30 including the revision sheet presented to us.
11:31:32 >>MIKE SUAREZ: We have a second from Mr. Maniscalco.
11:31:34 All in favor of that motion please indicate by saying aye.
11:31:36 Any opposed?
11:31:39 Thank you.
11:31:39 >>THE CLERK: Mr. Chair, second reading and adoption will be
11:31:43 held on October 20th, 2016 at 9:30 a.m.
11:31:48 >>MIKE SUAREZ: We have item number 91 which follows item
11:31:52 number 90.
11:31:53 Mrs. Moreda, if you could tell us what we are doing now on
11:31:55 item number 91.
11:31:56 >>GLORIA MOREDA: You are also putting it back to first
11:32:00 reading.
11:32:01 I have a list of the modifications.
11:32:13 Tough the comments needed to be reflected on the site plan
11:32:16 as well indicating the changes related to the parking and
11:32:18 the square footage of the building area.
11:32:23 Floor area.
11:32:24 There is before this meeting a discussion as to the
11:32:30 modification of parcel 1, legal description.
11:32:34 We do want that clearly identified on the site plan as to
11:32:38 the area.
11:32:44 As council recalls there was an rear around the riding
11:32:46 stable and then an area around the tennis court with a
11:32:50 connection between the two areas.
11:32:52 I think there was discussion with the applicant and the
11:32:58 party of concern, and they, I think, would like to express
11:33:03 concern about how that's going to be illustrated on the site
11:33:06 plan.
11:33:06 That does need to be tightened up so that can also be part
11:33:10 of the motion.
11:33:10 >>MIKE SUAREZ: Thank you.
11:33:14 Petitioner?
11:33:18 Grace Yang, Gray Robinson law firm.
11:33:21 401 East Jackson Street, suite 2700, Tampa, Florida 33602.
11:33:27 I have been sworn.
11:33:28 We have received, Ms. Moreda and staff's request for certain
11:33:33 modifications on the alcohol site plan which we plan to make
11:33:36 before the second reading on October 20th.
11:33:39 We did have some discussion concerning parcel 1, which is
11:33:43 the equestrian area and the tennis area.
11:33:47 You may recall from the September 22nd meeting that we had
11:33:50 some discussion about shrinking the alcohol area in that
11:33:54 parcel and agreeing to certain restrictions as far as hours
11:33:59 in that area.
11:34:01 We have had an opportunity for further discussion with
11:34:04 attorney Elise Batsel and representing Lykes brothers and
11:34:16 agreement on how we are going to show an 8-foot wide walkway
11:34:19 and designate that area that connects between the equestrian
11:34:23 area and the tennis court area.
11:34:25 I am available and happy to answer any further questions.
11:34:27 >>MIKE SUAREZ: Thank you.
11:34:28 Any questions from council at this time?
11:34:31 Thank you so much.
11:34:32 At this time, I would like to ask anyone in the public that
11:34:34 would like to speak on item number 91, AB 2-16-18, please
11:34:38 come forward.
11:34:39 >> For the record, Gordon Schiff, 1211 north westshore
11:34:47 Boulevard, Suite 315.
11:34:49 Mr. Chair, I would like to ask to just incorporate my same
11:34:52 comments that I made on the prior matter.
11:34:54 They were heard together last time, for some reason council
11:34:58 divided them separately this time.
11:34:59 But I would ask if you like I will repeat my statement or we
11:35:02 can just incorporate my statement into the record.
11:35:04 But I will also state for the record we haven't received
11:35:10 anything that was just discussed so apparently there are
11:35:13 documents again being discussed and we are not involved, and
11:35:15 it seems at a minimum professional courtesy but I would
11:35:18 suggest a due process violation, and I would also suggest
11:35:21 Mr. Chair, just to let you know, I represent multiple
11:35:23 clients, and I represented on the record at the last
11:35:26 hearing.
11:35:26 Thank you.
11:35:26 >>MIKE SUAREZ: Thank you.
11:35:28 Mrs. Montelione.
11:35:28 >>LISA MONTELIONE: Thank you, sir.
11:35:33 Mr. Schiff, is what we were just handed as a revision that
11:35:38 you are saying you didn't receive?
11:35:43 >>GORDON SCHIFF: Thank you, Councilman.
11:35:44 I have not seen that revision.
11:35:46 The revisions that you were handed in the prior hearing that
11:35:49 was given at 9:38 this morning.
11:35:50 I was told there was -- I'm saying --
11:35:56 >>LISA MONTELIONE: Just applying --
11:35:59 >>GORDON SCHIFF: We are not being included in anything.
11:36:01 >>LISA MONTELIONE: And the reason I ask that is because
11:36:05 from my understanding, all of these points were discussed
11:36:11 during the previous hearing, and this is just a reflection
11:36:14 of what was discussed from the previous hearing.
11:36:18 So things that were negotiated or offered by Mrs. Yang as
11:36:26 far as I distinctly remember the path and taking upsetter
11:36:31 areas, so of course the numbers are going to have to be
11:36:33 recalculated when you are reducing area, or in this case
11:36:40 it's reducing area, like the building floor area went from
11:36:43 65,093 to 46,186 so roughly 20,000 square feet was taken off
11:36:51 of that calculation.
11:36:53 To me it's not -- it's just my opinion.
11:36:58 To me -- and I am not supposed to offer opinion.
11:37:01 I see Mrs. Kert making a face.
11:37:05 In my estimation, this is just reflecting what took place in
11:37:09 the last hearing.
11:37:12 >>GORDON SCHIFF: I appreciate your comments.
11:37:13 For the record, what's in your hand, I haven't even seen.
11:37:16 It hasn't Ben provided to me even as I stand here now.
11:37:20 >>LISA MONTELIONE: Would you like to --
11:37:25 >>GORDON SCHIFF: I stand by our position as I stated.
11:37:27 And I certainly don't need to restate it.
11:37:29 I just ask that my comments be incorporated.
11:37:32 >>LISA MONTELIONE: I'm not sure.
11:37:33 It may be need to be restated because I'm not sure if we can
11:37:36 take from the previous hearing and put it into this one.
11:37:38 >> If the attorney requires me to restate it I will be glad
11:37:43 to.
11:37:43 >>MIKE SUAREZ: Please go ahead, Mr. Schiff.
11:37:45 >> You want me to restate it?
11:37:47 >>MIKE SUAREZ: Yes, sir.
11:37:48 Because off much broader objection than just the specific,
11:37:51 and so we want to make sure that you are in the record.
11:37:54 >>GORDON SCHIFF: Yes, I appreciate that, Mr. Chair.
11:37:56 For the record we object to this process.
11:37:58 This process has been fundamentally unfair.
11:38:00 We are witnessing a total breakdown of what is supposed to
11:38:03 be a quasi-judicial process and fair and impartial process.
11:38:07 Instead we are witnessing bias, predisposition, prejudgment.
11:38:11 We are witnessing unprecedented leniency.
11:38:14 We are witnessing the failure to even require the timely
11:38:18 sharing of application materials.
11:38:19 We are witnessed a decision based upon immateriality,
11:38:24 irrelevancy and hearsay.
11:38:26 Now we are witnessing staff and the applicant trying to
11:38:31 paper the record after the fact, to address numerous
11:38:33 deficiencies and shortcomings of the application and the
11:38:35 reviews, and yes, we have witnessed a plebiscite, Mr. Chair.
11:38:42 The problem is that City Council has already voted and this
11:38:44 process is tainted.
11:38:46 We are faced with needing to unring a bell, starting over,
11:38:52 and you should.
11:38:52 We object and we appreciate your time, Mr. Chair.
11:38:54 >>MIKE SUAREZ: Thank you, Mr. Schiff.
11:38:56 I appreciate it.
11:38:57 Before you go forward, this is still under public comment.
11:39:00 So you have rebuttal.
11:39:03 Anyone else?
11:39:05 Yes, sir, go ahead.
11:39:05 >> My name is John Mueller, 5420 Lykes Lane, just south of
11:39:11 the Tampa Yacht Club on the water side.
11:39:16 I haven't seen the revisions that council has just been
11:39:19 handed but I think they may deal with the west side of the
11:39:22 property as opposed to the east side of the property.
11:39:26 The east side of the property is what I am concerned about.
11:39:29 I would ask that you limit the hours of the sale of alcohol
11:39:34 outside, on the east side, that's the water side of the
11:39:37 property on weeknights and weekends.
11:39:41 We live south of the club.
11:39:43 We are privileged to hear them when they have amplified
11:39:46 sound and parties.
11:39:47 Some of them we have been privileged to participate in.
11:39:51 Some we haven't been.
11:39:52 But nevertheless, we get to hear the sound.
11:39:55 The sale of alcohol outside is related to the noise.
11:39:59 Whether it was the original proposal for 161-seat outdoor
11:40:04 bar or whether it's a 53-seat pavilion outside bar.
11:40:10 It's outside.
11:40:11 It's on the water.
11:40:11 The noise carries over the Watt water.
11:40:14 We are opposed to the late night sales of alcohol.
11:40:18 The Lykes brothers deal relates to the west side of the
11:40:21 property, not the east side, which is on the water.
11:40:26 And so please think of yourselves.
11:40:29 Would you want people outside drinking and partying until
11:40:32 all hours of the night next to you?
11:40:34 Thank you so much.
11:40:35 >>MIKE SUAREZ: Thank you, sir.
11:40:36 Anyone else in the public like to speak on item 91,
11:40:39 AB-16-18?
11:40:41 I see no one.
11:40:42 Mr. Smith, you have rebuttal.
11:40:47 >>DAVID SMITH: Yes, sir, a couple points.
11:40:48 Mr. Mueller is a neighbor and club member.
11:40:51 My comments were already addressed the first time.
11:40:53 Be that as it may, the bell has to be rung twice.
11:40:57 So you have an opportunity to vote no at your second
11:41:01 hearing.
11:41:03 That has happened before.
11:41:04 So the process that is being accorded to the adjacent
11:41:08 property owners and any other interested parties is still
11:41:11 ongoing.
11:41:13 So I think it's an incorrect representation, and I want to
11:41:17 indicate that we disagree with the position asserted that
11:41:20 your staff has in any way been incorrect in the way they
11:41:25 proceeded and acted on immaterial facts and hearsay.
11:41:28 As you know, this is a quasi-judicial proceeding, but it is
11:41:33 before a legislative body.
11:41:34 The case law is pretty clear in terms of your ability to
11:41:37 weigh the evidence and give the nature of the evidence the
11:41:40 weight you believe is appropriate.
11:41:42 So I don't think we have a denial of due process.
11:41:45 It's obviously to me, I am going to elaborate between that
11:41:50 and the second reading and will do so.
11:41:53 But I want to state on the record we object to that
11:41:55 characterization with respect to this hearing as well and
11:41:57 we'll provide further information in that regard.
11:42:00 Thank you for your time.
11:42:01 >>MIKE SUAREZ: Thank you.
11:42:01 Do you want to continue your rebuttal?
11:42:03 >> Grace Yang: I will keep it very short.
11:42:07 I just want to remind council that at our September 22nd
11:42:11 evening hearing, we went into a greater discussion
11:42:14 concerning hours of sales and restricted hours.
11:42:18 I did indicate and state on the record that we were agreeing
11:42:22 to impose certain conditions on the hours of sale on parcel
11:42:27 1, which is the equestrian and tennis area, as well as on
11:42:30 parcel 2, which is where the main clubhouse resides.
11:42:33 I won't go into all that detail again about Gasparilla and
11:42:37 New Year's Eve unless council wishes.
11:42:40 Thank you.
11:42:40 >>MIKE SUAREZ: Thank you.
11:42:41 Any question, Mr. Miranda?
11:42:43 >>CHARLIE MIRANDA: I am just going to make a statement,
11:42:46 Mr. Chairman, and on either side, not favoring for or
11:42:49 against either side.
11:42:50 But if you look at today's agenda alone, item number 78 was
11:42:54 a second reading and it went back to first reading, and
11:42:57 there was a small venue change to a restaurant.
11:43:01 Item number -- the one on Dale Mabry, 89, was on second
11:43:13 reading and went back to first reading.
11:43:15 That was a land zoning.
11:43:17 It had to do with a coffee business, I guess you can get
11:43:25 coffee as well as alcohol.
11:43:29 No, you can.
11:43:33 And that's where I am at, Mr. Chairman.
11:43:37 It's happened before.
11:43:37 I have seen many changes between first and second reading
11:43:40 where the public is given the opportunity for those two
11:43:44 weeks to debate the issue.
11:43:46 And in most instances, first reading has little value on
11:43:50 second reading.
11:43:52 There have been items that have been passed.
11:43:54 The history of -- not this council but councils of the past,
11:43:59 that passed on first reading and failed on the second
11:44:01 reading.
11:44:02 Thank you, Mr. Chairman.
11:44:03 >>MIKE SUAREZ: Thank you.
11:44:04 Anyone else have a question or comment from council?
11:44:06 Okay.
11:44:06 Can I get --
11:44:09 >> Move to close.
11:44:10 >>MIKE SUAREZ: I have a motion to close from Mr. Cohen,
11:44:12 second from Mrs. Capin.
11:44:14 All in favor of that motion?
11:44:16 Any opposed?
11:44:16 Mr. Miranda, will you kindly take item number 91 on first
11:44:20 reading and include the revision sheet?
11:44:23 >>CHARLIE MIRANDA: File number AB 2-16-18, ordinance
11:44:28 presented for first reading consideration, along with the
11:44:32 revision sheets and any other modifications that are
11:44:37 required under AB-2-16-18 that came in, today, October 6,
11:44:42 2016, move an ordinance for first reading approving a
11:44:46 special use S-2 for alcoholic beverage sales, large venue
11:44:50 consumption on premises only and making lawful the sale of
11:44:53 beverages regardless of alcoholic content, beer wine and
11:44:55 liquor on that certain lot, plot or tract of land located at
11:44:59 5320, 5321, 5322 Interbay Boulevard, Tampa, Florida and 5118
11:45:06 south Nichols street Tampa, Florida as more particularly
11:45:09 described in section 2, that all ordinances or parts of
11:45:12 ordinances in conflict are repealed, providing an effective
11:45:14 date.
11:45:14 >> Second.
11:45:15 >>MIKE SUAREZ: Motion from Mr. Miranda.
11:45:17 I have a second from Mr. Cohen.
11:45:18 All in favor of that motion?
11:45:21 Any opposed?
11:45:21 >>THE CLERK: Mr. Chair, second reading and adoption will be
11:45:25 on October 20th, 2016, at 9:30 a.m.
11:45:30 >>MIKE SUAREZ: Thank you.
11:45:33 Item number 92.
11:45:39 Do we have staff or petitioner here?
11:45:41 >>ABBYE FEELEY: Item number 92 is a special use for a
11:45:46 commercial off-street parking lot.
11:45:48 The plan has been certified and staff is available for any
11:45:50 questions.
11:45:50 >>MIKE SUAREZ: Thank you.
11:45:52 Petitioner?
11:45:53 >> Cordill engineering.
11:46:04 I'm representing the owners located on Florida Avenue.
11:46:10 This property is directly west of and adjacent to that
11:46:13 property.
11:46:14 And the owners have decided to buy this property adjacent to
11:46:24 relieve any on street parking that may occur because of
11:46:28 business circumstances.
11:46:29 So actually, they are doing a neighborhood a favor by taking
11:46:35 traffic and parking off a congested street and placing it
11:46:40 into this lot.
11:46:41 >>MIKE SUAREZ: Thank you, sir.
11:46:43 Any questions from council on this particular item?
11:46:45 Is there anyone in the public that would like to speak on
11:46:47 item N number 92?
11:46:49 92?
11:46:50 I see no one.
11:46:51 I have a motion to close from Mrs. Montelione, a second from
11:46:53 Mr. Miranda.
11:46:54 All in favor of that motion?
11:46:56 Any opposed?
11:46:58 Mrs. Montelione, will you kindly take item number 92?
11:47:01 >>LISA MONTELIONE: I move an ordinance presented for second
11:47:04 reading and adoption, an ordinance approving a special use
11:47:06 permit S-2 approving parking off-street commercial in SH-RS
11:47:12 Seminole Heights, single-family detached residential zoning
11:47:14 district in the general vicinity of 100 west Fern Street in
11:47:17 the city of Tampa, Florida and as more particularly
11:47:20 described in section 1 hereof providing an effective date.
11:47:22 >> Second.
11:47:24 >>MIKE SUAREZ: Motion from Mrs. Montelione.
11:47:25 I have a second from Mr. Maniscalco.
11:47:27 Please record your vote.
11:47:37 >>THE CLERK: Motion carried unanimously.
11:47:38 >>MIKE SUAREZ: Thank you.
11:47:39 Item number 93.
11:47:40 >>GLORIA MOREDA: Land development.
11:47:44 The site plan has been certified by the zoning administrator
11:47:47 and given to the clerk's office.
11:47:50 >>MIKE SUAREZ: Thank you.
11:47:51 Petitioner?
11:47:52 >> 1726 East 7th Avenue here on behalf of the applicant
11:48:02 petitioner.
11:48:04 We are just asking for approval for a special use permit,
11:48:08 approving a public service facility in an RS-50 residential
11:48:14 district in the general vicinity of 2081 north Himes Avenue
11:48:17 in the City of Tampa.
11:48:20 If there are any questions we are here to answer them.
11:48:24 >>MIKE SUAREZ: Any questions from council on this item?
11:48:26 Is there anyone in the public that would like to speak on
11:48:29 item number 93, SU-II-16-13?
11:48:33 I see no one.
11:48:34 I have a motion to close from Mr. Cohen, a second from Mrs.
11:48:37 Montelione.
11:48:38 All in favor of that motion indicate by saying aye.
11:48:40 Any opposed?
11:48:41 Mr. Maniscalco, will you kindly take item 93.
11:48:45 >>GUIDO MANISCALCO: I have an ordinance being presented for
11:48:48 second reading and adoption, an ordinance approving a
11:48:51 special use permit S-2 approving a public service facility
11:48:54 in an RS-50 residential single-family zoning district in the
11:48:58 general vicinity of 2081 north Himes Avenue in the city of
11:49:03 Tampa, Florida and as more particularly described in section
11:49:06 1 hereof providing an effective date.
11:49:07 >> Second.
11:49:09 >>MIKE SUAREZ: I have a motion by Mr. Maniscalco, a second
11:49:11 from Mrs. Montelione.
11:49:13 Please record your vote.
11:49:21 >>THE CLERK: Motion carried unanimously.
11:49:23 >>MIKE SUAREZ: Thank you.
11:49:25 We are now at our 10:30 hearings.
11:49:27 If I could ask for a motion to open items 94, 95.
11:49:32 I have a motion by Mr. Miranda.
11:49:34 I have a second from Mrs. Montelione.
11:49:35 All in favor of that motion?
11:49:37 Any opposed?
11:49:38 Anyone that wishes to speak to us on these items, 94, 95,
11:49:43 please be sworn in.
11:49:44 (Oath administered by Clerk)
11:49:58 Staff.
11:49:59 >>BARBARA LYNCH: Brand development coordination.
11:50:03 VAC 16-19 is a request to vacate an alley located just north
11:50:07 of dewpoint and I have a map for the overhead.
11:50:10 The property is in red and alley to be closed shown in
11:50:17 yellow.
11:50:19 It runs on 7th Avenue to Henderson.
11:50:23 And the alley was partially vacated in 1924.
11:50:27 The north 60 feet.
11:50:28 This is the remainder of the alley.
11:50:31 And the other thing about be this petition is this is also
11:50:34 to vacate the brick streets ordinance, the protected bricks
11:50:40 right-of-way, and if you want to vacate it, he also has to
11:50:43 request that that protection be vacated as well.
11:50:49 I have pictures.
11:50:50 And this is the alley looking north from Henderson.
11:50:54 And it is brick all the way through up to 7th.
11:50:57 And this is a little closer shot.
11:51:02 It was hard to get brick that day because it was shaded.
11:51:06 Then this is the alley from the north end, the vacated
11:51:09 portion, and this is fenced as well.
11:51:12 This is 7th Avenue.
11:51:13 And this is a picture of the property. This is Franklin and
11:51:16 the alley behind it, this building here.
11:51:18 And then some abutting properties.
11:51:24 This is looking west on Florida Avenue.
11:51:28 And this is again Florida, west of Florida, and this is on
11:51:37 the north side.
11:51:37 Staff has no objection to this request.
11:51:40 They do ask to reserve an easement for Verizon and then
11:51:44 transportation did make a request that the bricks be
11:51:47 palletized, cleaned and removed and returned to the city
11:51:50 within a year.
11:51:51 >>MIKE SUAREZ: Thank you.
11:51:52 >>CHARLIE MIRANDA: I was going to say, that has always been
11:51:59 the standard in the city of Winter Haven.
11:52:05 The bricks.
11:52:06 >>MIKE SUAREZ: Can we get them back?
11:52:10 >>CHARLIE MIRANDA: No.
11:52:11 >>JOHN GRANDOFF: My name is John Grandoff, address suite
11:52:16 3700 Bank of America Plaza.
11:52:19 This morning I have the pleasure of representing this
11:52:21 morning Maureen Ayral.
11:52:29 If I can borrow Barbara's photographs for a moment.
11:52:37 The ordinance is applicable particularly the easement
11:52:42 reserved for frontier communication, formerly Verizon.
11:52:45 What's interesting about this project is Maureen has done a
11:52:49 remarkable job of improving and repurposing this historic
11:52:54 building.
11:52:56 Right now, there's a dance studio.
11:53:01 Adam is working on the buildout along with Maureen, has a
11:53:04 proposed tenant, food arcade that will be located on the
11:53:07 ground floor, and we will be coming to you in a few weeks
11:53:11 probably with a wet zoning application for this property.
11:53:14 What's unique about the project is Maureen has decided to
11:53:19 incorporate the alley as part of the arcade features so you
11:53:23 could go outside, enjoy a couple of coffee, a donut, read
11:53:26 the paper in the open air.
11:53:29 We ask that the bricks remain to lend to the ambience of the
11:53:33 alley.
11:53:37 Unfortunately the ordinance requires removal of the bricks,
11:53:40 typically someone is going to build on the right-of-way.
11:53:42 I ask that you instruct the city attorney to delete that
11:53:45 language, that we may keep the bricks, and repurpose them
11:53:49 and keep them as part of the ambience of the project.
11:53:53 And if you would kindly approve the ordinance in that
11:53:55 fashion I'll appreciate it.
11:53:57 >>MIKE SUAREZ: Thank you.
11:53:58 Any questions from council at this time?
11:54:00 Is there anyone -- I'm sorry, Mrs. Capin.
11:54:02 >>YVONNE CAPIN: Yes.
11:54:03 >>JOHN GRANDOFF: Let me add one thing.
11:54:08 I'm sorry.
11:54:08 I discussed this with Mrs. Hardy and if we could mark up an
11:54:12 ordinance and return for first reading at an appropriate
11:54:14 time.
11:54:15 It's not time sensitive of that we have to have it this
11:54:17 morning.
11:54:18 >>YVONNE CAPIN: I want to ask about --
11:54:26 >> The bricks could still be a city asset, and --
11:54:35 >>YVONNE CAPIN: Just by looking at it, nothing can be built
11:54:38 there.
11:54:38 >>BARBARA LYNCH: Exactly.
11:54:42 And you can't build on that area anyway.
11:54:46 >>YVONNE CAPIN: Thank you.
11:54:48 >>MIKE SUAREZ: Any other questions from council at this
11:54:52 time?
11:54:52 >>MIKE SUAREZ: Everybody is there anyone in the public that
11:55:00 would like to speak at this time on item number 94,
11:55:03 VAC-16-19?
11:55:04 I see no one.
11:55:06 I have a motion to close from Mr. Maniscalco.
11:55:08 Do I have a second?
11:55:09 Second from Mrs. Capin.
11:55:10 All in favor of that motion please indicate by saying aye.
11:55:13 Any opposed?
11:55:15 Okay.
11:55:16 Mr. Cohen, I believe you are up.
11:55:19 Number 94.
11:55:20 >>HARRY COHEN: So because of Mr. Grandoff's request, do
11:55:26 have we have to go back to first reading or is it not
11:55:29 necessary?
11:55:29 >>BARBARA LYNCH: I think that you can go ahead.
11:55:37 >>HARRY COHEN: Just do it now.
11:55:38 So I present an ordinance for first reading consideration,
11:55:40 an ordinance vacating, closing, discontinuing, and
11:55:44 abandoning alleyway lying south of 7th Avenue and north
11:55:48 of Henderson Avenue east of Franklin Street and west of
11:55:51 Florida Avenue in Livonia -Dodds Cline subdivision, a
11:56:00 subdivision in the City of Tampa, Hillsborough County
11:56:03 Florida the same being more fully described in section 1
11:56:06 hereof subject to certain easement reservations, covenants,a
11:56:07 conditions and restrictions more particularly set forth
11:56:11 herein, although it will continue as a city asset, providing
11:56:18 an effective date.
11:56:18 >>MIKE SUAREZ: We have a second by Mr. Maniscalco.
11:56:22 >>MIKE SUAREZ:
11:56:25 >>CHARLIE MIRANDA: I'm not opposed to that at all.
11:56:27 However, I would like to see some understanding in a written
11:56:30 form, if there's an accident, that somebody causes or say is
11:56:36 caused by the bricks, that the city is immune that they take
11:56:40 total responsibility.
11:56:40 >>MIKE SUAREZ: I assume that based on vacation itself, it
11:56:45 would be under your control anyway.
11:56:47 But I don't know the legality.
11:56:50 >>MARTIN SHELBY: I think what needs to be done,
11:56:52 Mr. Chairman -- and I had chance to discuss this with Mrs.
11:56:57 Hardy -- single-family read the title as presented, they'll
11:57:00 come back with a new ordinance, with a new title, when you
11:57:04 will have to go back to first reading.
11:57:06 The other option would be to continue.
11:57:07 But this way it's fine, too.
11:57:09 But the direction would be to read the title, and then
11:57:14 direct staff to come back with the changes as discussed.
11:57:19 >>MIKE SUAREZ: That doesn't answer what Mr. Miranda was
11:57:23 saying.
11:57:23 Mr. Miranda, if you could continue, sir.
11:57:25 >>CHARLIE MIRANDA: I apologize, Mr. Chairman.
11:57:28 But first reading is just for this so we can get to second
11:57:32 reading with all the items.
11:57:33 We have first readings, to me it seems like a waste of time.
11:57:37 That's what first readings are for, so you can bring these,
11:57:40 the second reading so the public can have full disclosure
11:57:43 and understanding.
11:57:44 And I'm not attorney, don't want to be one.
11:57:47 But understand that the public then has a chance to speak on
11:57:51 the second reading of the document that is complete.
11:57:54 I'm not opposed to the bricks remaining there.
11:57:57 I don't want to give up the rights of the bricks.
11:58:00 Something may happen in the future.
11:58:01 But at the same time I don't want the city to be held
11:58:03 responsible for any losses that may come out of the bricks.
11:58:06 >>MIKE SUAREZ: And I think there is a distinction that we
11:58:11 never really talked about specifically.
11:58:13 And I think that because of the way that the liability would
11:58:16 go would be that the folks that are getting the vacation
11:58:20 from us would be responsible for anything that happened on
11:58:22 that particular location regardless of what material.
11:58:29 >>MARTIN SHELBY: My recommendation would be, Mrs. Hardy,
11:58:34 unless you disagree, my recommendation would be to continue
11:58:36 to come back with a corrected ordinance that addresses all
11:58:39 the discussions that came up today as a result.
11:58:41 >>HARRY COHEN: I am going to withdraw my motion for first
11:58:45 reading consideration.
11:58:45 >>JOHN GRANDOFF: The title says the bricks to be removed.
11:58:52 We'll clean it up.
11:58:53 >>MIKE SUAREZ: You will clean up the bricks then?
11:58:56 (Laughter).
11:58:57 >>JOHN GRANDOFF: We'll have it in the ordinance also to
11:59:01 satisfy Mr. Miranda's concern.
11:59:02 >>MIKE SUAREZ: Terrific.
11:59:03 So we have a withdrawal of the motion and the second, I
11:59:07 assume.
11:59:09 The removal of the second.
11:59:11 And we will go forth.
11:59:13 Do we have to vote on that removal?
11:59:15 >> [Off microphone.]
11:59:19 >>MIKE SUAREZ: It's withdrawn.
11:59:20 Thank you, sir.
11:59:24 We have a motion to continue.
11:59:26 You know what?
11:59:27 She brought up something that we did not discuss, which is
11:59:30 to open the hearing again.
11:59:32 Can I have a motion to open the hearing?
11:59:34 >> So moved.
11:59:35 >>MIKE SUAREZ: Motion from Mrs. Montelione.
11:59:37 Second from Mr. Maniscalco.
11:59:38 All in favor of that motion?
11:59:39 Any opposed?
11:59:41 Thank you.
11:59:41 Now --
11:59:44 >> Motion to continue.
11:59:45 >>MIKE SUAREZ: Motion to continue a second.
11:59:47 >>HARRY COHEN: October 20th?
11:59:56 Is that enough time or do you need more than two weeks?
11:59:58 >>MIKE SUAREZ: Mr. Grandoff?
12:00:00 >>JOHN GRANDOFF: Yes, that's enough time.
12:00:02 The 20th is good.
12:00:04 >>YVONNE CAPIN: October 20th at 10:30.
12:00:09 .
12:00:10 We have a motion by Mrs. Capin, a second from Mr. Cohen.
12:00:12 All in favor of that motion please indicate by saying aye.
12:00:15 Any opposed?
12:00:17 Thank you.
12:00:17 >>JOHN GRANDOFF: Thank you for your time this morning.
12:00:20 >>MIKE SUAREZ: We are coming up on our 12:00 --
12:00:24 >>CHARLIE MIRANDA: Move for 30 minutes.
12:00:26 >>MIKE SUAREZ: I was just going to ask if anybody wanted to
12:00:29 break for lunch but we have a motion to continue for 30
12:00:31 minutes, a second by Mr. Cohen.
12:00:33 Okay.
12:00:33 >>YVONNE CAPIN: I need to go.
12:00:43 >>MIKE SUAREZ: We have a motion on the floor to continue --
12:00:48 to extend our meeting time until 12:30.
12:00:50 A second from Mr. Cohen, I believe.
12:00:52 All in favor of that motion please indicate by saying aye.
12:00:59 Yes, sir?
12:01:00 >> [Off microphone.]
12:01:12 >>MIKE SUAREZ: Mr. Reddick, I was about to say what is the
12:01:15 pleasure of council.
12:01:16 Mr. Miranda brought up the motion.
12:01:17 I thought it was an obligation of me to allow his motion to
12:01:21 go forward.
12:01:23 Again, we are still at the pleasure of council.
12:01:25 So if we are going to lose a member, we have already
12:01:27 extended the time.
12:01:28 If there is not a motion to not continue at this point and
12:01:33 ask to come back at 1:30, it's at the pleasure of council.
12:01:36 >> [Off microphone.]
12:01:40 >>FRANK REDDICK: 30 minutes, and we sit here past that
12:01:44 time.
12:01:44 I would rather say if we are not going to do it, we have to
12:01:49 come back.
12:01:50 But if you think we can do it in 30 minutes.
12:01:52 >>MIKE SUAREZ: I am not going to be held to that standard,
12:01:54 Mr. Reddick, but thank you for saying so.
12:02:00 We are still losing a member in 30 minutes.
12:02:05 Again, let's go.
12:02:07 Item number 95.
12:02:08 >> Kristin Mora, legal department. This is a review
12:02:17 petition for the Variance Review Board that denied a
12:02:21 variance application.
12:02:25 The procedure before you is 27-61 of the code.
12:02:30 It provides that the City Council will consider this item
12:02:33 de novo.
12:02:35 You do not have to give deference to the VRB's decision in
12:02:38 this matter.
12:02:39 I'm available if you have any questions.
12:02:40 Otherwise I will have staff come up and give you a brief
12:02:43 presentation.
12:02:44 And then you will hear from the applicant.
12:02:47 And I also will distributer the standards of 27-08 of our
12:02:52 code for a variance.
12:02:54 >> Joel Sousa, land development.
12:03:07 The item is 16-72, the staff report in this case, given the
12:03:15 Variance Review Board for review.
12:03:17 I also have a denial letter in the back.
12:03:19 And the applicant name is Tampa Honda.
12:03:26 Property address is 11204 North Florida Avenue.
12:03:29 The agent is Mark Brenchly.
12:03:31 The applicant is seeking relief from sections 27-289 in
12:03:35 order to increase the height of a free-standing sign from 10
12:03:39 feet to 30 feet, to increase the square footage from 50 feet
12:03:43 to 100 feet and reduce the setbacks from 25 to 15 feet.
12:03:46 This is to replace an existing free standing commercial
12:03:49 sign.
12:03:50 The sign was originally developed in 1974 and was zoned CI
12:03:55 commercial intensive.
12:03:58 Current owner purchased the property in about 2014.
12:04:05 I'll show you some photographs.
12:04:13 This is the sign as it exists today.
12:04:15 Petitioner wishes to replace this sign with a like sign.
12:04:24 Petitioner is here.
12:04:26 This is the area along north Florida Boulevard between Busch
12:04:30 and Fowler.
12:04:33 This is the front.
12:04:35 And this is the sign in question.
12:04:40 This is the aerial.
12:04:49 This is the Tampa Honda.
12:04:53 And this is North Florida Avenue.
12:04:56 Fowler up to the north.
12:04:57 Busch to the south.
12:05:00 Just wants to switch Lite like for like.
12:05:13 At this time the sign does not work.
12:05:14 >>MIKE SUAREZ: Any questions by council at this time?
12:05:17 Petitioner?
12:05:18 >> Thank you, Councilman Miranda for continuing this for 30
12:05:23 minutes so we could enjoy a prelunch experience.
12:05:28 I'm Mark Brenchly of 3790 beacon ridge way, Clermont,
12:05:33 Florida.
12:05:35 I represent the owners of the property.
12:05:40 Tampa Bay automotive LLC, Tampa Honda.
12:05:46 One of the owners is here to begin the discussion which is
12:05:50 to explain our reason for the petition.
12:05:56 >> Again, we appreciate you guys extending this pre-lunch.
12:06:02 I'm here on behalf of Tampa Honda.
12:06:04 I'm a business owner. We purchased the business in 2014.
12:06:07 >> Please state your name for the record.
12:06:09 >> My name is Mike Segal.
12:06:11 Thank you.
12:06:12 We purchased the business in 2014.
12:06:15 It is as mark said the business has been established since
12:06:18 1974.
12:06:19 We have made significant business improvements to the
12:06:22 interior of the building.
12:06:23 We are starting to work on some of the exterior that needs
12:06:26 to be up to date one of which is the sign.
12:06:29 The lighting in the sign is no longer working.
12:06:34 We have worked with Honda the manufacturer to try to replace
12:06:37 the sign.
12:06:38 They have given us approval to replace it with the new
12:06:41 generation sign, which does look almost identical.
12:06:48 To the current existing sign.
12:06:50 As you see, this is the proposed sign.
12:06:53 It is identical in nature to the existing sign that we have.
12:06:58 By size and by visible outlook.
12:07:00 It does have LED lighting inside, which is probably the only
12:07:04 real difference between the sign that we are requesting and
12:07:06 the sign that's existing, and hopefully the LED lights work
12:07:11 inside the new sign as opposed to the current existing sign.
12:07:14 So really we are not asking for anything different than what
12:07:16 we have other than your support and our endeavor to make
12:07:20 improvements to the sign that we have.
12:07:22 >>MIKE SUAREZ: Any questions from council at this time
12:07:26 concerning this application?
12:07:29 Okay.
12:07:31 Is there anyone -- and petitioner, is that all of your
12:07:34 presentation?
12:07:37 Do you have something else to add?
12:07:39 >> Yes, I do.
12:07:42 The issue of the deficiency in the sign, why not just repair
12:07:49 the problem?
12:07:51 And I first refer you to the sign code which says that a
12:07:59 permanent sign shall not be structurally altered to prolong
12:08:02 the life of the sign.
12:08:04 Reasonable repair and maintenance of nonconforming signs is
12:08:10 permitted.
12:08:10 However reasonable repair and maintenance means the work
12:08:13 necessary to put the sign in a good state of repair, does
12:08:19 not include replacement of material in sign structure.
12:08:21 Reasonable repair does not include -- I wish to emphasize,
12:08:27 that was 27-239-15, nonconforming signs, section 4,
12:08:34 subsection C, that any modification that enhances the
12:08:38 visibility of the sign's copy at the time the copy is
12:08:43 available and subsection D, any modification that adds
12:08:46 artificial lighting or changes to the existing lighting such
12:08:50 that the illumination is improved.
12:08:54 So the sign cabinet has a crack in the top which has allowed
12:08:58 water to enter inside the structure.
12:09:02 It is compromised in the structural element and especially
12:09:08 deteriorated the line, which the sign is not illuminated.
12:09:15 To replace this with did new LED requirements from the Honda
12:09:21 branding and corporate office, it increases the lighting
12:09:29 because LED in essence is brighter.
12:09:35 Has the same message but it's brighter than traditional
12:09:39 fluorescent or incandescent lighting.
12:09:43 So any LED replacement which is much more economical, much
12:09:48 longer lasting, and is a better light.
12:09:57 That's why they cannot just change the guts to make this
12:09:59 conforming and make it functional again.
12:10:04 A new branding from Honda which requires this new branded
12:10:09 sign, that's why we are here.
12:10:11 It's going to be identical to the existing sign, and the
12:10:18 lighting will be upgraded and so forth.
12:10:22 On a 4 to 2 vote, the variance board said they could not
12:10:27 find a hardship in this case.
12:10:30 We presented at the hearing before the Variance Review Board
12:10:35 that this sign had the greatest setback than other signs
12:10:39 along the way, has a 15-foot setback.
12:10:42 At the time it was installed in 2001, only a side setback
12:10:47 was required but they moved it back to the 15-foot setback
12:10:54 for better viewing.
12:10:56 Obviously it's less subject to vandalism along the sidewalk.
12:11:01 And it meets the intent of the new sign code that was
12:11:07 adopted in 2008 which allowed what they call a canyon
12:11:13 effect, the 5-foot setback, the maximum point of the sign as
12:11:18 Joel mentioned was 10 feet.
12:11:19 For every foot you go back into the property, you can
12:11:22 increase the height of the sign one foot.
12:11:26 And a 15-foot setback, a sign that is typical, a sign can be
12:11:35 20 feet.
12:11:36 But we don't want to have a lower sign because of the signs
12:11:39 that are next to it are blocking the view.
12:11:45 And I wish to present to you -- I will show this to city
12:11:55 attorney and council.
12:11:56 Thank you.
12:12:07 I'm passing out a matrix showing these locations that you
12:12:10 can see quickly --
12:12:17 >>CHARLIE MIRANDA: May I make a statement?
12:12:18 Stop the time, please P.I don't really care what somebody
12:12:20 else's sign S.they are not the ones here, sir.
12:12:23 You are with your client.
12:12:24 So whatever you go to tell me about Ferman, brown, Farke,
12:12:31 Elvis, they are not the ones petitioning for a sign
12:12:34 replacement.
12:12:35 You are.
12:12:35 It's your responsibility and it was your client's
12:12:37 responsibility to maintain the time working.
12:12:40 If you did not take care of their own business by making
12:12:44 sure that that sign and the operation of their property was
12:12:50 unkempt for many years, it is not my responsibility, it is
12:12:53 yours.
12:12:53 >> And can I speak on that?
12:12:56 Like I said, that's what they are doing now that they own
12:12:58 it.
12:12:58 >>MIKE SUAREZ: And hang on a second.
12:13:02 Take your time, come up to the podium and speak.
12:13:05 You can speak.
12:13:05 I'm just saying come up to the podium and speak.
12:13:08 Don't speak from the seat.
12:13:09 >> My name is Mike Segal.
12:13:15 In regard to that comment we just purchased the business two
12:13:17 years ago and the sign was not making tattle.
12:13:19 We have made other significant capital intensive
12:13:22 requirements into the business.
12:13:23 We are getting to the sign now.
12:13:25 So there was nothing that we could have done other than make
12:13:28 that part of the buy-sell agreement where they had to
12:13:31 replace or change the sign before we went through the actual
12:13:34 sales.
12:13:34 So I just want to comment on that.
12:13:36 >> When the ordinance was changed in 2008, 85 to 90% of all
12:13:44 the signs in the city were knot nonconforming.
12:13:52 I went from 2004 to 2012, and I was on the sign committee
12:13:58 that was part of committed to revise the sign code.
12:14:03 So to show you in the neighborhood, now showing you what has
12:14:14 specifically prompted them to say nonconforming signs
12:14:19 recently in terms of the retention, and the enhancement of
12:14:22 the sign.
12:14:25 Again, this is the same -- basically the same.
12:14:28 This is the Tampa Anthony McFarland a sign, 15-foot
12:14:33 setback, and the existing sign is proposed.
12:14:36 It's highlighted in yellow on the matrix.
12:14:41 This is the property next door to the north.
12:14:45 This sign is 200 square foot, set right on the property
12:14:48 line.
12:14:51 It is supposed to have a 5-foot setback but it does not.
12:14:54 It's like it almost goes over the sidewalk.
12:15:02 So numerous signs on Florida Avenue, cannot see this
12:15:06 dealership until they get to the dealership.
12:15:10 There is not time for them to make any decisions and so
12:15:14 forth.
12:15:15 So the current location, current height, is a great
12:15:18 opportunity for this dealership potential.
12:15:25 The second one on your left, the Jim Brown sign, these were
12:15:32 where the signs were installed, changed, which they have
12:15:41 done, Daniels Chevrolet to Jim Brown Chevrolet, bus the
12:15:48 business signs as you look up and down the street which
12:15:52 overshadow, again, the Honda sign.
12:15:56 From across the street, you can see the Honda sign on the
12:15:59 left, the Ferman sign on the right.
12:16:05 I am just showing you what is going on in the neighborhood.
12:16:07 And than the signs in this area.
12:16:18 Lincoln, just a little south.
12:16:20 This sign was installed in 1989.
12:16:24 35-foot.
12:16:25 146 square feet.
12:16:29 Made changes recently changing the name and so forth.
12:16:37 This is a new Honda dealership at 2522 North Dale Mabry.
12:16:43 This is the subject of the design exception that was
12:16:47 approved -- approved in 2014.
12:16:58 The city staff went to the design exception process, which
12:17:01 is a review, and the reason this was available on this site
12:17:07 and no other locations because this is in the Westshore
12:17:10 overlay district.
12:17:11 When you have the issues, of the standard and overlay area,
12:17:18 the issues with design exceptions one or two.
12:17:21 This is a design exception one.
12:17:25 Whereas the Land Development Coordination, and approved the
12:17:31 identical sign in 2014, in spite of the fact that the
12:17:34 ordinance, the current ordinance does not allow a sign this
12:17:38 high, this size at this location.
12:17:47 But I'm just showing the reasonable use that the city staff
12:17:52 recognized in this case at this location, they were able to
12:17:55 bring down a very tall sign.
12:17:59 But nonetheless, the sign exceeds the ordinance.
12:18:04 Exact same sign that we are proposing today.
12:18:07 The last is 3900 West Kennedy Boulevard.
12:18:13 You see there are signs here.
12:18:23 The city staff, allowed it to go from 36 to have 32.
12:18:26 It exceeds also the square feet allowable area.
12:18:31 And also the second one, the same design exception approval
12:18:42 exceeds the height, exceeds the square feet, and doesn't
12:18:46 comply to the second that I mentioned.
12:18:52 This is to show that the city staff has tried to allow
12:18:57 reasonable use of existing signs, bringing them down
12:19:02 following the intent of the code which is lower signs, lower
12:19:05 square feet.
12:19:06 This particular sign was already smaller than it was
12:19:11 committed to be in 2001 when installed, 300 square feet to
12:19:16 100 square feet was proposed.
12:19:18 The applicant wishes to replace all of the deficiencies in
12:19:24 this sign, because the sign is essential to their business.
12:19:33 It allows the city to show that they are requiring
12:19:38 compliance to the sign code whether special exceptions or
12:19:44 variances that meet the finding of fact, and we can show
12:19:49 these from the other signs as well as the precedent from
12:19:53 more recently reviews when it comes to dealing with the
12:19:57 sticky I shall of nonconforming signs it has general
12:20:02 purpose.
12:20:02 I believe that this ought to be revised to allow people to
12:20:08 change their lighting system to more efficient lighting.
12:20:15 Currently your code does not permit that.
12:20:17 Any questions?
12:20:18 >>MIKE SUAREZ: Any questions from council at this time
12:20:19 concerning this review?
12:20:23 Before I -- I am going to ask you a couple questions.
12:20:25 First, you gave us a matrix.
12:20:27 What I notice is that there were a lot of locations you
12:20:31 mentioned, very few that were approved by the people that
12:20:34 are sitting here right now.
12:20:36 Excuse me, sir, I'm still speaking.
12:20:39 Okay.
12:20:39 Most of them are on there.
12:20:41 You are asking for -- and I just want to make sure I get
12:20:43 this right.
12:20:44 You want a free-standing sign that goes from 10 foot to 30
12:20:45 foot -- you are asking for relief from, 50-foot square
12:20:51 footage to 100 square foot, correct?
12:20:54 And the setback reducing from 25-foot to 15-foot.
12:20:58 Is that correct?
12:20:58 >> Well, the setback is incorrect.
12:21:01 There is no 25-foot setback required for a sign.
12:21:04 >>MIKE SUAREZ: I am going by what the staff report says in
12:21:06 the review.
12:21:07 >> Do you wish to clarify that?
12:21:13 >> That is an error.
12:21:14 There is not a 25-foot setback required for a sign.
12:21:17 >>MIKE SUAREZ: So the first two points that I made, though,
12:21:19 are correct, right?
12:21:20 That's what you are asking for now?
12:21:22 >> A sign at the 5-foot setback can only be 10 feet high.
12:21:27 A sign at the 15-foot setback which this is can be 20-foot
12:21:31 high by code.
12:21:32 >>MIKE SUAREZ: Got it.
12:21:33 And the reason I was asking based on the matrix that you
12:21:35 gave us, there is one sign that you showed us that came
12:21:41 after we have been on board here that was much larger than
12:21:45 square footage than what you are asking for here.
12:21:48 Most of them, are maybe a little higher but the square
12:21:51 footage is smaller than what you are asking.
12:21:53 So if you are going to use a comparison based on other
12:21:56 locations, I think it's fair to say that you might want to
12:21:59 consider a different size in terms of square footage, and
12:22:03 maybe think about what that height is.
12:22:06 That's just a suggestion.
12:22:08 I have no other questions.
12:22:10 I have made a suggestion, sir, I didn't ask you a question.
12:22:13 Any other questions from council at this time concerning it?
12:22:15 Okay, we have no other things.
12:22:18 Sir, you have rebuttal.
12:22:20 Go ahead.
12:22:20 >> You clarified in your comments saying a sign smaller than
12:22:23 the ones that I mentioned?
12:22:25 >>MIKE SUAREZ: I'm looking at your matrix, sir.
12:22:30 I'm talking about from 2011 on when most of us were elected
12:22:33 to this body.
12:22:36 My point is that you are showing us a matrix that shows that
12:22:39 most of the ones that came after 2011 have smaller square
12:22:42 footage faces, okay?
12:22:44 Some of them have higher Heights than what you are
12:22:47 requesting.
12:22:48 Maybe it was agreed to by us.
12:22:49 Maybe it was agreed to by staff.
12:22:51 I'm making a statement based on what the time frame is for
12:22:55 this council and not for every sign that you have put
12:22:59 forward to us because some of those were not agreed to by
12:23:02 us, those were already free-standing signs.
12:23:04 And I think you admitted that based on your presentation.
12:23:06 >> Yes, that is correct, but the last three on the chart are
12:23:11 those that have occurred within the last two years.
12:23:14 And those would be in the purview --
12:23:18 >>MIKE SUAREZ: I think I mentioned those exceptions.
12:23:20 This is part of your rebuttal.
12:23:23 Please start the time. This is part of his rebuttal.
12:23:26 Please start the time.
12:23:27 >> This is the PD.
12:23:30 Approved in 2013.
12:23:32 And you see on this highlighted, this is an existing 35-foot
12:23:39 sign, 182 square feet listed on your matrix.
12:23:44 Here is a photograph of that sign.
12:23:46 Approved in 2013.
12:23:49 In fact, the PD plan, which basically relegitimizes and
12:23:55 approves all the site development that has come on the site,
12:23:58 acknowledges that this is an existing free-standing sign,
12:24:03 1282 square feet.
12:24:05 The council at that time allowed the sign to remain as it
12:24:08 was.
12:24:11 So acknowledging the reasonable use of this size.
12:24:15 We are asking for a much smaller sign, and has the same
12:24:22 precedence.
12:24:22 >>MIKE SUAREZ: Anything else, sir, on your rebuttal?
12:24:28 >> No that is it.
12:24:29 >>MIKE SUAREZ: Thank you.
12:24:30 Is there anyone in the public that would like to speak on
12:24:33 95, 2016-8 chapter 27?
12:24:37 I see no one.
12:24:40 Can I get a motion to close?
12:24:42 Motion to close by Mr. Maniscalco.
12:24:44 Do I get a second?
12:24:45 Second from Mr. Cohen.
12:24:47 All in favor of that motion please indicate by saying aye.
12:24:50 Any opposed?
12:24:51 What is the pleasure of council?
12:24:54 Yes, ma'am.
12:24:55 >>LISA MONTELIONE: Thank you, sir.
12:24:57 I would move to overturn the decision of the Variance Review
12:24:59 Board and I'll give you my reasons why.
12:25:05 This sign is 15 feet from the property line, so it is set
12:25:09 back.
12:25:09 And then, you know, as you go back as was stated, you can
12:25:14 increase the height.
12:25:15 So the difference between the sign ordinance if it were
12:25:24 closer to the street doesn't as much apply here because it
12:25:29 does have the setback.
12:25:31 It's also a hardship because the current owner of the
12:25:34 dealership did not create this problem.
12:25:35 The sign was already there.
12:25:38 When they purchased it two years ago.
12:25:41 And within financial investment having to bring the place
12:25:49 back up to standards.
12:25:52 I can see that the sign would the last thing that they
12:25:55 would, you know, be looking at to tackle as a problem and
12:26:01 address the others.
12:26:02 Now, as far as not interfering or injuring health safety
12:26:09 welfare, I don't think that applies.
12:26:13 The variance is in harmony with and serve it is general
12:26:18 intent and purpose of -- well, this area, I mean, it's my
12:26:22 district, and this area has become a commercial, almost car
12:26:28 dealership from one end to the other and within certain
12:26:32 boundaries, and it is very difficult to stand out amongst
12:26:36 all of the lots.
12:26:39 Replacing with LED lights is good for the environment.
12:26:47 They are having to be replaced less often and use
12:26:50 electricity so I think it's a bonus because car dealerships
12:26:53 use a lot of electricity and if we can save a little bit
12:26:57 here and there, I think it all adds up.
12:26:59 So for those reasons, I would state that the variance is in
12:27:05 keeping -- granting the variance would be in keeping with
12:27:08 our code and not doing so would put them at a disadvantage
12:27:16 as another hardship in comparison to the others along that
12:27:20 roadway, or that structure of roadway.
12:27:23 >>MIKE SUAREZ: We have a motion by Mrs. Montelione, a
12:27:25 second by Mr. Maniscalco.
12:27:27 All in favor of that motion?
12:27:29 Opposed?
12:27:30 >> Miranda and Suarez voting, no Capin being absent.
12:27:37 >> You didn't say whether it carries or not.
12:27:43 Can you repeat whether it carried or not?
12:27:46 If you said it, I didn't hear that part.
12:27:47 >>THE CLERK: It carried with Miranda and Cohen voting no
12:27:51 and Capin being absent at vote.
12:27:54 >>MIKE SUAREZ: Thank you.
12:27:55 Because of the late time frame, we have three minutes left.
12:27:59 I would suggest that we do break for lunch at this point.
12:28:03 1:45 should be agreeable to most of our members.
12:28:07 Is that correct?
12:28:07 >>LISA MONTELIONE: Sure.
12:28:09 >>MIKE SUAREZ: We are in recess until 1:45.
12:28:12 (City Council meeting in recess until 1:45 p.m.)
12:28:25 - - -
12:29:30
12:46:43 (Tampa City Council reconvenes.)
01:45:35 >> Council is now called back into order.
01:49:15 Roll call, please.
01:49:15 >>CHARLIE MIRANDA: Here.
01:49:18 >>FRANK REDDICK: Here.
01:49:20 >>HARRY COHEN: Here.
01:49:21 >>GUIDO MANISCALCO: Here.
01:49:22 >>MIKE SUAREZ: Here.
01:49:23 First item up on our agenda under staff reports is item
01:49:27 number 96.
01:49:28 This is obviously pulled because of the amount of the
01:49:32 contract.
01:49:33 Does anyone have any questions of staff?
01:49:35 Staff, come on up.
01:49:36 Explain exactly what we have on item number 96.
01:49:39 >> Contract administration here to answer any questions you
01:49:45 have on item 96.
01:49:47 >>MIKE SUAREZ: Any questions from council members on this
01:49:51 particular item?
01:49:52 >> Move the resolution.
01:49:54 >> Second.
01:49:55 >>MIKE SUAREZ: Motion from Mr. Reddick.
01:49:56 I have a second from Mr. Miranda.
01:49:58 All in favor of that motion please indicate by saying aye.
01:50:00 Any opposed?
01:50:02 Thank you.
01:50:04 All right.
01:50:05 I had asked our clerk to look at number 97.
01:50:10 And I believe it's number 100 together.
01:50:13 And that is Marcella.
01:50:16 We need to have you come on up, talk about our ethics thing.
01:50:23 You know what?
01:50:24 Before we go forward, I just realized, this was one of
01:50:27 Montelione's items.
01:50:28 Let's wait on that, because I know that she's probably going
01:50:31 to have some issues or some questions to ask you about both
01:50:34 of those, okay?
01:50:35 I apologize.
01:50:37 Item number 98.
01:50:40 Mr. Rainsberger.
01:50:42 And I know he's here.
01:50:43 Just saw him walk in.
01:50:48 >>KIRBY RAINSBERGER: Legal department.
01:50:49 Yesterday via e-mail, I provided council members with the
01:50:53 statistics that you had previously requested.
01:50:56 I'm here to answer any questions if I can concerning those
01:50:59 numbers.
01:50:59 >>MIKE SUAREZ: Okay.
01:51:01 Any questions from council?
01:51:02 Any members have questions about that particular report?
01:51:07 The number of citations that have been issued, number of
01:51:09 arrests and so on?
01:51:12 Mr. Reddick, yes, sir.
01:51:13 >>FRANK REDDICK: Even though you issued a memo to council,
01:51:17 I think for the public, you should give us an overview of
01:51:20 what you sent to us.
01:51:26 >>KIRBY RAINSBERGER: This was the adult-only marijuana civil
01:51:31 citation program that we began six months ago at the end of
01:51:35 March.
01:51:36 The total number of citations issued has been through that
01:51:42 six-month period, 409.
01:51:45 A total of 198 of those were paid within the 30 days.
01:51:51 And that's significant, as you recall, because if you failed
01:51:55 to pay within that 30 days under the ordinance, you would no
01:51:58 longer qualify for this program, this alternative to arrest
01:52:05 program.
01:52:06 So I was personally a little bit disappointed that only
01:52:11 about 48% of the people who received those citations chose
01:52:15 to go that route, but that's what the numbers are.
01:52:21 We have a total of 3 during that period of time who had had
01:52:25 a previous citation, so less than one percent were within
01:52:33 that six-month period.
01:52:35 The racial distribution is there as you see, black to white
01:52:41 is about 60% versus 40%.
01:52:44 59 versus 39 actually.
01:52:51 Ethnicity numbers 148 non-Hispanic versus 27 Hispanic.
01:52:57 We also took a look at assault, misdemeanor arrests during
01:53:04 that same period of time.
01:53:07 Which there were 529.
01:53:10 You will recall that the citation program was applicable to
01:53:16 certain people who met certain criteria, and among other
01:53:20 criteria was that no other charges, no other criminal
01:53:24 charges arose out of the same incident.
01:53:28 So there were a total of 529 misdemeanor marijuana arrests
01:53:34 during that same period of time.
01:53:36 You see the racial distribution there, which is extremely
01:53:40 close, within one percent of the distribution for the
01:53:45 citation.
01:53:49 We also took a look at the reason why people were arrested
01:53:55 as opposed to receiving a citation, and you see the
01:54:00 distribution numbers there.
01:54:03 During the same period of time, in 2015, there were 921
01:54:10 adult marijuana arrests.
01:54:12 And when you add citations to marijuana arrests for this
01:54:18 same period 2016, you get 938.
01:54:21 So 938 versus 921, less than 2% increase, which was
01:54:28 significant tore me, tending to show, in my opinion, that
01:54:33 the use of marijuana did not dramatically increase, at least
01:54:37 in public, as a result of council's decision to adopt this
01:54:43 alternative program.
01:54:49 No questions on any of that?
01:54:50 >>HARRY COHEN: One question.
01:54:57 The racial and ethnic ratios similar in 2015 to 2016?
01:55:03 Was there any marked difference there?
01:55:08 >>KIRBY RAINSBERGER: I did not compare the racial --
01:55:11 >>HARRY COHEN: The number of incidents is almost identical.
01:55:14 I'm just wondering if there was any change in the makeup of
01:55:20 who received sanction of some kind.
01:55:25 >>KIRBY RAINSBERGER: I was not asked for that analysis.
01:55:28 I can and send that on to council.
01:55:31 >>HARRY COHEN: Yes, I think that would be interesting to
01:55:34 know.
01:55:35 I expect it to be similar.
01:55:36 I would expect it not to be different.
01:55:41 >>KIRBY RAINSBERGER: I will take care of that.
01:55:44 >>MIKE SUAREZ: Any other questions?
01:55:46 Any other information that you have?
01:55:49 May I ask a question?
01:55:50 I just did a quick math in terms of number of citations for
01:55:54 that time period, the March 31st to September 30th, and
01:55:59 it looks like 59% African-American and 39% white which adds
01:56:02 up to about 98% of arrests are the other distribution that
01:56:07 you have listed there.
01:56:12 You have a location map as to where these citations were
01:56:15 issued.
01:56:16 And this is what I am getting at.
01:56:18 You know, were they all no parking lot, you know, after a
01:56:21 concert, let's say, and you might get certain disparity
01:56:26 versus if you are someplace else?
01:56:28 How is it populated city-wide?
01:56:33 More along those lines.
01:56:34 Because, you know, just by looking at the numbers, you don't
01:56:37 know if it's based on certain places, certain times of day,
01:56:43 you know, where someone is at, at any one time, if someone
01:56:49 is just on the street?
01:56:51 Is it somebody that's in a club or just leaving a club or
01:56:53 something like that?
01:56:54 So it might help us to know that.
01:56:57 I don't expect you to have it in front of you now because I
01:57:00 don't think we asked for it.
01:57:02 But I do think it might be important for us to have that
01:57:04 kind of demographic information to know where people are at
01:57:07 and when they get cited.
01:57:12 >>KIRBY RAINSBERGER: I suspect we could do an analysis based
01:57:17 on geography, but it won't tell you -- it will show you an
01:57:23 address.
01:57:24 It may not tell you whether they were in the street, no car.
01:57:28 I would say a report sort of analysis, and it's doable but
01:57:34 you see the numbers.
01:57:35 >>MIKE SUAREZ: Even a general location.
01:57:38 Let's say, for example, if they are over that time period
01:57:41 that you have listed, you know, we had the same number of
01:57:48 citations in relation to arrests that we didn't get before.
01:57:51 But was it because there are several different concerts at
01:57:55 any one time?
01:57:56 Maybe that's what happened.
01:57:57 The only reason I mention in concerts, typically there's
01:58:00 going to be some idea that people are going to feel free to
01:58:03 light up in Ray certain place, or think that they are safe
01:58:06 to light up in a certain place, and maybe we need to look at
01:58:10 how we report and inform people that you know what?
01:58:15 Most of our citations are in this certain place, you might
01:58:18 want to think about not showing up here, you know, thinking
01:58:20 that you are only going to get a citation or arrest.
01:58:24 I think that there's an aspect of what people do in terms of
01:58:27 their own habits, and they repeat the same habits over and
01:58:30 over again, you know.
01:58:33 So we may want to look at that demographically.
01:58:35 So we might want to have that brought back to us at some
01:58:38 point.
01:58:42 >>KIRBY RAINSBERGER: We start with an address location map
01:58:47 that I think is extractible from the data relatively simply.
01:58:53 We'll start with that as a step one.
01:58:55 We'll also do the 2015 race analysis on the arrests and see
01:59:00 what those numbers look like.
01:59:01 >>MIKE SUAREZ: Terrific.
01:59:04 >>KIRBY RAINSBERGER: And then we can also do, I think
01:59:07 relatively simple, a day of time analysis, which may be
01:59:10 helpful.
01:59:11 And then we'll take that and present that to you.
01:59:15 And if you think you need additional analysis again, there's
01:59:19 some of this that's going to take narrative of the police
01:59:24 report reading one at a time.
01:59:27 There's nearly a thousand of them.
01:59:28 That's fairly substantial.
01:59:30 >>MIKE SUAREZ: Believe me, I can imagine the amount of
01:59:32 information you have already and trying to discern that
01:59:34 based on what you have gotten.
01:59:38 It may be helpful for us to look at how we enforce and
01:59:43 whether or not there need to be tweaks to the ordinance in
01:59:46 order to make sure we are doing the right thing.
01:59:49 Any other questions or comments of staff at this point?
01:59:54 Okay.
01:59:55 Thank you so much.
01:59:56 We really appreciate you coming here.
01:59:58 >>KIRBY RAINSBERGER: My pleasure.
01:59:59 >>MIKE SUAREZ: And made it just before the rain.
02:00:02 That's good.
02:00:02 Mrs. Montelione, I had waited to look at number 97 and 100
02:00:08 until you got here.
02:00:09 >>LISA MONTELIONE: Thank you.
02:00:10 Wonderful.
02:00:10 >>MIKE SUAREZ: If you could come up and we'll do those two
02:00:14 items now.
02:00:14 >> Marcella Hamilton, assistant city attorney.
02:00:18 I also have Justin Vaske here, the ordinance, if you have
02:00:24 any questions about that.
02:00:30 You asked to bring the backup by council member Montelione,
02:00:37 a lobbying ordinance and asked them to present it to the
02:00:40 ethics commission.
02:00:41 You have been provided with a memo from the chair of the
02:00:43 ethics commission regarding some of the provisions total
02:00:51 second draft which includes the ethics commission.
02:00:57 >>LISA MONTELIONE: So if I may, we can move the
02:01:01 whistleblower ordinance, because from the memo from chairman
02:01:05 Morgan, they have reviewed it.
02:01:10 You know, I trust their opinion and their guidance.
02:01:14 And so from what I can see, they thought it was an
02:01:18 improvement over what we have now.
02:01:21 So I would move the ordinance.
02:01:25 >>MIKE SUAREZ: That is item number 100?
02:01:29 >>LISA MONTELIONE: No, 97, the ordinance.
02:01:37 I have it backwards in my book.
02:01:38 I'm sorry.
02:01:39 So 100.
02:01:40 I would move item 100, the whistleblower ordinance.
02:01:42 >>MIKE SUAREZ: Okay.
02:01:48 Do you have that available?
02:01:59 I do.
02:02:00 I got it.
02:02:04 There's nothing to read here.
02:02:07 It's just make changes as requested and present an ordinance
02:02:11 for first reading consideration.
02:02:12 >>MIKE SUAREZ: Do you have that?
02:02:24 Mrs. Montelione.
02:02:24 >>LISA MONTELIONE: I move an ordinance of the city of
02:02:27 Tampa, Florida amending City of Tampa code of ordinances
02:02:30 chapter 2, article 7?
02:02:35 8?
02:02:35 9?
02:02:36 >>MIKE SUAREZ: Do we have clean copies that Mrs. Montelione
02:02:43 can read?
02:02:44 >>MARTIN SHELBY: Do you have copies for council?
02:02:48 >>MIKE SUAREZ: Lots of print.
02:02:50 >>LISA MONTELIONE: Thank you so much.
02:02:53 I had it backwards in my book.
02:02:55 And I move an ordinance of the city of Tampa, Florida
02:02:58 adopting and enacting a new division of article 8 of chapter
02:03:04 2 of the City of Tampa code of ordinances to be herein after
02:03:10 referenced and known as "division 9, whistleblower
02:03:15 procedures" establishing criteria and procedures for
02:03:18 reporting of fraud and whistle blowing by employees,
02:03:22 identifying procedures for responding to and investigating
02:03:26 employee complaints, reserving sections 2-664 through 2-674
02:03:34 of division 8 of article 8 of chapter 2, providing for
02:03:40 severability, providing for repeal of all ordinances in
02:03:43 conflict here with, providing an effective date.
02:03:45 >> Second.
02:03:46 >>MIKE SUAREZ: I have a motion from Mrs. Montelione, I have
02:03:48 a second from Mr. Maniscalco.
02:03:50 All in favor of that motion please indicate by saying aye.
02:03:53 Any opposed?
02:03:54 >>LISA MONTELIONE: Thank you.
02:03:57 They are new glasses.
02:03:58 >>THE CLERK: Second reading and adoption will be heard on
02:04:01 October 20th, 2016 at 9:30 a.m.
02:04:05 >>MIKE SUAREZ: Thank you.
02:04:06 And we continue on number 9.
02:04:12 Do you have any questions, Mrs. Montelione, on 97 or anyone
02:04:15 else?
02:04:16 >>LISA MONTELIONE: That is the lobbying ordinance, and we
02:04:20 all received a memorandum from, again, chairman Morgan from
02:04:24 the ethics commission.
02:04:26 There were some points of the ordinance that they were in
02:04:30 agreement with, but asked in some cases for language to be
02:04:38 tweaked, if you will.
02:04:41 So the definition of lobbyist, which is the first bullet
02:04:44 point on the memo -- this is a policy decision, so, you
02:04:52 know, we all would have to see how we feel about it.
02:04:55 But the way I looked at it and reviewed it with staff and
02:04:59 the legal department, I didn't see that the language was
02:05:14 lessen forceful, I thought more targeted so it was more
02:05:18 defined.
02:05:19 So the current ordinance to me was vague, whereas the
02:05:26 proposed language is clearer.
02:05:29 But that would be, you know, up to everyone to --
02:05:34 >>MIKE SUAREZ: What's the specific changes, differences
02:05:37 that you are referring to based on what the ordinance says
02:05:41 and what you are stating?
02:05:43 >>LISA MONTELIONE: If you refer to the chart that came with
02:05:45 the memorandum, it says currently in the ordinance that its
02:05:53 consideration of any type.
02:05:56 And what we are proposing in the new ordinance is we are
02:06:07 saying who contracts for on behalf of the principal and
02:06:10 principal responsibility.
02:06:11 So it further defines who the lobbyists are.
02:06:21 Like I said, it's a matter of opinion.
02:06:23 I don't think that the change weakens it.
02:06:30 I think the change just clarifies it.
02:06:32 But it's hard to interpret something, you know, the way that
02:06:37 he discussed it with legal, and working through this
02:06:40 language, is that it's hard to define who is a lobbyist.
02:06:45 So I use the example the other day with Mr. Shelby that if I
02:06:50 were a member of staff, an employee who goes tore buy a car
02:06:59 on a car lot -- we had car lots earlier -- and the
02:07:03 salesperson is telling me that car says you know, the
02:07:12 dealership might want to get the business of the City of
02:07:15 Tampa, and the employee says that's up to fleet management,
02:07:19 just tell them to call them.
02:07:20 Is that going to make that salesperson at the dealership a
02:07:23 lobbyist?
02:07:25 Because they don't have decision making.
02:07:27 And he was just inquiring.
02:07:30 It would be whoever the decision maker is, the one who
02:07:34 actually contacts the City of Tampa, that would be the
02:07:37 lobbyist.
02:07:39 So if it's the language in the proposed ordinance I think
02:07:43 further defines that instead of just being so broad, you
02:07:47 know, saying -- because the current one says, including but
02:07:51 not limited to someone who receives salary, payment,
02:07:54 retainer, consideration of any type, so, you know, I mean,
02:08:00 the sales guy on the sales floor receives payment, he
02:08:03 receives commission, but it's not related to the actual
02:08:08 procurement opportunity with the city.
02:08:12 So that's kind of how that was.
02:08:14 Then the second point in the memo talked about the
02:08:18 definition of lobbying.
02:08:20 And I don't have any problem with the suggestion that Tampa
02:08:23 ethics commission made.
02:08:25 They do like the new language.
02:08:27 They would just like to incorporate some of -- or retain
02:08:34 some of the original language.
02:08:35 So the ordinance that's proposed does not define what a
02:08:42 meeting in the future would be, and the language they would
02:08:47 like incorporated is, quote, if any such meeting occur was
02:08:53 respect to an item not currently pending before a city
02:08:56 official, and an item there subsequently comes before a city
02:09:01 official within 12 months of such meeting, that meeting
02:09:04 shall also constitute lobbying and shall be subject to
02:09:08 prompt disclosure and other restrictions hereunder.
02:09:11 The first is timely filing of this disclosure, the meeting
02:09:15 shall have been deemed to occur upon the date of filing the
02:09:18 application or request for subsequent approval.
02:09:21 So, in other words, say somebody lobbies or talks to us
02:09:28 about a land use -- well, that would be lobbying.
02:09:37 A contract.
02:09:40 Say somebody comes to us and talks to us about a contract,
02:09:45 and we don't know anything about it because often we don't
02:09:47 know about the contract being presented before us until they
02:09:50 actually arrive, because it's negotiated by the
02:09:54 administration, but when it coms gets to us, you realize,
02:09:57 hey, this person talked to me eight, nine months ago about
02:10:01 this issue, I didn't know it was coming up, but they would
02:10:05 have, and then activated a meeting when we, or whoever is
02:10:13 sitting here, when council hears that contract, then you
02:10:17 have to disclose that you had a conversation about it eight
02:10:20 months ago.
02:10:25 I mean, it's not in the proposed ordinance, but the ethics
02:10:30 commission would like it to be in the proposed ordinance.
02:10:32 >>MARTIN SHELBY: If I may, that provision now, I remember a
02:10:38 specific time when that was added.
02:10:41 >> It's in the current but it's not in the proposed.
02:10:48 It's added in the second proposed from the provisions that
02:10:51 the ethics commission requested.
02:10:52 >>MARTIN SHELBY: Frankly what it is, it's an improvement
02:10:55 over the county ordinance, because it's a very subjective
02:11:00 term and that would be a hard thing to be able to prove.
02:11:03 So the city had addressed this several years ago and said 12
02:11:08 months is what they defined.
02:11:11 So if a lobbyist knows it's going to be forthcoming they
02:11:14 should disclose it then, and if not, then it does come up on
02:11:17 the agenda or it is filed as pending then they do have an
02:11:21 obligation to file.
02:11:22 >>MIKE SUAREZ: Any other questions?
02:11:27 >>HARRY COHEN: No, I think it answered -- I have a lot of
02:11:30 questions, and I guess the thing is, there's two separate
02:11:34 versions here, and it sounds like -- I mean, if we are going
02:11:40 to go forward today on a first reading we have to take all
02:11:43 of one or all of the other.
02:11:45 And not be able to pick and choose between which versions of
02:11:50 one and which versions of two we might like.
02:11:52 >>LISA MONTELIONE: Well, correct me if I am wrong, she took
02:11:57 the suggestions.
02:11:58 Ethics commission and incorporated it.
02:12:00 >>HARRY COHEN: I understand.
02:12:01 So there's version one which is the original one.
02:12:04 Version two incorporates what the ethics commission wants.
02:12:07 But there's no version that allows us to cherry pick what
02:12:11 they have asked for and decide.
02:12:16 You know, it would be easy just to go forward carte blanche
02:12:20 with version two, but the problem is, we really don't want
02:12:23 to --
02:12:26 >>LISA MONTELIONE: Well, I was hoping we would get the
02:12:28 surges earlier than we did.
02:12:30 But because of the timing of their meeting --
02:12:37 >> We have until the next meeting, you know.
02:12:40 Because we might be able to hash it out and get a first
02:12:43 reading done if we have a chance to do that.
02:12:46 >>LISA MONTELIONE: Yeah, no, I'm fine with that, if you
02:12:49 indulge me, though, I would like to go through the other
02:12:52 points just so I can put them on the record and we can talk
02:12:56 about them in another setting.
02:12:58 So that's the second bullet point.
02:13:01 The third one, I think what the third bullet point is that
02:13:11 we recently started a process with a hearing officer, I
02:13:17 don't remember exactly when, for individuals who have
02:13:20 disputes with purchasing contracts.
02:13:23 So if a decision is made, and then somebody appeals, they
02:13:27 are not going to appeal directly to us.
02:13:30 The appeal is going to go to the hearing officer.
02:13:32 So the third point is that the ethics commission didn't
02:13:35 understand why there was something about, you know, an
02:13:40 appeal other than to council, because normally, or it used
02:13:46 to be all appeals came before council, but they don't now.
02:13:51 So they might essentially end up at council if they don't
02:13:54 like the hearing master or they might end up in court.
02:13:57 So there was a section added to include the appeal to a body
02:14:05 other than council.
02:14:08 So that was that one.
02:14:10 And I think the language might need instead of a comma like
02:14:14 an "and" or an "or" put in there.
02:14:18 The penalties would reflect the annual expenditure
02:14:21 reporting.
02:14:22 I think that may have been an oversight, that the annual
02:14:25 expenditure reporting wasn't put in the language, that the
02:14:30 ethics commission received.
02:14:33 They did point out that although we expanded the language to
02:14:37 define relative to include the domestic partner language
02:14:42 from the ordinance that was passed both by the city and the
02:14:46 county, we left out grandparent, grandchildren, and engaged
02:14:51 couples in the new version.
02:14:53 So I think that was also just an oversight.
02:14:56 And the last one was just they wanted more time for the
02:14:59 ordinance to be put into effect.
02:15:02 That's kind of walking through -- I mean, basically, I agree
02:15:06 with all of their statements.
02:15:08 We just need a clarification on that hearing master and
02:15:12 appeals process language, and whether or not everyone agrees
02:15:15 about the 12-month constituting, you know, a time period,
02:15:25 and the first one, which is, you know, everybody is going to
02:15:28 maybe feel a little differently about whether you want to
02:15:31 retain the current language, you know, consideration of any
02:15:35 type by anybody, or tighten up the language to be a little
02:15:40 more specific.
02:15:40 >>MIKE SUAREZ: Mr. Cohen.
02:15:42 >>HARRY COHEN: So what I am hearing from you, if we were to
02:15:46 continue this for two weeks, is that we would come back with
02:15:49 version 2 of the ordinance, but council members would have
02:15:53 an opportunity if they wanted to pluck particular provisions
02:15:58 out of that or change something to do so at that time.
02:16:02 That way they have clarification.
02:16:03 >>LISA MONTELIONE: Uh-huh.
02:16:05 >>MIKE SUAREZ: Do you have something to say, Mrs. Hamilton?
02:16:09 >> Cop I clarify then for the lobbyist, the old definition
02:16:13 tore new definition?
02:16:14 Because that's been taken out of the second version.
02:16:15 >>LISA MONTELIONE: Well, it's got to be something that
02:16:20 individual members of council have to agree on.
02:16:22 I don't want to say whether I want in the or out.
02:16:25 Mr. Cohen is asking --
02:16:28 >> Okay.
02:16:31 Because they felt that the old definition was more
02:16:34 self-explanatory, for people to understand what personnel
02:16:41 are incorporated.
02:16:42 >>MIKE SUAREZ: They believe that the clarification was
02:16:44 easier in the old definition.
02:16:46 >> Correct.
02:16:47 And we do have a definition of principal in our ethics code.
02:16:50 >>MIKE SUAREZ: I got you.
02:16:54 >>LISA MONTELIONE: That's the one point write disagreed
02:16:57 with some of the things they said.
02:16:58 Pretty much I agreed on everything else.
02:17:00 >>MIKE SUAREZ: If you would like to be make a motion for
02:17:02 them to come back in two weeks, and I think in that two-week
02:17:05 period, please, anyone that has comments or questions, make
02:17:08 sure you make it known to Mrs. Hamilton, and when she comes
02:17:12 forward we will have a final draft that we can approve and
02:17:14 move forward.
02:17:15 Okay?
02:17:15 >>LISA MONTELIONE: Okay.
02:17:16 So we'll continue this then to the 20th of October.
02:17:24 Under staff reports.
02:17:24 >>MIKE SUAREZ: We have a motion from Mrs. Montelione, a
02:17:28 second from Mr. Maniscalco.
02:17:29 All in favor of that motion?
02:17:31 Any opposed?
02:17:32 Thank you, Mrs. Hamilton.
02:17:34 We appreciate it.
02:17:36 Up next number 99.
02:17:39 We are getting there.
02:17:40 Mr. Baird.
02:17:41 >>BRAD BAIRD: Good afternoon, council, Brad Baird, public
02:17:45 works administrator.
02:17:47 If I could get them in the back to pull up the presentation.
02:17:59 I know you have been waiting all day for this presentation.
02:18:02 (Laughter)
02:18:04 There we go.
02:18:06 So this is, I guess, the first of stormwater updates
02:18:13 specifically related to a motion.
02:18:21 Can I get it to come up on the screen in front of me?
02:18:39 >> We have it up here.
02:18:40 >> I will make do.
02:18:43 So this is a motion essentially to lay out how we prioritize
02:18:46 our projects for capital improvement plans, and how we will
02:18:54 manage those projects, manage the program as well as the
02:19:02 money.
02:19:02 So there were four questions set forth there.
02:19:06 I won't read those, but that's sectionally what the motion
02:19:09 was frigg to accomplish.
02:19:14 First I would like to quickly give a background.
02:19:19 We did develop a detailed capital improvement plan, and it
02:19:27 was done by prioritizing all the known flooding problems
02:19:32 that we have throughout the city.
02:19:34 That plan, that detailed plan was summarized no spreadsheet
02:19:42 and shown or included as appendix C of the initial
02:19:46 stormwater resolution number 2016-567 which was adopted by
02:19:52 City Council on July 14.
02:19:57 So
02:19:58 Before I answer the questions, those four questions, I would
02:20:04 like to go through how does the prioritize projects?
02:20:10 First of all the stormwater departments uses what is called
02:20:19 the Columbus prioritization model.
02:20:22 And it's a model that was modified for City of Tampa, and
02:20:31 its used to even the playing field, if you will, from
02:20:34 higher-cost projects, lower-cost projects, and the different
02:20:38 criteria or the different impacts that that flooding has.
02:20:43 And that is done using the following criteria.
02:20:47 And there's eight criteria listed there.
02:20:52 Health, safety, of property damage, frequency of occurrence,
02:20:57 of course, existence or condition of the system, number of
02:21:01 people affected, the economic development impact.
02:21:08 The leverage of funding.
02:21:13 Then finally the water quality benefits, in our case Tampa
02:21:19 Bay, Hillsborough River and other bodies of water.
02:21:22 We take those criteria.
02:21:24 And then they are prioritized using weight factors.
02:21:29 And then from there, they are plugged into a formula.
02:21:35 And we do that for every project.
02:21:40 And then we track all flooding complaints, and then we'll
02:21:45 update that list on a regular basis, based on the criteria,
02:21:49 based on the formula.
02:21:51 So I would like to go through criteria by criteria, if you
02:21:56 will bear with me.
02:22:00 And hit the highlights.
02:22:02 So the first one, health, safety and flood depth.
02:22:06 Obviously, if there are documented deaths, serious injury,
02:22:11 you are going to get more points.
02:22:15 Flooding, high risk are the same.
02:22:18 You will get a couple points less.
02:22:20 Moderate risk, flood depth of one to two feet.
02:22:24 If six points, low risk, 4 points.
02:22:28 Then it's just nuisance flooding that we get a lot of
02:22:31 complaints on, only 2.
02:22:37 The next one is potential property damage.
02:22:42 We haven't had the to one complete structural loss in a long
02:22:46 time, which is good.
02:22:47 But we have had the second one, structural damage.
02:22:51 We continue to have that.
02:22:53 If you remember last August, we had some in the North Tampa
02:23:00 area.
02:23:00 We had some in South Tampa as well.
02:23:06 They had structural damage where homes and garages have
02:23:09 water coming into their house.
02:23:11 And then loss of use of vehicles or significant vehicle
02:23:17 damage.
02:23:19 And we had quite a bit of that, as you know, last August as
02:23:23 well.
02:23:25 Erosion of land, street damage.
02:23:28 The points go down for that.
02:23:29 Then yard flooding which, you know, occurs throughout the
02:23:33 improvement areas.
02:23:36 And then if there is no damage associated and say what I
02:23:41 call bird baths in the street and it doesn't damage the
02:23:44 property.
02:23:45 You get no points for that.
02:23:52 So frequency of occurrence is next, and that one is
02:23:57 self-explanatory, for the more often it happens, the more
02:24:01 often this location floods, the more points you get.
02:24:10 And then we have existence or condition of the stormwater
02:24:14 system.
02:24:15 So if there's no system there whatsoever, or if it's a
02:24:20 closed basin, in other words, the water has nowhere to go,
02:24:25 you get the top scoring, you get ten points.
02:24:28 Poor coverage or it's an inadequate system, 8 points.
02:24:33 Good coverage but conditions failing, 6.
02:24:35 And then the last one if the system is undersized, 5 points.
02:24:44 The next one is number of people affected.
02:24:50 And that's self-explanatory as well.
02:24:53 The more people that are affected, the more points you get.
02:25:02 Economic development affected.
02:25:04 If you are no CRA area, and we want to support the
02:25:09 administration is supporting redevelopment in that area, it
02:25:13 only makes sense to give the highest points to trying to
02:25:18 resolve the flooding to support that redevelopment as well.
02:25:22 Other areas that are targeted for redevelopment but they are
02:25:25 not CRA, 8 points.
02:25:27 Untargeted areas, but property values are affected
02:25:31 widespread, 6 points.
02:25:34 Limited to a few houses, 3 points.
02:25:37 And then if you have strong property values regardless of
02:25:40 the problem, zero points.
02:25:45 So South Tampa would be a good example of that, in parts of
02:25:50 South Tampa.
02:25:54 Leverage of funding.
02:25:56 Basically, the more outside funding you get, the more points
02:26:00 you get to move you up the scale.
02:26:03 If you are getting 75.
02:26:04 If the city is able to obtain 75% or more, that project
02:26:09 becomes exempt.
02:26:10 We are going to go ahead with it.
02:26:14 And the last one is water quality benefits.
02:26:18 So if the projects, or the solution, I should say, includes
02:26:22 a new stormwater pond for treatment, it gets 10 points.
02:26:28 If other treatment opportunities, you know, in the system, 6
02:26:34 points.
02:26:34 And then if it's the flood relief only, it's zero points.
02:26:44 There are weighting factors associated with each of the
02:26:46 criteria. For those I multiply by the scoring of each
02:26:50 criteria.
02:26:53 And we take all that information project by project and plug
02:26:58 it into the formula, the prioritization formula.
02:27:04 I am going to take you back to your algebra days for a
02:27:10 second.
02:27:12 So we have a cost estimate range.
02:27:16 And then you have benefit indices that range, you know, in
02:27:22 this case with 73 to 284.
02:27:25 You know, after you do those calculations that you went
02:27:29 through.
02:27:30 And then so what Columbus did originally is they could
02:27:36 retain the consultant, and they had a very robust, I'll say,
02:27:43 over a 15-month period, process to come up with this
02:27:46 formula.
02:27:47 >>HARRY COHEN: This is Columbus, Ohio, correct?
02:27:52 So we are modeling based on what another city did.
02:27:56 >> Correct, correct.
02:27:58 But this one has become the gold standard throughout the
02:28:02 country.
02:28:02 >>MIKE SUAREZ: I thought the same thing.
02:28:07 So it's not from Columbus days.
02:28:10 So go ahead, sir.
02:28:10 >>BRAD BAIRD: Okay, thank you.
02:28:13 So what the Columbus team did is they developed an equation
02:28:19 whereby you have two unknowns.
02:28:22 And so they took, if you go down to the calculation part,
02:28:26 they took the bottom end of that curve and then the top end
02:28:31 of that curve.
02:28:33 and then they have two equations and two unknowns and they
02:28:37 solved that, and where they came out with -- this is Tampa,
02:28:43 it's part of our projects -- where the first coefficient
02:28:47 is --
02:28:50 >>CHARLIE MIRANDA: Excuse me, sir, I am not an engineer but
02:28:54 if you have every one that's known, how can you have two
02:28:56 unknowns?
02:28:58 >>BRAD BAIRD: No, that's just to develop the curve that
02:29:01 allows you -- if I can answer your question.
02:29:08 So you are essentially developing the continuum that
02:29:12 projects will be plugged into.
02:29:17 So again, the first equation is 73 equals an unknown, the
02:29:23 coefficient to be determined, because you are going to use
02:29:26 those coefficients later in this curve.
02:29:32 Plus the 7,000.
02:29:35 And that's times a B.
02:29:37 And in thousandths, obviously.
02:29:42 The other one you are using the end of that continuum.
02:29:45 So you have another equation with two unknowns, coefficients
02:29:48 that you need to define.
02:29:53 Then you plug one into the other and solve it and you get
02:29:56 the A --
02:29:57 >> I don't know about you but the simplicity of the noise
02:30:03 ordinance -- (Laughter).
02:30:06 >>BRAD BAIRD: Let me finish.
02:30:07 And then you have the adjusted value for the equation that
02:30:10 is correct we started with, ends up being when you plug
02:30:15 those coefficients back in, it's AB equals 72.4 plus CE or
02:30:20 the cost estimate times 0.0152.
02:30:30 Then you solve for the adjusted value and you divide by the
02:30:33 benefit index.
02:30:35 And then you multiply that by 100.
02:30:37 And it comes out the lower the score, the higher up it is on
02:30:41 the list.
02:30:42 The higher the priority.
02:30:43 That's how it works.
02:30:46 >>MIKE SUAREZ: Mr. Baird, make sure I am correct when I say
02:30:51 this.
02:30:51 The first two equations are just to start to create the
02:30:56 bottom and the top.
02:30:58 Okay.
02:30:58 Then once you put that in as part of the indices, you get --
02:31:04 is that the way of doing it?
02:31:06 >>BRAD BAIRD: Correct.
02:31:07 >> You got your degree from Florida.
02:31:11 I got my speaking degree from USF so I think we can agree on
02:31:14 this.
02:31:14 >>BRAD BAIRD: And if I could summarize this.
02:31:18 Maybe I should have done this at the beginning.
02:31:19 Let's say the cost estimate of the project is $100,000.
02:31:23 And these are planned obviously early on.
02:31:26 And the benefit index was 50 -- no, let's say it's 150.
02:31:34 So you would plug in 100 times .015, solve for the adjusted
02:31:45 value, take that adjusted value, and then divide it by the
02:31:48 150.
02:31:49 And so you end up with a cost benefit or a bang for a buck
02:31:54 number.
02:31:55 So, you know, the higher the prioritization number is, the
02:32:00 more bang for the buck again.
02:32:04 Is that better?
02:32:05 >>MIKE SUAREZ: Explained it better but I'm not sure
02:32:11 everyone understands.
02:32:12 Before you go let's make sure anybody who has questions now
02:32:15 are on the math portion of the exam.
02:32:18 Does anyone have any questions about it?
02:32:21 Okay.
02:32:21 >>CHARLIE MIRANDA: I have a statement.
02:32:26 All that being true, assume it's true, and you have a
02:32:30 problem 10, 15 miles away, where is the benefit?
02:32:38 >>BRAD BAIRD: No, see, the benefit would be the flooding
02:32:45 until those two projects.
02:32:46 The benefit would be through those eight criteria in that
02:32:50 area.
02:32:50 >>CHARLIE MIRANDA: That means you are going to fix a
02:32:53 project and move it to another project?
02:32:55 >>BRAD BAIRD: Yeah, we have 150 neighborhood projects, and
02:33:00 then the --
02:33:02 >>CHARLIE MIRANDA: Is anything calculated for the ability
02:33:05 of moving and resetting it from one project to another?
02:33:08 Because if not, that would be flawed.
02:33:10 >>BRAD BAIRD: Well, different contractors and some
02:33:14 in-house.
02:33:14 I'll come back and talk about what the next steps are.
02:33:18 But some will be handled in-house, some out-house.
02:33:22 So it may not be the same contractor.
02:33:26 When they finish one contract, if it is the same contractor,
02:33:29 yes, they move to the next project.
02:33:32 But this is just to determine the priority of the flooding
02:33:35 issue.
02:33:38 Any other questions?
02:33:39 I am going to turn it over to Sonya who hopefully will do it
02:33:44 much simpler.
02:33:52 Then we'll start answering the questions that are in the
02:33:54 motion.
02:33:54 Thank you.
02:33:58 >>SONYA LITTLE: Good afternoon Mr. Chairman, council
02:34:01 members, and proceeding to address the questions that were
02:34:03 asked in the motion starting out with how do they propose to
02:34:09 set up the structure by which they are going to manage the
02:34:12 stormwater projects and manage the moneys that are
02:34:14 associated with these projects, and what type of governance
02:34:18 are they going to put over the projects themselves?
02:34:28 Before you is a table that really lays out the flow for the
02:34:33 project management, and management of the stormwater project
02:34:38 program, both from a project management perspective and
02:34:42 funding management perspective is obviously a very large and
02:34:47 integral part of the entire construction contracting and
02:34:53 financing program for the city.
02:34:59 So what this guide does is to the far left, it provides the
02:35:03 major departments that will have duties associated with the
02:35:08 stormwater program.
02:35:10 So the major departments, project management team,
02:35:17 stormwater services, departments, planning and development,
02:35:20 contract administration, and revenue and finance all work
02:35:27 together with what's in the center design contract and
02:35:30 construction contract.
02:35:35 The financing, obviously we talked about quite a bit, will
02:35:39 be an integral part of it.
02:35:43 Revenue and finance, the city attorney and outside
02:35:47 consultants, and also the driving force in the annual
02:35:49 improvement assessment whereby all of those departments
02:35:55 participate in developing the roll certification document.
02:36:00 To the far right it's obvious everything we do under the
02:36:03 stormwater program as with any other program in the city has
02:36:06 to receive approval by City Council before moving forward.
02:36:15 Now, to funding, the management of the fund, we included
02:36:20 here both the service and the improvement assessment,
02:36:23 because both of those fees, those categories will be
02:36:27 collected and remitted to the City of Tampa by the
02:36:30 Hillsborough County tax collector.
02:36:33 When it is received from the tax collector into the city, we
02:36:39 segregate the funds accordingly.
02:36:41 So all the service assessment funds go into one coffer and
02:36:45 the improvement assessment funds will go into obviously
02:36:49 another because they have been itemized for separate
02:36:54 purposes.
02:36:54 If you take a look at the services assessment square, we'll
02:37:01 have both the fee and also the general fund subsidy that we
02:37:04 talked about will be needed to increase the level of service
02:37:06 for maintenance of our ponds, outfall and engineering.
02:37:16 And then on the improvement side we will have three primary
02:37:19 sources of funding.
02:37:21 Obviously the assessment itself, but also the general fund
02:37:26 will subsidize the program by funding the hardship program
02:37:31 that was approved as part of this program.
02:37:36 Expenditures will go directly to fund the project under the
02:37:41 programs, pay back the bond payments on an annual basis, as
02:37:45 well as funding the hardship programs and the general fund
02:37:50 subsidy.
02:37:52 Stormwater grants that we are able to secure, both the ones
02:37:56 that are in the pipeline and on an ongoing basis will go
02:38:00 into a separate fund, and be used for reimbursement back to
02:38:04 the city for the authorized project.
02:38:07 And then finally, obviously, the bond proceeds will go
02:38:10 directly to fund the stormwater project.
02:38:13 Now, even beyond those three funds, there are accounts that
02:38:18 are established so that every dollar coming into the
02:38:21 program, for example, for every project will have an
02:38:25 assigned account number so that based on the budget for that
02:38:29 particular project, all the fund coming in and going out can
02:38:33 be tracked as we do with all of our other projects within
02:38:37 the city.
02:38:39 Just a reminder that this is all part of our annual budget
02:38:43 process.
02:38:44 So on an annual basis, when the mayor presents the budget,
02:38:49 you receive part 1, and part 2 of the budget.
02:38:52 Part 1 is the operational side.
02:38:54 The part 2 booklet of the budget has all of the capital
02:38:58 improvement projects, so there will be a page for each
02:39:03 stormwater project for a five-year period.
02:39:07 In the part 2 booklet, with a description of the project,
02:39:11 the source of funding and the year in which that funding
02:39:16 comes online.
02:39:17 So quite a bit of detail on each individual project as a
02:39:21 part of the annual budget process.
02:39:24 So in addition to the budget process and the ongoing
02:39:27 briefings that we intend to have related to this program,
02:39:32 another reminder is that all of this is captured in our
02:39:35 annual financial reports, our CAPFR as presented, so in that
02:39:45 CAPFR we'll see what is expended under the program on an
02:39:48 annual basis as well.
02:40:10 >>BRAD BAIRD: The next question on the motion was, will the
02:40:12 mayor's office have a representative to oversee this?
02:40:16 The answer is yes.
02:40:18 Of that would be me.
02:40:22 So you are stuck with me for a while.
02:40:25 Hopefully for a while.
02:40:26 But here is how we will specifically manage this program.
02:40:33 There are four major departments involved.
02:40:42 I will go left to right starting with Bob McDonaugh's group
02:40:46 for economic opportunity, and specifically his planning and
02:40:50 development division.
02:40:52 Jean Duncan, who is the director of transportation and
02:40:54 stormwater services.
02:40:56 Mike Chocran, contract administration.
02:41:01 And Sonya Little for revenue and finance.
02:41:12 Going back to planning and development, Bob's group will
02:41:14 handle Tampa program, permitting, primarily right-of-way
02:41:17 permitting and property acquisition.
02:41:22 Jean's department will handle planning, design, grant
02:41:25 management and mitigation credit program.
02:41:31 Mike will handle procurement for design and construction
02:41:33 contract, contract management, and inspection of all the
02:41:37 projects.
02:41:44 Sonya will obviously handle the items she just went through,
02:41:47 but the fund management.
02:41:56 The last was how do we plan on organizing just going
02:41:58 forward.
02:41:59 So what I thought I would do is provide next steps.
02:42:03 We are hitting the ground running on these projects.
02:42:12 As you know we put quite a few on hold pending approval of
02:42:16 this capital improvement assessment.
02:42:20 So the first and biggest step is we need to execute the
02:42:23 capital improvement program.
02:42:26 We have to execute -- you know, we said what we would do,
02:42:31 and I said this before.
02:42:32 Now we have to do what we said.
02:42:35 So the second one is a request that City Council made to
02:42:40 select a consultant to perform a mitigation credit analysis.
02:42:45 The third is to prepare for the issuance of the first bond
02:42:49 issue FY 17.
02:42:56 Specifically, here are some of the next steps that we
02:43:00 initiated already, or are getting ready to, to initiate.
02:43:06 And the first thing is we are doing work orders to
02:43:11 consulting engineers, for design of the neighborhood
02:43:14 project.
02:43:15 If you recall, you all approved what's called the consultant
02:43:24 negotiations act which allows us to issue work orders as
02:43:27 part of that process.
02:43:29 We are also going to issue work orders to impact house
02:43:33 construction crew for shovel ready projects, and we have a
02:43:36 number of those ready to go.
02:43:38 We are going to issue work orders to contractors, to
02:43:46 contractors in particular, one of which you approved earlier
02:43:48 today.
02:43:50 Dallas Warren construction development.
02:43:54 That was the one Mike Chocran was on.
02:44:01 The lower was the flooding relief, the one where we decided
02:44:07 not to hold the grant on that and go ahead because it was
02:44:12 only a $600,000 effort and we needed to get a plan for that
02:44:17 lower peninsula.
02:44:20 We are going into the lower projects, to select design-build
02:44:24 teams for two of the projects, the Henderson Dale Mabry
02:44:27 project, and the Cypress street outfall project.
02:44:31 And so we can get those going.
02:44:35 And then we are going to proceed with property purchases for
02:44:39 the North Tampa basin, and then finally select the
02:44:44 consultant to perform a feasibility study for southeast
02:44:47 Seminole Heights flooding relief project.
02:44:50 And we had done the feasibility study for cypress and Dale
02:44:54 Mabry, and we have done the modeling work for southeast
02:45:00 Seminole Heights, the work that I am talking about, the
02:45:02 lower peninsula, but we have not done the feasibility study
02:45:05 yet.
02:45:05 We put it on hold until this was approved.
02:45:08 With that, I will turn it over to questions.
02:45:10 >>MIKE SUAREZ: All right.
02:45:13 Does anyone have any questions?
02:45:15 Of Mr. Baird or anyone else?
02:45:19 Yes, sir?
02:45:19 >> [Off microphone.]
02:45:22 >>CHARLIE MIRANDA: Besides that, are we saying that you
02:45:25 will never see that again?
02:45:29 >> What, the lady on the bike?
02:45:33 Well, unless you want different pictures on the update.
02:45:36 >>CHARLIE MIRANDA: Are we saying -- I voted against it
02:45:44 because 251 million doesn't solve that problem.
02:45:47 >>BRAD BAIRD: That's one of the yellow dots that we will be
02:45:50 solve, yes.
02:45:50 >>CHARLIE MIRANDA: It will never solve that problem with
02:45:53 251 because you never can control the amount of water that's
02:45:56 going to come from down, up, to down.
02:45:59 >>BRAD BAIRD: It will solve the --
02:46:04 >>CHARLIE MIRANDA: A minor sprinkle but not solve coming in
02:46:07 the east coast of Florida.
02:46:08 >> Well, it will solve more than minor.
02:46:11 >>CHARLIE MIRANDA: Well, minor compared to what's over
02:46:15 there.
02:46:15 I am not trying to be -- and then one other thing.
02:46:18 And this is not at you, sir.
02:46:20 Believe me, don't take it from you, but I have never seen
02:46:23 the City of Tampa from day one -- the first part, and leaves
02:46:31 you out, too.
02:46:32 But I have never seen one individual get ticketed for
02:46:37 blowing anything off the street from the part of a car to a
02:46:42 tire to a 2-by-4 to grass.
02:46:45 It might be, but I don't know of any, that it's creating a
02:46:48 much higher cost at the end of the plant, the Howard Curren
02:46:52 for electricity or chemical, and I don't know who is
02:46:57 responsible for issuing those things or if there's any
02:47:00 patrols, eyes of different departments that do it.
02:47:03 And I am not trying to be comical.
02:47:05 I just look this way.
02:47:07 And understand what's going on because I just don't see it
02:47:10 coming.
02:47:10 >>BRAD BAIRD: We are working on this issue with code
02:47:12 enforcement.
02:47:13 It's a very difficult issue as you know.
02:47:16 By the time you get out there, they are gone.
02:47:17 >>CHARLIE MIRANDA: If you run in the streets you will be
02:47:24 there.
02:47:24 >>BRAD BAIRD: It's really difficult to police that.
02:47:28 We already --
02:47:30 >>CHARLIE MIRANDA: Again not at you or Mrs. Little.
02:47:33 They usually mow grass from February to November.
02:47:37 So they can take three months off.
02:47:39 >>MIKE SUAREZ: I wasn't sure if you were volunteering to be
02:47:47 one of the officers or if you are going to meet whenever the
02:47:49 administration to beef up code enforcement efforts.
02:47:52 >>CHARLIE MIRANDA: No.
02:47:53 All you have to do is drive the streets.
02:47:55 >>BRAD BAIRD: Yes, it is a problem.
02:47:57 I have turned in a few myself.
02:47:59 >>CHARLIE MIRANDA: Every department in the city from
02:48:03 contract administration, from treatment plants, nobody calls
02:48:07 in nobody.
02:48:09 I guess they are under that secret plan.
02:48:11 Don't see and don't tell.
02:48:12 >>MIKE SUAREZ: Okay, anything else are? Any other
02:48:18 questions?
02:48:20 Mr. Baird, thank you so much.
02:48:22 We appreciate it.
02:48:23 Okay.
02:48:23 We are on number 101.
02:48:25 We have cleared the agenda of number 100.
02:48:30 And who is here?
02:48:31 I see Mrs. Duncan.
02:48:32 Are you here to appear on this particular issue?
02:48:36 No?
02:48:39 Never mind.
02:48:40 >> I move to remove this.
02:48:43 >>MIKE SUAREZ: Yes, you did.
02:48:44 I apologize.
02:48:45 Okay.
02:48:46 Next up, information reports from our members, new business.
02:48:49 Mr. Miranda.
02:48:50 >>CHARLIE MIRANDA: I have two small ones here.
02:48:53 Very important, but for me to speak about.
02:48:56 I would like to make a motion to present Spencer Robert
02:49:00 Jenkins the completion of requirements for Eagle Scout.
02:49:04 He's done many things, but one of them, he built a
02:49:07 concession stand at Christ the king Catholic church known as
02:49:11 king's cafe and took over 250 man hours.
02:49:14 He was supported by 3672 other scouts and fathers and family
02:49:18 members, and he received his Eagle Scout ranking when he was
02:49:23 still 16 years old.
02:49:24 >>MIKE SUAREZ: That's very admirable.
02:49:29 I have a motion by Mr. Miranda.
02:49:30 Second from Mr. Maniscalco.
02:49:32 All in favor of that motion please indicate by saying aye.
02:49:35 Any opposed?
02:49:37 >>CHARLIE MIRANDA: I also move to make a presentation,
02:49:39 commendation to Mindy Snyder, cable TV manager, who retires
02:49:44 tomorrow after 31.5 years of service to the City of Tampa
02:49:48 and I will be presenting this to her tomorrow at the
02:49:50 farewell.
02:49:51 >> Second.
02:49:52 >>MIKE SUAREZ: Motion by Mr. Miranda.
02:49:53 Second by Mr. Cohen.
02:49:54 All in favor of that motion indicate by saying aye.
02:49:56 >>CHARLIE MIRANDA: Thank you, sir.
02:49:59 >>MIKE SUAREZ: Mr. Reddick.
02:50:00 >>FRANK REDDICK: I have two items I want to bring up.
02:50:04 But --
02:50:06 >>MIKE SUAREZ: Do you want me to come back to you, sir?
02:50:09 >>FRANK REDDICK: No.
02:50:10 What happened to 101?
02:50:11 >> That's the red light ordinance.
02:50:14 >>MIKE SUAREZ: It was carried over from the last.
02:50:18 >>CHARLIE MIRANDA: [Off microphone.]
02:50:28 >>FRANK REDDICK: When was it passed?
02:50:30 >>MIKE SUAREZ: It was the meeting before the last meeting.
02:50:34 And because the ordinance was passed, this particular item
02:50:38 became moot.
02:50:43 Because this had to do more with the extension -- excuse me,
02:50:46 the renewal as opposed to the extension.
02:50:49 >> It passed 4 to 3 if I recall.
02:50:56 >>MIKE SUAREZ: Any other new business, Mr. Reddick?
02:51:02 >>FRANK REDDICK: Well, I don't know of any.
02:51:06 (Laughter).
02:51:08 >>MIKE SUAREZ: That is two and a half week old business.
02:51:11 >>FRANK REDDICK: All right.
02:51:13 New business.
02:51:14 First item is I am going to bring up is that the Board of
02:51:17 County Commissioners yesterday voted on marijuana, and I
02:51:33 spoke with the legal department, and I am going to put a
02:51:35 motion in effect, and it's only for Hillsborough County
02:51:38 unincorporated area, I am going to ask that the legal
02:51:41 department draft a motion, an ordinance, and present it to
02:51:45 council on October 20th, to establish a moratorium, or
02:51:51 say abatement, similar to what we have with the county
02:51:59 commission.
02:51:59 >> Second.
02:52:00 >>MIKE SUAREZ: Motion by Mr. Reddick.
02:52:02 A second from Mr. Cohen.
02:52:04 Discussion?
02:52:04 >>LISA MONTELIONE: Yes, thank you.
02:52:10 So you are asking for a moratorium, not abeyance.
02:52:15 Is there a time period where this would come back for
02:52:18 discussion?
02:52:25 August 20, next year?
02:52:27 >>FRANK REDDICK: This year.
02:52:28 I mean October.
02:52:29 >>LISA MONTELIONE: You said August.
02:52:30 >>FRANK REDDICK: October 20.
02:52:34 I don't know why I said August.
02:52:37 October 20th.
02:52:38 And legal department to look at abatement, a moratorium, and
02:52:48 I think everything is correct.
02:52:49 >>MARTIN SHELBY: It's 180-day period.
02:52:53 >>LISA MONTELIONE: I just wanted a clarification because I
02:52:59 saw August.
02:53:01 >>FRANK REDDICK: I'm glad you brought that up.
02:53:05 >>MIKE SUAREZ: Mr. Cohen.
02:53:07 >>HARRY COHEN: So the reason I seconded that and support
02:53:10 it, if you remember the conversation that Mrs. Grimes had
02:53:13 with us a couple of years ago, we, depending on what be the
02:53:18 laws are going to be, we need some time to figure out where
02:53:20 we are going to put these things and how we are going to
02:53:23 work it and I think it's a great idea.
02:53:25 >>FRANK REDDICK: Basically what the commission did, to make
02:53:32 sure it's nowhere near schools, or some of these places with
02:53:38 kids.
02:53:38 >> Not to mention you never know finance the legislature is
02:53:43 going to deal with it.
02:53:44 Motion on the floor from Mr. Reddick.
02:53:46 All in favor of that indicate by saying aye.
02:53:49 Any opposed?
02:53:50 Anything else, sir?
02:53:51 >>FRANK REDDICK: One last item.
02:53:54 I am going to make a motion to request the legal department
02:53:58 to draft an ordinance for all City of Tampa contracts to
02:54:02 include language with MBE and everything with MBE, contract
02:54:11 with City Council, the contract should not be approved
02:54:14 unless there is MBE and asking them to report October
02:54:25 20th under staff reports.
02:54:26 >>MIKE SUAREZ: Motion by Mr. Reddick.
02:54:30 Second from Mr. Maniscalco.
02:54:31 Any questions, comments?
02:54:33 If not, all in favor indicate by saying aye.
02:54:35 Any opposed?
02:54:37 Okay.
02:54:37 Anything else, sir?
02:54:38 That was it.
02:54:39 Mr. Cohen.
02:54:39 >>HARRY COHEN: Just one item, Mr. Chair.
02:54:42 I would like to ask for a commendation to be presented to
02:54:46 Planned Parenthood celebrating their 100th birthday on
02:54:51 October 16th.
02:54:51 >> Second.
02:54:55 >>MIKE SUAREZ: Motion from Mr. Cohen.
02:54:56 Second from Mrs. Montelione.
02:54:58 All in favor of that motion?
02:55:00 Any opposed?
02:55:02 Thank you.
02:55:03 Anything else, sir?
02:55:04 >>HARRY COHEN: I just wish everybody safety in the storm.
02:55:08 I know all of our prayers are with our fellow citizens that
02:55:15 will be on the east coast and evacuating, and also with the
02:55:17 people in Haiti and Cuba who have really been decimated by
02:55:21 this really, really bad storm.
02:55:23 >>MIKE SUAREZ: Thank you, sir.
02:55:25 Mr. Maniscalco.
02:55:25 >>GUIDO MANISCALCO: Thank you very much, Mr. Chairman.
02:55:28 I would like to ask council to present a commendation to
02:55:31 Jeanette la Russo Fenton to be given upon her retirement,
02:55:36 which is obviously coinciding with our regular council
02:55:38 meeting on December 1st.
02:55:39 Of course, you know she's been with the City of Tampa 21
02:55:43 years.
02:55:44 Before that Hillsborough County.
02:55:45 She's very well loved and dedicated herself to be the
02:55:48 service here.
02:55:49 So that's that.
02:55:50 >>MIKE SUAREZ: We have a motion from Mr. Maniscalco, a
02:55:55 second from Mrs. Montelione.
02:55:56 All in favor of that motion?
02:55:58 Any opposed?
02:55:59 Thank you.
02:56:00 Anything else, Mr. Maniscalco?
02:56:02 Mrs. Montelione?
02:56:04 >>LISA MONTELIONE: Along the same lines as Mr. Cohen, I
02:56:06 know I got two messages on with the mayor's voice on my cell
02:56:14 phone yesterday asking me to go to Alert Tampa and update my
02:56:17 information.
02:56:19 So I would like to remind everyone as the storm is
02:56:24 approaching that we do have a service called "Alert Tampa."
02:56:28 You can find it on our website.
02:56:30 It's on Twitter and on Facebook.
02:56:32 Just "Alert Tampa."
02:56:34 It provides updates to storm information, to closures, to
02:56:40 sandbags, and necessary information that people might need.
02:56:44 And please don't take this flippantly.
02:56:47 This is a cat 4 that they are predicting.
02:56:51 I have got a few relatives headed my way who are hard headed
02:56:56 who don't want to leave and I am trying to tell them, no,
02:56:59 you must leave, because we haven't been hit in a long time.
02:57:03 But from all intents, what it's going to like it's going to
02:57:09 hit this time.
02:57:09 >>MIKE SUAREZ: Absolutely truly.
02:57:11 And I will say in my profession, in the insurance business,
02:57:13 I have been watching the weather all week, and it is a very
02:57:16 bad storm, and we are hoping that it doesn't hit as badly as
02:57:20 it looks, because it looks awful.
02:57:23 Mr. Miranda?
02:57:24 >>CHARLIE MIRANDA: Well, I know you got a call from the
02:57:30 mayor.
02:57:31 >>MIKE SUAREZ: And any two more voice mails.
02:57:34 >>LISA MONTELIONE: That means are you are not signed up for
02:57:36 Alert Tampa.
02:57:37 >>MIKE SUAREZ: I am.
02:57:38 Itch got a voice mail.
02:57:39 >>LISA MONTELIONE: It's a robo call so don't get excited.
02:57:43 >>MIKE SUAREZ: Motion to receive and file.
02:57:45 Mr. Cohen, Mr. Maniscalco.
02:57:47 All in favor?
02:57:48 Is thereby anyone in the general public that would like to
02:57:51 speak at this time?
02:57:51 If not we are adjourned.
02:58:26 (City Council meeting adjourned.)
02:58:32
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