Tampa City Council
January 23, 2003
9 a.m. Regular session
Part 1 of 2
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>>Charlie Miranda: City Council is called to order.
The chair yields to Mr. Bob Buckhorn.
>>Bob Buckhorn: thank you, Mr. Chairman.
It's my pleasure today to introduce another one of our Tampa Police Department chaplains, the Reverend charles shaw, for the invocation.
I would ask everybody to rise for the Pledge of Allegiance as well.
Reverend shaw.
>> May we pray, please?
Our gracious Heavenly Father, we thank you for another day that you've given to us.
Lord as today these men and women that you have said in your holy word that they are ministers of thee for good as they ponder the business of the City of Tampa.
We pray that you would give them godly wisdom and decisions that will be made and godly wisdom in the business of the day.
We thank you, lord, for our city.
We thank you, our father, for being an american and the freedoms that you give to us.
And again, we ask that you bless us today.
Give us safety.
In jesus' name that we pray.
Amen.
(Pledge of Allegiance).
>>Charlie Miranda: roll call.
>>Linda Saul-Sena: here.
>>Shawn Harrison: here.
>>Gwen Miller: here.
>>Rose Ferlita: here.
>>Bob Buckhorn: here.
>>Mary Alvarez: here.
>>Charlie Miranda: here.
Good morning, Ms. Rose.
City department heads and city employees.
Morris Massey.
How about that?
Mr. Massy is first up today.
Batting close to .400.
>> thank you.
Morris Massey, Legal Department.
A couple of items in connection with unfinished business item "a," that's the vacating petition c 02-23.
City Council requested last week that the Legal Department add a condition guaranteeing access to all property owners on that block and I have the ordinance with that condition in it.
And it's ready for first reading today if you want to move on that.
>>Linda Saul-Sena: thank you.
I wanted to ask a question.
Mr. Massey, does what you wrote address whether the property owner is allowed -- our goal, of course, is to allow this alley to be used.
>>Morris Massey: correct.
>>Linda Saul-Sena: can the property owner charge for the use of it?
>>Morris Massey: what I put in the ordinance, I reserved a private access easement that ran in favor of all property owners that own property abutting the the vacated alleyway.
>>Linda Saul-Sena: excellent.
That's perfect.
Thank you.
>>Morris Massey: the second item quickly is item 61.
It's an ordinance renaming a portion of Columbus drive to jim walter drive.
Apparently signs were already made up.
We were told that it should be renamed jim walter drive.
It's actually jim waller Boulevard.
The ordinance calls it jim walter Boulevard.
So I would like to substitute this for item 61.
>>Charlie Miranda: motion by Ms. Alvarez for substitution.
Second by Ms. Saul-Sena.
Further discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
Mr. Buckhorn.
>>Bob Buckhorn: Mr. Chairman, I’m sorry.
Mr. Massey, I thought we had number of months ago decided that we were going to establish a process by which these types of ceremony -- ceremonial renamings took place.
No disrespect to Mr. Waller.
>>Morris Massey: this is actual renaming of a street.
This is done by ordinance, so it will be recorded.
This portion will actually be renamed.
There won't be an additional sign there -- sign there.
>>Bob Buckhorn: that process that we were intending setting up apply to that as well?
>>Morris Massey: it really has not -- to be quite honest with you, we have not since we had a discussion before City Council, staff has not really, I don't think, come back for a process for City Council to review.
But we've not had any more ceremonial renaming of streets.
There's this and other ordinance before you for second reading.
Actual renaming of the streets.
They are not ceremonial.
>>Bob Buckhorn: and this was initiated by the administration?
>>Morris Massey: yes, it was.
>>Charlie Miranda: Ms. Alvarez.
>>Mary Alvarez: thank you.
Mr. Massey, I wanted some direction on that one, too.
Because I’ve had some people that have been wanting to do some honorary street naming.
This kind of puts in a little bind as far as --
>>Morris Massey: again, this is not ceremonial.
This is actual renaming of a street.
Now, Mr. Cook and Mr. Snelling were supposed to get together and come up with some criteria, you know, if you all want to schedule or ask that they come back and I’ll get together with them.
They were the ones willing to work on that I think at some point in time.
>>Mary Alvarez: I understand no disrespect to this one, but it just kind of, you know, people just don't know that this is a little private deal.
>>Morris Massey: understood.
>>Mary Alvarez: but it just does kind of put us in a bind when people want to do it and we can't tell them --
>>Morris Massey: I understand what you're saying, Ms. Alvarez.
>>Mary Alvarez: all right.
Thank you.
>>Charlie Miranda: Ms. Saul-Sena?
>>Linda Saul-Sena: that I think even though this isn't ceremonial, it's real.
I think it should go through the same process of some level of scrutiny.
So why don't we not move ahead on this until we -- the sign is already up.
>>Mary Alvarez: excuse me, I’m sorry.
>>Linda Saul-Sena: I’m really raising the issue.
Mr. Buckhorn, I appreciate your bringing this up.
I thought we had developed a criteria and whether it's ceremonial or real, it's the renaming of a street and we normally have a process for it.
>>Mary Alvarez: I think the signs have already been made up and that's what I heard because when I saw this --
>>Charlie Miranda: let me say this before we get any further and you can blame the chair for anything you like.
But I had to leave two weeks ago, whatever it was, that one of these came up.
The Mayor asked me to go downstairs to discuss some water issues with the County and so forth and other interested parties.
We had one on the agenda two weeks ago called st. Pete forum.
Drive or something like that, on channelside.
And that would catch much debate.
I don't know why this one is catching the debate.
I agree with all that's said.
But certainly didn't happen two weeks ago when we had the st. Pete drive.
So my feeling to compromise this whole issue is let's let this one go and let's set the standard.
I don't think we've given all the direction that the administration really needs.
We said one thing and then maybe they took it just for that one item and not -- actual naming of a street.
My personal feeling, I don't like to name anything that's already been named.
In fact, my personal feeling is, you got Columbus drive and then you got boy scout Boulevard.
How would you like to be a tourist in town getting out of the airport, take boy scout Boulevard and go downtown.
All of a sudden you're on Columbus drive and you think you're on the wrong street.
Or take Columbus drive to get to the airport.
You look up, my god, boy scout Boulevard, I’m going the wrong way.
It's very confusing the way this city is laid out.
When we go down to miami, you look at southwest 27th, you see southwest 27th Avenue, fernandez drive, maria Boulevard.
You don know where you are at.
You have three names on one street.
Believe me, that's fact.
I've been there and I’ve seen it.
If I didn't know where I was at, I would be lost.
So these are the things that we're taking the same little thing, little by little, one at a time, and we're going to get to like miami, lost.
We're lost already.
Can't get from one side of town to the other because of the streets.
They don't jive.
They have different names.
But that's another issue.
So I ask to, please, let's just get this one by.
Tell the administration exactly what direction we want so that they can say this is what we got to adhere to, whether it's the naming of the street or the cursory of a street, whatever you want to call it.
That's just my thing.
That way, it's beyond us.
It's past us and we go forward.
Mr. Buckhorn?
>>Bob Buckhorn: Mr. Chairman, I think for discussion sake, obviously all of us are proud of what jim walter did.
He put us on the map as a corporate headquarters.
Let's just move forward with this.
What I don't want to see is in the waning hours of this administration that we end up, you know, renaming things for friends and family and relatives and so we need to set a process by which there is a process so that this process of the renaming of potential streets ceremonial or otherwise is fair.
It's open, and it comes with the due deliberation that it is warranted.
I'm like you, Mr. Chairman, let's just move this thing forward and then, you know, make a motion that we establish a process and that we all agree on it and set it in concrete and move on from there.
>>Charlie Miranda: let's do this.
Ask this to come up in the committee it's in.
When it's here, we'll discuss it under Ms. Saul-Sena's committee.
We'll certainly discuss it then, if I may.
Cathy coyle.
Have your questions been answered by --
>> yes.
>>Charlie Miranda: that's what I thought.
You had here 10 minutes.
I'm nine minutes ahead now.
Thank you very much.
Yes, we have to read the ordinance.
No, I said we were going to take it up -- item a.
>>Shawn Harrison: move an ordinance vacating, closing, discontinuing and abandoning a certain right-of-way, all that platted alleyway lying in a block bounded on the north by east 5th Avenue, south by east 4th Avenue on the west by republica de cuba street, on the east by 15th street in map of je mitchell subdivision of leslie subdivision of east Tampa a subdivision located in the City of Tampa, Hillsborough County, Florida, same being more fully described in section 1 hereof.
Subject to the reservation of certain permanent easements and imposition of certain conditions as more particularly described herein, providing an effective date.
>>Charlie Miranda: motion by Mr. Harrison.
Second by Ms. Alvarez.
Further discussion by council members on item "a"?
All in favor, aye.
[motion carried unanimously]
Thank you very much on that one.
Okay.
We are now -- any other city department head or city employee at this time?
We're on Item Number 1, Ms. Grimes.
>>Mary Alvarez: yes, Mr. Chairman, I asked if we could have a small five-minute CRA meeting to pass an ordinance -- resolution.
>>Charlie Miranda: can you give me to 10:00 in the morning and we'll do it at 10:00?
>>Mary Alvarez: sure.
>>Charlie Miranda: before Ms. Grimes comes up, i'd like to take this opportunity to ask all of us here in the audience, a moment of silent prayer for a council member.
>>Bob Buckhorn: Mr. Chairman, we appreciate this, and we know what your relationship is with that individual and what a good friend he was to you.
If we could have a moment of silence for council member eddie caballero who recently passed away.
Someone who we all knew and loved and somebody who meant a great deal to this city.
Thank you.
And Mr. Chairman, our thoughts and prayers are with you and your family as well.
>>Gina Grimes: Gina Grimes, Legal Department.
I'm here regarding Item Number 1.
Last week you asked that I come back today to address you regarding the issue of whether the precursor to illicit drug activity ordinance should be limited in application to certain geographic areas or whether it should have a citywide application.
And this morning, after conducting a substantial amount of additional research, I am recommending that the ordinance be applicable citywide.
And i'd like to just briefly explain why and the way in which the ordinance has been revised.
And I’ll try to be quick about it.
If you recall the benefit to the limited geographic application was the statistics -- statistical analysis conducted by tpd showing in certain geographic areas there are much higher incidents of illicit drug activity than other areas.
We thought that the benefit we would derive from that analysis is that we would be able to further support the inference created when a precursor act is committed in certain geographical areas.
The disadvantage to it was some of the issues and concerns that you heard last week, one of which was racial profiling.
Even though I think that that allegation is unfounded, the fact remains that potential attacks could be made on the ordinance on that basis if it's limited in geographic applications.
So what I did was revise the ordinance.
And i'd like to just quickly direct your attention to page 4, section 14-69 dealing with enforcement.
And what I’ve tried to do is to tie in the benefit that the statistical analysis gives us in the way that the ordinance is enforced.
So we will still be able to derive a benefit from the fact that we know that in certain areas illicit drug activity occurs on a much higher basis.
And as you will see in the enforcement section dealing with when an officer makes his determination as to whether a precursor act was committed in connection with illicit drug activity, you will see that Item Number 2, he should consider the history of the location and the area including -- and this is the language I’ve added -- including statistical analysis regarding illicit drug activity in the area.
And then to go one step further on page 5, subsection "e" at the top, what we've require as part of this ordinance is that every year, tpd conducts their statistical analysis relating to illicit drug activity and provides that statistical analysis to the Police Department so that they can rely upon that whenever there's a determination made, a precursor act was connected in connection with illicit drug activity.
They have the statistics to back up why they could make that assumption that it was related to drug activity because the high incidents in certain areas.
So with those changes, I am recommending it for first reading today.
The clerk has a copy of the ordinance.
And the only other issue you May want to address is if we do, in fact, have a night meeting on this subject.
You mentioned at the last meeting that that May be something you wanted to consider.
>>Linda Saul-Sena: just a real quick question on page 5 where it says that an individual is allowed one warning prior to citation.
And I wondered logistically how the officers will be able to track that.
>>Gina Grimes: we are -- tpd will use the same process they use for trespass warnings.
That's commonly issued a warning as required under statute for trespass.
And they will follow that same process.
Where they issue a written warning and it's documented, and it's kept on file for one year.
>>Charlie Miranda: Ms. Miller?
>>Gwen Miller: Ms. Grimes, so you're saying that everybody is going to get a warning.
Nobody will really get arrested on the spot at that time.
>>Gina Grimes: that's correct.
A written warning is required before a person can be arrested under the ordinance.
So they are warned once that their acts or precursor acts are in violation of the ordinance.
The next time they commit that precursor act, they'll be subject to arrest.
>>Charlie Miranda: now, if they are there when they make a sale, they cannot arrest them right then?
Still have to give them an ordinance.
>>Gina Grimes: under this ordinance they would -- sorry, under this ordinance, they would have to issue a warning before they could arrest him.
>>Gwen Miller: before they arrest him.
They can have a sale and not get arrested.
>>Gina Grimes: if it's a sale and it's a violation of chapter 893 dealing with the sale of controlled substances, they could make an arrest under that statute if all the elements of that statute are met.
>>Charlie Miranda: anyone else?
Mr. Buckhorn.
>>Bob Buckhorn: Mr. Chairman, I think we saw in a very visible fashion last week and heard some heartfelt cries for help from the community.
And we understand that there are some issues that folks May have been concerned about.
I think Ms. Grimes has addressed them, the Citywide application I think goes even a step beyond even where we felt comfortable defending it in the first place.
But if that makes a community more comfortable, I think it makes sense, certainly as one council member, I am prepared enthusiastically to move on this ordinance.
And I think it will provide those members of our community who live in neighborhoods that are under siege from drug dealers a little bit more relief and one more tool for our police officers to go out there and do the job that we all want them to do.
And thank you, Ms. Grimes, for a great job.
>>Charlie Miranda: thank you, Ms. Grimes.
Since I would imagine it will go on first reading and pass, even though public debate usually is between the first reading and the second reading, I’m going to ask anyone who cares to speak on this subject matter, they are certainly entitled to.
>> Mr. Chairman, Dick Greco, I was coming to talk about jim waller Boulevard.
I apologize for some -- for some maybe not understanding this one.
I do agree, I understand before I came in, you want some set policy naming streets.
I think that's an excellent idea.
Some of you were here before when we changed the name of streets and it caused a lot of problems and when you want to honor someone and usually someone you want to honor when you change a street, we shouldn't go through that type of thing.
I think it's a bad, bad for the families.
We've done it several times.
I would suggest that whoever brought that up maybe you explore the fact that in the process of naming any street or anything of that nature for someone that we have some process in place where we go over it and not cause a problem that we've had in the past.
Having said that, I don't have to sell you all on jim walter and jim walter corporation.
Great guy.
Probably one of the first corporate offices of any size that was in Tampa and many came later like metropolitan life and others.
And then he helped us so very much.
Wonderful guy, a giving person who started in plant city.
Anyway, to make a very long story short, we searched around the old building to find something that we could name after jim.
And there really wasn't anything.
We thought of a park across the way.
Jim walter corporation, as you know, has been relocated to where we're talking about now.
They came to me and together what could we do, and they said, how about this street?
I would have come to each of you, except that as we moved along on this, they wanted to say something at the opening that we would do it.
Number one, the street goes from boy scout Boulevard down to Westshore.
There's no one with an address on that street except a hotel that's coming, which has been talked to and one rental building.
But the real crux of the matter is, we don't own the street.
It belongs to the aviation authority.
That's why the mix-up.
The reason we're coming to council, in order to register as a 911 street, it's a formality really.
The aviation authority has voted unanimously to do it.
All we're asking you to do this morning is to endorse that basically so when you call 911, it's a registered street.
But I had not really thought of what you all brought up earlier, but I think it's an excellent idea that some kind of process be put in place for future.
Because this will happen probably for years to come.
Might be --
>>Charlie Miranda: I’m going to make sure that doesn't happen and leave it in the will.
>>Mayor Greco: anyway, that's what it is about.
I'd appreciate -- I know every one of you has been -- been around any time knew jim personally.
He was my personal friend and personal friend of many of you on the council.
Since he's left us, there have been many more corporate offices in that area, most of whom were his friend.
You May not remember, some of you that weren't here, but jim bought that original piece of land -- not bought it, got it from the aviation authority where the international mall is today.
When they cleared the property, nobody wanted that piece of property.
Believe me, it was just all palmettos and junk.
Couldn't give it away hardly.
He built a golf course.
We thought that would be wonderful.
Golf course next to the airport.
We had that little old airport across the street that looked like a barracks before we built the new one.
They killed nine rattlesnakes when they cleared that property.
When I drive by there today and think of what that was, we've come a long, long way.
Look at that mall, look what has generated around it.
Building everywhere, people moving in.
Metropolitan life came later, so forth and so on.
I'm sorry we didn't come earlier.
It's not our street, we just need to endorse it.
>>Charlie Miranda: i'd like to ask one favor of you, Mr. Mayor, usually I do this --
>>Mayor Greco: you want me to wear black?
>>Charlie Miranda: no, no.
I'm glad palermo is not wearing a tie.
That same building on jim walters on Dale Mabry and the interstate, see if you can have yourself or someone on your administration see if we could use that for tactical training for the fire and police.
They've asked me for it.
And I appreciate it if you could help us and assist for their training mechanism before that building is torn down.
>> the one coming up or down has been up in the air for a while, basically.
I think it would be great.
It's amazing when you stop and think of a building like that that at one time to us was such a, wow, look at that building and we tear it down.
It's hard to believe we've come to that place.
But you're going to see probably a lot more of that.
To me, that's a big building.
>>Linda Saul-Sena: Mr. Honor, in honor of the fact that you're here today and in honor of the fact that all of us have lived long enough to see the bucs enter the super bowl, wouldn't you like to say something about it?
Say something about the bucs and the super bowl.
>>Mayor Greco: well, I just don't think you can measure what this means.
Yesterday, honestly, I was wondering.
I was in the university club doing an interview about this.
And for some reason, my eyes went to the end of the peninsula at MacDill air force base.
And all of us know what's going on there and who is there.
We're basically have 44 nations that are helping us in a war to save the world, basically.
We know that and that's not a pleasant thing, but it's certainly a necessary thing.
And we think less about those types of things than we do football because maybe it's something that uplifts everybody, it makes us happy.
And in today's world, we need some things to make us happy.
I don't think you can measure what this means to our community.
I mean, people are wild about that.
I don't know whether you heard or not, jimmy and I walked to lunch yesterday for two and a half blocks.
And every single person coming back said something about the buccaneers, including the a homeless guy and another one came up and said, I tell you why they are going to win.
I'm going to show you.
We stood there and watched him do some sort of a voodoo dance.
Jumped up and down -- I felt a little -- feathers in one hand.
He was screaming and hollering.
Whatever works.
Win, lose or draw, Monday evening, they are coming back 7:30 or 8:00.
They are going to let people know, and they can come to the stadium.
Glad it's that time of day rather than when people are working.
If you want to go greet them.
What happens after that has to be determined in the next day or two.
The glazers are so excited that malcolm is smiling hour or two a day now.
[ laughter ]
It's really unbelievable to see that.
He's having a good time.
As you know, it's just -- he's not a real outgoing guy.
But they did bring us a super bowl in five years, so we're all happy for them and happy for our community.
Charlie was telling me yesterday, he said, I’m happy for Tampa, and he means that.
We all are.
And let's hope they win and do what we can to cheer them on on Sunday.
>>Charlie Miranda: I have Ms. Miller and Mr. Buckhorn.
>>Gwen Miller: make another bet.
On this bet, I want to taste the cake -- make another bet so I can get something from the next one.
>>Mayor Greco: we're going to bake a bet and probably a little more elaborate than the last one.
Some hotels have offered rooms to Mayor brown and some restaurants.
So we'll let him come and visit.
I hate to tell you all, some of you, I think, bob, you went up to school there.
When I read the list, I didn't want to appear ignorant, but I read "sCRApple" and I didn't know what that was.
So I didn't say anything until I came back in the office.
This is a true story.
And I said, don't say anything to anybody, but what is that?
So a couple of them got on the internet and said, you need to read this.
And I’m sorry I did.
It said it's made of parts of mostly pigs heads, grizzle, eyelids, gums and then the next paragraph said and many other unmentionables of hog.
What could be worse than that?
>>Gwen Miller: if you don't want it, I’ll take it.
I'm used to it.
>>Mayor Greco: you like it?
>>Gwen Miller: yeah.
>>Mayor Greco: tell you what, when he sends it, we'll all eat it together.
>>Bob Buckhorn: Mr. Chairman, Mr. Mayor, for those of us who are from nor of the mason dixon line, we had the same trouble with grits.
>> that's just ground up corn, bob.
>>Bob Buckhorn: I guess it's all relative.
In mayor, can we give you our ring sizes so when those super bowl rings come, that we can --
>> I didn't wear my old one today.
>>Gwen Miller: you're waiting on the new one.
>>Mayor Greco: there's an interview that I have to go to.
I wore the super bowl ring that eddie gave me on the plane one day.
And every 15 minutes for four hours going to california, the flight attendant came by, Mr. Greco k I get you a coke.
I went to the rest room, she wanted to fix me a hot fudge sundae.
She was intentive.
Went on for four hours.
When we landed, I said, that lady was very friendly.
When you were asleep, she saw your ring.
She asked did your husband play football?
And she said yeah, he did.
The woman thought I was dying.
She wanted to treat me nicely before I passed away.
Thank you all.
[ applause ]
>> good morning, ladies and gentlemen.
My name is moses knott, jr.
I reside at 2902 east ellicott street.
I want to speak on this article about this drug police thing, but I want my two and a half minutes from last week.
And then I wanted to come back and speak on the whole issue this morning.
>>Charlie Miranda: you take your three minutes this week.
I can only give you what I can give anybody else.
I can't carry over minutes.
>> you always say, anybody who want to speak on an issue last week can come up --
>>Charlie Miranda: that's for reconsideration.
Since last week -- stop the clock.
Since last week was not an issue of an ordinance, it was a discussion between the council and the audience, there's where the gavel comes in on my side.
I can't do that.
If I did that, there was no vote taken last week, so there's nothing to reconsider, sir.
The vote is going to be taken this week and two weeks from today's date for the second reading.
So, therefore, the chairman in this case --
>> okay.
I'm stuck between a rock and hard place.
Because I want to talk about the Mayor and the bucs team.
>>Charlie Miranda: you got three minutes.
You can discuss -- the Mayor talked about the bucs.
You are certainly entitled to do that.
And you're certainly entitled to speak to Item Number 1.
I can't give you anything that I can't give to everyone in the audience.
>> I’ll let item one go and I’ll spend my three minutes speaking about the bucs and prayer.
You know, first thing I want to say, you know, the Mayor standing here, I want to talk about it.
I told you every time I come here, you know, when you're working for jesus, you don't ever know, you're standing there and he hear what you're saying.
Said something about the bucs.
But you know, I want to stand here this morning and tell people the truth.
All this stuff right here going on about going to the super bowl, it's no surprise to me.
It started way back.
Let me tell you, we got a bone hero, he just walked out of here.
God created the whole thing, but we have a hero, the Mayor there.
If he hadn't built that stadium, none of this would have happened.
Glazers told you, no stadium, no bucs.
We're going to move.
But I want to say, though, but me I got in on that deal and I’ve been coming to this podium many, many years.
I told the poor people you ain't got but two things going for you.
That's prayer and vote.
Now, with prayer they brought the bucs to this thing.
This whole thing is created by prayer.
But the Mayor right here, though, he was the bone here -- born hero.
At that time we needed schools.
I want to say I told the poor people to pray and vote to get these schools.
And we got blessed and we got 11 schools and supposed to build a stadium first before we got anything.
But we end up now, 20 some schools.
We have a brand-new middleton school.
A lot of people didn't vote for it.
So I want to say, though, that this thing here is created, but I want everybody to give God the credit.
Let me tell you one thing, this Mayor that we have behind me, I love the Mayor but just don't trust him sometimes.
The Mayor is smooth.
Can he get things done.
I told him one time he need to run for president.
The man can get something done.
I don't know how he can do it, but he get things done.
If it wasn't for the mayor, none of this would have happened.
But I supported him from day one.
He was here this morning, when he brought the plan up -- he was tricking the deal.
He was going to build the stadium first.
If any money left g to the schools.
Wasn't none supposed to be left based on the figures in those days.
6,000 people been there.
I want to say, though, that this super bowl thing here is the biggest thing, but it all happens through god.
I want everybody to pray for this thing.
I'm serious.
Prayer changes things.
You know, I heard many people say, you know, God will be your big church.
God will build you a house.
He'll build you a stadium.
He'll build you anything you want.
I was here to this day when they were -- people said it wouldn't happen.
I stood right here to this podium.
I said God was going to build that stadium and hell wasn't going to stop it.
I want everybody to give God the credit.
>>Charlie Miranda: now, on reconsideration of any vote that was taken.
Notice I said the word "vote."
We haven't finished number one.
Anyone else care to speak on Item Number 1?
Mr. Buckhorn, do you want to move this ordinance?
>>Bob Buckhorn: yes, Mr. Chairman.
Thank you.
Thank you, Mr. Chairman and thank you, colleagues.
I move an ordinance of the City of Tampa Florida amending chapter 14 division 3, drugs, City of Tampa code creating section 14-65 prohibiting precursor acts to illicit drug activity providing for definitions, providing for enforcement, providing for exclusions, providing for penalties, providing for repeal of all ordinances in conflict, providing for severability, providing an effective date.
>>Charlie Miranda: motion by Mr. Buckhorn.
Second by Ms. Ferlita.
Further discussion by council members?
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
Thank you very much all of you.
>>Bob Buckhorn: thank you.
>>Linda Saul-Sena: just a compliment to Mr. Buckhorn on his great effort in creating this.
I think it will be really useful to all of our police.
>>Bob Buckhorn: thanks, Ms. Saul-Sena.
The credit really goes to Ms. Grimes and to the police officers who made this happen.
But thank you.
>>Charlie Miranda: anyone in the audience care to speak on any item for reconsideration on a vote taken last week?
>> good morning.
My name is eddie diez.
2405 west mississippi Avenue.
Unfortunately, last week I was slated to be here for a wet zoning extension.
My wife is a schoolteacher and unfortunately she fell down off the chair and twisted her ankle and I had to take her to workers' comp over at st. Joseph's.
I didn't get to the office to check my calendar to know that that was the day I needed to be here.
I want to apologize and request reconsideration.
After review of the tape, I went to the tenants and they have appropriately dealt with all the issues.
I believe all the issues that were raised at the meeting are dealt with, but, again, I need an opportunity to try to resolve it.
>>Charlie Miranda: which item are we talking about?
>> that was w 203-33, 302 south Nebraska Avenue, formally known as the rain lounge.
>> officer mccaughey, Tampa police.
There was an you have a duty, an extraduty bill that was kin can you remembered -- incurred with the City.
$4800.
They did receive a thousand dollar check to help pay for the extraduty officers.
It was turned over to merchant collections.
They don't have a pavement plan but there's supposed to be a 300 payment per month until the balance is paid for.
Unfortunately, no extra duty services offered to rain lounge until that balance is paid in full.
The false alarms bill that was just a little over $1500, as far as I know, has been taken care of.
I haven't heard from sergeant Watersto know that that bill has been taken care of.
The request from him was to have the security alarm serviced so that we would not continue with the false alarms and upon that, then the balance was to be taken care of.
I spoke with Ms. Hudson yesterday and my understanding was it was -- that bill had been taken care of.
Unfortunately I hadn't confirmed that with sergeant waters.
What I’m asking for, if you do decide to reconsider the wet zoning, that we revisit this in one year to make sure that they are going to be a responsible vendor, that I would like to see another wet zone application.
I don't have one on file for myself.
It's my understanding that the building has not been up to code prior to rain lounge going into the building, and that might be looked at.
And also to accept a condition of 21 and up only inside the bar.
>>Charlie Miranda: let's do this.
Because I think today for us -- let's hold this for two weeks.
Is two weeks going to give you enough time to do the background check that you just discussed with the council and to give code enforcement a chance to go revisit and all those.
I want all the interested parties to have an opportunity for the case.
Two weeks enough for you, Mr. Diez?
Council?
Ms. Ferlita.
>>Rose Ferlita: I just have a comment as I’m listening to officer mccaughey.
We have gone through this time and time and time again.
We're talking about how we're going to reinforce and enforce the fact that we are spending taxpayer dollars to pay for off-duty officers.
I don't know about this $300 a month payment plan, I’m going to tell you, if everything does not look appropriate in two weeks, I am going to strongly support that we not approve this.
We make comments.
We make statements.
We take positions and on and on about this off-duty police officer stuff.
>>Charlie Miranda: Mr. Harrison then Mr. Buckhorn and then I’ll speak on it for a little bit.
>>Shawn Harrison: I agree wholeheartedly with Ms. Ferlita on this.
And my position in two weeks will be if this pass, bill not paid, I will not support it.
I don't care what the payment plan is.
Taxpayer dollars are going to subsidize this building, which is -- has not been operating legally.
It would appear maybe it has some code violations.
May not be your fault as the landlord, but the citizens are subsidizing this place and I don't think it's right for us to continue the wet zoning until these bills are paid.
>>Rose Ferlita: Mr. Chairman, I’m sorry to continue deliberate being this, but a payment plan is like somebody who buys a coat and puts it on a lay away plan.
I just think there should be no payment plan.
We've given the service, the police have gotten their money as they dually should.
Why should we subsidize a time frame situation for them to pay?
I think they have to pay up, be current or end of story.
I'm not supporting anything if they don't do it.
Otherwise, all the time we have spent on getting new accounts receivable, Mr. Ibarra working very hard, I must say, to get something that is more efficient.
And here we go, well, $300 a month, no, nothing.
We have paid from taxpayer dollars that should not be used on this type of thing.
So I think they either come current and then we look at that time from the standpoint of code enforcement issues or I’m going to strongly advise this council not to do it.
It's another example if we say we're going to do something and then we let it slide.
I don't understand that mentality.
And I am not going to support it, vehemently I’m not going to support it.
>>Bob Buckhorn: Mr. Diez, this has little to do with you but a lot to do with a whole bunch of other situations where we find ourselves in.
Why do we even extend credit?
We are not in the credit extending business.
It would seem to me, if you want off-duty officers, you pay up front.
If you don't pay you don't get them.
And you don't move forward.
It's fairly simple.
As has been pointed out last three or four years, in arrears, thousands and thousands of dollars from dead-beat tenants who enjoy the services of the Tampa Police Department but who aren't paying for it.
And so either, you know, we ought to get to the point where if they want off-duty officer, you pay for it.
Even if you're a good customer, you pay for it up front.
>>Charlie Miranda: I agree with everything that's been said.
I had a private meeting with officer mccaughey earlier in the office.
She comes in and I feel kind of guilty about what we do to her because it's not her, it's the system that they work.
They change, they promote up and no one I guess train somebody else to follow the system.
That's the only assumption I can make because there wouldn't be an arrears if there was a system in place.
But evidently, it's been going on like that for a long, long time.
And that's wrong.
Again, I think we ought to have someone from the administration and I know Ms. Ferlita has been working on this for, what, two years.
I think we ought to have someone from the administration tell us exactly, "a," how it got to be where it's at.
"b," where are we today.
And more importantly, "c," who is following up on all these contracts?
If it's one department telling another department that department sends a message to the other department, by the time it gets back to the original department it's two years old.
Somebody has to have the responsibility and somebody has to have, in my case, and I’m sure all council members feel this way, has to be held accountable.
Who?
If it's not the police, what department in the City?
Is it finance?
Is it collections?
I don't know.
I don't think anyone here knows.
And that's a problem that -- the dilemma that we face.
We're trying to solve it, but really in solving, it's an administrative problem.
So let's have someone from the administration, Ms. Ferlita, if you can make a motion to that effect.
>>Rose Ferlita: just one comment and then I will make a motion, Mr. Ibarra come down and redefine what had we've worked on so long.
Officer mccaughey, sounds like anything directed to you at all, it is not.
We are grateful for what you do.
You keep us abreast of what is going on in terms of code enforcement and liquor wet zoning problems, et cetera.
But, you know, we just have to stick to our guns here.
We said we're going to do something.
Mr. Buckhorn is absolutely right.
If you're a customer anyplace, my drugstore, anyplace, you can be a good customer, bad customer, somebody don't like so much, somebody like more.
They are all customers.
And simply to continue as a business entity, you pay for services and you pay for products.
We have to take the lead from that business type mentality.
We have given them the service.
They pay.
But they don't get it anymore.
Period.
So I think Mr. Ibarra needs to come back down here and redefine where we're going with this.
And if we haven't taken enough of a firm stand, I think we need to revisit it and just get it done.
As the chairman said, it has nothing to do with you.
It has to do with the process.
Don't put ordinances in place or positions in place or policies in place and then don't enforce them because then you have done nothing.
>> being involved with real estate for many years, I can understand.
As a property owner, you know there isn't a whole lot I can do to enforce it.
If you will take into consideration something similar -- and I don't know the legalities of it, something to a mechanics lien to where we at least get notified.
In our lease it states, if they don't pay their bills, if they are in trouble with the zoning, I have the right to break the lease.
So I can enforce as the property owner.
One of the things I feel is unjust, though, is I’m up here defending a property that has been wet zoned for 30 years because of one tenant.
So if I were to evict them, go get a wet zoning to continue it, beer and wine license, which I probably would have done if hadn't worked it out, I fell like I would be discriminated against because the previous tenant left bills behind.
I don't have any problems enforcing and collecting the money for the City as a property owner, but I do have a problem when I’m impacted because of them.
>>Bob Buckhorn: Mr. Chairman and Mr. Diez, we understand that.
I think if we set up the process so that you are taken out of the equation and that our relationship is with the tenant and if the tenant doesn't pay us for off-duty officers, the tenant doesn't get off-duty officers.
It's that simple.
Then you wouldn't be here defending a bad tenant because we would have gotten our money up front.
There would not be anything in arrears and we wouldn't end up in this situation, which is hopefully what Mr. Ibarra is going to come back and do.
>>Charlie Miranda: go on, if you would like to make a motion.
>>Rose Ferlita: make a motion that when we reconsider this or perhaps discussion in two weeks that I meet with Mr. Ibarra before and kind of inform him about what the situation is here so he can comment and give us the administration's --
>>Charlie Miranda: motion by Ms. Ferlita.
Second by Mr. Harrison.
That discussion so we can have all the playing cards on the table when we get here in two weeks.
All in favor, aye.
[motion carried unanimously]
Mr. Harrison, you have the floor.
>>Shawn Harrison: as part of that report, I would like to know what the rationale for using merchant check, whatever -- it's a collection agency.
And we must be retaining them to collect past-due bills.
I would like to know if that's effective, number one, and how much we're paying them.
And might we be better served by doing that in-house and keeping the percentage undoubtedly that we're paying them.
Can we ask Mr. Ibarra?
>> yes.
>> pete cowell, Land Development coordination.
When this does come back in two weeks, it will only be for an extension so that any additional conditions that officer mccaughey was looking for would not be part of that request.
>>Charlie Miranda: we're not asking -- if I remember what we discussed, it was about a system.
What's happening to the broken system.
It's not about this account.
It's not about that account.
It's about all the accounts and the mannerisms, as I stated earlier.
From the past to the present, what are we doing in the future?
>> okay.
I'm specifically speaking to it --
>>Charlie Miranda: we're not involved in this case.
We just put it two weeks away.
>>Charlie Miranda: so we don't need a report.
Thank you.
>>Bob Buckhorn: move to reconsider.
Set it for two weeks.
>>clerk: February 6th.
>>Charlie Miranda: motion and second for February 6th.
Second by Ms. Alvarez.
Further discussion.
We have all the reports and everything in front of us by that time hopefully.
All in favor of that motion, indicate by saying aye.
[motion carried unanimously]
That doesn't mean that this is going to go away.
It means that we're going to hold it two weeks from now with all the information before us.
Thank you very much.
Yes, sir.
>> I want to speak on the issue last week about the drug thing.
>>Charlie Miranda: no.
I'm sorry.
That's not for reconsideration.
That's been done.
You're trying to get the chairman in a box that I can't get out.
And I explained that to you, sir, earlier that you had three minutes to either speak about the bucs or speak about Item Number 1.
You chose -- excuse me, I don't want to debate you, sir.
You chose the buccaneers and that's fine.
Then I said any item for reconsideration.
There was no vote taken last week, so therefore there was no reconsideration.
I said that earlier to you also, sir.
I did.
>> you know, you believe in the law, I believe in grace and mercy.
>>Charlie Miranda: I understand that.
Thank you very much.
All right.
Any others for reconsideration for last week?
Thank you very much.
We're going to go to committee hearings.
Committee reports, if I may, so I can justify the clerk and thank gail anderson for aiding us and abiding us and helping us this morning.
>>Bob Buckhorn: move items 16 and 17 of the public safety committee.
>>Charlie Miranda: motion by Mr. Buckhorn.
Second by Ms. Alvarez.
All in favor of that motion, please indicate by saying aye.
[motion carried unanimously]
Parks, recreation, culture committee chair, Ms. Gwen Miller.
>>Gwen Miller: thank you, Mr. Chairman.
I move resolution 18 through 25.
>>Charlie Miranda: motion by Ms. Miller.
Second by Ms. Alvarez.
Further discussion by council members?
All in favor of the motion, indicate by aye.
[motion carried unanimously]
Public Works committee chair, Ms. Rose Ferlita.
>>Rose Ferlita: thanks, Mr. Chairman.
Move items 26 to 38, please.
>>Charlie Miranda: motion by Ms. Ferlita.
I have a second by Mr. Buckhorn.
Further discussion by council members?
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
Finance committee chair, Ms. Mary Alvarez.
>>Mary Alvarez: thank you, Mr. Chairman.
I move items 39 to 49.
>>Charlie Miranda: motion by Ms. Alvarez.
Seconded by Ms. Saul-Sena.
All in favor of that motion, please indicate by saying aye.
Opposed nay.
[motion carried unanimously]
Also receive and file 49, officer mccaughey's report.
Building and zoning chair, Ms. Linda Saul-Sena.
>>Linda Saul-Sena: thank you, Mr. Chairman.
Move resolutions 50 through 60.
>>Charlie Miranda: motion by Ms. Saul-Sena.
Seconded by Ms. Alvarez.
Further discussion by council members?
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
>>Linda Saul-Sena: number 61, we have a substitute ordinance.
>>Charlie Miranda: right, Boulevard was the change.
>>Linda Saul-Sena: I think I have to read it.
Move an ordinance of the City of Tampa, Florida, renaming and designating that certain portions of Columbus drive running westerly from boy scout Boulevard to Westshore Boulevard is more particularly described herein within the City of Tampa, Hillsborough County, Florida, so that it will hereafter be known as jim walter Boulevard, providing an effective date.
>>Charlie Miranda: motion and second.
Further discussion by council members?
All in favor of the motion, indicate by saying aye.
[motion carried unanimously]
Transportation committee chair, Mr. Shawn Harrison.
>>Shawn Harrison: thank you, Mr. Chairman.
I move items 62 through 65.
>>Charlie Miranda: motion by Mr. Harrison.
I have a second by Ms. Alvarez in a close vote with Ms. Saul-Sena.
All in favor of that motion, please indicate by saying aye.
[motion carried unanimously]
Ms. Miller.
>>Gwen Miller: Mr. Chairman, I would like to set a public hearing for February the 20th at 10 a.m. For items 66 and 67.
>>Charlie Miranda: motion by Ms. Miller.
I have a second by Ms. Alvarez.
Further discussion by council members?
All in favor of the motion, indicate by saying aye.
[motion carried unanimously]
>>Gwen Miller: I would like to receive and file the department head sheet.
>>Charlie Miranda: motion by Ms. Miller.
Second by Ms. Alvarez.
Close vote with Mr. Buckhorn.
All in favor of that motion, indicate by saying aye.
[motion carried unanimously]
All right.
We have proposed ordinance for second reading and since I have to do five before I can move three, I’m going to open up four through thirteen.
Motion by Mr. Buckhorn for that.
I have a second by Ms. Alvarez.
Items 4 through 13.
All in favor of that motion, please indicate by saying aye.
Opposed nay.
[motion carried unanimously]
First go to Item Number 1.
Anyone in the audience care to discuss Item Number 1 on page 2, please come forward.
Excuse me, item 4, page 2.
4, page 2, please come forward.
4, page 2.
Motion to close by Ms. Alvarez.
Second by Ms. Miller.
Further discussion?
All in favor, aye.
[motion carried unanimously]
Ms. Saul-Sena, would you kindly take four and five.
>>Linda Saul-Sena: move an ordinance regarding pension benefits for the City of Tampa firefighters and police officers amending the City of Tampa firefighters and police officers pension contract pursuant to chapter 2000-485, laws of Florida to comply with the minimum standards and benefits provisions in chapters 175 and 185 of the Florida statutes, repealing all ordinances in conflict herewith, providing for severability, providing an effective date.
>>Charlie Miranda: motion by Ms. Saul-Sena.
Second by Mr. Buckhorn.
Further discussion?
All in favor, aye.
[motion carried unanimously]
>>Linda Saul-Sena: move to adopt number 4.
>>Charlie Miranda: I have a motion for adoption by Ms. Saul-Sena.
I have a second by Ms. Miller in a close vote with Ms. Ferlita.
Roll call vote.
Vote and record.
>>clerk: motion carried.
>>Charlie Miranda: Item Number 5?
Anyone in the audience care to speak on item 5, page 2?
Motion to close by Ms. Alvarez.
Second by Mr. Harrison.
Further discussion by council members?
All in favor of the motion, aye.
[motion carried unanimously]
Ms. Saul-Sena, would you kindly take number five, please.
>>Linda Saul-Sena: yes, Mr. Chairman.
Move an ordinance I vacating, closing, discontinuing and abandoning certain rights-of-way, all of an alleyway and a portion of Henderson Avenue, sixth Avenue, together with the street intersection common to Henderson Avenue and governor street lying east of interstate 275 north of estelle street, south of 7th Avenue and west of taliaferro Avenue, in map of oakridge and middletown both being subdivisions located in the City of Tampa, Hillsborough County, Florida, the same being more fully described in section 1 hereof, subject to the reservation of permanent and temporary easements, certain covenants, conditions and restrictions as more particularly described herein, providing an effective date.
>>Charlie Miranda: motion by Ms. Saul-Sena.
Second by Ms. Alvarez.
Further discussion?
All in favor of the motion, indicate by saying aye.
[motion carried unanimously]
>>Linda Saul-Sena: move to adopt number 5.
>>Charlie Miranda: motion for adoption by Ms. Saul-Sena.
Second by Ms. Alvarez.
Roll call vote.
Vote and record.
>>clerk: the motion carried.
>>Charlie Miranda: item 6, page 3.
Anyone care to speak on that subject matter? Motion to close by Ms. Alvarez.
Seconded by Mr. Harrison.
All in favor of the motion, indicate by saying aye.
[motion carried unanimously]
>>Shawn Harrison: I move an ordinance vacating, closing, discontinuing and abandoning certain rights-of-way, that portion of 22nd Avenue lying west of republica de cuba Avenue and all that alleyway lying north of 22nd Avenue, south of 23rd Avenue and west of republica de cuba Avenue located in panama, a subdivision of the City of Tampa, Hillsborough County Florida the same being more fully described in section 1 herein, subject to the reservation of certain easements and to the imposition of certain covenants, conditions and restrictions as more particularly described herein, providing an effective date.
>>Charlie Miranda: motion by Mr. Harrison.
Second by Ms. Alvarez.
Discussion by council members?
All in favor of the motion, indicate by saying aye.
[motion carried unanimously]
>>Shawn Harrison: move to adopt number 6.
>>Charlie Miranda: motion for adoption by Mr. Harrison.
I have a second by Ms. Alvarez on item 6.
Roll call vote.
Vote and record.
>>clerk: the motion carried.
>>Charlie Miranda: I’m going to stop here for two reasons.
"a", to explain to the public why I started with four instead of two.
They were all at 9:30 and three had to be read after five.
So I chose the easy way, not to confuse anyone, including myself and go from 4 to 13 and then come back and do 2 and 3.
However, I also made a commitment to the chairman of the CRA, Ms. Alvarez, to who asked me for a five-minute CRA.
I agreed to have it at 10:00 in the morning.
Here we are.
So I want to call this council to recess and change over to CRA, if I may.
Thank you, Mr. Chairman.
We have to change the tapes, don't we? Give us one minute.
[ CRA meeting ]
>>Linda Saul-Sena: here.
>>Shawn Harrison: here.
>>Gwen Miller: here.
>>Charlie Miranda: here.
>>Rose Ferlita: here.
>>Bob Buckhorn: here.
>>Mary Alvarez: here.
Council members, we're here because of item 53 on the committee reports.
This is a resolution approving a second amendment to the Tampa Heights riverfront agreement between the community -- the CRA and the City of Tampa.
>>Bob Buckhorn: move for approval.
>>Mary Alvarez: there's been a motion and second to approve the second amendment.
All in favor, say aye.
>>clerk: we need to receive and file --
>>Mary Alvarez: we need to receive and file.
Motion and second.
All in favor, aye.
Motion approved.
That's it.
We're adjourned.
>>Charlie Miranda: thank you so very much.
Okay.
We go back to the City Council agenda.
And we'll be back -- evidently, you don't have -- you have my gavel that I loaned you.
[ City Council regular session ]
>>Charlie Miranda: okay.
City Council is called back in session.
Roll call.
>>Linda Saul-Sena: here.
>>Gwen Miller: here.
>>Rose Ferlita: here.
>>Bob Buckhorn: here.
>>Mary Alvarez: here.
>>Charlie Miranda: here.
Okay.
Item Number 7, page 2, anyone in the audience care to speak on item 7, page 2?
I see no one.
Motion to close by Ms. Alvarez.
Second by Ms. Miller.
Further discussion by council members?
All in favor, aye.
[motion carried unanimously]
>>Gwen Miller: an ordinance renaming and designating that certain portion of lumb Avenue running easterly from Westshore Boulevard to Manhattan Avenue within the City of Tampa, Hillsborough County Florida so that it will be known as lamb Avenue, providing an effective date.
>>Charlie Miranda: all in favor of the motion, indicate by saying aye.
[motion carried unanimously]
>>Gwen Miller: move to adopt number 7.
>>Charlie Miranda: motion by Ms. Miller.
For adoption.
Second by Ms. Alvarez.
Roll call vote.
Vote and record.
>>clerk: the motion carried.
>>Charlie Miranda: Item Number 8, page 3.
Anyone in the audience care to speak on item 8?
See no one.
Motion to close by Ms. Alvarez.
Second by Ms. Miller.
All in favor of the motion to close, aye.
[motion carried unanimously]
>>Gwen Miller: an ordinance of the City of Tampa, Florida, amending ordinance number 2001-236, which adopted the franklin street mall regulations by amending exhibit a thereof to change any reference therein to the term "mall administrator" or "administrator" to "special events coordinator," or "coordinator" respectively, providing for repeal of all ordinances in conflict, providing for severable, providing an effective date.
>>Charlie Miranda: motion by Ms. Miller. Second by Ms. Alvarez.
All in favor, aye.
[motion carried unanimously]
>>Gwen Miller: move to adopt number 8.
>>Charlie Miranda: motion for adoption by Ms. Miller.
Second by Ms. Alvarez.
Roll call vote.
Vote and record.
>>clerk: the motion carried.
>>Charlie Miranda: Item Number on the agenda, page 3.
Anyone in the audience care to speak on item, page 3?
See no one, motion to close.
Further discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
>>Gwen Miller: an ordinance approving an s-2 special use permit approving 80% lot development in an rs-60 zoning district in the general vicinity of 4107 west dale Avenue, Tampa, Florida, and as more particularly described in section 1 hereof, providing an effective date.
>>Charlie Miranda: motion by Ms. Miller.
Second by Ms. Alvarez in a close vote with Ms. Ferlita.
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
>>Gwen Miller: move to adopt number 9.
>>Charlie Miranda: motion for adoption by Ms. Miller.
I have a second by Ms. Alvarez.
Roll call vote.
Vote and record.
>>clerk: motion carried.
>>Charlie Miranda: Item Number 10, page 3.
Ten, page 3.
Anyone in the audience care to speak on 10, page 3?
Mease come forward.
>> good morning, ladies and gentlemen.
My name is dominic traina.
I have the property at 5202 south lois.
I am in the water bottle business, and I have trucks go and come out of my property from 6 a.m. Till 11:00 at night.
I run two shifts in that operation.
And we have semis also that deliver water and pick up water.
And my main concern is that if we build these town houses, there will be children also wanting to ride their bicycles.
There are no sidewalks in that area.
It would be very dangerous.
All night long, too, just waiting for us to open up and for other industrial businesses there in that area.
So that is really my main concern of not wanting these town houses to be built there.
The safety of the children mostly and, you know, our drivers, they carry big trucks.
It's hard to see with all these big heavy trucks all the time.
So that is mainly my concern.
I appreciate your time and thank you for your --
>>Charlie Miranda: thank you.
Appreciate it very much.
Next, please.
>> good morning.
My name is johnny kinney.
I'm the owner and operator of elite canine academy on pearl Avenue which is straight across the street from where they are looking to put the homes into.
I'm opposed to this because as an owner and experienced kennel operator, I know if I went to put my kennels into an area where people lived, I wouldn't get approved for it.
And I believe that if they are built there, people move in there, they are going to be totally hating me.
I get noise 24 hours a day, sometimes I run up to 30 dogs in there.
It's a lot of noise, and there are odors involved until you get them cleaned up.
And every time a siren goes off, anything.
I believe that the business there is a community asset.
I train a lot of dogs throughout the year.
There are a lot of dogs that are in families right now happy go lucky that without the proper conditioning would have been euthanized.
So I think for the community in our area, I’m the only one down there.
Last but not least, i'd like to mention that I don't know what the procedures are for these type of things, but as a business owner, I felt that I wasn't given the right opportunity, notice that these hearings were even taking place.
The first one taking place, I didn't even know about it.
And I am the closest business to the property where they are talking about putting these houses.
I would appreciate it if you all let me continue in my business and stay there.
But I know if people move in there, they are going to be totally unhappy.
I can't imagine anybody wanting to build a home next to animal control services.
The noise is too much.
So I would thank you to take this into consideration.
>>Bob Buckhorn: sir, how far -- is your property line abutting the petitioner's property?
>> I’m right across the street.
I look straight at them.
I'm no further from here to that parking lot.
>>Bob Buckhorn: across the street, though.
>> it's not a wide street.
>>Bob Buckhorn: how many animals do you have?
>> sometimes up to 30.
Yes, sir.
And it's continuous seven days, day and night, anytime, like I say, if a fire truck goes by at 11:30, you're going to be living next door to 20, 30 dogs howling.
People are going to be very upset with me.
>>Charlie Miranda: howling at the moon.
>> yes, sir.
And they sure holler at those sirens a lot.
So -- and on behalf of the bucs, I do watch some of the bucs dogs from here time to time.
They are out there playing for us, I’m taking care of their dogs.
Thank you.
>>Charlie Miranda: good.
I'm glad to hear that.
>> good morning, robert martin, 5220 south lois.
I am catty corner from the proposed thing and I didn't get notified.
The only way I found out about it is somebody called me.
I'm not happy with it because I have people that leave at all times of the day, 3:00 in the morning, some dump trucks leave my property to drive and go out and work.
It's the last little bit of commercial zoning in south Tampa.
You guys protect residential stuff.
I own residential property, you protect them.
We need to protect the commercial area.
I don't want to go to drew park.
I don't want to go to sabal park.
I've been in south Tampa for a long time, and that's all I need to say.
>>Charlie Miranda: thank you.
Ms. Ferlita.
>>Rose Ferlita: sir, I’m sorry.
If you said that, I didn't hear you.
What's the nature of your business?
>> I do bank foreclosure cleanups and I also have a commercial lot there that -- commercial truck drivers park their trucks.
So they leave at all times.
Like the last man said, lois is a small little strip right there of commercial things and semitrucks park on the street.
There's plenty of noise.
We don't need the residential in that area.
>>Charlie Miranda: next, please.
>> good morning, ladies and gentlemen.
My name is gary toth.
I own and operate gary automotive of 4204 west pearl Avenue.
I've been in business in that location over 12 years.
I work at my shop often, that goes beyond normal hours since I -- sometimes until 11:00 at night.
I don't think location is right for family and children with all the constant truck traffic in the neighborhood.
I hope would you not change the commercial zoning for the project.
Thank you.
>>Charlie Miranda: thank you very much.
You do good work too.
Next, please.
>> good morning, ladies and gentlemen.
My name is ken fisher.
I own a business at 5126 south lois.
It's called fisher buggies.
It's known all over the world.
In the industrial park, I moved there because of the zoning.
I have all kinds of activities, trucks, trailers backing in, supplies.
If we had the residential moved down the street, they would have children.
They would have young people riding bicycles and what have you.
That would create a problem and also, as all the other gentlemen have said, that we -- that once you move in residential, your commercial land in an industrial area will slowly be depleted.
And the value of our property and everything else will deplete.
So I’m totally against it.
I was never notified.
I was notified by a neighbor that this was taking place.
Thank you very much.
>>Bob Buckhorn: Mr. Fischer, if you could move over a little bit so the cameras could get your shoes.
>> oh, you like those shoes.
>>Bob Buckhorn: if the cameras could pan down to Mr. Fischer's shoes, he has red shoes on.
>>Mary Alvarez: go bucs!
>> good morning, ladies and gentlemen.
My name is mike cornbase.
I am the vice president for federated department store distribution center.
That's located on lois and Gandy Boulevard.
I'm here to speak in opposition to the proposed application.
Our operation includes some retail, but the site is primarily a warehouse and distribution operation for burdines, bloomingdales and macy's east stores that covers the entire state of Florida.
This means we have merchandise moving in and out of our facility 24 hours a day.
It includes approximately 140 tractor-trailer trips that go -- that go to and from our facility.
Due to the current roadway restrictions, none of this traffic can enter or exit off of pearl and Dale Mabry.
So we have one entranceway into our facility.
All of these trucks travel down pearl and lois, which goes right by the location of the proposed residential use.
This means that 140 tractor trailers that pass right by this property each day from our facility alone.
This is a normal daily and nightly operation for a property that is zoned for intensive commercial use.
The proposed residential use as described in the application, however, is entirely incompatible with the existing zoning.
As part of our daily operations at our site, we operate conveyer equipment and other heavy equipment such as forklifts, tractors, and trailers.
Which use safety horns and alarms to protect our workers inside and in the truck yard outside of the building.
Our continuous operation also includes a workforce of approximately 300 employees.
At the end of each shift, the departing and arriving workforce generates significant traffic consistent with a facility of this size.
We have invested tens of millions of dollars in our facilities and pay substantial taxes to the City of Tampa.
We have kept this facility in Tampa because of the commercial zoning of our parcel, and we hope to continue to operate our facility in Tampa.
However, we do not believe that proposed residential use is appropriate in an otherwise intensive commercial area.
We anticipate that these two very different uses would conflict with the impact, our right to use of the property as zoned.
We respectfully ask that you act to protect our property rights and deny the application.
>>Charlie Miranda: thank you.
Before I continue with this, if I may.
I heard no notification, no notification, no notification four or five times until I realized that if my memory serves me right, there is no mechanism for -- maybe I’m wrong -- for notification because this is a -- brought up to the administration.
It's a special one use, and it's appealed.
It was, I guess, denied by the administrator on that side.
It was appealed to this body and, therefore, it was an inner between the administration and the legislative side.
And I would like some council member, please, to move that we ask the zoning department to see how we can work so that the public, maybe we can do it now or maybe they have a mechanism that I’m not aware of.
Ms. Moreda.
>> gloria moreda -- they should have received the notice 15 days prior to the original first public hearing.
So I’m not sure, you know -- I assume that the clerk's office has the records showing that the mailing was done.
>>Charlie Miranda: okay.
Mr. Buckhorn?
>>Bob Buckhorn: Mr. Chairman, sir, there was construction of a number of residential units.
I believe it was by pulte immediately -- I think it's down the street adjoining that electrical facility.
Have you received any complaints from those residents as to the nature of your business or the truck traffic?
>> the only complaints that we have gotten is on the street that goes -- on pearl that goes between Dale Mabry and where our facility begins, which is just past the railroad tracks by a canal.
>> the nature of the complaints were what, cut-thru truck traffic.
>> truck traffic going through there.
>>Bob Buckhorn: which is prohibited anyway.
In that case, the violators would be the truck drivers, not -- allegedly incompatible uses.
>> yeah.
It's, you know -- because they hear the trucks going through.
So they are calling me.
And it May be trucks that are coming from out of state, not even my truck, but vendors who are delivering merchandise to us.
>>Bob Buckhorn: but those are the only complaints that you have gotten.
You haven't gotten complaints about the noise or the fact that there are industrial uses immediately proximity to it.
>> no.
>>Bob Buckhorn: we just have complaints because people are doing what is already illegal.
>> yeah.
>>Bob Buckhorn: okay.
Thank you.
>>Charlie Miranda: thank you very much.
Next, please.
>> good morning, ladies and gentlemen.
My name is david schrum.
I am a division manager for alveda farms, llc.
And our property is adjoining the proposed zoning property.
We're right next door.
Income, we have rejoined 300 feet along their property.
This proposed project is located adjacent to our Tampa distribution location, located south Manhattan and pearl street.
We have been at this location since 186.
In our business, we use 28-foot pop trailers or single axle tractor and trailers, also large straight trucks.
In addition to tractor and trailers, 45-footers.
All are equipped with thermo king refrigeration units which are very noisy.
And we must run that 24 hours a day because to maintain proper temperature, we keep product on the truck, and they have to run 24 hours a day.
We use both electricity and diesel fuel to maintain this equipment.
In our truck line, what we call our truck line, where we park these trucks and plug them in is adjacent to this property.
In fact, our fence is right there.
Our loading dock is also facing this property and is offset about a hundred feet from the property line.
We run a 24-hour operation six days a week.
We start our loading process on our dock at 2 p.m. In the afternoon and we complete that about midnight.
And we have safety horns and forklifts and things like that, which are quite noisy.
Then we start receiving product at midnight, and we complete that process by 4 a.m.
Our local routes, we have about 30 of them.
They leave out between 1 a.m. In the morning and 5.
So we got a lot of traffic coming and going.
We're concerned with the excessive noise level associated with the refrigeration equipment and also safety concerns with the volume of traffic that we have in the area.
We use lois Avenue coming down to get to Manhattan off from the Gandy to come and go for our different markets.
And we have a lot of large tractor and trailer traffic on that road also.
We would urge the council to protect our business and the 45 employees who work at this location.
And I also was not notified of this hearing.
And I thank you.
>>Charlie Miranda: next, please.
>>Linda Saul-Sena: is the clerk checking on the notification?
>>clerk: I have it now.
Did he indicate he was from velda farms?
>> yes.
>> good morning, ladies and gentlemen, I’m sheldon davis appearing on behalf of newspaper printing located at 5210 south lois in Tampa.
The printing company operates printing business.
It employs 200 workers.
Operates 24 hours a day, seven days a week year-round.
The company receives an average of 13 tractor trailers a day at its loading dock on lois, which is across the street from the proposed project.
This truck traffic reaches the printing plant from Gandy Boulevard by turning on to pearl street, which is the street the proposed project is located on.
Tracker -- tractor-trailer traffic literally encircles this project site going to and from burdines, velda farms and newspaper printing.
If this project is given the go-ahead by City Council, the project would result in a residential island surrounded by intensive commercial users and around the clock truck traffic.
The proposed residential use seriously conflicts with the present commercial use.
This is why the special use designation was denied by development review and objected to by both the Planning Commission and Land Development coordination.
The zoning code provides for protection for industrial and commercial use.
This protection for burdines, velda farm, newspaper printing and other businesses in the area should be respected and upheld.
According to the application on file, this property is under an agreement of sale to a company based in virginia whose general manager is a corporation located in maryland.
Presumably, the agreement is subject to a rezoning contingency.
Potential homeowners of 20 homes should be protected by City Council from inadvertently buying in an area active around the clock with trucks, odors from diesel fumes and noises or vibrations from businesses operating lawfully in this area.
If this project goes forward, you can foresee homeowners coming to you for relief.
You will be asked to dispense compassion to them and place limitation on the existing businesses.
This dilemma could rule in a loss of jobs and erosion of the tax base to the City.
Let's not create this.
By denying the special use request, you also are going to protect innocent families from buying problems that are not readily visible to them on inspection.
When the conflict of uses becomes apparent, the developer will be gone.
Money in hand, and inconsistent commercial versus residential site uses will cry out for relief.
At this time, such relief could only be granted by the council by benefiting one use at the expense of the other.
We urge City Council to reject the petition and not waive the zoning code provisions which protect the existing businesses.
Thank you very much.
>>Charlie Miranda: thank you very much.
>>> I am marsha ryberg on behalf of the developer.
Let me clear the record on a couple of things.
What Mr. Conda is seeking to do here today is not to change the zoning.
All of the commercial gets to stay just the way it is, and we're not going to change any of that.
The reason many of these people told you they didn't get notice is they are just too far away.
The people that needed to get notice that were required to get notice did get notice.
What we're trying to accomplish here is we've got 2.6 acres.
We're trying to put in 20 single-family residences.
These are residences real people can afford to buy.
And that are very much in demand.
Four have already been prereserved.
$130,000 each 1400 square feet.
This is an su-1.
We are needing two waivers.
One is because there is not residential adjacent on two sides.
The other is an interesting peculiarity.
We have to be here because this property is on a local street, not on an arterial or collector.
Imagine, I need a waiver to put residential on a local street.
That's exactly where it belongs.
Now, let me get you oriented a little bit to the property and I’m not sure what you can see.
Gandy is over here on the north.
On the south, I have Dale Mabry.
On the west I have Westshore.
Within just a couple of blocks of this property, you just granted a mixed use zoning for the westinghouse wci.
It is on pearl.
It does not abut lois Avenue.
There is a strip between where this property is and lois.
So you are not on lois Avenue.
All these people that talked to you about lois and trucks and all that, not there.
Velda farms is on the west of it.
There is a printing company and some of these other thing.
You know where federated/burdines is up here on Gandy, and they do have trucks in back.
Most of the people that spoke to you today are along lois north of this property.
Their trucks are going down lois and will not go by this property.
Not even remotely, because this property is not on lois and because they are going out to Gandy, they'll never drive by this.
Velda farms is on Manhattan.
It's not going by this property.
It's going north on Manhattan.
Now, what you have both from these folks and Planning Commission staff is a statement that maybe at first has some egalitarian thoughts to you.
You know, we try to protect the residences from the commercial, but commercial is a more intense use.
So when commercial comes next door to residential, you want to protect the less intense residential use from being overwhelmed by the commercial.
When residential, the less intense use, comes in next door to commercial, there's no reason in planning philosophy or otherwise to protect the commercial from being underwhelmed.
That's what we're talking about.
Now, people will complain.
That's what Ms. Moreda told you.
Each one of you has sat there long enough to know that most anything you do, someone will complain about.
You vote based on what is right, not on whether people will complain.
Look at the comprehensive plan.
What does it allow?
This is heavy commercial-24.
What does that mean?
Heavy commercial and residential.
The plan has three categories.
Residential, mixed use, industrial.
This is mixed use property.
This plan category specifically says that you can have 70% of this group in residential uses.
It is appropriate in this, and you can have no industrial.
Zero in this plan category.
What is it that we want to build?
That is a property on lela in the same area that is going to be the prototype for this property.
This is an enhancement to the area.
The policy in your comprehensive plan is in favor of mixed use and infill projects.
This is classic mixed use.
This is classic infill.
You have south Tampa with very little extra property out there.
This is a lot.
Between this lot and Gandy, I counted almost half a dozen vacant or abandoned commercial properties.
Of course, across Gandy directly from lois, going down lois is the abandoned scotty's property.
If commercial wanted to come in, there would be a demand for it.
There is no demand.
We're talking about property that's never been built on.
Property that's vacant.
Put it on the tax rolls.
Let the market, which favors residential, go there because that's what they want.
And that is not a bunch of buyers that walk there blindfolded.
They can see velda farms.
They can see the properties next door.
You don't have to protect people in terms of what their eyes and ears and nose can see.
The dog grooming facility has three houses behind it.
This is all the way across the street.
So there is -- you cannot -- the strange thing on this is, you hear all the time when commercial wants to come in next door to residential, not in my backyard.
This is a strange twist.
We've got a vacant piece of property and we are trying to have a less intensive use on it.
Now, this property, let me give you this, which I showed you last time.
I'll try to get two of them on here.
This city has already said how they want the property developed.
That's a street right in front of it.
Pearl is a residential street.
All the way up and down pearl.
You've already spent city money and declared city policy by putting speed tables on this street.
This is a residence.
This is the other picture across the street.
I believe it looks at the church and the dog grooming facility right next door.
Does that look like heavy commercial?
We are talking about one block -- and I’ll put this back up -- well, one and a half blocks.
Let me correct myself.
Of a little commercial enclave, perhaps.
It's right here, our property.
If you stood on our property and you looked one block in either direction, what do you have?
Nothing but residential.
On a residential street in a residential area, where nobody is going to put commercial.
There's a bunch of it there.
Nobody has ever developed on this, not since the seminoles, I told you last time.
And I still think that's right.
There's no building on it.
There's a huge warehouse behind it that's vacant that nobody wants.
There's two or three other abandoned either for sale or vacant properties along lois, and then you got scotty's.
Put it on the tax roll.
Provide for urban infill.
There's a playground two blocks away.
You do not have to spend city money to provide city services.
Real people can buy $130,000 home and put it there.
I ask you to continue on second reading to grant the waivers.
>>Shawn Harrison: Ms. Saul-Sena was first.
>>Linda Saul-Sena: I’ll wait till we close the public hearing.
>>Shawn Harrison: Ms. Rydberg, is your client going to be developing the the property as well or are they just going to sell it to a developer?
>> it's my understanding he's developing it.
But he's here.
He's building it and I showed you the picture of what it's supposed to look like.
>>Shawn Harrison: he is going to be selling the lots and --
>> he's selling the units, yeah.
Some are attached and some are detached.
>>Shawn Harrison: how many total units will there be?
>> 20.
>>Shawn Harrison: will you all commit on the record to some sort of written notification when people are buying houses that this is in an area that has -- already has existing heavy commercial uses.
The reason I say that yes, it's perfectly obvious, anybody buying a house what they are getting into.
But you protect yourselves that way if there's an actual statement in writing that they get and they are acknowledging this and it protects the businesses in the area too.
So that when we do get the complaints in the future about these trucks and that sort of thing, these businesses will have written documentation that whoever bought those houses were made aware at the closing of what is going on here.
>> Mr. Harrison, rather than me speaking for my client, george conda is here and he can make that commitment to you.
>> hi, george conda.
I agree you with and I think that's a very good idea.
I heard you mention that at our last meeting and I’ve give continue serious consideration and I believe that it would be wise.
>> there was another question, I think.
>>Charlie Miranda: another gentleman wants to speak.
>> May I reserve a bit of time.
I thought everybody had already spoken and somebody popped up afterwards.
>> hello, Tampa.
Paul gordon goodman, 323 west palm Avenue.
I talked to you all concerning these issues before.
I have personal experience.
Obviously this project is oriented towards pearl.
That's a good design feature for this particular plan.
Yes, you -- I think they are willing to make a statement that obviously they have gotten approval for this particular condition.
But I lived over in hyde park, azeele, next to the wonder bread factory, which is a terrible neighborhood, through a chain of different corporate ownership.
Thank God it's finally going to close down.
The City put in corners, curb cuts to allow the trucks to continue to violate the use of the truck pattern that was established by the state.
It was supposed to go down howard, up swan, through dakota which obviously go in the middle of hyde park.
They didn't want to offend the other portion of hyde park so they didn't use it.
When I went to my Councilman after I had gotten in touch with the state and found out they were violating, in other words, the epc sent out a guy with two hearing aids to take a sound check.
So I thought he was impartial.
They were violating the noise ordinance.
So the business owners here, their only concern is whether they are conducting their businesses properly.
If they are conducting them illegally, moving somebody into the area, they clean out and get rid of some problems.
You already got like a blighted situation where about half of it is run -- I had a free place to stay out in thonotosassa because I was managing a multifamily property there.
But as I mentioned, I stayed down at south Tampa christian center for about a month in the warehouse.
The doors are open.
It's a block building.
No insulation.
It's quiet there.
I had a quiet place to go to.
It wasn't necessary.
So the truck traffic was going into burdines, up their driveway right there.
Haines meat packing company was operating their trucks at all hours of the day.
It wasn't really a big problem.
It's obvious when you buy there the guy from eps is why did you buy a house with the factories here.
The house was built in 1908.
Factory built in 1940.
Long term, why not.
So I lived there for a while.
Suffered through it.
They came in, cooked the books.
Showed they were running their trucks lawfully.
Rand the neighbors had to get the crosstown parcel and ran it to stop pollution.
When we took photographs, as soon as the guy comes from the state and says, oh, they are all clear according to the books, 20 minutes later, they are parking trucks in the front yard and backing over through my property.
See what I’m saying?
You buy there, you accept those kind of conditions.
Do you what you can do about it and you live with it.
Affordable housing, it's there.
It's obvious.
There's no liability to the City Council as far as calf yet emptor.
-- caveat emptor.
Due diligence is on part of the purchaser.
It's clear and obvious what's around them.
Look at Ybor City, the project you just get about the alley.
It's got electrical site directly across the street.
You got industrial and manufacturing surrounding you.
Heavy industrial and big trucks coming in and out thereof.
And you have whole party zoned.
People will pay a good price for that.
It's for convenience.
It's affordable housing, nevertheless.
And they are looking long term that they'll probably get a good profit for owning and living there for a time.
That's my perspective.
I've been there.
I've done this sort of stuff.
I think the project is a good idea.
Thanks.
>>Charlie Miranda: thank you very much.
Before we continue, when I came in the meeting this morning, I told Ms. Miller had I to leave by 11:00, and that I would be a little late for tonight's meeting.
I just have a few minutes left.
I thought I would be through the agenda before this, but evidently my calculations were a little off.
Motion to close by Mr. Buckhorn.
I have a second by Ms. Ferlita in a close vote with Ms. Saul-Sena.
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
Ms. Saul-Sena has got the floor.
>>Linda Saul-Sena: thank you, Mr. Chairman.
Colleagues, I represent south Tampa.
Most of south Tampa is undergoing a building -- a residential building boom which is great news.
As some of the speakers pointed out, have very few areas appropriate for commercial zoning.
Commercial intensive zoning.
For these kinds of heavy, noisy, smelly uses, this is one of them.
It's currently zoned appropriately for that.
Although the petitioner obviously thinks they found a great place for residential enclave, I think surrounded by commercial intensive is not appropriate.
Our staff wrote a very emphatic recommendation for disapproval.
They objected on a number of reasons to this request.
The staff wrote an objection because of the noise, because of the traffic and the safety issues and they didn't mention the smell of the kennel, but I’m sure that plays in.
Therefore, I encourage you to disapprove this request.
And by the way, this before us today is an appeal hearing because the staff already disapproved this request.
>>Charlie Miranda: Ms. Alvarez and Ms. Ferlita.
>>Mary Alvarez: thank you, Mr. Chairman.
I've been reading the report from the Planning Commission where I see where policy b-26 and what they wrote in there is that this request is inconsistent with this policy.
It is the intent of the comprehensive plan to ensure that they -- the redevelopment it is a occurs is integrated with the existing development.
The redevelopment proposal is not located on the periphery of a neighborhood.
The proposed development is surrounded by heavy commercial uses.
The proposed development is not compatible with the existing development pattern.
So I believe I have to change my vote from the last time on this.
It's certainly consistent with what's happening in that area.
We see what's happened in the drew park area.
We have pockets of little homes in there that are constantly fighting the battle with the commercial uses that were there.
They were there first.
But then commercial came in.
So it was the opposite.
So I just -- I don't think I can support this.
>>Rose Ferlita: if my colleagues recall, both Ms. Saul-Sena and myself had concerns about this but the vote was already cast and we reconsidered a little too late so we had to wait for the opportunity to review it today.
I definitely disagree with Ms. Rydberg when she says we do not have to protect people.
Yes, absolutely we do.
Whether their interests are of a commercial nature or residential nature.
The gentleman in the white shirt, I’m sorry, sir, I don't remember your name.
He pretty much echoed what I said last week.
We are in the business of protecting residents against business.
And I think at the same time, it's bant -- incumbent to protect commercial interest as well as residential.
This is not a situation of buyer beware.
We are in a position to to approve the waivers and go against what Ms. Moreda very appropriately denied.
Looking at and living in a particular site are two different issues.
And I guarantee you were going to have problems and I think we're looking for problems by putting people in that particular arena.
It's a wonderful project.
Some place certainly affordable in south Tampa.
It's a wonderful price range, but the commercial businesses were there before.
I think this is going to cause a lot of problem.
I can't control my two dogs, so you've got the gentleman there with a kennel that has 30 dogs.
I'm going to tell you, it's going to be an ongoing problem.
And we are going to create a monster.
So I think, again, Ms. Moreda did exactly what you should have done.
Her denial was validated by lots of reasons.
I'm going to move to deny this if this is the appropriate time to do that.
>>Charlie Miranda: any council member certainly entitled to make a motion.
I have a motion for denial by Ms. Ferlita.
I have a second by Ms. Saul-Sena.
Any other council member care to voice an opinion?
Mr. Buckhorn and Mr. Harrison.
>>Bob Buckhorn: Mr. Chairman, I supported the proposal initially.
I think we can and have and will, based on Mr. Conda's agreement to the -- to Mr. Harrison's suggestion that they put a caveat in the buyer's documents that basically states in perpetuity that you understand you are buying into an area that is abutting industrial.
We understand that.
It is long-standing.
It is entitled to do business there.
We enjoy their corporate support, but at the same token, pearl Avenue truly is a residential street.
I mean, we made that concrete literally when we put the speed humps down which we all know was a huge problem for the neighbors, the cut-thru traffic on pearl Avenue.
We recognize it as a residential street when we lowered the speed limit to 25 miles an hour.
I think it is a transition that makes sense, that can work and I would only remind my colleagues that we are right now in the process of agreeing to an rfp that literally is going to -- that is going to scale -- a railroad track right down here at the cultural arts district, a railroad track where the trains are going to run twice a day.
We're going to put a condominium immediately adjoining that.
And at the same time, we, you know, think that that can be buffered and that can work.
So I think that there is an opportunity to do this.
I think there's an opportunity to do it in a fashion that we warn enough people about what they are purchasing.
And that this use is a compatible use in south Tampa.
Tampa is a city where we have commercial uses abutting residential all over the City.
It happens -- I mean, that's the way this town is developed whether we like it or not.
So I’m going to support the petitioner as we move forward.
>>Shawn Harrison: I agree with Mr. Buckhorn.
We have a conflict between the Planning Commission and the real world, basically.
And the real world is that this property has been zoned this way for many, many years.
There have been no takers on it.
And the reality of south Tampa is things are so expensive and people want to live there -- things are so expensive and people want to live there so badly that they are going to be willing to buy property in an area that clearly is surrounded by residential or by commercial.
So I think that -- I think the plan -- we have to take into consideration the Planning Commission and our staff's positions.
But the fact of the matter is, this property is going to be vacant probably for a long time if we don't do something with it.
And I just think that concept of first in time, first in right should apply here.
The existing businesses that have been there for a long time are not going to be put out by the fact that there are going to be 20 residences here, especially if the buyers are going to be put on notice and these businesses will have the ability if there are going to be -- if there are going to be complaints made to show us in the future that, hey, these folks knew what they were getting into.
So I think in all, it's a good project.
And I do think that the market considerations ought to be taken into account here.
So I’m going to vote against this and vote for the project.
>>Gwen Miller: thank you, Mr. Chair.
You know, we're always talking about development and want to increase the development of our city.