City Of Tampa Tampa City Council 2021, 18 Feb 2021

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From YouTube: Tampa City Council 2-18-21 1:30pm hearings part 2

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A

B

C

The thrill is gone.

C

It's gone away for good.

C

You know I'm free free now, baby.

D

E

All right I'd like to call this tampa city council meeting back in session roll call, please fiera.

C

Ding felder maniscalco here carlson here, citroe.

C

Miranda, we have a physical coin. Thank you very much. Miss wells.

E

The mic is not on.

F

Sorry, thank you, kate, wells, chief assistant city attorney. During the break we consulted with mr.

F

Loro, he is also representing igor sorry, ibor cigars, plus, it's item number 69 on your agenda.

F

I believe he is willing and his client is willing to stipulate on the record.

F

In order to resolve this today, without the need to go through a hearing that there is a violation of.

F

Section 27-318 c1f and that they would also agree. The client would agree to a three-day suspension.

F

Similar to the penalty imposed in the prior case, the difference being they're requesting.

F

A suspension that would run from monday through wednesday it's my understanding, based on mr larose.

F

Representations that they are open seven days a week and a much smaller establishment than the.

F

One heard under item number 68.. So if mr laro and his client can step up to the lectern on.

F

The second floor and make those stipulations on the record for council's consideration.

E

Okay, uh we have a motion already to open the hearing, so we don't have to do that and.

E

Everyone's been sworn in so mr laro, if you're at the kiosk, I would like to all right go ahead, sir.

G

Yes, uh I would like the council to consider ratifying our.

G

Stipulation, and that would in include the admission of the violation and.

G

The imposition of a three-day suspension, beginning monday, tuesday, wednesday of next week no appeal is.

G

Being qualified, my client is here with a certified interpreter, so he understands everything that.

G

We're doing, and if you want to place him under oath, to ratify and confirm everything that we've.

G

Just said, if the council would like to consider that that might be a very reasonable resolution.

G

To this second hearing today, very good, so if the gentleman and the interpreter could approach the.

E

Election, please raise your right hand and we will swear you in just to be safe. Just for the record.

E

The interpreter as well, do you swear and affirm that the testimony that you're about.

C

To give is the truth and nothing, but the truth. Thank you. Yes, very good. Okay,.

H

Perhaps mr laro would like to have a a colloquy with his client for the record, do you need to.

E

Speak with your client first, or is he already aware, as long as he is uh please state his.

E

If he states his name for the record, he's fully aware of what we've discussed.

G

And he understands is knowledgeable and consents to the resolution as described.

H

And does he confirm that the gentleman's name again is.

D

Orlando rodriguez and sir uh you've heard what your attorney has stated, that is, your agreement.

C

Yes, yes, and, and you understand what the uh the settlement and the the penalty are, is that correct.

C

Yes, thank you.

E

Thank you very much. If you'd like to proceed, the offer is, is before council for council's consideration. Okay, councilman ding.

E

Photo, I see your hand up, sir, thank you, um ms wells or, or and or miss johnson velez.

B

In the last case, um you guys started out with a recommendation of 30 days.

B

I don't know what your recommendation was for this case, but now there's been an offer from.

B

The other side, um do you have a recommendation that the city administration uh would recommend.

B

That we settled this matter of pursuant to the agreement um and and then my question.

B

Would be- and this might be more for council than for you- um is a monday tuesday, wednesday.

B

A big enough slap on the wrist um when we all know that those might be the slowest phase of the week.

B

So that's probably more of a council question, but but anyway kate. I guess my question to you.

B

Is uh as the prosecution do you guys agree to this recommendation? Councilman dingfelder, yes,.

F

In fact, we had approached mr laro with the result of the prior case and suggested that if his client.

F

Was willing to stipulate on the record to a violation of chapter 27? And we were the ones who.

F

Recommended the same uh suspension period, given that that was council's action in the prior case.

B

But how about the monday, tuesday, wednesday, versus thursday, friday saturday.

F

That is acceptable to the city based upon the fact that it's a smaller establishment and they confirm.

F

That they're open seven days a week, so that is acceptable to the city. Thank you, mr chairman.

E

Thank you. Thank you very much. Having said that, mr laroche, you have anything to add at this time.

G

Nothing other than requesting the council confirm our stipulation very good. Having heard the.

E

Testimony or the discussion had and the comments by mr laro is there a motion on the floor or would.

E

Anybody like to make a motion in regards to this uh settlement or agreement. Well, if we can close.

H

The public hearing just all right, let's get a motion to close the public hearing motion from.

E

Councilman vieira secretary constance troll in favor aye all right who wishes to make the motion.

H

I believe can we in unless um miss johnsonville wants it articulate? I believe the motion would.

H

Be to accept these uh settlement, as stipulated the admission the admission of violation. Do you.

H

Want it in two parts: susan johnsonville senior assistant city attorney? Yes, what I would suggest.

I

Council is that you accept the stipulation of the defendant and based upon that, find that there is a.

I

Violation of 27, 318 c, one four uh c one f and then impose the penalty, as stipulated by uh mr laro. So.

D

I'll move I'll move that we accept the um admission by the defendant is that right.

D

Or do I have to add all the other part in the first motion accept the stipulation.

I

Or the admission of a violation and based upon that, find that there is.

I

A violation of section 27-318, c1f of your code, so I would like to move that. Please.

E

Okay, we have a motion from councilman carlson, second from councilmember miranda, roll call vote.

E

Fiera, yes, goats, ding, felder earth, maniscalco, uh no carlson, yes, seatro, yes, miranda, councilman, miranda,.

C

Motion care with councilmember, ghoul's being absent and councilmember maniscalco voting, no okay,.

E

Thank you very much. That concludes. Oh I'm. Sorry, sir, this portion is not supposed again so then.

I

um The second part would be to accept the stipulated penalty of a three-day suspension.

I

On monday, tuesday and wednesday of next week, all right do we have the motion to that effect.

E

So move to that effect. Second, from councilman miranda, roll call vote.

C

Vieira, yes, goods, ding felder, yes, maniscalco, no carlson, yes, sietro. Yes, miranda.

C

Motion carrot, councilmember, gould's, being absent council member maniscalco voting no.

C

Thank you very much. Thank you. Thank you very much. Council members, I'm incredibly grateful for.

G

The privilege and the opportunity to present those cases before you today I do have one.

G

Brief point of order, I have a case scheduled before you for carlo bay prana. On monday, the 22nd.

G

And there appears to be a second hearing on march 4th for the property owner and all the documents.

G

Looked to be identical, I was going to see if it was perhaps possible for me to request that those.

G

Hearings be consolidated for the march 4th date, rather than have to hear the exact same testimony.

G

And evidence for two different entities- and I was going to speak with the assistant city attorney.

G

About that, but uh ms johnson velez, if you'd like to comment on that susan johnson, velez senior.

I

Assistant city attorney, um I think mr larose request would be appropriate to come before you.

I

On monday, when that item is on the agenda, okay, sir, we have the special call meeting on monday.

E

If you come in and then make your request, then so we have that specific hearing open.

E

As you wish, thank you very much we'll see you monday. Thank you, sir.

E

Okay and my apologies for this final item, which is item number 66, thank you for your.

E

Patience, these cases are new, and these are some of the first ones that we are hearing.

E

So we'll go on with item number 66, I see mr eric cotton. I believe you will be presenting first, sir,.

E

And if we could, uh would you raise your right hand we'll swear you in.

C

Do you swear affirm that the testimony that you are going to give is the truth and hold.

C

True, nothing but the truth. Yes, ma'am. The chairman, martin shelby, is the um the.

H

The applicant online and able to be sworn in the applicant is in person.

H

On the second floor, okay, I just want to make sure that the applicant is able to observe.

H

And watch what is happening and I know she's been waiting very very patiently and we apologize.

I

And I'm sorry, mr chair, if I may just make a few brief opening remarks before mr cotton, yes,.

I

Ma'am. Thank you, sir uh susan johnsonville senior assistant city attorney council. This is a review.

I

Hearing for an s1 su-1 special use permit pursuant to land development code, section 27-61b3, an su-1.

I

Special use, permit is one that has already been determined to be an allowed use if it meets the.

I

Cri the code criteria for that specific use found in section 27-132 in this case for an accessory.

I

Dwelling unit, as well as the general standards that apply to all special uses that are found.

I

In section 27-129, so you can find the specific criteria. At page 1 of the staff report and the.

I

General standards at page 2 of the staff report, this application did not meet the code criteria so.

I

The petitioner is here to request a waiver from council which staff could not approve because.

I

Staff cannot grant waivers. The petitioner has the burden to prove that she meets the criteria.

I

For the waiver, the council shall grant waivers if you find that the application, after granting.

I

The waiver is consistent with the applicable general general standards set forth in the code.

I

This review hearing is de novo, which means you are not limited in your review to the information.

I

Documentation or evidence upon which staff based its decision. However, you must apply the criteria.

I

In the code to the evidence presented so I'll now turn it over to mr cotton and thank you.

J

Good afternoon councilman, I share my screen. Please have a quick powerpoint to run through.

E

Did you see a big powerpoint? No quick powerpoint? Oh thank you. Thank you.

H

Can I can, I just have some sort of confirmation that the petitioner is able to uh observe this.

H

Hearing and the evidence that is being presented, I don't have any independence, I believe so. I know.

E

My legislative aide was in communication with their in person on the second floor. Well, I don't.

H

See her in the kiosk, and I just want to be sure that she's able to see what, if we could have the.

E

Petitioner, come to the kiosk just to confirm that you can see everything I am at the kiosk now and.

K

Yes, I can hear and see everything. Okay, we'll swear you in once. He finishes the presentation.

E

We get to you. Thank you very much go ahead, sir. um This is a as um ms johnson velez alluded to.

J

This is a petition for review for su 1-20-28. It's for an accessory dwelling unit in seminole.

J

Heights, the address is 1421 east crawford and the applicant where the petitioner is janice watkins.

J

As was alluded to, the applicant is asking for the accessory drawing unit up to 505 square feet.

J

The maximum amount the maximum size allowed is 950, so she meets that requirement.

J

However, there's a provision in the code that says you cannot put an accessory dwelling unit in a.

J

Structure that is considered to be non-conforming or made conforming as a result of a variance.

J

The existing structure that she wishes to use is 0.39 feet from the side property line.

J

So, as a result, staff had to deny the request, as you can see on the site plan was highlighted.

J

In yellow is the side yard, it is an existing structure. um You know, you'll show enough photos.

J

In a little bit, that's that it's it's very close to the side property line, and this is just an.

J

Aerial, an area map of the property- this is again is in symbol heights on the south side of crawford.

J

And this is just a picture of the front of the structure. This is the subject property in question.

J

And I apologize for it being blurry, but it was foggy out the day I took the picture.

J

This is the accessory structure in question again. This is 0.39 feet from the side, property line.

J

And that's my presentation: if council has any questions I'll be more than happy to.

J

Answer answer them for you, councilman citro. I see your hand. Yes, sir, and.

E

Councilman ding phil. Thank you very much, mr cotton. When was this built? Do you know.

J

The accessory structure- yes, sir, I believe it was built in the 50s, but I'm sure the.

J

Applicant can clarify that date. Thank you. Thank you, mr chair councilman, dean, felder.

B

I'm sorry eric it's been a long day and I I got a little confused. So so what? What is the desire of.

B

The of the uh okay good: what's the desire of the petitioner um that she has, they have an existing.

B

Accessory structure and they want to do what to it, they said. Is this an accessory structure? They.

J

Want to make it into an accessory dwelling unit in some of the heights you can have and.

J

Have accessory dwelling units as a special use and they can be rented out versus versus an extended.

J

Family residence, which the council often sees so this is actually could be a rental property.

J

But the problem is, is that it's too close to the property line, so it's non-conforming.

B

And and therefore you can't allow it correct: okay, are they adding on to the um are they proposed.

B

Adding on to the existing uh accessory structure or just leaving it and changing the use.

J

Just leave my understanding, they're leaving it the way it is, and just remodeling the inside.

J

And setting it up to have a kitchen, so it could be used for rental property.

B

And otherwise the rental, a rental property like that is otherwise allowed in that neighborhood.

J

Yes, sir, what's the special use approval with discussions? Okay, thank you. Thank you, mr.

E

Thank you very much. Anybody else, okay, and if you have anything else, sir we'll go to the petitioner.

E

Yes, no, no, I'm good, you're, good! Okay, the petitioner! If you approach the uh would approach the kiosk.

E

Raise your right hand we'll swear you in do. You swear confirm that the testimony that you're.

C

Going to give is the truth, the whole truth and nothing but the truth. Yes, all right go ahead.

E

Ma'am, you may present your case. Thank you good afternoon or evening at this point, councilman.

K

um So, do you mind if I use the elmo that turns on automatically? Yes, we can see it go ahead.

K

So, as staff aptly explained, this is a house with an accessory structure in the seminole.

K

Heights district, the applicant janice watkins. She lives in the main structure.

K

So it's her home and the accessory structure is in her backyard, and that is the proposed rental unit.

K

You know: city council has been so supportive of the rebirth of seminole heights and it's the.

K

Renaissance that it's going through and I think, a large part of the fabric of the seminole heights.

K

District has been the rehabilitation of the homes in the district and these historic backyard.

K

Bungalows that so many of the homes have so. I think, this waiver that we're requesting as I'll.

K

Go into a little bit more in my presentation later is totally um consistent with the.

K

Pattern and the conduct of the neighborhood, because a lot of people do rent out these.

K

Little bungalows in their backyard the pictures that mr cotton showed I'm going to show you some.

K

Pictures of the home now the applicant has done an amazing job of rehabilitating it. The way that.

K

People in seminole heights do ms watkins bought the home at the property, with the expectation.

K

That she could rent this unit, she is a disabled person, she cannot work, and so she has staked.

K

Her whole livelihood on the ability to get rental income from the property that she also can live on.

K

um And she knew that the accessory structure was rented out by the prior owner for years. In fact,.

K

One of the next door neighbors used to have a friend who was a tenant, um and so she you know.

K

As many people do assumed that that was something she could keep doing, um that the prior owner had.

K

Been doing she even refinanced her home to get the money to make the improvements to the accessory.

K

Structure, and so she can't rent it, she risks the ability to even pay her mortgage. At this point,.

K

So you just saw this, but um this is, as you can see, it is very close to the boundary line. The.

K

Fence is on her side of the property um and the um it's yeah. It's about five inches at the.

K

Closest point and eight inches at the farthest point away from the boundary.

K

And again, to reiterate the code we can meet all of the other criteria, except for the technical.

K

Setback requirement because the setback and seminal heights for a side yard of an accessory.

K

Structure is three feet, although, as you'll see throughout the district, that's typically.

K

Not observed, apparently, I have some photos that it's very common for these structures to be right.

K

Up against the side, um as a general note, the accessory dwelling units are common throughout.

K

The district, in fact, I believe mr cotton is speaking at this workshop next week, um showing.

K

Seminal heights residents, how they too can have an accessory dwelling unit on their property and.

K

This is a distinct concept from a mother-in-law suite or an extended family residence which, as.

K

I'm sure you've seen before is a separate special use. Permit different rules. So you know this is a.

K

Unit, that's meant to be rented um that's what that particular special use that we're asking for is.

K

Here are just some aerials from google maps. um Of course, there's a lot of homes in seminole heights.

K

But I thought these were particularly great because they're groupings of homes that have.

K

These accessory structures in the backyard- and I don't think we need a survey.

K

To show that these accessory structures are right on the boundary lines.

K

Whether these are rentals or not, there still is showing a pattern of accessory structures.

K

In the seminole heights district that do not comply with the three-foot setback.

K

As a side note kind of- and I know of course, the uses that the property appraiser has on their site.

K

Do not always actually line up with the actual zoning on the site, but from a taxation perspective.

K

The property appraiser considers the accessory structure to be a single family dwelling.

K

As you can see, it says it was built in 1959 and the main home was built in 1940, so janice.

K

Is paying taxes on the accessory structure as though it were a dwelling and, as you can see,.

K

A snippet from her trim notice its two homes and then her also her disability exemption. So she is.

K

Being taxed as though she had two dwellings um and also she's paying her insurance premium on.

K

um The accessory structure as a separate unit as well so she's paying for it, but she's not.

K

You know currently from a zoning perspective able to have it as a dwelling um here are some photos.

K

I apologize that they're a bit dim, but this is looking at the accessory structure from her back.

K

Porch she constructed a fence to give the renter more privacy and to give herself more privacy.

K

As you can see, she's really fixed it up. This is the view of her house from the front door of the.

K

Accessory structure, so it's really well kept. This is exactly the kind of thing where she's turned.

K

It into one of these really cute seminal heights homes and a really nice bungalow in the backyard.

K

Here is here are some more photos, so you can see this two-story accessory structure belonging to.

K

The neighbor in the backyard from these aerials, you can kind of see that the actual distance.

K

So her her structure would be somewhere in these trees. um The distance between the house.

K

Like his house and her structure, I measured it on google earth and it's.

K

At least 20 feet, so it's pretty far it's tucked back there under the trees.

K

uh And here oh yeah, here's some aerials kind of just showing how the site's laid out the.

K

Accessory structure's back here again, you can see it's pretty well buffered from the right of way.

K

And one point I want to bring up is the parking, so you can see from here. We have a couple of.

K

Spaces, which is what is required for the single family home, but what we are also proposing to do.

K

In connection with again, the structure itself is not going to change, but this is required.

K

By the code to have three parking spaces, um what ms janice watkins is going to extend the width of.

K

The driveway so that she can have three parking spaces, as required by code, so that alleviates.

K

The potential for residents of the rental property to be parking on the street, which.

K

Of course could be a problem for the neighbors, so having adequate parking is obviously very.

K

Important it's something she's wanted to do for a long time and actually a tangential. She could.

K

She couldn't do it because of oak tree, and now it's gone, so she can do this now and she will.

K

We did receive some letters of support from surrounding neighbors.

K

Who are close, this is the next door neighbor to the east, who shares the east boundary line with.

K

Her this is a neighbor who's adjacent to the south, and this is a neighbor who's directly across the.

K

Street so they face each other across to the north, and this was the neighbor one block to the south.

K

So in some we're asking for a minimal waiver, it's going to be a difference of less than three.

K

Feet to an existing structure, the siding of the structure is not going to change.

K

All the other criteria of the special use permit are met, and this is the only one we're going.

K

To be improving the parking situation, which is huge, of course, because parking is an issue and.

K

You need enough parking, this was a property that had a history of a prior owner, renting it out and.

K

Whether that was permitted or not, and but that's not gonna- result in a change of the way this.

K

Property has historically been treated. It's a common and accepted practice in seminole heights.

K

And so what is the difference here? Janice is going to be able to have the income that she needs.

K

It's her sole source of income. Without this, she loses that income that she staked everything on.

K

She loses the ability to pay her mortgage and potentially she could lose her house.

K

So, with all this in mind, we respectfully request that council, please grant this.

K

Waiver for janus, thank you. Thank you very much. Do we have any questions from council members.

E

If not we'll ask for public comment, do we have anybody in the public that wishes to speak? Is.

E

There anybody there on the second floor in person that wishes to speak on this item.

E

Let's just wait a moment to give: yes, we see someone there. There is not anyone here. There's.

E

No one here any questions or comments for council before we ask for a motion to close.

E

I know this is very common in seminole heights that you have a a structure in the back. You know.

E

A second residence or a mother-in-law suite, however, you want to call it. I know quite of.

E

Quite a few properties like this that are historic, and you know before the code before a lot of.

E

Things were written, these structures were built. So, having said that is our emotional clothes, clothes.

E

Motion clothes from councilman citro, second from second councilman, all in favor, all right.

E

Wait just describe that motion.

H

I guess the hearing is just reopened, then counsel by unanimous consent.

E

Move to reopen, we have a second from councilman vieira, all in favor, aye.

E

Hearing is reopened, we'll go to councilman miranda, then councilman, ding felder.

L

The reason I asked for the floor, I'm sorry I was a little late and do it, mr chairman, is that every.

L

Case is different and I've been very cycling about certain areas of the west part of the city in the.

L

East part of the city- and uh this is something that is a lot different than what I have seen.

L

Throughout the city of tampa, this is somebody who has the land in the back. There's a building right.

L

There it's not an attach, it's not part of a of a you know, a carport made into a 16 by 10 apartment.

L

And people live there in unbearable conditions. This is something that I can support for where.

L

Where I live at it's a it's rapid, there's, nothing different, nothing close to this than just.

L

Hogwash and first-come first-served. Thank you. Thank you very much. Councilman dingfelder.

B

Yeah, the only thing I was going to say just for the record and for anybody who's watching.

B

Mr shelby, maybe you maybe you can help me say it is as much as we sympathize with um your client.

B

Or anybody who's in difficult circumstances, um I've been I've been told many times as a.

B

Councilman and a vrb member- and I think mr sutra has too we're not supposed to make our decision.

B

Based upon you know, those types of issues is help me out. Mr sheldon well said councilman.

H

Dingfelder and you are correct- this is something that is the code and it needs to be applied.

H

But the decision runs with the land. Am I not correct, mr cotton? If I'm ready for a minute.

H

I'm just so, I'm sorry can, can we just? Can we just confirm what I wha, what we're discussing.

H

Because I'd rather hear the staff say it, mr cotton special uses will can expire.

J

If this is ceases to be used as an extended as a accessory drawing unit, it can expire. One of.

J

The provisions of the code which we haven't done this year because of code, but is we normally do.

J

Inspections just to confirm who's living there and that is currently being used if it goes.

J

Vacant, let's say ms watkins sells the property and somebody else moves in. They don't want to rent it.

J

The special use goes away, so the accessory dwelling unit would go away, but the structure.

J

Itself would remain. Okay. Does anybody have any other questions for mr cotton regard to the tech.

H

Technicalities of it, um no, I believe the applicant was was going to speak, certainly, certainly when it.

H

Comes to land use cases, um a council, member, ding felder, you are correct, the economics of it doesn't.

H

Necessarily enter into your equation of how you decide what needs to be decided.

B

Thank you, mr shelby and ma'am. I'm not necessarily saying.

B

One way or the other, but I I just you know we don't we don't want people coming in.

B

Basing their cases on on the particular hardship of a person, of course,.

K

To mr shelby's point, you know this: this is kind of a funny situation where it's it's not a variance.

K

It's a waiver, and so you know council has the discretion really to grant it or not, um whereas a.

K

Variance is, as uh mr cotton was saying, a variance would be something that would run with the land.

K

But yes, I think one of the great things in this case about a special use permit is that.

K

There is an annual review and so city staff is able to make sure every year that conditions.

K

Haven't changed that say, for example, the parking got out of control and the parking was no longer.

K

Satisfying you know the neighborhood, or there were other problems that had arisen. There is a way to.

K

um It's kind of a backstop and a way to monitor these things. So it's not. um You know, I know.

K

A lot of people would maybe express concerns about the parking again we're alleviating that.

K

But, for example, if it got out of control, the city would be able to reassess that and there would be.

K

A new public hearing for it, so I you know, I of course have an obligation to tell you. You know.

K

My client's situation, but I completely understand that's not what the the decision is based on.

K

However, we don't see our request as anything more than a minimal. It's kind of you know it's.

K

A setback, it's consistent with the pattern of the neighborhood. It's a tacitly approved part of.

K

The neighborhood, so that's really what I think. In my opinion, the decision would be based on.

E

Thank you very much. If there's nothing else. Moving close, we have motion councilman citroe. Second,.

E

From councilman carlson, all in favor aye any opposed okay. What is the pleasure of counsel to.

E

Overturn or to uphold the denial mr chair, if I may yes, sir, go ahead as I move to overturn.

M

The zoning administration's denial of su 1 20-28 petitioners demonstrated the petition.

M

Meets a specific standard set forth by section 27-132 and the compliance of 27-129. The use is.

M

Compatible with the continued contiguous and surrounding property, and that the use will not.

M

Establish a precedent or encourage more intensive or incompatible uses in the surrounding area.

M

This has been there for probably over 60 years and has fit in with the neighborhood.

E

We have a motion from councilman citro, a second from councilman vieira roll call vote.

C

Vieira, yes, goods, ding, felder, yes, maniscalco, yes, carlson, yes, cedro, yes, miranda.

C

Motion care unanimously with council member google's being absent. Thank you. Thank you.

E

Very much thank you, mr chair. It's 5 25 and we have concluded this morning's agenda.

E

Congratulations.

H

A favor, if I can, as you know, the matt dinton's case 405, south howard avenue, has been continued to.

H

March, 8th, you have these papers in your procession. Yes, if you'd like, we can collect them to make sure.

H

You'll have them on that date, otherwise, you're going to have to be responsible for making sure.

H

I'll take care of mine, I'll just put them in my office and I'll. I have them right.

E

Here ready to go well, okay, but the thing is they can't stay there. They'll have to.

H

Know I'm going to take them to my office. Is there anybody who wants to turn them in.

H

Or you're all going to be able to hold on to them, and certainly mr.

H

Ding felder and mr miranda, they can be able to do that. I just want to make a room.

H

I just want to make sure everybody has one on the eighth I'll. Okay. Thank you very good.

E

Let's go to new business councilman vieira: do you have anything for new business uh yeah just.

A

Something really quick, if I may, um as a follow-up and a prior motion, I'd like to set the date for a.

A

Resolution in insists in support of senate bill 386 in house bill 557, which is legislation to.

A

Eliminate driver's license suspensions for unpaid fees and fines to come before regular council on.

A

March uh 18th, we have a motion from councilman vieira. Do we have a second second councilman.

E

Carlson, all in favor aye any opposed. Thank you very much, sir. Anything else, yeah and just really.

A

Quickly, if I may, on on february 23rd at um it's going to be available virtually- um and I don't.

A

Know how they're going to be handling the live portion of it, but at um hyde park, united methodist.

A

We're doing a a dialogue with numerous ministers on religious faith and our equal.

A

Justice initiative: lynching, a memorial, lynching project, we're going to have their um pastor glenn.

A

Dames um a gentleman I gosh darn, it forgot his name from muslims for fairness, demar favoriness,.

A

And democracy um uh rabbi jason, rosenberg, um deacon, scott payne, who used to be our district.

A

Seven city councilman marty remembers him just a great guy um and uh pastor christopher harris.

A

And um and other individuals, but our friends at hyde park, united methodist, approached me on.

A

This and they're uh hosting this and I'd, encourage everybody to if you can't attend virtually or any.

A

Other way, myself and representative driscoll and others will be hosting that and we look forward.

A

To that, thank you so much. Thank you very much, sir councilman citro. Do you have anything, sir.

M

Yes um again, I would like to send councilman gootz our our.

M

Our heartfelt condolences in the passing of his father and I know.

M

That he will be having some services, both tomorrow and gravesite on saturday.

M

It it, of course, is with the sad heart that his father has passed. uh I'm going to be.

M

Saying a couple things and marty. Excuse me, mr shelby, please tell me if I'm, if I go overboard.

M

uh Number one um I made a motion earlier today and I forgot to include the builders to be in.

M

There, with tico, with csx, with miss duncan mr b day and legal staff, and I would like to include.

M

The builders to be along with that number two last year could we just make sure the clerk is aware.

H

Of making that notation doing any official action by unanimous consensus.

H

And this was and thank you very much on the sidewalk issue. Yes, yes, that's correct. That's.

M

The only motion I made today so far. Okay, as far as that goes, uh I lost my train of thought. Oh a.

M

Year ago, uh this city council had passed a motion to give a commendation to mr ernie mueller, who was.

M

An assistant city attorney for the city of tampa that was back in april before covet. We have yet to.

M

Give it to them him, and I am hoping that we can all agree on march 18th. He can receive it if we.

M

Are still in the same covenant situation that we are, I will go down and personally hand it to them.

E

We have a motion councilman citrus, like councilman vieira, all in favor.

M

um Lastly, and this this is just coming from me- I'm not including city council on this citizens.

M

There are some people who say we don't have the wherewithal.

M

Or the power to persuade any other governments, meaning state.

M

But we have seen, as in today with a motion or ordinance that was made.

M

That somebody already wants to write preemption in tallahassee.

M

Citizens we have already seen our tree ordinance preempted by tallahassee. We.

M

Have seen our short-term rentals preempted by tallahassee clean air, clean water are covered.

M

Protections that we've put in place have been preempted by tallahassee. Please.

M

Write your state representatives write your state senators call them.

M

And ask them to stop any further preemptions, not only against the city of tampa.

M

But counties and municipalities and other cities around this state, we need to pay more attention to.

M

Home rule, we don't need other people from other parts of this state to tell tampa what to do.

M

Amen and with that mr chair, I am off my soapbox. Thank you very much.

E

Councilman vieira, uh thank you, sir, and I just wanted to add to that. You know that you know my.

A

View of preemption is preemption, does have a role, but it's a very nearly tailored role and the way.

A

This legislature has take taken. Preemption is they've, abused that very narrowly tailored role.

A

With a one-size-fits-all hammer that sees every municipality as a as a nail, and I think that this.

A

um uh Ordinance uh apprenticeship, ordinance is, is uh a true example of that and if you guys would.

A

Like I can talk about that ordinance for another 25 minutes, please yeah, we'll just we'll just.

M

Yes, councilman vera. I understand there are certain state rules and regulations that.

M

Make it easier for everyone to travel in between municipalities and counties? I I.

M

Don't want to bring it up, but concealed weapons permit is one driver's license is another. Yes, we.

M

Understand there have to be those rules, but please tallahassee tampa knows what's best for tampa.

M

Thank you, mr chair, thank you councilman vieira councilman carlson yeah. Just to add to that, I.

D

I took a course in graduate school on on this topic and uh you know the argument that I made.

D

In favor of uh local control is that um it's one of the things that makes the u.s unique.

D

It gives us innovation, it helps us create environments and and communities where.

D

People want to live, you can choose to live in whatever community. You want. Some people in other.

D

Countries wonder why we aren't uniform across the entire country and we are in some ways. But the.

D

Innovation and kind of competition between cities and counties and states allows us to innovate and.

D

To be competitive with other countries um also, I just want to second that um the condolences.

D

To our colleague, councilman gootz and his family, and also to patrick mantega and his family as well.

D

We got a note from chief chief of staff a while ago that there was an accident.

D

In a water treatment plant and just wanted to, you know say that the the folks involved.

D

In that are in our thoughts and prayers as well hope everything works out. Okay,.

D

The last thing is that I mentioned last week that I would suggest that we withdraw the.

D

Discussion about the coastal high hazard area uh moratorium. I think it's on next week's agenda. I.

D

Was trying to figure it out, mr dingfelder? That was your motion. If you want to withdraw instead, you.

D

Can but here's my argument for it. um We we put a separate uh motion on the table for november.

D

Since then, I've had three or four different conversations with uh planning and and.

D

Land use and and legal, and uh I think that, knowing that the people at south of gandhi.

D

Want a south afghani solution, and now there are lots of options that we've all put on the table.

D

They would like to focus on a south of ghandi solution, we're already getting feedback that.

D

The coastal high hazard area uh focus is uh is, is, is too extensive; it covers the entire coastline.

D

Of city and may not be fair to everybody, I think between now and next week or whenever.

D

This comes up, we're going to get inundated for uh with lots of emails and everything about it.

D

When, when I think we all in good faith, were trying to find a solution for south afghani, and I think.

D

That that was what uh mr dingfeller's original motion was uh that led us into this. um So.

D

Unless mr ding feller council member ding fellow, would like to, I would like to um make a motion.

D

To withdraw that um uh from the agenda, would you like to make that motion instead or you want to.

D

Vote against it, or, if I can, mr chairman, before you, take that up, I believe I'm sorry, mr dingfield.

H

I just sorry I just wanted to make clear that, for the purposes of discussion.

H

My understanding looking at the calendar is it set for uh staff reports on march.

H

4Th yep, thank you, I'm sorry to interrupt. Yes, sir councilman ding faulkner.

E

Thank you. Well, this is the first. This is the first I've heard of that uh proposal to yank.

B

It uh to yank it off the table. um Frankly, I'm a little surprised. I think, there's been.

B

A significant public outcry, south of gandhi and elsewhere in the peninsula, to.

B

Do something now not to wait six months nine months a year, because.

B

All of those zoning applications will keep coming in and keep coming in.

B

At the maximum maximum level, just like they did last thursday night, so the difference is that.

D

When, when I brought it up a coup a couple weeks ago, the staff said give us until november.

D

Because we have this other one, coming up and they've probably already worked some on it.

D

uh But the proposal is still the proposal on the table is still to do something south of gandhi.

D

uh But the co it appears to me anyway and having extensive conversations with staff.

D

That the coastal high hazard area uh pre, uh what do you call it predication is- is too extensive.

D

And it's in speaking to the neighborhood leaders, south of gandhi. uh They only want a solution. South.

D

Afghani they don't, they don't want to adversely impact the rest of the city, and so we would still.

D

With this other motion, hopefully we would be able to move up the date from november.

D

And still have a conversation south of gandhi on a robust conversation but the if, if we don't take.

D

The coastal high hazard proposal off the table um there's going to be a big discussion about.

D

It and it looks like there are better options now: okay and we're sort of on the same page,.

B

Because a week ago I called uh contacted uh one of the senior staff members involved and I said.

B

The same thing I I said, I think we need to narrow it. I don't think coastal high hazard is a bad.

B

Issue a bad issue to rest, our arrest, our our our our ordinance, our temporary moratorium, ordinance.

B

On I think it's a very valid issue because it has to do with evacuation and that's what all the.

B

Testimony has been about, but I do agree that it's not as relevant elsewhere in the city and so what.

B

I suggested to the senior staff person was that, if we're talking about evacuation and transportation.

B

What we could do is exclude some of the areas like downtown and channel side and in ybor.

B

City, which are probably in the coastal hazard area, armature works, etc. We could exclude them if we say.

B

Coastal high hazard area, except those areas that are on transportation, transit corridors, so.

D

What the what the lawyers are telling me and, and unfortunately, we can't talk to each other, because.

D

Of sunshine, but what they're telling me is that we can't just carve out part of the coastal high as.

D

Our area, and so what we can do is take the other you can climb it out. You can carve it out if you.

B

Have a valid reason, and I'm saying the the valid reason that I'm proposing I would that I've been.

B

Proposing to staff and I'd you know. Obviously this is a good opportunity, because of council is that.

B

We that we do not include those parts of the city that are on transit and transportation corridors.

B

Because if you're on a transit or transportation corridor, hopefully in the future, you have other.

B

Opportunities by a rail or a good bus system, or something else to be able to to move away and to.

B

Possibly to evacuate but that that doesn't apply to the south agandi area, because.

B

Much of that south again, the area is not in you know not necessarily on on a corridor.

B

Except perhaps along the rail line yeah, I think I think this just and I think the solution for.

D

South of gandhi is going to be a combination of planning, um uh bringing new resources there.

D

In improving amenities, approving transportation, hopefully some kind of mass transit.

D

Unfortunately, we can't talk about this outside of this room. We can end up talking about it. Next.

D

Next week, I would rather on whatever march 4th. I would rather just take that off the table and and.

D

And have the other discussion and ask staff to uh so let let me just with apologies to let me just.

B

Say one thing before you make the motion. Okay, I don't believe in a slight of hand when it comes.

B

To to to our constituents, I think that they have been coming to us for months and months and months.

B

Back in november or october, staff said that this was a reasonable option. Okay, I don't think we need.

B

To throw the baby out with the bath water, I think we could come the next week and we could modify.

B

And tweak it so it doesn't include the whole city because I do agree with you. It doesn't have.

B

To include the whole city, but this particular staff, including our economic development staff,.

B

Has not been in favor of moratorium period, so we have. It sounds like we have two weeks I'll, stop.

D

Here I won't make the motion and I'll ask uh councilman dingfelder. Maybe you could speak to.

D

That the whole group that I spoke to about all the other options that are out there and.

D

And also speak to the south of gandhi, neighborhood leaders and then and then uh you know either I'll.

D

Make a motion you make a motion next week. I just think that there you saw all the folks that are.

D

Upset about us extending it uh way beyond south of gandhi and we're going to have lots of angst.

D

In the community there's a lot of worry about it. One of the things that's happening is uh land use.

D

Attorneys are thinking about filing early, you know pumping lots of things in and I think that'll have.

D

The reverse consequence that we want, and if we just have a south afghani solution, it will address.

D

The issues that south afghani leaders want, we just don't know what that is: coastal high hazard.

D

I think is not going to be the right solution. There are other solutions. It may be that it will.

D

But but but having the geography of including all the areas outside of south agandi, I think.

D

Is going to create a lot of banks in the community, so I'll I'll wait on a motion until next week and.

D

And then maybe we'll, let mr dingenfelder go first and see if he wants to make a motion for us next.

D

Week, thank you. Thank you very much. Councilman dingfield. Do you have anything for new business.

B

Yeah I had I had one issue that I'd like mr shelby to look into. If the council would agree to the.

B

Motion um we had this thing and and charlie. Maybe you know where it started, uh because I don't know.

B

Where it started, but we have this thing that it's a privately initiated privately initiated.

B

Code amendments and privately initiated comp plan amendments and when I started looking around the.

B

State I couldn't find other jurisdictions that do that um and you know, and I'm not saying that.

B

That there aren't good ideas from private citizens, but typically if a private citizen or a developer.

B

Or whatever it's a good idea, they bring it to their legislator, in this case to their councilman.

B

And or to their mayor to the administration and they bring it in and they say what do.

B

You think of this idea and then, if, if it's good enough, then it rises to the surface.

B

For either through the administration or through the the uh municipal body, the the city council.

B

But we have a very unusual process where you know. Basically, if you have an idea.

B

All of a sudden it you know it starts moving, it gets great momentum and pretty soon it's on our.

B

Agenda for for first reading and we go like, but what is this about? Who said this was a good idea.

B

And I'm not pointing to anyone or any particular issue, but I'd like mr shelby to.

B

Research, this a little bit further look around the state and see if we are truly the anomaly.

B

In that regard, and then maybe give us the pros and cons of of why we should or shouldn't uh continue.

B

To have privately initiated ordinance amendments in complement mr shelby. Did he get all that.

H

Yes, would you be able to give me some time to be able to do that, sir tomorrow, the next day is.

B

Fine, did you want it on a future agenda, or did you want me to um uh it's better to have it on.

H

The agenda at some point in the future yeah, I think I think it'd be on the agenda and and you.

B

Can have as much time as you wish 90 days is fine with me. Would you like a date for that? Mr shelby.

H

Yes, sir, that would be good all right uh for that it'll be in may, and in may we have.

E

May 20th will be a city council regular session. Would you like that under staff reports? uh Yes, I.

H

Could do it and I could do it in the forum. I could do it in the form of a memo. Okay and then, if you.

E

Need me to talk about it I'll, be there able to do that very good councilman dink felder has a motion.

E

Do we have a second viewer, yes vieira with the second all in favor, aye aye? Thank you very much.

E

Thank you and thank you to everybody. I think we had a long day but a good day and mr chairman.

B

Great job, as always, thank you very much councilman in any photo. Could you just.

E

Clarify that motion or mr shall be clarified with the clerk, would you be able to do that.

J

You're asking you're asking me to research other jurisdictions as to how they approach.

H

What tampa has um as uh land development, co, land development code amendments privately initiated.

H

Land development code, amendments and privately initiated comprehensive plan text amendments.

B

Well, and specifically, do they have privately initiated uh plan? You know code and plan.

B

Amendments and the pros and cons of us continuing with that. Well, that's a policy issue. uh I believe.

H

I believe I'm not comfortable with that. Well, if you're asking my opinion, that's one thing, but.

H

I'd prefer if council had the facts in front of them and came to their decision, and certainly I'm.

H

Sure staff would be interested in knowing um what that information is and also being able to opine.

B

That's all right! Well, we'll just start with phase one, which is uh just let us know what.

B

Else is out there around the state happy to do that. Thank you, councilman. Thank you.

E

Thank you very much. Councilman miranda. Do you have anything for new business, sir.

E

Please unmute yourself, you can't, I know.

L

I would like to take a motion to write two letters of support for a 200 000 legislative request.

L

By zoo tampa to help complete the expansion of the florida panther habitat one will be addressed.

L

To senator albritton convention senator tom, um we have a question from councilmember miranda.

E

Second, from council member citroen, all in favor, aye, aye aye any questions. Yes, sir. Anything else.

E

Okay, thank you. um I've got to run yes, sir councilman vieira. uh Thank you I I wanted to.

A

Add just a very brief comment, because I think it's relevant to a discussion we're going to have in a week something councilman carlson said with regards to the moratorium. Just very briefly,.

A

Because we can't discuss this outside of tampa city council, you know something that he discussed.

A

Regarding you know: um uh potential legal verdicts- I guess, if you will um on our findings on the.

A

On potential moratoriums and potential uh compromises etc. But something which was.

A

Mentioned, which was investment in transportation and infrastructure, and something I'd like to.

A

See us do and I'll probably make a motion in this regard in a week or two is to um request that our.

A

Friends at the county commission eventually should the all for transportation tax be struck down to.

A

Go ahead and put a replacement tax on the ballot in 2022 to make our voice heard in that regard,.

A

Things like that um also go a very, very, very long way uh with regards to addressing concerns south.

A

Of gandhi and throughout our city and community, uh so just my thoughts in that regard. I'll probably.

A

Making some sort of motion some sometime, I will second, though, no you won't just kidding. I will.

M

Dare me, thank you very much. uh Council members, councilman sierra, I'm going to hand you this.

E

Gavel got it I'd like to make a motion to prepare accommodation for the kiwanis club of greater.

E

Ybor city in honor, of their chartering ceremony, which will be presented on our behalf on thursday.

E

February 25th at the tampa club. Second, there is a motion been made by councilman manuscako seconded.

M

By councilman vieira, all in favor aye aye. Thank you very much. My next item. I would like to make.

E

A motion to write a letter of support on behalf of miracles outreach, a 501c3 that provides foster.

E

Care and family services who are seeking state funds of one hundred thousand dollars to help.

E

Further their mission in hillsborough and pinellas, we have a motion made by councilman matascottico.

M

Seconded by councilman vieira, all in favor aye they're speaking at catholic on tampa tomorrow,.

E

Oh yeah, oh very good, yeah. The work they do is really incredible. Absolutely absolutely helping.

D

Helping people that have been hijacked or human trafficking, human trafficking and trying to help.

D

Them uh to get back to normal life very good, and also may I have a motion to receive and.

E

File move to receive and file all right. We have emotional counseling, see true, you have a second.

E

Second, counseling crossing all in favor aye. We are adjourned, danielle, here's my motion.

L

Well, I rolling out come on cried the whole night long.