City Council - Regular Meeting

Good evening, everybody. Welcome to a crowded Tampa City Council Chamber this evening. Glad to have you with you. See, it's good to share the pain. Have you guys here with us all this evening? I'd like to call this meeting to order and ask the clerk to call the roll.

Councilwoman Hurtek is participating virtually this evening. Can I get a motion to allow the person to sit? Second. I have a motion from Councilman Carlson, second from Councilman Maniscalco. All those in favor say aye. Aye. Opposed? Ayes have it.

Aye. And Chair Clendenin, I just wanted to say that I'm participating virtually today because I'm not feeling well. So I just wanted to make sure. But I am here and I am listening.

I don't anticipate being off the screen. Wonderful.

Okay, I'll kick off the agenda review. Can I get a motion to remove items 11 and 12 since both of them were misnoticed? I have a motion from Councilman Miranda, second from Councilwoman Young. All those in favor say aye. Aye. Opposed? Ayes have it. That is our most simple vote tonight. Everything else is going to be a roll call vote. So I understand that we have a couple of requests for continuations. Would you like to do those?

I need a motion to waive the 180 days and the motion to continue to November 12th. Okay, I have a motion from Councilman Vieira. I have a second from Councilman Miranda. What was it? Mr. Shelby.

So 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33602, and that is at 5.01 p.m. on November 12, 2027. I have a motion. I have a second. Roll call, please.

Item number 10, I need a motion to waive the 180 days and then a continuation to November 12th, 2026. Okay, I have a motion from Councilman Miranda, a second from Councilman Maniscalco.

So we have a motion to continue this to November 12th with the waiver to November 12th, 2026 at 5.01 p.m., 315 East Kennedy Boulevard, third floor, Tampa, Florida, 33606. Clerk, call the roll, please. 33602. I'm sorry, 33602. I just gave my own zip code.

And that concludes your agenda? Yes. Okay. Can I get a motion to approve the agenda? So moved. I have a motion from Councilman Miranda, second from Councilman Maniscalco. All those in favor say aye. Aye. Opposed? Yes. Thank you so much. Okay. Mr. Shelby, would you like to read your...

Thank you very much. And since we have a lot of new people this evening in the audience, I know when you come up at your turn again after each one of the public hearings, you'll have an opportunity for public input. If you've never been here before, you're addressing city council, usually you're facing this way, just like she's facing there. The microphone is embedded into the podium. When you start, whatever you have to say, start with your name. Always start with your name, and there's going to be a light on the podium. It'll turn green. At that point, you have three minutes to complete your

Thank you very much. Can I get a motion to open the public hearings, please? Move to second. Motion of Councilor Miranda, second of Councilor Menescalco. All those in favor say aye. Aye. Opposed, ayes. Aye. Have the public hearings are open and kick us off.

Okay, let's pause here for one second and let's swear everybody in. If you are here this evening to provide public testimony to any of the cases tonight, because these are all quasi-judicial, please stand, raise your right hand, and be sworn in by our clerk. So if you're here to speak tonight, please stand, raise your right hand, and be sworn in by our clerk. Even if you don't think you're going to, go ahead and do it. Let's get it out of the way just in case. Thank you very much. Oh, no, that was Chris. Thank you, Chris.

Council have any questions? Hearing none, go ahead.

Council have any questions? Hearing none, thank you. Applicant?

Does Council have any questions? Hearing none, thank you very much. Anybody in the public wish to speak to item number one?

Okay. Online, we have Linda Erickson. Linda, are you there? I'm here. I can, and we need to have you sworn in. I don't see you, though. No, I don't know.

Unfortunately, this is a quasi-judicial hearing, and we have to be able to see you to be able to take your testimony.

Clark, do you see an issue on our end? No, they seem...

I'm not familiar with the computer that you're on.

You see an icon on the very bottom of your screen?

Okay, stop right there. I'll get back to you in a second. Mr. Shelby Miss Erickson My rule is that unless her camera works. You can state your objection because of the technology issue, Ms. Erickson. But unfortunately, we would not, because of our rules on this procedure, to be equitable, we have to enforce our rules of procedure. And I would say we cannot take your testimony unless an attorney gives me another advice. How about for the city attorneys? Do you have any advice? FROM THE CITY PERSPECTIVE?

I mean, no, I don't, actually. But, Ms. Wells, does the city confirm, concur with that decision? Okay, very good. Just want to make sure we're in a defensible position. Okay, so again, we've noted your objection. You'll have an opportunity to speak. If this item moves this evening, you will have an opportunity to speak again, and I appreciate it, Ms. Erickson. You have a good night. Take care.

No. On October 1st, when the issue comes back before us, you'll have an opportunity to speak. Okay? Very good. Have a good night. Thank you. Sorry you're having the technical difficulties. Okay, applicant, would you like a rebuttal? Or is there anybody else in the audience that wishes to speak to this item before I close it? Okay, go ahead.

CHAIRMAN BRYANT L. Does that conclude your rebuttal? MR. Yes. CHAIRMAN BRYANT L. Okay. Does Council have any further questions? Hearing none, can I get a motion to close? Motion to close from Councilman Maniscalco, second from Councilman Miranda. Okay. Very good. I need to read it. We have to close it. I've got to read it.

MS. We have to vote on the closure. MR. Yeah.

All those in favor close the public hearing and say aye. MS. Aye. MR. Opposed, aye. MS. Now I understand what you're saying. I'm going, what are you – when you ever talk – when you talk in the middle of these things, it's like, what are you saying? I'm like, I have a plan in my head. Okay. Mr. Carlson, would you like to read this one? Mr. Vieira.

Move an ordinance presented for first reading consideration ordinance rezoning property in general vicinity of 4706, 4708, and 4710 in West McElroy Avenue in the city of Tampa, Florida. More particularly described in section one for zoning district classification RS 75 residential single family to PD plan development residential single family detached semi-detached providing an effective date.

I have a motion from Councilman Vieira. Second from? I'll second. Second Councilman Miranda. Roll call please.

Just to confirm, this is, they're not making any changes to the building. This is the current structure. Everything's the same. It's just the use.

Just making sure people understand that. Okay.

And I just wanted to make sure, because it was something that I found yesterday in my prep meeting. So you're fine with taking the hours of operation off of the site plan? and coming back to an AB license?

Okay. I just wanted to make sure you were okay with that. Thank you.

Yeah, we'll make sure that happens. I've got a big note on REV next to the motion. Very good. Okay. That concludes your presentation? Yes. Okay. You'll have an opportunity for rebuttal if something else comes up. Thank you. Is there anybody in the public who wishes to speak to this item? Okay. Hearing none, assuming you won't have it. Okay. So you don't have a rebuttal for nothing. Yeah. No rebuttal. Okay. Very good. I have a motion close to councilman Mascotco, second councilman Miranda. All those in favor say aye. Aye. Opposed? Mr. Carlson, would you like to read item number two with the revision?

Move item number two, file number RZ26-34, ordinance being presented for first reading consideration ordinance rezoning property in the general vicinity of 4410, 4400, and 4488 West Boy Scout Boulevard in the city of Tampa, Florida. More particularly described in section one from zoning district classification PD, plan development of PD, plan development, bar, lounge, bank, drive-in, hotel, office, restaurant, and all commercial general CG uses providing an effective data, including the revision sheet.

Thank you. I have a motion from councilman Carlson, second councilman Maniscalco roll call for please.

Thank you. One of these days I'll make it over there to check out the restaurant. I'm looking forward to it one day. Yeah, that's what I hear. Very good. Take care. Bye-bye. Okay, next, item number three.

Council, any questions? Hearing none, next.

Council, any questions? Hearing none, applicant? Mr. Michelinie?

Council have any questions? I do. I don't have any problem with the compatibility issue, and obviously it is more densely populated, but accommodating the vehicles. The garage is fine, but the driveway is only 18 feet, 18 plus inches, and it seems like there's an awful lot of vehicles that are in the 19-foot range. Doesn't that automatically build in an overhang, which is really... epidemic in South Tampa of cars overhanging driveways and blocking access to other folks. What is the condition of that alley that you have access to in the back? What does that look like? How wide is it? How is tha

Yes. The front side is the one that's not? Yes. The back side is 22 by 22. Okay, so the front side. So if you have an overhead showing, is it a sidewalk that's right there? In other words, if you have a 19-foot or 20-foot vehicle, are you going to be overhanging onto a sidewalk?

Okay, that's the alley side. So let's look at the Fremont side. You have the single car garages, then you're going to accommodate one car in the driveway, correct? Because you had to accommodate two cars per unit? Okay, so one is only 18 feet long. Where's the sidewalk there? Is that 18 feet to the sidewalk to the front of the building?

You see, I mean, I wish it almost would have come with a triplex. And I mean, do we ask for a triplex there and then at least have the accommodations of the vehicles? But I mean, because again, this is one of the biggest problems we have there is vehicles overhanging on the sidewalks of pedestrians, bicyclists and whatnot are encountering vehicles.

Well, full size, good thing you're not sitting up here making a decision about what to worry about.

Yeah, but 18 feet, we have a lot of vehicles out there that are in the 19-foot range, correct?

Well, you're asking for a PD to build three units on a single family lot in an area that we have really big problems with vehicles and parking, people parking and blocking driveways, people parking and blocking sidewalks. It's a multi-family zoning lot, it's nice. But currently you're converting from a single family, you're putting a lot on one lot. And I could actually see where this would be problematic with vehicles hanging over onto the sidewalk.

If you met the code, you wouldn't be here asking for a PD. You'd be here asking for a Euclidean zoning, Mr. Shelby.

Correct. Well, again, it's PD. I mean, there's a whole lot of things that are exceptions here.

I mean, you hit it right off the hat when you first came up talking about the driveways and the parking has been a big issue, especially in this neighborhood. I mean, it's real problematic in this neighborhood. Parking is problematic. We have a lot of problems in this area.

We've got a 22-foot garage, so that's good. Yeah, they can put that in there. 22 by 22 is a good garage. So the garage in that first unit is a great-sized garage. Again, time and time again, especially our walk-by-tampa folks come in here swinging and batting for pedestrian safety and sidewalks, and we see it all the time. And I'll be honest with you, I live in a place that's got a short driveway, and we have the same issues. My place was built in 1980, and it's problematic. So I live with it every single day, the garage widths and the length of driveways. So then they end up parking on the street window. Bingo. That's the part of the problem.

So you end up parking on the street, creating street parking problems. That's the problem.

Again, yeah, so that is exactly the problem we're trying to avoid. And that's why we were going through and we worked with you, Mr. McElhinney, and tried to create some of these standards for these driveways. And being able to accommodate... cars in the driveway versus building two car garages. That was part of the compromises. You've got to be able to accommodate the cars in the driveway.

See, that's why I'm looking at this. I'm thinking, because you're in a multi-family area. I mean, it seems like this would be right for a triplex. I mean, hell, if you just get you bigger units, too.

So would staff, would it be, and would it be inappropriate or is it appropriate that we could conditionally approve this thing between first and second reading, if they were going to give us an extra two feet of driveway space, could they, if they were going to accommodate that and make the amendment.

That's what I see. Is that appropriate to have that revision between first and second reading without going to DRC?

Am I the only one? You've been sworn? I haven't been sworn.

I do not. Okay, is council okay with that? How is everybody feeling about that? So y'all would entertain a motion with the revision between first and second reading? Okay. And so the applicant, the applicant representative is fine with that as well. Say your name one more time for the clerk. Rami Nagib. Okay. Were you able to get that? R-A-M-I-N-A-G-U-I-B. Okay, very good. Okay, sounds good. Is there anything else you want to present, or we'll move forward with a public comment on that one? You'll have a chance for a bottle after public comment.

I think that would accommodate pretty much 90% or 95% of the vehicles out there.

I believe that's what we were shooting for when we were talking about reasonable accommodations and driveways.

Correct. It will be either whichever the applicant comes back to us with, as long as he does the green space stuff for the first and second reading. Yes.

Or it could be to close the gap to basically become a triplex.

Well, you're going to pick up, when you move that back, you're going to pick some stuff up, space up. I don't know. I don't want to negotiate it back and forth. I don't want to negotiate it from the dais.

Very good. So you could move it two feet and not request the waiver. Perfect. Thank you. Thank you. Okay, very good. And that concludes your presentation? Yes. It took a long time to get there, but we got there. Very good. I know, exactly. Okay, anybody in the public wish to speak to this item? Anybody in the public wish to speak to this item? Okay. No rebuttal. Okay, very good. We have a motion to close. Councilman Maniscalco, I have a second. Councilman Moran, all those in favor say aye. Aye. Opposed? Ayes have it. Councilwoman Young, you get the pleasure of reading this with that proposed revision between first and second reading.

Do you need me to say that? Is this what you want me to read?

Okay. Okay, file number REZ-26-61, ordinance being presented for first reading consideration and ordinance rezoning property in the general vicinity of 205 South Freeman Avenue in the city of Tampa, Florida, and more particularly described in section one from zoning district classification, RM 16, residential multi multiple family to PD plan development, residential single family detached and semi-detached providing an effective date. Also including the revision sheet.

Very good. We have a motion from councilwoman Young. I have a second councilman Miranda. Okay. Roll call please.

Does the Council have any questions? Hearing none.

Does council have any questions? Hearing none, applicant? I had received a memo from the applicant's representative requesting an additional five minutes of the presentation, an additional five minutes in rebuttal due to the increase in public interest in this issue. I've consulted with Tampa City Council attorney and he believes that in interest of due process that it would be appropriate. Mr. Shelby, do you have anything to say?

So is there any objection? Hearing no objection, unanimous consent, you can plan on an additional five minutes for a presentation, and if required for due process, you have five minutes extra in the rebuttal. If he needs it in the rebuttal, yes.

I, I make, I make those comments pretty much every day.

Okay, I know a lot of you guys are not used to Tampa City Council, but this is the opportunity for the applicant to present his case. You will have an opportunity to express what you want to express during your time during the public comment. In the meantime, we don't talk, we don't respond back, we don't click, we don't clap, nothing. Just listen and learn and silence in the audience, please.

Come on, guys. You're out of order. If it's again and I notice who it is, I will actually ask you to leave, okay? This is the way this works. You've got to give him his due process and ability to state his case, and then you guys will have an opportunity to speak after this is done.

I want to ask a question. A few minutes ago you showed the picture of the live local option and then you said it didn't work because the FAA rules. Could you just show us what you think you could build under live local? I don't know if you have one without the FAA providing a variance.

So what do you think the FAA would have, what is the FAA?

So the Nouveau property is 300 feet closer to Tampa International at 138, is that correct?

Here comes our subject matter expert. Randy? Can you show that map with where the novella is? Sure.

So the supposition it would be at least, they would approve at least 138? At least, probably. It's further back on the flight path?

Yeah, just to explain my question in case probably most people in the public understand, but it used to be that if we, on big projects, if we turned them down, there was a chance that a developer would sue. Now, because the state has created Live Local, instead of suing us, they're going back and just doing whatever the state allows, and we have no say in it, and that's why I think it's important just to know what they could do, although it sounds like the height would end up being less than this, but it's just important to know.

So the supposition with Live Local is that you could go back to your original 13-story plan and still fall within that. Okay. Very good.

Could you show that 138 rendering again? This is...

I think the councilman was asking your 138-foot depiction. Is that the 138-foot depiction? Yeah.

And I believe we have staff behind to provide some clarification. Chris. Go ahead.

Okay, and since you're standing there, there was a discrepancy about where this waiver is, east or west side. Is the documents at all showing this on the east side? So are we consistent with the waiver being for that wall on the east side?

I did. That's why I want this to make sure we're clear. Everybody has a meeting of the minds. We're clear and the record is clear and the documents are clear.

So just for information, where, what we're, what staff would require and what the applicant is consenting is to build a six foot masonry wall between Mariner two or Mariner one. Is that the east and west building between the two Mariner projects? Is that correct?

So, so Mr. Bentley is the representative. Yeah. Randy is going to address Randy. Would you like to, would you like to, what is, what is what's what's here? What's what's okay.

I mean, it doesn't make sense to build a waiver from the fish. Right. Or build a wall from the fish.

So we have an agreement that the applicant is actually requesting that

So this will be a revised revision sheet between first and second? Or is this accommodating in the first one?

So we will have a revised revision sheet with the wall? Okay, very good.

Is there any further questions of the applicant?

And that will be noted between first and second on the revised revision sheet. Thank you very much.

Okay, revised revision sheet will capture that as well. Very good.

Appreciate it. Okay, so we are now going to our public comment. This is your opportunity to speak to this issue and this issue alone. um because there's so many people standing you know we will not close public comment if you're here to speak to this item you will have an opportunity to do that once again you're speaking to council once again this is the person who's speaking his opportunity to speak no audience participation start always start with your name You'll have three minutes. When the yellow light comes on, you have 30 seconds. When the red light comes on, you're done. You have to ju

Everybody be quiet. Start the time. Hold on.

I have to pause right now because we've got to get this under control before it goes much longer. If you're in this audience, there's no talking back there. When you guys talk, even if you think you're whispering, it amplifies the acoustics in this room. The right, Carol Ann, everybody else, everybody quiet because I cannot hear the speaker. We can't hear the speaker and this is their time to talk. When you're up there, it's your time to talk as well. So if you're in this audience and you're not standing at that podium, you cannot talk. If you need to speak, please go outside beyond the glass

Thank you very much. Hello, young man. Welcome to Tampa City Council. It's boring, isn't it? Okay, start with your name, please. You have three minutes.

So each person is going to speak independently. Each person will get three minutes, but you just are proposing an order they speak? That's correct. Would you like me to call them up in that order, or are you already staggered in that order?

Does Council have any objection to me calling them up in this order? I will do that. Okay. Hold on one second. Let me take a peek here. Okay, yeah, we'll do it. Okay, so you must be Michelle Fleeter? Yes. Okay, Michelle Fleeter, please, even though I just said your name, if you would state your name, please.

Can you submit that to our attorney, please? Does that complete your presentation? Yes. Thank you, Michelle. Paula Perry. Start with your name, please.

Deb? Deb? »» Deb, start with your name, please. You have three minutes.

»» Okay. Start with your name. You have six minutes.

Thank you, Deb. Mark Miller, followed by Carol Ann Bennett.

How this works is that you'll have, if you don't have a speaker waiver form. You have two, okay. So once he confirms that, you'll end up getting five minutes total, and that's all you'll have. I have ten minutes. We don't do, well, I guess we could do, but you'll have five minutes. You said you had two speaker waiver forms?

Councilman Carlson, I've been watching Councilman Carlson. He's been providing them. Clerk, yes. Once we finish with him, he's been given to the clerk. Okay, good. Thank you.

So with seven names, that will give you ten minutes of time to speak. Once you state your name, you'll have the ten minutes. Thank you.

I don't believe that would be appropriate because the group is with, this is a public comment for public hearing, but I will defer that to our attorney to make the question. I'm sorry. He says, because he's representing this, this group, he wants an additional time on additional time. Uh, that's, that's a different, my position is that's a different request and not appropriate for this hearing.

So that's just a receiving file because we've already received them. That's already been filed with you.

But he said they've already submitted those to OnBase. Did he submit this?

And Mr. Chairman. Hold on one second. Sure. We're done with this. I'm going to make sure Mr. Shelby can chime in. Okay. Once he is not discombobulated. Or distracted. That's a better way to put it. Mr. Shelby. Yes. The gentleman at the podium is representing the, I'm assuming the homeowners.

So Mr. Shelby, my position is that he gets Mr. Shelton. So my position is that he gets this three minutes plus the seven for 10. And in accordance with our hearing rules that he gets the total of 10 minutes, not extra unless you give me for a different guidance.

MR. That would be up to the council members.

You're welcome. Thank you, Michael. Okay. Then let's go with that. Perfect. And if Council has questions, I'm not mandating they ask me questions. Understood. If Council has questions, they are within their rights to ask you those questions. That's fantastic. Thank you. Okay. Start with your name, please, and you'll have ten minutes.

One minute to spare. If you'd like to submit the petitions to the record. No, no, no, no, no, no. I told y'all I'm going to throw you out if you do it. No clapping, no whistling, nothing else, okay? That's not what we do here. And ask the lady in the back right. She'll tell you I throw people out. Mr. Chairman. Yes, sir.

Yes. Do you still put it in the record, though?

Okay, then we'll go with Mr. Shelby. You can keep your paper. Thank you. If you are done with those placards, I would appreciate if you take them down because we have security to our side and it restricts our visibility.

It's okay. Okay, and as soon as you're finished with them, I would still appreciate bringing them down because they're quite large for line of sight with our security. Councilman Vieira. Yes, sir.

And Mr. Miller, if I may, first off, I salute the thud. That was great. So way to go. Way to go, attorney. That's great. But if I may ask you, sir, you had talked about the Live Local Act. And you wanted to speak to that. I'm just curious as to your position. You know, the the applicant is is I don't want to put words in her mouth, but there's the whole better the devil, you know, the devil you don't know. I guess we know the devil or the regard if it that if that's your position, I should say. So what's your position with any distinguishing points? I'm just curious.

No, and I just wanted to see if there were any – I understand your characterization. There's threats, then maybe there's statements of law that have basic foreseeable facts and so forth, but I just didn't know if there was some distinction from what was alleged.

Any other questions? No other questions. Carol Ann Bennett is next. Perfect. Thank you. Carol Ann, go for it. I know I don't have to school you. You've got the routine down.

Okay, Ms. Bennett, start with your name. You have 10 minutes.

No clapping. You caught yourself. Good. You wanted to, but you caught yourself. I heard that. Mr. Chairman. Mr. Bentley.

Hey, hey, hey. No, no, no. Lessons learned, remember. Okay, Mr. Bentley, state your objection.

Your objection is noted. Thank you. Okay. The next speaker is Goran Dumjek. I probably slaughtered that, didn't I?

Okay. Start with your name. You have four minutes.

And if nobody's using the presentation, if we could remove the placard and put it down against the wall. Who's going to use it?

Mr. Bentley, your objection is noted, and you will have an opportunity during rebuttal to address the specifics of your objections. Okay. Next speaker, please. Start with your name.

Okay, start with your name, please. You have seven minutes.

Thank you very much, Deborah. Stephanie Poynter, followed by Ravi Shari.

Okay, Stephanie, start with your name. You have six minutes.

Come on, everybody. Hold it down. This guy's speaking. Let's be respectful.

Thank you, Robbie. How many more people want to speak tonight? And remember, if you signed a speaker waiver form, you can't speak, right? So if you signed one, you did. So we've got, I see one, two, three. Okay, if y'all three, if y'all would line up against the wall. And Sandy, go ahead, start with your name. You have three minutes.

Next speaker, please. Start with your name. You'll have three minutes.

Thank you very much. Next speaker, start with your name. You have three minutes.

OK, sir, bring it home. You're the last speaker. You have three minutes.

Thank you very much. Okay, I have a question for staff, please. There's been contradicting information about this parcel and where it lies. One, is it in the South Tampa Planning District? And two, is it in the West Shore Overlay District?

Okay, so it is in the South Tampa Planning District. It is not in the West Shore Overlay District, and it is part, well, not that the neighborhoods are statutory, so that's not relevant to this discussion. Correct. But for planning purposes, this is within the South Tampa Planning District. Thank you very much. Okay. Does council have any further questions before I go to rebuttal? Okay. Mr. Bentley? Five plus five. If he needs it. Yeah. Okay, go ahead. Start with your name, please.

Bring it down if you want to see it. Bring the document down.

On the top of that unit, there's a wheel. If you spin it, you can zoom in to get the whole document. I'm assuming that you need additional time. How much time of your five do you want? Okay. Reset the timer to five minutes, please.

Council, do I have any further questions?

Okay, if you have documents you'd like, you can hand them to the attorney for, we received a file and added to the record. Thank you very much.

The time's up. Okay. Does anybody else have any concerns, questions? Council? If there's nothing else, I'd like a motion to close.

No, no, no. No, no, no, no, no, no. Mr. Shelby?

Okay. We'll close it first and then get the attorney statement. I have a motion to close from council Maniscalco second from council Miranda. All those in favor say aye. Aye. Opposed the ayes have it. Mr. Shelby.

Okay, that being said, I think this is complicated. I'm going to give the Council a few minutes to read and review what Mr. Shelby just said and the documents that are provided to gather your thoughts.

I'm happy to make a start with a motion. Okay.

Councilwoman Herchak, I see you're first. I'm in for Councilman Carlson.

Well, if Councilman Carlson wants to make a motion, that's fine. I can add if necessary.

Okay. Are you ready to make a motion, Councilman Carlson?

Yeah. I, if she wants to make it, I can, we can just add, let's go. I just like to make a motion to deny the, the, um, the request. Um, and I'll cite, um, the, um, the staff's, um, report regarding rezoning, the, um, the waivers that were requested, um, the, um, the, the fact that it's not compatible with a character and scale with the surrounding residential built environment. Land use policy 1.2.28 that says limit the use of planned development district rezoning petitions to allow development consistent with the future land use designation but otherwise not permitted in the current standard

Well, I was going to ask if you could add the actual section number for the PD and for the waivers, that would be helpful.

Is that what you're asking, Councilman Hurtek, to add section 21, 136? Yes. 27, 136? Yes. Okay. Okay. So we take that as a friendly amendment? Yes.

Um, there was a discussion about waivers and by the way, I'm seconding this to have the conversation, but, um, yes, uh, uh, council member Carlson mentioned waivers. So I was hoping we could have the, just cite the section.

Oh, well for me, um, the waivers are, um, the waivers are too much. I mean, we talk about needing more parking, but really in the area for me, as someone in the public mentioned, I particularly am concerned about having enough delivery space. And so that's my issue with the waivers.

After he's finished pontificating amongst himself.

Yeah, just going through the criteria section, this is the waiver criteria. And do I need to state the waivers? They're already on the record.

Yeah, so of the criteria, number one is this is 27-139-4. Number one is the design of the proposed development is unique and therefore is in need of waivers. It's from the evidence presented and see it justification for reducing the parking or reducing the dock size, reducing the buffer, et cetera, or reducing the vehicle use area landscape that number to the The waiver, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the waivers. We see clearly that the neighborhood is concerned about the parking and they feel t

MR. So you were both for clarification. Most of your statements was contrary.

Yeah, I said, it said that number three says the waiver is in harmony with and serves a general intent. And my comment was that I went through several other, um, citations of, um, zoning and comprehensive plan to state that it wasn't.

Okay. So that will be a, uh, uh, amendment to your initial motion, friendly amendment to your, your own motion and the other things that we're at. And I, and council her check already had a second from council and Miranda on this, I believe so.

oh okay we already had a second councilman beer you had a question yes sir i have a question so and and i'm what is that saying a match point or whatever it's sort of can go either way for me but just a question for council to consider that a lot of these waivers here of incompatibility that are asserted i i and tell me if you all agree or disagree with me but number one a lot of these waivers like the parking reduction here it's eight percent it's nothing some significant issue there are allegations of parking but eight percent i don't think rise to that level that that is being alleged so my

Well, I'm going to talk to you about the loading berths because that's my issue. The loading berths are a big deal for an apartment complex of this size and the deliveries that will come to them. So not only are they reducing it for four to one, But the one isn't even going to be a normal size. It's going to be half the normal size. And so to me, that's a significant waiver. Also, the distance separation is also an issue as you look at the mass and scale of what's next door.

Thank you, ma'am, very much. And Councilman Vieira, I just want to draw your attention to 27136. It's referenced for the planned development from the Euclidean zoning. And I believe that Councilman Carlson's motion encompassed quite a bit of 27136 comparing what's at Casco versus what's accommodated in there. Okay, thank you. Councilman Brandon, did you have something to add?

Okay, very good. Is there any further discussion? Is there any further discussion? Okay, hearing none. I'm going to close this and clerk, would you please call the roll? Call the vote.

Yes. Motion to deny was made by Councilman Bill Carlson, second by Councilman Miranda. And it was with the amendments that he made to the initial motion.

Thank you so much. Now, you're out of order. I'm going to ask you all to leave.

It's 843. Be back at 853. We are recessed until 853.

Hello, welcome back. Calling this meeting back to order. Clerk, would you please call the roll?

Council have any questions? Hearing none, Christopher.

Council have any questions? Hearing none. Applicants?

All right. We'll say what Mrs. Maniscalco says. No. No, Mr. Maniscalco.

Do you have permission from those single-family houses that want to go through? We do.

So you've negotiated an easement with the lot owner?

And is that in perpetuity? Is that a... Yes, I have a copy of it right here. Okay, and staff, is that good and cover for the city?

Is there anything negative for the city for granting this type of easement for this water supply to this lot?

Councilwoman Hurtick, CTTV, can we get you back up on TV? Hold on, Councilwoman. Let me get you back up on TV so we can see you. No, not your fault. There we are. We got you. Okay, go ahead.

So I'm curious, how are you going to prevent people from building on top of this easement?

People aren't supposed to build in alleys and they do it all the time. So my concern is that somebody builds like a big barbecue grill on top of this, like two homeowners in, and then you need to access it. What protections does the city have to access that water?

This would be an answer. So question for staff. Sure.

I can't see it because the wolf isn't on.

Okay. And then I had one more question. What about the other lots that are south on 6th Street?

that's it any other questions is there anybody in the public that wishes to speak to this item a motion to close councilman bureau second councilman maniscalco all those in favor say aye aye opposed i'll take this one if i may go ahead please um i'm going to do a motion to deny i'm joking uh i i move an ordinance being presented for first reading consideration an ordinance rezoning property general vicinity of 6200 and 6202 inner bay Boulevard 6206 South Street and 6205 and 6207 South Martindale Avenue in the city of Tampa, Florida, and more particularly described in section one from zoning de

With the revision. Well, if you could just. May you add one thing, if I may? Water note from the Water Department. Yes, sir. On to it. We're good? Mr. Water. Mr. Chairman. Mr. Chairman, right there.

With revision and set item, I see. Thank you. I had a. Yeah, I had a revision and a note from water. We have a motion from Councilman Vera, a second from Councilman Menace, Miranda, right? All those up. No, we got a roll call. That's right. Never mind. Roll call, please.

Council have any questions hearing? None. Christopher. Thank you, Mr. Chairman.

Council have any questions hearing none applicant.

Does council have any questions? Hearing none. Is there anybody in the public who wish to speak to this item? Seeing none. They have a motion to close with Councilman Renda, second from Councilman Veer. All those in favor say aye. Aye. Opposed? Aye. Who would like to read this one? I'll read it. Go ahead, Councilman Renda.

Item number 6, REZ 2666. An order is being presented for first reading consideration. Orders to read zoning property general vicinity of 2910 East Clark Street In the city of Tampa, Florida, more particularly described in section one from zoning districts classification, RM 16, residential multifamily to PD plan development, residential single family attached, providing an effective date.

I have a motion, Councilman Miranda, seconded by Councilman Maniscalco. Clerk?

I'm not sure how we could hear this tonight if our staff hasn't had a chance to review the new elevations, if there are new elevations. I'm not comfortable voting on that.

after he explains um mr michaelini do you represent the but mr shelby yes yes councilman i'm sorry though you you specifically read from the record or from our rules today that if we start a presentation it's we need to finish it

So in the interest of the record, I'm going to ask Mr. Michelinie to come to the podium. Without getting into the presentation, could you address these concerns, please?

Mr. McElhinney, a couple of points. Um, one, the council would not have had a sufficient opportunity to review these documents prior to this, um, public meeting and see him for the first time. We wouldn't really be able to give this a fair hearing. We did give us very specific instructions to come back with a revised site plan, not just elevations. I believe in that first hearing.

This doesn't seem right to be able to be heard tonight. Mr. Shelby, what are my options?

I hear, but I have a motion. I have a second. I need a date from staff on when it can be heard. I'll get back to you in just one second before we take a vote. A date.

I don't know if this is relevant to this. OK. That's fine. I just wanted to make sure. So I have a motion. I have a second. Need a date.

Here we are. Council on her. I see a castle on her check. I'll get you as soon as let me get to let me finish this up.

That was my whole point. That's why I want to say what I'm saying.

But I have a motion. I have a second. We're getting this and then I'll give to you for further discussion. Again, I mean, I think that's self-evident. I think, Christopher, what you just said was self-evident.

There's notes that have to go. Okay. I'm going to pause you for a second. I have a motion. I have a second. Councilwoman Hurtek.

Thank you. Because while I appreciate that a neighborhood wanted or wrote a letter, that was not. Council's direction. Council's direction was a new site plan. So regardless of what the neighborhood thinks, they we really should be going by what council's direction was it was very clear so my my assumption then would be to put it a december date and and just go with that so that and that would be my direction to mr de manche and the uh staff is what council asked for not what the neighborhood did

Correct. I agree. Okay. So staff, can we get a date in December? Is there one available?

I think you should take this. I'll take it. I have a motion.

I believe where we are now, that is what we need to do, yes. Okay. Okay.

the notes that we received that i've sent to the staff regarding the neighborhood association what you all do back there is fine but you've got down council's direction i have a motion from councilman vira second councilman miranda to continue this item to december 10th at 501 p.m at 315 east kennedy boulevard third floor tampa florida three three six zero two

Okay. I can just do a voice on this one. All those in favor? I have to roll call. Okay. Roll call, please.

Very good. It's getting late, we know. Last order of business, number nine.

Thank you. Does Council have any questions? Hearing none. Yes, sir.

Does Council have any questions? Hearing none, applicant?

Hearing none, anybody in the public wish to speak to this item? Seeing none, I have a motion to close. Councilman Maniscalco, second from Councilman Carlson. All those in favor say aye. Aye. Opposed? Aye. Councilman Maniscalco, would you mind reading this one?

Thank you very much. I have an ordinance being presented. For first reading consideration, ordinance rezoning property in the general vicinity of 104 South Tampania Avenue and 522 West Kennedy Boulevard in the city of Tampa, 40 more particularly described in Section 1 from zoning district classification PD plan development. PD plan development, business, professional office, medical office, providing an effective date. And with the revised revision sheet. Revision between one and two, yeah.

Very good. Okay, we have a motion from Councilman Maniscalco, second from Councilman Miranda. Kirk, would you please call the vote?

Have a good night. Thank you, Council. Have a good night. Okay, that concludes our regularly scheduled program. New business. Councilman Carlson. Councilwoman Young.

Yes, I have a motion. I move to make a motion to continue the noise motion that stated staff to return to council with acoustic design standards for new and existing operators, particularly those within feet of residential towers from the September 2024-2026 workshop to the October 2022nd workshop in conjunction with other noise presentation suggestions that we received.

So I'm just moving my... Can we do the other noise for the same one? Is that mine? No, it's Councilwoman Hurtick's and mine, I believe it was.

I think she already... Is that the same one? Is that the one that you've already...

Councilwoman Hurtek, can we move? And the reason I say this is that we have to clear the 24th because of the Charter Review Commission recommendations and any recommendations Council makes. So could we move the one on the mufflers? That was mine. That wasn't Hurtek's, was it?

Well, so the reason I moved mine is because we got a memo that there was one of the noise motions that was being moved. So I'm just moving mine so they can all be heard together.

Yeah, I think I already moved mine. That's why.

Clerk, do you show that? Was it still showing on the 24?

Yeah, because that's why I moved mine. She might not have updated the calendar yet. Let's take a look.

Well, just to make sure, let's make sure that we just make the motion to move both. The city staff to present suggestions for proposed enforceable rule changes to the noise ordinance and to address current state of the law as it relates to noise from vehicle exhaust systems and mufflers, including the analysis from Collier. See, that was mine. It shows HerTech, but I actually made that one. That was a weird one. Yeah, I made that one. Yeah, that was mine. So on September 24th, the second item. So we're going to move the second and third item to 1022.

We're going to move those to the ten twenty to twenty seven work. Twenty six workshop. I have a motion Councilwoman Young a second from Councilman Carlson. All those in favor say aye. Aye. Aye. Aye's have it. Now, let me inject there because we may want to move something else maybe. We need to add the CRC, the Charter Review Commission's recommendations to this workshop for discussion. Included in that is if council wants to have something considered, this would be the workshop that above and beyond, this would be the workshop to bring those forward.

I'm not sure I could do that if I don't know what their recommendations are. We have an answer for that.

Okay. Thank you. That was my only concern.

okay so that being said and this is councilman miranda we have the i mean i don't know if you all feel like how much time we're going to need on that workshop because this um but we have the tampa bay visit tampa bay and the convention center are they locked into this time or do you think we could move certain it says time certain 11 o'clock well i can try to borrow them i can't modify them now yeah but i'm just i mean how was this something they had requested you mean the water no the visit tampa bay and the convention center

performance metrics. Really, all of us got together, but we never met, but we talked about we have to do something with the convention center. Right, yeah, exactly. It was a lot of business.

I mean, because it's about their future planning, so I have to think that it's a lengthier discussion.

I would imagine it would take 25, 30 minutes.

I mean, well, we have to talk. So on that agenda, we have to talk about the council. I think we need to address this at this council and not dump it on the next council, the council salaries. And we've kicked that thing down the block so many times. I feel like that needs to be addressed.

a report from abby feely i think that's an important report and you're going to have and you're going and you're going to have a fee study at that point too and so i suspect you're going to so why don't why don't we work councilman miranda would you mind coordinating with the two entities and coming up with a different date and bring because that's not necessarily time critical because it's about i'll try to get it done tomorrow okay very good so that won't be emotional because he's going to work about tampa bay water no no visit tampa bay and the convention center

They're really one together. They're all together.

Yeah. So if you could coordinate with them and see if we come up with another date. Okay. That'd be good. That would clear up the space and give us plenty of time to talk about those things. So that being said, we vote on the two of those. Now, the other motion, I'll just jump rather than wait to the end. I need to add the Charter Review Commission to the City Council workshop session on October 24th, 2026. Okay. I've got a motion for Councilman Carlson. I have a second for Councilwoman Young.

You said October. Did you mean September?

I'm sorry, September, I did say it. Thank you, Councilwoman Hurtek. Yeah, okay. A motion to add it to the September 24th, 2026 workshop. I have a motion from Councilman Carlson, second from Councilwoman Hurtek. Did you have something to say?

Yes. Give me a date so I can tell them what date you have available. Okay. I don't want to get it.

November 19th would be perfect. November 19th. November 19th of this year. Got it.

Carlson and Naya. And we have to vote. Okay. All those in favor say aye. Aye. Opposed? Aye. Mr. Chair. Yes, sir.

We also have the issue where Council Member Hurtak and I were on the Charter Review Commission, and several of you, as council members, approved our recommendations, and now Scott Steady is saying that somehow the city attorney at the time didn't include some of that. Did I remember that memo correctly? And so shouldn't we put that on the same agenda so that we can see what was... I don't know if there's some kind of investigation.

I would say we've just left that broad enough to include everything. And let's do some, can we talk to Scott to see where that landed?

I think we ought to, I don't know what Lynn thinks, but I think because we were under the impression that they were, there were catch-all descriptions that captured everything. And that's what we represented to the public. And if somebody did that by accident or deliberately, I think we need to have a discussion about that.

What we were told is that there were summaries that were buckets of several things, and now Scott's interpretation is that several things weren't included. And I don't know what is behind all this, but we need to make it a transparent discussion.

intended to proceed on this and i really would like to have him on board before council makes and again this this is broad enough that it would capture what your intent is could i just ask one question because i'm not allowed to talk to council member outside but she ended up being the spokesperson for the the unofficial spokesperson for the charter review commission she went to illegal women voters all these different groups but wasn't it your recollection that that the four or five categories captured all the all the things that we were trying to put

They were supposed to, but we were concerned at the time that they wouldn't and lo and behold.

Can you not hear me? No, there was a buzzer.

Oh, no, I just said, and lo and behold, and just kind of like, went on. of you know it didn't it didn't incorporate what we wanted to to incorporate so i think we're going to have to be very specific with the amendments that go forward to the ballot and not you know group them in buckets i think that will be what will have to happen

there was a misrepresentation of it because council voted yeah we approved it and council voted on it but somehow in the city attorney's office or something it didn't get in there this is the same city attorney's office that said it was okay for the city attorney to not approve to not have council approve um uh settlement agreements and so i i have concerns about that and that i think go beyond just what needs to be on the ballot okay um i'll have a report for you next week okay um well let me knock these i got two little things that i've knocked out

you want to finish yours when you do it i just have two announcements go ahead oh your announcements go ahead listen you all will be surprised but there are people that actually watch the meeting all the way to the end and they say oh thank you so much your grandmother no there's a lot there are people i see out in the community and they watch us all the way to the end just two quick announcements we were already um giving out the information earlier today during the cra meeting but for the council members and for anyone that is still with us because I know there are social action arts funding

Okay, I need to correct the date on my previous motion, CM 26-24-829. That date should have been February 18th, 2020. It says 2026, I think it's 2027, under staff reports. I have a motion, Councilman Miranda, a second from Councilman Maniscalco. Yeah, I just have a date correction. Okay. All those in favor say aye. Aye. Opposed?

How dare you question us. Okay, lastly, I had a previous motion to provide accommodations to CRC members on a date to be determined. I've now determined that date shall be November 5th, 2026. Okay. All those in favor say aye. Aye. Opposed, aye. Aye. Just me and I. I just, yeah, inappropriate for me. Okay, that's all I have. Councilman Maniscalco.

I'd like to wish Mayor Dick Greco a happy birthday. It's coming up, I believe, on Monday. I don't know if he watches, but we always think of him. And, of course, tomorrow is the 25th anniversary of September 11th. I know several of us will be at the Firefighters Museum. tomorrow morning. It's amazing that a quarter of a century has has already passed, but we will never forget. And of course, there's going to be memorials and events throughout the country, throughout the day, as we remember that day.

And that seems like yesterday. It's crazy.

I remember where I was. I remember. I was in Con Law.

Councilman Miranda. if i may if i may thank you just a really quick one if i may i want to get this on the docket because my last council meeting i think is october 22nd so long story short you guys um know we have a bunch of historical markers in the in hillsville hillsborough county city of tampa but there's one that is inconsistent with the one that the county traditionally does which is the equal justice initiative marker the history of racial lynchings in the city of Tampa that is on the Riverwalk and there have been some discussions in other communities on those being moved etc because I

Okay, that's all. Yep. Okay, motion to receive the phone? Motion. Motion, Councilman Manning, a second from Councilman Beer. All those in favor say aye. Aye. Opposed? We are adjourned.