Action Agenda for Regular Meeting ( 5/27/2004 @ 9:00:00 AM ) Prepared By: Tampa City Council Office of City Clerk Council Chamber, Third Floor 315 E. Kennedy Blvd. City Hall, Tampa, FL 33602 Third Floor, City Hall (813) 274-8396 contact the City Clerk This document is for informational purposes and for notification on matters pertaining to City departments. The official actions of Council are recorded in the proceedings of City Council minute books. DATE: May 27, 2004 TIME: 9:00 a.m. DEPARTMENT HEADS AND CITY EMPLOYEES: 1. File No. E2004-24 Conduction of interviews of the four finalist for the position of City Council Attorney/Legal Representative. Motion: (Harrison-Dingfelder) That each candidate appear before Council for three minutes and provide a brief background about themselves, then Council would do questions and answers and after that do one round of voting; however, if there is not a clear majority vote then Council would eliminate the candidate with the least votes and then proceed to do a run-off. Motion carried. Motion: (Harrison-Miller) That the Legal Department be requested to prepare a resolution appointing Mr. Martin Shelby as the City Council Attorney/Legal Representative. Motion carried. Motion: (Dingfelder-Saul/Sena) That the ballots for the City Council Attorney and the votes tallied and verified by Shirley Foxx-Knowles, City Clerk and Sandra S. Marshall, Deputy City Clerk, be received and filed. Motion carried. Motion: (Dingfelder-Saul/Sena) That the letter submitted by Chairman Miller from Catherine Teti, Esq., requesting her name be withdrawn from consideration for the City Council Attorney, be received and filed. Motion carried. Motion: (Dingfelder-Saul/Sena) That the application submitted by Chairman Miller from Michael A. Connolly concerning the position of legal advisor to the City Council, be received and filed. Motion carried. 9:00 a.m. 2. File No. E2004-15 – (Commendation was presented by Councilmember Ferlita to Captain Brian S. Mintzer) Presentation of commendation to Captain Brian S. Mintzer for Firefighter of the Year. – (Original motion initiated by Ferlita-White) Page 2 DEPARTMENT HEADS AND CITY EMPLOYEES CONTINUED: 9:30 a.m. 3. File No. E2004-15 – (Commendation was presented by Councilmember Alvarez to Rolando J. Pozo) Presentation of commendation honoring Rolando J. Pozo in the recognition of the website he created which was responsible for apprehending a criminal in three days after going online. – (Original motion initiated by Alvarez-White) REQUESTS FOR RECONSIDERATION BY THE PUBLIC AGENDA AUDIENCE CONTINUED PROPOSED ORDINANCE PRESENTED FOR SECOND READING AFTER PUBLIC HEARING - 9:30 A.M. – (Item 4) 4. File No. V04-05 – ORDINANCE NO. 2004-125 (Saul-Sena & Ferlita no) An ordinance approving an (S-2) special use permit; approving eighty percent lot development in an RS-75 zoning district in the general vicinity of 4520 – 4526 Beachway Drive, Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. – (Continued from May 20, 2004) Motion: (Dingfelder-Saul/Sena) That the public hearing speaker’s waiver form and the documents from the Beach Park Homeowners Association, Inc. submitted by Emmy Purcell Reynolds, be received and filed. Motion carried. Motion: (Dingfelder-Saul/Sena) That the public hearing speaker’s waiver form and the document from the Beach Park Homeowners Association, Inc., appointing Connie Marlowe as the Speaker’s Representative submitted by Connie Marlowe, be received and filed. Motion carried. Motion: (Dingfelder-Saul/Sena) That the letter from Cindy Argerious and the Groupwise transmission from Emmy Purcell Reynolds presented by Chairman Miller expressing concerns of said petition, be received and filed. Motion carried. PROPOSED ORDINANCES PRESENTED FOR SECOND READING AFTER PUBLIC HEARINGS - 9:30 A.M. – (Items 5 through 13) 5. File C04-08 – ORDINANCE NO. 2004-132 An ordinance vacating, closing, discontinuing and abandoning a certain right-of-way way (all that portion of Brevard Avenue south of Horatio to the north boundary of the alley in Block 13; and, all that alley in that certain Block 13 bounded by Horatio Street on the north, Brevard Avenue on the east, De Leon Street on the south and South Boulevard on the west) in Revised Map of Packwoods Subdivision, a subdivision in the City of Tampa, Hillsborough County, Florida; the same being more fully described in Section 2 hereof; subject to the reservation of certain permanent easements as set forth herein; providing an effective date. Motion: (Dingfelder-Saul/Sena) That the TampaGov Messaging System message presented by Chairman Miller from MaryKay Holt expressing support of said petition, be received and filed. Motion carried. Page 3 PROPOSED ORDINANCES PRESENTED FOR SECOND READING AFTER PUBLIC HEARINGS - 9:30 A.M. - (CONTINUED): 6. File No. E2004-8 CH 2 – ORDINANCE NO. 2004-134 An ordinance of the City of Tampa, Florida, amending City of Tampa Code Chapter 2, by enacting Section 283 to provide for the integrity of public contracting and purchasing; providing for the disqualification of certain persons and entities from doing business with the City; changing the definition of lowest qualified bidder; providing for an appropriate review, waiver or appeal of any application of this ordinance; providing for repeal of all ordinances in conflict; providing for severability; providing an effective date. 7. File No. E2004-8 CH 27 – ORDINANCE NO. 2004-133 An ordinance approving an historic preservation property tax exemption application relative to the restoration, renovation or rehabilitation of certain property owned by Alchemost Properties, LLC, located at 401, 403, 405, 407 East Oak Avenue, Tampa, Florida, in the Tampa Heights Historic District, based upon certain findings; providing for notice to the property appraiser of Hillsborough County; providing for severability; providing for repeal of all ordinances in conflict; providing an effective date. 8. File No. E2004-46 – ORDINANCE NO. 2004-135 An ordinance authorizing the construction and erection of a proposed encroachment by the Academy of the Holy Names (pedestrian bridge, to be named in memoriam “ Michael P. Antinori”) over a portion of the public right of way known as MacDill Avenue (near the intersection with Julia Street), as more particularly described herein; subject to certain terms, covenants, conditions as more particularly described herein; proving an effective date. – (ENC02-8) 9. File No. V04-25 – ORDINANCE NO. 2004-136 An ordinance approving a special use permit (S-2); approving a church/school in a CG and RS-50 zoning district in the general vicinity of 4902 North 22nd Street in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; reducing the required side yard setback from 40’ to 20’ and reducing the required rear yard setback from 40’ to 10’; waiving the requirement for paved parking to allow for parking on the grass; allowing the petitioner to seek a waiver from the Variance Review Board to reduce the required parking spaces from 33 spaces to 27 spaces; providing an effective date. 10. File No. V04-29 – ORDINANCE NO. 2004-137 An ordinance approving a special use permit (S-2); approving a drive-thru window (dry cleaner) in a PD-A (mixed use) zoning district in the general vicinity of 10948 Cross Creek Boulevard in the City of Tampa, Florida, and as more particularly described in Section 1 hereof; providing an effective date. 11. File No. Z04-59 An ordinance rezoning property in the general vicinity of 612 West Horatio Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RO-1 to PD (school, multi-purpose building); providing an effective date. Motion: (White-Saul/Sena) That said ordinance be continued to June 3, 2004 at 9:30 a.m. per the verbal request of Steve Michelin, petitioner’s representative. Motion carried. Motion: (Dingfelder-Saul/Sena) That the letters presented by Chairman Miller expressing support of said petition, be received and filed. Motion carried. Page 4 PROPOSED ORDINANCES PRESENTED FOR SECOND READING AFTER PUBLIC HEARINGS - 9:30 A.M. - (CONTINUED): 12. File No. Z04-60 – ORDINANCE NO. 2004-138 An ordinance rezoning property in the general vicinity of 2700 West Azeele Street, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) RM-16 to PD (single-family attached); providing an effective date. 13. File No. Z04-62 – ORDINANCE NO. 2004-139 An ordinance rezoning property in the general vicinity of 3306 West Hillsborough Avenue, in the City of Tampa, Florida, and more particularly described in Section 1, from zoning district classification(s) PD (movie theater) to CG; providing an effective date. PUBLIC HEARINGS – 9:30 A.M. 14. File No. A2004-5 Second adoption public hearing on an ordinance of the City of Tampa, designating property known as “David L. Tippin Water Treatment Facility”, also known historically as “Tampa Water Works Filter House”, at 7125 North 30th Street as local landmark. Motion: (Alvarez-Saul/Sena) That said public hearing be closed. Motion carried. Ordinance presented for second reading after public hearing: ORDINANCE NO. 2004-126 An ordinance of the City of Tampa, Florida, designating the property known as the “David L. Tippin Water Treatment Facility,” also known historically as the “Tampa Water Works Filter House” located at 7125 North 30th Street, Tampa, Florida, as more particularly described in Section 3 herein, as a local landmark; providing for recordation as a public record; providing for repeal of all ordinances in conflict; providing for severability; providing an effective date. Page 5 PUBLIC HEARINGS CONTINUED:– 9:30 A.M. 15. File No. A2004-6 Second adoption public hearing on an ordinance designating the following parcels of property to be known as the “Historic Central Avenue Area/African-American Heritage Site Multiple Properties Group”: St.