January 8, 2009

8:30 AM

 

 

 

Welcome to the City of St. Petersburg City Council meeting.  To assist the City Council in conducting the City’s business, we ask that you observe the following:

 

1.            If you are speaking under the Public Hearings, Appeals or Open Forum sections of the agenda, please observe the time limits indicated on the agenda.

2.            Placards and posters are not permitted in the Chamber.  Applause is not permitted except in connection with Awards and Presentations.

3.            Please do not address Council from your seat.  If asked by Council to speak to an issue, please do so from the podium.

4.            Please do not pass notes to Council during the meeting.

5.            Please be courteous to other members of the audience by keeping side conversations to a minimum.

6.            The Fire Code prohibits anyone from standing in the aisles or in the back of the room.

7.            If other seating is available, please do not occupy the seats reserved for the hearing impaired.

 

GENERAL AGENDA INFORMATION

 

For your convenience, a copy of the agenda material is available for your review at the Main Library, 3745 Ninth Avenue North, and at the City Clerk’s Office, 1st Floor, City Hall, 175 Fifth Street North, on the Monday preceding the regularly scheduled Council meeting.  There is also a copy of the material located on the podium just outside the Chamber doors on the day of the meeting.

 

If you are hearing impaired an require the services of an interpreter, please contact the City Clerk, 893-7448, or call our TDD Number, 892-5259, at least 24 hours prior to the meeting and we will provide that service for you.

 


January 8, 2009

8:30 AM

 

Council Meeting

A.          Meeting Called to Order and Roll Call.

Invocation and Pledge to the Flag of the United States of America.

Confirmation of Committee of the Whole Selection of Council Chair & Vice Chair.

Administration of Oath of Office to City Council Chair and Vice Chair.  The Honorable John C. Lenderman, Judge of the Circuit Court

B.          Approval of Agenda with Additions and Deletions.

C.          Consent Agenda (see attached)

D.          Public Hearings and Quasi-Judicial Proceedings - 9:00 A.M.

Public Hearings

 

NOTE:  The following Public Hearing items have been submitted for consideration by the City Council.  If you wish to speak on any of the Public Hearing items, please obtain one of the YELLOW cards from the containers on the wall outside of Council Chamber, fill it out as directed, and present it to the Clerk.  You will be given 3 minutes ONLY to state your position on any item but may address more than one item.

1.         Ordinance 907-G amending City Code Chapter 8 regarding building regulations, to adopt the current building code.

 

 
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2.         Ordinance 908-G amending City Code Chapter 12 regarding fees, to modify fees related to permitting and fire services.

 

 
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3.         Ordinance 909-G repealing City Code Chapter 18 regarding mobile homes and mobile home parks, deleting this chapter from the City Code.

 

 
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4.         Ordinance 910-G amending City Code Chapter 26 regarding bicycles and defining "public utility bicycle."

 

 
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5.         Ordinance 911-G amending City Code Chapter 28 authorizing the use of motorized non-gasoline powered vehicles for hire.

 

 
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6.         Ordinance 912-G amending City Code Chapter 13 updating the Fire Code.

 

 
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7.         Ordinance 913-G amending City Code Chapter 20 implementing the Fire False Alarm Program.

 

 
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Quasi-Judicial Proceedings

 

Swearing in of witnesses.  Representatives of City Administration, the appli­cant/appellant, opponents, and members of the public who wish to speak at the public hearing must declare that he or she will testify truthfully by taking an oath or affirmation in the following form:

 

"Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?"

 

The oath or affirmation will be administered prior to the presentation of testimony and will be administered in mass to those who wish to speak.  Persons who submit cards to speak after the administration of the oath, who have not been previously sworn, will be sworn prior to speaking.   For detailed procedures to be followed for Quasi-Judicial Proceedings, please see yellow sheet attached to this agenda.

8.         Ordinance 069-HL approving the designation of the Merhige Residence, located at 404 Sunset Drive South, as a local historic landmark.  (City File HPC 08-02)

 

 
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E.          Reports

1.         Update on Pinellas Suncoast Transit Authority (PSTA), Metropolitan Planning Organization (MPO) and Tampa Bay Area Regional Transportation Authority (TBARTA).  (Council Member Danner)  [Oral]

 

 
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2.         Pinellas Planning Council Report.  (Council Member Kennedy)  (Oral)

 

 
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3.         Resolution recommending that project A8110 ("PROJECT"), a company engaged in computer related manufacturing, be approved as a qualified target industry (QTI) business pursuant to Section 288.106, Florida Statutes.

 

 
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4.         Authorizing the Mayor to execute a First Amendment to the January 30, 2006 Property Disposition Agreement with SunTrust Bank, a Georgia Banking Corporation ("SunTrust"),  to amend the size of the bank building to be constructed by SunTrust; to accept the reconveyance of a portion of the bank site at nominal cost; to provide for the re-establishment of an east/west alley between 23rd Street South and 22nd Street South; to pay any necessary and customary costs associated with the reconveyance of not more than $2500; to execute all documents necessary to effectuate same; and to make non-substantive changes to the documents.

 

 
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F.           New Ordinances - (First Reading of Title and Setting of Public Hearing)

Setting January 22, 2009 as the public hearing date for the following proposed Ordinance(s):

1.         Ordinance amending the Enterprise Zone Development Agency Sections 2-301 through 2-307 of the St. Petersburg City Code to be consistent with current State law; making minor technical corrections; adding alternate commissioners.

 

 
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G.          New Business

1.         Requesting Administration prepare an Ordinance on Crime Prevention through environmental design.  (Council Member Nurse)

 

 
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2.         Rescheduling the January 22, 2009 Public Hearing portion of the agenda to begin at 3:00 p.m.  (Chair Danner)

 

 
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H.          Council Committee Reports

I.             Legal

J.            Open Forum

 

If you wish to address City Council on subjects other than public hearing or quasi-judicial items listed on this agenda, please sign up with the Clerk prior to the meeting.  Only the individual wishing to speak may sign the Open Forum sheet and only City residents, property owners, or business owners may speak.  All issues discussed under Open Forum must be limited to issues related to the City of St. Petersburg government.

 

Speakers will be called to address Council according to the order in which they sign the Open Forum sheet.  In order to provide an opportunity for all citizens to address Council, each individual will be limited to one appearance per month and each speaker will be given three (3) minutes.  The nature of the speakers' comments will determine the manner in which the response will be provided.  The response will be provided by City staff and may be in the form of a letter or a follow-up phone call depending on the request.

 

K.          Adjournment

Consent Agenda I



Consent Agenda A

January 8, 2009

 

NOTE:  Business items listed on the yellow Consent Agenda cost more than one-half million dollars while the blue Consent Agenda includes routine business items costing less than that amount.

(Purchasing)

1.         Renewing an agreement with Standard Insurance Company for group ancillary insurance at an estimated annual premium of $821,397.

 

 
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2.         Accepting proposals from CompBenefits Company for voluntary dental DHMO and vision insurances at an estimated annual premium of $613,206 and from CompBenefits Insurance Company for voluntary dental PPO at an estimated annual premium of $184,232; and authorizing the Mayor to execute all documents necessary to effectuate this transaction. CompBenefits Insurance Company and CompBenefits Company (collectively "CompBenefits") insurances are sold under the branded name of Humana Specialty Benefits.

 

 
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3.         Renewing a blanket purchase agreement with P & L Electric, Inc. for city street lighting installation and maintenance for the Internal Services Administration at an estimated annual cost of $686,750.

 

 
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(Neighborhood Services)

4.         Authorizing the Mayor to accept a grant from the U.S. Department of Housing and Urban Development for the City's Neighborhood Stabilization Program ("NSP"); and approving a supplemental appropriation of $9,498,962 from the increase in the unappropriated balance of the NSP (1114).

 

 
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(Internal Services)

5.         Awarding a contract to Marine Contracting Group, Inc. in the amount of $546,019.50 for the construction of City Port Structural Rehabilitation - Phase 2.  (Engineering Project No. 01072-217; Oracle No. 11665)

 

 
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6.         Grand Central District Complete Streets Project:

 

 
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(a)    Awarding a contract to Florida Safety Contractors, Inc. in the amount of $774,010.11 for Grand Central District Complete Street Central Avenue Intersections at 20th, 22nd and 28th Streets.  (Engineering Project No. 07072-112, Oracle No. 11503) (FPN 413005 1 38/58 01)

(b)   Authorizing the Mayor to execute Supplement No. 2 to the Local Agency Program Agreement between the City of St. Petersburg, Florida, and the State of Florida Department of Transportation ("FDOT") for construction activities of the Grand Central District Complete Streets Project ("Project") in an amount not to exceed $198,000; and approving a supplemental appropriation in the amount of $198,000 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Improvements Fund resulting from these additional revenues to the Grant Central District Project (11503).  (FDOT Financial Project No. 413005-1-38/58-01)(Engineering Project No. 07072-112)

7.         Awarding a contract to Cone Graham, Inc. in the amount of $1,611,834.05 for Grand Canal Boulevard NE Bridge Replacement over Grande Canal (Bridge No. 157202), east of Kansas Avenue.  (Engineering Project No. 06056-110; Oracle No. 10679)

 

 
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8.         Awarding a contract to Overstreet Paving, Inc. in the amount of $3,730,000.00 for Citywide Street Milling and Resurfacing FY2009 and Resurfacing Mangrove Bay Golf Course Parking Lot. (Engineering Project Nos. 09003-130, 08003-830,  08042-119 and 09010-111; Oracle Project No. 12068, Oracle Project No.11674, Oracle Project No. 12143 and Operating Fund 4061.630.2477)

 

 
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9.         Lake Coronado and Vicinity Storm Drainage Improvements:

 

 
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(a)    Awarding a contract, in part, to Terra Excavating, Inc. in the amount of $4,769,980.95 for Lake Coronado and Vicinity Storm Drainage Improvements; approving the transfer of $694,800 from the unappropriated balance of the Stormwater Operating Fund (4011) to the Stormwater Drainage Capital Projects Fund (4013); and approving a supplemental appropriation in the amount of $694,800 from the increase in the unappropriated balance of the Stormwater Drainage Capital Projects Fund (4013) resulting from the transfer, to the Lake Coronado (SDI) Project (10684).  (Engineering Project No. 06043-110, Oracle Project No. 10684)

(b)   Authorizing the Mayor to execute Amendment 1 to Task Order No. 02-3-PWI/GC to the Agreement between the City of St. Petersburg and Parsons Water & Infrastructure, Inc. in an amount not to exceed $73,522.00 for services during construction of the Lake Coronado and Vicinity Storm Drainage Improvements.  (Engineering Project No. 06043-110, Oracle No. 10684)

(c)    Authorizing the Mayor to execute a Second Amendment to the Cooperative Funding Agreement between the City of St. Petersburg and Southwest Florida Water Management District for the design and construction of Lake Coronado and Vicinity Storm Drainage Improvements (7th Street  South to 11th Street South, 58th Avenue South to 60th Avenue South) (L398).  (Engineering Project No. 06043-110, Oracle No. 10684)

Consent Agenda II


Consent Agenda B


January 8, 2009

 

NOTE:  The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion.  Council questions on these items were answered prior to the meeting.  Each Councilmember may, however, defer any item for added discussion at a later time.

(Purchasing)

1.         Awarding an annual cooperative purchase agreement to Allied Universal Corp. for sodium hydroxide for the Water Resources Department at an estimated annual cost of $302,000.

 

 
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(City Development)

2.         Authorizing the Mayor to execute a First Amendment to the January 30, 2006 Property Disposition Agreement with SunTrust Bank, a Georgia Banking Corporation ("SunTrust"),  to amend the size of the bank building to be constructed by SunTrust; to accept the reconveyance of a portion of the bank site at nominal cost; to provide for the re-establishment of an east/west alley between 23rd Street South and 22nd Street South; to pay any necessary and customary costs associated with the reconveyance of not more than $2500; to execute all documents necessary to effectuate same; and to make non-substantive changes to the documents.  [Moved to Reports as E-4]

 

 
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(City Services)

3.         Authorizing the Mayor to declare the Annual Green Thumb Festival, which is held on the last weekend of April, be the day designated for St. Petersburg's annual observation of Arbor Day.

 

 
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4.         Approving the application for "In Name Only" for Tampa Bay Hepatitis & Liver Disease Support Group, Inc. for an awareness program to be held May 19, 2009 in South Straub Park from 10:00 a.m. to 2:00 p.m.

 

 
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(Internal Services)

5.         Awarding a contract to D.R. Swanson Company in the amount of $124,887.00 for construction of the Walter Fuller Overlook Structures (Engineering Project No. 08229-017; Oracle No. 11171); rescinding unencumbered appropriations in the Recreation and Culture Capital Improvements Fund (3029) in the amounts of $16,750 from the Walter Fuller Park Improvement FY08 Project (11171) and $9,000 from the Willis S. Johns Center Improvements Project (11628); and approving the transfer of $25,750 from the unappropriated balance of the Recreation and Culture Capital Improvements Fund (3029), resulting from these rescissions to the Arts in Public Places Fund (1901).

 

 
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6.         Authorizing the Mayor to execute Supplement No. 1 to the Local Agency Program Agreement  between  the City of St. Petersburg, Florida and the State of Florida Department of Transportation ("FDOT") in an amount not to exceed $35,571 for the increased construction cost for the Pinellas Point Area Bicycle Lanes Project; approving a supplemental appropriation in the amount of $35,571 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Improvements Fund (3004) resulting from these additional revenues to the Pinellas Point Project (12274).  (FPN 413107-1-58-01)  (Engineering Project No. 09006-112, Oracle No. 12274)

 

 
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7.         Authorizing the Mayor to execute Supplement No. 2 to the Local Agency Program Agreement  ("Agreement") between  the City of St. Petersburg, Florida and the State of Florida Department of Transportation ("FDOT") in an amount not to exceed $229,372 for increased construction cost for the Skyway Trail Project; and approving a supplemental appropriation of $229,372 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Improvements Fund (3004) resulting from these additional revenues to the Bike - Sky Way Trail FY05 Project (10101).   (FPN 406484-7-38/58/A8-01)  (Engineering Project No. 07070-112, Oracle No. 10101)

 

 
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8.         Authorizing the Mayor to execute Supplement No. 1 to the Local Agency Program Agreement  between  the City of St. Petersburg, Florida and the State of Florida Department of Transportation ("FDOT") in an amount not to exceed $12,754 for the increased construction cost for the Lake Maggiore Bicycle Lanes Project; and approving a supplemental appropriation in the amount of $12,754 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Improvements Fund (3004) resulting from these additional revenues to the Lake Maggiore Bicycle Lanes Project (12163).   (FPN 413105-1-58-01)  (Engineering Project No. 09007-112, Oracle No. 12163)

 

 
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(Miscellaneous)

9.         Approving the increase to pension benefits for retirees and beneficiaries receiving benefits under the Employees' Retirement System ("Plan").

 

 
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10.     Declaring the 24th Annual National Dr. Martin Luther King, Jr. Drum Major for Justice Parade which is to take place on January 19, 2009, to be a special event within the meaning of Section 16.70.030.1.5. C. 1. of the St. Petersburg City Code; and delineating boundaries and time within which the declaration is to be effective.

 

 
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11.     Authorizing the Mayor to delegate signature authority to the City Administrator for the purpose of executing documents concerning Disaster Relief Funding for Federal and State Assistance for Tropical Storm Fay.

 

 
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End notes

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, January 15, 2009, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, January 15, 2009, 9:15 a.m., Community Resource Room

 

CRA/Agenda Review

Thursday, January 15, 2009, 1:30 p.m., Room 100

 

City Council Meeting

Thursday, January 15, 2009, 3:00 p.m., Council Chambers

 

 

 

Housing Services Committee

Thursday, January 22, 2009, 10:30 a.m. - Noon, Room 100

 

Council Workshop – Pier Operations

Thursday, January 22, 2009, 1:00 p.m., Room 100

 

 

 

Council Workshop – Police Update

Thursday, February 5, 2009, immediately following Council meeting, Room 100

 

 

 

Council Procedures Committee - Update

Thursday, February 19, 2009, 10:00 a.m., Room 100

 

Council Workshop – Tampa Bay Water

Thursday, February 19, 2009, 1:00 p.m., Room 100

 

 

 

Council Workshop – Pier Visioning Update

Thursday, February 26, 2009, 2:00 p.m., Room 100


 

 

 

Arts Advisory

2 Regular Members

(Terms expire 9/30/09 & 9/30/10)

 

City Beautiful Commission

1 Regular Member

(Term expires 12/31/09)

 

Civil Service Board

1 Alternate Member

(Term expires 6/30/10)

 

Commission on Aging

1 Regular Member

(Term expires 12/31/09)

 

 

 

Committee to Advocate for Persons with Impairments (CAPI)

2 Alternate Members

(Terms expire 12/31/10)

 

International Relations Committee

2 Regular Members

(Terms expire 12/31/08 & 12/31/09)

 

Public Arts Commission

1 Regular Member

(Term expires 4/30/09)

 

 

End notes for Quasi (delete if unneeded)


PROCEDURES TO BE FOLLOWED FOR QUASI-JUDICIAL PROCEEDINGS:

 

 

1.       Anyone wishing to speak must fill out a yellow card and present the card to the Clerk.  All speakers must be sworn prior to presenting testimony.  No cards may be submitted after the close of the Public Hearing.  Each party and speaker is limited to the time limits set forth herein and may not give their time to another speaker or party.

 

2.       At any time during the proceeding, City Council members may ask questions of any speaker or party.  The time consumed by Council questions and answers to such questions shall not count against the time frames allowed herein.  Burden of proof: in all appeals, the Appellant bears the burden of proof; in variance application cases, the Applicant bears the burden of proof; in rezoning and Comprehensive Plan land use cases, the Owner bears the burden of proof except in cases initiated by the City Administration, in which event the City Administration bears the burden of proof. Waiver of Objection: at any time during this proceeding Council Members may leave the Council Chamber for short periods of time.  At such times they continue to hear testimony because the audio portion of the hearing is transmitted throughout City Hall by speakers.  If any party has an objection to a Council Member leaving the Chamber during the hearing, such objection must be made at the start of the hearing.  If an objection is not made as required herein it shall be deemed to have been waived.

 

3.       Initial Presentation.  Each party shall be allowed ten (10) minutes for their initial presentation. 

 

a.       Presentation by City Administration.

 

b.       Presentation by Applicant and/or Appellant. If Appellant and Applicant are different entities then each is allowed the allotted time for each part of these procedures.  The Appellant shall speak before the Applicant.  In connection with land use and zoning ordinances where the City is the applicant, the land owner(s) shall be given the time normally reserved for the Applicant/Appellant, unless the land owner is the Appellant.

 

c.       Presentation by Opponent.  If anyone wishes to utilize the initial presentation time provided for an Opponent, said individual shall register with the City Clerk at least one week prior to the scheduled public hearing.

 

4.       Public Hearing.  A Public Hearing will be conducted during which anyone may speak for 3 minutes.   Speakers should limit their testimony to information relevant to the ordinance or application and criteria for review.

 

5.       Cross Examination.  Each party shall be allowed five (5) minutes for cross examination.  All questions shall be addressed to the Chair and then (at the discretion of the Chair) asked either by the Chair or by the party conducting the cross examination of the speaker or of the appropriate representative of the party being cross examined.  One (1) representative of each party shall conduct the cross examination.  If anyone wishes to utilize the time provided for cross examination and rebuttal as an Opponent, and no one has previously registered with the Clerk, said individual shall notify the City Clerk prior to the conclusion of the Public Hearing.  If no one gives such notice, there shall be no cross examination or rebuttal by Opponent(s).  If more than one person wishes to utilize the time provided for Opponent(s), the City Council shall by motion determine who shall represent Opponent(s).

 

a.     Cross examination by Opponents.

b.     Cross examination by City Administration. 

c.     Cross examination by Appellant followed by Applicant, if different.

 

6.   Rebuttal/Closing.  Each party shall have five (5) minutes to provide a closing argument or rebuttal.

      a.       Rebuttal by Opponents.  

      b.       Rebuttal by City Administration. 

      c.       Rebuttal by Appellant followed by the Applicant, if different.