May 21, 2009

3:00 PM

 

 

 

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 individuals who are deaf/hard of hearing.

 

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 deaf/hard of hearing and 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.

 


          May 21, 2009

          3:00 PM

 

Council Meeting

A.          Meeting Called to Order and Roll Call.

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

B.          Approval of Agenda with Additions and Deletions.

C.          Consent Agenda

(see attached)

D.          Awards and Presentations

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

Setting June 4, 2009 as the public hearing date for the following proposed Ordinance(s):

1.         Amending the Development Agreement with Celotex Pridgen, LLLP, for property generally located at 10301 Dr. Martin Luther King Jr. Street North.

 

 
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2.         Authorizing encumbrances on Albert Whitted Municipal Airport property in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, for receipt of a Florida Department of Transportation grant in the amount of $48,000 for the Taxiway "D", Ramp and REILs Project; authorizing the Mayor or his designee to accept the grant in the amount of $48,000; authorizing the Mayor or his designee to execute all documents necessary to effectuate this Ordinance; and approving supplemental appropriations from the increase in the unappropriated balance of the Airport Capital Improvement Fund (4033).

 

 
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3.         Ordinance providing for the calling of an election to present to the voters an amendment to Section 5.05(d) of the St. Petersburg City Charter providing that the Canvassing Board for City election returns be the Pinellas County Canvassing Board.

 

 
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F.           Reports

1.         Stimulus Funding Update.  (Oral)

 

 
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2.         Approving the purchase of replacement police cruisers from Garber Chevrolet-Buick-Pontiac-GMC Truck, Inc. for the Fleet Management Department at a total cost of $1,117,143.

 

 
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3.         Arts Update.  (Oral)

 

 
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G.          New Business

1.         Referring to the Council Procedures Committee a request for all Public Hearings to be scheduled at 6:00 p.m. that impact our entire City.  (Councilmember Newton)

 

 
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2.         Referring the City's Panhandling Ordinance prohibited zone to the Public Services & Infrastructure Committee for review.  (Councilmember Nurse)

 

 
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H.          Council Committee Reports

1.         Budget, Finance & Taxation Committee.  (5/14/09)

 

 
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2.         Public Services & Infrastructure Committee.  (5/14/09)

 

 
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(a)    Ordinance amending Section 28-6, City Code; revising the requirements for a public vehicle driver permit; and modifying and clarifying requirements for applications, appeals, denials and revocations.

(b)   Ordinance amending Sections 17-151 through 17-173 of the St. Petersburg City Code, which regulate peddlers, solicitors and canvassers. 

(c)    Ordinance amending Sections 17-226 through 17-255 of the St. Petersburg City Code, related to fortunetelling.

(d)   Ordinance providing for the adoption of regulations promoting the use of drought tolerant plant materials; providing for incentives; and providing for prohibitions limiting the use of St. Augustine turf in new construction.

(e)    Ordinance amending the St. Petersburg City Code by creating a new Section 16.50.85 providing for community gardens; creating a new Section 16.70.030.1.13 providing for procedures for review and approval of an annual community garden permit; providing for conditions of approval; and providing for suspensions, revocations and appeals.

I.             Legal

J.            Public Hearings and Quasi-Judicial Proceedings - 6:00 P.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.         Confirming the Preliminary Assessment for Lot Clearing Number 1456.

 

 
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2.         Confirming the Preliminary Assessment for Building Securing Numbers 1116 and 1117.

 

 
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3.         Confirming the Preliminary Assessment for Building Demolition Numbers 356 and 357.

 

 
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4.         Approving a Substantial Amendment to the FY 2008-2009 Annual Action Plan ("Amendment") to add a new Community Development Block Grant-Recovery ("CDBG-R") program with funding in the amount of $598,343 to be allocated to the City from the U.S. Department of Housing and Urban Development ("HUD") to establish the CDBG-R; authorizing the Mayor to submit the Amendment to HUD and to execute all documents necessary to implement the Amendment.

 

 
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Second Reading and Second Public Hearings

5.         Proposed amendments to the Local Government Comprehensive Plan (LGCP) implementing requirements of Section 163.3191 F.S., related to the Evaluation and Appraisal Report.  (City File LGCP/EAR-2008-02)

 

 
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(a)    Ordinance 894-G amending the Comprehensive Plan based on the 2007 Evaluation and Appraisal Report prepared pursuant to Chapter 163, Part II F.S.

Quasi-Judicial Proceedings - 2nd Reading/2nd 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.

Second Reading and Second Public Hearings

6.         City File FLUM-3(A)

 

 
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(a)    Ordinance 689-L establishing Commercial General and Residential Low as the Future Land Use Map designations, subsequent to annexation, for an area totaling approximately 18.25 acres, generally located on the west side of the Pinellas Bayway (SR 679) on the northern end of Tierra Verde.

(b)   Ordinance 716-Z establishing CCS-3 (Corridor Commercial Suburban) and NS-2 (Neighborhood Suburban) as the Official Zoning Map designations for the above-described property, subsequent to annexation.


K.          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.

 

L.          Adjournment

Consent Agenda I



Consent Agenda A

May 21, 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.         Approving the purchase of replacement police cruisers from Garber Chevrolet-Buick-Pontiac-GMC Truck, Inc. for the Fleet Management Department at a total cost of $1,117,143.  [Moved to Reports as F-2]

 

 
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2.         Pumps, Pump Parts and Repair Services:

 

 
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(a)    Renewing blanket purchase agreements with Alfred Conhagen, Inc. of Florida, Tampa Armature Works, Inc. d/b/a TAW Technical Field Services; Cardo USA, Inc. formerly ABS Pumps, Inc; Alttec Corporation; and Carter & Ver Planck for pumps, pump parts and repair services for the Water Resources Department at an estimated annual cost of $675,000.

(b)   Approving blanket purchase agreements with Carl Eric Johnson, Inc., ITT Water & Wastewater Florida, LLC and Tencarva Machinery Co. d/b/a Hudson Pump & Equipment, sole source providers for pumps, pump parts and repair services for the Water Resources Department at an estimated annual cost of $225,000.

(City Development)

3.         Downtown St. Petersburg Intermodal Facility Study:

 

 
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(a)    Authorizing the Mayor to enter into an agreement with the Pinellas County Metropolitan Planning Organization (MPO), which will allow the MPO, a designated Federal Transit Administration (FTA) grantee, to pass through to the City a contribution of $20,000 in FTA Section 5303 funding from the Pinellas Suncoast Transit Authority (PSTA) towards Task 2 of the Downtown St. Petersburg Intermodal Facility Study, and approving a supplemental appropriation in the amount of $505,888 in the General Capital Improvement Fund.

(b)   Authorizing the Mayor to enter into an agreement with the firm PB Americas, Inc. in the amount of $499,867 for professional services related to the Downtown St. Petersburg Intermodal Facility Study.

Consent Agenda II



Consent Agenda B

May 21, 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.         Renewing an agreement with Professional Staffing ABTS Inc., dba Able Body Labor and Lumea Staffing, Inc. formerly E.S.S.I., Inc. for temporary staffing for city-wide use at an estimated annual amount of $470,000.

 

 
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2.         Renewing an agreement with G.A. Food Services of Pinellas County, Inc. d/b/a G.A. Food Service, Inc. for the Summer Food Service Program for the Recreation Department at an estimated annual amount of $350,139.

 

 
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3.         Accepting a proposal from PAW Materials, Inc. for digester tank repair services for the Water Resources Department a total cost of $262,950.

 

 
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4.         Accepting bids from Office Furniture Center, Inc., Office Pavilion South Florida, Inc. d/b/a Workplace Resource, Holmes & Brakel International, Inc., Corporate Express Office Products, Inc., Commercial Design Services, Inc., and Florida Business Interiors, Inc. for furniture for the Main Library at a total cost of $253,161.

 

 
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5.         Renewing blanket purchase agreements with Wesco Turf Supply, Inc. now known as Wesco Turf, Inc; Ruckus Investments LC d/b/a Quality Mowers; Deere & Company; Rudy's Rentals & Sales, Inc; and Vermeer Southeast Sales & Services, Inc., for lawn and turf equipment, power tools, parts and accessories at an estimated annual cost of $201,000.

 

 
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(City Development)

6.         Authorizing the Mayor to execute a Lease Agreement with Pasadena Card Club, Inc., a Florida not-for-profit corporation, for the use of City-owned real property located at Ten Park Street North, St. Petersburg, Florida for a period of thirty-six (36) months, at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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7.         Authorizing the Mayor to grant a Public Utility Easement to Florida Power Corporation d/b/a Progress Energy Florida Inc., a Florida corporation, for the installation, operation and maintenance of electrical service improvements and related facilities to Building "C" of the Water Resources Complex located at 1635 Third Avenue North, St. Petersburg.

 

 
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(Internal Services)

8.         Awarding a contract to Surge Restoration Solutions Group, Inc. in the amount of $288,380.00 for Fleet Maintenance Facility Fueling Site Upgrades.  (Engineering Project No. 07077-119, Oracle No. 10720)

 

 
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9.         Awarding a contract to Kimmins Contracting Corporation in the amount of $180,807 for the 54th Avenue South Slip-Lining Rehab of 54" RCP Sewer; rescinding an unencumbered appropriation in the Water Resources Capital Project Fund (4003) in the amount of $250,000 from the SAN Bas. 1/4/10/15/18/20/29 Project (10114); and approving a supplemental appropriation in the amount of $250,000 to the SAN 54 A/S Slip Line FY09 Project (12312) from the increase in the unappropriated balance of the Water Resources Capital Project Fund (4003) resulting from the rescission (Engineering Project No. 09020-111; Oracle No. 12312).

 

 
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(Appointments)

10.     Confirming the reappointment of Gail Simpson and John Hixenbaugh as regular members to the Public Arts Commission to serve four-year terms ending 4/30/13.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Council FY10 Budget Workshop

Tuesday, May 12, 2009, 1:00 p.m. – 5:00 p.m., CIP, Room 100

 

 

Consolidated Plan Review Committee

Wednesday, May 13, 2009, 8:30 a.m., Room 100

 

 

 Budget, Finance & Taxation Committee

Thursday, May 14, 2009, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, May 14, 2009, 9:15 a.m., Room 100

 

City Council Workshop – EMS

Thursday, May 14, 2009, immediately following Public Services & Infrastructure Committee, Council Chamber

 

CRA/Agenda Review (5/21/09 Agenda)

Thursday, May 14, 2009, 1:00 p.m., Room 100

 

Council Workshop – USF Student Presentation

Thursday, May 14, 2009, 1:30 p.m., Room 100

 

 

Council Joint Meeting with Pinellas Board of County Commission

Tuesday, May 19, 2009, 9:30 a.m., at JWB Children’s Services Council of Pinellas County

14155 58th Street North, Clearwater

 

 

Council FY10 Budget Workshop

Tuesday, May 26, 2009, 8:30 a.m. – 5:00 p.m., Operating Budget, Room 100

 

Council Waterfront Master Plan Workshop

Thursday, May 28, 2009, following Agenda Review, Room 100

 

Arts Advisory

1 Regular Member

(Term expires 9/30/11)

 

Code Enforcement Board

1 Regular Member (Architect category)

(Term expires 12/31/11)

 

 

 

 

International Relations Committee

1 Regular Member

(Term expires 12/31/11)

 

Planning & Visioning Commission

1 Alternate Member

(Term expires 9/30/10)

 

 

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.