August 6, 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 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. The agenda and backup material is posted on the City’s website @ www.stpete.org.  A copy is also available on the podium outside Council Chamber at the start of the Council 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.

 


August 6, 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.

B.          Approval of Agenda with Additions and Deletions.

C.          Consent Agenda (see attached)

D.          Awards and Presentations

E.          Correspondence

NOTE:  Only the person who has written the letter, or an authorized representative, will be permitted to speak in connection with an item of correspondence.  The person speaking will be given three minutes ONLY to state the request.  In some instances and at the discretion of City Council, more than three minutes speaking time will be granted.

F.           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 1005-V approving the vacation of Yale Street South, between 8th Avenue South and the northern boundary of Interstate - 275.  (City File 09-33000003)

 

 
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2.         Ordinance 941-G providing for the calling of an election to present to the voters an amendment to Section 3.04 (a) of the St. Petersburg City Charter to provide a more consistent method for filling vacancies on City Council.

 

 
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3.         Ordinance 942-G providing for the calling of an election to present to the voters an amendment to Section 5.05 (f) of the St. Petersburg City Charter to allow for changes in election and qualifying dates when necessitated by the requirements of the Pinellas County Supervisor of Elections.

 

 
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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.

4.         Ordinance 071-HL approving the designation of the Ridgely Residence, located at 600 Beach Drive Northeast, as a local historic landmark.  (City File HPC 09-03)

 

 
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G.          Reports

1.         Baywalk Revitalization Plan.

 

 
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2.         Airport Terminal Restaurant Lease.

 

 
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3.         Graham Rogal Update. (Oral)

 

 
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4.         Stimulus Update.  (Oral)

 

 
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5.         Pinellas Planning Council Update.  (Councilmember Kennedy) (Oral)

 

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

 

 
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7.         EMS Update (Oral)

 

 
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8.         International Relations Committee.  (Councilmember Kennedy) (Oral)

 

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

Setting September 3, 2009 as the public hearing date for the following proposed Ordinance:

1.         Approving the vacation of a 20-foot wide public walkway easement lying between Lots 11 and 12, Block 25, Coquina Key Subdivision Section Two, and between Lots 27 and 28, Block 25, Coquina Key Subdivision Section One; amending Ordinance 997-V, by which the vacation was approved in 2008, having the effect of correcting the legal description of the public walkway easement being vacated.  (City File 08-33000009)

 

 
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I.             New Business

1.         Requesting the reappointments of Council Members Jeff Danner and Herb Polson to the board of the Metropolitan Planning Organization.  (Chair Danner)

 

 
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2.         Requesting to eliminate the Council Procedures Committee and refer matters pertaining to council procedures to a Committee of the Whole.   (Councilmember Dudley)

 

 
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3.         Requesting City Council refer to the Public Services & Infrastructure Committee a discussion of Police response to gated communities.  (Councilmember Nurse)

 

 
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4.         Referring to the Public Services & Infrastructure Committee for discussion, the City's Push Cart Vending Ordinance.  (Councilmember Newton)

 

 
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J.            Council Committee Reports

1.         Council Procedures Committee.  (7/23/09)

 

 
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(a)    Resolution consolidating and amending the City Council Policy concerning the Open Forum portion of the agenda.

(b)   Council action on televising Council Committees meetings.

2.         Budget, Finance & Taxation Committee.  (7/30/09)

 

 
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3.         Public Services & Infrastructure Committee.  (7/30/09)

 

 
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(a)    Ordinance amending Section 2-370 of the City Code naming the new terminal building at the Albert Whitted Airport as the "John and Rosemary Galbraith Terminal."

(b)   Ordinance relating to lot clearing required by overgrowth of vegetation, and appeals from Notices of Violation for such overgrowth; amending Sections 16.40.060.4.1.B, 16.40.060.4.2.A and B, and 16.70.010.6.A of the St. Petersburg Code, providing for a shortened appeal period for notice given to repeat violators.

(c)    Ordinance relating to Code Enforcement; amending Section 9-20 of the St. Petersburg Code to define "repeat violation."

4.         Housing Services Committee.  (7/30/09)

 

 
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(a)    Acquisition of four (4) bank-owned, foreclosed and unoccupied parcels under the Neighborhood Stabilization Program; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of Housing and Economic Recovery Act 2008:  (1) Authorizing the purchase of 2320 Melrose Avenue South, St. Petersburg, for the sum of $22,770; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000;  (2) Authorizing the purchase of 1825 44th Street South, St. Petersburg, for the sum of $19,701; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000; (3) Authorizing the purchase of 917 10th Street South, St. Petersburg, for the sum of $15,840; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000; and (4) Authorizing the purchase of 1830 19th Street South, St. Petersburg, for the sum of $29,700; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(b)   Approving the disbursement of $290,934 to the Pinellas County Housing Finance Authority ("PCHFA") for use as a grant to Catholic Charities Foundation of Tampa Bay, Inc. ("Catholic Charities") from the Special Needs Permanent Rental Housing Category of the City's FY 2006-2007 Housing Trust Fund Program for the construction of a special  needs efficiency apartment building ("Development") in accordance with City Council Resolution No. 2008-254 and the City's FY2009 budget; authorizing the Mayor to execute an agreement with the PCHFA to manage the funding and construction of the Development, and to execute all documents necessary to effectuate this transaction.

5.         Legislative Affairs & Intergovernmental Relations Committee.  (7/30/09)

 

 
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K.          Legal

1.         Proposed settlement Emver Marquez v. City.

 

 
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L.          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.

 

M.        Adjournment

CRA


St. Petersburg Canvassing Board

August 6, 2009

 

 

1.         City Council Convenes as Canvassing Board.

 

 
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2.         Designating a Canvassing Board representative and  alternate representative for the August 12, 2009, 9:00 a.m., pre-election test of optical scan equipment.

 

 
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3.         Adjourn Canvassing Board.

 

 
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Consent Agenda I



Consent Agenda A

August 6, 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.

(Neighborhood Services)

1.         Authorizing the Mayor to accept a grant from the U.S. Department of Housing and Urban Development ("HUD") in the amount of $598,343 ("Grant") for the City's Community Development Block Grant - Recovery ("CDBG-R") Program and to execute a Grant agreement and all other documents necessary to effectuate acceptance of the Grant, and approving a supplemental appropriation in the amount of $598,343 from the increase in the unappropriated balance of the CDBG-R Fund (1017) resulting from these additional revenues.

 

 
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Consent Agenda II



Consent Agenda B

August 6, 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 a two year blanket purchase agreement to Ferris Pools, Inc. for safety pool covers for the Codes Compliance Assistance Department at an estimated cost of $117,500.

 

 
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(City Development)

2.         Authorizing the Mayor to execute a Subordination Agreement with the Florida Department of Transportation ("FDOT") to subordinate the City of St. Petersburg's interest in a portion of a platted public utility easement within property owned by St. Anthony's Hospital located on 5th Avenue North between 10th Street and Jackson Street North associated with FDOT's Roadway Improvement Project 416851-1.

 

 
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(Midtown Economic Development)

3.         Approving a supplemental appropriation in the amount of $21,103 from the increase in the unappropriated balance of the General Fund (0001) resulting from the payment in lieu of taxes paid by the St. Petersburg Housing Authority for the Dr. Carter G. Woodson African American Museum ("Museum"), to Midtown Economic Development (3301945) to provide funds to the Museum for use in accordance with an agreement with the City.

 

 
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(Miscellaneous)

4.         Authorizing the Mayor to execute a Mentor Recruitment and Training Agreement with the Pinellas County Education Foundation, Inc. in the amount of $27,950 and all other documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $27,950 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

 

 
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5.         Approving minutes of the May 7 and May 14, 2009 City Council meetings.

 

 
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6.         Confirming the reappointment of Brian Wilder as a regular member to the Investment Oversight committee to serve a two-year term ending March 31, 2011.

 

 
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7.         Authorizing the Mayor to execute an agreement between the City and the School Board of Pinellas County, Florida, to provide school buses and drivers when available for City-sponsored field trips.

 

 
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End notes


Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, August 20, 2009, 8:00 a.m., Council Chamber

 

Public Services & Infrastructure Committee

Thursday, August 20, 2009, 9:15 a.m., Council Chamber

 

Council Procedures Committee

immediately following Public Services & Infrastructure Committee

August 20, 2009, Room 100

 

 

Budget, Finance & Taxation Committee

Thursday, August 27, 2009, 8:00 a.m., Council Chamber

 

Public Services & Infrastructure Committee

Thursday, August 27, 2009, 9:15 a.m., Council Chamber

 

Housing Services Committee

Thursday, August 27, 2009, 10:30 a.m., Council Chamber

 

 

CRA/Council Agenda Review (8/6/09 Agenda)

Thursday, August 27, 2009, 1:30 p.m., Room 100

 

 

 

 

FY 2010 Budget Public Hearings

Thursday, September 3 and September 17, 2009, 6:00 p.m., Council Chamber


 

 

Arts Advisory

1 Regular Member

(Term expires 9/30/09)

 

Committee to Advocate for Persons with Impairments (CAPI)

1 Alternate Member

(Term expires 12/31/11)

 

Community Preservation Commission

1 Regular Member

(Term expires 9/30/10)

 

 

Code Enforcement Board

1 Regular Member (Architect category)

(Term expires 12/31/11)

 

Public Arts Commission

1 Regular Member

(Term expires 4/30/13)

 

 

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.