January 21, 2010

4:00 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. 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.

 


January 21, 2010

4:00 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.          New Ordinances - (First Reading of Title and Setting of Public Hearing)

E.          Reports

1.         Authorizing the Mayor to execute a Solar Parks Initiative Assistance Agreement ("Agreement") with the U.S. Department of Energy to design, build and operate solar power systems in City Parks at a maximum reimbursement amount of $1,427,250 and all documents necessary to effectuate the Agreement; approving a supplemental appropriation of $1,427,250 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001) resulting from these additional revenues.

 

 
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2.         Awarding a contract to Air Mechanical & Service Corp. in the amount of $134,838 for the St. Petersburg Museum of History HVAC Replacement. (Engineering Project Number 09035-119; Oracle Number 12355).

 

 
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3.         Awarding a contract to Bridge Masters Construction, LLC in the amount of $124,642 for Tropicana Field Repair of Four Bridges (Engineering Project Number 09015-330) Oracle Project Number 12692.

 

 
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4.         Resolution concurring with the Administration's proposal for a Forest Health Improvement Initiative Grant ("Proposal") in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, Division of Forestry ("Department") for tree reforestation and remediation in public rights-of-way in Midtown; authorizing the Mayor to submit the Proposal; to execute a Forest Health Improvement Initiative Grant Maintenance Memorandum of Agreement with the Department in accordance with the Department’s Request for Proposals and City procedures, if awarded a Grant; and to execute all documents.

 

 
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5.         Approving the transfer of an unencumbered appropriation of $70,000 within the Local Housing Trust Fund from Local Housing Trust Fund Admin (12165) to LHTF Housing Counseling FY 08/09 (12166) for the continuation of the foreclosure counseling program; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.

 

 
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6.         Authorizing the Mayor to accept a State of Florida, Division of Emergency Management federally funded subgrant in the amount of $321,221 for the specific purpose of performing eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2009 State Homeland Security Grant Program consistent with the Department of Homeland Security Grant Program consistent with the Department of Homeland Security State Strategy; and to execute an acceptance letter, a grant agreement with the State of Florida, Division of Emergency Management and all other documents necessary to effectuate this transaction; approving a supplemental appropriation of $321,221 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Fire Department.

 

 
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F.           New Business

1.         Referring to the Public Services & Infrastructure Committee an LDR amendment to include an artist enclave district overlay.  (Councilmember Danner)

 

 
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2.         Requesting City Council announce an open vacancy for the MPO Citizen Advisory Committee, with resumes submitted to the Clerk's Office no later than January 29, 1020.  (Councilmember Polson)

 

 
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3.         Referring to the Housing Services Committee to review possible ordinance changes and permitting process adjustments for renewable energy.  (Councilmember Nurse)

 

 
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G.          Council Committee Reports

1.         Committee of the Whole.  (1/7/10)

 

 
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2.         Legislative Affairs & Intergovernmental Relations Committee.  (1/7/10)

 

 
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3.         Budget, Finance & Taxation Committee.  (1/14/10)

 

 
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(a)    Resolution approving an amendment of the restated City of St. Petersburg Investment Plan for municipal funds to remove reverse repurchase agreements (Securities Lending) as an authorized investment.

4.         Public Services & Infrastructure Committee.  (1/14/10)

 

 
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(a)    Ordinance amending Sections 28-3 (d)(7) and 28-4 (c) of the City Code regulating taxicabs; and modifying certain requirements for taxicabs.

 

H.          Legal


I.             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.         Ordinance 968-G amending the Development Order for the Gateway Centre St. Petersburg Development of Regional Impact including; modification of project land uses and the land use equivalency matrix, modifying transportation impact mitigation requirements, extending the build-out date and other miscellaneous changes and updates.

 

 
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2.         Confirming Preliminary Assessment for Lot Clearing Number 1472.

 

 
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3.         Confirming Preliminary Assessment for Building Demolition Numbers 366 and 367.

 

 
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4.         Confirming Preliminary Assessment for Building Securing Numbers 1132 and 1133.

 

 
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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, owners of property in the City, owners of businesses in the City or their employees 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 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 21, 2010

 

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 annual service agreements for the Oracle eBusiness Suite, Oracle Work and Asset Management applications, Oracle Spatial, and other Oracle technology products with Oracle USA, Inc., a sole source supplier, at a cost of $503,349.18.

 

 
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(Public Works)

2.         Authorizing the Mayor to execute a Solar Parks Initiative Assistance Agreement ("Agreement") with the U.S. Department of Energy to design, build and operate solar power systems in City Parks at a maximum reimbursement amount of $1,427,250 and all documents necessary to effectuate the Agreement; approving a supplemental appropriation of $1,427,250 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001) resulting from these additional revenues.  [Moved to Reports as E-1]

 

 
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Consent Agenda II


 


Consent Agenda B

January 21, 2010

 

 

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 contract to Air Mechanical & Service Corp. in the amount of $134,838 for the St. Petersburg Museum of History HVAC Replacement. (Engineering Project Number 09035-119; Oracle Number 12355).  [Moved to Reports as E-2]

 

 
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2.         Awarding a contract to Bridge Masters Construction, LLC in the amount of $124,642 for Tropicana Field Repair of Four Bridges (Engineering Project Number 09015-330) Oracle Project Number 12692.  [Moved to Reports as E-3]

 

 
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3.         Awarding a three-year blanket purchase agreement to Pace Analytical Services, Inc. for environmental laboratory testing services for the Water Resources Department at an estimated cost of $109,620.

 

 
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4.         Awarding a three-year blanket purchase agreement to Bright House Networks, LLC for dedicated Internet and intranet services for the Libraries at an estimated cost of $190,728.

 

 
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5.         Awarding a blanket purchase agreement to Xerox Corporation for the lease and maintenance of new copiers at an estimated annual amount of $160,000.

 

 
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6.         Accepting a proposal from Infilco Degremont, Inc., a sole source, for the purchase of replacement control panels for the Water Resources Department at a total cost of $150,326.

 

 
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(City Development)

7.         Authorizing the Mayor to accept the conveyance of one (1) unimproved parcel of land located on the northeast corner of 64th Street South and 5th Avenue South, St. Petersburg, from Florida Power Corporation d/b/a Progress Energy Florida, Inc.; to pay closing related costs not to exceed $700.00.

 

 
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(Leisure & Community Services)

8.         Resolution concurring with the Administration's proposal for a Forest Health Improvement Initiative Grant ("Proposal") in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, Division of Forestry ("Department") for tree reforestation and remediation in public rights-of-way in Midtown; authorizing the Mayor to submit the Proposal; to execute a Forest Health Improvement Initiative Grant Maintenance Memorandum of Agreement with the Department in accordance with the Department’s Request for Proposals and City procedures, if awarded a Grant; and to execute all documents.  [Moved to Reports as E-4]

 

 
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(Public Works)

9.         Authorizing the Mayor to execute Amendment No. 1 to Task Order No. 08-1-BC/W to the Agreement between the City of St. Petersburg and Brown and Caldwell, in the amount of $86,793 for the NWWRF Reject Water Disposal Systems Improvements, Phase II located at 7500 26th Avenue North.  (Engineering Project No. 09054-111; Oracle No. 12608)

 

 
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(Community Enrichment)

10.     Approving the transfer of an unencumbered appropriation of $70,000 within the Local Housing Trust Fund from Local Housing Trust Fund Admin (12165) to LHTF Housing Counseling FY 08/09 (12166) for the continuation of the foreclosure counseling program; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.  [Moved to Reports as E-5]

 

 
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(Appointments)

11.     Confirming the reappointment of Kathleen M. Estevez, James E. Flynn, Jr. and Chika Berrios as regular members to the International Relations Committee to serve three-year terms ending December 31, 2012.

 

 
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12.     Confirming the appointment of Hardy W. Bryan and Lawrence T. Ahern, presently alternate members, as regular members to the Nuisance Abatement Board to serve a three-year term ending 12/31/12 and to fill an unexpired three-year term ending 12/31/10, respectively; and confirming the reappointment of Tracey Webster as a regular member to the Nuisance Abatement Board to serve a three-year term ending 12/31/12.

 

 
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13.     Confirming the reappointment of Wayne N. Fraser and N. Hadley Heindel, Jr. as regular members to the Health Facilities Authority to serve four-year terms ending December 31, 2013.

 

 
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14.     Confirming the reappointment of Linda Reimer as a regular member to the Commission on Aging to serve a three-year term ending December 31, 2012.

 

 
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15.     Confirming the reappointment of Diane Smith, Joan Jaicks, Rick Nale and Shirley A. Scott as regular members to the City Beautiful Commission to serve three-year terms ending December 31, 2012.

 

 
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16.     Reappointing Joseph S. Colbert, as a regular member in the Non-category, and Aaron M. Sharpe, as a regular member in the Contractor category, to the Code Enforcement Board to serve three-year terms ending December 31, 2012.

 

 
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(Miscellaneous)

17.     Authorizing the Mayor to accept a State of Florida, Division of Emergency Management federally funded subgrant in the amount of $321,221 for the specific purpose of performing eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2009 State Homeland Security Grant Program consistent with the Department of Homeland Security Grant Program consistent with the Department of Homeland Security State Strategy; and to execute an acceptance letter, a grant agreement with the State of Florida, Division of Emergency Management and all other documents necessary to effectuate this transaction; approving a supplemental appropriation of $321,221 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Fire Department.  [Moved to Reports as E-6]

 

 
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18.     Authorizing the Mayor to accept $315,627.20 from Pinellas County ("County") as the City's share of the FY 2009 Edward Byrne Memorial Justice Assistance Grant ("JAG") to continue funding of law enforcement initiatives as set out in the County's grant application, and to execute all documents necessary to effectuate this transaction; approving a supplemental appropriation in the amount of $315,627.20 from the increase in the unappropriated balance of the  General Fund (0001) resulting from these additional revenues to the Police Department, Fiscal Support (140-1389).

 

 
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19.     Approving minutes of the September 3, September 10, September 17, October 1 and October 8, 2009 City Council meetings.

 

 
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End notes

 

 

 

 

 

 

 

 

 


 


Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, January 28, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, January 28, 2010, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, January 28, 2010, 10:30 a.m., Room 100

 

 

CRA/Agenda Review (2/4/10)

Thursday, January 28, 2010, 1:30 p.m., Room 100

 

 

 

Committee of the Whole – Waterfront Transportation & Parking

Thursday, January 28, 2010, Room 100, immediately following Agenda Review

 

 

 

Council Workshop – Homeless Issues

Thursday, February 18, 2010, 1:30 p.m., Room 100

 

 

 

CRA/Agenda Review (3/4/10)

Thursday, February 25, 2010, 1:30 p.m., Room 100

 

Council Workshop – Billboards

Thursday, February 25, 2010, immediately following Agenda Review 1:30 p.m., Room 100

 


 

 

Arts Advisory

4 Regular Members

(Terms expire 9/30/10 & 9/30/12)

 

Code Enforcement Board

2 Regular Members (Architect and Realtor  categories)

(Terms expire 12/31/11 & 12/31/12)

 

Commission on Aging

3 Regular Members

(Terms expire 12/31/10 & 12/31/12)

 

 

 

Nuisance Abatement Board

2 Regular Members

(Terms expire 12/31/10 & 12/31/12)

 

 

Social Services Allocations Committee

1 Regular Member

(Term expires 9/30/12)

 

 

 

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.