February 4, 2010
to the City of
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
your convenience, a copy of the agenda material is available for your review at
the Main Library,
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.
February 4, 2010
A. Meeting Called to Order and Roll Call.
Invocation and Pledge to the Flag of the
B. Approval of Agenda with Additions and Deletions.
C. Consent Agenda (see attached)
D. Public Hearings and Quasi-Judicial Proceedings - 9:00 A.M.
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.
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. Waiving the policy set forth in Section 2-296 which provides that citizens can serve on no more than one committee at a time for Mark Chmielewski; and confirming his appointment as a regular member to the Investment Oversight Committee to fill an unexpired two-year term ending March 31, 2011.
7. Authorizing the Mayor to execute a First Amendment to the January 30, 2006 Property Disposition Agreement with SunTrust Bank, a Georgia banking corporation ("Agreement"), to amend the Agreement in order to eliminate certain post-Closing obligations and to modify the Agreement in certain other respects.
Ordinances - (First
G. New Business
2. Requesting Administration provide City Council with a report on the status of our Hurricane Preparedness, including a report from Stormwater and our Recovery Plan from a substantial hurricane/tidal surge. (Councilmember Kennedy)
H. Council Committee Reports
1. Announcement of an Attorney-Client Session, to be held on Thursday, February 11, 2010 at 3:00 p.m., or as soon thereafter, in conjunction with the lawsuit styled Anthony Catron, et al vs. City of St. Petersburg Case No. 8:09CV923-T-17EAJ.
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
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.
Consent Agenda I
Consent Agenda II
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.
4. Authorizing the Mayor to pay, in accordance with U. S. Department of Housing and Urban Development regulations and applicable Federal statutes, a housing assistance and relocation payment to the tenant residing at 2365 - 8th Avenue South, St. Petersburg in Phase II of the Dome Industrial Park Plan an amount not to exceed $17,500.
5. Authorizing the Mayor to execute Amendment No. 2 to Task Order CID-09-01-BAP to the agreement between the City of St. Petersburg and Bermello Ajamil & Partners, Inc. in the amount of $70,000 for the development of financial and market demand analysis for each of the recommended reconstruction or replacement options as well as additional planning and public presentation services for the St. Petersburg Municipal Pier, for a total amount not to exceed $238,000. (Engineering Project No. 09227-019; Oracle No. 11988)
8. Approving a mutual aid agreement ("Agreement") between the City of St. Petersburg and the City of Tampa to extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations including, but not limited to, emergencies as defined under section 252.34, Florida Statutes and continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and authorizing the Mayor and Chief of Police to execute the Agreement.
10. Authorizing the Mayor to purchase under the Neighborhood Stabilization Program, one (1) bank-owned, foreclosed and unoccupied property located at 750 East Harbor Drive South, St. Petersburg, for the sum of $64,350; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the properties for an amount not to exceed $100,000 per property; 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; and to execute all documents necessary to effectuate same.
the Mayor to execute a First Amendment to the January 30, 2006 Property
Disposition Agreement with SunTrust Bank, a Georgia banking corporation
("Agreement"), to amend the Agreement in order to eliminate certain
post-Closing obligations and to modify the Agreement in certain other respects.
[Moved to Reports as E-7]
Note: An abbreviated listing of upcoming City Council meetings.
Budget, Finance & Taxation Committee
Thursday, February 11, 2010, 8:00 a.m., Room 100
Public Services & Infrastructure Committee
Thursday, February 11, 2010, 9:15 a.m., Room 100
CRA/Agenda Review (2/18/10)
Thursday, February 11, 2010, 1:30 p.m., Room 100
City Council Meeting
Thursday, February 11, 2010, 3:00 p.m., Council Chamber
Legislative Affairs & Intergovernmental Relations Committee
Thursday, February 18, 2010, 11:00 a.m., Room 100
Committee of the Whole
Thursday, February 18, 2010, 1:30 p.m., Room 100
City Elections in the Spring
American Recovery and Reinvestment Act/Energy Efficiency & Conservation Block Grant
Council Redistricting Process
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
6 Regular Members
(Terms expire 9/30/10 & 9/30/12)
1 Regular Member
(Term expires 12/31/12)
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 Alternate Members
(Terms expire 8/31/10 & 11/30/10)
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.