March 4, 2010

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.

 


March 4, 2010

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.          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.         Proposed amendment to the Local Government Comprehensive Plan (LGCP).  (City File LGCP/CIE-2009)

 

 
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(a)    Ordinance 967-G amending the Comprehensive Plan to implement legislative requirements of Chapter 163, Part II, Florida Statutes, related to the annual update of the Capital Improvements Element.

2.         Ordinance 970-G providing for the sale and consumption of alcoholic beverages in a portion of Vinoy Park for an event to be held on April 9, 10 and 11, 2010; and providing exemptions from City Code Sections including but not limited to those Code sections dealing with alcoholic beverages being sold and consumed in City Parks.

 

 
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First Reading and First Public Hearing

Setting March 18, 2010 as the second reading and second public hearing date for the following proposed Ordinance:

3.         An Ordinance amending Section 16.40.090.3.9 regarding temporary parking lots in certain DC zoning districts by making lawfully existing parking lots east of Third Street illegal, providing for amortizing such parking lot uses and adding conditions to their continued use during the amortization period.

 

 
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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.

 

First Reading and First Public Hearings

Setting May 20, 2010 as the second reading and second public hearing date for the following proposed Ordinance(s).

4.         Amending the land use and zoning of an estimated 247.21 acre property generally located on the east side of Interstate-275 and bounded by Roosevelt Boulevard to the north, 102nd Avenue North (extended) to the south and 16th Street North to the east and approving a development agreement.  The subject property is generally referred to as the Toytown Landfill site.  (City File FLUM-5)

 

 
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(a)    Ordinance amending the Future Land Use Map designation from Recreation/Open Space (R/OS), Activity Center to Planned Redevelopment Mixed-Use (PR-MU), Activity Center.

(b)   Ordinance rezoning the above described property from NSE (Neighborhood Suburban Estate) to CCS-1 (Corridor Commercial Suburban), Activity Center, or other less intensive use.

(c)    Ordinance approving a Development Agreement.

(d)   Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

(e)    Resolution transmitting the proposed amendment for state, regional and county review, in accordance with Chapter 163, Florida Statutes.

5.         Amending the land use and zoning of a 8.08 acre property generally located on the northeast corner of 32nd Street North and 17th Avenue North.  (City File FLUM-6)

 

 
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(a)    Ordinance amending the Future Land Use Map designation from Industrial Limited to Planned Redevelopment Mixed-Use.

(b)   Ordinance rezoning the above described property from IS (Industrial Suburban) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

(c)    Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

(d)   Resolution transmitting the proposed amendment for state, regional and county review, in accordance with Chapter 163, Florida Statutes.

6.         Amending the land use and zoning of a 17.98 acre property generally located on the northeast corner of 9th Avenue and 66th Street North and approving a Development Agreement.  (City File FLUM-7)

 

 
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(a)    Ordinance amending the Future Land Use Plan designation from Institutional to Residential/Office General and Residential Medium.

(b)   Ordinance amending the Official Zoning Map from NS-2 (Neighborhood Suburban) to CRS-1 (Corridor Residential Suburban) and NSM-1 (Neighborhood Suburban Multi-Family), or other less intensive use.

(c)    Ordinance approving a Development Agreement.

(d)   Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

(e)    Resolution transmitting the proposed amendment for state, regional and county review, in accordance with Chapter 163, Florida Statutes.

PUBLIC HEARING

7.         Ordinance 075-HL approving the designation of the Detroit Hotel, located at 215 Central Avenue, as a local historic landmark. (City File HPC 09-04)  (Continued from the 2/4/2010 Council Meeting)

 

 
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(a)    February 4, 2010 Public Hearing Video.

(b)   Opponent Presentation.

(c)    Continuation of Public Hearing.  (Limited to individuals who did not speak at the February 4, 2010 Public Hearing.)

(d)   Continuation of the Quasi-Judicial Process.

E.          Reports

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

 

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

 

 
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3.         Tampa Bay Water Update.  (Councilmember Nurse) (Oral)

 

 
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4.         Tampa Bay Estuary.  (Councilmember Kornell) (Oral)

 

 
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5.         Accepting a bid from Griffin Contracting, Inc. to construct four new residential properties located at 861 18th Avenue South, 3443 17th Avenue South, 3645 17th Avenue South and 4676 11th Avenue South for a total cost of $440,905.10 under the Neighborhood Stabilization Program.

 

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

 

G.          New Business

1.         Requesting a report regarding the Police Department Pursuit Policy.  (Councilmember Kennedy)

 

 
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2.         Referring to the Public Services and Infrastructure Committee for review the use of stimulus funding for Citywide WIFI.  (Councilmember Kornell)

 

 
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H.          Council Committee Reports

1.         Legislative Affairs & Intergovernmental Relations Committee.  (2/18/10)

 

 
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(a)    Approving a transfer of $11,400 from the General Fund Contingency for memberships with the National League of Cities.

(b)   Resolution supporting legislation relating to the use of traffic infraction detection devices at intersections.

2.         Committee of the Whole.  (2/18/10)

 

 
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3.         Budget, Finance & Taxation Committee.  (2/25/10)

 

 
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4.         Joint Budget, Finance & Taxation and Public Services & Infrastructure Committee meeting.  (2/25/10)

 

 
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5.         Public Services & Infrastructure Committee.  (2/25/10)

 

 
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(a)    Resolution authorizing the Mayor to establish a limited amnesty program for certain special assessments which authorizes the Mayor upon payment of the principal amount due, to waive interest amounts owed and execute and record releases of special assessment liens in the public records, or to accept conveyance of certain property encumbered by special assessment liens.

6.         Housing Services Committee.  (2/25/10)

 

 
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(a)    Authorization to purchase, under the Neighborhood Stabilization Program, one (1) bank-owned, foreclosed and unoccupied property located at 4800 - 18th Avenue South, St. Petersburg, for the sum of $14,355, subject to the required Environmental Review Record ("ERR") report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the property for an amount not to exceed $100,000; 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.

I.             Legal

1.         Authorization to File Petition Challenging the Rule proposed by State of Florida, Department of Environmental Protection.

 

 
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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

March 4, 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.         Renewing a blanket purchase agreement with H & H Liquid Sludge Disposal, Inc., for sludge removal and disposal for the Water Resources Department at an estimated annual cost of $875,500  $906,100.

 

 
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(City Development)

2.         Approving a transfer of $2,480,000 from the unappropriated balance of the Community Redevelopment Districts Fund (1301) to the General Capital Improvement Fund  (3001); approving supplemental appropriations from the increase in the unappropriated balance of  the General Capital Improvement Fund resulting from this transfer, in the amount of $1,700,000 to the Intown West Streetscape Project (12718) and $780,000 to the Bayboro Harbor Streetscape Project (12719).

 

 
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Consent Agenda II



Consent Agenda B

March 4, 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.         Accepting a bid from Griffin Contracting, Inc. to construct four new residential properties located at 861 18th Avenue South, 3443 17th Avenue South, 3645 17th Avenue South and 4676 11th Avenue South for a total cost of $440,905.10 under the Neighborhood Stabilization Program.  [Moved to Reports as E-5]

 

 
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2.         Awarding a three-year blanket purchase agreement to DJ/PJ, Inc. d/b/a JW Appley & Son for belt press rollers, for the Water Resources Department at an estimated annual cost of $247,350.

 

 
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(City Development)

3.         Authorizing the Mayor to execute a Landlord's Consent and Lien Subordination Agreement to Messineo's Gourmet Market, Corporation, a Florida corporation, as subtenant of STP Redevelopment II, LTD, a Florida limited partnership ("STP"), as tenant under that certain Master Lease Agreement dated August 30, 1999 between the City of St. Petersburg and STP, and the Community Bank of Manatee, a Florida banking corporation.

 

 
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4.         Authorizing the Mayor to execute a thirty-six (36) month Lease Agreement with The Canterbury School of Florida, Inc., a Florida not-for-profit corporation, for the use         of an area outside the referendum approved leased premises.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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(Appointments)

5.         Confirming the appointment of Leah Colette Clendening and Deborah F. Scanlan as regular members to the Commission on Aging to fill unexpired three-year terms ending December 31, 2012.

 

 
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6.         Confirming the appointment of Beverly Mitlin as a regular member to the International Relations Committee to fill an unexpired three-year term ending December 31, 2011.

 

 
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7.         Confirming the appointment of Jeff Whitehead as an alternate member to the Committee to Advocate for Persons with Impairments to fill an unexpired three-year term ending December 31, 2011.

 

 
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8.         Confirming the appointment of Carol Hixson as a regular member to the Arts Advisory Committee to fill an unexpired three-year term ending September 30, 2012.

 

 
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(Miscellaneous)

9.         Authorizing the Mayor to execute modifications extending expiration dates of two existing Metropolitan Medical Response System ("MMRS") federally funded subgrant agreements (08-DS-65-08-62-02-365 and 09-DS-44-08-62-386) with the State of Florida, Division of Emergency Management; and to execute all documents necessary to effectuate this transaction.

 

 
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10.     Approving minutes of the November 16, November 23, December 3 and December 10, 2009 City Council meetings.

 

 
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11.     Authorizing the Mayor to purchase under the Neighborhood Stabilization Program, one (1) abandoned and unoccupied property in foreclosure located at 2037 - 12th Street South, St. Petersburg, for the sum of $26,730, subject to the required Environmental Review Record ("ERR") report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the property for an amount not to exceed $100,000; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act of 2008.

 

 
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End notes

 

 

 

 

 

 

 

 

 


 


Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, March 11, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, March 11, 2010, 9:15 a.m., Room 100

 

 

CRA/Agenda Review (3/18/10)

Thursday, March 11, 2010, 1:30 p.m., Room 100

 

 

EMS Committee

Thursday, March 11, 2010, immediately following Agenda Review 1:30 p.m., Room 100

 

 

City Council Meeting

Thursday, March 11, 2010, 3:00 p.m., Chamber

 

 

Committee of the Whole

Thursday, March 18, 2010, 1:00 p.m., Room 100

 

Waterfront Transportation & Parking

Mirror Lake Update

 

 

Council Workshop – Port Master Plan Update

Thursday, April 15, 2010, 1:30 p.m., Room 100

 

 

Council Workshop – Pier Task Force Update

Thursday, April 29, 2010, 2:00 p.m., Room 100


 

 

Arts Advisory

6 Regular Members

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

 

City Beautiful

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

1 Alternate Member

(Term expires 8/31/10)

 

 

 

 

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.