May 20, 2010

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. 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.

 


May 20, 2010

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)

          Awards & Presentations:   

1.       Presentation recognizing Blaine Krauss, Gibbs High School Senior, who has been selected as a presidential scholar.

2.       Presentation regarding Free Residential Mortgage Foreclosure Forum.

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

Setting June 3, 2010 as the public hearing date for the following proposed Ordinance(s):

1.         Approving the vacation of multiple rights-of-way in the block bound by 5th Avenue North, Dr. Martin Luther King Jr. Street North, 7th Avenue North and 14th Street North.  (City File 10-33000003)

 

 
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2.         Approving the designation of the Jones-Laughner Residence, located at 556 Beach Drive NE, as a local historic landmark.  (City File HPC 09-05)

 

 
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3.         Amending Section 22-131 (b) of the St. Petersburg City Code to extend the terms of office for trustees of the Board of Trustees of the Employees' Retirement System from three years to four years.

 

 
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4.         Amending Sections 22-190 (b) and (d) of the City of St. Petersburg City Code to extend the terms of Office for trustees of the Board of Trustees of the Firefighter's Pension Plan from two years to four years and to modify the trustee election procedure.

 

 
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5.         Amending Sections 22-225 (b) and (d) and Sections 22-225 (b) and (d) of the St. Petersburg City Code to extend the terms of office for Trustees of the Board of Trustees of the Police Officer's Pension Plan from two years to four years and to modify the trustee election procedure.

 

 
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6.         Amending Section 21-38 of the St. Petersburg City Code; allowing the consumption and sale of alcoholic beverages at certain City parks which have received a park permit from the City and which are approved by Resolution of the City Council; and allowing conditions to be placed on the permit.

 

 
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7.         Soliciting from a motor vehicle Ordinance.

 

 
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E.          Reports

1.         Tampa Bay Water Update.  (Councilmember Nurse)

 

 
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F.           New Business

1.         Referring to the Public Services & Infrastructure Committee the Landscaping Ordinance for discussion.  (Councilmember Nurse)

 

 
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G.          Council Committee Reports

1.         Committee of the Whole.  (5/6/10)

 

 
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(a)    Ordinance providing for the creation of a new Section 2-298 of the St. Petersburg City Code; providing that members of a City board, committee or commission may serve on more than one City board, committee or commission at a time; repealing all previous City Council Resolutions in conflict with this Ordinance.

2.         Budget, Finance & Taxation Committee.  (5/13/10)

 

 
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(a)    Resolution approving an amendment to the budget line item for the allocation to the Pinellas Association for Retarded Children ("PARC") contained in the City's FY2009/2010 Annual Action Plan ("Amendment") to change the address of the property on which improvements will be made with allocated funds; and authorizing the Mayor to execute all documents necessary to effectuate this Resolution.

(b)   Resolution approving new Audit Engagement Manager.

3.         Public Services & Infrastructure Committee.  (5/13/10)

 

 
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4.         Arts Funding Committee.  (5/13/10)

 

 
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5.         Legislative Affairs & Intergovernmental Relations Committee.   (5/20/10)

 

 
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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.         Confirming the Preliminary Assessment for Lot Clearing Number 1477.

 

 
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2.         Confirming the Preliminary Assessment for Building Securing Number 1139.

 

 
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3.         Confirming the Preliminary Assessment for Building Demolition Number 371.

 

 
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4.         Facilities Plan for Water Projects:

 

 
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(a)    Adopting a Facility Planning Document entitled 'Facilities Plan for Water Projects" (dated April 2010) as the planning document for the City’s water management system to be eligible for State Revolving Fund (SRF) low interest loans.

(b)   Authorizing the Mayor to apply for assistance from the State of Florida, State Revolving Fund (SRF) loan program for drinking water improvement projects identified in Phase I of the Facilities Plan for Water Projects (dated April 2010) and to execute the requested loan agreement documents for an amount not to exceed $3.0 million annually as provided for by the SRF, for projects estimated to cost $8.37 million and subject to the approval of the City Attorney and Director of Finance.

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.

 

5.         Ordinance 076-HL approving the designation of the Pace Residence, located at 705 - 16th Avenue NE, as a local historic landmark.  (City File 10-90300001)

 

 
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Second Reading and Second Public Hearings

6.         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 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 690-L 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 718-Z 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 972-G approving a Development Agreement.

7.         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 691-L amending the Future Land Use Map designation from Industrial Limited to Planned Redevelopment Mixed-Use.

(b)   Ordinance 719-Z rezoning the above described property from IS (Industrial Suburban) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

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

 

 
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(a)    Ordinance 692-L amending the Future Land Use Plan designation from Institutional to Residential/Office General and Residential Medium.

(b)   Ordinance 720-Z 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 973-G approving a Development Agreement.


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

May 20, 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.         Lake Maggiore Fire Station No. 8 Project:

 

 
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(a)    Awarding a contract to LEMA Construction & Developers, Inc.  in the amount of $1,547,000 for the construction of the new Lake Maggiore Fire Station No. 8; rescinding an unencumbered appropriation in the Public Safety and Capital Improvement Fund (3025) in the amount of $29,520 from the Lake Maggiore Fire Station 8 Project (11649); and approving the transfer of $29,520 from the increase in the unappropriated balance of the Public Safety and Capital Improvement Fund (3025), resulting from this rescission, to the Arts in Public Places Fund (1901). (Engineering Project No. 08232-018; Oracle No. 11649)

(b)   Authorizing the Mayor to execute Amendment No. 2 to Task Order No. CID-08-06-WJA to the agreement between the City of St. Petersburg and Wannemacher Jensen Architects, Inc. in the amount of $35,984 for architectural and engineering design services for the construction phase of the new Lake Maggiore Fire Station #8, for a total amount not to exceed $271,998.  (Engineering Project No. 08232-018; Oracle No. CP12041)

Consent Agenda II


 


Consent Agenda B

May 20, 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.         Northwest Water Reclamation Facility Reject Water Disposal Systems Improvements.  This Project is located at 7500 26th Avenue North.

 

 
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(a)    Awarding a contract to T.L.C. Diversified, Inc. in the amount of $493,620.00 for the construction of the WRF NW Reject Water Disposal Systems Improvements FY09 Project.  (Engineering Project Number 09054-111; Oracle Number 12608)

(b)   Authorizing the Mayor to execute Amendment No. 2 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 $39,976 for the NWWRF Reject Water Disposal Systems Improvements, services during construction.  (Engineering Project No. 09054-111; Oracle No. 12608)

2.         Renewing an agreement with Premier Chemicals, LLC, a sole source supplier, for wastewater odor control services for the Water Resources Department at an estimated annual cost of $490,000.

 

 
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3.         Renewing an agreement with Professional Staffing ABTS Inc., dba Able Body Labor and Lumea Staffing Inc. for temporary staffing for city-wide use at an estimated annual amount of $465,000.

 

 
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4.         Awarding two-year blanket purchase agreements to Bayside Building Services, Inc., Creative Homes of Central Florida, Inc., Dave Ulm Builders, Inc. and Grosz Construction Co., Inc. for building maintenance and securing of structures at an estimated annual cost of $410,000.

 

 
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5.         Renewing an agreement with Viewtech Financial Services, Inc. for management services for the toilet replacement program for the Water Resources Department at an estimated annual amount of $150,000.

 

 
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(City Development)

6.         Authorizing the Mayor to execute a License Agreement with Palmetto Park Crime Watch and Neighborhood Association, Inc., a Florida not-for-profit corporation, for the use of a surplus, unimproved City-owned parcel located at 2519 - 3rd Avenue South, St. Petersburg, as a "Community Garden" for a term of three (3) years for nominal consideration.

 

 
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(Public Works)

7.         Resolution finding that $2,100 is an amount sufficient to pay for the maintenance of the Pinellas Trail Traffic Control Project ("Project") improvements over its useful life of 15 years; authorizing a supplemental appropriation in the amount of $2,100 from the unappropriated balance of the General Fund for future trail crossing maintenance required by the Local Agency Program Agreement between the City of St. Petersburg, Florida ("City"), and the State of Florida Department of Transportation ("FDOT") dated April 15, 2009 ("Agreement"); providing that the maintenance funds will carry forward from year to year and shall not need annual re-appropriations and shall be considered encumbered for the useful life of the Project with only authorized expenditures from that project being for maintenance of the trail improvements of the project; finding that execution of Supplement No. 1 to the Agreement for participation by FDOT in the project shall not be considered an unlawful act under Florida Statute 166.241(3); authorizing the Mayor to execute Supplement No. 1 to the agreement for the construction activities of the Project in an amount not to exceed $250,600 for a total project cost not to exceed $281,177; authorizing a supplemental appropriation in the amount of $21,600 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Capital Improvements Fund (3004) resulting from these additional revenues, to the Pinellas Trail Traffic Control Project

 

 
(12368).   (FDOT Financial Project No. 424532-3-58-01) (Engineering Project No. 09045-112; Oracle No. 12368)

(Appointments)

8.         Confirming the reappointment of Mary Anna Murphy and Lisa M. Everett, to serve four-year terms ending February 28, 2014, and confirming the reappointment of John E. Schloder, to serve a four-year term ending April 30, 2014, as regular members to the Public Arts Commission.

 

 
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(Miscellaneous)

9.         Approving minutes of the March 11 and March 18, 2010 City Council meetings.

 

 
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10.     Authorizing the Mayor to purchase the following properties under the Neighborhood Stabilization Program:

 

 
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(a)    One (1) bank-owned, foreclosed and unoccupied property located at 1416 - 14th Street South, St. Petersburg, for the sum of $19,800, subject to the required Environmental Review Record 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.

(b)   One (1) bank-owned, foreclosed and unoccupied property located at 1835 and 1835½ - 13th Avenue South, St. Petersburg, for the sum of $19,800, subject to the required Environmental Review Record 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.

(c)    One (1) bank-owned, foreclosed and unoccupied property located at 1919 Melrose Avenue South, St. Petersburg, for the sum of $20,790, subject to the required Environmental Review Record 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.

11.     Authorizing the Mayor to execute a modification to reinstate and extend the expiration date of the existing Metropolitan Medical Response System ("MMRS") federally funded subgrant agreement (08-DS-65-08-62-02-365) with the State of Florida, Division of Emergency Management; and to execute all documents necessary to effectuate this transaction.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

 

Council Workshop – FY 2011 Operating Budget

Tuesday, May 25, 2010, 8:00 a.m. – 5:00 p.m., Room 100

 

 

Budget, Finance & Taxation Committee

Thursday, May 27, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, May 27, 2010, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, May 27, 2010, 10:30 a.m., Room 100

 

 

CRA/Agenda Review (6/3/10)

Thursday, May 27, 2010, 1:30 p.m., Room 100

 

 

Committee of the Whole – Agenda, Deadlines, Council Committees

Thursday, May 27, 2010, following Agenda Review at approx. 2:00 p.m., Room 100

 

Council Workshop – Digital Billboards

Thursday, June 3, 2010, 2:00 p.m., Room 100

 

 

 

 

 

 

FY 2011 Budget Summits/Public Forums – 6:00 P.M.

Wednesday, June 23, 2010, Council Chamber, 175 Fifth Street North

 


 

 

Arts Advisory

2 Regular Members

(Terms expire 9/30/10)

 

City Beautiful

5 Regular Members

(Terms expire 12/31/10, 12/31/11 & 12/31/12)

 

Code Enforcement Board

2 Regular Members (Architect and Realtor  categories)

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

 

 

 

Commission on Aging

1 Regular Member

(Term expires 12/31/10)

 

Nuisance Abatement Board

1 Alternate Member

(Term expires 8/31/10)

 

Public Arts Commission

2 Regular Members

(Terms expire 4/30/13 & 2/28/14)

 

 

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.