June 3, 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.

 


June 3, 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.          Awards and Presentations

1.         Proclamation recognizing June 5, 2010 as "Children's Miracle Network Day in St. Petersburg."

 

 
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2.         On Top of Your Game Awards Presentation.

 

 
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3.         Presentation recognizing American Idol finalist Michael Lynche.

 

 
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E.          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 1017-V 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.         Ordinance 978-G 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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3.         Ordinance 979-G 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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4.         Ordinance 980-G amending Sections 22-225 (b) and (d) and Sections 22-255 (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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5.         Ordinance 981-G 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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6.         Ordinance 983-G approving 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.

 

 
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6A        Approving a Substantial Amendment to the FY 2009/2010 Annual Action Plan to reduce the Home Investment Partnership Program ("HOME") funds currently available and allocated to Boley Centers, Inc. ("Boley") for The Tenant Based Rental Assistance Program by the amount of $167,816, and to increase the Affordable Multi-Family Rental Program funding amount by the corresponding $167,816; authorizing the Mayor to negotiate and provide a 0% interest acquisition and development loan in the amount of $239,549  from the Affordable Multi-Family Rental Program to Boley for implementation of Phase II of The Broadwater Place Apartments; authorizing the Mayor to submit said Substantial Amendment to the U.S. Department of Housing and Urban Development and to execute all documents necessary for implementation of this resolution. 

(There is a public hearing scheduled for Ordinance 982-G at 6:00 p.m., please see K-1.)

 

 

 
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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.

 

7.         Ordinance 074-HL 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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F.           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.         Pinellas County Charter Review Commission.  (Oral)

 

 
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4.         Quarterly Police Update.

 

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

Setting June 17, 2010 as the public hearing date for the following proposed Ordinance(s):

1.         Approving the vacation of the western 20-feet of Chancellor Street NE for approximately 390 feet, bordering 4510 and 4534 Chancellor Street NE.  (City File 10-33000005)

 

 
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2.         Amending the land use and zoning of an estimated 0.79 acre portion of a 4.6 acre parcel owned by Publix Super Markets, Inc., generally located at 1700 - 34th Street North.  (City File FLUM-8)

 

 
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(a)    Amending the Future Land Use Map designation for the east 80-feet (0.63 acres) from Residential Medium to Planned Redevelopment Mixed-Use and the west 20-feet (0.16 acres) from Residential Urban to Planned Redevelopment Mixed-Use.

(b)   Rezoning the east 80-feet (0.63 acres) from NSM-1 (Neighborhood Suburban Multi-Family) to CCS-1 (Corridor Commercial Suburban), or other less intensive use, and the west 20-feet (0.16 acres) from NS-1 (Neighborhood Suburban) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

H.          New Business

1.         Requesting the starting time for the City Council meeting on June 10, 2010 be changed to 2:30 p.m.  (Chair Curran)

 

 
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2.         Requesting to be appointed as a regular member of the Budget, Finance & Taxation Committee.   (Councilmember Kornell)

 

 
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3.         Appointing Council Member Steve Kornell to the Budget, Finance and Taxation (BFT)  Committee to fill the vacancy created by the resignation of Council Member Jeff Danner from the BFT Committee.

 

 
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I.             Council Committee Reports

1.         Co-Sponsored Events Committee.  (5/20/10)

 

 
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2.         Budget, Finance & Taxation Committee.  (5/27/10)

 

 
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3.         Public Services & Infrastructure Committee.  (5/27/10)

 

 
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4.         Housing Services Committee.  (5/27/10)

 

 
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(a)    Approving a Substantial Amendment to the FY 2009/2010 Annual Action Plan to reduce the Home Investment Partnership Program ("HOME") funds currently available and allocated to Boley Centers, Inc. ("Boley") for The Tenant Based Rental Assistance Program by the amount of $167,816, and to increase the Affordable Multi-Family Rental Program funding amount by the corresponding $167,816; authorizing the Mayor to negotiate and provide a 0% interest acquisition and development loan in the amount of $239,549  from the Affordable Multi-Family Rental Program to Boley for implementation of Phase II of The Broadwater Place Apartments; authorizing the Mayor to submit said Substantial Amendment to the U.S. Department of Housing and Urban Development and to execute all documents necessary for implementation of this resolution.  [Moved to Public Hearings as item #6A.]

5.         Committee of the Whole.  (5/27/10)

 

 
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J.            Legal

1.         Approval of a resolution regarding an interlocal agreement with the City of St. Petersburg Health Facilities Authority and relative to granting host community approval pursuant to Section 147(F) of the Internal Revenue Code of 1986, as amended, for St. John's County Industrial Development Authority Revenue Bonds (Presbyterian Retirement Communities Project), Series 2010, for the benefit of Presbyterian Retirement Communities, Inc. and certain other corporations affiliated with it.

 

 
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2.         Citywide Traditional Streetscape Preservation Policy Addition for Reconstructing and Resurfacing Existing Brick Streets and Alleys with Non-Brick Streets and Alleys.

 

 
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3.         Announcing an Attorney/Client Session.

 

 

 
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K.          Public Hearing (continuation) - 6:00 P.M.

1.         Ordinance 982-G creating Section 25-9 of the City Code with or without exceptions; providing that it shall be unlawful to engage in street vending.

 

 
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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, 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.

 

M.        Adjournment

Consent Agenda I



Consent Agenda A

June 3, 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 agreements for eight residential developers to design, build and market single family residential homes on city acquired parcels pursuant to the Neighborhood Stabilization Program (NSP) grant awarded to the City by the U.S. Department of Housing and Urban Development (HUD); and authorizing the Mayor or Mayor's designee to execute all documents necessary to effectuate these transactions at a cost not to exceed $1,540,000.

 

 
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Consent Agenda II



Consent Agenda B

June 3, 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 the bids and approving the award of three-year blanket purchase agreements to Aardvark Automation, Inc., RJH Technical Services, Inc. and TAW Engineered Services, Inc. for equipment inspection, service and parts for variable speed motor control systems for the Water Resources Department at an estimated annual cost of $150,000.

 

 
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2.         Accepting the bid and approving the award of a three-year blanket purchase agreement to Nite Owl Irrigation, Inc for irrigation system design, installation and repairs at an estimated annual cost of $150,000.

 

 
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3.         Accepting the bids and approving the award of three-year blanket purchase agreements to NGWAHL, LLC,  Anthony Munnerlyn d/b/a Philippians 4:13 Maintenance, Morelli Landscaping, Inc., and Jose Sanchez d/b/a Lawn Pride for grounds maintenance services at an estimated annual cost of $112,567.

 

 
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4.         Accepting a bid and approving the award of a one-year agreement with four one-year renewal options to G.A. Food Services of Pinellas County, Inc.  d/b/a G.A. Food Service, Inc. for the Summer Food Service Program for the Parks and Recreation Department at an estimated annual cost not to exceed $332,028 and authorizing the Mayor or Mayor's designee to execute all documents necessary to effectuate this transaction.

 

 
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(City Development)

5.         Accepting a U.S. Department of the Interior National Park Service ("NPS") grant in the amount of $25,000 ("Grant) for developing a master plan for Sunken Gardens and authorizing the Mayor or his designee to execute a NPS Agreement and all other documents necessary to effectuate the Grant.

 

 
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6.         A resolution rescinding City Council Resolution No. 2010-204 that authorized the Mayor to sell the surplus, improved City-owned property located at 644 - 16th Avenue South, St. Petersburg, to Theodoria L. Crawford; and authorizing the Mayor or his designee to sell the surplus, improved City-owned property located at 644 - 16th Avenue South, St. Petersburg, to Theodoria L. Crawford and Clarence Paul, Jr. for $67,500.

 

 
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7.         Authorizing the Mayor or his designee to execute a License Agreement with Community Health Centers of Pinellas, Inc. ("CHCP"), a Florida not-for-profit corporation, for nominal consideration, for the use of an unimproved City-owned parcel located at approximately 2180 - 13th Avenue South for parking vehicles during construction of CHCP's new Women's Health Center at the Historic Mercy Hospital/Johnnie Ruth-Clarke Health Center within the 22nd Street South Business District.

 

 
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(Leisure & Community Services)

8.         Authorizing the Mayor or his designee to accept a grant from the State of Florida Department of Education ("Department") in an amount not to exceed $426,163 for the City's Summer Food Program and to execute a grant agreement with the Department; and approving a supplemental appropriation of $426,163 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

 

 
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9.         Authorizing the Mayor or his designee to accept an Urban and Community  Forestry Grant ("Grant") from the Florida Department of Agriculture and Consumer Services, Division of Forestry ("Department") for tree reforestation and remediation in public rights-of-way in the Midtown area at a maximum reimbursement amount of $18,234; to execute an Urban and Community Forestry Grant Memorandum of Agreement with the Department; and to execute all other documents necessary to effectuate the Grant; approving a supplemental appropriation in the amount of $18,234 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues, to the Parks Department Horticulture Operations (510-2381), Midtown Tree Reforestation Project (tbd).

 

 
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(Public Works)

10.     Authorizing a modification to the project scope for the Pasadena master lift station to include a pipe cleaning apparatus requested by Treasure Island and St. Pete Beach who will pay for the requested apparatus; approving a supplemental appropriation of $85,000 from the unappropriated balance in the Water Resources Capital Project Fund (4003) to LST #61 Pasadena Master Rehab project (10978); providing for deposit of payments received from Treasure Island and St. Pete Beach reimbursing the City for installation costs into the Water Resources Capital Project Fund (4003).  change of scope for the Pasadena Master Lift Station Rehabilitation Project to include installation of a pipe cleaning apparatus for swab retrieval; appropriating the additional funds needed to purchase and install the system: $85,000; and authorizing the reimbursement of expenses associated with this portion of the work by the benefiting communities of St. Pete Beach and Treasure Island.

 

 
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11.     Authorizing the Mayor or his designee to execute annual Master Agreements and up to three (3) one-year options between the City of St. Petersburg and AECOM, Graham-Booth Landscape Architecture, and Wade Trim, Inc. for Miscellaneous Landscape Architectural Services for roadway, parks, engineering, and other Capital Improvement Projects.

 

 
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(Appointments)

12.     Confirming the appointment of Kathryn B. Howd and Elizabeth A. Kozlowski as regular members to the Public Arts Commission to fill unexpired four-year terms ending February 28, 2014 and April 30, 2013, respectively.

 

 
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13.     Confirming the appointment of Erin M. Hinton as a regular member to the Arts Advisory Committee to fill an unexpired three-year term ending September 30, 2010.

 

 
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14.     Confirming the appointment of Brad Bell as a regular member to the Commission on Aging to fill an unexpired three-year term ending December 31, 2010.

 

 
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15.     Confirming the appointment of James E. Mills as a regular member to the Social Services Allocations Committee to fill an unexpired three-year term ending September 30, 2012.

 

 
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16.     Confirming the appointment of Ellen Thompson and Natalie H. Oliver as regular members to the City Beautiful Commission to fill unexpired three-year terms ending December 31, 2011.

 

 
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(Miscellaneous)

17.     Authorizing the Mayor to execute the Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding (2010 - 2012) between the Tampa Bay Regional Domestic Security Task Force, comprised of the Florida Department of Law Enforcement, the Hillsborough, Pinellas, Polk and Pasco County Sheriffs' Offices, the Clearwater, Tampa and St. Petersburg Police Departments, and the City of St. Petersburg.

 

 
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18.     Approving minutes of the April 1, April 8 and April 15, 2010 City Council meetings.

 

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

 

 
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(a)    One (1) bank-owned, foreclosed and unimproved property located at 1500 - 14th Street South, St. Petersburg, for the sum of $8,910, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve 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 unimproved property located at 1514 -        14th Street South, St. Petersburg, for the sum of $8,910, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve 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 unimproved property located at 633 Newton Avenue South, St. Petersburg, for the sum of $6,435, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve 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.

(d)   One (1) bank-owned, foreclosed and unoccupied property located at 4633 - 9th Avenue South, St. Petersburg, for the sum of $9,900, 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.

(e)    One (1) bank-owned, foreclosed and unoccupied property located at 1801 - 40th Street South, St. Petersburg, for the sum of $24,750, 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.

End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

Council Workshop – Mahaffey Theater/Foundation & Florida Orchestra

Tuesday, June 1, 2010, 10:00 a.m., Room 100

 

 

 

Council Workshop – FY 2011 Operating Budget Follow Up

Thursday, June 3, 2010, immediately following the City Council Mtg., Room 100

 

 

Council Workshop – Digital Billboards

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

 

 

 

CRA/Agenda Review (6/17/10)

Thursday, June 10, 2010, 1:00 p.m., Room 100

 

 

Council Workshop – Police Department HQ Space Assessment

Thursday, June 10, 2010, immediately following Agenda Review, Room 100

 

 

City Council Meeting

Thursday, June 10, 2010, 2:30 p.m., Council Chamber

 

 

Council Workshop – Homeless Issues

Thursday, June 17, 2010, 1:00 p.m., Room 100

 

 

 

FY 2011 Budget Summit/Public Forum – 6:00 P.M.

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

 


 

 

Arts Advisory

1 Regular Member

(Term expires 9/30/10)

 

City Beautiful

3 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)

 

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.