June 17, 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.
June 17, 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)
Awards & Presentations:
Ordinances - (First
Setting July 15, 2010 as the public hearing date for the following proposed Ordinance(s):
2. Approving a supplemental appropriation of $2,895 from the increase in the unappropriated balance of the General Fund resulting from remaining dollars from 13th Annual Florida Neighborhoods Conference to be used for the 14th Annual Florida Neighborhoods Conference.
3. Authorizing the Mayor, or his Designee, to execute a five (5) year license agreement with Arts Center Association, Inc. d/b/a Morean Arts Center, for an annual use fee of $50.00, to install 10 fence panels to display artwork on a portion of the City-owned Pinellas Trail Extension; and to execute all documents necessary to effectuate same.
5. Oil Spill Update. (oral) (To be heard at 3:00 pm or soon thereafter)
F. New Business
G. Council Committee Reports
(a) Resolution authorizing the Mayor or his designee to advertise the draft FY 2010/11 Annual Action plan and to execute all other documents necessary to effectuate this Resolution.
(b) Selecting Youth Services as the topic for the 2011 Management Evaluation.
(c) Fire Readiness Fee.
1. An Attorney-Client Session, pursuant to Florida Statute 286.011(8), will be held in conjunction with the lawsuit styled Dave McDonnell and Gail McDonnell v. City of St. Petersburg Case No. 07-2833-CI-13.
I. Public Hearings and Quasi-Judicial Proceedings - 6:00 P.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.
Setting July 15, 2010 as the second reading and second public hearing date for the following proposed Ordinance(s).
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.
(a) Ordinance 693-L 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) Ordinance 721-Z 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.
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
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.
On Thursday, June 17, 2010 at 3:00 p.m. or as soon thereafter as the same may be heard, an attorney-client session, pursuant to Florida Statute 286.011(8), will be held in conjunction with the lawsuit styled Dave McDonnell and Gail McDonnell v. City of St. Petersburg Case No. 07-2833-CI-13. Any or all of the following persons will be attending: Leslie Curran, Chair; Herbert E. Polson, Vice Chair; James Kennedy; Bill Dudley; Steve Kornell; Karl Nurse; Wengay "Newt" Newton; Jeff Danner; Mayor Bill Foster; John C. Wolfe, City Attorney; Mark A. Winn, Chief Assistant City Attorney; and Jeanne E. Hoffmann, Assistant City Attorney. The session will commence in City Council Chambers, 175 Fifth Street North, St. Petersburg, Florida. After the commencement of the session at the public meeting, the session will be closed and only those persons described above together with a certified court reporter will be allowed to be present. The subject matter of the meeting shall be confined to settlement negotiations and/or strategy related to litigation expenditures. At the conclusion of the session the meeting will be re-opened and the session will be terminated.
Consent Agenda I
Consent Agenda A
June 17, 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.
1. Awarding a contract to Custom Built Marine Construction, Inc in the amount of $701,710 for the City Port (Wharf) Structural Rehabilitation Phase 3 (Engineering Project Number 01072-317; Oracle Number 12111).
2. Authorizing the Mayor or his designee to execute Amendment No. 2 to Task Order No. 02-1-TBE to the Agreement between the City of St. Petersburg and CardnoTBE (formerly TBE Group, Inc.) in the amount of $215,080 to continue the implementation of the Remedial Action Plan (RAP) for the Atherton Oil Site located at 600 and 638 - 26th Street South, for a total task order cost of $831,052. (Engineering Project No. 04074-119; Oracle Nos. 10884 and C133242)
3. Authorizing the Mayor or his designee to ratify and approve Change Order No. 1 in the amount of $143,225.05 to the contract with Manhattan Construction Company for the construction of the SRI International Facility; approving a supplemental appropriation from the increase in the unappropriated balance of the Port Capital Projects Fund (4093), resulting from the SRI reimbursement, to the Port SRI Facility Project (11494). (Engineering Project No. 07061-119; Oracle No. 11494)
Consent Agenda II
Consent Agenda B
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.
1. Approving the qualifications of seven contractors for asbestos abatement services at an estimated annual cost of $196,000 and authorizing the Mayor or his designee to enter into agreements (blanket agreements) with the contractors.
4. Authorizing the Mayor or his designee to execute a Lease Agreement with Northwest Youth Baseball, Inc., a not-for-profit corporation, for the use of a restroom/concession stand/storage building within a portion of City-owned Northwest Park located at 5801 - 22nd Avenue North, St. Petersburg, for a period of three (3) years at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. Requires affirmative vote of at least six (6) members of City Council.
the Vision 2020 Special Area Plan (SAP) pertaining to the Planned Redevelopment
Mixed-Use Category. [Moved
to Reports as E-1]
(Leisure & Community Services)
a supplemental appropriation of $2,895 from the increase in the unappropriated
balance of the General Fund resulting from remaining dollars from 13th Annual
Florida Neighborhoods Conference to be used for the 14th Annual Florida
Neighborhoods Conference. [Moved to Reports as E-2]
7. Ordering local improvements to be made pursuant to Chapter 170, Florida Statutes, said local improvements to consist of paving the alley between 35th and 36th Avenues NE, from 1st to Bay Streets NE; declaring a special assessment; providing notice of Public Hearing; setting the Public Hearing date for August 5, 2010; approving a supplemental appropriation in the amount of $57,700 from the unappropriated balance of the General Capital Improvement Fund (3001) to the SAD alley paving between 35 & 36 A/NE project (12484). (Engineering Project No. 10002-110; Oracle No. 12484)
8. Rescinding an unencumbered appropriation in the Neighborhood & Citywide Infrastructure Capital Improvement Fund (3027) in the amount of $163,132 from the Arterial Channel E Dredge FY05 Project (10542), approving a supplemental appropriation in the amount of $163,132 from the increase in the unappropriated balance of the Neighborhood & Citywide Infrastructure Capital Improvement Fund (3027) resulting from the rescission to the Arterial Channel F Dredging Project (12738). (Engineering Project No. 10045-110; Oracle Project No. 12738)
9. Authorizing the Mayor or his designee to execute a five-year Interlocal Agreement with the Hillsborough County Health Department and the City of St. Petersburg, to provide laboratory services for the Healthy Beaches Program.
10. Authorizing the Mayor or his designee to execute a five-year Interlocal Agreement with the Pinellas County Health Department and the City of St. Petersburg, to provide laboratory services for the Healthy Beaches Program.
11. Authorizing the Mayor or his designee to execute a five-year Interlocal Agreement with the Pinellas County Health Department and the City of St. Petersburg, to provide laboratory services for the drinking water monitoring program.
12. Authorizing the Mayor or his designee to accept a Community Education Grant from the Southwest Florida Water Management District ("SWFWMD") in an amount up to $5,000 for funding the St. Petersburg Florida-friendly Landscape Community Education Project.
13. Approving a supplemental appropriation of $325,184 from the unappropriated balance of the Law Enforcement Trust Fund to the Police Department for the purchase of a Vetronics Crash Data Retrieval System, to pay a monetary award for the Illegal Gun Bounty Program, to allocate a budget for the Mounted Patrol Unit and the Crime Analysis Surveillance Enforcement ("C.A.S.E.") Unit, and to fund the Convenience Store Ordinance grant; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.
14. Authorizing the Mayor or his designee to accept a grant from the National Highway Traffic Safety Administration ("NHTSA") and the Florida Department of Transportation ("FDOT") in the amount of $50,000 to fund police department overtime costs for the purpose of conducting Pedestrian Safety Enforcement Campaign which includes operations to remind and educate both the drivers and pedestrians of safe driving and walking behaviors; to execute all documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $50,000 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Police Department, NHTSA and the FDOT Pedestrian Safety Enforcement Project (TBD).
15. Resolution extending the expiration date of the consultant agreement between the City of St. Petersburg and PB Americas, Inc. to September 30, 2011 for professional services related to the Downtown St. Petersburg Intermodal Facility Study.
16. Authorizing the Mayor to purchase under the Neighborhood Stabilization Program, one (1) bank-owned, foreclosed and unoccupied property located at 835 Queensboro Avenue South, St. Petersburg, for the sum of $19,701, 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.
the Mayor or his Designee to execute a five (5) year license agreement with
Arts Center Association, Inc. d/b/a Morean Arts Center, for an annual use fee
of $50.00, to install 10 fence panels to display artwork on a portion of the
City-owned Pinellas Trail Extension; and to execute all documents necessary to
effectuate same. [Moved
to Reports as E-3]
18. 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 the development of a local tree inventory system on parkland and on public rights-of-ways at a maximum reimbursement amount of $20,000; to execute an Urban and Community Forestry Grant Memorandum of Agreement with the Department; to execute all other documents necessary to effectuate the Grant; and approving a supplemental appropriation in the amount of $20,000 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), Tree Inventory System Project (TBD).
Note: An abbreviated listing of upcoming City Council meetings.
Budget, Finance & Taxation Committee
Thursday, June 10, 2010, 8:00 a.m., Room 100
Public services & Infrastructure Committee
Thursday, June 10, 2010, 9:15 a.m., Room 100
Arts Funding Committee
Thursday, June 10, 2010, 11:00 a.m., Room 100
City Council Meeting
Thursday, June 10, 2010, 12:00 p.m., Council Chamber (An Attorney Client Session will be held, at 12:00 noon, in conjunction with the lawsuit styled City of St. Petersburg v. Wachovia Bank et al, Case No. 8:10-CV-693-T30-TBM. The Session is projected to last approximately 1-1½ hours at which time the meeting will be recessed and reconvened at approximately 2:00-2:30 p.m.)
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
FY 2011 Budget Summit/Public Forum 6:00 P.M.
Wednesday, June 23, 2010, Council Chamber,
Council Vacation Weeks of June 28 and July 5, 2010
1 Regular Member
(Term expires 9/30/10)
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.