August 5, 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.

 


August 5, 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.         Ordinance 1019-V approving the vacation of 20th Avenue North between 29th Street North and 31st Street North, amending Ordinance 1007-V, by which the vacation was approved in 2009, having the effect of amending the legal description of the right-of-way being vacated.  (City File 09-33000001)

 

 
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2.         Ordinance 986-G authorizing encumbrances on the Albert Whitted Municipal Airport property in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, for receipt of a Federal Aviation Administration grant in an amount not to exceed $996,550 for the Taxiway D, Ramp and REILS project at the Airport; authorizing the Mayor to apply for and accept the Grant in an amount not to exceed $996,550; authorizing the Mayor to execute all documents necessary to effectuate this Ordinance; and approving supplemental appropriations from the increase in the unappropriated balance of the Airport Capital Improvement Fund (4033).

 

 
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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.

3.         Appeal of Development Review Commission (DRC) denial of a Special Exception and related site plan approval to construct a 150-foot monopole telecommunications tower on property located at 1045 - 16th Street South.  (City File 10-32000001 Appeal)

 

 
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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.         School Programs Update.

 

 
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4.         Dali Museum Update.

5.         Edward Remia, et al Case No. 2D09-4233/2D09-4444.

 

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

G.          New Business

1.         Requesting Administration offer early registration for Summer Play Camps beginning February 2011.  (Councilmember Newton)

 

 
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H.          Council Committee Reports

1.         Co-Sponsored Events Committee.  (7/15/10)

 

 
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2.         Budget, Finance & Taxation Committee.  (7/22/10 & 7/29/10)

 

 
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(a)    Resolution approving an amendment to the budget line item for the allocation to Westcare Gulf Coast - Florida, Inc. (Agency) contained in the City's FY 2009/2010 Annual Action Plan to authorize the Agency to change the scope of work from conducting interior renovations to the replacement of the roof on the Mustard Seed Inn located at 2510 Central Avenue; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

3.         Arts Funding Committee.  (7/22/10)

4.        

 

 
Public Services & Infrastructure Committee.  (7/29/10)

 

 
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(a)    Ordinance naming the community playground at the northeast intersection of 64th Street South and 5th Avenue South, "Royal 'Roy' Eden, Jr. Community Playground"; and amending Section 2-370 of Chapter 2, City Code.

5.         Housing Services Committee.  (7/29/10)

 

 
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6.         Committee of the Whole - Downtown Parking Update. (7/29/10)

 

 

 
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I.             Legal – 10:00 A.M.

1.         An Attorney-Client Session, pursuant to Florida Statute 286.011(8), in conjunction with the lawsuit styled City of St. Petersburg & Police Pension Board v. Edward Remia, et al Case No. 2D09-4233/2D09-4444.

 

 
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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

On Thursday, August 5, 2010 at 10:00 a.m., an attorney-client session, pursuant to Florida Statute 286.011(8), will be held in conjunction with the lawsuit styled City of St. Petersburg & Police Pension Board v. Edward Remia, et al Case No. 2D09-4233/2D09-4444. 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; Jane Wallace, Assistant City Attorney; and Jeanne 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 sessions related to litigation expenditures. At the conclusion of the session the meeting will be re-opened and the session will be terminated.

 

 
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Consent Agenda I


Consent Agenda A


August 5, 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.         Awarding five-year blanket purchase agreements to BGA, Inc., FPL Services LLC, and Energy Systems Group LLC for energy savings services for Public Works Administration at an estimated annual cost of $750,000.

 

 
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2.         Awarding a contract to Wharton-Smith, Inc. in the amount of $625,000 for the WRF NE Digester #1 Cover Replacement (Engineering Project Number 09047-211; Oracle Number 11694).

 

 
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3.         Awarding a blanket purchase agreement to J.H. Williams Oil Company, Inc. for marine grade gasoline, diesel fuel and motor oil for the Downtown Enterprise Facilities Department at an estimated annual cost of $600,100.

 

 
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(Public Works)

4.         Resolution finding that $6,300 is an amount sufficient to pay for trail maintenance of the North Bay Trail (Phase II B) Project ("Project") from 54th Avenue North to 78th Avenue North over its useful life of fifteen (15) years; authorizing a supplemental appropriation in the amount of $6,300 from the unappropriated balance of the General Fund to fund future trail maintenance required by the Local Agency Program Agreement ("Agreement") between the City of St. Petersburg, Florida ("City") and the State of Florida Department of Transportation ("FDOT"); providing that the maintenance funds will carry forward from year to year, 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 the Agreement shall not be considered an unlawful act under Florida Statute 166.241(3); authorizing the Mayor or his designee to execute the Agreement between the City and FDOT for participation by FDOT in the construction activities of the Project in an amount not to exceed $873,000; and authorizing a supplemental appropriation in the amount of $873,000 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Capital Projects Fund (3004), resulting from these additional revenues, to the North Bay Trail (Phase II B) Project (12773). 

 

 
(FDOT Financial Project No. 428019 1 58 01) (Engineering Project No. 09018-412; Oracle No. 12773)

Consent Agenda II


Consent Agenda B


August 5, 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.         Awarding a contract purchase agreement to Home Depot U.S.A., Inc. for maintenance, repair and operating supplies at an estimated annual cost of $210,000.

 

 
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2.         Renewing blanket purchase agreements with Sunbelt Sod & Grading Company and McCoy Sod and Landscaping, Inc. for sod at an estimated annual cost not to exceed $200,000.

 

 
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3.         Awarding a contract to Reynolds Inliner, LLC in the amount of $200,000 for the Cured-in-Place Stormwater Pipe Rehabilitation FY 2010. (Engineering Project No. 10034-110; Oracle No. 12546)

 

 
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4.         Accepting a proposal from the Florida Department of Management Services, a sole source supplier, for communications services through the State's CentraNet (CNET) program for the ICS Department at an estimated annual cost of $160,000.

 

 
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5.         Awarding a contract to Vinmar Waterproofing & Concrete Restoration, LLC in the amount of $154,975.40 for Bridge Repair FY 2009; rescinding an unencumbered appropriation in the Neighborhood & Citywide Infrastructure CIP Fund (3027) in the amount of $96,000 from the 157202 Kansas Ave/Grand Canal Project (10679); and approving a supplemental appropriation in the amount of $96,000 from the increase in the unappropriated  balance of the Neighborhood & Citywide Infrastructure CIP Fund (3027), resulting from the rescission, to the Bridge Recon/Load Testing FY09 Project (12063). (Engineering Project Number 09015-230; Oracle Number 12063)

 

 
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6.         Approving the purchase of electro-cardiograph monitors from Philips Electronics North America for the Fire and Rescue Department at a total cost of $127,817.10.

 

 
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7.         Awarding a purchase agreement to HD Supply Electrical, LTD. in the amount of $116,655 for a net increase of $5,050 for induction lighting.

 

 
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8.         Accepting a bid from Pro-Fit Development, Inc. to construct, under the Neighborhood Stabilization Program, one new residential property located at 3482 16th Avenue South for a total cost of $114,000.

 

 
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(City Development)

9.         Approving the plat of Pelham Manor No. 2 Partial Replat and Addition, generally located at the northwest corner of 20th Avenue North and 29th Street North.  (City File 09-20000007)

 

 
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10.     Approving the plat of Clam Bayou Preserve, Phase II, generally located south of 26th Avenue South and west of 38th Street South.  (City File 09-20000008)

 

 
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11.     Authorizing the Mayor or his designee to execute a Lease Agreement ("Lease") with BiPlane Rides, Inc., a Florida corporation, for the use of a fifty (50) square foot area of interior retail floor space on the first floor of the Galbraith Terminal Building at Albert Whitted Airport for a term of one (1) year with the option to renew the Lease for four (4) additional terms of one (1) year each.  (Requires affirmative vote of at least six (6) members of City Council.).

 

 
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12.     Authorizing the Mayor or his designee to execute an Amendment to Lease Agreement between the City of St. Petersburg and Aerial Banners North, Incorporated to allow for subleasing of its exclusive drop-off and pick-up area for aerial advertising banners at Albert Whitted Airport.  (Requires affirmative vote of at least six (6) members of City Council.).

 

 
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13.     Authorizing the Mayor or his designee to execute a First Amendment to Lease Agreement with the Lakewood Jr. Spartans Youth Association, Inc., a Florida not-for-profit corporation, to redefine the premises within City-owned 31st Street Sports Complex located at 4801 - 31st Street South, St. Petersburg and to add the Portable Classroom building to the existing premises. (Requires affirmative vote of at least six (6) members of City Council.).

 

 
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(Leisure & Community Services)

14.     Authorizing the Mayor or his designee to execute an agreement between the City and the School Board of Pinellas County, Florida, to provide school buses and drivers for City-sponsored field trips and to Before and Afterschool programs from August 17, 2010 through August 23, 2011, and all other documents necessary to effectuate this transaction.

 

 
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15.     Authorizing the Mayor or his designee to accept an Historic Preservation Small Matching Grant ("Grant") from the Florida Department of State, Division of Historical Resources ("Department") for the Endicott House Restoration Project at a maximum reimbursement amount of $50,000; to execute an Historic Preservation Grant Award Agreement and a Preservation Agreement with the Department; and to execute all other documents necessary to effectuate the Grant; approving a supplemental appropriation in the amount of $50,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001) resulting from these additional revenues to the Lake Maggiore/Boyd Hill FY08 Project No. 11756.

 

 
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16.     Authorizing the Mayor or his designee to accept an Historic Preservation Small Matching Grant ("Grant") from the Florida Department of State, Division of Historical Resources ("Department") for the Maximo Park Indian Midden Educational Sign Project at a maximum reimbursement amount of $5,000; to execute an Historic Preservation Grant Award Agreement with the Department; and to execute all other documents necessary to effectuate the Grant; approving a supplemental appropriation in the amount of $5,000 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Parks Maintenance Operations (510.2369), Maximo Park Indian Midden Sign Project (TBD).

 

 
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17.     Coordinated Child Care of Pinellas, Inc. ("CCC"):

 

 
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(a)    Accepting a grant from the Coordinated Child Care of Pinellas, Inc. in the amount of $69,831 for the 21st Century Community Learning Centers (21st CCLC) program located at the Walter Fuller Recreation Center; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; approving a supplemental appropriation of $69,831 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Parks and Recreation Department WF 21 CCLC FY10 Project.

(b)   Accepting a grant from the Coordinated Child Care of Pinellas, Inc. in the amount of $17,178 to provide Overlay Programs entitled TASCO Digital Photography On The Go; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; approving a supplemental appropriation of $17,178 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Parks and Recreation Department TASCO DPOTG 2 FY10 Project.

(c)    Accepting a grant from the Coordinated Child Care of Pinellas, Inc. in the amount of $8,731.01 to provide Overlay Programs entitled TASCO Digital Photography On The Go; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; approving a supplemental appropriation of $8,731.01 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Parks and Recreation Department TASCO DPOTG 1 FY10 Project.

(Public Works)

18.     Authorizing the Mayor or his designee to execute Amendment No. 1 to the Agreement between the City of St. Petersburg and Architects Design Group, Inc. in the amount of $104,183 for additional site evaluation and conceptual planning services for the Police Headquarters Space Needs Assessment project, for a total not to exceed amount of $192,091; and approving a supplemental appropriation in the amount of $150,000 from the unappropriated balance of the Public Safety Capital Improvement Fund (3025) to the New Police Station Assessments Project (12098).  (Engineering Project No. 09201; Oracle No. 12098)

 

 
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19.     Rescinding Resolution 2010-293 passed June 17, 2010, and 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 September 16, 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)

 

 
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(Appointments)

20.     Appointing Michael R. Roush as a regular member to the Civil Service Board to serve a three-year term ending June 30, 2013.

 

 
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21.     Appointing Shirley L. Rigo as a regular member, in the Realtor category, to the Code Enforcement Board to fill an unexpired three-year term ending December 31, 2012.

 

 
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22.     Confirming the appointment of Carol Mickett as a regular member to the Arts Advisory Committee to fill an unexpired three-year term ending September 30, 2010.

 

 
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(Miscellaneous)

23.     Authorizing the Mayor or his designee to accept $5,865.02 from Pinellas County ("County") as the City's share of the interest earned on the FY 2007 Edward Byrne Memorial Justice Assistance Grant ("JAG") for funding of law enforcement initiatives as set out in the County's grant application, and to execute all documents necessary to effectuate this transaction; approving a supplemental appropriation in the amount of $5,865.02 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Police Department, JAG 2007 Project (11863).

 

 
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24.     Approving a supplemental appropriation in the amount of $88,400 from the unappropriated balance of the Law Enforcement Trust Fund (1023), to the Police Department (140) for the purchase of a Facial Recognition Identification Systems and the corresponding maintenance agreements, digital cameras with memory cards, a Disk Array System, a Digital Multiplexer and Monitor, and a high speed scanner; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
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25.     Approving minutes of the May 6, May 13 and May 20, 2010 City Council meetings.

 

 
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End notes

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Committee of the Whole – Entertainment Criteria/Guidelines for Council Mini Meetings

Thursday, August 5, 2010, immediately following City Council Meeting, Room 100

 

 

 

 

Budget, Finance & Taxation Committee

Thursday, August 12, 2010, 8:00 a.m., Room 100

 

 

Public Services & Infrastructure Committee

Thursday, August 12, 2010, 9:15 a.m., Room 100

 

 

Arts Funding Committee

Thursday, August 12, 2010, 11:00 a.m., Room 100

 

 

City Council Meeting

Thursday, August 12, 2010, 3:00 p.m., Council Chamber

 

 

 

 

City Council Pier Workshop

Wednesday, August 18, 2010, 8:30 a.m., Room 100

 

 

 

 

 

 

 

 

 

FY 2011 Budget Public Hearings

Thursday, September 9 and September 23, 2010, 6:00 p.m., Council Chamber

 

 

 

 

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.