February 17, 2011

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.

 


February 17, 2011

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.

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.

C.          Consent Agenda (see attached)

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

Setting March 3, 2011 as the public hearing date for the following proposed Ordinance(s):

1.         Ordinance in accordance with Section 1.02(c)(5)A, St. Petersburg City Charter, authorizing the Mayor to accept a Florida Department of Environmental Protection Land and Water Conservation Fund Grant ("Grant") in  the amount of $150,000 for improvements to Grandview Park; authorizing the restrictions contained in the Project Agreement which require that the City execute and record a notice of limitation of use/site dedication, or such other appropriate document, that dedicates the land developed with grant assistance ("Project Site") and all land within the project boundaries in perpetuity as an outdoor recreation site for the use and benefit of the public ("Dedication") subject to federal and state rules for conversion of the Project Site; authorizing the Mayor or his designee to execute and record the Dedication in the public record and to execute the Project Agreement and all other documents necessary to effectuate this ordinance; approving a supplemental appropriation in the amount of $150,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the Grandview Park Improvements Project (12560).

 

 
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E.          Reports

1.         Update from the Florida Orchestra. (Council Chair Kennedy)

 

 
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2.         Tampa Bay Estuary Program.  (Oral) (Councilmember Kornell)

 

 
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3.         Tampa Bay Regional Planning Council.  (Oral) (Councilmember Newton)

 

 
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4.         Awarding a blanket purchase agreement to Sweetwater Environmental, Inc. for sludge removal and disposal for the Water Resources Department at an estimated annual cost of $845,700.

 

 
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5.         Awarding a three-year blanket purchase agreement to Piper Fire Protection, Inc. for fire suppression equipment and maintenance services at an estimated cost of $139,000.

 

 
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6.         Renewing an agreement with Pinellas County Urban League, Inc. for management of the youth workplace readiness program for the Human Resources Department in the amount of $34,850.

 

 
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F.           New Business

1.         Requesting City Council schedule a Committee of the Whole to discuss issuing a Request for Proposal for the Manhattan Casino.  (Councilmember Nurse)

 

 
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2.         Referring to the Public Services & Infrastructure Committee for discussion a proposal to allow "Pedibus" Operation in portions of downtown. (Councilmember Nurse)

 

 
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3.         Exploring the feasibility of keeping the Pier Aquarium in downtown St. Petersburg. (Councilmember Curran)

 

 
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4.         Requesting a report from Staff on the possibility of offering the Raymond James Company the opportunity to build their new IT office on the 15 acres of land the City owns directly across from the Manhattan Casino.  (Councilmember Kornell)

 

 
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5.         Referring to the Public Services & Infrastructure Committee for discussion the Sunshine City Solar Purchasing Co-op.  (Councilmember Nurse)

 

 
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G.          Council Committee Reports

1.         Legislative Affairs & Intergovernmental Relations Committee.  (2/3/11)

 

 
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2.         Budget, Finance & Taxation Committee. (2/10/11)

 

 
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3.         Public Services & Infrastructure Committee.  (2/10/11)

 

 
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(a)    Resolution restating the City-wide traditional streetscape preservation policy; adding review by the Community Preservation Commission; and superceding all other resolutions on this topic.         

(b)   Resolution approving six Neighborhood Partnership Grant Applications; authorizing the Mayor or his designee to execute agreements and all other documents necessary to effectuate completion of these Neighborhood Partnership Grant Projects; and approving a supplemental appropriation of $6,200 from the unappropriated balance of the General Capital Improvement Fund resulting from these additional revenues provided to satisfy contractual matching requirements.

4.         Arts Funding Committee.  (2/10/11)

 

 
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(a)    Resolution extending the existence of the Council Arts Funding Committee to discuss, research and evaluate alternative ways to fund art and cultural programs in St. Petersburg.

5.         Co-Sponsored Events Committee.  (2/10/11)

 

 
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(a)    Resolution in accordance with City Code Section 21-38(d) exempting Festivals of Speed, Funk Fest and the Tampa Bay Blues Festival 2011 from the restrictions in City Code Section 21-38 (d) on the issuance of a permit for alcoholic beverages (for on premises consumption only) to be sold, served, dispensed, possessed, used and/ or consumed in: 1) North Straub Park for the Festivals Of Speed to be held April 2 - 3, 2011 between the hours of 10:00 a.m. and 5:00 p.m. on Saturday, April 2 and Sunday, April 3; 2) Vinoy Park for Funk Fest to be held April 2 - 3, 2011 between the hours of 10:00 a.m. to 10:00 p.m. on Saturday, April 2 and Sunday, April 3; and 3) Vinoy Park for the Tampa Bay Blues Festival 2011 to be held April 8 - 10, 2011 between the hours of 11:00 a.m and 10:00 p.m. on Friday, April 8, Saturday, April 9 and Sunday, April 10.

(b)   Resolution waiving the requirements of City Council Resolution No. 2000-562(a) 8 for the St. Petersburg Caribbean Carnival 2011, a Co-Sponsored Event to be presented by Cultures United Foundation, Inc. on June 11 - 12, 2011 in Vinoy Park; authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

(c)    Resolution approving the applications  for Co-sponsored Event Status in name only for All Phases Event Group, LLC ("All Phases") for an event entitled Cuervo Games to be held June 18, 2011 in Vinoy Park from 11:00 a.m. to 10:00 p.m, and  Endurance Magazine, LLC ("Endurance") for an event entitled Ramblin' Rose Women-Only Triathlon Series to be held on a date to be determined In Fiscal Year 2012 at North Shore Aquatic Pool and Vinoy  Park from 5:30 a.m. to 2:20 p.m. in accordance with City Council Resolution 2000-562 (d), as amended;  provided all City fees are paid 10 days prior to the event taking place; waiving the six month requirement of Section "D" of City Council Resolution No. 2000-562, as amended, as to All Phase; waiving City Council Resolution No. 2000-562(a) 8 as to All Phase and Endurance; authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

 

H.          Legal

1.         Resolution in support of Senate Bill 0782 and House Bill 0601 designating State Road 687 in Pinellas County as Sgt. Thomas J. Baitinger and Officer Jeffrey A. Yaslowitz Memorial Highway.

 

 

 
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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 1487.

 

 
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2.         Confirming the preliminary assessment for Building Demolition Number 379.

 

 
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3.         Confirming the preliminary assessment for Building Securing Number 1148.

 

 
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4.         Ordinance 1010-G amending Section 21-38 of the St. Petersburg City Code; allowing the consumption and sale of alcoholic beverages at the St. Petersburg Tennis Center in connection with the use or operation of that facility; and making other corrections.

 

 
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5.         Resolution approving a Substantial Amendment to the FY 2010-2011 Annual Action Plans to add a new Neighborhood Stabilization Program ("NSP3") with $3,709,133 in funding to be allocated to the City by the U.S. Department of Housing and Urban Development ("HUD"); authorizing the Mayor or his designee to submit the Substantial Amendment to the HUD and to execute all documents necessary to implement the amendment.

 

 
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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.

 

6.         Appeal of Development Review Commission (DRC) denial of a Special Exception and related site plan approval to convert an existing building to a social service use for short-term housing located at 400 - 23rd Street South. (City File 10-32000006 Appeal)

 

 

 
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J.            Open Forum

 

 

K.          Adjournment

Consent Agenda I


Consent Agenda A


February 17, 2011

 

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 a blanket purchase agreement to Sweetwater Environmental, Inc. for sludge removal and disposal for the Water Resources Department at an estimated annual cost of $845,700.  [Moved to Reports as E-4]

 

 
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Consent Agenda II


Consent Agenda B


February 17, 2011

 

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 three-year blanket purchase agreement to Piper Fire Protection, Inc. for fire suppression equipment and maintenance services at an estimated cost of $139,000.  [Moved to Reports as E-5]

 

 
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2.         Renewing an agreement with Pinellas County Urban League, Inc. for management of the youth workplace readiness program for the Human Resources Department in the amount of $34,850.  [Moved to Reports as E-6

 

 
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(City Development)

3.         Approving a supplemental appropriation, for the purchase of two replacement digital video recorders/players, in the amount of $40,014.60 from the unappropriated balance of the Technology and Infrastructure Fund (5019) to the Marketing and Communications Department, Television Division (230.1757).

 

 
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4.         Approving the 2010 Annual Report for the Carillon Development of Regional Impact (DRI).

 

 
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5.         Resolution rescinding Resolution No. 2010-136 that authorized the Mayor or his designee to grant Florida Power Corporation, d/b/a Progress Energy Florida, Inc., a Florida Corporation, a ±26,535 square foot Perpetual Easement for housing an existing 115KV underground transmission line and associated underground electrical improvements within existing and proposed rights-of-way; and authorizing the Mayor or his designee to grant a ±20,860 square foot Underground Transmission Easement just north of the intersection of Gandy Boulevard and 16th Street North to Florida Power Corporation d/b/a Progress Energy Florida, a Florida Corporation; and to pay closing related costs not to exceed $200.

 

 
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6.         Accepting a Grant from the Florida Sports Foundation of up to $76,000 for the 2011 St. Petersburg Spring International Baseball Tournament; and approving a supplemental appropriation of $76,000 in the Special Projects General Fund (0003), Al Lang - Naimoli Maint. FY 11 Project (13101).

 

 
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(Community Enrichment)

7.         Approving the City's Local Housing Assistance Plan ("LHAP") for the period 1-1-2011 through 12-31-2014 that authorizes the re-programming of grant funding and program income in the amount of $381,825.70 that was provided by the Housing Finance Authority of Pinellas County ("HFA") for the City's Local Housing Trust Fund Program; authorizing the Mayor or his designee to submit the LHAP to HFA and to execute all documents necessary to effectuate this transaction.

 

 
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(Miscellaneous)

8.         Approving minutes of the December 9 and December 16, 2010 City Council meetings.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, February 10, 2011, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, February 10, 2011, 9:15 a.m., Room 100

 

Arts Funding Committee

Thursday, February 10, 2011, 11:00 a.m., Room 100

 

 

Co-Sponsored Events Committee

Thursday, February 10, 2011, 1:00 p.m., Room 100

 

 

CRA/Agenda Review & Administrative Updates

Thursday, February 10, 2011, 1:30 p.m., Room 100

 

 

City Council Meeting

Thursday, February 10, 2011, 3:00 p.m., Council Chamber

 

 

City Council Workshop – Pier (with consultant)

Thursday, February 17, 2011, 10:00 a.m., Room 100

 

 

City Council Workshop – Mirror Lake Complex Update

Thursday, February 24, 2011, 2:00 p.m., Room 100

 

 

Committee of the Whole

Thursday, March 3, 2011, immediately following the City Council Meeting, Room 100

 

 

City Council Workshop – Downtown Waterfront Master Plan Scope Discussion

Thursday, March 17, 2011, 10:00 a.m., Room 100

 

 

 

 

City Beautiful

6 Regular Members

(Terms expire 12/31/11, 12/31/12 & 12/31/13)

 

Commission on Aging

1 Regular Member

(Term expires 12/31/13)

 

 

International Relations Committee

2 Regular Members

(Terms expire 12/31/13)

 

Nuisance Abatement Board

4 Regular and Alternate Members

(Terms expire 8/31/12, 11/30/12, 12/31/12 & 12/31/13))

 

 

 

 

 

End notes for Quasi (delete if unneeded)

 

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.