May 5, 2011
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.
May 5, 2011
A. Meeting Called to Order and Roll Call.
Invocation and Pledge to the Flag of the
B. Approval of Agenda with Additions and Deletions.
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.
C. Consent Agenda (see attached)
D. Public Hearings and Quasi-Judicial Proceedings - 9:00 AM
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.
of Development Review Commission (DRC) approval of a site plan to construct a
12-story residential building with 10 dwelling units with a variance to the
distance between buildings, located at 145 - 4th Avenue NE. (City File
4. Requesting approval of an agreement with (2) one-year renewal options between the City of St. Petersburg and the Competitor Group, Inc. for a Rock 'n' Roll Marathon Series running event to be held in St. Petersburg beginning in February, 2012. Requesting approval of an agreement with (2) one-year renewal options between the City of St. Petersburg and Competitor Group, Inc. for a Rock 'n' Roll Marathon Series running event to be held in St. Petersburg beginning in February 2012; and providing an update on the Women's Running Magazine Half Marathon and other related matters.
Ordinances - (First
G. New Business
H. Council Committee Reports
(a) Resolution approving the applications for Co-Sponsored Event Status in name only for Active Endeavors, Inc. ("Active") for an event entitled Adult Mud Wars to be held July 16, 2011 in Spa Beach Park from 9:00 a.m. to 5:00 p.m, and Suncoast Law Enforcement Charities, Inc. ("Suncoast") for an event entitled Inaugural Police Appreciation Run to be held May 15, 2011 in North Straub Park and the streets of St. Petersburg from 7:00 a.m. to 11:00 a.m. in accordance with City Council Resolution No. 2000-562, 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 Active and Suncoast; waiving the fee established by City Council Resolution No. 2009-353 for Suncoast; waiving City Council Resolution No. 2000-562(a)8 as to Active; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.
(a) Resolution accepting the proposal and approving the award of an agreement to Mayer Hoffman McCann PC - KRMT Tampa Bay Division for external audit services; authorizing the Budget, Finance and Taxation Chair to negotiate and finalize an agreement with Mayer Hoffman McCann PC - KRMT Tampa Bay Division; providing that the final agreement shall be presented to the Budget, Finance And Taxation Committee and brought before City Council for approval; providing for report back to Budget, Finance and Taxation Committee if final agreement is not reached.
I. Legal - 11:00 a.m.
J. Open Forum
On Thursday, May 5, 2011 at 11:00 a.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 City of St. Petersburg v. Wachovia Bank et al Case No. 8:10-CV-693-T30-TBM. Any or all of the following persons will be attending: James Kennedy, Chair, Karl Nurse, Vice Chair, Herbert E. Polson, Bill Dudley; Leslie Curran, Steve Kornell; Wengay "Newt" Newton; Jeff Danner; Mayor Bill Foster; John C. Wolfe, City Attorney; Mark A. Winn, Chief Assistant City Attorney; Jacqueline M. Kovilaritch, Assistant City Attorney, and Robert R. Marcus, of the Smith Moore Leatherwood LLP law firm. 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
May 5, 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.
(a) Awarding a contract to All American Concrete, Inc. in the amount of $2,062,531.20 for the Clam Bayou Shared Use Trail - Phase 2 Project. (Engineering Project No 07075-112; Oracle No. 11567 and 12592), (FPN 422721 1 38/58 01)
(b) Authorizing the Mayor or his designee to execute Supplement No. 2 to the Local Agency Program Agreement executed on May 30, 2007, between the City of St. Petersburg, Florida and the State of Florida Department of Transportation; in an amount not to exceed $1,477,170, for the balance of construction activities of the Clam Bayou Trail - Phase II Project ("Project"); and authorizing a supplemental appropriation in the amount of $1,477,170 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Capital Projects Fund (3004), resulting from these additional revenues, to the Clam Bayou Phase II Project (11567. (FPN 422721 1 38/58 01) (Engineering Project No. 07075-112; Oracle No. 11567 and 12592)
2. Authorizing the Mayor or his designee to purchase the fee simple interest in property, as described herein, from Peninsula Motor Club, Inc., a wholly-owned subsidiary of AAA Auto Club South, Inc., for $1,000,000; and to pay closing related costs not to exceed $20,000.
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.
2. Approving annual blanket purchase agreements with Helena Chemical Company; Winfield Solutions, LLC dba ProSource One; Univar USA Inc. and four other vendors for herbicides and pesticides at an estimated annual amount of $270,000.
4. Awarding two-year blanket purchase agreements to Playcore Wisconsin, Inc., Playpower LT Farmington, Inc., Miller Recreation Equipment and Design, Inc., Alpha Playground Services, Inc., Rep Services, Inc. and Playmore West, Inc. for play structures and safety surfacing for the Parks and Recreation Department at an estimated annual cost of $250,000.
5. Approving the second one-year renewal option of an agreement with Elgin Sweeper Company for the purchase of new and refurbished street sweepers and parts; approving the purchase of one new street sweeper for the Fleet Management Department at a total cost of $197,765; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.
6. Renewing blanket purchase agreements with the Times Publishing Co., d/b/a St. Petersburg Times, Media General Operations, Inc., d/b/a The Tampa Tribune, and The Weekly Challenger Inc. for newspaper advertisements at an estimated annual cost of $177,000.
9. Resolution finding that payment of all closing related costs, including documentary stamps, for acquisition of the property described herein serves a City purpose; authorizing the Mayor or his designee to purchase one (1) vacant parcel located on the northwest corner of 25th Street South and 7th Avenue South, St. Petersburg, Florida for the sum of $177,500; and to pay all closing related costs, including documentary stamps, not to exceed $5,000.
10. Resolution finding that payment of all closing related costs, including documentary stamps, for acquisition of the property described herein serves a City purpose; authorizing the Mayor or his designee to purchase the fee interest in two (2) unimproved parcels located at approximately 1805 - 18th Avenue South and approximately 1773 - 18th Street South, St. Petersburg, between the Tangerine Avenue and 16th Street South community redevelopment areas to facilitate future development for the aggregate sum of $75,000; and to pay closing related costs, including documentary stamps, not to exceed $10,000.
(Leisure & Community Services)
11. Authorizing the Mayor or his designee to execute an agreement between the City and the School Board of Pinellas County, Florida to allow for the shared use of facilities from June 1, 2011 through May 31, 2016.
12. Authorizing the Mayor or his designee to execute a one-year contract extension and increase to the contract amount with Reynolds Inliner, LLC in the amount of $240,000 for the Cured in Place Stormwater Pipe Rehabilitation - FY 2010 Project, for a total contract amount of $440,000. (Engineering Project No. 10034-110; Oracle No. 12546 and 12865)
13. Confirming the levy of special assessments in the total amount of $44,780.40 for the paving of the alley between 35th and 36th Avenues NE from 1st to Bay Streets NE; and approving the final assessment roll of the special assessments on the abutting properties for the cost of the paving. (Engineering Project No. 10002-110; Oracle No. 12484)
Note: An abbreviated listing of upcoming City Council meetings.
Consolidated Plan Review Committee
Tuesday, May 10, 2011, 8:00 a.m., Room 100
FY12 CIP Budget Workshop
Tuesday, May 10, 2011, 1:00 p.m., Room 100
Budget, Finance & Taxation Committee
Thursday, May 12, 2011, 8:00 a.m., Room 100
Public Services & Infrastructure Committee
Thursday, May 12, 2011, 9:15 a.m., Room 100
Arts Funding Committee
Thursday, May 12, 2011, 11:00 a.m., Room 100
CRA/Agenda Review & Administrative Updates (May 19, 2011)
Thursday, May 12, 2011, 1:30 p.m., Room 100
City Council Meeting
Thursday, May 12, 2011, 3:00 p.m., Council Chamber
Fiscal Year 2012 Budget Summits 6:00 p.m.
Wednesday, May 18, 2011,
Committee of the Whole
Thursday, May 19, 2011, 1:00 p.m., Room 100
Fiscal Year 2012 Budget Summits 6:00 p.m.
Wednesday, June 22, 2011,
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 land use cases, the Owner bears the burden of proof except in cases initiated by the City, 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 followed by the Appellant, if different. If Appellant and Applicant are different entities then each is allowed the allotted time for each part of these procedures. 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. If there is an Appellant who is not the Applicant, then no Opponent is allowed.
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 appropriate witness. 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.