March 15, 2012
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.
March 15, 2012
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.
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 April 5, 2012 as the public hearing date for the following proposed Ordinance:
1. Approving the vacation of the 16-foot wide, L-shaped alley and the abutting three-foot wide east-west utility easements in the block bound by 34th Street North, 35th Street North, 5th Avenue North and Dartmouth Avenue North. (City File 11-33000017)
1. BayWalk Update (Oral) [To be heard at 4:45 p.m.]
(a) Resolution recognizing the 50th Anniversary of the Tampa Bay Regional Planning Council 1962 -2012.
F. New Business
2. Referring to the Budget, Finance and Taxation Committee for discussion weekly home rentals and potential registration and inspection fees needed to regulate these enterprises. (Councilmember Nurse)
G. Council Committee Reports
(a) Resolution authorizing the acceptance of the property insurance coverage proposal submitted by Brown and Brown, Inc.
(a) Resolution approving the creation of an arts alliance; and recommending that revenue sources for the arts be discussed at the future City Council Workshop regarding revenue generation.
1. An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard at 4:00 p.m., or soon thereafter, in conjunction with the lawsuit styled City of St. Petersburg v. Wachovia Bank et al Case No. 8:10-CV-693-T30-TBM.
I. Public Hearings and Quasi-Judicial Proceedings - 6:00 PM
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.
4. Ordinance 1033-V approving a vacation of a portion of 2nd Avenue North, lying 50 feet west of 16th Street North and 200 feet east of 17th Street North and modifying the legal description of City Ordinance 1024-V approved on April 7, 2011. (City File 10-33000017)
5. Ordinance 17-H providing for the sale and consumption of beer, wine and other alcoholic beverages in Williams Park on March 31, 2012; and April 28, 2012 for the Co-Sponsored Events known as Saturdays in the Park Concerts on those dates.
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. Amending the land use and zoning of an estimated 2.05 acre subject property generally located on the west side of 66th Street North, between 1st Avenue North and Pasadena Avenue North. (City File FLUM-13)
(a) Ordinance 698-L amending the Future Land Use Map designation from Residential Urban (RU) to Planned Redevelopment Mixed-Use (PR-MU).
(b) Ordinance 727-Z rezoning the above described property from NT-3 (Neighborhood Traditional Single-Family) to CRT-1 (Corridor Residential Traditional), or other less intensive use.
(c) Resolution 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 County Commissioners.
J. Open Forum
On Thursday, March 15, 2012 at 4:00 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 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: Leslie Curran, Chair, Wengay "Newt" Newton, Vice Chair, Charles Gerdes, Jim Kennedy, Bill Dudley, Steve Kornell, Karl Nurse, 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
March 15, 2012
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. Renewing a blanket purchase agreement with 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 $528,250.
2. Awarding five-year blanket purchase agreements with Nubro, Inc. d/b/a Brodart Company, Midwest Tape, LLC, QB Acquisition Corporation, The Gale Group, Inc., and six other vendors for library materials for the Library Department at an estimated annual cost of $520,000.
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 issuance of the historic property ad valorem tax exemption for the following properties and forwarding to the Pinellas County Board of County Commissioners: 217 - 25th Street North, Carr's Apartments, commercial; 916 - 1st Street North, Mecca Apartments, commercial; Suite 230, 405 Central Avenue, Snell Arcade, residential; and Suite 240, 405 Central Avenue, Snell Arcade, residential.
3. Rescinding the previous approval on November 21, 2011 of the Crossroads at Tyrone plat, located at 6533 - 9th Avenue North and approval of said plat reflecting new ownership. (City File 10-20000005)
4. Authorizing the Mayor or his designee to execute a License Agreement with The Deuces Live, Inc., a Florida not-for-profit corporation, for the use of two (2) unimproved City-owned parcels located at approximately 935 & 943 - 22nd Street South, St. Petersburg, on March 31, 2012 for a use fee of $10.00, to provide staging for food vendors while hosting a community event.
6. Authorizing the Mayor or his designee to execute Amendment No. 1 to Task Order No. 08-2-URS/GC, to the Agreement between the City of St. Petersburg and URS Corporation Southern, Inc. in the amount not to exceed $39,977, for construction phase services for the replacement of 4th Street South Bridge over Salt Creek. (Engineering Project No. 10049 110; Oracle No. 13274)
7. Authorizing the Mayor of his designee to enter into a Cooperative Funding Agreement with the Southwest Florida Water Management District for the City of St. Petersburg Sensible Sprinkling Program in the amount of $100,000.
8. Authorizing the Mayor of his designee to enter into a Cooperative Funding Agreement with the Southwest Florida Water Management District for the City of St. Petersburg Toilet Replacement Project in the amount of $100,000.
9. Approving a supplemental appropriation of $25,390 from the unappropriated balance of the Emergency Medical Services Fund (1009) to the Fire Department Emergency Medical Services (1501513) for the purchase of three compact special rescue vehicles.
11. Approving a supplemental appropriation of $10,159.70 from the unappropriated fund balance of the American Recovery and Reinvestment Act Fund (1017) to the Housing Department Administration (082-1089) (Homelessness Prevention and Rapid Re-Housing Program (HPRP) Subrecipients FY09/10 Project (12398)) to allow 2-1-1 Tampa Bay Cares, Inc. ("Tampa Bay Cares") to expend the remaining $10,000.08 allocated to Tampa Bay Cares and $159.62 that remained unexpended from an allocation to Pinellas County Health and Human Services, to implement the Homeless Management Information Systems portion of the HPRP; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.
Note: An abbreviated listing of upcoming City Council meetings.
Budget, Finance & Taxation Committee
Thursday, March 8, 2012, 8:00 a.m., Room 100
Public Services & Infrastructure Committee
Thursday, March 8, 2012, 9:15 a.m., Room 100
Arts Funding Committee
Thursday, March 8, 2012, 11:00 a.m., Room 100
CRA/Agenda Review & Administrative Updates
Thursday, March 8, 2012, 1:30 p.m., Room 100
City Council Meeting
Thursday, March 8, 2012, 3:00 p.m., Council Chamber
Co-Sponsored Events Committee
Thursday, March 15, 2012, 2:00 p.m., Community Resource Room
Council Budget Revenue Workshop
Thursday, March 22, 2012, 1:30 p.m., Room 100
Thursday, March 29, 2012, 9:00 a.m., Room 100
Downtown Alcoholic Beverage Establishments Security Requirements
Thursday, March 29, 2012, following Agenda Review, Room 100
Management Studies Develop process for future studies
Taxes/Impact Fees Independent External Audit Scope of Work
Thursday, April 5, 2012, immediately following the City Council Meeting., Room 100
Downtown Waterfront Master Plan Develop an Ordinance to provide for
procedures/criteria for adoption of the Plan
Arts Advisory Committee
1 Regular Member
(Term expires 9/30/12)
3 Regular Members
(Terms expire 12/31/12 & 12/31/14)
Civil Service Board
3 Alternate Members
(Terms expire 6/30/13 and 6/30/14)
Community Preservation Commission
1 Regular Member
(Term expires 9/30/14)
Commission on Aging
2 Regular Members
(Terms expire 12/31/12 & 12/31/14)
Planning & Visioning Commission
1 Regular Member
(Term expires 9/30/13)
Public Arts Commission
1 Regular Member
(Term expires 2/28/14)
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.