September 20, 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.
September 20, 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
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 October 4, 2012 as the public hearing date for the following proposed Ordinances:
2. Ordinance amending City Code, Chapter 16, Section 184.108.40.206.2, regarding the distances between buildings for lots of 120 feet in width or less, otherwise known as minimum building separation, within the Downtown Center (DC) zoning districts. (City File LDR 2012-03)
(a) Status Report by BayWalk Developer
(b) Approval of BayWalk Agreements:
1) BayWalk Employee Parking Agreement;
2) BayWalk Customer Parking Validation Agreement;
3) Pedestrian Corridor Management Agreement;
4) Mid Core Garage Security Services Agreement; and authorizing a First Amendment to the CPS Parking Facilities Management Agreement
5. Authorizing the Mayor or his designee to execute a License Agreement with St. Petersburg Saturday Morning Market, Inc., a Florida not-for-profit corporation, for nominal consideration, for the use of a portion of the parking lot to the north of Al Lang Field, located on the southeast corner of 1st Street S.E. and 1st Avenue S.E., as a market place within a portion of City-owned Progress Energy Park at 201 Bayshore Drive Southeast, St. Petersburg, on Saturdays only during a period of eight (8) months.
F. New Business
1. Referring to the Budget, Finance & Taxation Committee the creation of a Community Brownfield Fund. This fund will be set up as an economic development tool to accept funds for brownfield mitigation on smaller contaminated sites in the city. (Councilmember Danner)
G. Council Committee Reports
(a) Resolution approving events for co-sponsorship in name only by the City for Fiscal Year 2013; waiving the non-profit requirement of Resolution No. 2000-562(a) for the co-sponsored events to be presented by Pediatric Services of Florida, Inc., Cox Radio, Inc., Festivals of Speed, LLC, Variety Entertainment, Inc., Competitior Group, Inc., Jam Brands Sports, LLC and Live Nation Worldwide, Inc., in FY 2013; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.
(b) Resolution in accordance with City Code Section 21-38(d) exempting PandoraFuse Events, Ribfest, Chillounge Night, 97x Next Big Thing, Funk Fest 2012, Festivals of Speed, Tampa Bay Bluesfest and 97x Backyard BBQ 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) Spa Beach for Pandora to be held October 18, 2012 between the hours of 6:00 p.m. and 10:00 p.m.; 2) Vinoy Park for Ribfest to be held November 9, 10 and 11, 2012 between the hours of 11:00 a.m. and 11:00 p.m. on November 9 and 10 and 1:00 p.m. and 10 p.m. on November 11; 3) North Straub Park for Chillounge Night to be held November 17, 2012 between the hours of 6:00 p.m and 11:00 p.m.; 4) Vinoy Park for 97x Next Big Thing to be held December 1, 2012 between the hours of 10:00 a.m. and 11:00 p.m.; 5) Vinoy Park for Funkfest 2013 to be held March 30, 2013 between the hours of 11:00 a.m. and 11:00 p.m.; 6) Vinoy Park for Festivals of Speed to be held April 7, 2013 between the hours of 11:00 a.m. and 5:00 p.m.; 7) Vinoy Park for Tampa Bay Bluesfest to be held April 12, 13 and 14, 2013 between the hours of 11:00 a.m and 11:00 p.m. on April 12 and 13 and 11:00 a.m. and 10:00 p.m. on April 14; and 8) Vinoy Park for 97x Backyard BBQ to be held May 5, 2013 between the hours of 11:00 a.m. and 9:00 p.m.
(a) Resolution approving a supplemental appropriation in the amount of $71,667.68 from the unappropriated balance of the Housing Capital Improvement Program ("HCIP") Fund (3000) to the CDBG Reimbursement Strategy Project (13808); authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution; and providing that the Administration shall upon sale of the property, notify City Council of the sale and the amount of net proceeds received.
(b) Resolution approving a supplemental appropriation in the amount of $80,657.04 from the unappropriated balance of the Housing Capital Improvement Program ("HCIP") Fund (3000) to the CDBG Reimbursement Strategy Project (13808); authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution; and providing that the Administration shall upon sale of the property, notify City Council of the sale and the amount of net proceeds received.
(c) Approving an audit to be completed by Mayer Hoffman McCann PC, KRMT for the Emergency Medical Services contracted budget expenditures for Fiscal Year 2012 at the request of the Pinellas County Emergency Medical Services Authority; and directing that the expenditure for the audit come from the Emergency Medical Services fund.
(d) Resolution authorizing the Mayor or his designee to execute amendments to the agency agreements to provide homebuyer education counseling ("program") with St. Petersburg Neighborhood Housing Services, Incorporated d/b/a Neighborhood Home Solutions to reduce the required number of total homebuyer counseling hours per client from 15 to 8 hours for FY 2011-2012 and FY 2012-2013; to roll forward unexpended FY 2011-2012 funding for the program to FY 2012-2013; and to execute all documents necessary to effectuate this resolution.
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.
(a) Ordinance 44-H relating to utility rates and charges; amending Chapter 27, Subsections 27-5 (a), 27-141 (a), 27-142 (a), 27-143 (b)(1), 27-144 (c), 27-177 (a), 27-177 (d)(7), 27-283 (a), and Section 27-284 of the St. Petersburg City Code; establishing time frames for determining delinquent accounts for wholesale customers; amending base charges and volume charges for water service; amending wholesale water service charges for the City of Gulfport; amending fire service monthly use rates; amending base fee and volume rates for irrigation only accounts; amending reclaimed water rates and charges; amending base and volume charges for wastewater service; amending wastewater service charges for wholesale customers; providing for severability of provisions; providing an explanation of words struck through and underlined; and establishing a date to begin calculating new rates for billing purposes.
(b) Ordinance 45-H relating to stormwater utility rates; creating new Subsection 27-405 (b) (8) of the St. Petersburg City Code; providing for no rate increase for the stormwater management system utility fees for Fiscal Year 2013; providing for severability of provisions; and providing an explanation of words struck through and underlined.
6. Ordinance 46-H in accordance with Section 1.02(c)(5)b., St. Petersburg City Charter, authorizing the restrictions contained in the Joint Participation Agreement ("JPA") and the Aviation Program Assurances which are attached to the JPA, to be executed by the City, as a requirement for receipt of a Florida Department Of Transportation ("FDOT") grant in an amount not to exceed $489,000 for the Airport - Terminal Hangar Project which, inter alia require that the City will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without the prior written approval of the department, throughout the useful life of a facility developed for any airport development, nor cause or permit any activity or action on the airport which would interfere with its use for airport purposes for a period, not to exceed 20 years from the effective date of the JPA; authorizing the Mayor or his designee to apply for and accept the Grant in an amount not to exceed $489,000; authorizing the Mayor or his designee to execute all documents necessary to effectuate this ordinance; and providing an effective date; and providing for expiration. (Requires affirmative vote of at least six (6) members of City Council.)
(a) Ordinance 48-H relating to the creation of a Foreclosure Registry; providing for registration for all properties in foreclosure; providing maintenance and security requirements for all properties in foreclosure; and providing for severability.
(b) Resolution providing that the annual registration fee for registration of properties in foreclosure in accordance with Ordinance 48-H shall be $125.
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.
9. Amending the zoning designation of a 2.01 acre (mol) L-shaped area subject property, a portion of which abuts and a portion of which is included within a conservation easement generally located on the west side of 31st Street South, south of Maximo Presbyterian Church property located at 3200 - 58th Avenue South. The subject property is also located within an area governed by a Development Agreement. (City File ZM-3)
(a) Ordinance 729-Z amending the Official Zoning Map designation from NS-1 (Neighborhood Suburban-1) to NPUD-1 (Neighborhood Planned Unit Development-1), or other less intensive use.
(b) Ordinance 47-H amending the Development Agreement associated with the above-described property.
J. Open Forum
Community Redevelopment Agency (CRA)
September 20, 2012
2. Resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding "Campbell Landings," located at the northwest corner of the intersection of 6th Street South and 4th Avenue South, consistent with the Intown Redevelopment Plan. as reviewed in Community Redevelopment Agency report IRP 12-09a; and providing an effective date. (City File CRA IRP-12-09a)
3. Resolution recommending City Council approval of the proposed disposition of Lot 2, Block 1, TACRA Phase III Replat ("Disposition") to Urban Development Solutions, Inc., a Florida non-profit corporation ("UDS"), and finding the Disposition consistent with the Tangerine Avenue Community Redevelopment Area Plan.
Consent Agenda I
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. Awarding a three-year blanket purchase agreement to Electrical Engineering Enterprises, Inc. for power distribution equipment maintenance and repair services for the Water Resources Department at an estimated cost of $243,375.
2. Renewing a blanket purchase agreement with Sungard Public Sector, Inc. a sole source supplier, for a software maintenance agreement for the ICS department at an estimated annual amount of $170,000.
3. Accepting a bid from Concrete on Call, Inc. for ready mix concrete to be used for bicycle trail construction projects for the Stormwater, Pavement & Traffic Operations Department at a total cost of $167,500.
7. Authorizing the Mayor or his designee to grant a Public Utility Easement to Florida Power Corporation d/b/a Progress Energy Florida Inc., a Florida corporation, for the installation, operation and maintenance of electrical service within a City-owned property in the Tangerine Avenue Community Redevelopment Area located at approximately 2100 - 18th Avenue South, St. Petersburg.
8. Authorizing the Mayor or his designee to execute a Lease Agreement with The Garden Club of St. Petersburg, Inc., a Florida not-for-profit corporation, for the use of City-owned real property located at 500 Sunset Drive South, St. Petersburg, Florida within Coconut Park 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.)
9. Authorizing the Mayor or his designee to execute a First Amendment to the Employee Parking License Agreement with Salvador Dalν Museum, Inc. for the non-exclusive use of twenty (20) parking spaces located within the Albert Whitted Airport overflow parking area for a period of one (1) year for $515.00 per month, with the right to request extensions for three (3) additional one (1) year terms. (Requires affirmative vote of at least six (6) members of City Council.)
10. Authorizing the Mayor or his designee to purchase one (1) abandoned property located at 4035 - 12th Avenue South, St. Petersburg, under the Neighborhood Stabilization Program III, for the sum of $50,490, 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 License Agreement with St. Petersburg
Saturday Morning Market, Inc., a Florida not-for-profit corporation, for nominal
consideration, for the use of a portion of the parking lot to the north of Al
Lang Field, located on the southeast corner of 1st Street S.E. and 1st Avenue
S.E., as a market place within a portion of City-owned Progress Energy Park at
201 Bayshore Drive Southeast, St. Petersburg, on Saturdays only during a period
of eight (8) months. [Moved
to Reports as E-5]
12. Authorizing the Mayor or his designee to execute a one (1) year agreement with the Pinellas Suncoast Transit Authority in an amount not to exceed $75,000 to operate a daily fixed route trolley service program from St. Pete Beach to The Pier.
13. Authorizing the Mayor or his designee to execute an agreement and all other documents necessary with the Pinellas County Health Department in the amount of $18,090 to develop and produce promotional materials to encourage additional use of St. Petersburg's CityTrails and BlueWays Facilities; and approving a supplemental appropriation in the amount of $18,090 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the CPPW Bike Guides Project (13668).
15. Resolution appointing Elihu Brayboy as the representative for the "Member at Large" category on the Board of Commissioners of the Enterprise Zone Development Agency (EZDA) to serve a four year term expiring April 20, 2016; appointing Gloria Campbell as the representative for the "Private Industry Council" category on the Board of Commissioners of the EZDA to serve the remainder of a four year term expiring April 20, 2015; appointing Duncan McClellan as the representative for the "Resident" category on the Board of Commissioners of the EZDA to serve the remainder of a four year term expiring April 20, 2014; appointing Jack Humburg as the representative of the local "Nonprofit Community Based Organization" category on the Board of Commissioners of the EZDA to serve a four year term expiring April 20, 2016; appointing Karl Nurse as Chair and appointing Robert L. Williams, III as Vice-Chair of the Board of Commissioners of the EZDA.
16. Authorizing the Mayor or his designee to accept a one year contract between the School Board of Pinellas County, Florida and the City of St Petersburg for the continuation of the School Resource Officer Program in the public school system of Pinellas County, and to execute all documents necessary to effectuate this transaction.
Note: An abbreviated listing of upcoming City Council meetings.
Budget, Finance & Taxation Committee
Thursday, September 27, 2012, 8:00 a.m., Room 100
Public Services & Infrastructure Committee
Thursday, September 27, 2012, 9:15 a.m., Room 100
Housing Services Committee
Thursday, September 27, 2012, 10:30 a.m., Room 100
CRA/Agenda Review & Administrative Updates
Thursday, September 27, 2012 @ 1:30 p.m., Room 100r
Fiscal Year 2013 Budget Public Hearing, 6:00 p.m.
Thursday, September 27, 2012, Chamber
Special City Council Meeting
Friday, September 28, 2012, 1:30 p.m., Carillon Hilton
CityScape Stadium Presentation
Arts Advisory Committee
1 Regular Member
(Term expires 9/30/12)
2 Regular Members
(Terms expire 12/31/12 & 12/31/14)
Civil Service Board
1 Regular & 2 Alternate Members
(Terms expire 6/30/13, 6/30/14 & 6/30/15)
Code Enforcement Board
2 Regular Members (Engineer & Non-Category)
(Terms expire 12/31/12 and 12/31/13)
Community Preservation Commission
1 Regular Member
(Term expires 9/30/14)
Commission on Aging
(Terms expire 12/31/13)
Planning & Visioning Commission
1 Regular Member
(Term expires 9/30/13)
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.