City of St. Petersburg Public Services & Infrastructure Committee Agenda February 14, :25 AM City Hall, Room 100

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1 City of St. Petersburg Public Services & Infrastructure Committee Agenda February 14, :25 AM City Hall, Room 100 Members: Alternate(s): Committee Chair Steve Kornell, Committee Vice-Chair Ed Montanari, Council Chair Charlie Gerdes, and Council Member Amy Foster Council Member Lisa Wheeler-Bowman Support Staff: Jayne Ohlman - City Council Legislative Aide 1) Call to Order 2) Approval of Agenda 3) Approval of January 24, 2019 Minutes 4) New Business February 14, 2019 a) Continued Discussion on Proposal to Change the DRC Appeals Process Liz Abernethy, Michael Dema b) Discussion on Maintaining Pedestrian Safety While Encouraging Economic Vitality in Downtown Sharon Michnowicz, Allyson Smith, & Sergeant Tim Montanari 5) Upcoming Meeting Dates & Tentative Agenda Items February 28, 2019 a) Discussion on a Potential Responsible Bidder Ordinance Louis Moore, Stephanie Swinson b) Proposed Ordinance to Name the Sanitation Administrative Building after Benjamin F. Shirley, Sr., Pursuant to City Code Section Robert Gerdes, Brett Pettigrew Attachments: Minutes of the January 24, 2019 PS&I Committee Meeting New Business Item Support Material Pending and Continuing Referral List

2 City of St. Petersburg Public Services & Infrastructure Committee January 24, 2019 Meeting Minutes City Hall - Room 100 Present: Committee Members Committee Chair Steve Kornell, Committee Vice-Chair Ed Montanari, Council Chair Charlie Gerdes, and Council Member Amy Foster Absent: Council Member Lisa Wheeler-Bowman (Alternate) Also Present: Council Member Gina Driscoll, Deputy Mayor/City Administrator Dr. Kanika Tomalin, City Attorney Jackie Kovilaritch, and Assistant City Attorney Derrill Mcateer Support Staff: Jayne Ohlman - City Council Legislative Aide 1. Call to Order 9:35 AM 2. Approval of Agenda CM Foster moved approval, all members voted in favor. 3. Approval of January 10, 2019 Minutes CM Gerdes moved approval, all members voted in favor. New Business for January 24, 2019 a) Proposal to Amend the Noise Ordinance Liz Abernethy Planning and Development Services Director Liz Abernethy began the presentation by reminding the committee of the motion made at the September 20 th PS&I committee meeting. At that meeting, CM Gerdes made a motion to move forward with Option #1, with an additional request to maximize penalties to the extent allowed by state law and for administration to return with a presentation on personnel changes to assist with enforcement. Option #1 - Minor Modifications to Existing Ordinance Maintain Plainly Audible System and Distances o Distances ranging from Progressive penalties o Warning o Class 1 fine ($218.00) o Double Class 1 fine ($436.00) o 30 day suspension of late night permit/sidewalk café permit, or City shall seek injunctive relief from courts. o Clarification on who receives citation and possible integration of PD and Business Tax databases In addition, City Administrator/Deputy Mayor, Dr. Tomalin addressed a question raised by CM Driscoll at the September 20 th meeting regarding additional resources for enforcement. Dr. Tomalin stated that based on the increased penalties and the committee s decision to continue 1

3 the use of a plainly audible enforcement system, it was determined that no additional resources were needed at this time. Ms. Abernethy then explained that option #1 would require amendments to Chapter 3 - Alcoholic Beverages, Chapter 11 - Noise Pollution, and Chapter 16 - Land Development Regulations. The committee was provided with a table summarizing all of the proposed amendments. A majority of the proposed amendments are in the Penalty Section of Chapter 11 and the Use Specific Development Standards of Chapter 16. The changes to Chapter 11 include a formal warning, higher fines, and in cases of multiple repeat offenders; the potential for suspension of extended hours and/or sidewalk café permits. Ms. Abernethy explained that the changes to Chapter 16 would focus on amending language relating to restaurants and bars, sidewalk cafés, outdoor venues with amplified sound, and a proposed requirement for a noise mitigation plan. CM Driscoll inquired if the changes to the penalties were still progressive. City Attorney Jackie Kovilaritch explained they are progressive and that the two successive fine amounts are maximized at $500, with the addition of suspension and/or injunction options if there is an additional violation within the 365 day time period. Assistant City Attorney Derrill McAteer noted that there was a new provision requiring a written warning before any fine was assessed. Ms. Abernethy then asked for the committee s input on what conditions they believed should trigger the requirement for a noise mitigation plan. CM Gerdes asked for clarification as to who would be affected by the proposed requirement. Ms. Abernethy explained that any privately owned outdoor place with an amplified sound system that is located within 1,000 feet of residential use, would require a properly certified noise mitigation and monitoring plan. Ms. Abernethy explained that current businesses will essentially be grandfathered in but the amended code could require any new business with plans to use amplified sound outdoors to submit a noise mitigation plan. CM Montanari inquired what the protocol would be if a restaurant closed down and a new restaurant replaced it, would this require a noise mitigation plan? Ms. Abernethy responded that depending on the type of venue and the hours of operation, a noise mitigation plan may not be necessary but if the new restaurant planned to have after-dinner events such as outdoor amplified music, then a plan would be required. Ms. Abernethy stated that the triggers for a noise mitigation plan could be more narrowly tailored to factor in circumstances such as hours of operation. CM Montanari then asked what the typical cost is for a business owner to obtain a certified noise mitigation plan. Ms. Abernethy responded that cost is dependent on the scale of the location and she would inquire with the city s noise consultant to get some cost-estimates to share. Ms. Abernethy noted that the requirement for a noise mitigation plan would not be triggered for accessory outdoor areas that are less than 500 square feet. CM Kornell inquired what the protocol would be if a restaurant has been operating for a period of time and then a residential area is built next to it, would the restaurant be required to acquire a noise mitigation plan? Ms. Abernethy explained that the restaurant would be grandfathered in and would not need a noise mitigation plan, unless the restaurant wanted to make changes, such as an expansion to their outdoor patio or the addition of new outdoor speakers, then a noise mitigation plan would most likely be necessary. CM Kornell asked for clarification on a proposed amendment to Chapter 11 regarding penalties for noise pollution titled Injunctive Relief. Assistant City Attorney Derrill McAteer 2

4 explained that revocation of sidewalk café and extended hour permits was not included as a penalty in the draft due to 8 th Amendment excessive punishment concerns. Legal thought it better to include the injunctive relief provision in the proposed changes to section so that if a complete cease of operations due to the inability to utilize a sidewalk café or extended hours permit was to occur, it occurred via an injunctive order from a judge rather than a revocation from the City. The City retains the option to suspend either sidewalk cafe or extended hour permits under the proposed ordinance, but revocation is not a proposed penalty option for noise violations. Ms. Abernethy then gave the committee a tentative timeline for the noise ordinance going forward: DRC LDR Amendment Review for Consistency with the Comp Plan Workshop - February 6 Public Hearing - March 6 City Council First Reading - April 4 City Council Second Reading and Public Hearing - April 18 CM Gerdes made a motion for staff to move forward with option #1 as presented and in coordination with the timeline presented by Ms. Abernethy. All members voted in favor. The meeting adjourned at 10:30 3

5 PUBLIC SERVICES & INFRASTRUCTURE COMMITTEE February 14, 2019 Topic 1 Discussion regarding DRC appeals that do not come before City Council. Request changing the appeal to City Council from requiring a supermajority vote to a majority vote. 2 Discussion on maintaining pedestrian safety while encouraging economic vitality in our downtown 3 A discussion on potential Responsible Bidder Ordinance 4 An ordinance to name the Sanitation Administrative Building after Benjamin F. Shirley, Sr., pursuant to City Code A presentation on proposed amendments to the sign code 6 Referral from City Council: A continued discussion of the Emergency Medical Services ALS First Responder Growth Management Agreement between the City of St. Petersburg & Pinellas County Emergency Medical Services Authority for fiscal year Requesting administration to provide a list or presentation of all City facilities that need to be hardened to withstand high winds & other damage and the associated costs of these upgrades. 8 Report on proposed South St. Pete Master Plan with a potential 2050 plan Return Date Referral Date Prior Meeting Referred By Staff 2/14/19 3/1/18 7/12/18 Kornell M. Dema, L. Abernethy 2/14/19 10/18/18 Driscoll Legal 2/28/19 11/1/18 Gerdes L. Moore S. Swinson 2/28/19 2/7/19 Kornell R. Gerdes, (Staff Legal Request) 3/14/19 2/7/19 Kornell L. Abernethy (Staff Request) 3/28/19 2/7/19 Council Chief Womack Legal 5/9/19 6/7/18 Foster C. Tankersley B. Prayman T. Greene 9 A discussion on Pinellas County Animal Control Services in the City of St. Petersburg 10 Private Laterals Pilot Rebate Program 3/2/17 4/13/17 2/8/18 Notes 7/12/18 CM Gerdes made a motion to have staff return with a proposed revised ordinance that allows variance decisions to be appealed to City Council & to estimate staff implications. 8/4/16 Kornell L. Abernethy 10/11/18-Per Liz Abernethy, an RFP will be sent out by year end and scope of service will be established by early /24/19- Committee agreed to leave on referral list until Committee of the Whole date is finalized. 2/7/19 Kornell Kornell C. Tankersley M. Dema 2/8/18-Committee moved to approve the Private Lateral Repair and Replacement Pilot program.

6 11 Body Cameras and Dashboard Cameras 5/18/17 6/15/17 Council A. Holloway 6/15/17-CM Gerdes made a motion to move forward with $87,000 allocation for Dash Cams. 7/13/17-Council approved purchase of dashboard cameras & accessories for $87,000. 9/27/18-Per Chief Holloway: No update at this time. 12 Water Resources Dept Management Recommendations Annual Update 13 Quarterly report on Grow Smarter sites a) Port Site b) Innovation District Site c) 800 Block Site d) Police Station Site e) Tropicana Field Site f) Commerce Park Site g) 22 nd Street Sites h) Tangerine Plaza Site 14 Capital Improvement Assessment (Maintenance & Hurricane/Tropical Storm Preparedness) a. Bridges b. Reclaimed Water & possible expansion c. Roads / Sidewalks / Pedestrian Bridges d. Seawalls e. Stormwater f. Potable Water (water quality audit) g. Buildings h. Sewers / Wastewater (if needed) i. New sidewalk planning 1/16/20 12/7/17 1/10/19 Council C. Tankersley J. Palenchar 2/15/18 3/8/18 2/2/17 3/8/18 5/31/18 9/13/18 a. 4/27/17 a. 7/20/17 b. 8/24/17 c. 11/9/17 d. 3/22/18 d. 11/15/18 e. 7/12/18 f. 7/26/18 (COW) Foster Driscoll Kennedy, Gerdes 12/7/17-PS&I to manage the 57 recommendations made by LA Consulting. 1/10/19- C. Tankersley & J. Palenchar updated committee on progress of implementation of the 57 recommendations A. DeLisle 2/15/18-Requesting a report regarding opportunities/plans available at City-owned Grow Smarter sites. 3/8/18-Requested quarterly reports on one or two sites at a time. 5/31/18-Discussion covered the Innovation District, Police Station Site, Tropicana Field Site, and Tangerine Plaza Site 9/13/18-A memo from A. DeLisle was distributed to the committee in lieu of a verbal update on Tangerine Plaza. See minutes of 9/13 for full memo a. Prayman b. Palenchar c. Prayman d. Prayman e. J. Norris f. Palenchar g. Tankersley i. Tankersley, Mory a) Bridges-Staff to bring back analysis of long-term and pedestrian bridge funding. CM Kennedy asked to have noted that between 2021 and 2025 there is a $50 million shortage on funding for bridges. b) Reclaimed Water-report provided by J. Palenchar. Items b), e), f) & h) are in Integrated Master Plan. c) Roads/Sidewalks-power point by B. Prayman & J. Norris. Staff to report to committee on updated numbers for annual sidewalk repair & replacement with the numbers based on new technology. Funding for brick streets replacement as a recurring maintenance cost needs to be considered. e) Stormwater J. Norris updated committee on Stormwater infrastructure, challenges, and ongoing projects. d) Seawalls/Living Shorelines: B. Prayman, C. Frey, & C. Tankersley updated the committee on seawall repairs/replacements, living shoreline projects and updated mapping of the city seawalls/living shorelines. PS&I 2019 Dates: 1/10, 1/24, 2/14, 2/28, 3/14, 3/28, 4/11, 4/25, 5/9, 5/30, 6/13, 7/11, 7/25, 8/8, 8/22, 9/12, 9/26, 10/10, 10/24, 11/7, 12/ : 1/16, 1/30

7 2/14/2019 DRC/CPPC Appeals PSI February 14, 2019 Michael Dema & Elizabeth Abernethy July 11, PSI Request for staff to estimate additional costs associated with anticipated increase in appeals if variance cases can be appealed 1

8 2/14/2019 Anticipated Staff Hours Planning Department Hours* Rate Total Report & Document Prep 100 $50.00 $5, Meeting Prep 20 $50.00 $1, Hearing Attendence 9 $50.00 $ Legal Department Report & Document Prep 10 $75.00 $ Meeting Prep 10 $75.00 $ Hearing Attendence 6 $75.00 $ *Assumes 3 hour meeting; 1 per month Anticipated Costs Department Prep Hearing* Total Clerk $75.00 $ $ Legal $1, $ $1, Planning & Development $6, $ $6, Marketing $ $ Total per month $9, Annual Cost $111, *Assumes 3 hour meeting; 1 per month 2

9 2/14/2019 Potential Litigation Expenses DISCUSSION 3

10 2/14/2019 DRC/CPPC Appeals PSI July 11, 2018 Michael Dema & Elizabeth Abernethy Decisions & Appeals Table Items that are currently appealable to City Council: Site Plan Review Special Exceptions Bonus Approvals Conceptual Approvals COAs Cell Towers Community Residential Homes Adult Uses 4

11 2/14/2019 Decisions & Appeals Table Items that are currently appealable to City Council: Site Plan Review Special Exceptions Bonus Approvals Conceptual Approvals COAs Cell Towers Community Residential Homes Adult Uses Decisions & Appeals Table Items that are NOT appealable to City Council: Zoning Permits Docks, Vending, Sidewalk Cafes, Pushcarts, temporary use, tree removal Variances Streamline & Public Hearing Design, Drainage Reinstatements Redevelopment (of grandfathered uses) Transfer of Development Rights Workforce Housing Lot Refacing/Lot Line Adjustment Property Card Interpretations Zoning Letters (Rebuild/Buildable Lot) 5

12 2/14/2019 Recent Appeals to Council: Address Description Hearing Date 176 4th Ave NE Modification to a previously approved Site Plan to construct an 18-story, 30-unit multi-family development located at 176 4th Avenue Northeast. 10/01/2014 Approval of a special exception and related site plan to construct a bank drivethru. 700 Central Avenue 2/18/ rd Ave N & th St N Approval of a Special Exception and related Site Plan to construct a surface parking lot on a residential-zoned property. 10/04/ th St N; 342 Approval of a Special Exception and related Site Plan for a Community Assembly 15th St N; & th Facility with a Community Garden and a Variance to the 35-foot required St N setback. 1/10/ st St N & 116 4th AVE N TH Ave NE 356 1st St N and 116 4TH Ave N th St N & th ST N Appeal of the Development Review Commission (DRC) denial of a Site Plan to construct a 23-story, 29-unit multi-family development, with floor area ratio bonuses and a variance to the Albert Whitted Overlay Height Standards at the southwest corner of 4th Avenue North and 1st Street North (356 1st Street North and 116 4th Avenue North). 2/1/2018 Appeal of the CPPC approval of Certificate of Appropriateness for new residential construction located at th AVE NE in the North Shore Section Block of 18th Ave NE Historic District. 7/19/2018 Appeal of the Development Review Commission (DRC) denial of an appeal thereby upholding a streamline approval of a Site Plan to construct a 19-story, 20-unit multi-family development, with floor area ratio bonuses at the southwest corner of 4th Avenue North and 1st Street North (356 1st Street North and 116 4th Avenue North). 8/02/2018 Special Exception and related Site Plan to construct a surface parking lot on a residential-zoned property (326 15th Street North and th Street North). 8/23/2018 DRC Case Data 12 months 25 general variances 2 streamline appeals 1 reinstatement 2 lot line adjustments 2 redevelopments 1 appeal of tree permit denial Total cases = 33 Estimate of potential appeals = 19 6

13 2/14/2019 Comparison to other jurisdictions: Legal performed cursory look at 15 other jurisdictions with greater than 100,000 residents Cities where appeals of variances may be heard by City Council (or similar body): Cape Coral, Miami Gardens, Miramar, Tampa Cities where appeals of variances cannot be heard by City Council: Broward Co., Coral Springs, Ft. Lauderdale, Gainesville, Hialeah, Hollywood, Jacksonville, Miami, Orlando, Port St. Lucie, Tallahassee 7

14 Ordinance No. AN ORDINANCE AMENDING THE ST. PETERSBURG CITY CODE TO CREATE A NEW SECTION PROHIBITING THE PLACEMENT OF TABLES ON SIDEWALKS, PUBLIC WALKWAYS, AND RIGHTS-OF-WAY IN DESIGNATED LOCATIONS; CREATING A PROHIBITED ZONE; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has a significant government interest in regulating pedestrian traffic along its sidewalks, public walkways, and rights-ofway; and WHEREAS, the City has a duty to keep its sidewalks, public walkways, and rights-of-way open and available for the movement of persons; and WHEREAS, the City finds that the preservation of the City s scenic beauty promotes tourism by establishing visual attractiveness for the City and promoting its general economic and cultural development consistent with the City s interest in aesthetics; and City; and WHEREAS, the City wishes to preserve the aesthetic beauty of the WHEREAS, the area within the attached diagram is replete with numerous outdoor entertainment and economic activity areas, including sidewalk cafés, restaurants, parks, hotels, retail establishments, and music venues; and WHEREAS, within this area many people walk from one location to another for dining, shopping and other entertainment; and WHEREAS, the boundaries within the entire zone shown in the attached diagram are narrowly tailored to only address the commercial areas that have a large volume of pedestrian traffic and are vital to the economic vitality of the City; and 1

15 WHEREAS, the unregulated placement of tables on City sidewalks, public walkways, and rights-of-way threatens the safety and convenience of pedestrians, the economic vitality of the City, and the aesthetic beauty of the City. ORDAIN: NOW, THEREFORE, THE CITY OF ST. PETERSBURG, FLORIDA DOES SECTION 1. The City of St. Petersburg City Code is hereby amended by adding a new Section to read as follows: Sec Placement of tables on City sidewalks, public walkways, and rights-of-way. (a) Definitions. Prohibited zone means the area bounded by the following rights-of-way (including sidewalks), which are generally shown on diagram 1 hereunder: Beginning at the northeasternmost point of the intersection of Forth Street North and Fifth Avenue North; then easterly along the northerly right-of-way line of Fifth Avenue North to the western right-of-way line of Beach Drive Northeast; then southerly along the western right-of-way line of Beach Drive Northeast to the northern right-of-way line of First Avenue South; then westerly along the northern right-of-way line of First Avenue South to the western right-of-way line of First Street South; then southerly along the western right-of-way line of First Street South to the southern right-of way line of Second Avenue South; then westerly along the southern right-of-way line of Second Avenue South to the western right-of-way line of Forth Street South; then northerly along the western right-of-way line of Forth Street South to the point of beginning. Diagram 1: Prohibited zone 2

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17 (b) Prohibition. It shall be unlawful for a person to place or utilize a table on any sidewalk, public walkway, or right-of-way in the prohibited zone. The prohibition in this section shall not apply to adjacent property owners placing or utilizing tables pursuant to a valid sidewalk café permit. (c) Notice. If a person is found to be in violation of this section, a law enforcement officer shall notify the person who placed or is using a table contrary to this section that the person is in violation of this section and shall request the person to remove the offending table. The person shall not be charged with a violation of this section if the person voluntarily removes the table and does not repeat a violation of this section for the 72-hour period following the law enforcement officer s notice and request. (d) Removal of tables by the POD. (i) (ii) (iii) If requested by the person in violation of this section, the POD shall remove the table or cause the table to be removed to a secure indoor or outdoor location where the table will be held for a period of 90 days. If the table is not claimed within 90 days by a person supplying sufficient proof of ownership or the person who was utilizing the table at the time of removal, the table shall be deemed abandoned property and be disposed of accordingly. If the person who is utilizing the table is cited or arrested for a violation of this section, the table shall be removed or caused to be removed by the POD to a secure indoor or outdoor location where it will be held for a period of 90 days. If the table is not claimed within 90 days by a person supplying sufficient proof of ownership of the table or the person who was utilizing the table at the time of removal, the table shall be deemed abandoned property and be disposed of accordingly. If any unpermitted table is found on a City sidewalk, public walkway, or right-of-way by a law enforcement officer and there is no person present who claims 4

18 ownership of it, the law enforcement officer shall cause the table to be moved to a secure indoor or outdoor location where the table will be held for a period of 90 days. Upon removal of the table, a notice shall be affixed to the ground in the area where the table was located. The notice shall provide a telephone number and a location where information concerning the retrieval of such table can be obtained. Such notice may be removed after five days. If the table is not claimed by a person supplying sufficient proof of ownership within 90 days after removal, the table shall be deemed abandoned property and may be disposed of accordingly. SECTION 2. The provisions of this Ordinance shall be deemed severable. The unconstitutionality or invalidity of any word, sentence or portion of this Ordinance shall not affect the validity of the remaining portions. SECTION 3. In the event that this Ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective after the fifth business day after adoption unless the Mayor notifies the City Council through written notice filed with the City Clerk that the Mayor will not veto the Ordinance, in which case the Ordinance shall take effect immediately upon filing such written notice with the City Clerk. In the event this Ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto. Approved as to form and content: City Attorney (designee)

19 MEMORANDUM To: Members of the Public Service and Infrastructure Committee From: Allyson Smith, Esq., Assistant Police Legal Advisor Date: February 8, 2019 Re: Proposed Addition to City Code entitled Placement of tables on City sidewalks, public walkways, and rights-of-way Background: People within the City have been placing portable tables on City sidewalks, public walkways, and rights-of-way haphazardly and without warning. The proposed prohibited zone is an area of the City most affected by the addition of tables due to its high pedestrian traffic and large number of sidewalk cafés and retail establishments. The tables can create bottlenecks and obstacles for police, other emergency personnel, and pedestrians who are traveling or attempting to travel on the City s sidewalks, public walkways, and rights-of-way. Specifically, the tables can obstruct police and emergency personnel who need to move expeditiously to assist people in emergency situations or to otherwise effectuate their law enforcement related work. Objective: Add Section to the City code which would add a new section entitled Placement of tables on City sidewalks, public walkways, and rights-of-way. Theory: Only sidewalk café owners will be able to place tables on City sidewalks, public walkways, and rights-of-way in the prohibited zone. The City code already regulates this permit to ensure safe pedestrian traffic flow. The limited amount of people to be able to place tables on City sidewalks, public walkways, and rights-of-way will cause there to be fewer tables to obstruct City sidewalks, public walkways, and rights-of-way; therefore, clearing space for emergency personnel to safely respond to emergency situations or to otherwise effectuate their law enforcement related work, as well as, clearing space for pedestrian traffic. Proposed Amendment: Section would prohibit tables from being placed on any City sidewalk, public walkways, and right-of-ways except as allowed pursuant to a sidewalk café permit in the prohibited zone. The City s goal in adding this Section would be to regulate the placement of tables on sidewalks, public walkways, and rights-of-way in the prohibited zone to ensure pedestrians have free access to sidewalks, public walkways, and rights-of-way, and to keep the sidewalks, public walkways, and rights-of-way open and available for safety and convenience.