City of St. Petersburg Public Services & Infrastructure Committee Agenda October 11, 2018 9:15 AM City Hall, Room 100 Members: Alternate(s): Chair Steve Kornell, Vice Chair Ed Montanari Council Members Charlie Gerdes, Amy Foster Council Chair Lisa Wheeler-Bowman Support Staff: Jayne Ohlman - City Council Legislative Aide 1) Call to Order 2) Approval of Agenda 3) Approval of September 20, 2018 Minutes 4) New Business October 11, 2018 a) A Discussion on Modifying Garbage Collection Frequency for Seniors and Low-Income Residents Rob Gerdes, Bob Turner, and Ben Shirley 5) Upcoming Meeting Dates & Tentative Agenda Items October 25, 2018 a) Capital Improvement Assessment: Seawalls Brejesh Prayman and Claude Tankersley November 15, 2018 a) Proposal to Amend the Apprenticeship Ordinance Louis Moore and Stephanie Swinson Attachments: Minutes of the September 20, 2018 PS&I Committee Meeting New Business Item Support Material Pending and Continuing Referral List
City of St. Petersburg Public Services & Infrastructure Committee September 20, 2018 Meeting Minutes City Hall - Room 100 Present: Committee Members - Chair Steve Kornell, Vice Chair Ed Montanari, Council Member Charlie Gerdes, Council Member Amy Foster, and Council Chair Lisa Wheeler-Bowman (Alternate) Also Present: Council Member Gina Driscoll, Council Member Brandi Gabbard, Deputy Mayor/City Administrator Dr. Kanika Tomalin, City Attorney Jackie Kovilaritch, and Assistant Attorney Derrill Mcateer Support Staff: Jayne Ohlman - City Council Legislative Aide 1. Call to order 10:45 AM 2. Approval of agenda CM Foster moved approval, all members voted in favor. 3. Approval of September 13, 2018 Minutes CM Gerdes moved approval, all members voted in favor. New Business for September 20, 2018 a) Noise Ordinance CM Kornell introduced former Mayor Bob Ulrich and explained that although public comment is generally not permitted at committee meetings, Mr. Ulrich would be allotted 5-7 minutes to speak on behalf of the Downtown Residents Civic Association. Mr. Ulrich explained that unfettered urban noise has been an issue since his time as Mayor (1987-1991) and emphasized the need to implement a revised noise ordinance with more substantial penalties. Liz Abernethy, Planning and Economic Development Director, was joined by Dave Goodwin, Special Projects Manager. Ms. Abernethy began the presentation by reestablishing the timeline of the proposed noise ordinance changes. Ms. Abernethy explained that during the previous meeting on April 12, 2018, the committee gave staff specific questions and requests for information to fulfill before moving forward. Those questions and information requests are as follows: Request for more information on funding Ms. Abernethy explained the source of revenue comes mainly from the Extended Hours Permit that requires a $50/year renewal fee. In 2017, permit renewal fees have resulted in roughly $7,500. Police department to give input on the noise ordinance Ms. Abernethy explained that the Police Department has been involved in the discussions and stated that Assistant Police Chief Joseph Dente and Major Mark Hensley would be available to answer any questions. 1
Did the business community come together to discuss the issue of the noise ordinance in order to find a solution? Ms. Abernethy explained that the Chamber of Commerce has been meeting on the issue and continues to facilitate discussions for the business community. More information regarding Kenwood and permitting in residential areas Ms. Abernethy explained that the outdoor café on 5 th Ave N., which abuts single family residential neighborhood, operates from 7:30 AM to 3:00 AM and is not considered a bar or restaurant. However, there have been numerous complaints about noise in the past 24 months due to live music and events such as karaoke and there are currently open codes cases for zoning violations. Information on the Austin, Texas - Sound Management Program Ms. Abernethy explained that a balance between advocacy and regulation/enforcement has led to Austin s Sustainable Live Music Ecosystem. Ms. Abernethy also emphasized Austin s multidiscipline staff which consists of a music programming coordinator, a nightlife liaison, two dedicated sound officers, sound engineer, and a regulatory/permitting ombudsman. Ms. Abernethy explained that Austin utilizes the decibel based system for noise enforcement. Ms. Abernethy stated that Austin is currently considering an Agent of Change policy which promotes compatibility between outdoor music venues and residential and hotel development. The policy would require the new use moving into the area to be responsible for compatibility related to sound, and to build accordingly to manage the sound impact. More thorough information regarding soundproofing and other structural steps that developers could take to reduce the amount of noise that comes in or out of their buildings. Ms. Abernethy explained that this would require technical amendment to building code or zoning performance standards which could conflict with the City s affordable housing initiatives, as well as add significant cost to units. CM Driscoll asked if option #1 could be implemented with the addition of designated personnel so that noise enforcement would not fall entirely onto SPPD and Dr. Tomalin responded that her recommendation would be considered moving forward. CM Gabbard inquired how the noise violation tier structure was established and Assistant Attorney Derrill Mcateer responded that the fee schedule is set by Administrative Court Order. Mr. Mcateer also explained that state statute prohibits excessive fines and penalties, therefore the amount the city is allowed to fine for violations is $500. CM Gabbard then asked for clarity as to whom receives the citation for a noise violation, whether it is the property owner or the manager on duty at the establishment. Mr. Goodwin explained that it is the property/business owner that is fined. 2
CM Gerdes inquired whether the extended hours permit revenue could be directed towards the expense of staffing and training enforcement officers. Mr. Mcateer responded that from a legal perspective, that would be acceptable. However, there are administrative factors to consider. City Attorney Jackie Kovilaritch explained that there would need to be more research done before making a decision. CM Gerdes emphasized his support for moving forward with option #1. CM Kornell emphasized his support for implementing an Agent of Change policy in addition to implementing option #1. CM Kornell asked if moving forward with option #1 would affect the entire city or just one district. Ms. Abernethy explained that option #1 proposes amendments to the current ordinance, therefore the changes would affect the whole city. CM Kornell expressed concern with implementing option #1 on a city-wide level, referencing the noise complaint data map presented to the committee, which clearly shows the concentration of complaints occur in a specific area of the city. CM Gerdes made a motion to move forward with Option #1 (see below), 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. All members voted in favor. Option #1 - Minor Modifications to Existing Ordinance Maintain Plainly Audible System and Distances o Distances ranging from 50-5000 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 data bases Land Development Code amendments: o o o o o Amend Restaurants and Bars, Indoor and Outdoor Section Additional language regarding outdoor noise mitigation Amend Sidewalk Café section Additional language regarding outdoor noise mitigation Amend Use Matrix to Create an Outdoor Performing Arts Venue Special Exception Use (private amendment in process) Monitoring plan/annual event plan Require a noise mitigation study The meeting adjourned at 11:51 AM. 3
PUBLIC SERVICES & INFRASTRUCTURE COMMITTEE October 11, 2018 Topic 1 Requesting a discussion on modifying garbage collection frequency for seniors and low-income residents 2 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 3 Report on utilization of the Hard to Hire and Apprenticeship Ordinance Return Date Referral Date Prior Meeting Referred By Staff Notes 10/11/18 6/14/18 Montanari R. Gerdes B. Turner B. Shirley 2/2/17 Kennedy, a) Bridges-Staff to bring back analysis of long-term a. 4/27/17 Gerdes a. Prayman and pedestrian bridge funding. CM Kennedy asked to a. 7/20/17 b. Palenchar have noted that between 2021 and 2025 there is a b. 8/24/17 c. Prayman $50 million shortage on funding for bridges. c. 11/9/17 d. Prayman b) Reclaimed Water-report provided by J. Palenchar. d. 3/22/18 e. J. Norris Items b), e), f) & h) are in Integrated Master Plan. e. 7/12/18 f. Palenchar c) Roads/Sidewalks-power point by B. Prayman & J. f. 7/26/18 g. Tankersley Norris. Staff to report to committee on updated d. 10/25/18 (COW) i. Tankersley, numbers for annual sidewalk repair & replacement Mory with the numbers based on new technology. Funding for brick streets replacement as a recurring maintenance cost needs to be considered. d) Seawalls PowerPoint presentation by B. Prayman & C. Tankersley. CM Kornell made a motion requesting staff to return with a report on living shorelines in lieu of seawalls. CM Kornell inquired why the Marina Enterprise Fund does not pay for seawall maintenance at the City Marinas Dr. Tomalin to follow up *Return Oct. 2018* e) Stormwater J. Norris updated committee on Stormwater infrastructure, challenges, and ongoing projects. 11/15/18 9/22/16 3/23/17 5/25/17 6/14/18 9/13/18 Foster S. Swinson, L. Moore 5/25/17-Approved w/legal to develop language that the penalty provision covers principles of a company & not only the corporate entity. CM Kornell suggested for future iteration to add provision giving a bonus if person is both disadvantaged worker & apprentice. 6/14/18-Update and presentation by S. Swinson. CM Kornell moved to amend language in Ordinance 283- H Sect. 2-296 to make the 10% threshold apply to both prime & sub-contractors apprenticeships. 9/13/18-Annual update on major construction projects & data demonstrating compliance with apprenticeship ordinance. Staff to return with amended ordinance for final approval by committee on Nov. 15, 2018
4 A discussion to improve affordable housing conditions, including conditions to be imposed with the receipt of City funding/contracts, grant eligibility requirements, & the current status of Code enforcement related to rental housing conditions. 5 Water Resources Dept. 2017 Management Recommendations 6 Requesting administration to provide a list or presentation to the PS&I committee of all of the City facilities that need to be hardened to withstand high winds and other damage and the associated costs of these upgrades. 7 Quarterly report on Grow Smarter site 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 8 Consideration of an ordinance to allow PSTA to enter into an agreement to permit the construction of 23 proposed bus shelters with advertising. 9 Discussion regarding DRC appeals that do not come before City Council. Request changing the appeal to City Council from requiring a supermajority (6-2) vote to a majority (5-3) vote. 10 Dashboard Cameras, Body Cameras, Shot Spotters report 11 Report on proposed South St. Pete Master Plan with a potential 2050 plan 11/29/18 7/12/18 Gabbard R. Gerdes B. Pettigrew 12/13/18 Annual Update 12/7/17 Council C. Tankersley 12/7/17-PS&I to manage the 57 recommendations made by LA Consulting. *See Attached* 6/7/18 Foster C. Tankersley B. Prayman T. Greene 2/15/18 3/8/18 3/8/18 5/31/18 9/13/18 Foster Driscoll 5/18/17 10/26/17 Nurse B. Pettigrew E. Mory 3/1/18 7/12/18 Kornell M. Dema, L. Abernethy 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 from 9/13/18 for full memo 10/26/17-Motion for Adm. To return with funding sources to participate in the shelter match program. 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. 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. 8/24/17-leave on list for Chief Holloway to come back with grant info for Shot Spotter. 8/4/16 Kornell K. King 9/28/17-Per Dr. Cornwell this is on the schedule to be kicked off at the start of the year.
12 Discussion of Brown & Caldwell s delay 7/12/18 Kornell Legal in providing City Council with a copy of Draft Technical Memo. No. 3, 3rd Party Recommendations of CHP & Biogas upgrading & what the legal options regarding Guild s reported failure to fulfill contractual obligations. 13 Requesting a report from legal on HB 1149 concerning reclaimed water 4/5/18 5/31/18 Kornell Legal (J. Wallace) 14 Sculpture Walk St. Pete 2/7/17 9/28/17 Public Arts W. Atherholt Commission J. Kovilaritch 15 Private Laterals Pilot Rebate Program 3/2/17 4/13/17 2/8/18 Kornell C. Tankersley M. Dema 5/31/18 Continue discussion at a later date 2/7/17-verbally referred by CM Kornell during Public Arts Commission report at Council meeting. 9/28/17-moved to ask Adm. to work with Mr. Rodgers to develop a plan and bring back to PS&I 1) What has been discussed at County level 2) Pros/cons on programs they have seen 3) Issues that have to be dealt with from both perception level and policy level 4) Ideas of what next steps can be made 5) How many manholes have been repaired and how many are in need of repair in study area 6) How do we fund a program 7) Legal - is there a basis in the law if we are faced with a health safety issue, what rights do we have going on private property and inspecting (pipes) 4/13/17-Tankersley stated we will follow up on timing for the next PSI report 2/8/18-Committee moved to approve the Private Lateral Repair and Replacement Pilot program. 16 Noise Ordinance 10/13/15 6/16/16 1/27/17 4/12/18 9/20/18 Nurse Kornell L. Abernethy 6/16/16-Urban Construction Task Force Report; C. Tankersley to return with a report on cooling systems. Rick Dunn to return with a report on how other cities handle noise/recommended changes. 1/27/17- Planning & Eco Dev to include mechanical noise issues as a component for proposed changes. 4/12/18-Continue discussion to include requests from: CM Gabbard on cost of noise enforcement officers. CM Kornell on structural overview + police department report. CM Montanari on immediate steps Council can take to reduce the issue. 9/20/18-Committee voted to move forward with Option #1 & staff to return with amended ordinance PS&I Dates: 2018-1/11, 1/25, 2/8, 2/22, 3/8, 3/22, 4/12, 4/26, 5/31, 6/14, 7/12, 7/26, 8/9, 8/30, 9/13, 9/20, 10/11, 10/25, 11/15, 11/29, 12/13 2019-1/10, 1/24
Once a Week Collection Service
Once a Week Collection Service New Business Item: ACTION DESIRED: Requesting a referral to the PS&I Committee to discuss providing relief to seniors and low-income residents, allowing them to request one garbage pickup per week, regardless of lot size. Many seniors on a fixed incomes have lower rates of garbage accumulation, and should be allowed to request one pickup per week as a cost-saving measure. Ed Montanari, Council Member District 3
Current City Code Criteria Ninety-gallon bulk garbage container service (once-per-week). a. Once-per-week collection status will be made available. To qualify, the customer must make application to the POD, and meet all of the following criteria: 1. Have a single-family residence; 2. Have a household consisting of only one or two persons; 3. Have a lot size of 8,500 square feet or less; and 4. In the billing month, have water consumption of 5,000 gallons or less. If water consumption exceeds 5,000 in a given month, then the twice-per-week rate shall apply. The once-per-week status will be granted to customers who share a large automated bulk garbage container if they meet the criteria of this subsection (a)(2)a. b. Single-family residence, once-per-week, monthly charge... 17.69 c. Once a week garbage collection service will be withdrawn and twice a week garbage service instituted at the prescribed charge therefor upon 15 days' written notice to the customer (occupant or owner) with the notice provided by regular United States mail or by delivery to the premises served. Notice shall be complete upon mailing or delivery. Such notice shall be given if the POD determines that one of the following has occurred in connection with the once a week service: 1. A potential or actual health hazard or odor problem has occurred or is occurring due to the once a week garbage service; or 2. Sufficient material is being placed in the container that once a week service is not adequate for removal.
Current City Code Criteria The owner or occupant given such notice may appeal the decision to withdraw once a week service by giving written notice thereof in the manner and to the person prescribed in the notice of withdrawal of once a week service along with payment of the prescribed fee therefor. The notice of appeal must be actually delivered to and stamped received by the POD within ten days of the date of mailing of the notice of withdrawal of once a week service. The Mayor shall by administrative regulation provide for the processing of appeals including the amount of the fee therefor and who shall determine appeals. All appeals shall be determined according to the evidence presented. The appellant and the POD shall have a right to be present and present evidence and be heard. The strict rules of evidence shall not apply. e. If once a week garbage service has been withdrawn as provided herein it shall not be reinstituted until one year has elapsed and then only upon proper application.
Once a Week Collection Background Program first initiated in 1985 Lot size requirement was 7,500 square feet or less Limited to one person household Change to lot size criteria in 1986 Lot size requirement raised to 8,500 square feet or less Change to household size and addition of recycling requirement in 2012 Two person household included provided household had recycling service Recycling requirement for two person household eliminated in 2014 with the implementation of city wide curbside and alley recycling.
Once a Week Collection Current Program 1,530 current participants for once a week collection 1,278 with curbside pick up 252 with alley pick up Approximately 290 applicants denied since January 2016 Annual cost saving for participant - $55.68 Current annual revenue decrease to Sanitation Department for program - $85,190 Current number of households that qualify by lot size and water usage (does not account for household size) 24,306
Once a Week Collection Potential Changes Increase lot size requirement or eliminate 5000 gal. Single Family (R10) Sq. Ft. <8,500=24306 Sq. Ft. <9000=25181 Sq. Ft. <10000=27397 Sq. Ft. <11000=28832 Sq. Ft. <12000=29679 Sq. Ft. <13000=30358 Sq. Ft. <14000=30696 Sq. Ft. <15000=30902 Eliminate Sq. Ft. = 33725 Reinstitute recycling requirement
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