City of St. Petersburg PUBLIC SERVICES & INFRASTRUCTURE COMMITTEE Meeting of MAY 9, :15 A.M. City Hall, Room 100

Transcription

1 City of St. Petersburg PUBLIC SERVICES & INFRASTRUCTURE COMMITTEE Meeting of MAY 9, :15 A.M. City Hall, Room 100 Members and Alternates: Chair Bill Dudley; Vice-Chair, Jeff Danner, Council Members: Wengay Newton, Steve Kornell and Karl Nurse (alternate) Support Staff: David Dickerson, primary staff support; Ken Betz, backup staff support A. Call to Order B. Approval of Agenda C. Approval of Minutes 1. Minutes of April 25, 2013 D. New and Continued Business 1. Sidewalk Cafes - Phillip Lazzara E. Upcoming Meetings 1. May 30, Mobile Food Trucks 2. June 13, Urban Farming F. Pending and Continuing Referral List - September 29, Pending List G. Adjournment

2 Attached documents for item Minutes of April 25, 2013

3 CITY OF ST. PETERSBURG PSI Committee Meeting Minutes April 25, 2013 at 9:23 a.m. PRESENT: ABSENT: ALSO: Committee Members William Dudley, Chair; Jeff Danner, Vice Chair; Steve Kornell and Karl Nurse, Alternate. Wengay Newton. Council Members Leslie Curran, James Kennedy, and Charlie Gerdes; City Administrator Tish Elston; Chief Assistant City Attorney Mark Winn; Assistant City Attorneys Jeanne Hoffmann and Mike Dema; Public Works Administrator Michael Connors; Zoning Official Philip Lazzara; Primary Staff Support Special Projects Manager Evelyn Rosetti; Back up Staff Support David Dickerson; Deputy City Clerk Amelia Preston and others. The meeting was called to order by Chair Dudley at 9:23 a.m. with the above members present. In connection with the agenda for the April 25, 2013 meeting, Committee Member Nurse moved to approve the agenda as submitted. All were in favor of the motion. Absent. Committee Members Kornell and Newton. In connection with the Minutes of the April 11, 2013 meeting, Vice Chair Danner moved to approve the minutes as submitted. All were in favor of the motion. Absent. Committee Members Kornell and Newton. Committee Member Kornell was reported present at 9:25 a.m. In connection with the agenda item relating to the Special Exception update, Chief Assistant City Attorney Mark Winn provided some opening remarks which gave a brief history and shared that they have spent hours on research. Assistant City Attorney Jeanne Hoffmann made a presentation on uses that are considered as special exception uses. She commented that they have looked at case law all over the United States. Ms. Hoffmann provided the Committee with detailed information regarding when someone applies for special exception; that lay testimony does not constitute substantial, competent evidence so there is the need for expert testimony. She stated as it relates to impacts they can only impose conditions related to those impacts, based on criteria set forth in the Code, when the special exception is approved; and there can be no after the fact conditions put in place. It was shared that the fear of something happening at a property could not be considered as a reason for imposition of a condition unless it could be connected back to zoning purpose and that the special exception runs with the land. It was shared that case law on residential homes and transitional homes have federal protection through the Fair Housing Act and Americans with Disability Act.

4 PSI Committee Meeting Minutes April 25, 2013 Page2 Committee Vice Chair Danner stated that everything that has been stated is correct which is why he wanted to take away the zoning issue. He commented on the programs where the conditions have been put in place and the problem is the zoning as opposed to the actual special exception; and used an example that could be addressed as a license as opposed to making it a permanent issue with a specific zoning. Committee Vice Chair Danner expressed concern involving conditions being made pennanent as opposed to temporary which could be addressed by the implementation of a license being required instead of conditions being made that are permanent. Ms. Hoffmann gave some examples of lawsuits that have been filed and commented that anything related to housing in these circumstances will have to follow the Federal Fair Housing Act. It was stated that the biggest concern is the unknown as there is little Florida case law as to special exceptions. Ms. Hoffmann commented that the City can't discriminate because of a disability. There was discussion where concerns were expressed regarding the conditions that would run with the land and not necessarily with the program. Council Member Curran commented on the issue of staffing and the conditions with these types of facilities being located in up-scale neighborhoods. Ms. Hoffmann commented that the City can't dictate staffing or create additional restrictions for the individual running the facility, unless related to an impact created by the special exception. It was shared that it is unknown as to who is going to be running a facility and the City can't limit facilities only to those who would be State regulated and the City is pre-exempted from regulating these types of facilities. Committee Member Kornell commented that he agrees with comments made by Council Member Curran and he highlighted a church that is running a facility to gain money with no real clear cut plan for how to properly run the facility; and stated his concern is not that they do these services but that they are done well. He stated that it is really something that needs to be addressed. He stated that it is the fly by night operator not the ones that have been established. Committee Member Nurse commented on the facilities in his area which are run well and commented on the facility that is an apartment building which is run as a group home but not operated properly. It was shared that the Police Department has been called; however, they continue to be a problem. Council Member Gerdes commented on an example of using a property in a zoning category which was originally permitted as a hotel and then became approved for a special exception as a group home. The group home moves and someone wants to purchase the property previously used as a hotel and impose a use that is not the special exception use; inquired would the special exception use go away. There was discussion regarding the one use and the different Code requirements and the ability to have due process. It was shared that in no way can they impose or create any conditions for a special exception that would be prohibited. Zoning Official Philip Lazzara shared that they can require them to go back before the Board if the use is being changed or amended/changed. Council Member Gerdes inquired who should be called as to an activity related to something that is not criminal. It was stated that they should call Codes as opposed to the Police Department. Council Member Kennedy inquired about the abandoned use and having the ability to make more than one transition. It was asked if there is some place where the information as to

5 PSI Committee Meeting Minutes April 25, 2013 Page 3 properties approved for special exceptions are located and the response was no. It was shared that staff does know those locations where special exceptions have been approved and that have been put in place since It was shared that once they meet the conditions, based on criteria in the Code, the special exception use is permitted; just because the property becomes vacant, the use does not go away. There was discussion regarding the impacts of special exceptions that are in place on the property. It was shared that those objecting to the impact of a special exception would need to have someone that has expertise in that field of that impact to testify against the special exception. It was shared that group homes can overlap by reducing the distance between them; those of another nature would not be able to be modified. It was revealed that if the entity has met all of the conditions for the special exception, they cannot be denied the special exception. Committee Vice Chair Danner commented on the conditions and the lack of ability to change the density for the property and the agency programming is a mismatch. Mr. Winn commented briefly on the operations and conditions that have been approved. He commented on an issue with Safety Harbor and other surrounding municipalities. Ms. Hoffmann commented briefly on the issues and circumstances regarding situations like the Safety Harbor case and responded to those cases which a special exception request can't turn down. Council member Gerdes inquired if they could impose a condition that the owner of the property would be required to have a certain license by the City. It was shared that if the state statutes have created licensing exemptions, the City is preempted from imposing anything. In connection with the agenda item relating to Public Bicycle sharing, Parking and Transportation Director Joe Kubicki made some brief remarks and introduced Cheryl Stacks who made a PowerPoint Presentation which highlighted that the first such program was put in place in 1960's; commented on the first, second and there is a third generation where are programs being developed in over 40 cities nationally; commented on the fourth generation using existing racks expanded corrals/hubs planned; financial self sustaining and there are three phase approaches. Ms. Stacks shared that there are three phases in Tampa; commented on the St. Pete City Trails, proposed business points; program preferences and justification. She stated that there is a private entity that would own and manage the program in the City of St. Petersburg that would be in three phases the same as Tampa. She provided a map of the Downtown Bicycles facilities; commented that they are proposing to seek approval and inquired if the City would consider piggy backing on Tampa's RFP. Committee Member Kornell stated support of piggybacking on Tampa's RFP. Committee Member Nurse moved with the second of Vice Chair Danner that directions be given for Administration to proceed using the suggestion of piggy backing on Tampa's RFP for the Bike Sharing Program. It was shared that under the age of 16 would be required to wear a helmet. It was suggested that helmets be made available at the beginning of the program. It was shared that the City would have no involvement; commented on the rental and advertisement on the back of the bicycle which have GPS. It was shared that a map with the kiosk and whoever is sponsoring the program would be listed. Mr. Kubicki commented briefly on the cost that would be associated. Committee Vice Chair Danner commented on the ability for individuals to utilize their own rental. Council Member Curran commented briefly on her support of the bicycle rental and the importance of wearing a helmet.

6 ----~ PSI Committee Meeting Minutes April 25, 2013 Page4 Committee Member Komell inquired if the City would have any liability. Mr. Winn commented on the requirement that the operator must have insurance. Roll call on the motion Ayes. Dudley, Danner, Nurse and Komell. Nays None. Absent. Newton. City Administrator Tish Elston thanked Evelyn Rosetti for her service to the Committee as Staff Liaison for the last six months and welcomed David Dickerson as the new Staff Liaison and Ken Betz will be his back up person. The Committee thanked her also. There being no further business, the meeting was adjourned at 10:41 a.m.

7 Attached documents for item Sidewalk Cafes - Phillip Lazzara

8 Attached documents for item May 30, Mobile Food Trucks

9 Attached documents for item June 13, Urban Farming

10 Attached documents for item Pending List

11 PUBLIC SERVICES & INFRASTRUCTURE (PS&I) COMMITTEE PREPARED ON MAY 1, 2013 PENDING / CONTINUING REFERRALS TOPIC DATE REFERRED REFERRED BY MEETING DATE(S) RETURN DATE STAFF SPECIAL NOTES 1 2 Public Safety Code Public Safety (From Goal Setting Workshop) Mobile Food Trucks 10/20/11 Curran 06/11/12 Council 06/14/12 Video 11/03/11 12/08/11 - Video 02/23/12 - Video 03/22/12 - Video Date to be obtained by CM Dudley 5/30/13 SPPD Chief Harmon Planning & EcoDev Goodwin Kilborn A presentation responding to select public safety items discussed during City Council s Goal Setting Workshop. Items extracted from that list for discussion include: 1) drug activity; 2) proactive policing; 3) expansion of uniformed personnel; 4) citizen involvement (volunteers) / crime watch. 57/AS278571/AI284216/DO284217/DO_ PDF An overview of "mobile food trucks" and options for allowing their operation in St. Petersburg. 3 Code Towing Ordinance 04/19/12 Newton 65/AS297479/AI300260/DO300261/DO_ PDF 4 Code Urban Farming 07/12/12 Nurse 6/13/13 Planning & EcoDev Goodwin Lazzara Kilborn 38/AS305052/AI306877/DO306878/DO_ PDF A discussion of urban farms including an update and itemized list of existing community gardens. 5 Code Yard Signs 11/2/12 ( ) Council & Staff Planning & EcoDev Goodwin Gerdes Lazzara Discussion on restricting signage in yards other than the front, allowing signs to remain when brought into compliance, allowing text on murals/artwork. 6 Code Sign Ordinance 11/2/12 ( ) Council & Staff Nov 2013 Planning & EcoDev Goodwin Gerdes Discussion on how the changes made to the sign regulations are working. 7 Policy or Program Sidewalk Cafes 6/21/12 5/9/13 Planning & EcoDev Lazzara Page 1 of 2

12 PUBLIC SERVICES & INFRASTRUCTURE (PS&I) COMMITTEE PREPARED ON MAY 1, 2013 TOPIC PENDING / CONTINUING REFERRALS DATE REFERRED REFERRED BY MEETING DATE(S) RETURN DATE STAFF SPECIAL NOTES 8 Policy or Program Summer Jobs 12/6/12 Nurse Sanitation Department Shirley / / / /summer%20jobs doc 9 Policy or Program Unimproved Alleys 12/20/12 Nurse Zoning Department Lazzara / / / /alleys doc 10 Policy or Program Yellow Light Study 4/4/13 Gerdes Trans.Parking Mgt. Kubicki / / / /Yellow%20Light docx 11 Capital Projects Downtown Intermodal Facility Study 10/07/09 Staff Video Date to be obtained by CM Dudley Trans.Parking Mgt. Kubicki Report on site evaluations and RFP. CM Danner gave brief update on 3/28/13. Page 2 of 2