April 21, 2011

3:00 PM




Welcome to the City of St. Petersburg City Council meeting.  To assist the City Council in conducting the City’s business, we ask that you observe the following:


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.



For your convenience, a copy of the agenda material is available for your review at the Main Library, 3745 Ninth Avenue North, and at the City Clerk’s Office, 1st Floor, City Hall, 175 Fifth Street North, on the Monday preceding the regularly scheduled Council meeting. The agenda and backup material is posted on the City’s website @ www.stpete.org.  A copy is also available on the podium outside Council Chamber at the start of the Council meeting.


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.


April 21, 2011

3:00 PM


Council Meeting

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.

Open Forum


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)

E.          Reports

1.         Intersection Traffic Safety Program:



(a)    Red Light Camera Program Overview.

(b)   Awarding a contract to furnish, install, operate and maintain a traffic infraction detector program to American Traffic Solutions, Inc. (ATS)

2.         Tampa Bay Regional Planning Council. (Oral) (Councilmember Newton)



3.         Update on Pinellas Suncoast Transit Authority (PSTA), Metropolitan Planning Organization (MPO) and Tampa Bay Area Regional Transportation Authority (TBARTA).  (Councilmember Danner)  (Oral)



4.         Approving a resolution with Progress Energy concerning the payment of certain fees.



F.           New Business

1.         Requesting City Council consider the implementation of a Youth Services Committee to make policy recommendations regarding youth related services and programs.  (Councilmember Kornell)



2.         Requesting City Council request that the Legal department prepare an ordinance to restrict public feedings in our downtown parks.  (Councilmember Nurse)



G.          Council Committee Reports

1.         Committee of the Whole.  (4/7/11)



(a)    Resolution of the City Council providing for the waiver of section 21-102 (f) of the city code relating to approval of projects and allocation of monies from the Parks Preservation Fund (aka the Weeki Wachee Special Revenue Fund); approving a transfer of $1,600,000 from the unappropriated balance of the Parks Preservation Fund to the Weeki Wachee Capital Projects Fund to be committed for acquisition of the lease, development and maintenance of a park to be located at the site of the former Rio Vista Elementary School; providing that the money for this park shall not be invested in any investment that does not guarantee the preservation of the principle; providing that no money in the Weeki Wachee Capital Projects Fund shall be spent without the approval of City Council by Resolution; appropriating $25,000 from the Weeki Wachee Capitol Projects Fund for preliminary work and costing on the Rio Vista Park Project; providing that in the event the ordinance providing for the use of the Weeki Wachee Special Revenue Fund is amended to split the fund so that the earnings from the principal resulting from the sale of the non waterfront parcel can be used in a different manner than the purposes specified in the referendum for the sale of the waterfront parcel, the $1,600,000 shall be considered as having been taken from the interest attributed to the sale of the waterfront parcel.

2.         Budget, Finance & Taxation Committee.  (4/14/11)



(a)    Resolution approving the short-list of offerors and authorizing the Budget, Finance and Taxation Committee Chair to proceed with presentations and evaluation of offerors for an agreement for external audit services.

3.         Public Services & Infrastructure Committee.  (4/14/11)



4.         Arts Funding Committee.  (4/14/11)




H.          Legal

I.             Public Hearings and Quasi-Judicial Proceedings - 6:00 PM

Public Hearings


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.

1.         Confirming the preliminary assessment for Lot Clearing Number 1489.



2.         Confirming the preliminary assessment for Building Demolition Number 381.



3.         Confirming the preliminary assessment for Building Securing Numbers 1150 and 1151.



4.         Ordinance 1014-G amending Section 26-159 of the St. Petersburg City Code regarding limitations on parking domestic equipment in residential areas; changing the time restrictions on parking domestic equipment in the right-of-way; and providing for clarifications.



5.         Ordinance 1015-G providing for the sale and consumption of beer and wine only for a Special Event to be held on April 29, 2011 during the prohibited hours; and providing exemptions from certain City Code Sections.



First Reading and First Public Hearings

Setting June 2, 2011 as the second reading and second public hearing date for the following proposed Ordinances:

6.         Proposed text amendments to the Local Government Comprehensive Plan. (City File LGCP-2011-01)



(a)    Ordinance amending the Comprehensive Plan pursuant to Chapter 163, Part II, F.S., related to the adoption of text amendments to the General Introduction and Definitions, Future Land Use Element, Coastal Management Element and Transportation Element.

(b)   Resolution transmitting the proposed amendments for state, regional and county review, in accordance with Chapter 163, F.S., and Rule 9J-11, F.A.C.

Quasi-Judicial Proceedings


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.


7.         Appeal of Development Review Commission (DRC) denial of a Special Exception and related site plan approval to convert an existing building to a social service agency use for short-term housing, located at 400 - 23rd Street South. (City File 10-32000006 Appeal)




J.            Open Forum



K.          Adjournment

Consent Agenda I

Consent Agenda A

April 21, 2011


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.         Accepting a bid from R. Krueger Construction, Inc. to paint and waterproof four municipal office buildings and to replace the carpet and base at the Municipal Services Center at a total cost of $871,166.10; approving a transfer in the amount of $275,000 from the unappropriated balance of the Municipal Office Buildings Fund (5005) to the General Capital Improvement Fund (3001); and approving a supplemental appropriation in the amount of $275,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001) resulting from this transfer to the MSC Repairs and Upgrades Project (11672).



2.         Renewing blanket purchase agreements with Air Mechanical & Service Corp. and Engineered Air Systems, Inc. for heating, ventilation and air conditioning (HVAC) maintenance at various city locations for an estimated annual cost of $582,000.



Consent Agenda II

Consent Agenda B

April 21, 2011


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.         Approving a change order to increase the allocation for the demolition and removal of structures with Cross Construction Services, Inc; Cross Environmental Services, Inc.; E.L. Trevena, Incorporated; H & H Fergusons’ Contracting, Inc; Huffman General Contractors, Inc; Kimmins Corp; and Sonny Glasbrenner, Inc. in the amount of $135,000 for a new annual total cost not to exceed $340,000.



2.         Approving the purchase of replacement riding lawn mowers from Wesco Turf, Inc. for the Parks and Recreation Department at a total cost of $335,580.



3.         Approving the purchase of 16 replacement all-terrain utility vehicles from Gulf Coast Turf and Tractor, LLC dba Gulf Coast Tractor and Equipment for the Parks and Recreation Department at a total cost of $153,904.



4.         Accepting a bid from Revere Control Systems, Inc. for replacement of a water filtration system at the Northeast Water Reclamation facility for the Water Resources Department at a total cost of $149,900.



5.         Awarding a blanket purchase agreement to Custom Concepts of St. Petersburg, Inc. for work uniforms at an estimated annual cost of $115,000.



6.         Awarding blanket purchase agreements to Safety Products, Inc. and Saf-T-Gard International, Inc. for safety clothing and supplies at an estimated annual cost of $110,800.



(City Development)

7.         Resolution finding that payment of all closing related costs, including documentary stamps, for acquisition of the property described herein serves a City purpose; authorizing the Mayor or his designee to purchase one (1) improved parcel located at 2526 - 8th Avenue South, St. Petersburg, Florida for the sum of $18,000; and to pay all closing related costs, including documentary stamps, not to exceed $5,000.



8.         Approving the 2010 Annual Report for the Intown Areawide Development of Regional Impact (IADRI).



9.         Resolution appointing Chris Steinocher as the 'Local Chamber of Commerce" representative to the Board of Commissioners of the Enterprise Zone Development Agency ("EZDA") to fill the remainder of the unexpired term, expiring April 20, 2013; appointing Bill Griffiths as the "Private Industry Council" representative and Gary Bush as the "Local Code Enforcement Agency" representative to the Board of Commissioners of the EZDA to each serve a four year term, expiring April 20, 2015; reappointing Chief Chuck Harmon, "Local Law Enforcement Agency" representative, Steve Kornell, "Councilmember from the Zone (District 5)," Karl Nurse, "Councilmember from the Zone (District 6)," and Wengay Newton, "Councilmember from the Zone (District 7)," to the Board of Commissioners of the EZDA to each serve a new four year term, expiring on April 20, 2015; and appointing Steve Kornell and Leslie Curran as Chair and Vice-Chair of the EZDA, respectively, for a one year term, expiring April 20, 2012.



10.     Authorizing the Mayor or his designee, to execute Supplemental Joint Participation Agreement Number 2-FPN: 422501-1-94-01, Contract No:  AOZ18 ("SJPA") between the City of St. Petersburg and the Florida Department of Transportation, which provides $819,839 for wharf and infrastructure repair at the Port, establishes an expiration date for the SJPA of June 30, 2016, and requires City matching funds in the amount of $273,780; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.



(Public Works)

11.     Resolution to rescind a previous appropriation in the amount of $65,000 in the Water Resources Capital Projects Fund (4003) for Lift Station #53 Twin Brooks FY11 12959); and approving a supplemental appropriation in the amount of $65,000 for the Lift Station #31 Miles Pine FY 11 (13161).




12.     Approving minutes of the February 3, February 10 and February 17, 2011 City Council meetings.



13.     Approving a resolution with Progress Energy concerning the payment of certain fees.  [Moved to Reports as E-4]



End notes











Note:  An abbreviated listing of upcoming City Council meetings.



Budget, Finance & Taxation Committee

Thursday, April 28, 2011, 8:00 a.m., Room 100


Public Services & Infrastructure Committee

Thursday, April 28, 2011, 9:15 a.m., Room 100


Housing Services Committee

Thursday, April 28, 2011, 10:30 a.m., Room 100



CRA/Agenda Review & Administrative Updates (May 5, 2011)

Thursday, April 28, 2011, 1:30 p.m., Room 100



Committee of the Whole- Weeki Wachee/CIP Process

Thursday, April 28, 2011, 2:00 p.m., Room 100



Council Workshop – New Police Facility

Thursday, April 28, 2011, immediately following the Committee of the Whole, Room 100







Fiscal Year 2012 Budget Summits – 6:00 p.m.

April 27 at Willis S. Johns Recreation Center, 6635 9th Street North

May 18 at Azalea Recreation Center, 1600 72nd Street North

June 22 at Lake Vista Recreation Center, 1401 62nd Avenue South


City Beautiful

6 Regular Members

(Terms expire 12/31/11, 12/31/12 & 12/31/13)


Commission on Aging

1 Regular Member

(Term expires 12/31/13)



International Relations Committee

2 Regular Members

(Terms expire 12/31/13)


Nuisance Abatement Board

4 Regular and Alternate Members

(Terms expire 8/31/12, 11/30/12, 12/31/12 & 12/31/13))






End notes for Quasi (delete if unneeded)


End notes for Quasi (delete if unneeded)



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.