December 1, 2011

8:30 AM

 

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.

GENERAL AGENDA INFORMATION

 

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 two weeks preceding the regularly scheduled Council meeting. The agenda and backup material is also posted on the City’s website at www.stpete.org and generally electronically updated the Friday preceding the meeting and again the day preceding the meeting. The updated agenda and backup material can be viewed at all St. Petersburg libraries. An updated 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.

 


December 1, 2011

8:30 AM

 

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.          Public Hearings and Quasi-Judicial Proceedings - 9:00 A.M.

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.

1.         Ordinance 078-HL approving the designation of the Jennie Hall Pool Complex, located at 2650 - 10th Avenue South, as a local historic landmark. (City File HPC 11-90300001)

 

 
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2.         Ordinance 079-HL approving the designation of the Mathis Residence, located at 7321 - 3rd Avenue North, as a local historic landmark. (City File HPC 11-90300002)

 

 
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3.         Ordinance 080-HL approving the designation of the Lantern Lane Apartments, located at 340 Beach Drive Northeast, as a local historic landmark. (City File HPC 11-90300003)

 

 
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4.         Appeal of the Development Review Commission (DRC) approval of a site plan modification to construct a 107,000 sq. ft. medical office building and a six (6) story parking garage for St. Anthony's Hospital. (City File 11-31000016 Appeal)

 

 
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E.          Reports

1.         Central Avenue Corridor Update.  (Oral)

 

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

 

 
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3.         Approving a resolution recommending that Project B1102753079, a confidential project pursuant to Section 288.075, Florida Statutes, be approved as a Qualified Target Industry (QTI) Business, pursuant to Section 288.106, Florida Statutes, committing $105,000 as the City's share of the local financial support for the Project.

 

 
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4.         Update on the Pedal Bus Ordinance (1-H) and Insurance Requirements. (Oral)

 

 
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5.         Approving the Standard Form Memorandum of Understanding between Bob Gualtieri, Sheriff of Pinellas County, Florida ("Sheriff") and the City of St. Petersburg, Florida in the amount of $100,000 to provide operational support for Pinellas Safe Harbor for the period October 1, 2011 through September 30, 2012; authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction; and providing that the Mayor or his designee is authorized to execute the Standard Form Memorandum of Understanding with the Sheriff in future years if (1) funds to Sheriff are appropriated in future fiscal year budgets adopted by City Council and (2) if there are no substantive changes to the Standard Form Memorandum of Understanding.

 

 
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6.         Authorizing the Mayor or his designee to execute the Standard Form Agreement between the City of St. Petersburg and Catholic Charities, Diocese of St. Petersburg, Inc. ("Agency") in the amount of $100,000 to provide services and operating expenses for Pinellas Hope for the period October 2, 2011 through September 30, 2012; and providing that the Mayor or his designee is authorized to execute the Standard Form Agreement in future years if (1) funds are appropriated to Agency in future fiscal year budgets adopted by City Council and (2) if there are not substantive changes to the Standard Form Agreement.

7.         Pinellas Planning Council.  (Oral) (Chair Kennedy)

8.         Emergency Medical Services (EMS).  (Oral) (Chair Kennedy)

 

 
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F.           New Ordinances - (First Reading of Title and Setting of Public Hearing)

Setting December 15, 2011 as the public hearing date for the following proposed Ordinances:

1.         Ordinance approving and adopting a Development Agreement with the University of South Florida Board of Trustees. (City File USFSP-2011)

 

 
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2.         Ordinance amending the Comprehensive Plan to implement legislative requirements of Chapter 163, Part II, Florida Statutes, related to the annual update of the Capital Improvements Element. (City File CIE-2011)

 

 
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3.         Ordinance amending Chapter 19 of the St. Petersburg City Code by creating a new subsection 19-41 (e) (6) providing for circumstances in which a pain management clinic may be declared a nuisance.

 

 
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4.         Ordinance amending Sections 27-113(b), 27-303(a), and 27-314(e)(1) of the St. Petersburg City Code correcting typographical errors.

 

 
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5.         Ordinance of the City of St. Petersburg amending Section 26-49 (procedures for appeal and recovery of vehicle) of the St. Petersburg City Code to correct typographical and numbering errors.

 

 
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G.          New Business

H.          Council Committee Reports

1.         Co-Sponsored Events Committee.  (11/14/11)

 

 
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(a)    Resolution approving events for co-sponsorship in " name only" by the City for Fiscal Year 2011-2012; waiving the requirements of Resolution No. 2000-562(a)8 for the co-sponsored events to be presented by Competitor Group, Inc., Live Nation Entertainment, Inc., Backline Music Group, LLC, and Active Endeavors, Inc.; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

I.             Legal

1.         Authorizing the issuance of a Non-Ad Valorem Revenue Note, Series 2011 of the City in the principal amount of not to exceed $22,000,000 to currently refund the City's outstanding Non-Ad Valorem Revenue Note, Series 2008A and to pay associated transactional costs.

 

 
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J.            Open Forum

 

K.          Adjournment

Consent Agenda I


Consent Agenda A


December 1, 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.

(Purchasing)

1.         Renewing blanket purchase agreements with J.H. Williams Oil Company, Inc. for gasoline and diesel fuel and Port Consolidated, Inc. for bio-diesel fuel at an estimated annual cost of $5,905,320  $5,904,487.

 

 
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2.         Renewing a blanket purchase agreement with Odyssey Manufacturing Co. for sodium hypochlorite at an estimated annual cost of $1,248,200.

 

 
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(Public Works)

3.         Authorizing the Mayor or his designee to execute Change Order No. 1 to the contract with Frederick Derr and Company, Inc. in the amount of $129,000 for the North Bay Trail Project for a total contract amount of $933,784.30.  FPN 424532 7 58 01 (Engineering Project No. 09018-212; Oracle No. 12354 and 12773)

 

 
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Consent Agenda II


Consent Agenda B


December 1, 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.

(Purchasing)

1.         Approving the purchase of a replacement bulldozer for the Fleet Management Department from Ring Power Corporation at a total cost of $253,342.

 

 
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2.         Approving the renewal of an agreement with Elgin Sweeper Company for the purchase of new and refurbished street sweepers and parts; and approving the purchase of two new street sweepers for the Fleet Management Department at a total cost of $396,059.

 

 
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3.         Renewing a blanket purchase agreement with Carmeuse Lime & Stone, Inc. for quicklime for the Water Resources Department at an estimated annual cost of $335,425.

 

 
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4.         Approving the purchase of one replacement autocar truck for Fleet Management Department from General GMC Truck Sales and Service, Inc. at a total cost of $319,768.

 

 
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5.         Awarding blanket purchase agreements for janitorial supplies to Southeastern Paper Group Co., Sani-Chem and American Chemical and Building Maintenance for janitorial supplies at an estimated annual cost of $304,000.

 

 
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6.         Approving a change order to CompBenefits Insurance Company for voluntary PPO dental insurance coverage in the amount of $30,000 which increases the total contract price to $288,032.

 

 
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7.         Renewing an agreement with AGC Electric, Inc., a sole source supplier, for pedestrian crosswalk rectangular rapid flashing beacon (RRFB) assemblies, a sole source supplier, for the Transportation & Parking Department at an estimated annual cost of $100,000.

 

 
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8.         Renewing an agreement with Crowder-Gulf Joint Venture, Inc. for storm debris removal and disposal services.

 

 
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9.         Approving the donation of used laser/ink jet cartridges to the Imagine School at St. Petersburg for recycling.

 

 
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(City Development)

10.     Resolution initiating an application to vacate of the public utility easement generally located at 300 - 38th Avenue North. (City File 11-33000002)

 

 
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11.     Authorizing the Mayor or his designee to execute a Third Amendment to the City of St. Petersburg's September 27, 2007 Lease Agreement with Harborage Marina, L.L.C. amending the leasehold mortgage payment schedule.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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(Miscellaneous)

12.     Resolution declaring the 27th Annual National Dr. Martin Luther King, Jr. Drum Major for Justice Parade which is to take place on January 16, 2012, to be a Special Event within the meaning of Section 16.70.030.1.5. C.1. of the St. Petersburg City Code; and delineating boundaries and time within which the declaration is to be effective.

 

 
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13.     Approving the Standard Form Memorandum of Understanding between Bob Gualtieri, Sheriff of Pinellas County, Florida ("Sheriff") and the City of St. Petersburg, Florida in the amount of $100,000 to provide operational support for Pinellas Safe Harbor for the period October 1, 2011 through September 30, 2012; authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction; and providing that the Mayor or his designee is authorized to execute the Standard Form Memorandum of Understanding with the Sheriff in future years if (1) funds to Sheriff are appropriated in future fiscal year budgets adopted by City Council and (2) if there are no substantive changes to the Standard Form Memorandum of Understanding.  [Moved to Reports as E-5]

 

 
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14.     Authorizing the Mayor or his designee to execute the Standard Form Agreement between the City of St. Petersburg and Catholic Charities, Diocese of St. Petersburg, Inc. ("Agency") in the amount of $100,000 to provide services and operating expenses for Pinellas Hope for the period October 2, 2011 through September 30, 2012; and providing that the Mayor or his designee is authorized to execute the Standard Form Agreement in future years if (1) funds are appropriated to Agency in future fiscal year budgets adopted by City Council and (2) if there are not substantive changes to the Standard Form Agreement.  [Moved to Reports as E-6]

 

 
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15.     Approving cost-of-living adjustments to retirees and beneficiaries of the City Employees' Retirement System.

 

 
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16.     Amending City Council Resolution Numbers 2011-327, 2011-328, 2011-329, and 2011-330 to extend the Florida Housing Finance Corporation ("FHFC") Low Income Housing Tax Credit approval date from June 30, 2012 to December 30, 2012, for the Lansing Apartments, Campbell Landings Apartments, Urban Edge Apartments, and Urban Edge Family Apartments ("APPLICANTS");  providing that all other provisions of Resolution Numbers 2011-327, 2011-328, 2011-329, and 2011-330 not amended herein shall remain in full force and effect; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
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End notes

 

 

 


 


Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, December 8, 2011, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, December 8, 2011, 9:15 a.m., Room 100

 

Housing Services Committee

Monday, December 8, 2011, 10:30 a.m., Room 100 (REVISED)

 

 

CRA/Agenda Review & Administrative Update

Thursday, December 8, 2011, 1:00 p.m., Room 100

 

 

Youth Services Committee

Thursday, December 15, 2011, 8:00 a.m., Room 100

 

SEIU/Florida Public Services Union Impasse Hearing

Thursday, December 15, 2011, 9:00 a.m., Council Chamber

 

City Council Workshop

Thursday, December 15, 2011, 1:30 p.m., Room 100

 

Selection of Council Chair and Vice Chair

Setting of Council 2012 Calendar

 

 


 

 

Affordable Housing Advisory Committee (SHIP)

5 Regular Members in the following categories: banking/mortgage banking industry in connection with affordable housing; for-profit provider of affordable housing; real estate professional in connection with affordable housing; representative of employers within the jurisdiction and a representative of essential services personnel, as defined in the local housing assistance plan.

(Terms expire 6/4/14)

 

Arts Advisory Committee

2 Regular Members

(Terms expire 9/30/12 & 9/30/14)

 

City Beautiful

2 Regular Members

(Terms expire 12/31/11 &  12/31/12)

 

 

 

 

 

Civil Service Board

3 Alternate and 1 Regular Member

(Terms expire 6/30/13 and 6/30/14)

 

International Relations Committee

1 Regular Member

(Term expires 12/31/13)

 

Public Arts Commission

3 Regular Members

(Terms expire 4/30/13, 2/28/14 &

4/30/15)

 

 

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.