May 3, 2012

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.


May 3, 2012

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.

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.      Ordinance 1035-V approving a partial vacation of a public sidewalk and utility easement along the northern side of 5th Avenue North between Jackson Street North and 14th Street North. (City File 11-33000015)

 

 
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2.      Ordinance 1036-V approving a vacation of 5th Street South between 17th Avenue and 18th Avenue South and portions of the east-west alleys lying west of 5th Street South. (City File 11-33000016)

 

 
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3.      Ordinance 18-H amending Section 4-56 of the St. Petersburg City Code regarding removal of dog excreta from certain public and private property.

 

 
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4.      Approving a substantial amendment to the City's FY2011-2012 Annual Action Plan ("Amendment") to add a strategy to utilize $54,584 in funding from the U.S. Department of Housing and Urban Development ("HUD") for the new Emergency Solutions Grant; and authorizing the Mayor or his designee to submit the Amendment to HUD and to execute all documents necessary for implementation of the Amendment.

 

 
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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.

5.      Ordinance 081-HL approving the designation of the First Church of Christ, Scientist (Palladium Theater), located at 253 - 5th Avenue North, as a local historic landmark. (City File HPC 12-90300001)

 

 
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E.       Reports

1.      Police Update.  (Oral)

 

 
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2.      Resolution recommending that Project B2040231618 ("Project"), a confidential project pursuant to Section 288.075, be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes; finding that the commitments of local financial support necessary for the Project exist; committing $105,000 as the City's share of the local financial support for the Project, beginning in State FY 2014, under the Tax Refund Program for Qualified Target Industry Businesses to be paid to the Florida Economic Development Trust Fund, subject to annual appropriation and conditioned on the Project meeting statutory requirements; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

 

 
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3.      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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4.      Gateway Welcome Structure.  [To be heard at 10:30 a.m.]

 

 
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5.      Authorizing the Mayor or his designee to execute a First Amendment to the Lease Agreement between City of St. Petersburg, Florida and American Towers, Inc. ("Original Lessee"), with American Towers, LLC, a Delaware limited liability company authorized to transact business in the State of Florida, successor in interest by conversion to the Original Lessee.

 

 
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6.      Tampa Bay Water.  (Councilmember Nurse) (Oral)

 

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

Setting May 17, 2012 as the public hearing date for the following proposed Ordinance(s):

1.      Approving a vacation of a 20-foot radius street easement at the southeast corner of 4th Street North and 10th Avenue North. (City File 12-33000002)

 

 
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2.      Ordinance in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, authorizing the restrictions contained in Assurances ("Grant Assurances") which are set forth in the Grant Documents to be executed by the City, as a requirement for receipt of the Federal Aviation Administration ("FAA") Grant ("Grant") in an amount not to exceed $810,900 which require that the City will not sell, lease, encumber or otherwise transfer or dispose of any part of the City's right, title, or other interests in Albert Whitted Airport ("Airport"), nor cause or permit any activity or action on the Airport which would interfere with its use for airport purposes, for a period not to exceed 20 years from the date of acceptance of the grant; authorizing the Mayor or his designee to apply for and accept the Grant in an amount not to exceed $810,900; authorizing the Mayor or his designee to execute all documents necessary to effectuate this Ordinance; approving a supplemental appropriation from the increase in the unappropriated balance of the Airport Capital Improvement Fund (4033) resulting from these additional revenues in the amount of $269,100 to the Airport - Taxiway "A-1" and South Apron Construction project (12477); providing an effective date; and providing for expiration.

 

 
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3.      Ordinance amending Sections 10-31, 10-40 and 10-41 of the St. Petersburg City Code; clarifying certain provisions related to polling places; and creating a new Section 10-30 to provide for redistricting by the Citizen's Redistricting Commission as required by the Charter.

 

 
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4.      Ordinance amending Chapter 16 which allows docks abutting single family homes in certain locations which is required to be processed by the settlement in the Bayou Bonita lawsuit

 

 
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G.       New Business

1.    Referring to the Co-Sponsored Events Committee for discussion permits for park use to include noise level limitations.  (Councilmember Nurse)

 

 

 

 

H.       Council Committee Reports

1.      Youth Services Committee.  (4/19/12)

 

 
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2.      Budget, Finance & Taxation Committee.  (4/26/12)

 

 
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3.      Public Services & Infrastructure Committee.  (4/26/12)

 

 
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4.      Housing Services Committee.  (4/26/12)

 

 
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(a)   Resolution authorizing the Mayor or his designee to accept an estoppel affidavit and a deed in lieu of foreclosure from New Millennial, LLC, for the property located at 2937 3rd Avenue South, St. Petersburg, Florida ("Property"); with the City to pay delinquent taxes in the amount of $5,600; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

I.         Legal

1.      Clarification of Fire Readiness Fee Contract.

 

 
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J.        Open Forum

K.       Adjournment

Consent Agenda I


Consent Agenda A


May 3, 2012

 

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.      Approving a change notice in the amount of $296,000 to the two-year blanket purchase agreements with Playcore Wisconsin, Inc., Playpower LT Farmington, Inc., Miller Recreation Equipment and Design, Inc., Alpha Playground Services, Inc., Rep Services, Inc. and Playmore West, Inc. for a total combined contract amount of $796,000.

 

 
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(Public Works)

2.      Authorizing the Mayor or his designee to execute a modification to the First Amendment to the District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation (FDOT) for the purpose of modifying the amount of the FY 2011-2012 reimbursement appropriation from a not to exceed amount of $1,000,000 to a not to exceed amount of $1,545,000; and approving a supplemental appropriation in the amount of $545,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the FDOT Right of Way Landscape Improvements Project (13119).

 

 
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Consent Agenda II


Consent Agenda B


May 3, 2012

 

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 two replacement trucks from Navistar, Inc. for the Fleet Management Department at a total cost of $255,649.

 

 
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2.      Renewing a blanket purchase agreement with Smith Industries, Inc., d/b/a Smith Fence Company, for fencing and repairs at an estimated annual cost of $270,000.

 

 
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3.      Renewing blanket purchase agreements with Tri-City Electrical Contractors, Inc. and Electrical Engineering Enterprises, Inc. for electrical maintenance and repairs at an estimated annual amount of $225,500.

 

 
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4.      Awarding two-year blanket purchase agreements to Gulf States Industries, Inc., McMullen Roofing, Inc. and Tarheel Roofing, Inc. for roof repairs and replacement at a combined estimated annual amount of $150,000.

 

 
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(City Development)

5.      Approving the plat of Twin Brooks Apartments, generally located at 3450 - 24th Avenue South. (City File 09-20000009)

 

 
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6.      Accepting a donation of $20,000 from BionX International Corporation for Marina improvements; approving a transfer in the amount of $20,000 from the unappropriated balance of the Marina Operating Fund (4041) to the Marina Capital Projects Fund (4043); approving a supplemental appropriation in the amount of $20,000 from the increase in the unappropriated balance of the Marina Capital Projects Fund (4043) resulting from this transfer to the Marina Facility Improvements Project (12862); and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
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7.      Authorizing the Mayor or his designee to execute a First Amendment to the Lease Agreement between City of St. Petersburg, Florida and American Towers, Inc. ("Original Lessee"), with American Towers, LLC, a Delaware limited liability company authorized to transact business in the State of Florida, successor in interest by conversion to the Original Lessee.  [Moved to Reports as E-5]

 

 
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(Leisure & Community Services)

8.      Authorizing the Mayor or his designee to execute a one hundred and twenty (120) day State of Florida Department of Transportation ("FDOT") Supplemental Agreement  between the City and FDOT to provide grounds maintenance for certain highway and parkway facilities within FDOT's right-of-way in, and adjacent to, the City in the amount of $93,583.84.

 

 
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(Miscellaneous)

9.      Approving minutes of the March 1, March 8, March 15 and March 30, 2012 City Council meetings.

 

 
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End notes

 

 

 

 

 

 

 

 

 


Note:  An abbreviated listing of upcoming City Council meetings.


Council FY 2013 Operating Budget Workshop

Tuesday, May 8, 2012, 8:30 a.m., Room 100

 

 

Budget, Finance & Taxation Committee

Thursday, May 10, 2012, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, May 10, 2012, 9:15 a.m., Room 100

 

Arts Funding Committee

Thursday, May 10, 2012, 11:00 a.m., Room 100

 

CRA/Agenda Review & Administrative Updates

Thursday, May 10, 2012, 1:30 p.m., Room 100

 

City Council Meeting

Thursday, May 10, 2012, 3:00 p.m., Council Chamber

 

 

Council FY 2013 CIP Budget Workshop

Tuesday, May 15, 2012, 1:00 p.m., Room 100

 

FY 2013 Budget Forum/Summit - 6:00 p.m.

Wednesday, May 16, 2012, Roberts Recreation Center, 1246 50th Avenue North

 

 

Joint Youth Services & Budget, Finance & Taxation Committees

Thursday, May 17, 2012, 8:30 a.m., Room 100

 

Council Workshop

Thursday, May 17, 2012, 10:00 a.m., Room 100

Security Requirements for Downtown Alcoholic Beverage Establishments

 

Consolidated Plan Review Committee

Friday, May 18, 2012, 8:30 a.m., Room 100

 

 

FY 2013 Budget Forum/Summit - 6:00 p.m.

Wednesday, June 13, 2012, Manhattan Casino, 642 22nd Street South


 

Arts Advisory Committee

1 Regular Member

(Term expires 9/30/12)

 

City Beautiful

3 Regular Members

(Terms expire 12/31/12 & 12/31/14)

 

Civil Service Board

3 Alternate Members

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

 

Community Preservation Commission

1 Regular Member

(Term expires 9/30/14)

 

Commission on Aging

2 Regular Members

(Terms expire 12/31/12 & 12/31/14)

 

Planning & Visioning Commission

1 Regular Member

(Term expires 9/30/13)

 

Public Arts Commission

1 Regular Member

(Term expires 2/28/14)

 

 

 

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.