June 7, 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.


June 7, 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.

Presentation:

1.  Resolution of Bereavement to the family of J. Eugene Danzey.

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 22-H amending Division 1, Article V of Chapter 7, amending descriptions of the North, Central and South Basins and creating a description of the Port of St. Petersburg and Bayboro Harbor.

 

 
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2.      Ordinance 23-H of the City of St. Petersburg deleting the existing Article VI of Chapter 7; creating a new Article VI of Chapter 7, anchoring in waterways of St. Petersburg; providing a purpose, intent and definitions; creating Division 1, relating to the regulation of vessels, excluding live-aboard vessels and floating structures, outside the mooring field; creating Division 2, restrictions on live-aboard vessels and floating structures; and creating Division 3, enforcement procedures.

 

 
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3.      Ordinance 24-H amending the St. Petersburg City Code by adding a new Chapter, Chapter 15, to establish a Domestic Partnership Registry.

 

 
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4.      Establishing a new Brownfield Area designation at the northeast corner of 34th Street North and 17th Avenue North, and recommending approval of Sam's East Inc. ("Sam's Club") as a qualified Brownfield business.

 

 
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(a)   Resolution designating a new State of Florida Brownfield Area in the City of St. Petersburg, Florida, established in accordance with Section 376.77-85, Florida Statutes, on property located on the northeast corner of 34th Street North and 17th Avenue North, for the purpose of environmental rehabilitation and economic redevelopment; and authorizing the Mayor or his designee to notify the Florida Department of Environmental Protection of said designation and to take such other actions and execute all documents necessary to effectuate this resolution.

(b)  Resolution recommending that Sam's East Inc. ("Sam's Club") be approved as an eligible business to receive a Brownfield Business to receive a Brownfield Redevelopment Bonus Refund pursuant to Section 288.107, Florida Statutes, for the site legally described herein which is located in a Designated Brownfield Area; requesting a waiver of local financial support pursuant to Section 288.106(1)(k), Florida Statutes; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

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.      Appeal of the Development Review Commission (DRC) approval of a site plan modification for a parcel located on the northern side of 4th Avenue NE between 1st Street North and Bay Street NE, including the removal of certain special conditions associated with the previously approved plan. (City File 12-31000012 Appeal)

 

 
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E.       Reports

1.      Update on USF St. Petersburg - Margaret Sullivan, Regional Chancellor, USF St. Petersburg.

 

 
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2.      Muvico Parking Validation Agreement.

 

 
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3.      CASA Program Agreement Update - Tuesdi Fenter Dyer with Community Action Stops Abuse, Inc. (CASA).

 

 
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4.      Committee to Advocate for Persons with Impairments (C.A.P.I.) 2010/2011 Bi-Annual Report.

 

 
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5.      Police Armored Surveillance Vehicle.

 

 
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6.      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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7.      Tampa Bay Regional Planning Council.  (Vice-Chair Newton) (Oral)

 

 
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8.      Approving an engagement letter submitted by the City's external auditors, Mayer Hoffman McCann, KRMT Tampa Bay Division, for the review of the Transportation Impact Fees (TIF) for the period from January 1, 2004 through December 31, 2011; and approving a transfer in the amount of $50,000 from the General Fund Contingency to the City Council Department.

 

 
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9.      Pinellas Planning Council.  (Councilmember Kennedy)

 

 
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10.    Head Start Lease.

 

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

Setting June 21, 2012 as the public hearing date for the following proposed Ordinances:

1.      Amending the land use and zoning of a subject property, comprised of three platted lots containing four parcels and estimated to be 0.81 acres in size, generally located on the northwest corner of 30th Avenue North and Hartford Street North. (City File FLUM-14)

 

 
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(a)   Ordinance amending the Future Land Use Map designation from Residential Medium (RM) to Planned Redevelopment Mixed-Use (PR-MU).

(b)  Ordinance rezoning the above described property from NSM-1 (Neighborhood Suburban Multifamily) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

2.      Ordinance amending Chapter 16 to provide the process for the creation of a Downtown Waterfront Master Plan as required by the Charter.

 

 
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Setting June 14, 2012 as the public hearing date for the following proposed Ordinance:

3.      Ordinance amending Sections 20-30(i)(7) and 20(i)(12) of the St. Petersburg City Code; and providing for clarification of the process for appeals of the issuance of trespass warnings.

 

 

 
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G.       New Business

1.      Requesting Council refer to the Budget, Finance & Taxation Committee consideration of a splash park to be located upland of the Pier. (Councilmember Nurse)

 

 
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2.      Requesting City Council approve a resolution in support of the Tampa Bay Regional Planning Council hosting the 46th National Association of Regional Councils Annual Conference and to provide assistance with the Host's obligation to secure sponsorships in the amount of $5,000.  (Vice-Chair Newton)

 

 
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3.      Requesting City Council approve a resolution in support of lower interest rates for student loans and continued levels of funding for Pell Grants.  (Councilmember Kornell)

 

 
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H.       Council Committee Reports

1.      Arts Funding Committee. (5/10/12)

 

 
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2.      Joint Youth Services & Budget, Finance & Taxation Committees.  (5/17/12)

 

 
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3.      Co-Sponsored Events Committee.  (5/17/12)

 

 
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4.      Budget, Finance & Taxation Committee.  (5/24/12)

 

 
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5.      Housing Services Committee.  (5/24/12)

 

 
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I.         Legal

J.        Open Forum

K.       Adjournment

Consent Agenda I


Consent Agenda A


June 7, 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.      Awarding a contract to Steve's Excavating and Paving, Inc. in the amount of $760,000 for Reclaimed Water System Prestressed Concrete Cylinder Pipe Replacement.  (Engineering Project No. 00032-311; Oracle No. 13355)

 

 
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2.      Awarding three-year blanket purchase agreements to Air Mechanical & Services Corporation and Engineered Air Systems, Inc. for HVAC Maintenance & Repair Services at an estimated annual cost of $550,000.

 

 
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(Public Works)

3.      Authorizing the Mayor or his designee to execute a one-year contract extension and increase to the contract amount with Reynolds Inliner, LLC in the amount of $227,000 for the Cured in Place Stormwater Pipe Rehabilitation - FY 2010 Project, for a total contract amount of $667,000. (Engineering Project No. 10034-110; Oracle Nos. 12546, 12865 and 13272)

 

 
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Consent Agenda II


 

Consent Agenda B


June 7, 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.      Renewing a blanket purchase agreement with Swift Security, Inc. for security guard services for the Sanitation and Fleet Management departments at an estimated annual cost of $120,870.

 

 
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2.      Awarding a two-year blanket purchase agreement to Fisher Scientific Company, LLC for laboratory, safety supplies and equipment for the Water Resources Department at an estimated annual cost of $120,000.

 

 
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(City Development)

3.      Resolution supporting the designation of the portion of State Road 679 (Pinellas Bayway) from north of the pedestrian crossing to State Road 682 (Pinellas Bayway) as "P.E. "Gene" Carpenter Memorial Highway."

 

 
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(Leisure & Community Services)

4.      Authorizing the Mayor or his designee to accept a grant from the State of Florida Department of Agriculture ("Department") in an amount not to exceed $434,809 for the City's summer food program and to execute a grant agreement and all other documents necessary with the Department; and approving a supplemental appropriation of $434,809 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

 

 
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5.      Accepting a grant from the National Recreation & Park Association (NRPA) in the amount of $40,000 to support the City's summer food service program and afterschool snack program; authorizing the Mayor or his designee to execute a grant agreement and all other documents necessary to effectuate this transaction with NRPA; and approving a supplemental appropriation of $40,000 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

 

 
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(Public Works)

6.      Authorizing the Mayor or his designee to execute a Local Agency Program Agreement between the City of St. Petersburg, Florida ("City"), and the State of Florida Department of Transportation ("FDOT") for participation by FDOT in the design activities of the 30th Avenue North Bicycle Facility Project ("Project") in an amount not to exceed $290,000; authorizing a supplemental appropriation in the amount of $290,000 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the 30th Avenue North Bicycle Facility Project (13640).  (FDOT Financial Project No. 424532 8 38 01)

 

 
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(Appointments)

7.      Confirming the appointment of M. Lee Gunter as a regular member to the City Beautiful Commission to fill an unexpired three-year term ending December 31, 2014.

 

 
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8.      Confirming the appointments of John F. Palumbo and Shirley Howard as regular members to the Commission on Aging to fill unexpired three-year terms ending December 31, 2012 and December 31, 2014, respectively.

 

 
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9.      Confirming the appointments of Jane Egbert and Robert R. Holm as regular members to the Social Services Allocations Committee to serve terms beginning June 7, 2012 and ending September 30, 2015.

 

 
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(Miscellaneous)

10.    Resolution declaring the month of June 2012 as Hurricane Awareness Month.

 

 
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11.    Approving an engagement letter submitted by the City's external auditors, Mayer Hoffman McCann, KRMT Tampa Bay Division, for the review of the Transportation Impact Fees (TIF) for the period from January 1, 2004 through December 31, 2011; and approving a transfer in the amount of $50,000 from the General Fund Contingency to the City Council Department.  [Moved to Reports as E-8]

 

 
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12.    Authorizing the Mayor or his designee to execute a new subordination agreement to replace the existing subordination agreement entered into on July 30, 2010 between the City of St. Petersburg, a municipal corporation, or its successors in interest ("Subordinate Lender"), First  Housing Development Corporation of Florida (together with its successors and assigns, the "Senior Lender"), and the Portland Apartments, Ltd., a Florida Limited Partnership ("Borrower"); to allow the Borrower to refinance the existing first mortgage to reduce the interest rate from 7.5% to approximately 5.14%; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
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13.    Approving a transfer in the amount of $270,000 from the unappropriated balance of the Technology & Infrastructure Fund (5019) to the General Fund - Special Projects (0003); approving a supplemental appropriation in the amount of $270,000 from the unappropriated balance of the General Fund - Special Projects (0003), resulting from this transfer, to the Police Department (140), RNC 2012 Project (13589) to purchase (video) security cameras and equipment; 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.

 

Pier Summit – 6:00 P.M.

Tuesday, June 12, at Enoch Davis Multi-Service Center

 

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

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

 

Budget, Finance & Taxation Committee

Thursday, June 14, 2012, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, June 14, 2012, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, June 14, 2012, 10:30 a.m., Room 100

 

Arts Funding Committee

Thursday, June 14, 2012, 11:00 a.m., Room 100

 

CRA/Agenda Review & Administrative Updates

Thursday, June 14, 2012, 1:30 p.m., Room 100

 

City Council Meeting

Thursday, June 14, 2012, 3:00 p.m., Council Chamber

 

Pier Summits – 6:00 P.M.

Thursday, June 14, at J. W. Cate Recreation Center

Tuesday, June 19, at Lake Vista Center

 

Co-Sponsored Events Committee

Tuesday, June 19, 2012, 9:00 a.m., Community Resource Room

 

Housing Services Committee

Tuesday, June 19, 2012, 10:00 a.m., Sunken Gardens

Strategic Housing Planning Follow Up

 

 

Council Workshop – Police Headquarters Facility

Thursday, June 21, 2012, 1:00 p.m., Room 100

 

Council Vacation - Weeks of June 25 and July 2, 2012


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

2 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)

 

Health Facilities Authority

1 Regular Member

(Term expires 12/31/13)

 

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.