July 12, 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.


July 12, 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 1038-V approving the vacation of a 16-foot wide dead-end alley on the east side of 24th Street South, immediately south of 2342 Emerson Avenue South. (City File 12-33000001)

 

 
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2.      Ordinance 27-H in accordance with Section 1.02(c)(5)A., St. Petersburg City Charter, authorizing the restrictions contained in a Site Dedication ("Site Dedication") dedicating the boat ramp project area ("Project Area") at Maximo Park to the public as a boating access facility for the use and benefit of the general public from the date of execution of the Site Dedication by the City to June 30, 2033, as a requirement for receipt of the Florida Fish and Wildlife Conservation Commission ("FFWCC") grant from the Florida Boating Improvement Program, Boating and Waterways Section for the boat ramp improvements at Maximo Park; authorizing the Mayor or his designee to execute a Site Dedication for the Project Area for a period ending June 30, 2033; and all other documents necessary to effectuate this Ordinance. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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3.      Six Ordinances in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at six boat ramp locations to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032, as a requirement for receipt of Florida Fish and Wildlife Conservation Commission ("FFWCC") Grants from the Florida Boating Improvement Program, Boating and Waterways Section at six City-owned parks; authorizing the Mayor or his designee to execute Site Dedications for the Project Areas for a period ending September 30, 2032: and all other documents necessary to effectuate these Ordinances. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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(a)   Ordinance 28-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Lake Maggiore Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(b)  Ordinance 29-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Grandview Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(c)   Ordinance 30-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Demens Landing to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(d)  Ordinance 31-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Crisp Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(e)   Ordinance 32-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Northeast Exchange Club Coffee Pot Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(f)   Ordinance 33-H in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Bay Vista Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

4.      Ordinance 34-H relating to the provision of fire protection services in St. Petersburg and authorizing the imposition and collection of fire service assessments against property throughout the City.

 

 
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(a)   Annual Assessment Resolution

(b)  Revenue Note 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.      Ordinance 082-HL approving the re-designation and expansion of the local landmark boundaries of the Maximo Park Archaeological Site, located at 6600 - 34th Street South. (City File HPC 12-90300002)

 

 
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E.       Reports

1.      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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2.      Update on City Sports Programming.  (Oral)

 

 
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3.      Tourist Development Council.  (Chair Curran) (Oral)

 

 
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4.      Accepting a proposal from Waste Pro of Florida, Inc. for subscription based curbside recycling services for the Sanitation Department at an estimated annual cost of $72,000.

 

 
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5.      Pinellas Planning Council.  (Councilmember Kennedy) (Oral)

 

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

Setting July 26, 2012 as the public hearing date for the following proposed Ordinances:

1.      Ordinance in accordance with Section 1.02(c)(3), St. Petersburg City Charter, authorizing the grant of a Public Utility Easement to Florida Power Corporation d/b/a Progress Energy Florida, Inc., a Florida Corporation, at the Port of St. Petersburg located at 250 - 8th Avenue Southeast, St. Petersburg.

 

 
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G.       New Business

1.      Referring to the Public Services & Infrastructure Committee for consideration  small scale urban farming in St. Petersburg.  (Councilmember Nurse)

 

 
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H.       Council Committee Reports

1.      Co-Sponsored Events Committee.  (6/19/12)

 

 
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(a)   Resolution approving Co-Sponsored Event Status "in name only" for Local Shopper, LLC ("Local Shopper") for an event entitled Shopapalooza 2012 to be held November 17, 2012, in South Straub Park from 10:00 a.m. to 6:00 p.m., in accordance with City Council Resolution No. 2000-562, as amended ("Resolution 2000-562"), provided all City fees are paid 10 days prior to the event taking place; waiving the six (6) month requirement of Section "D" of Resolution. 2000-562, as to Local Shopper; waiving the payment of the waiver fee required by City Council Resolution No. 2009-353 as to Local Shopper; waiving the non-profit requirement of City Council Resolution No. 2000-562(a) 8 as to Local Shopper; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this Resolution.

I.         Legal

J.        Open Forum

K.       Adjournment

Consent Agenda I


 


Consent Agenda B

July 12, 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.      Awarding a contract to Zenith Lighting, Inc. in the amount of $150,659 for the Mahaffey Theater Lighting project.  (Engineering & Capital Improvements Project No. 12218-019)

 

 
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(City Development)

2.      Authorizing the Mayor or his designee to execute an Underground Conversion Agreement with Florida Power Corporation d/b/a Progress Energy Florida Inc., a Florida corporation, for the installation, operation and maintenance of underground electrical service, at a cost not to exceed $200,000, within the Tangerine Avenue Community Redevelopment Area.

 

 
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3.      Authorizing the Mayor or his designee to execute a five (5) year Lease Agreement with West Florida Helicopters, Inc., a Florida for profit corporation, for the use of ±4,350 square feet of space in Hangar No. 1 and ±7,000 square feet of space in Hangar No. 4 at Albert Whitted Airport located at 107 Eighth Avenue Southeast, St. Petersburg; and to execute all documents necessary to effectuate same.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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(Public Works)

4.      Authorizing the Mayor or his designee to execute an annual Master Agreement and up to three one-year options between the City of St. Petersburg and Adams Design, Inc., Cardno TBE, Interflow Engineering, Inc., Kissinger Campo & Associates, Inc., Land & Water Engineering Science, Inc., and URS Corporation to furnish professional engineering services for Stormwater Management, Transportation & Bridge Improvements Projects.

 

 
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5.      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 City of St. Petersburg On Street Bicycle Lanes Project ("Project") in an amount not to exceed $40,175; and authorizing a supplemental appropriation in the amount of $40,175 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the City of St. Petersburg On Street Bicycle Lanes Project (TBD). (FDOT Financial Project No. 424532 1 38 01)

 

 
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(Miscellaneous)

6.      Approving minutes of April 2, April 4, April 5, April 12, and April 19, 2012 City Council meetings.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Public Services & Infrastructure Committee

Thursday, July 12, 2012, 6:00 p.m., Room 100

 

 

Budget, Finance & Taxation Committee

Thursday, July 19, 2012, 8:00 a.m., Room 100

 

Housing Services Committee

Thursday, July 19, 2012, 10:30 a.m., Room 100

 

 

CRA/Agenda Review & Administrative Updates

Thursday, July 19, 2012, 1:30 p.m., Room 100

 

 

City Council Meeting

Thursday, July 19, 2012, 3:00 p.m., Council Chamber

 

 

 

Youth Services Committee

Thursday, July 26, 2012, 8:30 a.m., Room 100

 

 

CRA/Agenda Review & Administrative Updates

Thursday, July 26, 2012, 1:30 p.m., Room 100

 

 


 

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.