September 6, 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.



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 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.


September 6, 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.       Correspondence


NOTE:  Only the person who has written the letter, or an authorized representative, will be permitted to speak in connection with an item of correspondence.  The person speaking will be given three minutes ONLY to state the request.  In some instances and at the discretion of City Council, more than three minutes speaking time will be granted.

1.      Mr. Rick Smith, Chief of Staff, SEIU/FPSU:  Requesting to appear before City Council to revisit the "Community Cash" proposal that Florida Public Services Union (FPSU) introduced last year.


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E.       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 42-H amending Sections 22-22 (j ) (1), 22-22 (j) (12), and 22-22 (l) (2) of the St. Petersburg City Code concerning the minimum number of disciplinary suspension days an employee must receive in order to qualify for a Civil Service Board Appeal; the number of days following an appeal hearing by which the Board must submit its written order; and the number of days following the Board's order by which the Mayor must implement the order.


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2.      Ordinance 43-H amending Section 21-87 of the City Code to add new Subsections (12) and (26); naming the Perry Bayview Community Playground and the Westminster Community Playground; creating a new Section 21-87(c); and adding a previously named property to the Code as Section 21-87(c)(1).


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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.

3.      Ordinance 082-L approving the designation of the Maurice and Thelma Rothman Residence, located at 1018 Park Street North, as a local historic landmark. (City File HPC 12-90300003)


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4.      Appeal of the Development Review Commission (DRC) approval of a Special Exception and related site plan with variances for a new accessory parking lot to serve the historic hotel structure at 7401 Central Avenue. (City File 12-32000004 Appeal)


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F.       Reports

1.      Update on Pinellas Suncoast Transit Authority (PSTA) and Tampa Bay Area Regional Transportation Authority (TBARTA).  (Councilmember Danner) (Oral)


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2.      Resolution recommending that Project 207264 ("Project"), 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 $36,750 as the City's share of the local financial support for the Project under the Tax Refund Program for Qualified Target Industry Businesses.


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3.      Albert Whitted Airport Fixed Base Operator.


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4.      Update on Tampa Bay Water.  (Councilmember Nurse) (Oral)


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5.      Report from Florida League of Cities.  (Councilmember Nurse) (Oral)


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6.      Authorizing the Mayor or his designee to execute a Congressionally Directed Biosolids/Renewable Energy Plant Project Assistance Agreement with the U.S. Department of Energy for a maximum reimbursement amount of $2,500,000, and all other documents necessary to effectuate the Agreement.


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

Setting September 20, 2012 as the public hearing date for the following proposed Ordinances:

1.      Utility Rates:


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(a)   Ordinance relating to utility rates and charges; amending Chapter 27, Subsections 27-5 (a), 27-141 (a), 27-142 (a), 27-143 (b)(1), 27-144 (c), 27-177 (a), 27-177 (d)(7), 27-283 (a), and Section 27-284 of the St. Petersburg City Code; establishing time frames for determining delinquent accounts for wholesale customers; amending base charges and volume charges for water service; amending wholesale water service charges for the City of Gulfport; amending fire service monthly use rates; amending base fee and volume rates for irrigation only accounts; amending reclaimed water rates and charges; amending base and volume charges for wastewater service; amending wastewater service charges for wholesale customers; providing for severability of provisions; providing an explanation of words struck through and underlined; and establishing a date to begin calculating new rates for billing purposes.

(b)  Ordinance relating to stormwater utility rates; creating new Subsection 27-405 (b) (7) (8) of the St. Petersburg City Code; providing for no rate increase for the stormwater management system utility fees for Fiscal Year 2013; providing for severability of provisions; and providing an explanation of words struck through and underlined.

2.      Amending the zoning designation of a 2.01 acre (mol) L-shaped area subject property, a portion of which abuts and a portion of which is included within a conservation easement generally located on the west side of 31st Street South, south of Maximo Presbyterian Church property located at 3200 - 58th Avenue South.  The subject property is also located within an area governed by a Development Agreement. (City File ZM-3)


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(a)   Amending the Official Zoning Map designation from NS-1 (Neighborhood Suburban-1) to NPUD-1 (Neighborhood Planned Unit Development-1), or other less intensive use.

(b)  Amending the Development Agreement associated with the above-described property.

3.      Ordinance in accordance with Section 1.02(c)(5)b., St. Petersburg City Charter, authorizing the restrictions contained in the Joint Participation Agreement ("JPA") and the Aviation Program Assurances which are attached to the JPA, to be executed by the City, as a requirement for receipt of a Florida Department Of Transportation ("FDOT") grant in an amount not to exceed $489,000 for the Airport - Terminal Hangar Project which, inter alia require that the City will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without the prior written approval of the department, throughout the useful life of a facility developed for any airport development, 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 effective date of the JPA; authorizing the Mayor or his designee to apply for and accept the Grant in an amount not to exceed $489,000; authorizing the Mayor or his designee to execute all documents necessary to effectuate this ordinance; and providing an effective date; and providing for expiration.   (Requires affirmative vote of at least six (6) members of City Council.)



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H.       New Business

1.      Requesting City Council appoint a member of City Council to serve on the Pinellas Suncoast Transit Authority Board for a three year term beginning October 1, 2012 and ending September 30, 2014. Further, requesting City Council appoint a Citizen to serve on the Board of Pinellas Suncoast Transit Authority for a three year term beginning October 1, 2012 and ending September 30, 2015.  (Chair Curran)


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2.      Requesting City Council consider hosting the proposed stadium presentation by CityScape, LLC at the Hilton St. Petersburg in the Carillon Park area. (Councilmember Kennedy)



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I.         Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (8/30/12)


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2.      Public Services & Infrastructure Committee.  (8/30/12)  [CANCELLED]


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3.      Housing Services Committee.  (8/30/12)


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(a)   Ordinance relating to the creation of a Foreclosure Registry; providing for registration for all properties in foreclosure; providing maintenance and security requirements for all properties in foreclosure; and providing for severability.

4.      Budget, Finance & Taxation and Youth Services Joint Committee Meeting.  (8/30/12)


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J.        Legal

1.      Resolution approving the third extension of the Emergency Medical Services ALS First Responder Services Agreement between the City of St. Petersburg and the Pinellas County Emergency Medical Services Authority for Fiscal Year 2012/2013; and authorizing execution of the third extension of ALS First Responder Services Agreement for Fiscal Year 2012/2013.


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2.      Consent to Joint Representation in Jeffrey Joel Judy v. Pinellas County, et. al.


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K.       Open Forum


L.       Adjournment

Consent Agenda I

Consent Agenda A

September 6, 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.


1.      Renewing an agreement with All American Concrete, Inc. for Sanitary Sewer Repair/Replacement - FY 2008, for the Water Resources Department's SAN Annual Pipe Repair & Replacement FY13 Project (Oracle project number TBD, Engineering Project 08039-111), at an amount not to exceed $2,300,000; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.


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2.      Renewing a blanket purchase agreement with HD Supply Waterworks, LTD. (HDSW) for water and sewer supplies for the Water Resources Department at an estimated annual cost of $1,785,500.


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3.      Renewing an agreement with Layne Inliner, LLC, formerly known as Reynolds Inliner, LLC for sanitary sewer cleaning for the Water Resources Department at an estimated annual cost of $650,000.


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4.      Approving a change order to BA Merchant services LLC for merchant credit card services in the amount of $125,000 which increases the estimated annual amount of $625,000.


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(Leisure & Community Services)

5.      Authorizing the Mayor or his designee to accept additional grant monies from the State of Florida Department of Agriculture ("Department") in the amount of $80,000 for a total grant amount not to exceed $514,809 for the City’s summer food program and to execute all documents necessary to effectuate this transaction with the Department; and approving a supplemental appropriation in the amount of $80,000 from the increase in the unappropriated balance of the General Fund (0001), resulting from these additional revenues, to the Parks and Recreation Department.


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(Public Works)

6.      Authorizing the Mayor or his designee to execute a Congressionally Directed Biosolids/Renewable Energy Plant Project Assistance Agreement with the U.S. Department of Energy for a maximum reimbursement amount of $2,500,000, and all other documents necessary to effectuate the Agreement.  [Moved to Reports as F-6]


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Consent Agenda II

Consent Agenda B

September 6, 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.



1.      Awarding five year agreements with Verizon Wireless Personal Communications LP, AT&T Mobility National Accounts LLC and Sprint Solutions, Inc. for wireless data and cellular services for the Police, Fire and ICS departments at an estimated annual cost of $460,000.


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2.      Approving a three-year agreement with PFM Asset Management, LLC for deferred compensation consulting services for the Human Resources Department at an estimated cost of $165,000.


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3.      Renewing an agreement with Greenfield Environmental, Inc., a certified SBE, for asbestos, environmental site assessment and indoor air quality consulting services at an estimated annual cost of $145,000.


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(City Development)

4.      Approving the plat of Pozin Subdivision, generally located at 120 - 16th Street North. (City File 11-20000006)


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(Leisure & Community Services)

5.      Approving a First Amendment to the Intergovernmental Agreement between the City of St. Petersburg, Florida and the Board of Trustees of St. Petersburg College regarding the St. Petersburg College/West St. Petersburg Community Joint Use Library; and authorizing the Mayor or his designee to execute the First Amendment.


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6.      Amending City Council Resolution No. 2009-597 to allow one of the 20 apartment units at Burlington Gardens located at 3461 Burlington Avenue North to be used as a staff office; providing that all other provisions of Resolution No. 2009-597 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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(Public Works)

7.      Authorizing the Mayor or his designee to execute an annual Master Agreement and up to three one-year renewal options between the City of St. Petersburg and CH2M Hill and Leggette, Brashears & Graham, Inc. to furnish Miscellaneous Professional Services for Underground Injection Wells and Monitoring Wells Systems Projects.


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8.      Authorizing the Mayor or his designee to execute Task Order No. 12-01-KCA/GC to the agreement between the City of St. Petersburg and Kisinger Campo &  Associates, Corp., in the amount not to exceed $209,978 for design services pertaining to the Traffic Signal Mast Arm FY 2012 Project.  (Engineering Project No. 12027-112; Oracle No. 13285)


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9.      Authorizing the Mayor to delegate signature authority to the City Administrator for the purpose of executing documents concerning disaster relief funding for Federal and State assistance for Tropical Storm Debby.


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10.    Authorizing the Mayor or his designee to execute a one-year Extension of Fire Protection Services Agreement with the Pinellas County Fire Protection Authority for the provision of fire protection and suppression services to the Gandy Fire District.


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11.    Resolution of the City Council of the City of St. Petersburg opposing Governor Rick Scott's veto of the funding for the Tampa Bay Regional Planning Council.


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12.    Approving minutes of the June 7, June 14 and June 21, 2012 City Council meetings.


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End notes










Note:  An abbreviated listing of upcoming City Council meetings.


Co-Sponsored Events Committee

Wednesday, September 12, 2012, 9:00 a.m., Community Resource Room




Budget, Finance & Taxation Committee

Thursday, September 13, 2012, 8:00 a.m., Room 100


Public Services & Infrastructure Committee

Thursday, September 13, 2012, 9:15 a.m., Room 100


Art Funding Committee

Thursday, September 13, 2012, 11:00 a.m., Room 100



City Council Pier Workshop (with Michael Maltzan, Architect)

Thursday, September 13, 2012 @ 1:00 p.m., Chamber



City Council Meeting

Thursday, September 13, 2012, 3:00 p.m., Chamber

1st Fiscal Year 2013 Budget Public Hearing at 6:00 p.m., Chamber




City Council Constitutional Amendments Workshop

Thursday, September 20, 2012, 10:00 a.m., Room 100






Fiscal Year 2013 Budget Public Hearing, 6:00 p.m.

Thursday, September 27, 2012, Chamber




Arts Advisory Committee

1 Regular Member

(Term expires 9/30/12)


City Beautiful

2 Regular Members

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


Civil Service Board

1 Regular & 2 Alternate Members

(Terms expire 6/30/13, 6/30/14 & 6/30/15)


Code Enforcement Board

2 Regular Members (Engineer & Non-Category)

(Terms expire 12/31/12 and 12/31/13)




Community Preservation Commission

1 Regular Member

(Term expires 9/30/14)


Commission on Aging

2Regular Members

(Terms expire 12/31/13)


Planning & Visioning Commission

1 Regular Member

(Term expires 9/30/13)





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.