meeting header

October 18, 2012

3:00 PM




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 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.


October 18, 2012

3:00 PM

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

Setting November 1, 2012 as the public hearing date for the following proposed Ordinance:

1.      Approving a vacation of a 20 foot wide ingress/egress easement running between 2nd and 3rd Street South. (City File 12-33000006)

2.      Approving a vacation of the street corner rights-of-way on each corner of the block bound by 3rd Avenue South, 4th Street South, 4th Avenue South and 5th Street South. (City File 12-33000008)

3.      Ordinance amending various chapters of the City Code to implement fee changes and revenue enhancements approved pursuant to the 2013 budget.

4.      Ordinance of the City of St. Petersburg amending Section 5-56 and adding Subsection (c) to Section 5-59 of the St. Petersburg City Code; increasing the percentage from public works projects that shall be set aside for the acquisition of works of art; capping the total amount that can be set aside for the acquisition of works of art; and providing for the deposit of proceeds received from insurance claims on public art collection into the art in public places fund.

5.      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 $82,000 for the Taxiway A-1 and South Apron 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 FDOT, 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 $82,000; 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 not to exceed $82,000 to the Airport - Taxiway A-1 and South Apron Project (Project #12477); providing an effective date; and providing for expiration. (Requires affirmative vote of at least six (6) members of City Council.)

E.       Reports

1.      FBO Lease and Management Agreement. 

2.      St. Petersburg Preservation Update. (Oral) (Peter Belmont, President)

3.      Red Light Camera Program Update.

4.      Tourist Development Council (TDC).  (Chair Curran)

5.      Tampa Bay Regional Planning Council.  (Vice-Chair Newton)

F.       New Business

1.      Referring to the Co-Sponsored Events Committee for discussion ways to potentially control City costs for events, particularly those put on by non-profits for charitable causes and/or free events.  (Councilmember Nurse)

G.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (9/27/12)

2.      Public Services & Infrastructure Committee.  (9/27/12)

3.      Housing Services Committee.  (9/27/12)

4.      Co-Sponsored Events Committee.  (10/2/12)

5.      Legislative Affairs & Intergovernmental Relations Committee.  (10/2/12)

H.       Legal

1.      Approval of Special Legal Counsel to perform legal services related to benefits and pension matters.

I.         Public Hearings and Quasi-Judicial Proceedings - 6:00 P.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.      Confirming the preliminary assessment for Lot Clearing Number 1509.

2.      Confirming the preliminary assessment for Building Securing Number 1169.

3.      Confirming the preliminary assessment for Building Demolition Number 397.

4.      Ordinance 50-H amending St. Petersburg City Code, Chapter 16, Section, regarding the distances between buildings for lots of 120 feet in width or less, otherwise known as minimum building separation, within the Downtown Center (DC) zoning districts. (City File LDR 2012-03)

5.      Ordinance 51-H of the City of St. Petersburg, Florida, establishing an exception from certain ad valorem taxation for certain new businesses and expansions of existing businesses; providing for enactment authority; providing findings of fact; providing for definitions of terms; providing for the establishment of an economic development ad valorem tax exemption; providing for an application for an exemption; providing for the City Council and the Mayor's consideration of such application; providing for no application fees; providing for continuing performances; providing for City Council revocation of exemption; providing for applicability; providing for severability; and providing for a sunset date.

First Reading and First Public Hearings

Setting November 1, 2012 as the second reading and second public hearing date for the following proposed Ordinance:

6.      Proposed amendments to the Land Development Regulations (LDRs), City Code Chapter 16, regarding signage.  (City File LDR 2011-02)

(a)   Ordinance 52-H amending the St. Petersburg City Code regarding abandoned signs; amending regulations regarding nonconforming signs; creating a Section regulating signs of historic significance; amending certain regulations for digital or electronic message centers, flags and Large Facility Signs; amending an exemption providing for free speech signs both held and worn by a person; creating a definition for human signs, creating an exemption for human signs, and establishing regulations for such signs; deleting the prohibition against three-dimensional objects used as signs; and creating new regulations for three-dimensional extensions for off-premises signs and on-premises signs. 

J.        Open Forum

K.       Adjournment




Consent Agenda A

October 18, 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 blanket purchase agreements for refuse containers and compactors from Dura-Cast Products, Inc., Wastequip Manufacturing Company, LLC, Iron Container, LLC, and Equipco Manufacturing, Inc. for the Sanitation Department at an estimated annual cost of $500,000.



Consent Agenda B

October 18, 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 a three-year blanket purchase agreement to Johnson Controls, Inc. for an HVAC service agreement for the Real Estate and Property Management Department at an estimated cost of $370,000.

2.      Awarding a contract to Samsula Waste Inc. in the amount of $136,616 for the Rio Vista Elementary School Site Demolition.  (Engineering Project No. 11233-017; Oracle No.13166)

3.      Approving the donation of a passenger van valued at an amount of $4,800 to Creative Clay Inc.

(City Development)

4.      Approving the First Amendment to the Agreement between the City of St. Petersburg, Florida, and Competitor Group Inc., to extend the term for a running event on February 10, 2013, to modify other provisions related to the date of the 2013 running event, and to amend the provision related to the Health & Fitness Expo; and authorizing the Mayor or his designee to execute the First Amendment.

(Leisure & Community Services)

5.      Approving a proposed Library Interlocal Agreement for the Pinellas Public Library Cooperative (PPLC); authorizing the Mayor or his designee to execute the proposed Library Interlocal Agreement; and authorizing the City Attorney to approve non-substantive changes to the proposed Library Interlocal Agreement.




6.      Approving a supplemental appropriation in the amount of $9,000 from the unappropriated balance of the Law Enforcement Fund (1023), to the Police Department, Federal Justice Forfeiture (140-2858) to purchase the Law Enforcement Automated Personnel System (LEAPS) computer software for the Department's Field Training Section; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

7.      Approving the indigent status of the National Christian League of Councils and authorizing the waiver of City fees and costs for the 28th Annual National Dr. Martin Luther King, Jr. Drum Major for Justice Parade.







Note:  An abbreviated listing of upcoming City Council meetings. Meeting Agenda

Public Services & Infrastructure Committee

Thursday, October 11, 2012, 9:15 a.m., Room 100

Arts Funding Committee

Thursday, October 11, 2012, 11:00 a.m., Room 100




Board and Commission Vacancies

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)

Planning & Visioning Commission

1 Regular Member

(Term expires 9/30/13)

City Beautiful

2 Regular Members

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

Commission on Aging

2 Regular Members

(Terms expire 12/31/13)




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 Comprehensive Plan land use cases, the Owner bears the burden of proof except in cases initiated by the City Administration, 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 and/or Appellant. If Appellant and Applicant are different entities then each is allowed the allotted time for each part of these procedures.  The Appellant shall speak before the Applicant.  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.


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 speaker or of the appropriate representative of the party being cross examined.  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.