meeting header

November 1, 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 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.

 


November 1, 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 1040-V approving a vacation of a 20 foot wide ingress/egress easement running between 2nd and 3rd Street South as shown on the University Center Subdivision, recorded in Plat Book 126, Pages 11, 12 and 13. (City File 12-33000006)

2.      Ordinance 1041-V 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 53-H amending various chapters of the City Code to implement fee changes and revenue enhancements approved pursuant to the 2013 budget.

4.      Ordinance 54-H 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.      Albert Whitted Municipal Airport - Taxiway A-1 and South Apron Project: 

(a)   Ordinance 55-H 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.)

(b)  Awarding a contract to Kamminga & Roodvoets, Inc. in the amount of $896,655.50 for the construction of Albert Whitted Municipal Airport, Taxiway “A1” and South Apron Improvements, and approving a supplemental appropriation in the amount of $867,830 from the increase in the unappropriated balance of the Airport Capital Improvement Fund (4033) resulting from these additional revenues to the Airport –Taxiway A-1 and South Apron Project (#12477).  (Engineering Project No. 09050-113; Oracle Project No. 12477).

(c)   Authorizing the Mayor or his designee to execute Amendment No. 1 to Task Order No. 08-03–LPA to the Agreement between the City of St. Petersburg and LPA Group, Inc. in the amount not to exceed $14,083 for construction phase professional engineering services for the Albert Whitted Airport – Taxiway “A1” Extension for a total amount of $113,984. (Engineering Project No. 09050-113; Oracle No. 12477)

Second Reading and Second Public Hearings

6.      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.  (City File LDR 2011-02)

E.       Reports

1.      Mahaffey Theater Update (Oral)

2.      Transportation Impact Fee (TIF) External Auditors Report.  (Laura Brock) (Oral)

3.      Police Quarterly Report. (Oral)

4.      City Council Voting Module from Option Technologies Interactive.

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

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

7.      Update on Pinellas Suncoast Transit Authority (PSTA), Metropolitan Planning Organization (MPO) and Tampa Bay Area Regional Transportation Authority (TBARTA).  (Councilmember Danner) (Oral)

8.      International Relations Committee.  (Councilmember Kennedy) (Oral)

9.      Resolution setting 10:00 p.m. as the latest time (“cutoff time”) for co-sponsored events to be held in Vinoy Park on or after January 2, 2013; and amending City Council Resolution No. 2012-441 to reflect the new cutoff time for approvals for events scheduled after January 2, 2013 in Vinoy Park.

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

Setting November 19, 2012 as the public hearing date for the following proposed Ordinance(s):

1.      Ordinance approving final year-end adjustments to the City of St. Petersburg Operating and Capital Improvement Budgets for the Fiscal Year ending September 30, 2012; approving the final amended Budget for the Fiscal Year ending September 30, 2012 by incorporating into the aforementioned final amended Budget all adjustments and appropriations contained in this Ordinance and all adjustments and appropriations previously made by Resolution for the Fiscal Year ending September 30, 2012; and approving year-end commitments, assignments, and appropriations from the General Fund Balance as of September 30, 2012 for  inclusion in the Budget for the Fiscal Year ending September 30, 2013.

G.       New Business

1.      Requesting City Council support a resolution to allow Municipal Referenda for Local-Option Sales Tax for Transportation.  (Councilmember Kennedy)

2.      Requesting City Council support a resolution requesting the legislature restore the City's local home rule powers limiting smoking in public places.  (Councilmember Nurse)

3.      Referring to the Public Services & Infrastructure Committee to discuss installing a plaque in memory of a long time City employee, Ron Williams at the Marina.  (Vice-Chair Newton)

H.       Council Committee Reports

1.      Arts Funding Committee.  (10/11/12)

2.      Youth Services Committee.  (10/18/12)

3.      Budget, Finance & Taxation Committee.  (10/25/12)

4.      Public Services & Infrastructure Committee.  (10/25/12)

(a)   Resolution approving the policies and procedures set forth in Exhibit “A” attached hereto, (“Policies and Procedures”), establishing a Special Assessment Lien Modification Program that authorizes the Mayor or his designee to take the actions set forth therein on requests for relief from special assessment liens pursuant to the Policies and Procedures; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution and the Policies and Procedures.

5.      Housing Services Committee.  (10/25/12)

I.         Legal

1.      Executive Action on Foreclosure Registry Ordinance 48-H.

2.      Retention of Outside Counsel for BP Oil Spill.

3.      Confirming the appointment of Michael Dema as an Assistant City Attorney.

J.        Open Forum

K.       Adjournment

A


St. Petersburg

Community Redevelopment Agency (CRA)

November 1, 2012

 

 

1.      City Council convenes as Community Redevelopment Agency.

2.      Resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding "The Residences at 330 - 3rd Street South," located at 330 - 3rd Street South, consistent with the Intown Redevelopment Plan, as reviewed in Community Redevelopment Agency Report IRP 12-09c.  (City File IRP 12-09c)

3.      Adjourn Community Redevelopment Agency.

 


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Consent Agenda B

November 1, 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 fire rescue vehicles from Wheeled Coach Industries, Inc. for the Fire Department at a total cost of $333,078.

2.      Renewing a blanket purchase agreement with AGC Electric, Inc., a sole source supplier, for pedestrian crosswalk rectangular rapid flashing beacon (RRFB) assemblies for the Transportation & Parking Department at an estimated annual cost of $200,000.

3.      Awarding three-year blanket purchase agreements to Apollo Construction & Engineering Services, Inc. and Ross Plumbing & Heating, Inc. for plumbing services and repairs at an estimated annual cost of $152,500.       

4.      Approving the purchase of a replacement 20-passenger paratransit vehicle from LBS South, LLC for the Parks and Recreation Department at a total cost of $111,270.

(City Development)

5.      Approval of Arts Advisory Committee recommendations for FY2013 funding of $178,187.01 for Arts and Cultural Grants for the period of October 1, 2012 through September 30, 2013; approving a supplemental appropriation in the amount of $3,187.01 from the unappropriated balance of the General Fund.

6.      Authorizing the Mayor or his designee to execute a Second Amendment to the September 21, 2009 Lease Agreement with Comas Enterprises, Inc. that operates a Cold Stone Creamery franchise in a space located at 1961 - 4th Street North, St. Petersburg, within the City-owned Sunken Gardens building.

(

(Public Works)

7.      Approving a resolution rescinding an unencumbered appropriation in the Water Resources Capital Projects Fund (4003) in the amount of $168,000 from the WRL FDOT US19 Whitney Rd FY12 Project (13358); and approving a supplemental appropriation in the amount of $168,000 from the unappropriated balance in the Water Resources Capital Projects Fund (4003), resulting from this rescission, to the WRL 46th Avenue North (62-80 St N) Road Widening Project (11115).  (Engineering Project No. 06102-111; Oracle No. 11115)

8.      Approving a resolution rescinding an unencumbered appropriation in the Water Resources Capital Projects Fund (4003) in the amount of $123,000 from the WRL FDOT US19 Whitney Rd FY12 Project (13358); and approving a supplemental appropriation in the amount of $123,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003), resulting from this rescission, to the WRL Gandy Overpass FY11 Project (12944), FPID #416838-1-52-01. (Engineering Project No. 10043-111; Oracle No. 12944)

(

(Miscellaneous)

9.      Approving the minutes of the City Council meetings held July 12, July 19 and July 26, 2012.

10.    Resolution setting 10:00 p.m. as the latest time (“cutoff time”) for co-sponsored events to be held in Vinoy Park on or after January 2, 2013; and amending City Council Resolution No. 2012-441 to reflect the new cutoff time for approvals for events scheduled after January 2, 2013 in Vinoy Park.  [DELETED:  Moved to Reports as E-9]

11.    Accepting a $15,000 grant from the Juvenile Welfare Board in support of the St. Petersburg College Allstate Center’s Inner-City Operation to Recruit Public Safety (“iCORPS”) initiative; approving a supplemental appropriation in the amount of $15,000 from the increase in the unappropriated balance of the General Fund - Special Projects (0003) resulting from these additional revenues to the Police Department, Fiscal Support Services (140-1389); and a supplemental appropriation in the amount of $15,000 from the unappropriated balance of the Law Enforcement Fund (1023) to the Police Department, Local Law Enforcement Fund (140-2857) to provide a total of $30,000 to partially fund the 2012 iCORPS  summer camp; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 

 

 


 

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

Budget, Finance & Taxation Committee

Thursday, November 8, 2012, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, November 8, 2012, 9:15 a.m., Room 100

Housing Services Committee

Thursday, October 25, 2012, 10:30 a.m., Room 100

Budget, Finance & Taxation Committee

Thursday, October 25, 2012, 8:00 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, October 25, 2012, 1:30 p.m., Room 100

Public Services & Infrastructure Committee

Thursday, October 25, 2012, 9:15 a.m., Room 100

City Council Waterfront Master Plan Process Workshop

Thursday, October 25, 2012, immediately following Agenda Review., Room 100

Budget, Finance & Taxation Committee

Tuesday, November 13, 2012, 1:30 p.m., Room 100

Joint Meeting of Budget, Finance & Taxation and Youth Services Committees

Thursday, November 1, 2012, 2:00 p.m., Room 100

City Council Meeting

Thursday, November 8, 2012, 3:00 p.m., Council Chamber

 

 

 


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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)


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 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.