meeting header

December 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.

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.

 


December 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.       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 57-H amending the St. Petersburg City Code by deleting Subsections of 8-4 which are now contained in the Florida Building Code; amending the definition of ‘manmade body of water’; renumbering and amending the remaining portions of Section 8-4 relating to manmade bodies of water; and providing a definition for interested parties in demolition matters.

2.      Ordinance 58-H amending the City Code to create new sections regulating the closing hours for alcoholic beverage establishments; requiring extended hours permits for alcoholic beverage establishments serving alcohol after midnight; providing requirements for security; providing for suspension and revocation of permits; providing for appeals; establishing fees; and establishing and amending definitions.

First Reading and First Public Hearings

Setting February 21, 2013 as the public hearing date for the following proposed Ordinances:

3.      Proposed text amendments to the Local Government Comprehensive Plan made pursuant to Chapter 163, Part II. F.S. (City File LGCP-2012-01)

(a)   Ordinance amending the Comprehensive Plan pursuant to Chapter 163, Part II, F.S., related to the adoption of text amendments to the Future Land Use Element, Capital Improvements Element, Intergovenmental Coordination Element and Public Schools Facilities Element.

(b)  Ordinance amending the Comprehensive Plan pursuant to Chapter 163, Part II. F.S., related to the adoption of text amendments to the Potable Water Subelement, Capital Improvements Element and Transportation Element.

(c)   Resolution transmitting the proposed amendments for state, regional and county review, in accordance with Chapter 163, F.S.

E.       Reports

1.      Acknowledging receipt of the Basis of Design Report for the new St. Petersburg Pier prepared by Michael Maltzan Architecture, Inc.; authorizing the Mayor or his designee to execute all documents necessary for Michael Maltzan Architecture, Inc to proceed with the design of the new St. Petersburg Pier and for Skanska USA Builders, Inc to continue providing pre-construction phase services and geotechnical services; and approving an appropriation for transferring $5,399,128 from the Downtown Redevelopment District Fund (1105) to the General Capital Improvement Fund (3001).  [To be heard at 10:30 a.m.]

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

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

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

1.      Approving the vacation of the 20-foot wide east-west alley in the block bound by Central Avenue and 1st Avenue North and 1st Street North and 2nd Street North. (City File 12-33000003)

2.      Approving the vacation of a cul-de-sac at the terminus of Hartford Street North in the block bound by 34th Street North, 36th Avenue North, 35th Street North and 38th Avenue North. (City File 12-33000012)

3.      Approving the vacation of :1) a portion of 7th Avenue South between 25th and 26th Streets South; and 2) Yale Street South between 7th Avenue South and the north boundary of 8th Avenue South. (City File 12-33000014)

4.      Approving the vacation of the 20-foot wide alley within the block bound by 1st Avenue South, 2nd Avenue South, 7th Street South and 8th Street South. (City File 12-33000015)

5.      Amending the Comprehensive Plan to implement legislative requirements of Chapter 163, Part II, Florida Statutes, related to the annual update of the Capital Improvements Element. (City File LGCP-CIE-2012)

6.      Ordinance in accordance with Section 1.02(c)(5)A., St. Petersburg City Charter, authorizing the restrictions contained in the Notice of Limitation of Use/Site Dedication (“Site Dedication”) dedicating the Project Site and all land within the project boundaries at the Picnic Park at Lake Maggiore Park (“Project Area”) in perpetuity as an outdoor recreation site for the use and benefit of the public as a requirement for receipt of a Land and Water Conservation Fund (“LWCF”) Grant (“Grant”) from the U.S. Department of the Interior, National Parks Service, through the Florida Department of Environmental Protection (“Department”); and authorizing the Mayor or his designee to execute a Notice of Limitation of Use/Site Dedication in perpetuity for the Project Area, and all other documents necessary to effectuate this Ordinance.

G.       New Business

1.      Referring to the Public Services & Infrastructure Committee to initiate the street closure process on 28th Street South and 50th Avenue South.  (Councilmember Kornell)

2.      Referring to the Public Services and Infrastructure Committee a discussion on practical issues involved in implementing summer jobs for  next year's growing season.  (Councilmember Nurse)

H.       Council Committee Reports

1.      Youth Services Committee Follow-up Report.  (9/20/12)

(a)   Approving a transfer of $85,000 to provide a one-time match of funds for the renovation of a building which houses the quality pre-school model at St. Petersburg College Allstate Center; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

I.         Legal

1.      Approving the issuance of City of St. Petersburg, Florida Public Utility Revenue Bonds, Series 2013A, not to exceed $44,000,000,  and City of St. Petersburg, Florida Public Utility Refunding Revenue Bonds, Series 2013B, not to exceed $47,000,000, to be applied to acquire, construct and erect additions, improvements and extensions to the City's public utility system and advance refund a portion of the City's Public Utility Revenue Bonds, Series 2003; and approving documents associated therewith.

2.      Resolution authorizing the Mayor or his designee to execute a License Agreement between the City of St. Petersburg, Florida (“City”) and Leland Allenbrand d/b/a St. Petersburg Carriages (“Licensee”), for licensee to use a portion of the public streets and a portion of the Dolphin Parking Lot at The Pier for operation of a horse carriage business for a one (1) year term, with an option for Licensee to extend the term for up to two (2) periods of one (1) year each following the initial one (1) year term.

J.        Open Forum

K.       Adjournment

A


 

1

Consent Agenda A

December 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.

(Purchasing)

1.      Lift Station 85 Albert Whitted Master 30” Force Main, Part A:

(a)   Awarding a contract to Garney Companies, Inc. in the amount of $5,911,992 for the construction of Lift Station 85 Albert Whitted Master 30” Force Main, Part A Project (Engineering Project No. 12013-111; Oracle No. 13974); and approving a transfer in the amount of $6,307,000 from the unappropriated balance of the Water Resources Operating Fund (4001) to the Water Resources Capital Projects Fund (4003).

(b)  Authorizing the Mayor or his designee to execute Amendment No.1 to Task Order No. 08-9-HS/W to the agreement between the City of St. Petersburg and Hazen and Sawyer, P.C. in the amount of $92,116 for professional consulting phase services for the Lift Station 85 Albert Whitted Master 30” Force Main – Part A.  (Engineering Project No. 12013-111, Oracle No. 13974)

2.      Awarding a contract to Kamminga & Roodvoets, Inc., in the amount of $703,600.00 for the construction of the Campbell Park Sanitary Sewer Improvements Project (Engineering Project No. 12020-111); and approving a supplemental appropriation in the amount of $299,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the SAN Campbell Park Line Replacement FY12 Project (13368).

3.      Renewing a blanket purchase agreement with Tri-State Employment Services, Inc. for temporary staffing services at an estimated annual cost of $631,000.

4.      Awarding a contract to Suncoast Development of Pinellas County, Inc. in the amount of $526,538.00 for the Lift Stations No. 40 & 41 Force Main Replacement Project (Engineering Project No. 11065-111); approving a supplemental appropriation in the amount of $152,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the SAN FM & Lateral Replacement Project (13365).

5.      Renewing blanket purchase agreements with J.H. Williams Oil Company, Inc. for gasoline and diesel fuel and Port Consolidated, Inc. for bio-diesel fuel at an estimated annual cost of $7,135,215.

 


1

Consent Agenda B

December 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.

(Purchasing)

1.      Renewing blanket purchase agreements with Ajax Paving Industries of Florida, LLC and The Lane Construction Corporation for asphalt for the Stormwater, Pavement & Traffic Operations Department at an estimated annual cost of $206,000.

(City Development)

2.      Resolution approving the plat of Oreilly at 34th, generally located at 350 - 34th Street South. (City File 12-20000003)

3.      Resolution approving the plat of New Jerusalem Missionary Baptist Church of St. Petersburg, Inc., generally located at 1715 - 18th Avenue South. (City File 07-20000017)

4.      Authorizing the Mayor or his designee to execute a twelve (12) month License Agreement with John Henry Sculptor, Inc., to display the sculpture titled “Big Max” on a portion of the City-owned Park and Waterfront Property known as Straub Park, at a use fee of $100.00 for the entire term. (Requires an affirmative vote of at least six (6) members of City Council.)

(

 

(

(Miscellaneous)

5.      Resolution declaring the 28th Annual National Dr. Martin Luther King, Jr. Drum Major for Justice Parade which is to take place on January 21, 2013, to be a special event within the meaning of Section 16.70.030.1.5. c. 1. of the St. Petersburg City Code; and delineating boundaries and time within which the declaration is to be effective.

 

 

 

 


 

1

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

Co-Sponsored Events Committee

Tuesday, December 4, 2012, 1:00 p.m., Community Resource Room

City Council Workshop - Pier with the Architect Michael Maltzan

Tuesday, December 4, 2012, 1:30 p.m., Council Chamber

Budget, Finance & Taxation Committee

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

Public Services & Infrastructure Committee

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

City Council Workshop - Waterfront Master Plan Process

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

CRA/Agenda Review and Administrative Updates

Thursday, December 13, 2012, 1:30 p.m., Room 100

City Council Meeting

Thursday, December 13, 2012, 3:00 p.m., Council Chamber

City Council Workshop

Thursday, December 20, 2012, 1:30 p.m., Room 100

Selection of Council Chair & Vice Chair

Setting Council 2013 Calendar

 

 


1

Board and Commission Vacancies

Arts Advisory Committee

2 Regular Members

(Terms expire 9/30/15)

City Beautiful

3 Regular Members

(Terms expire 12/31/13, 12/31/14 & 12/31/15)

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 12/31/13 & 12/31/15)

Commission on Aging

2 Regular Members

(Terms expire 12/31/13)

Community Preservation Commission

1 Regular Member

(Term expires 9/30/14)

International Relations Committee

1 Regular Member

(Term expires 12/31/14)

Planning & Visioning Commission

1 Regular Member

(Term expires 9/30/13)

Social Services Allocations Committee

4 Regular Members

(Terms expire 9/30/15)


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.