meeting header

December 20, 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.

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 20, 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 January 24, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      Future Land Use Map and Official Zoning Map changes, and an associated Development Agreement, for an estimated 5.1 acre area generally located on the northwest corner of Dr. Martin Luther King Jr. Street North and Roosevelt Boulevard (City File FLUM-16):

(a)   Ordinance amending the Future Land Use Map designation for 2.44 acres from Industrial Limited (Activity Center) to Planned Redevelopment Mixed-Use (Activity Center).

(b)  Ordinance rezoning the 2.44 acres referenced above from EC (Employment Center) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

(c)   Ordinance approving a Development Agreement.

E.       Reports

1.      Manhattan Casino - First Amendment to Lease and Development Agreement

2.      Intersection Public Safety Program - Stop On Red: 2012 Annual Performance Evaluation.

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

4.      WorkNet Pinellas.  (Vice-Chair Newton) (Oral)

5.      Tampa International Airport Master Plan - Mr. Joe Lopano, Hillsborough County Aviation Authority.  [To heard as first Report item]

6.      Awarding a contract to Hubbard Construction Company in the amount of $4,000,000 for the Citywide Street Milling and Resurfacing FY 2013 Project (Engineering Project Number 13003-130; Oracle Number 13721).

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

8.      Emergency Medical Services (EMS). 

9.      Homeless Leadership Board.  (Councilmember Kornell) (Oral)

F.       New Business

1.      Referring to the Public Services & Infrastructure Committee for discussion viable options to vacate unused alleys.  (Councilmember Nurse)

G.       Council Committee Reports

1.      Co-Sponsored Events Committee.  (12/4/12)

(a)   Resolution approving events for co-sponsorship “in name only” by the City for Fiscal Year 2013; waiving the non-profit requirement of Resolution No. 2000-562(a) for the Co-Sponsored Events to be presented by Silverback Enterprises, LLC; Active Endeavors, Inc.; Ravashing Productions; Centaur Productions, LLC; and Live Nation Worldwide, Inc.; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

2.      Budget, Finance & Taxation Committee.  (12/13/12)

(a)   Resolution authorizing the Chair of the Budget, Finance & Taxation Committee to execute a letter agreement approving David Goddu to serve as the Audit Senior to provide auditing services.

3.      Public Services & Infrastructure Committee.  (12/13/12)

H.       Legal - 6:00 P.M.

1.      Approving an Interlocal Agreement with the Marion County Industrial Development Authority ("Issuer") related to the Issuer issuing its Senior Living Facilities Revenue Bonds (ViaVita of St. Petersburg Project) in a principal amount not to exceed $58,000,000, for the purpose of providing funds to make a loan to One HC - St. Petersburg, LLC, the sole member of which is Heartland Communities, LLC, to finance all or a part of the costs of the acquisition, construction and equipping of certain senior living facilities to be located at 6363 9th Avenue North in St. Petersburg, Florida; and conducting a TEFRA public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended  (TEFRA public hearing to be held at 6:00 pm or as soon thereafter as practicable).

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 Numbers 1511, 1512, and 1513.

2.      Confirming the preliminary assessment for Building Securing Number 1171.

3.      Confirming the preliminary assessment for Building Demolition Number 399.

4.      Ordinance 1042-V 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)

5.      Ordinance 1043-V 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)

6.      Ordinance 1044-V 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)

7.      Ordinance 1045-V 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)

8.      Ordinance 61-H 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).

9.      Ordinance 62-H 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.

J.        Open Forum

K.       Adjournment

A


 

1

Consent Agenda A

December 20, 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.      Awarding a contract to Hubbard Construction Company in the amount of $4,000,000 for the Citywide Street Milling and Resurfacing FY 2013 Project (Engineering Project Number 13003-130; Oracle Number 13721).  [MOVED to Reports as E-6]

2.      Renewing annual license and maintenance agreements from Oracle America, Inc., a sole-source provider, for the Oracle eBusiness Suite, Oracle Work and Asset Management (WAM) applications, Oracle Spatial, and other Oracle technology products at a cost of $527,124.67.

(Leisure & Community Services)

3.      Amending City Council Resolution No. 2010-253 to add program income earned in the Neighborhood Stabilization Program Fund 1114 to the $1,540,000 authorized therein to design, build and market single family residential homes on City acquired parcels pursuant to the Neighborhood Stabilization Program Grant from the U.S. Department of Housing and Urban Development; providing that all other provisions of Resolution No. 2010-523 not amended herein shall remain in full force and effect; and authorizing the Mayor or his designee to execute all documents necessary to effectuate these transactions.

 


1

Consent Agenda B

December 20, 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 blanket purchase agreement to Carmeuse Lime & Stone, Inc. for calcium oxide for the Water Resources Department at an estimated annual cost of $442,415.

2.      Approving the purchase of replacement sport utility vehicles from Duval Ford, LLC for  the Fleet Management Department at a total cost of $298,166

3.      Renewing blanket purchase agreements with Southeastern Paper Group Inc., Sani-Chem Janitorial Supplies, Inc. and American Chemical & Building Maintenance Supply, Inc. for janitorial supplies at an estimated annual cost of $250,000.

(City Development)

4.      Authorizing the Mayor or his designee to execute a First Amendment to Lease Agreement with Albert Whitted Airport Preservation Society, Inc., a Florida non-profit corporation, for the use of facilities located at 451 Eighth Avenue S.E., St. Petersburg, within Albert Whitted Airport for a period of one (1) year at a rental rate of $917.53 per month, with the right to request extensions for three (3) additional one (1) year terms, subject to approval by City Council. (Requires affirmative vote of at least six (6) members of City Council.)

5.      Authorizing the Mayor or his designee to execute a Second Amendment to Lease Agreement with Safari Choppers, LLC, a Florida Limited Liability corporation, for the use of a fifty (50) square foot area of interior retail floor space on the first floor of the Galbraith Terminal Building at Albert Whitted Airport for a period of one (1) year at a rental rate of $133.00 per month, with the right to request extensions for two (2) additional one (1) year terms, subject to approval by City Council.  (Requires affirmative vote of at least six (6) members of City Council.)

6.      Authorizing the Mayor or his designee to execute a First Amendment to the License Agreement with 909 Entertainment, Inc., a Florida corporation, for use of an entire City-owned block of unimproved parcels located between 22nd Street South and 23rd Street South bounded by 7th Avenue South and Fairfield Avenue South, St. Petersburg, Florida, to modify the second community event date from January 13, 2013 to January 20, 2013.

7.      Authorizing the Mayor or his designee to purchase one (1) abandoned property located at 4026 - 14th Avenue South, St. Petersburg, under the Neighborhood Stabilization Program 3, for the sum of $29,700, subject to the required Environmental Review Record Report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the property for an amount not to exceed $120,000; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act of 2008.

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

(

(Public Works)

9.      Approving the selection of Kimley-Horn and Associates, Inc. to provide professional engineering design services for the S.R. 682 (Pinellas Bayway) Trail North Project, a FDOT Local Agency Program, in an amount not to exceed $219,730; and authorizing the Mayor or his designee to execute an Architect/Engineering Agreement and all other documents necessary to effectuate this transaction.  (Engineering Project No. 13018-112; Oracle No. 13639) (FPN 424532 5 38 01)

10.    Approving the selection of Atkins North America, Inc. to provide professional engineering design services for the 30th Avenue North Bicycle Facility Project, a FDOT Local Agency Program, in an amount not to exceed $263,300; and authorizing the Mayor or his designee to execute an Architect/Engineering Agreement and all other documents necessary to effectuate this transaction.  (Engineering Project No. 13022-112; Oracle No. 13640) (FPN 424532 8 38 01)

11.    Authorizing the Mayor or his designee to execute Task Order No. 12-02-KCA/GC to the agreement between the City of St. Petersburg and Kissinger Campo & Associates, Corporation in the amount not to exceed $252,500 for design services pertaining to the Traffic Signal Mast Arm FY 2013 Project.  (Engineering Project No. 13027-112; Oracle No. 13763)

(Appointments)

12.    Confirming the appointment of Celeste E. Davis as a regular member to the Arts Advisory Committee to fill an unexpired three-year tem ending September 30, 2015.

13.    Confirming the appointment of David E. Ramsey as a regular member to the Public Arts Commission to serve an unexpired four-year term ending April 30, 2013.

14.    Confirming the appointment of Deborah A. Rivard and the reappointment of Linda Reimer, John F. Palumbo and Deborah F. Scanlan as regular members to the Commission on Aging to serve three-year terms ending December 31, 2015.

15.    Confirming the reappointment of Julie Martin Jakway as a regular member to the City Beautiful Commission to serve a three-year term ending December 31, 2015.

16.    Confirming the reappointment of Clifton Wayne Michaelsen as a regular member to the Committee to Advocate for Persons with Impairments to serve a three-year term ending December 31, 2015.

17.    Confirming the reappointment of Mary Wyatt Allen and Mary Hilton Cross as regular members to the Health Facilities Authority to serve four-year terms ending December 31, 2016.

18.    Confirming the reappointment of Hardy W. Bryan, as a regular member to serve a three-year term ending December 31, 2015, and Keith V. Benson, as an alternate member to serve a two-year term ending November 30, 2014, to the Nuisance Abatement Board.

19.    Confirming the reappointment of Alicia L. Bryan and Chika Berrios as regular members to the International Relations Committee to serve three-year terms ending December 31, 2015.

20.    Confirming the reappointment of Lorraine Perry, resident category, and Harry L. Harvey as regular members to the St. Petersburg Housing Authority to serve four-year terms ending November 30, 2016.

21.    Approving the reappointment of Shirley L. Rigo, realtor category, and Aaron M. Sharpe, contractor category, as regular members to the Code Enforcement Board to serve three-year terms ending December 31, 2015.

(Miscellaneous)

22.    Approving the September 6, September 13, September 20, and September 27, 2012 Council meeting minutes.

23.    Resolution appointing two members to the Citizens Redistricting Commission; and amending Resolution No. 2012-562.

 

 

 

 


 

1

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

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

Budget, Finance & Taxation Committee

Thursday, December 20, 2012, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, December 20, 2012, 9:15 a.m., Room 100

City Council Meeting

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

Housing Services Committee

Thursday, December 20, 2012, 10:30 a.m., Room 100

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 Allocation 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.