meeting header

January 24, 2013

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.

 


January 24, 2013

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 February 7, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      Proposed amendments to the St. Petersburg City Code, Chapter 16 (Land Development Regulations) providing for additional residential density, intensity (floor-area-ratio) and building height for property located within an activity Center and designated with CRT-1 (Corridor Residential Traditional) and CCT-1 (Corridor Commercial Traditional) zoning. (City File LDR-2012-04)

2.      Ordinance approving the partial street vacations of  2nd Avenue South and  5th Street South abutting the southern and western sides of 116 - 5th Street South (Lots 11-14, Block 38, Revised Map of the City of St. Petersburg), being more specifically described as the northern 35 feet (MOL) of 2nd Avenue South, the eastern 35 feet (MOL) of 5th Street South and the associated portion of the intersection (City File 12-33000018) and providing for an exception to certain conditions in the City Code.

E.       Reports

1.      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) [Executive Action]

2.      Lift Station 85 Albert Whitted Master 30” Force Main, Part D Project (Engineering Project No. 12013-411; Oracle No. 13977):

(a)   Awarding a contract to Dallas 1 Corporation doing business as Dallas 1 Construction & Development in the amount of $7,575,012.80 for the construction of Lift Station 85 Albert Whitted Master 30” Force Main, Part D Project; and approving the repayment of advances in the amount of $12,069,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the Water Resources Operating Fund (4001).

(b)  Authorizing the Mayor or his designee to execute Amendment No.1 to Task Order No. 08-3-GFY/W to the agreement between the City of St. Petersburg and George F. Young, Inc. in the amount of $76,677 for professional consulting phase services for the Lift Station 85 Albert Whitted Master 30” Force Main – Part D. 

3.      Authorizing the Mayor or his designee to sell the surplus, unimproved City-owned property located at 642 – 25th Avenue South, St. Petersburg, to Darrell Simmons, Sr., for $3,500.

F.       New Business

G.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (1/17/2013)

2.      Public Services & Infrastructure Committee.  (1/17/2013)

3.      Co-Sponsored Events Committee.  (1/8/13)

H.       Legal

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 Building Securing Number 1172.

2.      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)

3.      Ordinance 64-H amending Chapter 12-6 relating to construction permit fees.

4.      Rock 'N Roll St. Pete Half Marathon:

(a)   Ordinance 65-H providing for the sale and consumption of beer and wine in Flora Wylie Park on February 10, 2013.

(b)  Resolution finding that the Rock ‘N Roll St. Pete Half Marathon is an event of community interest or importance; approving a special event permit pursuant to City Code Section 3-11 b) allowing the sale or dispensing of alcoholic beverages after 8:00 a.m. on Sunday, February 10, 2013, in Flora Wylie Park in the 16,500 square foot area designated as “Beer Garden Area” on the drawing attached hereto as Exhibit "A."

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.

5.      Appeal of the Planning & Visioning Commission's (PVC) recommendation to deny 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 Appeal)

(a)   Resolution "A" denying the appeal of the Planning & Visioning Commission's action.

(b)  Resolution "B" approving the appeal of the Planning & Visioning Commission's action.

(c)   Ordinance 700-L amending the Future Land Use Map designation for 2.44 acres from Industrial Limited (Activity Center) to Planned Redevelopment Mixed-Use (Activity Center).

(d)  Ordinance 730-Z rezoning the 2.44 acres referenced above from EC (Employment Center) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

(e)   Ordinance 63-H approving a Development Agreement.

(f)   Resolution "C" requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

J.        Open Forum

K.       Adjournment

A


 

1

Consent Agenda A

January 24, 2013

 

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 D Project (Engineering Project No. 12013-411; Oracle No. 13977):  [MOVED to Reports as E-2]

(a)   Awarding a contract to Dallas 1 Corporation doing business as Dallas 1 Construction & Development in the amount of $7,575,012.80 for the construction of Lift Station 85 Albert Whitted Master 30” Force Main, Part D Project; and approving the repayment of advances in the amount of $12,069,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the Water Resources Operating Fund (4001).

(b)  Authorizing the Mayor or his designee to execute Amendment No.1 to Task Order No. 08-3-GFY/W to the agreement between the City of St. Petersburg and George F. Young, Inc. in the amount of $76,677 for professional consulting phase services for the Lift Station 85 Albert Whitted Master 30” Force Main – Part D. 

 


1

Consent Agenda B

January 24, 2013

 

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 Bayside Building Services, Inc., Creative Homes of Central Florida, Inc., Dave Ulm Builders, Inc. and Grosz Construction Company, Inc. for building maintenance and securing of structures at an estimated annual cost of $465,000.

2.      Approving an extension to BA Merchant Services LLC for merchant credit card services in the estimated amount of $300,000.

3.      Approving the purchase of 16 replacement off-road utility vehicles from Everglades Farm Equipment Co., Inc. for the Fleet Management Department at a total cost of $173,968. 

4.      Awarding a contract to C-Squared Certified General Contractor, Inc. in the amount of $115,318 for City Wide Arterial/Collector Sidewalks Project FY12.  (Engineering Project No. 12015-112; Oracle No. 13286)

5.      Awarding a three-year blanket purchase agreement to Ring Power Corporation, a sole-source supplier, for the maintenance and repair of generators for the Water Resources Department at an estimated annual amount of $90,000.

6.      Awarding a three-year blanket purchase agreement to Paramount Power, Inc. for the maintenance and repair of generators at an estimated annual amount of $40,000.

(City Development)

7.      Authorizing the Mayor or his designee to execute a five (5) year License Agreement with Paul and Jennifer Curry, for an annual use fee of $50.00, to fence a portion of a City-owned property located in Safety Harbor for the City’s 36-Inch Water Transmission Main.

8.      Authorizing the Mayor or his designee to sell the surplus, unimproved City-owned property located at 642 – 25th Avenue South, St. Petersburg, to Darrell Simmons, Sr., for $3,500.  [MOVED to Reports as E-3]

(Leisure & Community Services)

(Public Works)

(Appointments)

9.      Confirming the appointment of Naveen K. Malhotra as a regular member to the International Relations Committee to serve a three-year term ending December 31, 2015.

(Miscellaneous)

 

 

 

 


 

1

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

Budget, Finance & Taxation Committee

Thursday, January 17, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, January 17, 2013, 9:15 a.m., Room 100

City Council Workshop - Bayfront Lease Modification

Thursday, January 17, 2013, 11:00 a.m., Room 100

CRA/Agenda Review and Administrative Updates

Thursday, January 17, 2013, 1:30 p.m., Room 100

City Council Meeting

Thursday, January 17, 2013, 3:00 p.m., Council Chamber

Youth Services Committee

Thursday, January 24, 2013, 8:30 a.m., Room 100

Budget, Finance & Taxation Committee

Thursday, January 31, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, January 31, 2013, 9:15 a.m., Room 100

FY14 Budget Priorities & $500,000 Contingency Fund Workshop

Thursday, January 24, 2013, 10:00 a.m., Room 100

Housing Services Committee

Thursday, January 31, 2013, 10:30 a.m., Room 100

 

 


1

Board and Commission Vacancies

Arts Advisory Committee

1 Regular Member

(Term expires 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

3 Regular Members

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

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.