meeting header

March 7, 2013

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.

 


March 7, 2013

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.       Awards and Presentations

E.       Public Hearings and Quasi-Judicial Proceedings - 9:00 A.M.

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.

1.      Appeal of the Community Preservation Commission (CPC) approval with conditions of a Certificate of Appropriateness (COA) requesting rehabilitation and an addition to the residence located at 2421 Brevard Road Northeast within the Local Landmark Granada Terrace Historic District.  (City File COA 05-23 Appeal)

F.       Reports

1.      Billboard Update.  (Oral)

2.      Approving an architect/engineering agreement between the City of St. Petersburg and Harvard Jolly, Inc. for design and construction administration services related to the new Police Department Headquarters project in the amount of $3,131,330; and authorizing the Mayor or his designee to execute the A/E Agreement. (Engineering Project No.11234-018, Oracle No.12847)

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

4.      Authorizing the Mayor or his designee to execute a twenty-six (26) month Lease Agreement with The Canterbury School of Florida, Inc., a Florida not-for-profit corporation, for the use of an area outside the referendum approved leased premises. (Requires affirmative vote of at least six (6) members of City Council.)

5.      Resolution pursuant to Section 3 of Ordinance No. 702-G approving the establishment of "Race Days" for the 2013 Honda Grand Prix of St. Petersburg beginning at 12:01 am, March 21, 2013 and ending at midnight on March 24, 2013.

6.      Authorizing the Mayor or his designee to execute a License Agreement with Greater Mt. Zion African Methodist Episcopal Church of St. Petersburg, Florida, Inc., a Florida non-profit corporation, for the use of the Vearl Scott Neighborhood Family Center, located at 1201 - 7th Avenue South within a portion of the City-owned Campbell Park, for a period of thirty-six (36) months at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

7.      Authorizing the Mayor or his designee to execute a Local Agency Program Agreement between the City of St. Petersburg, Florida (“City”), and the State of Florida Department of Transportation (“FDOT”) for participation by FDOT in the design activities of the Treasure Island Causeway Trail Project (“Project”) in an amount not to exceed $152,915; authorizing a supplemental appropriation in the amount of $152,915 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the Treasure Island Causeway Trail Project (TBD). (FDOT Financial Project No. 415743 1 38 01)

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

Setting March 21, 2013 as the public hearing date for the following proposed Ordinance:

1.      Approving the recommended City Council Districts from the St. Petersburg Citizens Redistricting Commission.

H.       New Business

1.      Requesting a City Council workshop to discuss all of the amendments that were passed in the November 2012 election.  (Councilmember Newton)

2.      Referring to the Public Services & Infrastructure Committee a discussion on creating a policy regarding non-working street lights in the City.  (Councilmember Newton)

3.      Requesting a report be made to City Council regarding red light cameras and the letter from Ken Burke, Clerk of the Circuit Court (attached).  (Councilmember Newton) 

4.      Requesting City Council schedule a Committee of the Whole to consider funding of shade structures for the other City ball fields using Weeki Wachee funds.  (Chair Nurse)

I.         Council Committee Reports

1.      Youth Services Committee.  (2/21/13)

(a)   Resolution establishing five primary categories of focus for the Youth Services Committee.

2.      Budget, Finance & Taxation Committee.  (2/28/13)

3.      Public Services & Infrastructure Committee.  (2/28/13)

4.      Co-Sponsored Events Committee.  (2/28/13)

5.      Legislative Affairs & Intergovernmental Relations.  (2/28/13)

J.        Legal

1.      Announcement of an Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be held March 14, 2013 at 3:30 p.m., or soon thereafter, in conjunction with the lawsuit styled 15,652 Petitioners and Kathleen Ford v. City Council, etc. Case No. 12-10312CI-19. 

K.       Open Forum

L.       Adjournment

A


 

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Consent Agenda A

March 7, 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.      Awarding a blanket purchase agreement to H & H Liquid Sludge Disposal, Inc. for biosolids removal and disposal for the Water Resources Department at an estimated annual cost of $875,580.

2.      Approving the purchase of replacement sewer inspection vehicles from Duval Ford, LLC for the Fleet Management Department at a total cost of $521,799.

3.      Roser Park Drive Retaining Wall No. 3 and Creek Wall Improvements - Phase 3 Project:

(a)   Awarding a contract to Tampa Bay Marine, Inc., in the amount of $520,570 for the Roser Park Drive Retaining Wall No. 3 and Creek Wall Improvements - Phase 3 Project. (Engineering Project No. 00083-310; Oracle No.10674) 

(b)  Authorizing the Mayor or his designee to execute Amendment No. 1 to Task Order No. 08-8-TBE/GC to the agreement between the City of St. Petersburg and Cardno TBE in the amount of $15,000 for construction phase services for the Roser Park Drive Retaining and Creek Channel Wall Improvements – Phase 3 Project.  (Engineering Project No. 00083-310; Oracle No. 10674)

 


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Consent Agenda B

March 7, 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.      Awarding a three-year blanket purchase agreement to Bright House Networks, LLC for dedicated Internet and intranet services for the Libraries at an estimated cost of $193,716.  [DELETED]

2.      Renewing a blanket purchase agreement with Pinellas County Schools Food Service for the after school snack program for the Parks & Recreation Department at an estimated annual cost of $148,500.

3.      Renewing a blanket purchase agreement with Nite Owl Irrigation, Inc. for irrigation system design, installation and repairs at an estimated annual cost of $135,000.

4.      Awarding two-year blanket purchase agreements to Applied Industrial Technologies – Dixie, Inc. and Motion Industries, Inc. for bearings, seals, belts and related items for the Water Resources Department at an estimated annual cost of $100,000.

(City Development)

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

6.      Authorizing the Mayor or his designee to execute a First Amendment to Parking Lot Lease Agreement with St. Anthony’s Health Care, Inc., a Florida non-profit corporation, for the use of a parking lot located at approximately 1100 Fifth Avenue North, St. Petersburg (“Premises”) to correct two (2) scrivener errors discovered in the Lease and modify the use provision to allow employee and visitor parking.

7.      Authorizing the Mayor or his designee to sell the remaining surplus City-owned Railroad Right-of-Way parcels adjacent to Gunn Highway in Hillsborough County as legally described in Exhibit “A”, to adjacent property owners, and retain a public utility easement, at the prices set forth in Exhibit “A”, provided that owners executing contracts after December 19, 2013 shall pay for an update of the appraisal and pay the newly appraised price for their parcel.

8.      Authorizing the Mayor or his designee to execute a twenty-six (26) month Lease Agreement with The Canterbury School of Florida, Inc., a Florida not-for-profit corporation, for the use of an area outside the referendum approved leased premises. (Requires affirmative vote of at least six (6) members of City Council.) [MOVED to Reports as F-4]

9.      Authorizing the Mayor or his designee to purchase one (1) improved property located at 4053 - 18th Avenue South, St. Petersburg (“Property”), under the Neighborhood Stabilization Program 3 (“NSP3”), for the sum of $57,420, 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 assemble, temporarily manage, and dispose of the Property for the purpose of stabilizing the neighborhood; and to sell the Property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(b) of the Housing and Economic Recovery Act of 2008, as amended, and NSP3 funding provided under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010.

10.    Authorizing the Mayor or his designee to purchase one (1) improved property located at 745 - 15th Avenue South, St. Petersburg (“Property”), under the Neighborhood Stabilization Program 3 (“NSP3”), for the sum of $20,000, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $1,500; to assemble, temporarily manage, and dispose of the Property for the purpose of stabilizing the neighborhood; and to sell the Property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(b) of the Housing and Economic Recovery Act of 2008, as amended, and NSP3 funding provided under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010. 

11.    Authorizing the Mayor or his designee to bid for the purchase of one (1) abandoned property located at 810 - 14th Avenue South, St. Petersburg (“Property”), at the Pinellas County Foreclosure Sale scheduled for March 21, 2013, or any rescheduled sale, under the Neighborhood Stabilization Program 3, for an amount not to exceed $47,520; to pay special assessment liens not to exceed $821.97; to waive the accumulated outstanding special assessment interest; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the property for an amount not to exceed $120,000; to assemble, temporarily manage, and dispose of the Property for the purpose of stabilizing the neighborhood; and to sell the Property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(b) of the Housing and Economic Recovery Act of 2008, as amended, and NSP3 funding provided under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010.

12.    Resolution rescinding City Council Resolution No. 2013-24 that authorized the Mayor, or his Designee, to purchase six (6) unimproved lots located at 1) 807 - 14th Avenue South, 2) 820 - 15th Avenue South, 3) 810 - 15th Avenue South, 4) 835 - 15th Avenue South, 5) 759 - 14th Avenue South, and 6) 850 - 15th Avenue South, St. Petersburg (collectively, “Property”), under the Neighborhood Stabilization Program 3 (“NSP3”); and authorizing the Mayor or his designee to purchase the Property, under the NSP3, for the sum of $77,220, in the aggregate, subject to the required Environmental Review Record Report result being a Finding of No Significant Impact; to accept the Seller's proceeds of the sale for payment of closing costs not to exceed $6,000, payment of outstanding real property taxes on the Property, and apply the balance of the proceeds as full satisfaction of the City's liens on the Property; to assemble, temporarily manage, and dispose of the Property for the purpose of stabilizing the neighborhood; and to sell the Property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(b) of the Housing and Economic Recovery Act of 2008, as amended, and NSP3 funding provided under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010.

13.    Resolution pursuant to Section 3 of Ordinance No. 702-G approving the establishment of "Race Days" for the 2013 Honda Grand Prix of St. Petersburg beginning at 12:01 am, March 21, 2013 and ending at midnight on March 24, 2013.  [MOVED to Reports as F-5]

14.    Authorizing the Mayor or his designee to execute a License Agreement with Greater Mt. Zion African Methodist Episcopal Church of St. Petersburg, Florida, Inc., a Florida non-profit corporation, for the use of the Vearl Scott Neighborhood Family Center, located at 1201 - 7th Avenue South within a portion of the City-owned Campbell Park, for a period of thirty-six (36) months at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)  [MOVED to Reports as F-6]

(

(Public Works)

15.    Authorizing the Mayor or his designee to execute an annual Master Agreement and up to three one-year renewal options between the City of St. Petersburg and Arcadis U.S., Inc., Carollo Engineers, Inc., and McKim & Creed, Inc. to furnish professional engineering consulting services with regard to Utility Information Systems Projects.

16.    Authorizing the Mayor or his designee to execute a Local Agency Program Agreement between the City of St. Petersburg, Florida (“City”), and the State of Florida Department of Transportation (“FDOT”) for participation by FDOT in the design activities of the Treasure Island Causeway Trail Project (“Project”) in an amount not to exceed $152,915; authorizing a supplemental appropriation in the amount of $152,915 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the Treasure Island Causeway Trail Project (TBD). (FDOT Financial Project No. 415743 1 38 01)  [MOVED to Reports as F-7]

(

(Miscellaneous)

17.    Confirming the appointments of Cynthia H. Sinclair, Trenia Cox, Ross Silvers and Paula S. Orandash as regular members to the Social Services Allocations Committee to fill unexpired three-year terms ending September 30, 2015.

18.    Conriming the reappointment of Ada McFarley as a regular member to the Nuisance Abatement Board to serve a three-year term ending December 31, 2015.

19.    Approving the minutes of December 6, December 13, and December 20, 2012 City Council meetings.

 

 

 

 


 

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

Budget, Finance & Taxation Committee

Thursday, February 28, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, February 28, 2013, 9:15 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, February 28, 2013, 1:30 p.m., Room 100

Co-Sponsored Events Committee

Thursday, February 28, 2013, 2:30 p.m., Room 100

Legislative Affairs & Intergovernmental Relations Committee.

Thursday, February 28, 2013, immediately following the Co-Sponsored Events Committee meeting, Room 100

 

 


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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.