meeting header

March 21, 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 21, 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.

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 Number 1515.

2.      Confirming the preliminary assessment for Building Securing Number 1174.

3.      Confirming the preliminary assessment for Building Demolition Number 401.

4.      Ordinance 68-H approving the recommended City Council Districts from the St. Petersburg Citizens Redistricting Commission.

F.       Reports

1.      National League of Cities.  (Chair Nurse)

2.      Tampa Bay Regional Planning Council.  (Councilmember Newton)

3.      WorkNet Pinellas.  (Councilmember Newton)

4.      Tourist Development Council.  (Councilmember Curran)

5.      Art in Transit (Oral)

6.      Tampa Bay Estuary.  (Councilmember Kornell) (Oral)

7.      Renewing a blanket purchase agreement with Bank of America, NA, a wholly-owned subsidiary of Bank of America Corporation, for banking services at an estimated annual amount of $144,000.

8.      Approving issuance of the historic property ad valorem tax exemption for the following properties and forwarding to the Pinellas County Board of County Commissioners: 7321 - 3rd Avenue North, Mathis Residence, residential; and Suite 700, 405 Central Avenue, Snell Arcade, residential.

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

H.       New Business

1.      Requesting City Council adopt a resolution proclaiming April 17, 2013 as Military Family and Community Covenant Day.  (Chair Nurse)

2.      Requesting City Council add domestic partner benefits for straight couples and requiring that they be registered as Domestic Partners to be eligible for the benefits.  (Councilmember Kornell)  [DELETED]

3.      Requesting Administration issue an RFP for a bike rental program in St. Petersburg.  (Councilmember Kornell)

4.      Requesting the implementation of a policy requiring a written monthly status report from the Legal Department to the City Council identifying all active litigation, including arbitration cases, and a general status for each identified case.   (Councilmember Gerdes)

I.         Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (3/14/13)

(a)   Resolution authorizing the acceptance of the Property Insurance Coverage proposal submitted by Brown and Brown, Inc.

2.      Public Services & Infrastructure Committee.  (3/14/13)

3.      Co-Sponsored Events Committee.  (3/14/13)

(a)   Resolution approving the application for co-sponsored event status “in name only” for Cooperwynn Capital, LLC a Utah Company d/b/a Cooperwynn Events (“Cooperwynn”) for an event entitled Walk, Waddle And Wheel 5k and Family Wellness Festival to be held on May 11, 2013 in Spa Beach Park and adjacent City streets from 4:00 a.m. to 4:00 p.m. in accordance with City Council Resolution No. 2000-562, as amended; (“Resolution 2000-562”) provided all city fees are paid 10 days prior to the event taking place, waiving the six month requirement of Section “D” of Resolution 2000-562, as to Cooperwynn; waiving the non-profit requirement of Resolution No. 2000-562(a) 8 as to Cooperwynn; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

J.        Legal

1.      An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard at 10:00 a.m., or soon thereafter, in conjunction with the lawsuit styled Bradley Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management & State of Florida, Workers’ Compensation No. 10-019508SLR and First District Court of Appeal No. 1D12-3563. 

K.       Open Forum

L.       Adjournment

1.        On Thursday, March 21, 2013 at 10:00 a.m. or as soon thereafter as the same may be heard, an attorney-client session, pursuant to Florida Statute 286.011(8), will be held in conjunction with the lawsuit styled Bradley Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management & State of Florida, Workers’ Compensation No. 10-019508SLR and First District Court of Appeal No. 1D12-3563.  Any or all of the following persons will be attending:  Karl Nurse, Chair; Bill Dudley, Vice Chair; Councilmembers Charles Gerdes, James Kennedy, Steve Kornell, Leslie Curran, Jeff Danner, Wengay “Newt” Newton;  Mayor Bill Foster; John C. Wolfe, City Attorney; Mark A. Winn, Chief Assistant City Attorney; Joseph P. Patner, Assistant City Attorney; and Kimberly Proano, Assistant City Attorney.  The session will commence in City Council Chambers, 175 Fifth Street North, St. Petersburg, Florida.  After the commencement of the session at the public meeting, the session will be closed and only those persons described above together with a certified court reporter will be allowed to be present.  The subject matter of the meeting shall be confined to settlement negotiations and/or strategy related to litigation expenditures.  At the conclusion of the session the meeting will be re-opened and the session will be terminated.

A


 

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Consent Agenda A

March 21, 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.      Renewing blanket purchase agreements with Playcore Wisconsin, Inc., Playpower LT Farmington, Inc., Miller Recreation Equipment and Design, Inc., Alpha Playground Services, Inc., Rep Services, Inc. and Playmore West, Inc. for play structures and safety surfacing for the Parks and Recreation Department at an estimated annual cost of $778,000.

2.      Accepting a proposal from Symetra Life Insurance Company for specific stop loss and aggregate stop loss insurance coverage for the Human Resources Department at an estimated annual premium of $874,699; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 


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Consent Agenda B

March 21, 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.      Approving an increase to the allocation for water and wastewater chemicals to Carmeuse Lime & Stone, Inc. for the Water Resources Department in the amount of $255,000 which increases the estimated annual amount to $355,000.

2.      Awarding a three-year blanket purchase agreement to Graybar Electric Company Inc. for electrical supplies at an estimated annual cost of $120,000.

3.      Renewing a blanket purchase agreement with Bank of America, NA, a wholly-owned subsidiary of Bank of America Corporation, for banking services at an estimated annual amount of $144,000.  [MOVED to Reports as F-7]

(City Development)

4.      Authorizing the Mayor or his designee to purchase one (1) abandoned property located at 4101 - 14th 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.

5.      Authorizing the Mayor or his designee to execute a twelve (12) month Parking Space Use Agreement with the Fish and Wildlife Research Institute, an agency of the State of Florida, for the use of thirty (30) parking spaces at the Port of St. Petersburg.  (Requires affirmative vote of at least six (6) members of City Council.)

6.      Authorizing the Mayor or his designee to execute a License Agreement with 909 Entertainment, Inc., a Florida for profit corporation, for use of the 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, on March 31, 2013, for a use fee of $500.00, to provide staging for a classic car and motorcycle show and parking for the public while hosting a community event.

7.      Approving issuance of the historic property ad valorem tax exemption for the following properties and forwarding to the Pinellas County Board of County Commissioners: 7321 - 3rd Avenue North, Mathis Residence, residential; and Suite 700, 405 Central Avenue, Snell Arcade, residential.  [MOVED to Reports as F-8]

(

(Public Works)

8.      Authorizing the Mayor or his designee to execute a Cooperative Funding Agreement (“Agreement”) between the City of St. Petersburg and the Southwest Florida Water Management District that provides a grant to the City not to exceed $500,000 for the construction of Riviera Bay and Snell Isle stormwater vaults (Engineering Project No. 11052-110, Oracle No. 13730): and all other documents necessary to effectuate this transaction.

(

(Miscellaneous)

9.      Authorizing the Mayor or his designee to execute a five (5) year license agreement, with an additional five (5) year renewal option, with the State of Florida Department of Management Services for the City of St. Petersburg (“City”) to permanently install and maintain a camera system and related equipment on the roof top of the Sebring Building at no cost to the City other than the initial installation cost and any maintenance costs.

10.    Ratifying the proposed collective bargaining agreement between the City of St. Petersburg and the St. Petersburg Association of Firefighters, Local 747 (SPAFF) for the rank and file collective bargaining unit covering the job classifications of Firefighter, Paramedic, and Lieutenant, effective October 1, 2011 through September 30, 2013 (Fiscal Years 2012 and 2013).

 

 

 

 


 

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

Budget, Finance & Taxation Committee

Thursday, March 14, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, March 14, 2013, 9:15 a.m., Room 100

Co-Sponsored Events Committee

Thursday, March 14, 2013, 10:30 a.m., Room 100

CRA/Agenda Review & Administrative Updates.

Thursday, March 14, 2013, 1:30 p.m., Room 100

City Council Meeting

Thursday, March 14, 2013, 3:00 p.m., Council Chamber

 

 


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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)


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.