meeting header

April 4, 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.

 


April 4, 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.      Ordinance 69-H creating new Divisions One and Two in Article V, Chapter 20, and adding new Sections 20-150 through 20-154 relating to illicit synthetic drugs; providing for definitions; prohibiting the possession, use, provision, sale, advertisement, display, manufacture, or distribution of “illicit synthetic drugs” including “Spice”, synthetic cannabinoids, synthetic marijuana, “Bath Salts,” synthetic cathinones, synthetic stimulants, or misbranded drugs; prohibiting provision or sale of a product for human consumption when the product is labeled “not for human consumption” or contains similar warnings; providing defenses; and providing for filing of Ordinance and an effective date.

F.       Reports

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

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

Setting April 18, 2013 as the public hearing date for the following proposed Ordinances:

1.      Ordinance approving the vacation of 16th Avenue South between 3rd and 4th Streets South and the remaining segment of the east-west alley lying west of 3rd Street South in between 15th and 16th Avenues South. (City File 13-33000002)

2.      An Ordinance in accordance with Section 1.02(c)(3), St. Petersburg City Charter, authorizing the grant of a Public Utility Easement to Florida Power Corporation d/b/a Progress Energy Florida, Inc., a Florida Corporation, within Albert Whitted Park located at 480 Bayshore Drive Southeast, St. Petersburg.

3.      Ordinance amending Section 22-206 of the St. Petersburg City Code relating to the Supplemental Firefighter's Retirement System ("Plan") to increase the maximum number of months an employee may participate in the Deferred Retirement Option Plan (DROP).

H.       New Business

1.      Requesting a discussion regarding City employees who pay for monthly parking and receive parking citations while on official City business.  (Councilmember Newton)

2.      Scheduling a Pier Workshop for April 18, 2013.

3.      Requesting a report from Transportation and Parking Management to the Public Services & Infrastructure Committee on feasibility and consequences/impact of increasing yellow light interval times at red light camera intersections. (Councilmember Gerdes)

I.         Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (3/28/13)  [To be heard at 10:00 a.m.]

(a)   Resolution amending the City’s FY 2012/13 Annual Action Plan to modify the approval for the CDBG funding for PARC, Inc. d/b/a the Pinellas Association for Retarded Children ("PARC") to make improvements to PARC’s existing buildings located at 3190 75th Street North and 3025/3101 76th Way North (“facilities”), that changes the priorities in rehabilitation of the facilities; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

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

(a)   Resolution approving a Termination Agreement between the City of St. Petersburg and the City of Pinellas Park relating to a Sanitary Sewer Treatment Agreement; and authorizing the Mayor or his designee to execute all documents necessary to effectuate the Termination Agreement.

3.      Housing Services Committee.  (3/28/13)

(a)   Resolution of the City of St. Petersburg City Council requesting continued funding of the State Housing Initiatives Partnership (“SHIP”) Program for the purpose of providing affordable housing for low- and moderate-income persons; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

J.        Legal - 11:00 a.m.

1.      An Attorney-Client Session, to be held at 11:00 a.m. or as soon thereafter as the same may be heard, pursuant to Florida Statute 286.011(8), in conjunction with the lawsuit styled Kathleen Ford, Fred Debardelaben, Gregory J. Cahinin, Frank Carter Karins, Joseph Reed, and Burton Kline v. City of St. Petersburg, FL, Inc., formerly known as 15,652 Petitioners and Kathleen Ford v. City Council, etc. Case No. 12-10312CI-19.

2.      Settlement of the lawsuit William King v. City of St. Petersburg, Case No. 11-6389-CI-21.

K.       Open Forum

L.       Adjournment

1.        On Thursday, April 4, 2013 at 11:00 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 Kathleen Ford, Fred Debardelaben, Gregory J. Cahinin, Frank Carter Karins, Joseph Reed, and Burton Kline v. City of St. Petersburg, FL, Inc., formerly known as 15,652 Petitioners and Kathleen Ford v. City Council, etc. Case No. 12-10312CI-19.  Any or all of the following persons will be attending:  Council Chair Karl Nurse, Council Vice-Chair Bill Dudley, Councilmembers Charles Gerdes, James Kennedy, Steve Kornell, Leslie Curran, Jeff Danner, Wengay “Newt” Newton; Mayor Bill Foster; City Attorney John C. Wolfe, Chief Assistant City Attorney Mark A. Winn, Assistant City Attorney Joseph P. Patner, Assistant City Attorney Jane Wallace, Assistant City Attorney Jacqueline Kovilaritch, and Assistant City Attorney Macall Dyer.  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

April 4, 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 a blanket purchase agreement with Diamond Supply & Fastener, Inc. for fastener replenishment services at an estimated annual cost of $115,000.

(

 

(Appointments)

2.      Resolution decreasing the size of the Consolidated Plan Ad Hoc Application Review Committee (“Committee”) to eight (8); and confirming the Mayor’s appointments to the Committee for FY 2013/2014.

3.      Confirming the reappointment of Mark Chmielewski and Mark Waterbury as regular members to the Investment Oversight Committee to serve two-year terms ending March 31, 2015.

4.      Confirming the appointment of David J. McDaniel as a regular member to the Commission on Aging to serve an unexpired three-year term ending December 31, 2013.

5.      Confirming the appointment of Peter Betzer and Katherine “Katie” Ramsberger as regular members to the International Relations Committee to serve unexpired three-year terms ending December 31, 2013 December 31, 2014, respectively.

6.      Confirming the appointment of Angela C. Strain as a regular member to the City Beautiful Commission to serve an unexpired three-year term ending December 31, 2015.

(Miscellaneous)

7.      Approving the minutes of January 10, January 17, and January 24, 2013 City Council meetings.

8.      Authorizing the Mayor or his designee to apply for and administer Florida Boating Improvement Program grants through the Florida Fish and Wildlife Conservation Commission on behalf of the City for improvements for the construction and repairs of seawalls, waterway markers, derelict vessel removal and other local boating-related activities; and to execute all documents necessary to effectuate this transaction.

9.      Resolution of the St. Petersburg City Council urging members of the Florida Legislature to support Senate Bill 294 and House Bill 619 which make certain substances to be controlled substances.

 

 

 

 


 

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

Budget, Finance & Taxation Committee

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

Public Services & Infrastructure Committee

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

Housing Services Committee

Thursday, March 28, 2013, 10:30 a.m., Room 100

CRA/Agenda Review & Administrative Updates

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

Budget, Finance & Taxation Committee

Thursday, April 11, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, April 11, 2013, 9:15 a.m., Room 100

Committee of the Whole

Thursday, April 11, 2013, 10:30 a.m., Room 100

 

Use of Weeki Wachee Funds for ballfield shade structures

CRA/Agenda Review & Administrative Updates

Thursday, April 11, 2013, 1:30 p.m., Room 100

City Council Meeting

Thursday, April 11, 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

7 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.