meeting header

April 18, 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.

 


April 18, 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.       Awards and Presentations

1.      Presentation by Martha Boden, CEO, Society for Prevention of Cruelty to Animals (SPCA) for Tampa Bay, on their new initiative, Community Animal Connections...….

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

Setting May 2, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      An Ordinance of the City of St. Petersburg adding a new subsection to Section 2-237 and a new subsection to Section 2-241 of the St. Petersburg City Code; providing for an exception to the Procurement Code for the purchase of hardware and software that meet certain criteria; and establishing the process for a design build project delivery method.

F.       Reports

1.      Resolution authorizing the Mayor to enter into an agreement with the Urban Land Institute to convene an Advisory Service Panel concerning the downtown waterfront.  [DELETED]

2.      Referral from the Community Preservation Commission (CPC) regarding a 30 business day temporary hold on a partial demolition application to the Bishop Hotel located at 256 - 1st Avenue North.

3.      Approving the selection of Brown and Caldwell (Corporation) to provide design services related to the new Biosolids and Waste to Energy Project in the amount not to exceed $2,921,138; authorizing the Mayor or his designee to execute an Architect/Engineering Agreement; approving a resolution rescinding an unencumbered appropriation in the Water Resources Capital Project Fund (4003) in the amount of $1,850,000 from the SAN 34th S/S & Roser Park Lining FY13 Project (13818); and approving a supplemental appropriation in the amount of $1,038,380 from the unappropriated balance of the Water Resources Capital Project Fund (4003), resulting from the rescission, to the WRF SW Digesters FY13 Project (13830).  (Engineering Project No.13057-111, Oracle No.13830)

4.      Tourist Development Council.  (Councilmember Curran) (Oral)

5.      Awarding a contract to Precision Paving of Tampa, Inc. dba A R General Contractors, Inc., in the amount of $481,750 for the construction of the Mirror Lake Park Improvements Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029); $100,000 from the Demen’s Landing Improvements FY12 Project (13739) and $125,000 from the Park Lighting Improvements FY 13 (13749); and approving a supplemental appropriation in the amount of $290,000 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), partially resulting from these rescissions, to the Mirror Lake Park Improvements Project (13245).  (Engineering & CID No. 12204-017; Oracle No. 13245)  [DELETED]

6.      Authorizing the Mayor or his designee to execute a License Agreement with the University of South Florida Board of Trustees, a public body corporate, for the use of property located at 4240 – 35th Avenue South, St. Petersburg, within a portion of City-owned Clam Bayou, for a period of thirty-six (36) months, at a rent of $10.00 for the entire term.  (Requires affirmative vote of at least six (6) members of City Council.)

G.       New Business

1.      Requesting the Mayor and City Council delay the closing of the Pier until after the Primary Election on August 27, 2013.  (Councilmember Newton)

H.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (4/11/13)

2.      Public Services & Infrastructure Committee.  (4/11/13)

3.      Committee of the Whole.  (4/11/13)

4.      Youth Services Committee.  (4/18/13) (Oral)

I.         Legal

J.        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 Number 1516.

2.      Confirming the preliminary assessment for Building Securing Number 1175.

3.      Confirming the preliminary assessment for Building Demolition Number 402.

4.      Ordinance 1047-V 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)

5.      Ordinance 70-H 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; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this ordinance.

6.      Ordinance 71-H 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).

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.

7.      Appeal of Suspension of Extended Hours Permit for the Scene Premium Nighclub. [DELETED]

K.       Open Forum

L.       Adjournment

 


 

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Consent Agenda A

April 18, 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 the purchase of replacement aerial trucks from Altec Industries, Inc. for the Fleet Management Department at a total cost of $542,679.

(City Development)

2.      Approving disbursement of up to $719,000 from the Capital Repair, Renewal and Replacement Sinking Fund Account for Tropicana Field Capital Projects; and approving a supplemental appropriation in the amount of $719,000 from the unappropriated balance of the Tropicana Field Capital Projects Fund (3081) to the Tropicana Field FY13 Improvements Project (13845)

 


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Consent Agenda B

April 18, 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 contract to Precision Paving of Tampa, Inc. dba A R General Contractors, Inc., in the amount of $481,750 for the construction of the Mirror Lake Park Improvements Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029); $100,000 from the Demen’s Landing Improvements FY12 Project (13739) and $125,000 from the Park Lighting Improvements FY 13 (13749); and approving a supplemental appropriation in the amount of $290,000 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), partially resulting from these rescissions, to the Mirror Lake Park Improvements Project (13245).  (Engineering & CID No. 12204-017; Oracle No. 13245) [MOVED to Reports as F-5]

(City Development)

2.      Approving the plat of St. Petersburg Housing Authority Headquarters Subdivision, generally located at 2001 Gandy Boulevard North. (City File 11-20000008)

3.      Approving the 2012 Annual Report for the Intown Areawide Development of Regional Impact (IADRI).

4.      Approving the 2012 Annual Report for the Gateway Areawide Development of Regional Impact (GADRI).

5.      Authorizing the Mayor or his designee to execute a License Agreement with the University of South Florida Board of Trustees, a public body corporate, for the use of property located at 4240 – 35th Avenue South, St. Petersburg, within a portion of City-owned Clam Bayou, for a period of thirty-six (36) months, at a rent of $10.00 for the entire term.  (Requires affirmative vote of at least six (6) members of City Council.)  [MOVED to Reports as F-6]

(Miscellaneous)

6.      Authorizing the Mayor or his designee to accept a Walmart Foundation grant in the amount of $1,000 for the enhancement of life safety programs managed by St. Petersburg Fire & Rescue; and to execute all documents necessary to effectuate this transaction.

 

 

 

 


 

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

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

Youth Services Committee

Thursday, April 18, 2013, 8:30 a.m., Room 100

City Council Workshop - Transportation

Thursday, April 18, 2013, 10:00 a.m., Room 100

City Council Pier Workshop

Thursday, April 18, 2013, 1:00 p.m., Council Chamber

Fiscal Year 2014 Public Budget Public Summits

Wednesday, April 24 – Willis S. Johns Center – 6635 Dr. M.L. King Jr. St. N., 6:00 p.m.

Wednesday, May 15 – J.W. Cate Center – 5801 - 22nd Ave. N., 6:00 p.m.

Wednesday, June 12 – Enoch Davis Center – 1111 - 18th Ave. S., 6:00 p.m.

 

 


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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)

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.