meeting header

May 16, 2013

2:00 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.

 


May 16, 2013

2:00 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

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

Setting June 6, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      Ordinance amending certain definitions in Section 11-47; amending Section 11-53 (1) by deleting Subsections (e) and (g); and amending Subsections 11-53 (2) c. and d. related to publicly owned outdoor places.

F.       Reports

1.      Acknowledging receipt of the Schematic Design Phase report for the new St. Petersburg Pier prepared by Michael Maltzan Architecture, Inc.; authorizing the Mayor or his designee to execute all documents necessary for Michael Maltzan Architecture, Inc. to proceed with the Design Development Phase and for Skanska USA Builders, Inc. to continue providing pre-construction phase services; approving the First Amendment to the Construction Manager at Risk Agreement with Skanska for additional pre-construction phase costs in an amount not to exceed seventy-five thousand dollars ($75,000) for engineered shop drawings for the design assist portions of the new Pier; and approving the transfer of $1,540,817 from the Downtown Redevelopment District Fund (1105) to the General Capital Improvement Fund (3001).

2.      Manhattan Casino Update.

3.      St. Petersburg Preservation Update.  (Oral)

4.      Resolution accepting payments in lieu of taxes in the amount of $63,068.91 from the St. Petersburg Housing Authority for the years ending December 31, 2010 and December 31, 2011; providing authorization to the Mayor or his designee to return these payments in lieu of taxes in the amount of  $63,068.91 to the St. Petersburg Housing Authority to support the facility maintenance and operations of the Dr. Carter G. Woodson African American Museum, property owned by the St. Petersburg Housing Authority and to execute all documents necessary to effectuate this resolution; and approving a supplemental appropriation in the amount of $63,068.91 from the unappropriated balance of the General Fund (0001) to the Budget & Management Department General Purpose Revenues and Transfers Aid to Private Organizations (0001 250 3201 5810120) resulting from these payments in lieu of taxes.

5.      Resolution recommending that Project #B3040845224 ("Project"), a confidential project pursuant to Section 288.075, Florida Statutes, be approved as a Qualified Target Industry (QTI) Business, pursuant to Section 288.106, Florida Statutes, committing $120,000 as the City's share of the local financial support for the Project under the Tax Refund Program for Qualified Target Industry Businesses.

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

7.      Announcement of a Brownfield public meeting to be held on Thursday, June 6, 2013 at the Gladden Park Recreation Center at 6:30 p.m. for the purpose of designating a new State of Florida Brownnfields Area in the City of St. Petersburg, Florida.  The new designation will include properties on the southwest corner of 22nd Avenue North and 29th Street North.

8.      Tourist Development Council (TDC).  (Councilmember Curran) (Oral)

9.      Tampa Bay Regional Planning Council.  (Councilmember Newton) (Oral)

10.    Pinellas Planning Council.  (Councilmember Kennedy) (Oral)

11.    City’s Summer Food Program to the Parks & Recreation Department:

(a)   Authorizing the Mayor or his designee to accept a grant from the State of Florida Department of Agriculture (“Department”) in an amount not to exceed $544,746  for the City’s summer food program and to execute a grant agreement and all other documents necessary with the Department; and approving a supplemental appropriation in the amount of $544,746 from the increase in the unappropriated balance of the General Fund (0001), resulting from these additional revenues, to the Parks & Recreation Department.

(b)  Renewing a blanket purchase agreement with G.A. Food Services of Pinellas County, Inc. d/b/a G.A. Food Service, Inc. for the Summer Food Service Program for the Parks and Recreation Department at an estimated annual amount of $422,057.

12.    Awarding a blanket purchase agreement to Times Publishing Company dba Tampa Bay Times for newspaper advertisements at an estimated annual cost of $150,000.

G.       New Business

1.      Referring to the Public Services & Infrastructure Committee for discussion the use of “golf carts” and/or similar vehicles on City streets/roadways.  (Councilmember Dudley)

2.      Requesting City Council support a resolution urging the Administrator of the Environmental Protection Agency and President Barack Obama to reduce greenhouse gas pollution under the Clean Air Act.  (Chair Nurse)

H.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (5/9/13)

2.      Public Services & Infrastructure Committee.  (5/9/13)

I.         Legal

1.    An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard at 2:00 p.m., or soon thereafter as the same may be heard, in conjunction with the lawsuit styled City of St. Petersburg v. Wells Fargo, etc., et al (formerly Wachovia Bank) Case No. 8:10-CV-693-T30-TBM.

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 1517.

2.      Confirming the preliminary assessment for Building Securing Number 1176.

3.      Confirming the preliminary assessment for Building Demolition Number 403.

K.       Open Forum

L.       Adjournment

1.        On Thursday, May 16, 2013 at 2:00 p.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 City of St. Petersburg v. Wells Fargo, etc., et al (formerly Wachovia Bank) Case No. 8:10-CV-693-T30-TBM.  Any or all of the following persons will be attending:  Karl Nurse, Chair, Bill Dudley, Vice Chair, 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; Jacqueline M. Kovilaritch, Assistant City Attorney, and Robert R. Marcus, of the Smith Moore Leatherwood LLP law firm.  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

May 16, 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.

(Leisure & Community Services)

1.      City’s Summer Food Program to the Parks & Recreation Department:  [MOVED to Reports as F-11]

(a)   Authorizing the Mayor or his designee to accept a grant from the State of Florida Department of Agriculture (“Department”) in an amount not to exceed $544,746  for the City’s summer food program and to execute a grant agreement and all other documents necessary with the Department; and approving a supplemental appropriation in the amount of $544,746 from the increase in the unappropriated balance of the General Fund (0001), resulting from these additional revenues, to the Parks & Recreation Department.

(b)  Renewing a blanket purchase agreement with G.A. Food Services of Pinellas County, Inc. d/b/a G.A. Food Service, Inc. for the Summer Food Service Program for the Parks and Recreation Department at an estimated annual amount of $422,057.

 


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Consent Agenda B

May 16, 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 blanket purchase agreement to Times Publishing Company dba Tampa Bay Times for newspaper advertisements at an estimated annual cost of $150,000.  [MOVED to Reports as F-12]

2.      Awarding a contract to New Vista Builders Group LLC (Tampa, FL), in the amount of $309,500.00 for the construction of the Mirror Lake Complex Upgrades Project (Engineering Project No. 11201-017; Oracle No. 12868).

3.      Awarding three-year blanket purchase agreements for electrical supplies to Mayer Electric Supply Company, Inc., Southern Electric Supply Company, Inc dba Rexel, and Electric Supply of Tampa, Inc. at estimated contract cost of $270,000.

4.      Renewing blanket purchase agreements with Cross Construction Services, Inc., Cross Environmental Services, Inc., EnviroRem, Inc. and three other contractors for asbestos abatement services for the Codes Compliance Department at an estimated annual cost of $105,000.

(City Development)

5.      Approving the Poynter Plat, generally located at 801 - 3rd Street South. (City File 09-20000003)

6.      Authorizing the Mayor or his designee to execute a License Agreement with Palmetto Park Crime Watch and Neighborhood Association, Inc., a Florida not-for-profit corporation, for the use of a surplus, unimproved City-owned parcel located at 2519 – 3rd Avenue South, St. Petersburg, as a “Community Garden” for a term of three (3) years for nominal consideration.

(

(Public Works)

7.      Approving a Local Agency Program Agreement (“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/build activities of the Pinellas Trail Extension Landscaping Project (“Project”) in an amount not to exceed $373,605; authorizing a supplemental appropriation in the amount of $373,605 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the Pinellas Trail Extension Landscaping Project (TBD); finding that $2,607 is an amount sufficient to pay for trail landscaping maintenance of the Project over its useful life of fifteen (15) years; authorizing a supplemental appropriation in the amount of $2,607 from the unappropriated balance of the General Fund (0001) to fund future trail landscaping maintenance required by the agreement between the City and FDOT; providing that the maintenance funds shall not need annual re-appropriations and shall be considered encumbered for the useful life of the project with only authorized expenditures from that project being for maintenance of the Project (TBD);  finding that execution of the agreement shall not be considered an unlawful act under Florida Statute 166.241, and authorizing the Mayor or his designee to execute the Agreement and all documents necessary to effectuate this transaction.

8.      Resolution rescinding an unencumbered appropriation in the Water Resources Capital Projects Fund (4003) in the amount of $126,000 from the SAN FM Design (AW) FY12 Project (13370); and approving supplemental appropriations from the unappropriated balance of the Water Resources Capital Projects Fund (4003), partially resulting from this rescission, in the amount of $126,000 to the WRF SW Biosolids Dewatering Facility FY13 Project (14034) and $94,000 to the WRF SW Solids Thickening Improvements FY13 Project (14035).

(Appointments)

9.      Approving the appointment of Gregory R. Holzwart as a regular member, non-category, to the Code Enforcement Board to serve an unexpired three-year term ending December 31, 2015.

(Miscellaneous)

10.    Approving the minutes of February 7, February 14, and February 21, 2013 City Council meetings.

 

 

 

 


 

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

City Council Workshop - FY14 CIP Budget

Tuesday, May 7, 2013, 1:00 p.m., Room 100

Budget, Finance & Taxation Committee

Thursday, May 9, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, May 9, 2013, 9:15 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, May 9, 2013, 1:30 p.m., Room 100

City Council Meeting

Thursday, May 9, 2013, 3:00 p.m., Council Chamber

City Council Workshop - FY14 Operating Budget

Tuesday, May 14, 2013, 8:30 a.m., Room 100

Fiscal Year 2014 Budget Public Summit

Wednesday, May 15, 2013 - J.W. Cate Center - 5801 - 22nd Ave. N., 6:00 p.m.

Consolidated Plan Review Committee

Thursday, May 16, 2013, 8:30 a.m., Room 100

Youth Services Committee

Thursday, May 16, 2013, 1:00 p.m., Room 100

Fiscal Year 2014 Budget Public Summit

Wednesday, June 12, 2013 - 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.