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.
Invocation and Pledge to the Flag of the United States of America.
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.
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 73-H 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.
2. 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.
(a) Approving a change notice to an Agreement (Blanket Agreement) with Morelli Landscaping, Inc. for landscaping services for the Engineering and Capital Improvements Department to include FDOT FY2012/2013 (Year 3 of 5) and City funded projects anticipated to be provided under the Agreement through January 31, 2014 in an amount not to exceed $1,300,000 for a total authorized contract amount of not to exceed $4,760,500; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.
(b) Authorizing the Mayor or his designee to accept funding under the District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement, as amended and modified, in an amount not to exceed $1,000,000 for FY 2012/2013 (Year 3 of 5); and approving a supplemental appropriation in the amount of $1,000,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the FDOT Right Of Way Landscape Improvements Project (13119).
9. Approving an agreement with American Housing Builders, Inc., to design, build and market single family residential homes on city acquired parcels pursuant to the Neighborhood Stabilization Program-3 (NSP-3) grant awarded to the city by the U.S. Department of Housing and Urban Development (HUD); and authorizing the Mayor or his designee to execute all documents necessary to effectuate these transactions at a cost not to exceed $600,000 plus future program income.
2. Ordinance in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, authorizing the restrictions contained in the Joint Participation Agreement (“JPA”) and the Assurances (“Grant Assurances”) which are attached to the JPA, to be executed by the City, as a requirement for receipt of the Florida Department of Transportation (“FDOT”) Grant in the amount of $100,000 which require that the City will make Albert Whitted Airport available as an airport for public use on fair and reasonable terms, use the project facilities and equipment in good working order for the useful life of said facilities or equipment, not to exceed 20 years from the date of acceptance of the Grant; authorizing the Mayor or his designee to accept the Grant in the amount of $100,000; authorizing the Mayor or his designee to execute all documents necessary to effectuate this Ordinance; approving a transfer of $25,000 in the Airport Operating Fund (4031) from the increased revenue from the advance rent payment of Sheltair Albert Whitted, LLC to the Airport Capital Fund (4033); approving supplemental appropriations from the increase in the un-appropriated balance of the Airport Capital Improvement Fund (4033) resulting from these additional revenues in the amount of $125,000 to the Airport – Hangar #1 Rehab Project (Project #TBD); providing an effective date; and providing for expiration. (Requires affirmative vote of at least six (6) members of City Council.)
3. Ordinance in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, authorizing the restrictions contained in Assurances (“Grant Assurances”) which are set forth in the Grant Documents to be executed by the City, as a requirement for receipt of the Federal Aviation Administration (“FAA”) Grant (“Grant”) in the amount of $115,740 which require that the City will not sell, lease, encumber or otherwise transfer or dispose of any part of the City’s right, title, or other interests in Albert Whitted Airport (“Airport”), nor cause or permit any activity or action on the Airport which would interfere with its use for airport purposes, for a period not to exceed 20 years from the date of acceptance of the grant; authorizing the Mayor or his designee to apply for and accept the Grant in the amount of $115,740 to conduct a Wildlife Hazard Assessment and complete a corresponding wildlife mitigation plan; authorizing the Mayor or his designee to execute all documents necessary to effectuate this Ordinance; providing an effective date; and providing for expiration. (Requires affirmative vote of at least six (6) members of City Council.)
4. Ordinance of the City of St. Petersburg deleting the existing Article VII of Chapter 26; creating a new Article VII of Chapter 26, Intersection Public Safety Program; providing a purpose; authorizing the use of traffic infraction detectors; adding definitions; providing for one or more local hearing officers to exercise the powers as provided in this Article and State Law related to the use of traffic infraction detectors; and providing for an appeals process for a notice of violation, which includes the assessment of administrative charges.
(b) An ordinance that would place the above ordinance on the ballot for the August 27, 2013, primary election. (Ordinance "B")
(c) An ordinance that would place several straw poll questions on the ballot for the August 27, 2013, primary election and decide the order of the ballot questions. (Ordinance "C") [DELETED]
1. 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)
2. Requesting the City of St. Petersburg establish a Sustainability Council to address the four E’s: the Economy, the Environment, Social Equality and Efficiency. In addition, requesting Administration apply to the Rockefeller Foundation for the 100 Resilient Cities grant. (Chair Nurse)
3. Requesting City Council change the start time of the June 13, 2013 City Council meeting from 3:00 p.m. to 2:00 p.m., to hold an Attorney Client Session in the case of the City of St. Petersburg vs. Wells Fargo. In addition, requesting City Council change the time of Agenda Review from 1:30 p.m. to 1:00 p.m. on that same day. (Chair Nurse)
(a) Resolution in accordance with City Code Section 21-38(d) Exempting Ribfest (Vinoy Park), E.A.T. St. Pete (Albert Whitted Park), Chillounge Night (North Straub Park), St. Pete Power and Sailboat Show (Albert Whitted Park), and Sunshine Music Fest (Vinoy Park), from the beer and wine only restrictions in City Code Section 21-38 (d) on the issuance of a permit for alcoholic beverages (for on premises consumption only) to be sold, served, dispensed, possessed, used and/ or consumed at their respective venues, during their events as set forth herein.
(b) Resolution approving events for co-sponsorship “in name only” by the City for Fiscal Year 2014; waiving the non-profit requirement of Resolution No. 2000-562(a) for the co-sponsored events to be presented by Competitor Group, Inc., Local Shopper, LLC, Pontiac Entertainment Media Group Incorporated, Times Publishing Company, Yachting Promotions, Inc., Live Nation Worldwide, Inc., Jam Active, LLC, Design Ofresco Corp., and Cooperwynn Capital, LLC d/b/a Cooperwynn Events In FY 2014; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.
(c) Resolution approving the applications for co-sponsored event status “in name only” for 1) Gulf Dynamics, Inc. (“GULF”) for an event entitled Paddles Up St. Pete to be held on September 28, 2013 in Lake Maggiore Park from 8:30 a.m. to 6:30 p.m.; and 2) the Association of Volleyball Professionals, Inc. (“AVP”) for an event entitled AVP Professional Volleyball Tournament to be held on September 13-15, 2013 in Vinoy Park from 7:00 a.m. to 10:00 p.m. on September 13 and 14 and from 7:00 a.m. to 6:00 p.m. on September 15 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 GULF and AVP; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.
(d) Resolution in accordance with City Code Section 21-38(d) exempting AVP Professional Volleyball Tournament (“Event”) from the beer and wine only restrictions in City Code Section 21-38 (d) on the issuance of a permit for alcoholic beverages (for on premises consumption only) to be sold, served, dispensed, possessed, used and/or consumed in Vinoy Park for the event to be held September 13-15, 2013 between the hours of 7:00 a.m. and 10:00 p.m. on September 13 and 14 and 7:00 a.m. to 6:00 p.m. on September 15.
(e) Ordinance providing for the sale and consumption of alcoholic beverages In Lake Maggiore Park on September 28, 2013.
1. Authorizing the issuance of not to exceed $46,500,000 City of St. Petersburg, Florida Non-Ad Valorem Revenue Bonds, Series 2013 (Pier Replacement Project) for the purpose of financing and/or reimbursing the costs of any design, and the planning, site preparation, acquisition, installation, construction (not including demolition of the existing over water pier structure), and equipping of a replacement City-owned municipal pier and authorizing the City Attorney and Bond Counsel to pursue validation of such bonds in accordance with Chapter 75, Florida Statutes.
2. Resolution of the City Council of the City of St. Petersburg, Florida establishing its intent to reimburse certain capital expenditures incurred in connection with the Jamestown Apartments and Townhomes Renovation Project with proceeds of a future tax-exempt financing; and providing certain other matters in connection therewith.
3. Announcement of an Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be held June 13, 2013 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.
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.
2. Renewing a blanket purchase agreement with J.H. Williams Oil Company, Inc. for marine grade gasoline, diesel fuel and motor oil for the Downtown Enterprise Facilities Department at an estimated annual cost of $643,400.
3. Approving an agreement with American Housing Builders, Inc., to design, build and market single family residential homes on city acquired parcels pursuant to the Neighborhood Stabilization Program-3 (NSP-3) grant awarded to the city by the U.S. Department of Housing and Urban Development (HUD); and authorizing the Mayor or his designee to execute all documents necessary to effectuate these transactions at a cost not to exceed $600,000 plus future program income. [MOVED to Reports as F-9]
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.
2. Awarding a contract to Steve Ward & Associates, Inc. in the amount of $129,306.00 for replacement laboratory cabinets for the Water Resources Department, Laboratory Improvements FY12 Project (13376).
3. Accepting a proposal from Cypress Gulf Development Corporation for the sale of clean fill dirt for the Stormwater Pavement & Traffic Operations Department at an estimated sales revenue of $120,000.
5. Amending the Equipment Lease Agreement (“Agreement”) dated March 28, 2012 between the City and Schwing Bioset, Inc. (“Schwing”) for an additional year and renewing a blanket purchase agreement with a sole source supplier, for a biosolids treatment system for the Water Resources Department at a cost not to exceed $325,000.
7. Authorizing the Mayor or his designee to execute a five (5) year License Agreement with the Florida Fish and Wildlife Conservation Commission to utilize certain City-owned submerged lands in Bayboro Harbor, described herein, to operate the Fish and Wildlife Research Institute Moorage; and to execute all documents necessary to effectuate same. (Requires an affirmative vote of at least six (6) members of City Council.)
8. Accepting a grant from the Coordinated Child Care of Pinellas, Inc. (“CCC”) in the amount of $14,980 to provide overlay programs entitled Command the Camera Video, Build Your Own PC, Audio Destination One DJ and Teen Fashion Photographer; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; and approving a supplemental appropriation of $14,980 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Parks and Recreation Department TASCO DPOTG FY13 Project.
9. 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 Coastal Planning & Engineering, Inc., Landon, Moree & Associates, Inc., and Moffatt & Nichol to provide Miscellaneous Professional Services for Municipal Marina and Port Projects.
12. Authorizing the Mayor or his designee to accept a Federal Emergency Management Agency, Department of Homeland Security Assistance to Firefighters matching subgrant in the amount of $131,940 for the specific purpose of a communications equipment purchase for the Fire and Rescue Department under the grantor’s Operations and Safety Program; and to execute all documents necessary to effectuate this transaction; approving a supplemental appropriation of $26,388 from the Technology Infrastructure Fund (5019) for transfer to the General Fund Special Projects Fund (0003), Fire Department (1501497) and a supplemental appropriation of $131,940 from the increase in the unappropriated balance of the Special Projects Fund (0003) resulting from these additional revenues to the Fire Department (150), Fire Operations.
16. Authorizing the Mayor or his designee to execute an Agreement to Terminate Lease for the existing lease agreement dated June 7, 2012 between the City of St. Petersburg (“City”) and the Community Development Institute Head Start, Inc. for the use of the Jordan School site located at 2390 – 9th Avenue South, St. Petersburg (“School”); and to execute a thirty-six (36) month Lease Agreement between the City and Lutheran Services Florida, Inc., for the use of the School.
Note: An abbreviated listing of upcoming City Council meetings. Meeting Agenda
(may change to 2:00 p.m. based on City Council action on 6/6/13)
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.