meeting header

June 20, 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.

 


June 20, 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

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

Setting July 11, 2013 as the public hearing date for the following proposed Ordinance(s):

F.       Reports

1.      Fire Quarterly Update.

2.      Construction Incentive Program Local Priority Hiring.

(a)   Ordinance amending the St. Petersburg City Code by adding Division 5 to Chapter 2, Article V to create a Construction Incentive Program; amending Section 2-214 to allow for retainance until one hundred percent completion of a construction contract and to allow for a lower percentage retainage upon approval of the POD for participation in the Construction Incentive Program.

3.      Tourist Development Council. (Councilmember Curran) (Oral)  [DELETED]

4.      WorkNet Pinellas.  (Councilmember Newton) (Oral)

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

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

G.       New Business

1.      Referring to the Public Safety & Infrastructure Committee a discussion on how to reduce the noise of leaf blowers.  (Chair Nurse)

2.      Requesting a discussion regarding funds for education of the Lens Project.  (Councilmember Danner)

H.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (6/13/13)

(a)   Resolution authorizing the Mayor or his designee to advertise the draft FY 2013/14 Annual Action Plan and to execute all other documents necessary to effectuate this resolution.

2.      Public Services & Infrastructure Committee.  (6/13/13)

I.         Legal - 3:30 p.m.

1.      An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard at 3:30 p.m., or soon thereafter as the same may be heard, in conjunction with the lawsuit styled Raymond E. Young v. City of St. Petersburg, Florida, Case No. 12-2013-CI-19. 

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 1518.

2.      Confirming the preliminary assessment for Building Securing Number 1177.

3.      Confirming the preliminary assessment for Building Demolition Numbers 404 and 500.

4.      Approving the Southside St. Petersburg Blight Study; making a "findings of necessity" as required by Florida Statutes pursuant to establishing a community redevelopment area; requesting City Administration to prepare a redevelopment plan for the Southside St. Petersburg Community Redevelopment Area; requesting the Pinellas County Board of County Commissioners to delegate redevelopment powers to the City of St. Petersburg City Council, as defined under the Florida Community Redevelopment Act of 1969; and requesting authority from the Pinellas County Board of County Commissioners to establish two (2) tax increment financing districts and two (2) redevelopment trust funds within the Southside St. Petersburg Community Redevelopment Area, as generally defined in Exhibit B of attached staff report.

5.      Ordinance 1048-V approving the vacation of a 16 foot wide east-west alley located south of 2818, 2826 & 2834 - 35th Avenue North. (City File 13-33000003)

6.      Ordinance 74-H 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).

7.      Ordinance 75-H 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).

8.      Intersection Public Safety Program:

(a)   Ordinance 76-H 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)  Resolution approving a First Amendment to Agreement with American Traffic Solutions, Inc.

(c)   Resolution appointing Local Hearing Officers to exercise the powers as provided in applicable Florida Laws and City Ordinance 76-H.

(d)  Resolution appointing the City Clerk’s Office as Clerk to the Local Hearing Officers as required by applicable Florida Laws to perform the duties as provided in applicable Florida Laws and City Ordinance 76-H.

9.      Ordinance 77-H providing for an election on a Proposed Ordinance submitted by an initiative petition pursuant to Article Seven of the City Charter of the City of St. Petersburg; providing for the calling of a Special Municipal Election to be held in conjunction with the City's Primary Election on August 27, 2013 to present the Proposed Ordinance to the voters; providing for the form of the title and the question to appear on the ballot; providing for the Proposed Ordinance to become an Ordinance of the City if it is approved by a majority of the voters voting on the question of the adoption of the Ordinance in the August 27, 2013 election; and  providing for findings.

10.    Ordinance 78-H providing for the sale and consumption of alcoholic beverages In Lake Maggiore Park on September 28, 2013.

11.    Resolution establishing a new Brownfield Area designation at the southwest corner of 29th Street North and 22nd Avenue North.

K.       Open Forum

L.       Adjournment

1.        On Thursday, June 20, 2013, in City Council Chambers at 3:30 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 Raymond E. Young v. City of St. Petersburg, Florida, Case No. 12-2013-CI-19.  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, and Joseph P. Patner, 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.

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Consent Agenda A

June 20, 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 a blanket purchase agreement with HD Supply Waterworks, LTD (HDSW) for water and sewer supplies for the Water Resources Department at an annual cost of $1,300,000.

2.      Accepting a proposal from Premier Magnesia, LLC, a sole source supplier, for wastewater odor control services for the Water Resources Department at an estimated annual cost of $500,000.

 


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Consent Agenda B

June 20, 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 Sonny Glasbrenner, Inc., in the amount of $341,500 for the construction of the Grandview Park Boat Ramp Improvement Project.  (Engineering Project No. 11236-017; Oracle Project No. 13181)

(City Development)

2.      Authorizing the Mayor or his designee to execute a Lease Agreement with Northwest Youth Baseball, Inc., a not-for-profit corporation, for the use of a restroom/concession stand/storage building within a portion of City-owned Northwest Park located at 5801 – 22nd Avenue North, St. Petersburg, for a period of three (3) years at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

3.      Authorizing the Mayor or his designee to execute a Third Amendment to Lease Agreement with BiPlane Rides, Inc., a Florida corporation, for the use of a fifty (50) square foot area of interior retail floor space on the first floor of the Galbraith Terminal Building at Albert Whitted Airport for a period of one (1) year at a rental rate of $55.00 per month, plus utility expense at a rate of $55.00 per month, with the right to request an extension for an additional one (1) year term, subject to approval by City Council. (Requires affirmative vote of at least six (6) members of City Council.)

4.      Authorizing the Mayor or his designee to sell a City-owned property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act of 2008 located at 3443 - 17th Avenue South , St. Petersburg, for the sum of $95,000; and to pay appropriate closing related costs and down payment assistance in accordance with the Neighborhood Stabilization Program.

5.      Authorizing the Mayor or his designee to execute a five (5) year License Agreement with Richard and Elizabeth Widera, for an annual fee of $50.00, to fence a portion of a City-owned property located in Safety Harbor for the City’s 36-Inch Water Transmission Main.

6.      Authorizing the Mayor or his designee to execute an Agreement To Terminate License for the existing license agreement dated October 6, 2011 between the City of St. Petersburg (“City”) and the Pinellas Core Management Services, Inc. for the use of ±4,688 sq. ft. of office and meeting room space within City-owned Enoch Davis Center located at 1111 – 18th Avenue South, St. Petersburg (“Premises”); to execute a twenty-seven (27) month License Agreement between the City and the Florida Department of Health, a Florida state agency providing services in Pinellas County, for the use of the Premises.

7.      Confirming the appointment of Monica Abbott, Richard J. Beaupre and Corey D. Givens, Jr. as regular members to the City Beautiful Commission to serve unexpired three-year terms ending December 31, 2015.

8.      Authorizing the Mayor or his designee to accept a grant from the National Highway Traffic Safety Administration (“NHTSA”) and the Florida Department of Transportation (“FDOT”) in the amount of $33,306 to fund Police Department overtime costs for the purpose of conducting pedestrian safety enforcement operations; and to execute all documents necessary to effectuate this transaction; approving a supplemental appropriation in the amount of $33,306 from the increase in the unappropriated balance of the Operating Grants Fund (1720) resulting from these additional revenues to the Police Department, Traffic & Marine (140-1477), Pedestrian Safety Grant Project (12774).

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1

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

Fiscal Year 2014 Budget Public Summit

Wednesday, June 12, 2013 - Enoch Davis Center - 1111 - 18th Ave. S., 6:00 p.m.

Budget, Finance & Taxation Committee

Thursday, June 13, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, June 13, 2013, immediately following BFT Committee, Room 100

CRA/Agenda Review & Administrative Updates

Thursday, June 13, 2013, 1:00 p.m., Room 100

City Council Meeting

Thursday, June 13, 2013, 2:00 p.m., Council Chamber

Housing Services Committee

Thursday, June 20, 2013, 10:30 a.m., Room 100

 

 


1

Board and Commission Vacancies

Arts Advisory Committee

2 Regular Members

(Terms expire 9/30/13 & 9/30/14)

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.