meeting header

July 11, 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.

 


July 11, 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.

F.       Reports

1.      2013 Legislative Report, William J. Peebles, P.A. & John Wayne Smith.  (Oral)

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

3.      Central Avenue Revitalization Plan Update.  (Oral)

4.      Discussion related to the selection of an impartial third party to facilitate political debates for upcoming municipal elections and setting the time, date and locations of these debates.

5.      Approving the purchase of 11 replacement commercial and residential refuse trucks from Kenworth of Central Florida, Inc., Tampa Truck Center, LLC and Rush Truck Centers of Florida, Inc. D/B/A Rush Truck Center, Tampa for the Sanitation Department at a total cost of $2,835,896.50.

6.      Approving the purchase of 35 replacement trucks from Duval Ford, LLC doing business as Duval Ford for the Fleet Management department at a total cost of $1,453,318.

7.      Approving a Supplemental Appropriation of $575,650 from the increase in the unappropriated balance of the General Fund (0001) resulting from the reimbursement of the General Fund for litigation related fees and costs from the proceeds of the Wells Fargo settlement to the Legal Department (030) for the payment of the contingent additional compensation to special legal counsel, Smith, Moore Leatherwood LLP, in the case of City of St. Petersburg v. Wachovia Bank, N.A. (Wells Fargo Bank, N.A. is the successor to Wachovia Bank, N.A.)

8.      Accepting the award of a contract in the amount of $900,000 annually for the provision of fire protection and emergency medical services for the East Highpoint Fire District.

9.      Awarding a contract to Eveland Brothers, Inc.  in the amount of $245,628.79 for the construction of the Childs Park Linear Park Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029):  $12,593.25 from the Childs Park Center Add-Improvements Project (12568) and $4,000 from the Childs Park Linear Park Project (12870); approving a supplemental appropriation in the amount of $12,593.25 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), resulting from this rescission, to the Childs Park Linear Park Project (12870); approving the transfer of $4,000 from the increase in the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), resulting from this rescission, to the Arts in Public Places Fund (1901). (Engineering Project No. 11203-017; Oracle Project No. 12870)

10.    Authorizing the Mayor or his designee to accept a Deed in Lieu of Paying Special Assessments on an unimproved parcel located at approximately 1767 Newark Street South, St. Petersburg, from Moon Castle Holdings, LLC.

11.    Authorizing the Mayor or his designee to accept a Deed in Lieu of Paying Special Assessments on an unimproved parcel located at approximately 790 – 22nd Avenue South, St. Petersburg, from PPTS 1, LLC.

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

Setting July 25, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      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.

H.       New Business

1.      Requesting the Mayor, City Council and City Administration to remove any and all images of "The Lens Canopy" from all City Buildings, Website, Marketing Materials, City Staff Presentations, City TV, City Media Outlets, City PSA Media Outlets and City Vehicles.  Current images should be provided to reflect what "The Lens Canopy" looks like now.  (Councilmember Newton) (Oral)

2.      Requesting City Council endorse the Edge Business District's application as a Main Street.  (Chair Nurse)

3.      Requesting City Council appoint the League of Women Voters to conduct and facilitate political debates for the primary and general elections.  (Chair Nurse)

4.      Requesting the Mayor and City Administration end the practice of any and all take home city vehicles (excluding K9 Units) that leave the City limits.  (Councilmember Newton)

5.      Requesting the Mayor and City Administration provide an accurate accountability of any and all city vehicles under their control; up to and including all fuel, maintenance, accident repair and non-city mileage use (commute mileage).  Provide quarterly reports to the Mayor and Council.  (Councilmember Newton)

6.      Requesting the Mayor and City Administration require reimbursement at the State or Federal IRS rate for all non-city mileage use for all city vehicles.  (Councilmember Newton)

I.         Council Committee Reports

1.      Housing Services Committee.  (6/20/13)

(a)   Resolution of the City of St. Petersburg City Council recommending that the State of Florida annually allocate full funding from the Local Government Housing Trust Fund to Local Governments for the State Housing Initiatives Partnership ("SHIP") Program in accordance with the provisions of the State Housing Initiatives Partnership Act for the purpose of providing affordable housing for low- and moderate- income persons.

J.        Legal

1.      Announcement of an Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be held July 25, 2013 at 2:00 p.m., or soon thereafter as the same may be heard, in conjunction with the lawsuit styled City of Treasure Island vs. City of St. Petersburg Case No.  08-15359-CI-11.

2.      Announcement of an Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be held July 25, 2013 at 2:30 p.m., or soon thereafter as the same may be heard, in conjunction with the lawsuit styled Jeffrey Joel Judy v. Pinellas County, Florida, Robert S. Lasala, City of St. Petersburg and Tish Elston, Case No. 8:12-cv-01386-JDW-TGW.

K.       Open Forum

L.       Adjournment

A


 

1

Consent Agenda A

July 11, 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.      Approving the purchase of 11 replacement commercial and residential refuse trucks from Kenworth of Central Florida, Inc., Tampa Truck Center, LLC and Rush Truck Centers of Florida, Inc. D/B/A Rush Truck Center, Tampa for the Sanitation Department at a total cost of $2,835,896.50.  [MOVED to Reports as F-5]

2.      Approving the purchase of 35 replacement trucks from Duval Ford, LLC doing business as Duval Ford for the Fleet Management department at a total cost of $1,453,318.  [MOVED to Reports as F-6]

3.      Accepting a proposal from Intergraph Corporation, a sole source supplier, for software and licenses for the Police Department’s Computer Aided Dispatch (CAD) and Records Management System (RMS) systems at a total cost of $894,290.

(Miscellaneous)

4.      Approving a Supplemental Appropriation of $575,650 from the increase in the unappropriated balance of the General Fund (0001) resulting from the reimbursement of the General Fund for litigation related fees and costs from the proceeds of the Wells Fargo settlement to the Legal Department (030) for the payment of the contingent additional compensation to special legal counsel, Smith, Moore Leatherwood LLP, in the case of City of St. Petersburg v. Wachovia Bank, N.A. (Wells Fargo Bank, N.A. is the successor to Wachovia Bank, N.A.)  [MOVED to Reports as F-7]

5.      Accepting the award of a contract in the amount of $900,000 annually for the provision of fire protection and emergency medical services for the East Highpoint Fire District.  [Moved to Reports as F-8]

 


1

Consent Agenda B

July 11, 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 a replacement directional boring machine from Vermeer Southeast Sales & Service Inc. for the Water Resources Department at a total cost of $295,140.29.

2.      Awarding a contract to Vinmar Waterproofing & Concrete Restoration, LLC in the amount of $286,809.50 for Bridge Repair FY 2012. (Engineering Project Number 12060-110; Oracle Number 13265 and 13719)

3.      Awarding a contract to Eveland Brothers, Inc.  in the amount of $245,628.79 for the construction of the Childs Park Linear Park Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029):  $12,593.25 from the Childs Park Center Add-Improvements Project (12568) and $4,000 from the Childs Park Linear Park Project (12870); approving a supplemental appropriation in the amount of $12,593.25 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), resulting from this rescission, to the Childs Park Linear Park Project (12870); approving the transfer of $4,000 from the increase in the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), resulting from this rescission, to the Arts in Public Places Fund (1901). (Engineering Project No. 11203-017; Oracle Project No. 12870)  [MOVED to Reports as F-9]

4.      Awarding blanket purchase agreements to All About Hauling, Inc., Angelo’s Aggregate Materials, LLC d/b/a Angelo’s Recycled Materials and Florida Dirt Source, LLC for road and landscape materials at an estimated annual cost of $150,000.

5.      Awarding a three-year blanket purchase agreement to Buccaneer Landscape Management Corporation for right-of-way landscape maintenance services for the Parks and Recreation Department at an estimated annual amount of $107,560.

6.      Awarding a contract to Service Works Commercial Roofing, Inc., in the amount of $102,467.00 for the NEWRF & SWWRF Miscellaneous Roof Repairs project.  (Engineering Project No. 13034-111; Oracle Nos.12965 and 13829)

7.      Accepting a proposal from CDW Government LLC to furnish and install a replacement Storage Area Network (SAN) for the Information and Communication Services Department at a cost of $229,451.

(City Development)

8.      Authorizing the Mayor or his designee to accept a Deed in Lieu of Paying Special Assessments on an unimproved parcel located at approximately 1767 Newark Street South, St. Petersburg, from Moon Castle Holdings, LLC.  [MOVED to Reports as F-10]

9.      Authorizing the Mayor or his designee to accept a Deed in Lieu of Paying Special Assessments on an unimproved parcel located at approximately 790 – 22nd Avenue South, St. Petersburg, from PPTS 1, LLC.  [MOVED to Reports as F-11]

10.    Approving the assignment of the Lease Agreement between the City of St. Petersburg and ITT Corporation to Exelis, Inc. (Requires affirmative vote of at least six (6) members of City Council.)

11.    Authorizing the Mayor or his designee to execute an Agreement with the School Board of Pinellas County to continue to allow joint use of lighted recreation fields and other related improvements constructed by the City of St. Petersburg at the Azalea Middle School site for an initial period of five (5) years; and to execute subsequent renewals of this Agreement under the same basic terms and conditions.

12.    Authorizing the Mayor or his designee to execute an Agreement with the School Board of Pinellas County to continue to allow joint use of lighted recreation fields and other related improvements constructed by the City of St. Petersburg at the Meadowlawn Middle School site for an initial period of five (5) years; and to execute subsequent renewals of this Agreement under the same basic terms and conditions.

(

 

(

(Miscellaneous)

13.    Approving the minutes of March 7, March 14, March 21, April 4, April 11, and April 18, 2013 City Council meetings.

 

 

 

 


 

1

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

EMS Committee

Thursday, July 11, 2013, immediately following Council meeting, Room 100

Budget, Finance & Taxation Committee

Thursday, July 18, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, July 18, 2013, 9:15 a.m., Room 100

Housing Services Committee

Thursday, July 18, 2013, 10:30 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, July 18, 2013, 1:30 p.m., Room 100

City Council Meeting

Thursday, July 18, 2013, 3:00 p.m., Council Chamber

Youth Services Committee

Thursday, July 25, 2013, 8:30 a.m., Room 100

City Council Workshop - Transportation

Thursday, July 25, 2013, 10:00 a.m., Room 100

 

 


1

Board and Commission Vacancies

Arts Advisory Committee

1 Regular Member

(Terms expire 9/30/13)

City Beautiful

2 Regular Members

(Terms expire 12/31/14 & 12/31/15)

Civil Service Board

1 Regular & 2 Alternate Members

(Terms expire 6/30/14, 6/30/15 & 6/30/16)

Code Enforcement Board

1 Regular Member (Engineer)

(Terms expire 12/31/13)

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.