meeting header

July 25, 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.

 


July 25, 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

1.      Introduction of the four student ambassadors from Takamatsu, Japan:  Ayaka Ono, Eriko Fujita, Ikumi Yamamoto, and Ken Takahashi.

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

Setting August 1, 2013 as the public hearing date for the following proposed Ordinance(s):

1.      Approving the vacation of that portion of 17th Avenue South lying 100 feet west of the western edge of 3rd Street South and the eastern edge of Salt Creek. (City File 13-33000007)

2.      Approving the designation of the Binnie-Bishop Hotel, located at 256 - 1st Avenue North, as a local historic landmark.  (City File HPC 13-90300002)

F.       Reports

1.      Fiscal Year 2014 Budget:

(a)   Resolution adopting proposed millage rates necessary to fund a tentative budget, other than the portion of said budget to be funded from sources other than ad valorem taxes for Fiscal Year 2014.

(b)  Resolution fixing a date for public hearings upon the tentative budget and proposed millage rate for Fiscal Year 2014.

2.      Resolution adopting revised Fiscal Policies for Fiscal Year 2014.

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

4.      Employee Health and Wellness Center.

5.      Universal Curbside Recycling.  (Oral)

6.      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)

G.       New Business

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

H.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (7/18/13)

2.      Public Services & Infrastructure Committee.  (7/18/13)

3.      Housing Services Committee.  (7/18/13)

4.      EMS Committee. (7/11/13)

I.         Legal - 2:00 p.m.

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 Treasure Island vs. City of St. Petersburg, Case No. 08-15359-CI-11.

2.      An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard 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.

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 1519.

2.      Confirming the preliminary assessment for Building Securing Number 1178.

3.      Confirming the preliminary assessment for Building Demolition Numbers 405 and 501.

4.      Resolution approving the FY 2013/2014 Annual Action Plan ("Plan"); authorizing the Mayor or his designee to submit said Plan to the U.S. Department of Housing and Urban Development and to execute all documents and contracts necessary for implementation of the Plan.

5.      Resolution approving a Substantial Amendment to the City’s FY 2012/13 Annual Action Plan (“Amendment”) to allocate $179,025 of the uncommitted balance of the Community Development Block Grant budget consisting of recaptured funding and earned program income, to projects that are ready to be implemented during the current fiscal year; authorizing the Mayor or his designee to submit the Amendment to the U.S. Department of Housing and Urban Development and to execute all documents necessary for  implementation of this resolution and the Amendment.

K.       Open Forum

L.       Adjournment

1.        On Thursday, July 25, 2013 in City Council Chambers 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 Treasure Island vs. City of St. Petersburg Case No. 08-15359-CI-11.  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; Joseph P. Patner, Assistant City Attorney; Jane Wallace, Assistant City Attorney and Kim Streeter, 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.

2.        On Thursday, July 25, 2013 in City Council Chambers, at 2:30 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 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.  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; Joseph P. Patner, Assistant City Attorney and Jeannine S. Williams, 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.

A


 

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Consent Agenda A

July 25, 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.      Awarding a contract to Steve’s Excavating and Paving, Inc. in the amount of $857,737 for Riviera Bay and Snell Isle Stormwater Vaults. (Engineering Project No. 11052-110; Oracle No.13730)

 


1

Consent Agenda B

July 25, 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.      Resolution extending an agreement with Verizon Florida, LLC, a sole source supplier, for one year for communications services for the Stormwater, Pavement, & Traffic Operations Department at an estimated annual cost of $200,000.    (DELETED)

2.      Approving the purchase of a digital fire station alerting system from Suncoast Communications & Electronics, Inc. for the Fire and Rescue Department at a total cost of $131,940.

(City Development)

3.      Resolution certifying that the Boys and Girls Clubs of the Suncoast, Inc. community development project to renovate the Royal Theater at 1011 - 22nd Street South is located in the St. Petersburg Enterprise Zone and consistent with local plans and regulations.

4.      Authorizing the Mayor or his designee to execute Amendment No. 2 to the Agreement between the City of St. Petersburg and Pinellas County Metropolitan Planning Organization ("MPO") for the Central Avenue Bus Rapid Transit Corridor Enhancement Project ("Project") that extends the project completion date to September 30, 2014, and to execute all other documents necessary to effectuate this resolution.

5.      Approving the plat of Salt Creek Replat, generally located at 1701 - 4th Street South. (City file 13-20000002)

(Leisure & Community Services)

6.      Authorizing the Mayor or his designee to accept a grant of $364,213 from the Florida Housing Finance Corporation (“FHFC”)  for FY 2013-2014 to fund the State Housing Initiatives Partnership (“SHIP”) Program for the purpose of providing affordable housing opportunities for low- and moderate-income persons; authorizing the submission of the 2013-2014 SHIP Funding Strategies Summary Certification form to FHFC; authorizing the Mayor or his designee to execute a grant agreement with FHFC and all other documents necessary to effectuate this transaction; approving a supplemental appropriation in the amount of $364,213 from the increase in the unappropriated balance of the SHIP Fund (1019), resulting in these additional revenues to the SHIP Program, Housing and Community Development Department (082) Housing Administration Division (1089).

(Public Works)

7.      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 Affiliated Engineers, Inc., Griner Engineering, Inc., Mashayekhi Consultants, Inc., and Matern Professional Engineering, to provide Miscellaneous Professional Services for Solar Energy, Energy Efficiency, Mechanical, Electrical, Plumbing, and Fire Protection Projects.

(

(Miscellaneous)

8.      Approving the minutes of May 2, May 9, and May 16, 2013 City Council meetings.

 

 

 

 


 

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

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, 1:00 p.m., Room 100

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

Committee of the Whole - Weeki Wachee

Thursday, August 8, 2013, 10:30 a.m., Room 100

City Council Meeting

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

City Council Workshop - Pier Design Development Update

Thursday, August 8, 2013, 1:30 p.m., Room 100

 

 


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Board and Commission Vacancies

Arts Advisory Committee

1 Regular Member

(Term expires 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)

(Term expires 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.