meeting header

August 1, 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.



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 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.


August 1, 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.       Public Hearings and Quasi-Judicial Proceedings - 9:00 A.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.      Ordinance 1049-V 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)

Quasi-Judicial Proceedings

Swearing in of witnesses.  Representatives of City Administration, the appli­cant/appellant, opponents, and members of the public who wish to speak at the public hearing must declare that he or she will testify truthfully by taking an oath or affirmation in the following form:

"Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?"

The oath or affirmation will be administered prior to the presentation of testimony and will be administered in mass to those who wish to speak.  Persons who submit cards to speak after the administration of the oath, who have not been previously sworn, will be sworn prior to speaking.   For detailed procedures to be followed for Quasi-Judicial Proceedings, please see yellow sheet attached to this agenda.

2.      Ordinance 085-HL approving the designation of the Binnie-Bishop Hotel, located at 256 - 1st Avenue North, as a local historic landmark.  (City File HPC 13-90300002)

E.       Reports

1.      Arts Alliance Update.  (John Collins) (Oral)

2.      34th Street South Corridor Improvement Plan Update (Oral).

3.      Resolution initiating a local landmark application for Block 25, Revised Map of St. Petersburg, commonly known as the Jannus Landing Block, to be designated as a local landmark district.  This item is a referral from the Community Preservation Commission (CPC).

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

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

Setting August 22, 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.

2.      Approving the designation of the Endicott Residence, located at 233 - 3rd Street North, as a local historic landmark. (City File HPC 12-90300001)

3.      An Ordinance in accordance with Section 1.02(c)(3), St. Petersburg City Charter, authorizing the grant of a Public Utility Easement to Duke Energy Florida, Inc., a Florida corporation, d/b/a Duke Energy, within Poynter Park located at 1000 Third Street South, St. Petersburg.

G.       New Business

H.       Legal

I.         Open Forum

J.        Adjournment





Consent Agenda

August 1, 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.

(City Development)

1.      A resolution authorizing the Mayor, or his Designee, to execute a License Agreement with Sunshine Chess Club, Inc., a Florida not-for-profit corporation, for the use of commercially zoned, City-owned property within Mirror Lake Park, which is located at 540 Fourth 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.

2.      A resolution authorizing the Mayor, or his Designee, to execute a License Agreement with Beach Drive Banquet, LLC, a Florida limited liability company, for renting and operating vessels in the North Yacht Basin and the surrounding areas for a period of one (1) year for a monthly base rent of $500.00, with the right to request use of the Premises for two (2) additional terms of (1) year each. Requires affirmative vote of at least six (6) members of City Council.

(Leisure & Community Services)

3.      Approving a Library Interlocal Agreement for the Pinellas Public Library Cooperative; authorizing the Mayor or his designee to execute the Library Interlocal Agreement and authorizing the City Attorney to make non-substantive changes to the Library Interlocal Agreement to clarify sections of the Library Interlocal Agreement.




4.      Rescinding a purchase from Tampa Truck Center, LLC in the amount of $531,888.00; and approving a purchase from Rush Truck Centers of Florida, Inc. D/B/A Rush Truck Center, Tampa in the amount of $535,311.00 for replacement commercial refuse trucks for the Sanitation Department for a net increase of $3,423.00.

5.      Approving the submission of a grant application for FY2014 Edward Byrne Memorial Justice Assistance Grant ("JAG") Funds; accepting $23,895 upon award from Pinellas County as the City's share of JAG funds to continue funding of law enforcement initiatives as set out in the County's Grant Application; and, authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.







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

Youth Services Committee. (CANCELED)

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

City Council Workshop - Transportation

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

CRA/Agenda Review and Administrative Updates

Thursday, July 25, 2013, 1:00 p.m., Room 100

Budget, Finance & Taxation Committee

Thursday, August 8, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, August 8, 2013, 9:15 a.m., Room 100

Committee of the Whole - Weeki Wachee

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

City Council Workshop - Pier Design Development Update

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

City Council Meeting

Thursday, August 8, 2013, 3:00 p.m., Council Chamber




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)




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.