meeting header

August 22, 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.

 


August 22, 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)

F.       Reports

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

2.      WorkNet Pinellas Youth Economic Opportunity Committee.  (Councilmember Newton) (Oral)

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

4.      Awarding a contract to LEMA Construction & Developers, Inc. in the amount of $817,800 for the construction of the Rio Vista Park Improvements Project.   (Engineering Project No. 11233-017; Oracle Project No. 13166)

5.       Florida League of Cities Annual Conference.  (Council Chair Nurse & Councilmember Newton) (Oral)

G.       New Business

1.      Referring to the Public Services & Infrastructure Committee a discussion to amend the Land Development Regulations (LDR) to eliminate 6-foot chain link fences on Central Avenue.  (Councilmember Danner)

2.      Referring to the Public Services & Infrastructure Committee a request to explore transmitting the City television signal to Riverview for broadcast on digital side channel (38.4) Channel 35.  (Councilmember Newton)

3.      Requesting City Council support a resolution to resolve the dispute between the Florida Department of Transportation and the Florida Gas Transmission which is delaying the design and construction of the Gandy Boulevard limited access project.  (Councilmember Kennedy)

4.      Requesting City Council extend the proposed southern boundary for the Downtown Waterfront Master Plan study area from the proposed Poynter Park to Lassing Park.  (Councilmember Curran)

H.       Council Committee Reports

1.      Co-Sponsored Events Committee.  (7/25/13)

(a)   Resolution in accordance with City Code Section 21-38(d) exempting Downtown Food & Wine Fest (South Straub Park) and 97x Next Big Thing (Vinoy Park) from the beer and wine only restrictions on serving of alcoholic beverages 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 the times and on the dates of the events as set forth herein.

(b)  Resolution approving the applications for Co-Sponsored Event status “In Name Only” for 1) CBS Radio Stations, Inc. (“CBS”) for an event entitled Downtown Food & Wine Fest to be held on September 14, 2013, in South Straub Park from 10:00 a.m. to 9:00 p.m.; 2) Farm Sanctuary, Inc. (“Farm”) for an event entitled Tampa Bay Walk for farm animals to be held on November 2, 2013, in Spa Beach and adjacent City streets, from 1:00 p.m. to 5:00 p.m.; 3) Florida Adventure Sports, LLC (“Adventure”) for an event entitled Run Wild St. Pete to be held on November 2, 2013, in Boyd Hill Nature Park, from 6:00 a.m. to 4:00 p.m.; 4) Cox Radio, Inc. (“Cox”) for an event entitled 97x Next Big Thing to be held on December 7, 2013, in Vinoy Park from 10:00 a.m. to 10:00 p.m.; and 5) Flight 2014, Inc. (“Flight”) for an event entitled First Airline Centennial to be held on January 1, 2014 on the Pier approach from 8:00 a.m. to 2:00 p.m., 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 CBS, waiving the non-profit requirement of Resolution No. 2000-562(a)8 as to CBS, Adventure and Cox; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

2.      Budget, Finance & Taxation Committee.  (8/8/13)

3.      Public Services & Infrastructure Committee.  (8/8/13)

4.      Committee of the Whole - Weeki Wachee.  (8/8/13)

(a)   Resolution of the City Council providing for the waiver of Section 21-120 (f) of the City Code relating to approval of projects and allocation of monies from the Weeki Wachee Operating Fund; approving a transfer in the amount of $495,294 from the unappropriated balance of the Weeki Wachee Operating Fund (1041) to the Weeki Wachee Capital Projects Fund (3041); and a supplemental appropriation in the amount of $495,294 from the increase in the unappropriated balance of the Weeki Wachee Capital Projects Fund resulting from this transfer to the Athletic Fields Shade Structure Project.

(b)  Accepting a bid from Creative Shade Solutions, Inc. for shade structures for the Parks & Recreation Department at a total cost of $495,294; approving a  transfer in the amount of $495,294 from the unappropriated balance of the Weeki Wachee Operating Fund (1041) to the Weeki Wachee Capital Projects Fund (3041); and approving a supplemental appropriation in the amount of $495,294 from the increase in the unappropriated balance of the Weeki Wachee Capital Projects Fund, resulting from this transfer, to the Shade Structure for Athletic Facilities Project (TBD).

(c)   Resolution of the City Council providing for the waiver of Section 21-120 (f) of the City Code relating to approval of projects and allocation of monies from the Weeki Wachee Operating Fund; approving a transfer in the amount of $10,000 from the unappropriated balance of the Weeki Wachee Operating Fund (1041) to the Weeki Wachee Capital Projects Fund (3041); and a supplemental appropriation in the amount of $10,000 from the increase in the unappropriated balance of the Weeki Wachee Capital Projects Fund resulting from this transfer to the Rahall Property Purchase Project.

I.         Legal

J.        Public Hearings and Quasi-Judicial Proceedings

Public Hearing - 4:00 PM

 

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.      Agreements between All Children's Hospital and the City of St. Petersburg:

(a)   City of St. Petersburg to All Children's Hospital Sale and Development Agreement.

(b)  All Children's Hospital Foundation to City of St. Petersburg Agreement for Sale.

(c)   Assignment and Assumption of the YWCA Lease to All Children's Hospital.  ~ CLOSE PUBLIC HEARING & RECESS CITY COUNCIL MEETING & CONVENE CRA MEETING ~

Public Hearings - 6:00 PM

2.      Confirming the preliminary assessment for Lot Clearing Number 1520.

3.      Confirming the preliminary assessment for Building Securing Number 1179.

4.      Confirming the preliminary assessment for Building Demolition Numbers 406 and 502.

5.      Ordinance 79-H 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.

6.      Ordinance 80-H 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.

Quasi-Judicial Proceedings - 6:00 PM

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.

7.      Ordinance 086-HL approving the designation of the Endicott Residence, located at 233 - 3rd Street North, as a local historic landmark. (City File HPC 13-90300001)

K.       Open Forum

L.       Adjournment

A


St. Petersburg

Community Redevelopment Agency (CRA)

August 22, 2013

 

 

1.      City Council convenes as Community Redevelopment Agency.

2.      Resolution finding 1) that the disposition of Lots 1 through 7, Block 6, Manhattan Park Subdivision (“Disposition”) at less than fair value will enable the future expansion of All Children's Hospital facilities and advance the development of the medical district which is consistent with, and will further the implementation of, the Bayboro Harbor Community Redevelopment Area Plan; and 2) recommending approval of the Disposition to the City Council of the City of St. Petersburg, Florida; authorizing the Executive Director or his designee to execute all documents necessary to effectuate this Resolution.

3.      Adjourn Community Redevelopment Agency.   ~ RECONVENE CITY COUNCIL MEETING ~  City Council takes Executive Action on Agreements between All Children's Hospital and the City of St. Petersburg

 


1

Consent Agenda A

August 22, 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 Metro Equipment Service, Inc. in the amount of $1,685,604 for the construction of Pasadena 36” Force Main Replacement, Phase II.  (Engineering Project No. 04040-311; Oracle No. 13367)

 


1

Consent Agenda B

August 22, 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 three-year blanket purchase agreement for yard waste transport services to Zimmer Equipment, Inc. for the Sanitation Department at an estimated annual cost of $268,561.

2.      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.

3.      Approving an increase to the allocation for bunker gear to Municipal Emergency Services, Inc in the amount of $95,000, which increases the total contract amount to $165,000.

4.      Awarding a contract to Bank of America, N.A. and Banc of America Merchant Services, LLC for merchant credit card services at an estimated annual cost of $490,000.

(City Development)

5.      Authorizing the Mayor or his designee to execute a First Amendment to License Agreement with the Elreha Florida Corporation ("Elreha"), to extend the term for five (5) years, with a fee of $50.00 per year, for use of a strip of City-owned property that is an extension of the Pinellas Trail, for ingress and egress to Elreha’s parking lot.

(

(Public Works)

6.      Approving a supplemental appropriation in the amount of $300,000 from the unappropriated balance of the Neighborhood and Citywide Infrastructure Capital Improvement fund (3027) to the Energy Conservation Measure - Lighting Retrofits Project (TBD); that includes replacement or retrofitting the existing HID lighting in facilities to include, but not limited to, Al Lang parking lot, Fire Stations, Fleet Maintenance, Water Resources facilities, Traffic Engineering, Central Records and the Consolidated Warehouse with new technology LED and Induction lighting; and authorizing the Mayor or his designee to execute all documents necessary to effect this Resolution and the Lighting Retrofits Project.

(Appointments)

7.      Confirming the appointment of Doris Heitzmann as a regular member to the City Beautiful Commission to serve an unexpired three-year term ending December 31, 2014.

8.      Confirming the appointment of Larry LaDelfa as a regular member to the Public Arts Commission to serve an unexpired four-year term ending February 28, 2014.

(Miscellaneous)

9.      Approving a contract with the Pinellas County Supervisor of Elections for support services for the 2013 General Election and approving a supplemental appropriation in the amount of $262,000 from the unappropriated balance of the General Fund.

10.    Authorizing the Mayor or his designee to execute a Mentor Recruitment and Training Agreement with the Pinellas County Education Foundation, Inc. in the amount of $75,000 and all other documents necessary to effectuate this transaction.

 

 

 

 


 

1

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

Mayoral Candidate Forum

Thursday, August 15, 2013, 6:00 p.m., Council Chamber

Youth Services Committee

Thursday, August 22, 2013, 8:30 a.m., Room 100

Budget, Finance & Taxation Committee

Thursday, August 29, 2013, 8:00 a.m., Room 100

Public Services & Infrastructure Committee [CANCELED]

Thursday, August 29, 2013, 9:15 a.m., Room 100

Housing Services Committee

Thursday, August 29, 2013, 10:30 a.m., Room 100

CRA/Agenda Review and Administrative Update

Thursday, August 29, 2013, 1:30 p.m., Room 100

 

 

FY 2014 Budget Public Hearings

Thursday, September 12, 2013, 6:00 p.m., Council Chamber

Thursday, September 26, 2013, 6:00 p.m., Council Chamber

 

 


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.