meeting header

September 5, 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.

 


September 5, 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.

First Reading and First Public Hearing

Setting September 19, 2013 as the Second Reading and Second Public Hearing date for the following proposed Ordinance:

1.      Ordinance amending St. Petersburg City Code, Chapter 16, Land Development Regulations (“LDRs”). (City File LDR-2013-01)

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.

First Reading and First Public Hearing

Setting December 19, 2013 as the Second Reading and Public Hearing date for the following proposed Ordinances:

2.      City-initiated amendments to the Comprehensive Plan, Land Development Regulations (LDRs), Future Land Use Map and Official Zoning Map (for approximately 821 parcels of land, totaling an estimated 184.4 acres) implementing objectives of the Central Avenue Revitalization Plan. (City File LGCP-2013-01)

(a)   Ordinance amending the Future Land Use Map designations of approximately 821 parcels of land generally located between 19th Street and Pasadena Avenue and 1st Avenue North and 1st Avenue South, totaling an estimated 184.4 acres.  [QUASI-JUDICIAL]

(b)  Ordinance amending the Official Zoning Map designations for certain parcels, described above. [QUASI-JUDICIAL]

(c)   Ordinance amending the Comprehensive Plan by adding a new activity center to the list in Chapter 3, Future Land Use Plan Element and adding a new map 6A. 

(d)  Ordinance amending Chapter 16 of the City Code, in response to the adopted Central Avenue Revitalization Plan and specifically regarding reduced building setbacks, additional residential density, intensity (floor-area-ratio) and building height for property located within the Central Avenue Corridor Activity Center.  The proposed amendments also provide for limited accessory retail and cafe uses within the CRT-1 activity center designation.

(e)   Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas Board of County Commissioners.

(f)   Resolution transmitting the proposed amendment for state, regional and county review, in accordance with Chapter 163, Florida Statutes.

E.       Reports

1.      Update on All Children's Hospital Johns Hopkins Medicine (Jonathan Ellen, M.D.) [11:00 a.m.]

2.      Police Quarterly Update.  (Oral)

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

4.      Tampa Bay Estuary Program.  (Councilmember Kornell) (Oral)

5.      Petroleum - Diesel Fuel & Unleaded Gasoline using NYMEX fixed-forward-type contracts.

6.      Awarding a contract to Tagarelli Construction, Inc. in the amount of $477,923 for the construction of the Mirror Lake Park Improvements Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029); $100,000 from the Demen’s Landing Improvements FY12 Project (13739) and $125,000 from the Park Lighting Improvements FY 13 (13749); approving a supplemental appropriation in the amount of $290,000 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), partially resulting from these rescissions, to the Mirror Lake Park Improvements Project (13245). (Engineering & CID No. 12204-017; Oracle No. 13245)

7.      Awarding blanket purchase agreements for sod to Sunbelt Sod & Grading Company and Tom’s Sod Service, Inc., at an estimated annual cost of $120,000.

8.      Authorizing the Mayor or his designee to sell a portion of City-owned property to Bayfront HMA Medical Center, LLC ("Bayfront") for the sum of $80,000 to rectify an encroachment by an abutting Bayfront-owned building on City-owned property; and to execute a First Amendment to the April 1, 2013 Amended and Restated Lease Agreement by and between the City of St. Petersburg and Bayfront, modifying the legal description of the Premises described therein to exclude the encroachment area.

9.      Authorizing the Mayor or his designee to execute two (2) Amended and Restated License Agreements with Clear Channel Outdoor, Inc. for the purpose of displaying and maintaining outdoor advertisement signs on City-owned real property in accordance with the August 23, 2012 Billboard Relocation and Reconstruction Agreement.

10.    Authorizing the Mayor or his designee to accept a Childcare Food Program grant in the amount of $175,890 from the Florida Department of Health, Bureau of Childcare Food Programs for after school programs at City recreation centers and to execute all other documents necessary to effectuate this transaction.

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

Setting September 19, 2013 as the public hearing date for the following proposed Ordinances:

1.      Utility Rates:

(a)   Ordinance relating to utility rates and charges; amending Chapter 27,Subsections 27-3 (k) (1) and (2), 27-141 (a), 27-142 (a), 27-144 (c), 27-177 (a), 27-283 (a), and Subsections 27-284 (a) and 27-284 (e) of the St. Petersburg City Code; changing term “sewer” to “wastewater”; amending  water and wastewater deposit amounts; amending base charges and volume charges for water service; amending wholesale water service charges for the City of Gulfport; adding language to clarify inclusion of Tampa Bay Water charges;  amending base and volume charges and consumption ranges for irrigation only accounts; amending reclaimed water rates and charges; amending base and volume charges for wastewater service; amending wastewater service charges for wholesale customers; providing for severability of provisions; providing an explanation of words struck through and underlined; and establishing a date to begin calculating new rates for billing purposes.

(b)  Ordinance relating to stormwater utility rates; amending Chapter 27, Subsection 27-405(b) relating to stormwater system utility fees; providing for severability of provisions; and providing an explanation of words struck through and underlined.

2.      Ordinance amending the St. Petersburg City Code to provide for the regulation of Neighborhood Crime Watch Programs and Signs; and authorizing Neighborhood Video Watch Signs in neighborhood watch program areas which may have private video surveillance cameras.

G.       New Business

1.      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)

2.      Requesting the Mayor to present to City Council his recommended plan to move forward with the Pier project.  (Councilmember Curran)

3.      Referring to the Public Safety & Infrastructure Committee a discussion regarding how we can change the City codes to better deal with landlords who have consistently been cited for issues such as mold, and although they are cited there is not resolution to the problem.  (Councilmember Kornell)

4.      Proposed Changes to the Weeki Wachee Fund Allocation and Project Selection Process (Sec. 21-120).  (Councilmember Kornell)

5.      Referring to the Legislative Affairs & Intergovernmental Relations Committee a request to have new Federal legislation explained regarding  flood insurance. (Councilmember Kornell)

6.      Requesting City Council appoint or reappoint two members of City Council to the Metropolitan Planning Council Board of Directors for a four year term beginning September 13, 2013.  (Chair Nurse)

H.       Council Committee Reports

1.      Youth Services Committee.  (8/22/13)

2.      Budget, Finance & Taxation Committee.  (8/29/13)

(a)   Resolution of the City Council of the City of St. Petersburg, Florida establishing its intent to reimburse certain capital expenditures incurred with proceeds of a future tax-exempt financing; and providing certain other matters in connection therewith.

3.      Housing Services Committee.  (8/29/13)

(a)   Resolution authorizing the Mayor or his designee to provide Home Investment Partnership (“HOME”) Funds in the amount of $800,000 for sixteen units as Phase 3 of renovation of the city owned Jamestown Townhomes (“Jamestown Phase 3”), including the provisions that 1) the construction begin as soon as possible but not later than one year from the date of this Resolution, and 2) the Mayor or his designee is authorized to sign a Declaration of Restrictions on the sixteen units required in order to comply with the home program regulations; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

I.         Legal

J.        Open Forum

K.       Adjournment

A


 

1

Consent Agenda A

September 5, 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 three-year blanket purchase agreement to Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company for technical staffing services for the Water Resources Department at an estimated annual cost of $555,805.

2.      Renewing blanket purchase agreements for refuse containers and compactors with Dura-Cast Products, Inc., Wastequip Manufacturing Company, LLC; Iron Container, LLC and Equipco Manufacturing, Inc. for the Sanitation Department at an estimated annual cost of $500,000.

(Leisure & Community Services)

3.      Approving a partnership between the City of St. Petersburg, Florida (“City”), and the Juvenile Welfare Board of Pinellas County (“JWB”) for $1,000,000 to youth services in specific areas with a term commencing on October 1, 2013 and ending September 30, 2014 at a cost of $500,000 to both the City and JWB; accepting a grant from JWB in the amount of $1,128,504 for the teen arts, sports and cultural opportunities (TASCO) center based teen programs; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this partnership with JWB and the grant from JWB.

 


1

Consent Agenda B

September 5, 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 Tagarelli Construction, Inc. in the amount of $477,923 for the construction of the Mirror Lake Park Improvements Project; rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029); $100,000 from the Demen’s Landing Improvements FY12 Project (13739) and $125,000 from the Park Lighting Improvements FY 13 (13749); approving a supplemental appropriation in the amount of $290,000 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), partially resulting from these rescissions, to the Mirror Lake Park Improvements Project (13245). (Engineering & CID No. 12204-017; Oracle No. 13245)  [MOVED to Reports as E-6]

2.      Awarding blanket purchase agreements for sod to Sunbelt Sod & Grading Company and Tom’s Sod Service, Inc., at an estimated annual cost of $120,000.  [MOVED to Reports as E-7]

(City Development)

3.      Authorizing the Mayor or his designee to sell a portion of City-owned property to Bayfront HMA Medical Center, LLC ("Bayfront") for the sum of $80,000 to rectify an encroachment by an abutting Bayfront-owned building on City-owned property; and to execute a First Amendment to the April 1, 2013 Amended and Restated Lease Agreement by and between the City of St. Petersburg and Bayfront, modifying the legal description of the Premises described therein to exclude the encroachment area.  [MOVED to Reports as E-8]

4.      Authorizing the Mayor or his designee to execute two (2) Amended and Restated License Agreements with Clear Channel Outdoor, Inc. for the purpose of displaying and maintaining outdoor advertisement signs on City-owned real property in accordance with the August 23, 2012 Billboard Relocation and Reconstruction Agreement.  [MOVED to Reports as E-9]

(Leisure & Community Services)

5.      Authorizing the Mayor or his designee to accept a Childcare Food Program grant in the amount of $175,890 from the Florida Department of Health, Bureau of Childcare Food Programs for after school programs at City recreation centers and to execute all other documents necessary to effectuate this transaction.  [MOVED to Reports as E-10]

6.      Authorizing the Mayor or his designee to execute an agreement between the City of St. Petersburg, Florida and the School Board of Pinellas County, Florida, to provide school buses and drivers for City-sponsored field trips and to Before and Afterschool programs from August 24, 2013 through August 23, 2014, and all other documents necessary to effectuate this transaction.

 

(

(Miscellaneous)

7.      Authorizing the Mayor or his designee to accept $134,896 from Pinellas County (“County”) as the City’s share of the FY2013 Edward Byrne Memorial Justice Assistance Grant (“JAG”) to continue funding of law enforcement initiatives as set out in the County’s grant application, and to execute all documents necessary to effectuate this transaction.

8.      Approving the minutes of June 6, June 13, and June 20, 2013 City Council meetings.

9.      Resolution declaring the results of the Special Primary Election held on August 27, 2013.

 

 

 

 


 

1

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

Budget, Finance & Taxation Committee

Thursday, August 29, 2013, 8:00 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.