meeting header

October 3, 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.

 


October 3, 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.      Employees' Retirement System:

(a)   Ordinance 88-H amending Chapter 22, Article IV, Division 2, St. Petersburg City Code, relating to the Prior Retirement System (Employees' Retirement System) by amending Said Retirement System to provide for changes required by the Internal Revenue Code.

(b)  Ordinance 89-H amending Chapter 22, Article IV, Division 3, St. Petersburg City Code, relating to the Supplemental Retirement System (Employee Retirement System) by amending Said Retirement System to provide for changes required by the Internal Revenue Code.

2.      Ordinance 90-H amending sections of Division Four, Chapter 22 of the St. Petersburg City Code relating to the Supplemental Firefighter's Retirement System ('Plan') for the purpose of complying with provisions of the Internal Revenue Code.

3.      Police Officer's Retirement System:

(a)   Ordinance 91-H amending Chapter 22, Division 5, St. Petersburg City Code, relating to the 1970 Supplemental Police Officer's Retirement System by amending Said Retirement System to provide for changes required by the Internal Revenue Code.

(b)  Ordinance 92-H amending Chapter 22, Article IV, Division 6, St. Petersburg City Code, relating to the 1984 Supplemental Police Officer's Retirement System by amending Said Retirement System to provide for changes required by the Internal Revenue Code.

4.      Resolution by City Council, pursuant to Sec. 163.410, FS, consenting to the extension of the 120-day period within which Pinellas County must grant in whole or in part, or deny the City of St. Petersburg's request for delegation of redevelopment authority for the Southside St. Petersburg Community Redevelopment Area.

5.      Resolution requesting a boundary change from the State of Florida, Department of Economic Opportunity for changes to the boundary of the City of St. Petersburg's Enterprise Zone.

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.

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 (City File 13-90300001) - WITHDRAWN

7.      Approving the designations of the Washington-Harden Grocery and the Moure Buildings as local historic landmarks. (City File 13-90300003)

(a)   Ordinance 087-HL designating the Washington-Harden Grocery Building, located at 901-03 - 22nd Street South, as a local historic landmark.

(b)  Ordinance 088-HL designating the Moure Building, located at 909-13 - 22nd Street South, as a local historic landmark.

E.       Reports

1.      Mahaffey Theater Update.  (Oral) [DELETED]

2.      Authorizing the Mayor or his designee to execute a Development Agreement with the St. Petersburg Free Clinic, Inc. for release of Special Assessment and Code Enforcement Board Liens on the unimproved property located at approximately 808 - 4th Avenue North, St. Petersburg.

3.      Social Services Allocation Committee funding recommendation for various social service agencies for the period October 1, 2013 through September 30, 2014.

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

Setting October 17, 2013 as the public hearing date for the following proposed Ordinances:

1.      Approving the vacation of the easements within the northern half of the block fronting Gandy Boulevard in between Snug Harbor Drive and San Fernando Boulevard. (City File 13-33000005) [DELETED]

2.      Approving the vacations of: 1) Arlington Avenue North between 13th and 14th Streets North; 2) 14th Street North between Arlington Avenue North and 2nd Avenue North; and 3) the east-west alley south of 2nd Avenue North between 13th and 14th Streets North. (City File 13-33000006)

3.      Approving the vacation of the 20-foot wide east-west public walkway and utility easement between 6010 and 6016 Dr. Martin Luther King Jr. Street North and between 5935 and 6001 – 10th Street North. (City File 13-33000008)

4.      Approving the vacation of the street radius easement at the northeast corner of 4th Avenue South and 10th Street South. (City File 13-33000009)

5.      Ordinance amending Section 27-607(a) of the St. Petersburg City Code to clarify the requirements for private collectors; and amending Sections 27-497(i) and 27-610 of the St. Petersburg City Code to clarify the insurance requirements for recovered materials dealers and private collectors.

G.       New Business

1.      Requesting the Chair schedule two workshops to: 1) establish funding sources and refine policies relating to additional opportunities to partner with the St. Petersburg Chamber of Commerce regarding business recruitment and development, and 2) to develop a city-wide policy to assist corridor developments such as the Edge District and 34th Street South. (Councilmember Kennedy)

2.      Requesting a quarterly update be made to City Council by Codes Compliance Director, Gary Bush.  (Councilmember Newton)

H.       Council Committee Reports

1.      Public Services & Infrastructure Committee.  (9/26/13)

2.      Housing Services Committee.  (9/26/13)

(a)   Resolution accepting the proposal and approving the award of an agreement to Griffin Contracting, Inc. (“Griffin”) to construct four City design/build homes pursuant to the Neighborhood Stabilization Program - 3 (“NSP-3”) grant awarded to the City by the U.S. Department Of Housing and Urban Development at a total cost not to exceed $585,960; authorizing the Mayor or his designee to execute further agreements with Griffin to construct City design/build homes pursuant to NSP-3 on NSP-3 sites using NSP program income at a unit price not to exceed $145,140 as adjusted in accordance with  Addendum 2 of IFB No. 7490; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

I.         Legal

1.      Approving the issuance of City of St. Petersburg, Florida Public Utility Revenue Bonds, Series 2013C, not to exceed $28,000,000, to be applied to acquire, construct and erect additions, improvements and extensions to the City's public utility system; and approving documents associated therewith.

J.        Open Forum

K.       Adjournment

L.       Community Redevelopment Agency (CRA)

1.        City Council convenes as Community Redevelopment Agency.

2.        Resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding the “ROWLAND PLACE”, located on the south side of 4th Avenue Northeast between 1st Street and Beach Drive Northeast, consistent with the Intown Redevelopment Plan, as reviewed in Community Redevelopment Agency report IRP 13-9a.

3.        Adjourn Community Redevelopment Agency.

A


 

 


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Consent Agenda

October 3, 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.      Renewing an annual software maintenance agreement with Sungard Public Sector (SunGardPS), Inc. a sole source supplier, for the ICS Department at an estimated annual amount of $170,000.

(City Development)

2.      Approval of a plat of WAWA Market, generally located at 3650 - 34th Street North. (City File 13-20000007)

3.      Authorizing the Mayor or his designee to execute a Second Amendment to Temporary Parking Validation Program Agreement between the City of St. Petersburg and Muvico Entertainment, L.L.C., a Delaware limited liability company.

4.      Authorizing the Mayor or his designee to execute a license agreement for special event and all other necessary documents with the Susan G. Komen Breast Cancer Foundation, Inc. for the closing ceremonies of the Susan G. Komen Tampa Bay 3-Day for the Cure at the Dolphin Parking Lot.  (Affirmative vote of at least six (6) members of City Council required.)

(

 

(Appointments)

5.      Confirming the appointment of Richard T. Doyle and Darren L. Stowe as regular members to the Development Review Commission to serve three-year terms ending September 30, 2016; and confirming the reappointment of J. Chris Scherer, as a regular member, and Charles E. Flynt, as an alternate member to the Development Review Commission to serve three-year terms ending September 30, 2016.

6.      Confirming the appointment of Robert Eschenfelder, currently an alternate member, as a regular member, and Jeff Rogo and Douglas E. Robison, currently regular members, as alternate members, to the Planning & Visioning Commission to serve three-year terms ending September 30, 2016.

7.      Confirming the appointment of Gwendolyn Reese as a regular member to the Community Preservation Commission to serve a three-year term ending September 30, 2016; and confirming the reappointment of Bob Jeffrey and Jeffery M. Wolf, as regular members, and Arnett Smith, Jr. and Lisa Wannemacher, as alternate members, to the Community Preservation Commission to serve three-year terms ending September 30, 2016.

(Miscellaneous)

8.      Approving the appointment of poll workers for the November 5, 2013 Municipal Election.

9.      Approving precinct polling locations of the November 5, 2013 Municipal Election.

10.    Ratifying the proposed labor agreement between the City of St. Petersburg and the Suncoast Police Benevolent Association (PBA) for the Police Officers and Technicians collective bargaining unit covering the job classifications within this bargaining unit effective October 1, 2013 through September 30, 2016.

 

 

 

 


 

1

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

Public Services & Infrastructure Committee

Thursday, September 26, 2013, 9:15 a.m., Room 100

Housing Services Committee

Thursday, September 26, 2013, 10:30 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, September 26, 2013, 1:30 p.m., Room 100

FY 2014 Second Budget Public Hearing

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.