meeting header

October 17, 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.

 


October 17, 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.      Presentation recognizing the 11th Annual Teen BBQ Cook-Off Winners:  Campbell Park Recreation Center, 1st Place; Gladden Park Recreation Center, 2nd Place; and Willis S. Johns Recreation Center, 3rd Place.  [To be heard at 5:30 p.m.]

2.      Successes Unlimited 10th Annual Law Fest - October 26, 2013

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

F.       Reports

1.      University of South Florida-St. Pete Update - Chancellor Sophia Wisniewska.

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

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

4.      Awarding a contract to Pospiech Contracting, Inc. in the amount of $5,958,060.60 for the Dr. Martin Luther King Jr. Street North, Part 2, Storm Drainage Improvements Project.  (Engineering Project No. 11023-110R; Oracle No. 12859)

5.      Pier Update.  (Oral)

6.      Weeki Wachee - Rahall Property Appraisal Update.

7.      Pinellas Planning Council.  (Councilmember Kennedy)

8.      Update on Metropolitan Planning Organization (MPO) and Pinellas Suncoast Transit Authority (PSTA) Advisory Committee for Pinellas Transportation.  (Councilmember Kennedy) (Oral)

G.       New Business

1.      Referring to the Committee of the Whole for consideration, expending $300,000 in Weeki Wachee funds to purchase and relocate the cycad collection to the Gizella Kopsick Palm Arboretum and to Sunken Gardens.  (Councilmember Dudley)

2.      Requesting City Council have a Management Evaluation Study done for any and all City of St. Petersburg fleet take home vehicles.  (Councilmember Newton)

3.      Requesting Members of City Council to designate a voting and alternate delegate for the National League of Cities Annual Conference, November 2013 in Seattle, Washington. (Chair Nurse)

H.       Council Committee Reports

1.      Budget, Finance & Taxation Committee.  (10/10/13)

2.      Public Services & Infrastructure Committee.  (10/10/13)

I.         Legal - 2:00 PM

1.      Proposed settlement of Dylan Leach v. City of St. Petersburg.

2.      An Attorney-Client Session, pursuant to Florida Statute 286.011(8), to be heard at 2:00 p.m., or as soon thereafter as the same may be heard, in conjunction with the lawsuit styled Bradley Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management & State of Florida, Workers’ Compensation No. 10-019508SLR and First District Court of Appeal No. 1D12-3563.

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 Numbers 1523 and 1524.

2.      Confirming the preliminary assessment for Building Securing Number 1181.

3.      Confirming the preliminary assessment for Building Demolition Number 408.

4.      Ordinance 1050-V 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)

5.      Ordinance 1051-V approving the vacation of the 20-foot wide east-west easement for utilities and passageway between 6010 and 6016 Dr. Martin Luther King Jr. Street North and between 5935 and 6001 - 10th Street North. (City File 13-33000008)

6.      Ordinance 1052-V approving the vacation of the street radius easement at the northeast corner of 4th Avenue South and 10th Street South. (City File 13-33000009)

7.      Ordinance 93-H 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.

K.       Open Forum

L.       Adjournment

1.        On Thursday, October 17, 2013 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 Bradley Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management & State of Florida, Workers’ Compensation No. 10-019508SLR and First District Court of Appeal No. 1D12-3563  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 Kimberly Proano, 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


St. Petersburg

Community Redevelopment Agency (CRA)

October 17, 2013

 

 

1.      City Council convenes as Community Redevelopment Agency.

2.      Resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding the proposed 485-space parking garage addition to the southern side of the Urban Style Flats apartment building, located at 305 Dr. Martin Luther King, Jr. Street South, consistent with the Intown Redevelopment Plan, as reviewed in CRA report IRP 13-10a.

3.      Adjourn Community Redevelopment Agency.

 


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Consent Agenda A

October 17, 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 Pospiech Contracting, Inc. in the amount of $5,958,060.60 for the Dr. Martin Luther King Jr. Street North, Part 2, Storm Drainage Improvements Project.  (Engineering Project No. 11023-110R; Oracle No. 12859) [MOVED to Reports as F-4]

2.      Renewing agreements with Humana Medical Plan, Inc. for the Medicare + Choice Health Management Organization (HMO) plan; and Humana Insurance Company for the Preferred Provider Organization (PPO) plan at an estimated annual premium of $552,108. Both companies are wholly owned subsidiaries of Humana, Inc.

 


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Consent Agenda B

October 17, 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 All American Concrete, Inc. in the amount of $179,500 for the construction of the Crisp Park Boat Ramp Improvement Project (Engineering Project No. 11236-117; Oracle Project No. 13181); authorizing the Mayor or his designee to accept a Florida Fish and Wildlife Conservation Commission (“FFWCC”) Grant (“Grant”) from the Florida Boating Improvement Program, Boating and Waterways Section for the Crisp Park Boat Ramp Project (“Project”) at a total maximum reimbursement amount of $55,000; to execute the Florida Boating Improvement Program Grant Agreement for the Project site with the FFWCC; and to execute all other documents necessary to effectuate the Grant; approving a supplemental appropriation in the amount of $55,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the Boat Ramp Facility Improvements Project (13181).

2.      Awarding a contract to Tampa Bay Marine, Inc., in the amount of $137,466 for the construction of the Coffee Pot Park Boat Ramp Improvement Project (Engineering Project No. 11236-517; Oracle Project No. 13181); authorizing the Mayor or his designee to accept a Florida Fish and Wildlife Conservation Commission (“FFWCC”) Grant (“Grant”) from the Florida Boating Improvement Program, Boating and Waterways Section for the Coffee Pot Park Boat Ramp Project (“Project”) at a total maximum reimbursement amount of $38,750; to execute the Florida Boating Improvement Program Grant Agreement for the Project site with the FFWCC; and to execute all other documents necessary to effectuate the Grant; approving a supplemental appropriation in the amount of $38,750 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the Boat Ramp Facility Improvements Project (13181).

3.      Approving a second amendment to the Equipment Lease Agreement (“Agreement”) dated March 28, 2012 between the City and Schwing Bioset, Inc. (“Schwing”), a sole source supplier, to extend the term of the Agreement through March 31, 2015, for a biosolids treatment system for the Water Resources Department at an estimated annual cost of $120,000.

(City Development)

4.      Approving a plat of NAC Group, generally located at 1001 - 16th Street North. (City File 10-20000010)

5.      Approving a plat of Crescent View Townhomes, generally located at 1052 - 6th Street North. (City File 13-20000001)

6.      Approving a plat of Crescent Lake Townhomes-Phase II, generally located at 1901 - 5th Street North. (City File 13-20000003)

7.      Approving a plat of Delmar Townhomes, generally located at 433 - 3rd Street South. (City File 13-20000004)

8.      Authorizing the Mayor or his designee to execute a Lease Agreement with Coastal Sweets, LLC, a Florida limited liability company, d/b/a The Sweet Spot, to operate a customized ice cream retail store and uses ancillary thereto for a term of five (5) years with one (1) five-year option to renew, for space in the historic main building of Sunken Gardens located at 1961 4th Street North, St. Petersburg, Florida, and to terminate the current lease agreement with Comas Enterprises, Inc., a Florida corporation, currently operating a Cold Stone Creamery franchise at the same location.

(Leisure & Community Services)

9.      Authorizing the Mayor or his designee to sign the Local Government Verification of Contribution loan form for the amount of $90,000 of HOME Program funding for each of the seven developments requesting local contributions as part of their application under the Florida Housing Finance Corporation (“FHFC”) Request For Application number 2013-002; providing that the loan closing will be subject to the developer(s) obtaining the recommendation for approval of FHFC administered  9% Low Income Housing Tax Credit funding, final site plan approval, receipt of an approved HUD environmental review, and closing on the financing of the development by June 30, 2014;  and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

10.    Authorizing the Mayor or his designee to negotiate and provide a 0% interest acquisition and development loan in the amount of $110,000 from the Home Investment Partnership (HOME) Affordable Multi-Family Rental Program to Pinellas Affordable Living, Inc. for construction of Phase IV of the Broadwater  Place Apartments; authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

 

(

(Miscellaneous)

11.    Body Armor for the Police Department:

(a)   Approving an increase to the allocation for annual agreements for body armor to Signal 15, Inc. and two other vendors in the amount of $60,000, which increases the total combined contract amount to $170,000.

(b)  Awarding a blanket purchase agreement to Point Blank Enterprises, Inc. for body armor for the Police Department at an estimated annual cost of $40,000.

12.    Authorizing the Mayor or his designee to accept Assistance Funding (“Order”) from the Florida Fish and Wildlife Conservation Commission (“FFWCC”) Gopher Tortoise Habitat Management Program for a Gopher Tortoise Habitat Management Plan Phase II Project at Boyd Hill Nature Preserve at a maximum reimbursement amount of $15,000; and to execute all other documents necessary to effectuate the Order; approving a supplemental appropriation in the amount of $15,000 from the increase in the unappropriated balance of the General Fund (0001), resulting from these additional revenues, to the Parks & Recreation Boyd Hill Nature Trail (1902389) Gopher Tortoise Habitat Management Plan Phase II Project (TBD).

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

14.    Approving a plat of Cove at Loggerhead Marina, generally located at 5950 - 34th Street South. (City file 13-20000006)

15.    Approving a plat of Allendale Court, generally located at the southwest corner of 34th Avenue North and 7th Street North (City File No. 12-20000002)

 

 

 

 


 

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

Budget, Finance & Taxation Committee

Thursday, October 10, 2013, 8:-00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, October 10, 2013, 9:15 a.m., Room 100

CRA/Agenda Review & Administrative Updates

Thursday, October 10, 2013, 1:-30 p.m., Room 100

Youth Services Committee

Thursday, October 17, 2013, 8:-30 a.m., Room 100

City Council Workshop - St. Petersburg Chamber of Commerce Economic Development Opportunities

Thursday, November 7, 2013, immediately following City Council Meeting, Room 100

 

 


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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.