February 19, 2009

4:00 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 the 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, 1^st Floor, City Hall, 175 Fifth Street North, on the Monday preceding the regularly scheduled Council meeting. There is also a copy of the material located on the podium just outside the Chamber doors on the day of the 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.

February 19, 2009

4:00 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.

C. Consent Agenda

(see attached)

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

Setting March 5, 2009 as the public hearing date for the following proposed Ordinance(s):

1. Approving the vacation of Fairfield Avenue South between 45th and 46th Streets South, 7th Avenue South between 43rd and 46th Streets South, and certain street, drainage and utility easements within the boundaries of the Child's Park Athletic Field Complex as depicted on Ordinance Exhibit "A" and specifically described by Ordinance Exhibit "B." (City File 08-33000004)

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2. Amending Section 10-7 of the St. Petersburg City Code, providing for the time period in which a candidate for elective office must fill an application to qualify.

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3. Convenience Business/Convenience Store Safety Ordinances:

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(a) Ordinance creating a new Section 20-52 of the St. Petersburg City Code to authorize the City to enforce the statutory requirements and procedures for convenience business safety; creating a new Section 16.50.120.4 to require all uses regulated by this section to comply with provisions of Chapter 20 regarding convenience businesses and convenience stores.

(b) Ordinance creating a new Section 20-53 of the St. Petersburg City Code to establish security requirements and procedures for convenience store safety.

E. Reports

1. Legislative Affairs & Intergovernmental Relations (LAIR) Committee Update on the Federal Stimulus Package. (Oral)

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2. Awarding a blanket purchase agreement to Resource Efficiency Solutions, Inc. for induction light system retrofit kits for the Internal Services Administration in an amount not to exceed $640,635; approving a transfer of $640,635 from the unappropriated balance of the General Fund (Energy Conservation Designation) to the General Capital Improvement Fund; and approving a supplemental appropriation in the amount of $640,635 from the increase in the unappropriated balance of the General Capital Improvement Fund, resulting from the transfer, to the Energy Enhancements FY08 Project (11616).

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F. New Business

1. Requesting Administration draft a letter to the County Health Department to address safety concerns of public feeding. (Councilmember Kennedy)

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2. Referring to the Public Services & Infrastructure Committee or the Budget, Finance and Taxation Committee for review, cost recovery for Emergency Response Services. (Councilmember Kennedy)

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3. Referring to the Public Services & Infrastructure Committee the Lien Amnesty Program from the Codes Compliance Department for review and discussion. (Chair Danner)

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4. Referring to the Public Services and Infrastructure Committee for review, bicycles on sidewalks policy. (Councilmember Nurse)

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5. Referring to the Public Services and Infrastructure Committee for discussion, community gardens zoning. (Councilmember Nurse)

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G. Council Committee Reports

1. Budget, Finance & Taxation Committee. (2/12/09)

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2. Public Services & Infrastructure Committee. (2/12/09)

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H. Legal

I. 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 on Lot Clearing Numbers 1447, 1448, 1449, and 1450.

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2. Confirming the Preliminary Assessment on Building Demolition Numbers 353 and 354.

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3. Confirming the Preliminary Assessment on Building Securing Numbers 1107, 1108, 1109, 1110, 1111, and 1112.

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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.

4. Appeal of the Development Review Commission (DRC) approval of a site plan to construct a 22-story mixed-use development consisting of hotel rooms, commercial space and a structured parking garage with a variance to airport zoning located at 136 - 4th Avenue Northeast. (City File 08-31000012 Appeal)

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J. 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, property owners, or business owners 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 limited to one appearance per month and each speaker 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.

K. Adjournment

Consent Agenda I

Consent Agenda A

February 19, 2009

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. Renewing a blanket purchase agreement with H & H Liquid Sludge Disposal, Inc., for sludge removal and disposal for the Water Resources Department at an estimated annual cost of $1,003,000.

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2. Awarding a blanket purchase agreement to Resource Efficiency Solutions, Inc. for induction light system retrofit kits for the Internal Services Administration in an amount not to exceed $640,635; approving a transfer of $640,635 from the unappropriated balance of the General Fund (Energy Conservation Designation) to the General Capital Improvement Fund; and approving a supplemental appropriation in the amount of $640,635 from the increase in the unappropriated balance of the General Capital Improvement Fund, resulting from the transfer, to the Energy Enhancements FY08 Project (11616).

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(Internal Services)

3. Accepting a U.S. Environmental Protection Agency ("EPA") grant in the amount of $666,510 for installing diesel particulate filters on City fleet highway vehicles, increasing usage of biodiesel 20 in all City fleet vehicles, and implementing a public information campaign to promote this program; authorizing the Mayor to execute an EPA Cooperative Agreement and all other documents necessary to effectuate the Grant; and approving a supplemental appropriation in the amount of $666,510 from the increase in the unappropriated balance of the Fleet Maintenance Operations Fund (5001) resulting from these additional revenues.

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Consent Agenda II

Consent Agenda B

February 19, 2009

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 blanket purchase agreements to Cemex Construction Materials Florida, LLC and K & R Pumping Inc. for ready mix concrete and related service for an estimated annual amount of $201,285.

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2. Renewing a blanket purchase agreement with Diamond Supply & Fastener, Inc. for fastener replenishment services at an estimated annual cost of $131,000.

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(City Services)

3. Authorizing the Mayor to apply for and administer Florida Boating Improvement Program grants through the Florida Fish and Wildlife Conservation Commission for eight boat ramp locations and to execute all documents necessary to effectuate this transaction.

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(Internal Services)

4. Confirming the levy of special assessments in the total amount of $23,680.68 for the paving of the alley between 30th Avenue North and 31st Avenue North from Granville Street North to Grove Street North; and approving the final assessment roll of the special assessments on the abutting properties for the cost of the paving. (Engineering Project No. 06034-110; Oracle No. 10844)

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(Appointments)

5. Confirming the reappointment of Bonnie L. Quick as a regular member to the Commission on Aging to serve a three-year term ending December 31, 2011.

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6. Confirming the reappointment of Harry L. Harvey and Lorraine Perry, resident category, as regular members to the St. Petersburg Housing Authority to serve four-year terms ending November 30, 2012.

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7. Confirming the appointment of Carol L. Carter as a regular member to the City Beautiful Commission to serve a three-year term ending December 31, 2011.

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8. Confirming the appointment of Renee A. Brown, as a regular member, to the Committee to Advocate for Persons with Impairments to serve an unexpired three-year term ending December 31, 2010.

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(Miscellaneous)

9. Approving minutes of the November 21, December 4 and December 11, 2008 City Council meetings.

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End notes

Note: An abbreviated listing of upcoming City Council meetings.

Budget, Finance & Taxation Committee

Thursday, February 12, 2009, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, February 12, 2009, 9:15 a.m., Community Resource Room

CRA/Agenda Review (2/19/09 Agenda)

Thursday, February 12, 2009, 1:00 p.m., Room 100

Council Workshop - Convenience Stores

Thursday, February 12, 2009, immediately following Agenda Review, Room 100

City Council Meeting

Thursday, February 12, 2009, 3:00 p.m., Council Chamber

Council Procedures Committee - Update

Thursday, February 19, 2009, 10:00 a.m., Room 100

Council Workshop – Council FY2010 Budget Priorities

Thursday, February 19, 2009, 1:00 p.m., Room 100

CRA/Agenda Review (3/5/09 Agenda)

Thursday, February 26, 2009, 1:30 p.m., Room 100

Council Workshop – Pier Visioning Update

Thursday, February 26, 2009, 2:00 p.m., Room 100

Council Workshop – Tampa Bay Water

Thursday, March 19, 2009, 1:00 p.m., Room 100

Council FY10 Budget Workshops

Tuesday, May 12 and 26, 2009, 8:30 a.m. – 4:00 p.m., Room 100

Arts Advisory 2 Regular Members (Terms expire 9/30/09 & 9/30/11) City Beautiful Commission 2 Regular Members (Terms expire 12/31/09 & 12/31/11) Civil Service Board 1 Alternate Member (Term expires 6/30/10)

Code Enforcement Board 1 Regular Member (Architect category) (Term expires 12/31/11) International Relations Committee 3 Regular Members (Terms expire 12/31/11) Planning & Visioning Commission 1 Alternate Member (Term expires 9/30/10)

End notes for Quasi (delete if unneeded)

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.