March 5, 2009

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 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.

March 5, 2009

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.

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. Ordinance 1000-V 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. Ordinance 916-G 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 917-G 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 918-G creating a new Section 20-53 of the St. Petersburg City Code to establish security requirements and procedures for convenience store safety.

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 Hearings

Setting May 21, 2009 as the second reading and second public hearing date for the following proposed Ordinance(s).

4. City File FLUM-3(A):

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(a) Ordinance establishing Commercial General and Residential Low as the Future Land Use Map designations, subsequent to annexation, for an area totaling approximately 18.25 acres, generally located on the west side of the Pinellas Bayway (SR 679) on the northern end of Tierra Verde.

(b) Ordinance establishing CCS-3 (Corridor Commercial Suburban) and NS-2 (Neighborhood Suburban) as the Official Zoning Map designations for the above-described property, subsequent to annexation.

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

E. Reports

1. St. Petersburg Tennis Center:

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(a) Resolution authorizing the Mayor to award a contract to Bradanna Inc. in the amount of $991,500.00 for construction of a new clubhouse at the St. Petersburg Tennis Center; and authorizing the Mayor to execute all documents necessary to effectuate this transaction. (Engineering Project No. 08218-017; Oracle No. 11626)

(b) Resolution authorizing the Mayor to execute an agreement between the City and the Tennis Foundation of St. Petersburg, Inc. ("Foundation") for the City to receive donations from the Foundation to be used for the construction of a new St. Petersburg Tennis Center clubhouse; and all other documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $370,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the St. Petersburg Tennis Center Project. (Engineering Project No. 08218-017; Oracle No. 11626)

2. Pinellas Planning Council Update. (Oral)

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

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4. Approving the transfer of $6.0 million in the Accrued Leave Liability General Fund Designation to the Economic Stability Fund.

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5. Authorizing the Mayor to execute an Agreement between the City of St. Petersburg and Architects Design Group, Inc. to furnish Professional Services for the Police Headquarters Space Needs Assessment project in the amount of $87,908. (Engineering Project No. 09201; Oracle No. 12098)

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

Setting March 19, 2009 as the public hearing date for the following proposed Ordinance(s):

1. Authorizing the grant of a Public Utility Easement to Florida Power Corporation d/b/a Progress Energy Florida Inc., a Florida corporation, for electrical service and related accessories at the St. Petersburg Tennis Center located at 650 - 18th Avenue South, St. Petersburg.

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2. Fertilizers containing nitrogen and/or phosphorus:

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(a) Ordinance making findings regarding the use of fertilizers containing nitrogen and/or phosphorus; providing recommendations for citizens regarding the use of fertilizers containing nitrogen and/or phosphorus; providing for best management practices for the application of fertilizer; providing for exemptions; providing for training and licensing requirements; providing for enforcement through education for certain regulations; and prohibiting the sale of fertilizers during certain months.

(b) Ordinance making findings regarding the use of fertilizers containing nitrogen and/or phosphorus; and prohibiting the sale of such fertilizers during certain months.

3. Ordinance providing for the sale and consumption of alcoholic beverages in a portion of Straub Park for an event to be held on March 28, 2009; providing exemptions from City Code sections including but not limited to those Code sections dealing with alcoholic beverages being sold and consumed in City parks.

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G. New Business

1. Referring to the Public Safety and Infrastructure Committee to address naming a City park in honor of Katherine Bell Tippetts. (Councilmember Bennett)

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2. Referring to the Budget, Finance and Taxation Committee for review and consideration Home Energy Loan Program (HELP). (Councilmember Nurse)

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3. Requesting City Council consider adopting the "Building Citizenship in the Community: Back to Basics" Resolution of the Florida League of Cities, Inc. (Vice Chair Curran)

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H. Council Committee Reports

1. Council Procedures Committee. (2/19/09)

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2. Budget, Finance & Taxation Committee. (2/26/09)

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3. Public Services & Infrastructure Committee. (2/26/09)

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(a) Ordinance of the City of St. Petersburg amending the City Code by creating a new Section 26-162 and by adding a new Section 8-326(b)(2); and providing for the regulation of motor vehicles which are covered.

4. Housing Services Committee. (2/26/09)

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I. Legal

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

March 5, 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.

(Internal Services)

1. Approving the transfer of $6.0 million in the Accrued Leave Liability General Fund Designation to the Economic Stability Fund. [Moved to Reports as E-4]

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2. Authorizing the Mayor to accept as grantee a Florida Division of Emergency Management ("Division") grant in the amount of $750,000 ("Grant") in support of mitigation activities at the All Children's Hospital ("Recipient") property that will result in greater response capabilities during natural hazards ("Project"); to execute a Division Grant Agreement for the Project; to execute a Grant Management Agreement with Recipient, a Florida non-profit corporation, which will provide for the duties and obligations of the City and Recipient for management of the Grant and Project; and to execute all documents necessary to effectuate these transactions; approving a supplemental appropriation in the amount of $750,000 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues.

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Consent Agenda II

Consent Agenda B

March 5, 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.

(City Development)

1. Authorizing the Mayor to execute a Lease Agreement with North East Little League, Inc. ("NELL") to allow use of a ±2,940 sq. ft. portion of land within NELL's headquarters located at 211 - 45th Avenue North, as a joint use neighborhood play lot for an initial period of fifteen (15) years, at no cost to the City.

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2. Authorizing the Mayor to execute a License Agreement with 22nd Street Redevelopment, Inc., a Florida not-for-profit corporation, for nominal consideration, for the use of an unimproved City-owned parcel located at approximately 2180 - 13th Avenue South to host a community event on April 4, 2009.

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3. Approving the plat of Child's Park Athletic Field Complex, generally located at the southeast corner of 6th Avenue South and 46th Street South. (City File 08-20000003)

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4. Approving issuance of the historic property ad valorem tax exemption for the following properties and forwarding to the Pinellas County Board of County Commissioners:

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(a) 411 - 1st Avenue North, Princess Martha Hotel, commercial

(b) 516 - 18th Avenue Northeast, residential

(c) 950 - 12th Street North, James Henry Residence, residential

(d) 404 Sunset Drive South, Merhige Residence, residential

5. Approving a twelve (12) month extension of the Parking Space Use Agreement with the Fish and Wildlife Research Institute, an agency of the State of Florida, for the use of thirty (30) parking spaces at the Port of St. Petersburg; and authorizing the Mayor to execute all documents necessary to effectuate same. Requires affirmative vote of at least six (6) members of City Council.

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(City Services)

6. Authorizing the Mayor to execute a one year Contract Renewal in the amount of $221,135.79 for a Maintenance Agreement between the City of St. Petersburg ("City") and the State of Florida Department of Transportation ("FDOT") to provide grounds maintenance for certain highway and parkway facilities within FDOT’s right-of-way, in and adjacent to, the City.

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(Internal Services)

7. Authorizing the Mayor to execute an Agreement between the City of St. Petersburg and Architects Design Group, Inc. to furnish Professional Services for the Police Headquarters Space Needs Assessment project in the amount of $87,908. (Engineering Project No. 09201; Oracle No. 12098) [Moved to Reports as E-5]

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8. Authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of St. Petersburg and the Florida Department of Environmental Protection for the design and construction of the Booker Lake Regional Stormwater Treatment Facility ("Agreement"), and all other documents necessary to effectuate the Agreement as amended; rescinding an unencumbered appropriation in the Stormwater Drainage Capital Projects Fund (4013) in the amount of $117,600 for the Booker Lake Regional Alum Project (P361041). (Engineering Project No. 05042-110; Oracle Project No. P361041 & 10593)

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9. Authorizing the Mayor to award a contract to Rauh-Co Construction Services, Inc. in the amount of $486,200 for interior renovations at the Main Library; approving the transfers of $300,000 from the unappropriated balance of the Library Building Trust Fund (1856) and $67,303 from the Friends of the Library Trust Fund (1853) to the General Capital Improvement Fund (3001); approving a supplemental appropriation in the amount of $367,303 from the increase in the unappropriated balance of the General Capital Improvement Fund resulting from these transfers to the Main Library Improvements Project (CP82541); rescinding an unencumbered appropriation in the Recreation and Culture Capital Improvement Fund (3029) in the amount of $21,700 from the Main Library Improvements Project (CP82541); approving the transfer of $21,700 from the increase in the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029) resulting from this rescission to the Arts in Public Places Fund (1901). (Engineering Project No. 03319-019; Oracle No. CP82541)

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10. Approving a supplemental appropriation in the amount of $350,000 from the unappropriated balance of the Transportation Impact Fees CIP Fund to the North Bay Trail - Marina Parking Lot & Vinoy Basin Project (12323) along North Shore Drive from 1st Avenue North to 2nd Avenue North, and along 5th Avenue North from Bay Shore Drive to Vinoy Park.

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(Appointments)

11. Confirming the Mayor's appointments to the Consolidated Plan Ad Hoc Application Review Committee for FY 2009 - FY 2010.

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12. 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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(Miscellaneous)

13. Authorizing the Mayor to accept a grant from Florida Power Corporation d/b/a Progress Energy Florida, Inc. for the City of St. Petersburg, Florida Plug-In Hybrid Electric Vehicle (PHEV) Project: Conversion, Demonstration, and Research; authorizing the Mayor to execute an agreement and all other documents necessary to effectuate the acceptance of the grant; and approving a supplemental appropriation in the amount of $28,000 from the increase in the unappropriated balance of Equipment Replacement Operating Fund (5002) resulting from these additional revenues.

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14. Approving a supplemental appropriation of $277,573 from the Law Enforcement Trust Fund (1023) for FY09 to outfit the expansion of the Police Department's Special Investigations Unit.

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15. Approving a supplemental appropriation of $32,800 from the unappropriated balance of the Law Enforcement Trust Fund (1023) for FY09 for the purchase of software to enhance administrative processing efficiencies.

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16. Setting March 19, 2009 as the public hearing date for Preliminary Assessment on Lot Clearing Numbers 1451, 1452, and 1453.

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17. Setting March 19, 2009 as the public hearing date for Preliminary Assessment on Building Demolition Number 355.

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18. Setting March 19, 2009 as the public hearing date for Preliminary Assessment on Building Securing Numbers 1113 and 1114.

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19. Approving minutes of the December 18, 2008, January 8 and January 15, 2009 City Council meetings.

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End notes

Note: An abbreviated listing of upcoming City Council meetings.

Budget, Finance & Taxation Committee

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

Public Services & Infrastructure Committee

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

CRA/Agenda Review (3/19/09 Agenda)

Thursday, March 12, 2009, 1:30 p.m., Room 100

City Council Meeting

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

Council Workshop – Tampa Bay Water

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

FY10 Budget Public Forum

Thursday, May 14, 2009, 4:30 p.m. or as soon thereafter as possible, Council Chamber

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)

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.