March 19, 2009

3:00 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.

March 19, 2009

3:00 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)

Awards & Presentations

1. Tampa Bay Water presentation by Gerald Seeber, General Manager.

2. Resolution of Memorial Tribute to the family of Donald “Don” McRae, former Deputy City Administrator and Chief of Staff.

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

Setting April 2, 2009 as the public hearing date for the following proposed Ordinance(s):

1. Approving the designation of the McKeage Residence, located at 209 Park Street South, as a local historic landmark. (City File HPC 09-01)

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2. Approving the vacation of the east-west alley and alley easement in the block bound by 6th Avenue South, 3rd Street South, 1st Street South and Bayboro Harbor. (City File 08-33000018)

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3. Approving amendments to City Code Chapter 16 relating to temporary parking regulations.

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E. Reports

1. O'Neill's Marina Lease Extension. (Requires affirmative vote of at least six (6) members of City Council.)

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2. Authorizing the Mayor to execute a Lease Agreement between the City of St Petersburg, Florida and Deborah Brown and David Dahms d/b/a/ DD Collectables, for Space No. 1009 at The Pier for a one (1) year term commencing April 1, 2009 and expiring March 31, 2010.

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3. Approving the termination of the existing lease between the City of St Petersburg, Florida and Lost In Time, Inc. for Space No. 1001 at The Pier dated June 18, 2008; and authorizing the Mayor to execute a new Lease Agreement for Space No. 1001 at The Pier for a one (1) year term commencing March 1, 2009 and expiring February 28, 2010.

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4. Authorizing the Mayor to execute a Lease Agreement between the City of St Petersburg, Florida and Pier Aquarium, Inc. for Spaces Nos. 2001A, 2001B, 2001C, 2001D, 2001E and 2001F at The Pier for a two (2) year term commencing February 1, 2009 and expiring January 31, 2011.

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5. Approving the termination of the existing lease between the City of St Petersburg, Florida and Deborah Brown and David Dahms d/b/a Peppers on the Pier for Space No. 1008 at The Pier dated June 21, 2007; and authorizing the Mayor to execute a new Lease Agreement for Space No. 1008 at The Pier for a one (1) year term commencing March 1, 2009 and expiring February 28, 2010.

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6. Approving the termination of the existing lease between the City of St Petersburg, Florida and Brightwater Capital Ventures, Inc. d/b/a/ MJ Toons for Space No. 1004 at the Pier dated October 1, 2006; and authorizing the Mayor to execute a new Lease Agreement for Space No. 1004 at The Pier for a one (1) year term commencing March 1, 2009 and expiring February 28, 2010.

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7. Approving the termination of the existing lease between the City of St Petersburg, Florida and Mirage Crystal Gallery, Inc. d/b/a/ Crystal Mirage Gallery for Space No. 1011 at The Pier dated November 8, 2005; and authorizing the Mayor to execute a new Lease Agreement for Space No. 1011 at The Pier for a one (1) year term commencing February 1, 2009 and expiring January 31, 2010.

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8. Authorizing the Mayor to execute a Lease Agreement between the City of St Petersburg, Florida and T & S Winery Enterprises, Inc. d/b/a The Florida Winery at The Pier, for Space No. 1027 at The Pier for a one (1) year term commencing February 1, 2009 and expiring January 31, 2010.

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9. Authorizing the Mayor to execute a Lease Agreement between the City of St Petersburg, Florida and Nagasti, Inc. d/b/a Sunwatchers, for Space No. 1007 at The Pier for a one (1) year term commencing February 1, 2009 and expiring January 31, 2010.

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10. Authorizing the Mayor to execute a Lease Agreement between the City of St Petersburg, Florida and Columbia Restaurant of Clearwater, Inc., for Space No. 4001 at the Pier for a five (5) year term commencing March 1, 2009 and expiring February 28, 2014.

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11. Stimulus Package Update. (Oral)

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F. New Business

1. Referring to the Public Services & Infrastructure Committee for review and evaluation of the feasibility of a one time reduction of special assessments regarding liens imposed by the City. (Councilmember Newton)

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G. Council Committee Reports

1. Co-Sponsored Events Committee. (2/19/09)

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(a) Resolution approving the application for Co-sponsored Event Status in Name Only for Xanadu Race Management, Inc ("Applicant") for a Youth Triathalon to be held July 19, 2009 in Lassing Park from 6:00 a.m. to 10:00 a.m., in accordance with City Council Resolution No. 2004-282, provided all City fees are paid 10 days prior to the event taking place; waiving Section "D" of City Council Resolution No. 96-506 and the provisions of City Council Resolution No. 2000-562 (a) 8 for the applicant; authorizing the Mayor to execute all documents necessary to effectuate this Resolution.

2. Budget, Finance & Taxation Committee. (3/5 & 3/12/09) [To be heard at 4:00 p.m.]

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(a) 2008 Annual External Audit Report.

(b) Property Insurance Renewal.

3. Public Services & Infrastructure Committee. (3/12/09)

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(a) Resolution providing for an amnesty in code enforcement fines and liens, for a limited time; and authorizing the Mayor to reduce code enforcement fines and to record releases of code enforcement liens in the public records subject to the terms and conditions set forth in this Resolution.

(b) Ordinance adding a new Subsection 21-87(8) to the City Code; providing for the renaming of a portion of Pinellas Point Park to Katherine B. Tippetts Park; amending Section 21-86 (2) to insert Pinellas Point Park as No. 68; adding a new Subsection 21-87(9); and providing for codifying the renaming of a portion of Northshore Park as Elva Rouse Park.

4. Committee of the Whole - EMS. (3/12/09) (Oral)

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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. Ordinance 919-G 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 920-G 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 921-G making findings regarding the use of fertilizers containing nitrogen and/or phosphorus; and prohibiting the sale of such fertilizers during certain months.

3. Ordinance 922-G 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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4. Ordinance 923-G amending City Code Section 8-321 and Chapter 26, providing regulations regarding motor vehicles which are covered and parked on private property and rights-of-way.

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5. FY 2008/2009 Annual Action Plan:

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(a) Approving an amendment to the FY 2008/2009 Annual Action Plan to reduce the home funds currently available for the Housing Rehabilitation Assistance, Lead Based-Paint, Homebuyer Assistance, Community Land Trust, Replacement Housing and program delivery strategies in the amount of $1,342,158, and to increase the Affordable Multi-Family Rental Strategy funding amount by $1,342,158 to fund the Booker Creek Apartment development; approving an amendment to the FY 2007/2008 Annual Action Plan to reduce the Community Housing Development Organization ("CHDO") project funding by $50,000 and to increase the Affordable Multi-Family Rental Strategy by $50,000, $37,436 of which will be used to fund the Booker Creek Apartment development; authorizing a request for a $311,779 pre-award authorization from the FY 2009/2010 home entitlement to assure available funding for commencement of construction of the Booker Creek Apartment development.

(b) Authorizing the Mayor to negotiate and provide a non-recourse 1% interest loan, to Booker Creek Apartments, Ltd. ("Booker Creek") in the amount of $3,000,000 for construction of the Booker Creek Apartments ("Development"), to be located at the southeast corner of 13th Avenue North and 25th Street; contingent on: 1) Booker Creek obtaining approval for approximately $10,900,000 in tax exempt bonds from Pinellas County Housing Finance Authority; 2) approval of an allocation of 4% federal tax credits from the Florida Housing Finance Corporation by July 30, 2009; and 3) closing on financing of the development within six months of the effective date of this resolution; authorizing the Mayor to execute all documents necessary to effectuate this transaction.

6. Confirming the Preliminary Assessment on Lot Clearing Numbers 1451, 1452, and 1453.

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7. Confirming the Preliminary Assessment on Building Demolition Number 355.

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8. Confirming the Preliminary Assessment on Building Securing Numbers 1113 and 1114.

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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

March 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 blanket purchase agreements with Air Mechanical & Service Corp. and Engineered Air Systems, Inc. D/B/A The Beacon Group for heating, ventilation and air conditioning (HVAC) maintenance at various city locations for an estimated annual cost of $764,000.

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(Internal Services)

2. Utility Work by Highway Contractor Agreement and a Deferred Utility Relocation Expense Reimbursement Agreement:

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(a) Authorizing the Mayor to negotiate and execute a Utility Work by Highway Contractor Agreement and a Deferred Utility Relocation Expense Reimbursement Agreement between the City of St. Petersburg and the Florida Department of Transportation (FDOT) at actual costs which are currently estimated to be $1,767,530 plus variable interest based on the State of Florida's internal overnight investment yield for the replacement and relocation of approximately 2,500 linear feet of the City's forty-eight inch (48") Water Transmission Main necessary for the FDOT's roadway, bridge and drainage improvements to US 19 from south of Seville Boulevard to north of State Road 60, FPID # 256881-2-52-01. (Engineering Project No. 06100-411; Oracle No. 11380).

(b) Authorizing the Mayor to negotiate and execute a Utility Work by Highway Contractor Agreement and a Deferred Utility Relocation Expense Reimbursement Agreement between the City of St. Petersburg and the Florida Department of Transportation (FDOT) at actual costs which are currently estimated to be $3,219,650 plus variable interest based on the State of Florida's internal overnight investment yield for the replacement and relocation of approximately 3,200 linear feet of the City's forty-eight inch (48") Water Transmission Main necessary for the FDOT's roadway, bridge and drainage improvements to US 19 from north of Whitney Road to south of Seville Boulevard, FPID # 256881-1-52. (Engineering Project No. 06100-311; Oracle No. 11382)

3. Authorizing the Mayor to execute a District Seven Highway Landscape Reimbursement and Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation for the purpose of performing highway beautification on State Road rights-of-way within the corporate limits of the City of St. Petersburg in Pinellas County, Florida at a maximum reimbursement amount of $1,000,000; and approving a supplemental appropriation of $1,000,000 from the increase in the unappropriated balance of the General Capital Improvement Fund resulting from these additional revenues.

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Consent Agenda II

Consent Agenda B

March 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. Accepting a proposal from HOBAS Pipe USA, a sole source supplier, for a slip-lined sewer repair project along 54th Avenue South, from 34-40 Streets, for the Water Resources Department at a total cost of $313,000.

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