April 2, 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.

April 2, 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 1001-V 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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2. Ordinance 924-G amending City Code Chapter 16 regarding temporary parking regulations.

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3. Ordinance 925-G amending Section 21-86 (2) of the City Code to insert Pinellas Point Park; adding a new Subsection 21-87(8); providing for the renaming of a portion of Pinellas Point Park to Katherine B. Tippetts Park; adding a new Subsection 21-87(9); and providing for codifying the renaming of a portion of Northshore Park as Elva Rouse Park.

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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. Ordinance 070-HL 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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E. Reports

1. Fifth Amendment to Property Disposition Agreement requested by Grand Bohemian SP, LLC as assignee of The Kessler Enterprise, Inc.

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2. Stimulus Package Update. (Oral)

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3. Pinellas Planning Council Update. (Councilmember Kennedy) [To be heard at 2:00 p.m.]

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(a) Resolution opposing the Pinellas Planning Council's proposed amendment to the Countywide Rules regarding the Countywide Coastal Storm Area (CSA).

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

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5. Water Restrictions/Conservation.

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6. Pinellas County EMS Proposal. [To follow Public Hearings]

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(a) Approving the purchase of a replacement fire rescue vehicle from Wheeled Coach Industries, Inc. for the Fire Department at a total cost of $139,104.

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

Setting April 16, 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, at the Port of St. Petersburg at 300 - 8th Avenue Southeast, St. Petersburg.

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G. New Business

1. Referring to the Public Services & Infrastructure Committee a proposal to strengthen Land Development Regulations as they relate to historic preservation. (Councilmember Bennett)

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2. Referring to the Public Services & Infrastructure Committee for review water rates for extreme users. (Councilmember Nurse)

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3. Referring to the Public Services & Infrastructure Committee to address uniform enforcement of tree line and yard parking. (Councilmember Newton)

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4. Referring to the Council Procedures Committee for review and consideration, City Council redistricting. (Councilmember Nurse)

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H. Council Committee Reports

1. Budget, Finance & Taxation Committee. (3/26/09)

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2. Housing Services Committee. (3/26/09)

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(a) Resolution finding that disposition of real property that is acquired in accordance with the Housing and Economic Recovery Act of 2008 ("HERA") and the Neighborhood Stabilization Program ("NSP") or foreclosure by the City below appraised value as herein described serves a City pupose; establishing certain City Real Estate policies to run concurrently with HERA and NSP; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.

(b) Resolution authorizing the Mayor to execute a second amendment to the lease agreement by and between the City of St. Petersburg and Midtown Green, LLC, a Florida Limited Liability Company, to amend the effective date to May 1, 2010 and to execute all documents necessary to effectuate same.

3. Council Procedures Committee. (3/26/09)

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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

CRA

St. Petersburg

Community Redevelopment Agency (CRA)

April 2, 2009

1. City Council Convenes as Community Redevelopment Agency.

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2. Authorizing the Executive Director to execute a Fifth Amendment to the December 8, 2004, Property Disposition Agreement ("PDA") by and among the City of St. Petersburg, The Community Redevelopment Agency of the City of St. Petersburg, Florida, PEF St. Petersburg FL, LLC as assignee of Florida Power Corporation, d/b/a Progress Energy Florida, Inc. and Grand Bohemian SP, LLC as assignee of The Kessler Enterprise, Inc. that modifies the dates of the commencement of construction and completion of construction set forth in the PDA.

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3. Adjourn Community Redevelopment Agency.

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Consent Agenda I

Consent Agenda A

April 2, 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. Sidewalk, Curb, ADA and Signalization Improvements:

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(a) Authorizing the Mayor to execute Supplement No. 2 to the Local Agency Program Agreement between the City of St. Petersburg, Florida and the State of Florida Department of Transportation ("FDOT") in an amount not to exceed $275,000, for a total project cost not to exceed $2,130,155, for additional funding of the construction activities of the US 92 (4th Street) Sidewalk Project; and authorizing a supplemental appropriation of $275,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001) resulting from these additional revenues. (FPN 406315-1-38/58-01) (Engineering Project No. 05107-110, Oracle No.10967)

(b) Awarding a contract to MTM Contractors, Inc. in the amount of $1,810,010.50 for the construction of sidewalk, curb, ADA and signalization improvements along 4th Street North (SR 687/US 92) from 5th Avenue to 30th Avenue North. (Engineering Project Nos. 05107-110 and 05107-112; Oracle No. 10967, CP31144 and C120402)

(c) Authorizing the Mayor to execute Amendment No. 1 to Task Order No. 06-01-AA/GC to the agreement between the City of St. Petersburg and Ayres Associates, Inc. in the amount not to exceed $44,994.00 for construction phase services for 4th Street North (SR687/US 92) between 5th and 30th Avenues - Sidewalk, Curb, ADA and Signalization Improvements, for a total amount of $314,071.00. (Engineering Project No. 05107-110; FDOT FPN 406315-1-52-01; Oracle No. 10967)

Consent Agenda II

Consent Agenda B

April 2, 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. Renewing an agreement with BA Merchant Services LLC and Bank of America N.A. for merchant credit card services at an estimated annual fee of $360,000.

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2. Approving the purchase of a replacement fire rescue vehicle from Wheeled Coach Industries, Inc. for the Fire Department at a total cost of $139,104. [Moved to reports as E-6 (a)]

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3. Renewing an agreement with Bank of America, NA a wholly-owned subsidiary of Bank of America Corporation for banking services for the Finance Department at an estimated annual amount of $89,000.

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4. Renewing a blanket purchase agreement with Beck Disaster Recovery, Inc. for post-disaster debris compliance monitoring services.

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(City Development)

5. Approving the plat of World Office and Retail Plaza, generally located at the northwest corner of Central Avenue and 16th Street North. (City File 08-20000010)

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(City Services)

6. Resolution concurring with the Administration's proposal for an Urban and Community Forestry Grant in the amount of $10,000 through the Florida Department of Agriculture and Consumer Services, Division of Forestry for a project at the Clam Bayou Nature Preserve; authorizing the Mayor to submit the proposal; to execute an Urban and Community Forestry Grant Memorandum of Agreement with the Department in accordance with the Department's Request for Proposals and City procedures, if awarded a grant; and to execute all documents necessary to effectuate this transaction.

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(Appointments)

7. Confirming the appointment of Linda Worcester Dobbs and Catherine C. Kennedy as regular members to the International Relations Committee to fill unexpired three-year terms ending December 31, 2011.

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8. Confirming the appointment of Christopher M. Davey and Shirley A. Scott as regular members to the City Beautiful Commission to fill unexpired three-year terms ending December 31, 2011 and December 31, 2009 respectively.

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9. Confirming the appointment of Benjamin E. Fisher as an alternate member to the Planning & Visioning Commission to serve the remainder of a three-year term ending September 30, 2010.

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End notes

Note: An abbreviated listing of upcoming City Council meetings.

Budget, Finance & Taxation Committee

Thursday, April 9, 2009, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, April 9, 2009, 9:15 a.m., Room 100

CRA/Agenda Review (4/16/09 Agenda)

Thursday, April 9, 2009, 1:30 p.m., Room 100

Committee of the Whole – Stimulus Update

Thursday, April 9, 2009, 2:00 p.m., Room 100

City Council Meeting

Thursday, April 9, 2009, 3:00 p.m., Council Chamber

Budget, Finance & Taxation Committee

Thursday, April 16, 2009, 8:00 a.m., Room 100

Council Workshop – Homeless Update

Thursday, April 16, 2009, 1:30 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)

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.