June 4, 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 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, 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.

June 4, 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 1002-V approving the vacation of an unimproved alley between 3rd and 4th Streets North, south of 110th Avenue North, and to vacate 206 feet of 110th Avenue North, east of 4th Street North. (City File 07-33000030)

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2. Ordinance 927-G amending the Development Agreement with Celotex Pridgen, LLLP, for property generally located at 10301 Dr. Martin Luther King Jr. Street North.

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3. Ordinance 928-G authorizing encumbrances on Albert Whitted Municipal Airport property in accordance with Section 1.02(c)(5)B., St. Petersburg City Charter, for receipt of a Florida Department of Transportation grant in the amount of $48,000 for the Taxiway "D", Ramp and REILs Project; authorizing the Mayor or his designee to accept the grant in the amount of $48,000; authorizing the Mayor or his designee to execute all documents necessary to effectuate this Ordinance; and approving supplemental appropriations from the increase in the unappropriated balance of the Airport Capital Improvement Fund (4033).

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4. Ordinance 929-G providing for the calling of an election to present to the voters an amendment to Section 5.05(d) of the St. Petersburg City Charter providing that the Canvassing Board for City election returns be the Pinellas County Canvassing Board.

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5. Ordinance 930-G amending Section 28-6, City Code; revising the requirements for a public vehicle driver permit; and modifying and clarifying requirements for applications, appeals, denials and revocations.

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6. Ordinance 931-G amending Sections 17-151 through 17-173, of the St. Petersburg City Code, which regulate peddlers, solicitors and canvassers.

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7. Ordinance 932-G amending Sections 17-226 through 17-255 of the St. Petersburg City Code, related to fortunetelling.

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8. Ordinance 933-G amending the St. Petersburg City Code by creating a new Section 16.50.85 providing for community gardens; creating a new Section 16.70.030.1.13 providing for procedures for review and approval of an annual community garden permit; providing for conditions of approval; and providing for suspensions, revocations and appeals.

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First Reading and First Public Hearings

Setting June 18, 2009 as the second reading and second public hearing date for the following proposed Ordinance(s).

9. Ordinance amending City Code Chapter 16, Land Development Regulations, specifically amending the land-use type "office, general" from "nonconforming" to "accessory" within the Downtown Center-Park (DC-P) zoning classification. (City File LDR-2009-01)

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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.

First Reading and First Public Hearings

Setting June 18, 2009 as the second reading and second public hearing date for the following proposed Ordinance(s).

10. Ordinance amending the Official Zoning Map designation from DC-3 (Downtown Center-3) to DC-P (Downtown Center-Park) for the City-owned subject property, estimated to be 10.77 acres in size, comprised of the Al Lang stadium site and the parking lot immediately abutting to the north, generally located south of 1st Avenue SE, between 1st Street South and Bayshore Drive SE. [City File ZM-1(A)]

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E. Reports

1. Pinellas Planning Council Update. (Councilmember Kennedy) (Oral)

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2. A resolution recommending that Project A9031245830 ("Project"), a management services headquarters company, be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes, and committing $85,000 as the City's share of the local financial support for the Project.

3. EMS Update (Oral).

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

Setting June 18, 2009 as the public hearing date for the following proposed Ordinances:

1. Amending City Code Chapter 16, Land Development Regulations, specifically amending the Height Restrictions Map designation for the Progress Energy Park - Home of Al Lang Field property from "A" (above 300-feet) to "E" (75-feet). (City File LDR-2009-02)

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2. Amending City Code Chapter 16, Land Development Regulations, specifically amending the Height Restrictions Map designation for the Progress Energy Center for the Arts property from "A" (above 300-feet) to "D" (200-feet). (City File LDR-2009-03)

Setting July 9, 2009 as the public hearing date for the following proposed Ordinance:

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3. Approving the vacation of Turner Street North (also known as 5th Street North), between 69th Avenue North (also known as Atwood Avenue North) and 70th Avenue North. (City File 07-33000024)

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G. New Business

1. Recommending to the Metropolitan Planning Organization (MPO) the appointment of Mary Moser to the Citizens Advisory Committee. (Councilmember Polson)

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2. Requesting City Council move to have the Budget, Finance & Taxation Committee, Public Services & Infrastructure Committee, and the Housing Services Committee televised. (Councilmember Nurse)

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H. Council Committee Reports

1. Council Procedures Committee. (5/21/09)

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2. Co-Sponsored Events Committee. (5/21/09)

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3. Budget, Finance & Taxation Committee. (5/28/09)

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4. Public Services & Infrastructure Committee. (5/28/09)

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5. Housing Services Committee. (5/28/09)

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(a) Authorizing the Mayor to purchase under the Neighborhood Stabilization Program, one (1) bank-owned, foreclosed and unoccupied parcel located at 861 - 18th Avenue South, St. Petersburg, for the sum of $19,550; to pay closing related costs not to exceed $7,500; to rehabilitate or reconstruct the property for an amount not to exceed $100,000; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301 (d)(2) of Housing and Economic Recovery Act 2008; and to execute all documents necessary to effectuate same.

6. Committee of the Whole - Legislative Issues. (5/28/09)

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I. Legal

1. Approving the issuance of the City of St. Petersburg Public Utility Revenue Bonds Series 2009A, not to exceed $60,000,000; and refunding revenue bonds Series 2009B, not to exceed $30,000,000 for the purpose to acquire, construct and erect certain improvements to the Public Utility System, advance refunding certain indebteness and approving documents associated therewith.

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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

June 4, 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. Approving the qualifications of Boley Centers, Inc. and Homes For Independence, Inc. to acquire, rehabilitate and manage multi-family rental properties for the Housing and Community Development Department through Neighborhood Stabilization Program (NSP) funding at an estimated amount of $2,374,741.

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2. Awarding a blanket purchase agreement to Port Consolidated, Inc. for biodiesel fuel for the Fleet Management Department at an estimated annual cost of $1,476,000.

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(Internal Services)

3. Pinellas Trail - 34th Street Pedestrian Bridge ("Overpass"):

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(a) Awarding a contract to Denson Construction Inc. in the amount of $1,277,914.34 for construction of the Pinellas Trail - 34th Street Pedestrian Bridge ("Overpass"); approving supplemental appropriations from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants Improvements Fund (3004) resulting from additional revenues from the Interlocal Agreement between the City and Pinellas County for construction of the overpass authorized by City Council Resolution 2008-64, in the amount of $500,000 to the Bike Path Project (10622) and $3,000,000 to the Pinellas Trail Overpass Project (12358) (Engineering Project No. 06103-912 and 09103-112); and authorizing the Mayor to execute all documents necessary to effectuate this transaction.

(b) Authorizing the Mayor to execute Amendment 1 to Task Order No. 06-11-SCI/T to the agreement between the City of St. Petersburg and Sprinkle Consulting in the amount not to exceed $130,000 for post design phase services for the Pinellas Trail - 34th Street Pedestrian Bridge for a total amount of $574,652.00. (Engineering Project No. 09103-112; Oracle No. 12358)

(c) Authorizing the Mayor to execute a ninety-nine (99) year Airspace Agreement with the State of Florida Department of Transportation (FDOT) for the Pinellas Trail 34th Street South Pedestrian Bridge Project No. 06103-912 and an assignment of the Airspace Agreement to Pinellas County.

(d) Authorizing the Mayor to grant an Easement to Pinellas County for public purposes to include the maintenance of an approach ramp and appurtenant structures and improvements within the City-owned Pinellas Trail Extension property to provide access to the eastern end of the Pinellas Trail 34th Street South Pedestrian Bridge for City Project No. 06103-912.

(e) Authorizing the Mayor to execute an Interlocal Agreement with Pinellas County for the maintenance of the Pinellas Trail Extension from 34th Street South to approximately 13th Street South and, authorizing the Mayor to execute all other documents necessary to effectuate this transaction.

Consent Agenda II

Consent Agenda B

June 4, 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 between the City of St. Petersburg and Fred Snook, d/b/a The Hide Out, for Space No. 1006 at The Pier for a one (1) year term commencing May 1, 2009 and expiring April 30, 2010.

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2. Approving the plat of Martin Bridgeview Subdivision, generally located at the southeast corner of 110th Avenue North and 4th Street North. (City File 08-20000014)

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3. Authorizing the Mayor to execute a Lease Agreement with Edward White Hospital, Inc., a Florida for profit corporation, for the use of a ±32,930 square foot parcel of City-owned property located on the south side of Booker Creek Park as an employee/park patron parking lot for a period of three (3) years. (Requires affirmative vote of at least six (6) members of City Council.)

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4. Authorizing the Mayor to execute a twelve (12) month License Agreement with St. Petersburg Yacht Charters & Sales, Inc., a Florida for profit corporation, (D.B.A. the Marina Point Ships Store) for use of the premises located at 500 First Avenue Southeast on Demens Landing at a minimum monthly rent of $2,876.00. (Requires affirmative vote of at least six (6) members of City Council.)

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(City Services)

5. Authorizing the Mayor to execute an agreement between the City of St. Petersburg and Coordinated Child Care of Pinellas, Inc. to provide child care services for qualified families for one year commencing July 1, 2009, and ending June 30, 2010.

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(Internal Services)

6. Rescinding an unencumbered appropriation in the Recreation and Culture Capital Improvements Fund (3029) in the amount of $200,000 from the Main Library Improvements Project (CP82541), and approving a supplemental appropriation in the amount of $200,000 from the increase in the unappropriated balance of the Recreation and Culture Capital Improvements Fund (3029) resulting from the rescission to the Mirror Lake Complex Code Upgrades Project (Engineering Project No. 09222-017; Oracle No. 12270)

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7. Accepting a proposal from Boley Centers, Inc. for management services for the Summer Youth Intern Program for the Community Affairs Department at an estimated annual cost of $190,000, and approving a supplemental appropriation in the amount of $190,000 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

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(Miscellaneous)

8. Authorizing the Mayor to accept a U.S. Department of Justice grant in the amount of $4,500 to pay Police Department investigative overtime costs for joint cases with The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and to execute all documents necessary to effectuate this transaction; approving a supplemental appropriation in the amount of $4,500 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Police Department.

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9. Resolution finding that payment of all closing related costs, including documentary stamps, for acquisition of the property herein described serves a City purpose; authorizing the Mayor to purchase one (1) unimproved parcel located at 2251 Fairfield Avenue South, St. Petersburg (Parcel 6) for Phase II of the Dome Industrial Park Plan for the sum of $65,000; to pay all closing related costs, including documentary stamps, not to exceed $5,000; and approving a supplemental appropriation in the amount of $70,000 from the unappropriated balance of the General Fund (Land Sale Proceeds Designation) to Real Estate & Property Management for FY09.

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End notes

Note: An abbreviated listing of upcoming City Council meetings.

Budget, Finance & Taxation Committee

Thursday, June 11, 2009, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, June 11, 2009, 9:15 a.m., Room 100

CRA/Agenda Review (6/18/09 Agenda)

Thursday, June 11, 2009, 1:30 p.m., Room 100

Committee of the Whole – Airport Terminal Restaurant

Thursday, June 11, 2009, following Agenda Review, Room 100

City Council Workshop – Council Redistricting Process

Thursday, June 18, 2009, 1:30 p.m., Room 100

FY 2010 Budget Public Forum

Thursday, July 9, 2009, 6:00 p.m., Council Chamber

FY 2010 Budget Public Hearings

Thursday, September 3 and September 17, 2009, 6:00 p.m., Council Chamber

Arts Advisory 1 Regular Member (Term expires 9/30/11) Committee to Advocate for Persons with Impairments (CAPI) 1 Regular Member (Term expires 12/31/11) Community Preservation Commission 1 Regular Member (Business Industry category) (Term expires 9/30/10)

Code Enforcement Board 1 Regular Member (Architect category) (Term expires 12/31/11) International Relations Committee 1 Regular Member (Term expires 12/31/11) Planning & Visioning Commission 1 Alternate Member (Term expires 9/30/10) Public Arts Commission 1 Regular Member (Term expires 4/30/13)

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.