June 18, 2009

5:00 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 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. The agenda and backup material is posted on the City’s website @ www.stpete.org. A copy is also available on the podium outside Council Chamber at the start of the Council 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 18, 2009

5:00 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 July 9, 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, to install, operate, upgrade and maintain the electrical-related equipment necessary to provide electrical service along the northerly boundary of Albert Whitted Airport and a portion of Albert Whitted Park, St. Petersburg.

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2. Approving the vacation of an existing alley and utility easement in the block located at the southwest corner of 4th Street North and 30th Avenue North. (City File 09-33000007)

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E. Reports

1. Stimulus Package Update. (Oral)

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2. Resolution authorizing the Mayor to execute a consent to the transfer of property located at 1735 9th Street South, from Bridges of America - The Pinellas Bridge, Inc. to Westcare Gulfcoast - Florida, Inc. and all other documents necessary to effectuate the transfer.

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F. New Business

1. Referring to the Public Services & Infrastructure Committee for review, the City's Noise Ordinance. (Councilmember Newton)

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2. Referring to the Public Services & Infrastructure Committee for review, a "Panhandling Meter Program." (Councilmember Nurse)

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G. Council Committee Reports

1. Co-Sponsored Events Committee. (6/5/09)

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(a) Resolution approving the application for Co-Sponsored Event Status in "Name Only" for AEG Live SE, LLC ("applicant") for the Blazed and Confused, Steven Marley, Snoop Dog and Slightly Stupid concert to be held July 31, 2009 in Vinoy Park from 4:00 P.M. to 10:00 P.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; and authorizing the Mayor to execute all documents necessary to effectuate this Resolution.

2. Budget, Finance & Taxation Committee. (6/11/09)

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(a) Resolution rescinding an unencumbered appropriation in the General Capital Improvement Fund (3001) in the amount of $2,753,925 from the Jordan School Renovations Project (10960); approving the transfer of $2,753,925 from the unappropriated balance of the General Capital Improvement Fund to the General Fund (0001); approving the loan and transfer of $1,923,140 from the unappropriated balance of the Excise Tax Special Revenue Fund (1007) and $830,785 from the unappropriated balance of the Franchise Tax Special Revenue Fund (1005) to the General Capital Improvement Fund which will be repaid in five annual payments starting in FY10 through FY14 from the City's annual CDBG grant allocation; and authorizing a supplemental appropriation of $2,753,925 from the increase in the unappropriated balance of the General Capital Improvement Fund resulting from these transfers.

(b) Approving the payoff of $3,490,000 of the City of St. Petersburg Capital Improvement Variable Rate Demand Bonds, Series 1997 A, B and C, and approving documents associated therewith.

3. Public Services & Infrastructure Committee. (6/11/09)

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(a) Resolution approving the conversion to two-way of Mirror Lake Drive from 3rd Avenue North to 2nd Avenue North; Third Avenue North from Mirror Lake Drive to Dr. Martin Luther King Jr. Street; and Second Avenue South from 4th Street to 10th Street.

(b) Resolution initiating the renaming of all of Preston Avenue South to Paris Avenue South.

4. Legislative Affairs & Intergovernmental Relations Committee. (6/16/09)

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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 for Lot Clearing Number 1457.

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2. Confirming the Preliminary Assessment for Building Demolition Number 358.

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3. Confirming the Preliminary Assessment for Building Demolition Number 359.

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4. Confirming the Preliminary Assessment for Building Securing Number 1118.

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5. Confirming the Preliminary Assessment for Building Securing Number 1119.

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6. Ordinance 936-G 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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7. Ordinance 937-G 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)

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Second Reading and Second Public Hearings

8. Ordinance 935-G 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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Second Reading/Second Public Hearing - 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.

9. Ordinance 717-Z 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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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)

June 18, 2009

1. City Council Convenes as Community Redevelopment Agency.

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2. A resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding the "Liberty Hotel Project" located at 126-146 4th Avenue NE, consistent with the Intown Redevelopment Plan, as reviewed in Community Redevelopment Agency report IRP 09-4a.

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3. Adjourn Community Redevelopment Agency.

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Consent Agenda I

Consent Agenda A

June 18, 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 Ring Power Corporation, Fleetpride Inc., Goodyear Rubber Products, Inc., Atlas Hydraulics, Inc., Walker Ford Co Inc. and 32 other companies for automotive parts and repair services for the Fleet Management Department at an estimated annual cost of $2,029,435.

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2. Approving a three-year strategic partnering agreement with HD Supply Waterworks, LTD. (HDSW) for water and sewer supplies for the Water Resources Department at an annual cost of $1,300,000.

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3. Accepting a proposal from Premier Chemicals, LLC, a sole source supplier, for wastewater odor control services for the Water Resources Department at an estimated annual cost of $500,000.

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Consent Agenda II

Consent Agenda

June 18, 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 agreements with Book Wholesalers, Inc., QB Acquisition Corporation formerly Dawson Holding Company, Inc., and Ebsco Publishing, Inc. for library books and related materials for the Library Department at an estimated annual amount of $170,000.

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2. Awarding a blanket purchase agreement to Brenntag Mid South, Inc. for liquefied chlorine for the Water Resources Department at an estimated annual cost of $154,440.

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(City Development)

3. Acquisitions for the Clam Bayou Expansion Project.

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(a) Authorizing the Mayor to purchase three (3) parcels for the Clam Bayou Expansion Project in the aggregate amount of $78,600 and to pay closing related expenses not to exceed $500.

(b) Authorizing the Mayor to purchase one (1) parcel for the Clam Bayou Expansion Project in the amount of $38,000 and to pay closing related expenses not to exceed $500.

4. 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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(Internal Services)

5. Awarding a contract to Duncan Seawall, Dock and Boatlift, Inc. in the amount of $104,420 for the Municipal Marina Mooring Piling Replacement - FY 2008. (Engineering Project No. 08057-117; Oracle Nos. 11666 and 12113)

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(Appointments)

6. Confirming the appointment of Brian C. Melton as an alternate member to the Planning & Visioning Commission to serve the remainder of a three-year term ending 9/30/10.

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7. Confirming the appointment of Sharon N. Fennell-Kennedy and Catoura J. Tinch as regular members to the Commission on Aging to serve the remainder of three-year terms ending December 31, 2011 and December 31, 2010, respectively.

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8. Confirming the appointment of Maureen Ahern as a regular member to the International Relations Committee to fill an unexpired three-year term ending December 31, 2011.

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(Miscellaneous)

9. Approving a supplemental appropriation of $25,000 from the unappropriated balance of the Law Enforcement Trust Fund (1023) for FY09 for the funding of a grant program to assist convenience store owners with the purchase of automatic door locks required under City Ordinance 918-G; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.

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10. Authorizing the Mayor to accept $8,810.55 from Pinellas County as the City's share of the interest earned on the FY 2006 and the FY 2007 Edward Byrne Memorial Justice Assistance Grant to continue funding of law enforcement initiatives as set out in the County's grant application, and to execute all documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $8,810.55 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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11. Approving a supplemental appropriation of $100,000 from the unappropriated balance of the Law Enforcement Trust Fund (1023) to pay monetary awards to citizens for tips pertaining to the Illegal Gun Bounty Program ("IGBP"); and authorizing the Mayor to execute all documents necessary to effectuate this transaction.

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12. Authorizing the Mayor to accept a grant from the State of Florida Department of Education in an amount up to $465,500 for the City's summer food program and to execute a grant agreement with the Department; and approving a supplemental appropriation of $465,500 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

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13. Approving a supplemental appropriation not to exceed $30,000 from the increase in the unappropriated balance of the General Fund resulting from sponsorship and registration fees collected for the 13th Annual Florida Neighborhoods Conference.

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14. Approving a contract with the Pinellas County Supervisor of Elections for support services for the 2009 Special Municipal Primary Election.

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End notes

Note: An abbreviated listing of upcoming City Council meetings.

FY 2010 Budget Public Forum

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

Budget, Finance & Taxation Committee

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

Public Services & Infrastructure Committee

Thursday, July 16, 2009, 9:15 a.m., Room 100

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

Thursday, July 16, 2009, 1:30 p.m., Room 100

City Council Meeting

Thursday, July 16, 2009, 3:00 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.