July 23, 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 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.

July 23, 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)

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

Setting August 6, 2009 as the public hearing date for the following proposed Ordinances:

1. Approving the designation of the Ridgely Residence, located at 600 Beach Drive Northeast, as a local historic landmark. (City File HPC 09-03)

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2. Charter Amendment to provide a more consistent method for filling vacancies on City Council.

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3. Charter Amendment to allow for changes in election and qualifying dates when necessitated by the requirements of the Pinellas County Supervisor of Elections.

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E. Reports

1. Resolution certifying, under the Enterprise Zone Community Contribution Tax Credit Program, that the Centurion Faith Ministries, Inc. Project is consistent with local plans and regulations.

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2. Acquisition of six (6) bank-owned, foreclosed and unoccupied parcels under the Neighborhood Stabilization Program; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act 2008:

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(a) Authorizing the purchase of 3443 - 17th Avenue South, St. Petersburg, for the sum of $26,730; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(b) Authorizing the purchase of 3484 - 17th Avenue South, St. Petersburg, for the sum of $27,225; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(c) Authorizing the purchase of 2044 Seminole Blvd. South, St. Petersburg, for the sum of $22,770; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(d) Authorizing the purchase of 3426 - 3rd Avenue South, St. Petersburg, for the sum of $34,650; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(e) Authorizing the purchase of 4107 - 12th Avenue South, St. Petersburg, for the sum of $13,860; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

(f) Authorizing the purchase of 1411 James Avenue South, St. Petersburg, for the sum of $19,800; to pay closing related costs not to exceed $7,500; and to rehabilitate or reconstruct the property for an amount not to exceed $100,000.

3. Approving a supplemental appropriation of $48,711 from the unappropriated balance of the Law Enforcement Trust Fund (1023) for FY09 to fund the startup costs of the Downtown Deployment Mounted Unit; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.

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4. EMS Update, Impact of Tierra Verde Fire Contract Loss and Staffing Status. (Oral)

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F. New Business

1. Requesting City Council adopt a resolution supporting legislation to require all elected officials to operate under the same sunshine Laws. (Councilmember Nurse)

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G. Council Committee Reports

1. Budget, Finance & Taxation Committee. (7/16/09)

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2. Public Services & Infrastructure Committee. (7/16/09)

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H. Legal

1. Appropriating funding and authorizing legal representation regarding securities lending.

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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 Numbers 1458 and 1459.

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2. Confirming the Preliminary Assessment for Building Demolition Number 360.

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3. Confirming the Preliminary Assessment for Building Securing Numbers 1120 and 1121.

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4. Ordinance 934-G amending the City Code Chapter 16, Land Development Regulations, regarding drought tolerant turf. (City File LDR-2009-04)

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5. Ordinance 939-G 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 and maintain the electrical-related equipment necessary to provide electrical service to the new Dali Museum located at One Dali Boulevard Southeast, St. Petersburg.

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6. Ordinance 940-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 Federal Aviation Administration Grant in the estimated amount of $118,750 for the South Ramp Improvements Design Project; authorizing the Mayor to apply for and accept the Grant in the estimated amount of $118,750; authorizing the Mayor 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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7. Approving the FY 2009/2010 Annual Action Plan; authorizing the Mayor to submit said Plan to the U.S. Department of Housing and Urban Development and to execute all documents and contracts necessary for implementation.

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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

July 23, 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. Pumping Stations Improvements:

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(a) Awarding a contract to Wharton-Smith, Inc. in the amount of $7,770,000.00 for the Oberly and Washington Terrace Pumping Station Improvements; authorizing a supplemental appropriation in the amount of $415,000 from the unappropriated balance of the Water Resources Capital Projects Fund to the OBE Emergency Generator/HS Pump VFD/Elect Project (Engineering Project No. 02083-111; Oracle No. 11680); and authorizing a supplemental appropriation in the amount of $3,345,000 from the unappropriated balance of the Water Resources Capital Projects Fund to the WAS Generator #1 FY05 Project (Engineering Project No. 03064-111; Oracle No. 10068).

(b) Authorizing the Mayor to execute Task Order No. 08-1-BV/W to the Agreement between the City of St. Petersburg and Black & Veatch Corporation in the amount not to exceed $170,000 for construction phase engineering services for the Oberly Pumping Station Improvements. (Engineering Project No. 02083-111; Oracle Project No. 11680)

(c) Authorizing the Mayor to execute Task Order No. 08-2-BV/W to the Agreement between the City of St. Petersburg and Black & Veatch Corporation in the not to exceed amount of $170,000 for construction phase engineering services for the Washington Terrace Pumping Station Improvements. (Engineering Project No. 03064-111; Oracle No. 10068)

(d) Authorizing the Mayor to execute Task Order No. 08-3-MC/W to the Agreement between the City of St. Petersburg and McKim & Creed, Inc. in the amount not to exceed $134,100 for designated system integrator services for the Oberly Pumping Station Improvements. (Engineering Project No. 02083-111; Oracle No. 11680)

(e) Authorizing the Mayor to execute Task Order No. 08-4-MC/W to the Agreement between the City of St. Petersburg and McKim & Creed, Inc. in the amount not to exceed $113,315 for designated system integrator services for the Washington Terrace Pumping Station Improvements. (Engineering Project No. 03064-111; Oracle No. 10068)

2. Relocation of the City's 36" Water Transmission Main at Allen's Creek;

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(a) Awarding a contract to Stately Contractors, Inc. in the amount of $985,626 for the relocation of the City's 36" Water Transmission Main at Allen's Creek; and authorizing a supplemental appropriation in the amount of $985,626 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the WRL US19 Whitney/SR 60 Allen's Creek FY 07 Project (11381). (Engineering Project No. 06100-211; Oracle No. 11381)

(b) Authorizing the Mayor to execute Task Order No. 08-02-GH/W to the agreement between the City of St. Petersburg and Greeley and Hansen, LLC in the amount not to exceed $73,000 for construction phase services for the relocation of the City's 36" Water Transmission Main at Allen's Creek; and authorizing a supplemental appropriation in the amount of $108,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the WRL US19 Whitney/SR 60 Allen's Creek FY 07 Project (11381). (Engineering Project No. 06100-211; Oracle No. 11381)

(Miscellaneous)

1. Authorizing the Mayor to accept a grant from the U.S. Department of Housing and Urban Development ("HUD") in the amount of $914,999 ("Grant") for the City's Homeless Prevention and Rapid Re-Housing Program ("HPRP") and to execute a Grant agreement and all other documents necessary to effectuate acceptance of the Grant, approving a supplemental appropriation in the amount of $914,999 from the increase in the unappropriated balance of the HPRP Fund (1017) resulting from these additional revenues.

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Consent Agenda II

Consent Agenda B

July 23, 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. Approving the purchase of quicklime from Carmeuse Lime & Stone, Inc. for the Water Resources Department at an estimated annual cost of $401,660.

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2. Renewing blanket purchase agreements with E & R Industrial Sales, Inc., and Prison Rehabilitative Industries and Diversified Enterprises, Inc. and American Chemical & Building Maintenance Supply, Inc. for janitorial supplies at an estimated annual cost of $270,000.

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3. Awarding three-year blanket purchase agreements to Apollo Construction & Engineering Services, Inc. and Third Generation Plumbing and Mechanical Co. Inc. for plumbing services and repairs at an estimated annual cost of $156,092.

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4. Renewing an agreement with Florida Department of Management Services for telecommunications services for the ICS department at an estimated annual amount of $128,000.

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5. Renewing blanket purchase agreements with West Coast Graphics, Inc., Interprint Incorporated d/b/a Interprint Web and Sheetfed and ten other vendors for specialty printing services at an estimated annual cost of $115,500.

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6. Renewing an agreement with Pinellas County Schools Food Service for the After School Snack Food Service Program for the Recreation Department at an estimated annual cost of $111,000.

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7. Approving the donation of an aerial rescue vehicle valued at $7,500 to St. Petersburg College.

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(City Development)

8. A resolution recommending that the proposed Wal-Mart Store, to be located at the northeast corner of 1st Avenue North and 34th Street North, be approved as an eligible business to receive a Brownfield Redevelopment bonus refund pursuant to Section 288.107, Florida Statutes; electing to exercise the local financial support waiver option pursuant to Section 288.106(1)(k) Florida Statutes; and authorizing the Mayor to execute all documents necessary to effectuate this resolution.

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9. Authorizing the Mayor to execute a Lease Agreement with Grace Bible Church of St. Petersburg, Florida, Inc. ("Grace Bible") to allow use of a ±2,255 sq. ft. portion of vacant land within Grace Bible's property located at approximately 6100 Fifth Avenue South, 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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10. Authorizing the Mayor to amend an easement granted to Tampa Bay Water ("TBW") within the City's Cosme Water Treatment Plant Property to include new piping being installed at the site and to grant TBW a temporary construction easement for the installation of the new piping for its Northwest Hillsborough Pipeline Project.

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11. Approving the plat of TACRA Phase III, generally located on the southern side of 18th Avenue South, between 21st and 22nd Streets South. (City File 08-20000007)

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12. Authorizing the Mayor to execute a First Amendment to Lease Agreement with the Childs Park Rattlers Youth Athletic Organization, Inc., a Florida not-for-profit corporation, to redefine the premises within City-owned Childs Park Sports Complex located at 601 - 45th Street South, St. Petersburg, to add the equipment/storage building to the existing premises. (Requires affirmative vote of at least six (6) members of City Council.)

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13. Authorizing the Mayor to execute a Lease Agreement with the Silver Raiders Corporation, a Florida not-for-profit corporation, for the use of the concession stand/restrooms and storage/press box buildings within the James "J.C." Turner Fields on the southwestern portion of City-owned Bartlett Park located at 642 - 22nd Avenue South, St. Petersburg, for a period of thirty-six (36) months, at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

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14. Authorizing the Mayor to execute a License Agreement with The Junior League of St. Petersburg Fla. Incorporated, 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 for parking vehicles while hosting a community event on August 8, 2009.

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15. Acquisition of six (6) bank-owned, foreclosed and unoccupied parcels under the Neighborhood Stabilization Program; and to sell the property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act 2008:

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(Internal Services)

16. Confirming the levy of special assessments in the total amount of $49,016.00 for the paving of the alley between Central Avenue and 1st Avenue North from 65th Street North west for approximately 404 feet to meet existing alley paving; and approving the final assessment roll of the special assessments on the abutting properties for the cost of the paving. (Engineering Project No. 08005-110; Oracle No. 80216)

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17. Authorizing the Mayor to execute Amendment No. 1 to Task Order CID-08-04-RAA to the Agreement between the City of St. Petersburg and Robert Aude & Associates, Inc. in the amount not to exceed $230,000 for architectural and engineering design services related to the design of the Progress Energy Center for The Arts Public Plaza and parking garage facade improvements, for a total amount not to exceed $280,500. (Engineering Project No. 08206-017; Oracle No. 11639)

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18. Authorizing the Mayor to execute Task Order No. 08-02-GH/W to the agreement between the City of St. Petersburg and Greeley and Hansen, LLC in the amount not to exceed $73,000 for construction phase services for the relocation of the City's 36" Water Transmission Main at Allen's Creek; and authorizing a supplemental appropriation in the amount of $108,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) to the WRL US19 Whitney/SR 60 Allen's Creek FY 07 Project (11381). (Engineering Project No. 06100-211; Oracle No. 11381) [Moved to Consent Agenda “A” as CA-2 (b)]

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(Appointments)

19. Confirming the appointment of Joseph T. Lettelleir as a regular member to the St. Petersburg Housing Authority to serve an unexpired four-year term ending November 30, 2009.

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20. Confirming the appointment of John E. Collins and Stephanie Schorr as regular members to the Arts Advisory Committee to serve unexpired three-year terms ending September 30, 2011 and September 30, 2010, respectively.

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21. Appointing John R. Oxley, presently a regular member in the Contractor category, as a regular member, Engineer category, and appointing Aaron M. Sharpe as a regular member, Contractor category, to the Code Enforcement Board to serve unexpired three-year terms ending December 31, 2010 and December 31, 2009, respectively.

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(Miscellaneous)

22. Approving a supplemental appropriation of $48,711 from the unappropriated balance of the Law Enforcement Trust Fund (1023) for FY09 to fund the startup costs of the Downtown Deployment Mounted Unit; and authorizing the Mayor to execute all documents necessary to effectuate this resolution. [Moved to Reports as E-3]

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23. 2009 Municipal Elections:

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(a) Approving the appointment of poll workers for the September 1, 2009 Municipal Primary Election.

(b) Approving precinct polling locations for the September 1, 2009 Municipal Primary Election.

(c) Approving a contract with the Pinellas County Supervisor of Elections for support services for the November 3, 2009 Municipal General Election.

End notes

Note: An abbreviated listing of upcoming City Council meetings.

Budget, Finance & Taxation Committee

Thursday, July 30, 2009, 8:00 a.m., Room 100

Public Services & Infrastructure Committee

Thursday, July 30, 2009, 9:15 a.m., Room 100

Housing Services Committee

Thursday, July 30, 2009, 10:30 a.m., Room 100

CRA/Council Agenda Review (8/6/09 Agenda)

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

Legislative Affairs & Intergovernmental Relations Committee

Thursday, July 30, 2009, immediately following Agenda Review, Room 100

FY 2010 Budget Public Hearings

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

Arts Advisory

3 Regular Members

(Terms expire 9/30/09, 10 & 11)

Committee to Advocate for Persons with Impairments (CAPI)

1 Regular Member

(Term expires 12/31/11)

Community Preservation Commission

1 Regular Member

(Term expires 9/30/10)

Code Enforcement Board

1 Regular Member (Architect category)

(Term expires 12/31/11)

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.