Page 1 The Tampa City Council Tampa City Council Chambers City Hall 315 E. Kennedy Blvd, Third Floor Tampa, Florida 33602 REGULAR DRAFT AGENDA DATE: 10/16/2008 TIME: 9:00 A.M. Thomas Scott, Chair, District 5 John Dingfelder, District 4 Gwen Miller, Chair Pro-Tem, District 1 At-Large Charlie Miranda, District 6 Mary Mulhern, District 2 At-Large Joseph Caetano, District 7 Linda Saul-Sena, District 3 At-Large Martin Shelby, City Council Attorney WELCOME TO THE MEETING OF THE CITY COUNCIL OF THE CITY OF TAMPA. THIS MEETING IS OPEN TO THE PUBLIC. Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting. Shirley Foxx-Knowles, City Clerk MEETING CALLED TO ORDER – THOMAS SCOTT, CHAIR Invocation Pledge of Allegiance Roll Call Adoption of Minutes City Council Regular Draft Agenda (As of 10/11/2008 at 12:30 p.m.) Page 2 APPROVAL OF THE AGENDA: PUBLIC COMMENTS: (30 MINUTES ALLOTTED FOR ANY MATTERS OTHER THAN PUBLIC HEARINGS – 3 MINUTES PER SPEAKER – PREFERENCE SHALL BE GIVEN TO SPEAKERS WISHING TO ADDRESS ITEMS ON THE AGENDA.) REQUESTS BY THE PUBLIC FOR RECONSIDERATION OF LEGISLATIVE MATTERS COMMITTEE REPORTS/CONSENT AGENDA – (ITEMS 1 THROUGH 71): Ordinances Being Presented For First Reading Consideration – (Items 1 through 2) 1. File No. E2008-8 CH 27 (Ordinance being presented for first reading consideration) - An ordinance designating a portion of Tampa as a "Clean Zone" in order to regulate activities from January 21, 2009 through February 2, 2009 in preparation for hosting the 2009 National Football League Super Bowl; designating geographic boundaries, dates and times for the Clean Zone; regulating and prohibiting temporary outdoor activities, tents, signage and commercial promotional activities in the right-of- way; providing for inspections and permits; providing for penalties; regulating alcoholic beverages; providing for definitions; providing for severability; repealing conflicts; and providing for an effective date. 2. File No. V08-48 (Ordinance being presented for first reading consideration) - An ordinance amending Ordinance No. 2008-150, passed and ordained by the City Council of the City of Tampa on September 4, 2008, which approved a wet zoning (4-COP- R) for 4010 and 4100 Boy Scout Boulevard, by substituting a complete Exhibit "A" for the incomplete Exhibit "A" that was supplied in error; providing for severability; providing an effective date. Public Safety Committee – (Item 3) Gwen Miller, Chair, and Charlie Miranda, Vice-Chair 3. File No. B2008-53 Resolution approving a mutual aid agreement between the City of Tampa Police Department and other law enforcement agencies, providing for a Multi-Agency Voluntary Cooperation Mutual Aid Agreement among said agencies in the operation of the Tampa Bay Area Online Child Protection Task Force; authorizing execution thereof by the Mayor of the City of Tampa. City Council Regular Draft Agenda (As of 10/11/2008 at 12:30 p.m.) Page 3 COMMITTEE REPORTS/CONSENT AGENDA CONTINUED – (ITEMS 1 THROUGH 71): Parks, Recreation and Culture Committee – (Items 4 through 12) Linda Saul-Sena, Chair, and Gwen Miller, Vice-Chair 4. File No. B2008-15 Resolution approving an agreement entitled "Right of Way Streetscape Agreement by and between the City of Tampa, Florida and the Hillsborough County Aviation Authority"; authorizing the execution thereof by the Mayor of the City of Tampa. 5. File No. B2008-46 Resolution approving Change Order No. 6 pertaining to the agreement dated January 25, 2008, Amendment No. 1 dated April 18, 2008, Amendment No. 2 dated June 26, 2008 and Amendment No. 3 dated September 4, 2008 between the City of Tampa and SKANSKA USA Building, Inc. for construction of the Tampa Museum of Art, Curtis Hixon Waterfront Park and Kiley Garden Repairs project, contract 7-C-16 (PW7510), reducing the contract amount for the Curtis Hixon Park by $64,333.39 resulting in a revised contract of $40,741,301.43. 6. File No. B2008-46 Resolution authorizing an Amendment No. 2 to the agreement between the City of Tampa and Thomas Balsley Associates, in the amount of $17,000.00, for certain professional landscape architectural services relating to the 7-D-96, PW6671, Downtown Waterfront Park project; authorizing the Mayor to execute said amendment on behalf of the City of Tampa. 7. File No. B2008-101 Resolution authorizing a second amendment to management agreement between the City of Tampa and the Florida Aquarium, Inc., regarding the management and operation of the Florida Aquarium; authorizing execution thereof by the Mayor of the City of Tampa. 8. File No. B2009-2 Resolution making certain changes in the budget of the City of Tampa for the fiscal year ending September 30, 2009; approving the appropriation of $97,000 within the Capital Improvement Project Fund for engineering services for the Tampa Museum of Art Chiller. 9. File No. B2009-2 Resolution making certain changes in the budget of the City of Tampa for the fiscal year ending September 30, 2009; approving the appropriation of $41,235 within the Capital Improvement Project Fund for engineering services for the Tampa Theatre Electrical Room Upgrade. City Council Regular Draft Agenda (As of 10/11/2008 at 12:30 p.m.) Page 4 COMMITTEE REPORTS/CONSENT AGENDA CONTINUED - (ITEMS 1 THROUGH 71): 10. File No. F2008-79 Resolution approving and accepting a grant award from the National Endowment for the Arts ("NEA") in the amount of $50,000.00 in support of the City of Tampa`s Lights on Tampa program; authorizing the execution of the NEA`s Request for Advance or Reimbursement form by the Mayor of the City of Tampa; authorizing the City of Tampa to match the grant award in the amount of $50,000.00. 11. File No. X2008-910 Resolution approving the proposal of Cleanevent USA, Inc. approving an Agreement between the City of Tampa and Cleanevent, USA for the net amount as proposed and agreed upon for the provision of Operational Staffing Services at the Tampa Convention Center in the estimated amount of $1,438,260.80; authorizing the Mayor to execute said Agreement. 12. File No. Y2008-47 Resolution approving an agreement for professional engineering services, in the amount of $36,555.75, between the City of Tampa and David Nelson Construction Co. in connection with the Tampa Theatre Electrical Room Upgrade, Project PW5210, Contract 5-C-59; authorizing the Mayor of the City of Tampa to execute same. Public Works Committee – (Items 13 through 22) Charlie Miranda, Chair, and John Dingfelder, Vice-Chair 13. File No. B2009-2 - (Part 1 of 2 - See Item 14) Resolution making certain changes in the budget of the City of Tampa for the fiscal year ending September 30, 2009; approving the appropriation of $2,095,389 within the Water Operating Fund for Cooperative Funding Agreements with the Southwest Florida Water Management District (SWFWMD), Projects H400 and H401. 14. File No. B2008-8 - (Part 2 of 2 - See Item 13) Resolution approving a cooperative funding agreement between the City of Tampa and the Southwest Florida Water Management District for the recovery of the Lower Hillsborough River Sulphur Springs Pool, Upper Weir and Gates, and Sulphur Springs Pumping Station Project (H400); authorizing execution thereof by the Mayor of the City of Tampa. City Council Regular Draft Agenda (As of 10/11/2008 at 12:30 p.m.) Page 5 COMMITTEE REPORTS/CONSENT AGENDA CONTINUED - (ITEMS 1 THROUGH 71): 15. File No. B2009-2 - (Part 1 of 2 - See Item 16) Resolution making certain changes in the budget of the City of Tampa for the fiscal year ending September 30, 2009; approving the transfer, reallocation and appropriation of $3,678,898 within the 2007 Water and Sewer Bond Fund for the David L. Tippin Water Treatment Facility Sedimentation Basin Nos. 5-8 Rehabilitation, Repair and Maintenance, Contract 08-C-00041. 16. File No. Y2008-45 - (Part 2 of 2 - See Item 15) Resolution accepting the proposal of Wharton-Smith, Inc. pertaining to contract 08-C-00041; David L. Tippin Water Treatment Facility Sedimentation Basin Nos. 5-8 Rehabilitation, Repair and Maintenance, for the base bid in the amount of $5,678,898.00; authorizing the execution of the contract by the Mayor of the City of Tampa. 17. File No. B2008-46 Resolution approving a Second Amendment to Agreement between the City of Tampa and the law firm of Richard A. Zambo, P.A., for the provision of legal and consulting services in connection with McKay Bay Refuse-to-Energy Facility electrical issues on a continuing basis and other matters, as may be required by the City Attorney; Authorizing the execution thereof by the Mayor of the City of Tampa. 18. File No. B2008-46 Resolution approving an agreement for professional services by and between The Wren Group and the City of Tampa in the amount of Sixty Thousand Dollars $60,000.00; authorizing execution thereof by the Mayor of the City of Tampa. 19. File No. B2009-2 Resolution making certain changes in the budget of the City of Tampa for the fiscal year ending September 30, 2009; approving the transfer, reallocation and/or appropriation of $468,451 within the Trust and Agency Main Transfer Land Sales and Capital Improvement Projects funds for Ybor City Restroom Project expenses.