March 18, 2010

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, 1st 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.

 


March 18, 2010

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)

          Awards & Presentations

1.      Presentation of an award plaque from FEMA congratulating the City on improving our Community Rating System score from a Class 7 to a Class 6, which further reduces flood insurance costs in the city by 5%, which is estimated by FEMA to equal approximately $1.6 million in annual savings to City of St. Petersburg policy holders.

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

Setting April 1, 2010 as the public hearing date for the following proposed Ordinance(s):

1.         Approving the vacation of the remaining 160 feet (MOL) of 7th Avenue South lying east of Lot 1, Block 1, USF Replat and west of 1st Street South.  (City File 09-33000015)

 

 
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2.         Approving the vacation of the remaining isolated partial alley located north of 108th Avenue North and east of 4th Street North.  (City File 09-33000014)

 

 
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3.         Ordinance creating the St. Petersburg's Red Light Safety Act; authorizing the City to permit and implement the use of automated image capture technologies and intersection monitoring equipment and technologies for violations; providing enforcement procedures; and providing for exceptions.

 

 
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E.          Reports

1.         BayWalk Update.  (Oral)

 

 
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2.         Roadway, Sidewalk and Bridge Management Programs. (Oral)

 

 
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3.         Tampa Bay Regional Planning Council.  (Oral) (Councilmember Newton)

 

 
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4.         Accepting a proposal from ISI Water Company for water utility review consulting services for the Water Resources and Billing & Collections Department at an amount not to exceed $1,001,362, payable only for new revenues generated.

 

 
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5.         Accepting a grant from the Florida Department of Transportation ("FDOT") in the amount of $20,000 to fund Police Department overtime costs for the purpose of conducting high-visibility safety belt enforcement operations and to execute all documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $20,000 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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6.         Approving the following seven (7) resolutions to implement the acquisitions, dispositions, and conveyances of real property necessary for the implementation of the City's Gandy Boulevard, Widening/16th Street Realignment Project:

 

 
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(a)    Authorizing the Mayor to execute the Florida Department of Transportation / City of St. Petersburg Roadway Transfer Agreement; to accept approximately ±4.62 acres (Parcels 6, 7, 8, 9, 10 and 10A) of Frontage Road Right-of-Way at the intersection of Gandy Boulevard and 16th Street North from the Florida Department of Transportation; and to pay closing related costs not to exceed $10,000.

(b)   Authorizing the Mayor to convey ±1.95 acres (Parcels 6, 9 and 10) of the Frontage Road Right-of-Way acquired from Florida Department of Transportation to Carolina First Bank, a foreign corporation.

(c)    Authorizing the Mayor to accept a ±1.95 acre (Parcels 6, 9 and 10) Perpetual and Exclusive Easement for Public Purposes from Carolina First Bank, a foreign corporation, to provide a public utility corridor for existing and future public and private utilities; and to pay closing related costs not to exceed $200.

(d)   Authorizing the Mayor to accept three (3) parcels of property totaling approximately ±1.18 acres (Parcels 1, 3 and 5) from Carolina First Bank, a foreign corporation, to realign a portion of the existing Frontage Road Right-of-Way and to increase the 16th Street and 94th Avenue North rights-of-way; and to pay closing related costs not to exceed $6,000.

(e)    Authorizing the Mayor to purchase two (2) parcels of property from Tarpon Ridge, Inc., a Florida corporation, totaling approximately ±14,844 square feet (Parcels 2A and 4) for $51,500 to facilitate the realignment of a portion of the existing Frontage Road Right-of-Way; and to pay closing related costs not to exceed $2,600.

(f)     Authorizing the Mayor to purchase one (1) parcel of property from the 3JGTrust totaling approximately ±837 square feet (Parcel 2B) to facilitate the realignment of a portion of the existing Frontage Road Right-of-Way for $3,000; and to pay closing related costs not to exceed $1,000.


(g)   Authorizing the Mayor to grant Florida Power Corporation, d/b/a Progress Energy Florida, Inc., a Florida corporation, a ±26,535 square foot Perpetual and Exclusive Easement for housing an existing 115KV underground transmission line and associated underground electrical improvements within existing and proposed rights-of-way; and to pay closing related costs not to exceed $200.

F.           New Business

1.         Requesting a downtown parking status update.  (Councilmember Dudley)

 

 
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2.         Requesting an update on the proposed cell phone tower on 62nd Avenue North (wastewater treatment facility).  (Councilmember Dudley)

 

 
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3.         Requesting Administration provide the Budget, Finance and Taxation Committee with a report on the pros and cons of establishing a fire district to fund fire services.  (Councilmember Nurse)

 

 
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4.         Proposed Amendment 4 to the Florida Constitution.  (Councilmember Nurse)

 

 
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5.         Referring to the Public Services & Infrastructure Committee for discussion the objectives for combining the Metropolitan Planning Organization and the Pinellas Planning Council.  (Councilmember Danner)

 

 
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G.          Council Committee Reports

1.         Budget, Finance & Taxation Committee.  (3/11/10)

 

 
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(a)    2009 Comprehensive Annual Financial Report (CAFR) presented by Ms. Troy Manning with Cherry, Bekaert & Holland, LLP.

(b)   Authorizing the Mayor to execute an amendment to the Agency Agreement between Boley Centers, Inc, and the City for a Youthbuild Program that (1) cancels funding for the Youthbuild Program that proposed to provide job skills training to 20 persons during FY 2009-2010 and (2) transfers that funding to Boley's Pathways Out of Poverty Program that will provide job skills training to 20 persons during FY 2009-2010.

(c)    Resolution authorizing the acceptance of the property insurance coverage proposal submitted by Brown and Brown, Inc.

2.         Public Services & Infrastructure Committee.  (3/11/10)

 

 
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3.         Legislative Affairs & Intergovernmental Relations Committee.  (3/11/10)

 

 
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4.         EMS Committee.  (3/11/10)

 

 
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5.         Co-Sponsored Events Committee.  (3/18/10)

 

 
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(a)    Ordinance providing for the sale and consumption of alcoholic beverages in a portion of North Straub Park for an event to be held on April 11, 2010; providing exemptions from City Code Sections including but not limited to those Code Sections dealing with alcoholic beverages being sold and consumed in City Parks.

H.          Legal

1.         Consideration of settlement proposal in St. Pete Apartments LTD v. City of St. Petersburg.

 

 
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2.         Reconsideration of Ordinance 968-G, an amendment to the consolidated Development Order for the Gateway Centre St. Petersburg Development of Regional Impact.

 

 
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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 Preliminary Assessment for Lot Clearing Number 1475.

 

 
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2.         Confirming Preliminary Assessment for Building Demolition Number 369.

 

 
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3.         Confirming Preliminary Assessment for Building Securing Number 1137.

 

 
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Second Reading and Second Public Hearings

4.         Ordinance 971-G amending Section 16.40.090.3.9 regarding temporary parking lots in certain DC zoning districts by making lawfully existing parking lots east of 3rd Street illegal, providing for amortizing such parking lot uses and adding conditions to their continued use during the amortization period.  (City File LDR-2010-01)

 

 
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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.

 

5.         Appeal of the City's Engineering, Stormwater and Capital Improvements denial of Minor Easement Application No. 09-221-ME located at 737 - 19th Avenue North.

 

 
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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, owners of property in the City, owners of businesses in the City or their employees 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 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

March 18, 2010

 

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.         Accepting a proposal from ISI Water Company for water utility review consulting services for the Water Resources and Billing & Collections Department at an amount not to exceed $1,001,362, payable only for new revenues generated.  [Moved to Reports as E-4]

 

 
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(Public Works)

2.         Authorizing the Mayor to execute Change Order No. 1 in the amount of $132,725.87 to the contract with Ocean Gate General Contractors, Inc. for Albert Whitted Airport - New Air Traffic Control Tower for a total contract amount of $2,042,614.87. (Engineering Project No. 05083-113; Oracle Project No. 11392)

 

 
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3.         Gandy Boulevard Widening; Gandy and 16th Street North Intersection Realignment; 16th Street North Service Road Realignment; and Metropointe Commerce Park project:

 

 
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(a)    Awarding a contract to R.E. Purcell Construction Co. Inc. in the amount of $5,621,315.20 for Gandy Boulevard Widening; Gandy and 16th Street North Intersection Realignment; 16th Street North Service Road Realignment; Metropointe Commerce Park project.  (Engineering Project Nos. 00064-119, 01062-119 and 01062-219; Oracle No. 11660). (FDOT Financial No. 418869 1 58 01and OTTED Financial No. EDTF-ID: 08-00121)

(b)   Authorizing the Mayor to execute Task Order No. 08-7-TBE/GC with Cardno, TBE, Inc. in the amount of $43,307.95 for construction phase services for the Gandy Boulevard North/16th Street Service Road Realignment Project. (Engineering Project No. 01062-119, Oracle No. 11660)

(c)    Authorizing the Mayor to execute Task Order 08-6-TBE/GC to the agreement between the City of St. Petersburg and Cardno, TBE, Inc. in the amount of $56,147.25 for construction phase services for the Gandy Boulevard Widening project.  (Engineering Project No. 00064-119; Oracle No. 11660)

Consent Agenda II



Consent Agenda B

March 18, 2010

 

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 NA for merchant credit card services at an estimated fee of $267,000.

 

 
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2.         Accepting a bid from National Filter Media Corporation d/b/a Filter Belts, a subsidiary of Alsco, Inc., for filter plates for the Water Resources Department at a total cost of $232,725.

 

 
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3.         Awarding a three-year blanket purchase agreement to Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Fleet Management for automobile leasing for the Police Department at an estimated annual cost of $180,263.

 

 
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(City Development)

4.         Authorizing the Mayor to execute a five (5) year License Agreement with the University of South Florida Board of Trustees ("USF"), a public body corporate, to utilize certain City-owned submerged lands in the westerly basin of Bayboro Harbor, described herein, to operate the USF St. Petersburg Campus Sailing Center and install and maintain related waterside improvements and to execute all documents necessary to effectuate same.  Requires affirmative vote of at least six (6) members of City Council.

 

 
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5.         Authorizing the Mayor to execute a twelve (12) month Parking Space Use Agreement with the Fish and Wildlife Research Institute, an agency of the State of Florida, for the use of thirty (30) parking spaces at the Port of St. Petersburg and to execute all documents necessary to effectuate same.  Requires affirmative vote of at least six (6) members of City Council.

 

 
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6.         Approving the plat to be known as the Partial Replat of Block 3, J.W. Fischer's Subdivision, generally located at 2205 - 56th Avenue North.  (City File 07-20000013)

 

 
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(Leisure & Community Services)

7.         Authorizing the Mayor to execute a one-year State of Florida Department of Transportation ("FDOT") Contract Renewal for a maintenance agreement between the City and FDOT to provide grounds maintenance for certain highway and parkway facilities within FDOT’s right-of-way in, and adjacent to, the City in the amount of $221,135.79.

 

 
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8.         Resolution concurring with the Administration’s proposal for a Urban and Community Forestry Grant ("Proposal") in an amount up to $20,000 from the Florida Department of Agriculture and Consumer Services, Division of Forestry ("Department") for the development of a tree inventory in parks and on rights-of-ways; authorizing the Mayor to submit the Proposal; to execute an Urban and Community Forestry Grant Maintenance 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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(Public Works)

9.         Authorizing the Mayor to negotiate and execute a Utility Work by Highway Contractor Agreement and a Deferred Utility Relocation Expense Reimbursement Agreement (Loan) between the City of St. Petersburg and the Florida Department of Transportation (FDOT) at actual costs which are currently estimated to be $230,000 plus variable interest based on the State of Florida's internal overnight investment yield for the relocation of the City's Water Mains on the Gandy Boulevard (SR 600 & U.S. 92) from Pelican Sound to Gandy Bridge associated with FDOT's road maintenance and improvement project, FPID #416838-1-52-01.  (Engineering Project No. 10025-111)

 

 
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10.     Authorizing the Mayor to negotiate and execute a Utility Work by Highway Contractor Agreement and a Deferred Utility Relocation Expense Reimbursement Agreement (Loan) between the City of St. Petersburg and the Florida Department of Transportation (FDOT) at actual costs which are currently estimated to be $94,094.44 plus variable interest based on the State of Florida's internal overnight investment yield for the replacement and relocation of the City's Water Distribution Mains on the Pinellas Bayway (SR 682) associated with FDOT's Pinellas Bayway Bridge Replacement Project from SR 699 (Gulf Boulevard) to west of SR 679, FPID #256903-1-52-01. (Engineering Project No. 08034-111)

 

 
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(Community Enrichment)

11.     Authorizing the Mayor to accept a U.S. Department of Housing and Urban Development-Economic Development Initiative Special Projects Grant #B-09-SP-FL-0182 ("Grant") in the amount of $190,000 for the second phase of the Jordan School Renovation Project, and to execute a Grant Agreement and all other documents necessary to effectuate the Grant; approving a supplemental appropriation of $190,000 from the increase in the unappropriated balance of the General Capital Improvement Fund resulting from these additional revenues.

 

 
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(Appointments)

12.     Confirming the appointment of Calvin B. Samuel as an alternate member to the Development Review Commission to serve an unexpired three-year term ending September 30, 2010.

 

 
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(Miscellaneous)

13.     Accepting a grant from the Florida Department of Transportation ("FDOT") in the amount of $20,000 to fund Police Department overtime costs for the purpose of conducting high-visibility safety belt enforcement operations and to execute all documents necessary to effectuate this transaction; and approving a supplemental appropriation in the amount of $20,000 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Police Department.  [Moved to Reports as E-5]

 

 
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14.     Approving minutes of the December 17, 2009, January 2, January 7 and January 14, 2010 City Council meetings.

 

 
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15.     [Moved to Reports as E-6]  Approving the following seven (7) resolutions to implement the acquisitions, dispositions, and conveyances of real property necessary for the implementation of the City's Gandy Boulevard, Widening/16th Street Realignment Project:

 

 
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(a)    Authorizing the Mayor to execute the Florida Department of Transportation / City of St. Petersburg Roadway Transfer Agreement; to accept approximately ±4.62 acres (Parcels 6, 7, 8, 9, 10 and 10A) of Frontage Road Right-of-Way at the intersection of Gandy Boulevard and 16th Street North from the Florida Department of Transportation; and to pay closing related costs not to exceed $10,000.

(b)   Authorizing the Mayor to convey ±1.95 acres (Parcels 6, 9 and 10) of the Frontage Road Right-of-Way acquired from Florida Department of Transportation to Carolina First Bank, a foreign corporation.

(c)    Authorizing the Mayor to accept a ±1.95 acre (Parcels 6, 9 and 10) Perpetual and Exclusive Easement for Public Purposes from Carolina First Bank, a foreign corporation, to provide a public utility corridor for existing and future public and private utilities; and to pay closing related costs not to exceed $200.

(d)   Authorizing the Mayor to accept three (3) parcels of property totaling approximately ±1.18 acres (Parcels 1, 3 and 5) from Carolina First Bank, a foreign corporation, to realign a portion of the existing Frontage Road Right-of-Way and to increase the 16th Street and 94th Avenue North rights-of-way; and to pay closing related costs not to exceed $6,000.

(e)    Authorizing the Mayor to purchase two (2) parcels of property from Tarpon Ridge, Inc., a Florida corporation, totaling approximately ±14,844 square feet (Parcels 2A and 4) for $51,500 to facilitate the realignment of a portion of the existing Frontage Road Right-of-Way; and to pay closing related costs not to exceed $2,600.

(f)     Authorizing the Mayor to purchase one (1) parcel of property from the 3JGTrust totaling approximately ±837 square feet (Parcel 2B) to facilitate the realignment of a portion of the existing Frontage Road Right-of-Way for $3,000; and to pay closing related costs not to exceed $1,000.

(g)   Authorizing the Mayor to grant Florida Power Corporation, d/b/a Progress Energy Florida, Inc., a Florida corporation, a ±26,535 square foot Perpetual and Exclusive Easement for housing an existing 115KV underground transmission line and associated underground electrical improvements within existing and proposed rights-of-way; and to pay closing related costs not to exceed $200.

End notes

 

 

 

 

 

 

 

 

 


 


Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, March 25, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, March 25, 2010, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, March 25, 2010, 10:30 a.m., Room 100

 

 

CRA/Agenda Review (4/1/10)

Thursday, March 25, 2010, 1:30 p.m., Room 100

 

 

Council Workshop – Port Master Plan Update

Thursday, April 15, 2010, 1:30 p.m., Room 100

 

 

Council Workshop – Pier Task Force Update

Thursday, April 29, 2010, 2:00 p.m., Room 100


 

 

Arts Advisory

5 Regular Members

(Terms expire 9/30/10 & 9/30/12)

 

City Beautiful

1 Regular Member

(Term expires 12/31/12)

 

Code Enforcement Board

2 Regular Members (Architect and Realtor  categories)

(Terms expire 12/31/11 & 12/31/12)

 

 

 

Commission on Aging

1 Regular Member

(Term expires 12/31/10)

 

Nuisance Abatement Board

1 Alternate Member

(Term expires 8/31/10)

 

 

 

 

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.