July 15, 2010

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, 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.

 


July 15, 2010

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.          Awards and Presentations

1.         Presentation recognizing City Employees participating in the 2010 Step Up Florida! Challenge and winning in the category of "Most Overall Average Steps Per Participant."

 

 
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2.         Introduction of Dr. Bill Law, President, St. Petersburg College.

 

 
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3.         Presentation of the Jordan School LEED Certification.

 

 
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4.         Presentation recognizing the Historic Old Northeast Neighborhood Association.

 

 
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5.         Proclamation recognizing July as Parks and Recreation Month.

 

 
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6.         Proclamation recognizing "Children's Miracle Network Day in St. Petersburg."

 

 
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E.          Correspondence

F.           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 984-G amending Section 21-60 of the City Code, providing for the operation of radio-controlled model power boats on Blue Heron Lake.

 

 
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Second Reading and Second Public Hearings

2.         Ordinance 985-G amending City Code Chapter 16, Land Development Regulations.  (City File LDR-2010-03)

 

 
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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.

3.         Appeal of Development Review Commission (DRC) denial of a Special Exception and related site plan approval to construct a 150-foot monopole telecommunications tower on property located at 1045 - 16th Street South.  (City File 10-32000001 Appeal)

 

 
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G.          Reports

1.         Update on Pinellas Suncoast Transit Authority (PSTA), Metropolitan Planning Organization (MPO) and Tampa Bay Area Regional Transportation Authority (TBARTA).  (Councilmember Danner)  (Oral)

 

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

 

 
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3.         Fiscal Year 2011 Budget:

 

 
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(a)    Resolution adopting proposed millage rates necessary to fund a tentative budget, other than the portion of said budget to be funded from sources other than ad valorem taxes for Fiscal Year 2011.

(b)   Resolution setting a date for public hearings upon the tentative budget and proposed millage rate for Fiscal Year 2011.

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

Setting August 5, 2010 as the public hearing date for the following proposed Ordinance(s):

1.         Approving the vacation of 20th Avenue North between 29th Street North and 31st Street North, amending Ordinance 1007-V, by which the vacation was approved in 2009, having the effect of amending the legal description of the right-of-way being vacated.  (City File 09-33000001)

 

 
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I.             New Business

1.         Requesting City Council vote to either televise workshops or add workshops to regularly scheduled Council meetings.  (Councilmember Nurse)

 

 
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2.         Requesting a committee be formed to investigate the possibility of saving monies by consolidating government services with the county, state and federal government, while at the same time preserving local control and home rule.  (Councilmember Kornell)

 

 
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3.         Requesting City Council to allow a local musical group to perform directly after the Invocation and Pledge of Allegiance at the mini-meeting on the second Thursday of each month.  (Councilmember Kornell)

 

 
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4.         Referring to the Public Service & Infrastructure Committee for review and adoption of a proposal to implement a Median Sponsorship Pilot Program.  (Councilmember Dudley)

 

 
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5.         Requesting City Council support a resolution to Congress to pass legislation for PACE Financing to go forward to reduce our waste of energy in buildings across our country.  (Councilmember Nurse)

 

 
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J.            Council Committee Reports

1.         Budget, Finance & Taxation Committee.  (6/2410)

 

 
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(a)    Resolution to support Museum issue.

2.         Public Services & Infrastructure Committee.  (6/24/10)

 

 
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3.         Housing Services Committee.  (6/24/10)

 

 
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(a)    Resolution approving a modification to the City's Police in Neighborhoods ("PIN") and A+ Teacher Programs' Policies and Procedures to provide that Administration shall have the authority to implement workout agreements with PIN and A+ clients to amortize the balance of their debt over the remaining term of the note when loans become immediately due and payable because of cessation of required employment or relocation of the eligible borrower; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

K.          Legal

L.          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.

M.        Adjournment

CRA


St. Petersburg

Community Redevelopment Agency (CRA)

July 15, 2010

 

 

1.         City Council Convenes as Community Redevelopment Agency.

 

 
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2.         Resolution of the St. Petersburg Community Redevelopment Agency (CRA) finding the "First and Third Hotel" project, located at 316 - 1st Street North, consistent with the Intown Redevelopment Plan, as reviewed in Community Redevelopment Agency Report IRP 10-3a.

 

 
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3.         Adjourn Community Redevelopment Agency.

 

 

 
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Consent Agenda I


Consent Agenda A


July 15, 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.         Jungle Lake Outfall Storm Drainage Improvements:

 

 
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(a)    Awarding a contract to All American Concrete, Inc. in the amount of $2,980,332.95 for Jungle Lake Outfall Storm Drainage Improvements.  (Engineering Project No. 07038-110; Oracle No. 11153)

(b)   Authorizing the Mayor or his designee to execute Amendment No. 2 to Task Order No. 06-1-PBSJ/GC, to the Agreement between the City of St. Petersburg and PBS&J for the additional amount not to exceed $80,054 to provide limited construction consulting services for the construction of the Jungle Lake Storm Drainage Improvements project. (Engineering Project No. 07038-110; Oracle No. 11153)

2.         Approving the purchase of replacement refuse trucks from Kenworth of Central Florida, Inc. for the Sanitation Department at a total cost of $1,429,948; and approving a supplemental appropriation of $1,429,948 to the Sanitation Equipment Replacement Fund (4027) from the unappropriated balance.

 

 
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3.         Awarding a contract to Rowland, Inc. in the amount of $741,864.10 for Shore Acres Stormwater Vaults Phase 2. (Engineering Project No. 09053-110; Oracle No.10489)

 

 
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4.         Awarding a contract to Frederick Derr & Company, Inc. in the amount of $676,998 for Terminal Drive, Emerson Avenue South and Vicinity Storm Drainage Improvements.   (Engineering Project No. 09017-110; Oracle No. 12073)

 

 
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5.         Pumps, pump parts, pump controllers and repair services for the Water Resources Department:

 

 
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(a)    Awarding three-year blanket purchase agreements to Southern Electric Supply Company, Inc. d/b/a Rexel, Inc.; Tampa Armature Works, Inc.; and DJ/PJ Inc. d/b/a JW Appley & Son for pumps, pump parts and repair services for the Water Resources Department at an estimated annual cost of $525,000.

(b)   Approving blanket purchase agreements with Carl Eric Johnson, Inc.; ITT Water & Wastewater Florida, LLC; Tencarva Machinery Co. d/b/a Hudson Pump & Equipment; Cardo USA, Inc. formerly ABS Pumps, Inc.; and Alttec Corporation dba Digital Control Company, sole source providers for pumps, pump parts, pump controllers and repair services for the Water Resources Department at an estimated annual cost of $500,000.

Consent Agenda II



Consent Agenda B

July 15, 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.         Approving the purchase of a Gradall Hydraulic Excavator from GS Equipment, Inc. for the Fleet Management Department at a total cost of $355,680.

 

 
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2.         Awarding blanket purchase agreements to Davis Concrete, Inc. and Frontier Ready Mix, Inc. for ready mix concrete and related services for an estimated annual cost of $328,968.

 

 
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3.         Awarding blanket purchase agreements with Book Wholesalers, Inc., Quality Books, Inc. and Ebsco Publishing, Inc. for library books and related materials for the Library Department at an estimated cost of $300,000.

 

 
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4.         Awarding a six month agreement with Verizon Wireless of the East LP, AT&T Mobility National Accounts LLC and Sprint Solutions, Inc. for wireless data services for the Police and ICS departments at an estimated cost of $235,000.

 

 
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5.         Awarding a two year blanket purchase agreement to Verizon Wireless Personal Communications LP for cellular phones and services at a cost of $156,400.

 

 
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6.         Summer Youth Intern Program:

 

 
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(a)    Accepting a grant in the amount of $300,000 from the U.S. Department of Labor for the Summer Youth Intern Program ("Grant"); approving a supplemental appropriation in the amount of $220,000 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues to the Human Resources Department; and authorizing the Mayor or his designee to execute all documents necessary to effectuate the Grant.

(b)   Approving an increase in the amount of the agreement with Boley Centers, Inc. for management services for the City's Summer Youth Intern Program by $220,000 for a total amount not to exceed $300,000; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

7.         Awarding a contract to Traffic Calming USA, LLC in the amount of $129,950 for the Patterned Textured Surfaces.  (Engineering Project No. 09019-112; Oracle Nos. 10613, 12585 and 12106)

 

 
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8.         Awarding a contract to The BG Group, LLC in the amount of $128,237 for 34th Street South - South of Pinellas Trail, Gibbs Pedestrian Bridge Demolition.  (Engineering Project No. 09103-212; Oracle No. 12358)

 

 
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9.         Awarding a contract to Pro-Fit Development, Inc. in the amount of $124,000 for the Pioneer Settlement Restroom Facility Project.  (Engineering Project Number 08227-017; Oracle Number 11756)

 

 
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10.     Awarding a contract to Henriquez Electric Corporation in the amount of $124,000 for the St. Petersburg Police Headquarters CEEB Generator Addition; rescinding an unencumbered appropriation in the Public Safety Capital Improvement Fund (3025) in the amount of $90,000 from the Police HQ CEEB Air Handler Project (11330); approving a supplemental appropriation in the amount of $90,000 from the increase in the unappropriated balance of the Public Safety Capital Improvement Fund (3025), resulting from the rescission, to the Police HQ UPS Improvement Project (11327).  (Engineering Project Number 08035-118; Oracle Number 11327)

 

 
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11.     Approving the purchase of high-speed laser printers, controllers and maintenance from Xerox Corporation for the ICS Department at a total cost of $117,000.

 

 
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12.     Awarding a blanket purchase agreement to Pinellas County Schools Food Service for the after school snack program for the Recreation Department at an estimated annual cost of $106,260.

 

 
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(City Development)

13.     Resolution rescinding 1316 Declaration for the structure located at 6075 Bayou Grande Boulevard NE; finding the structure in compliance with the Floodplain Management Regulations; and authorizing the forwarding of this Resolution to FEMA.

 

 
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14.     Resolution supporting the Countywide School Zone Improvement Program developed by the Metropolitan Planning Organization's School Transportation Committee.

 

 
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15.     Resolution co-naming Interstate 175 in St. Petersburg as Dr. Edward Cole Highway.

 

 
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16.     Authorizing the Mayor or his designee to execute an agreement with Site, Insight, Inc., for artist, Nobuho Nagasawa, to design, create and install a work of public art for the Water Resources Department Administration Building.

 

 
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17.     Authorizing the Mayor, or his designee, to purchase the following properties under the Neighborhood Stabilization Program:

 

 
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(a)    One (1) bank-owned, foreclosed and unoccupied property located at 1920 - 27th Street South, St. Petersburg, for the sum of $29,700, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(b)   One (1) bank-owned, foreclosed and unoccupied property located at 2943           Freemont Terrace South, St. Petersburg, for the sum of $19,800, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(c)    One (1) bank-owned, foreclosed and unimproved property located at 1401 - 11th Street South, St. Petersburg, for the sum of $9,900, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve and 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 of 2008.

(d)   One (1) bank-owned, foreclosed and unoccupied property located at 1015 - 40th Street South, St. Petersburg, for the sum of $33,660, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(e)    One (1) bank-owned, foreclosed and unoccupied property located at 923 20thAvenue South, St. Petersburg, for the sum of $19,800, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(f)     One (1) bank-owned, foreclosed and unoccupied property located at 2129 - 16th Avenue South, St. Petersburg, for the sum of $14,850, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(g)   One (1) bank-owned, foreclosed and unimproved property located at 1651 - 39th Street South, St. Petersburg, for the sum of $9,900, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve and 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 of 2008.

(h)   One (1) bank-owned, foreclosed and unimproved property located at 500 - 26thAvenue South, St. Petersburg, for the sum of $9,900, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve and 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 of 2008.

(i)     One (1) bank-owned, foreclosed and unimproved property located at 2501 - 10th Avenue South, St. Petersburg, for the sum of $5,940, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve and 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 of 2008.

(j)     One (1) bank-owned, foreclosed and unimproved property located at 2660 Third Avenue South, St. Petersburg, for the sum of $9,900, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; to pay closing related costs not to exceed $5,000; to improve and 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 of 2008.

(k)   One (1) bank-owned, foreclosed and unoccupied property located at 4800 - 16th Avenue South, St. Petersburg, for the sum of $18,810, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(l)     One (1) bank-owned, foreclosed and unoccupied property located at 2862 - 25th Avenue North, St. Petersburg, for the sum of $77,220, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 the Housing and Economic Recovery Act of 2008.

(m) One (1) bank-owned, foreclosed and unoccupied property located at 2045 Upton Court South, St. Petersburg, for the sum of $14,850, subject to the required Environmental Review Record report result being a Finding of No Significant Impact; 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 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 of 2008.

(Leisure & Community Services)

18.     Authorizing the Mayor or his designee to apply for and administer Florida Boating Improvement Program grants through the Florida Fish and Wildlife Conservation Commission for six boat ramp locations and to execute all documents necessary to effectuate this transaction.

 

 
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19.     Authorizing the Mayor or his designee to execute an agreement and all other documents necessary between the City of St. Petersburg, Florida and the Early Learning Coalition of Pinellas County, Inc., to provide the school readiness program for qualified families for one year commencing July 1, 2010, and ending March 31, 2011.

 

 
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(Public Works)

20.     Approving a supplemental appropriation of $112,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003) for the DIS Water Quality and Conservation Improvements FY10 Project.  (Oracle #12759)

 

 
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(Appointments)

21.     Approving the appointment of Donald B. Keller, presently an alternate member, as a regular member to the Civil Service Board to serve un unexpired three-year term ending June 30, 2011, and the reappointment of James D. Sewell as a regular member to the Civil Service Board to serve a three-year term ending June 30, 2013.

 

 
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(Miscellaneous)

22.     Approving a supplemental appropriation of $327,487 from the unappropriated balance of the General Fund as a reimbursement of an overpayment from Pinellas County EMS and Fire Administration for fire services provided to the Tierra Verde Fire District in FY 2009.

 

 
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23.     Authorizing the Mayor or his designee to execute a Mentor Recruitment and Training Agreement with the Pinellas County Education Foundation, Inc. in the amount of $55,900 and all other documents necessary to effectuate this transaction.

 

 
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24.     Authorizing the Mayor or his designee to execute the Mutual Aid Agreement Tampa Bay Multi-Agency Gang Task Force (MAGTF) 2010 and the Memorandum of Understanding Tampa Bay Multi-Agency Gang Task Force between the City of St. Petersburg and the members of the Tampa Bay Multi-Agency Gang Task Force.

 

 
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25.     Authorizing the Mayor or his designee to execute a modification to reinstate and extend the expiration date of the existing Metropolitan Medical Response System ("MMRS") federally funded subgrant agreement (09-DS-44-08-62-02-386) with the State of Florida, Division of Emergency Management; and to execute all documents necessary to effectuate this transaction.

 

 
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26.     Approving the subordination of the City's existing mortgage on Windjammer, a condominium, 1400 Gandy Boulevard, Units #109, #203, #401, #601, #604, #701, #1002, #1303, #1609, and #1611, ("Property") owned by Abilities at Windjammer, Inc.. to a new U.S. Department of Housing and Urban Development mortgage in the maximum amount of $600,000; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
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27.     Authorizing the Mayor to execute an Amended and Restated Lease Agreement between the City of St. Petersburg and Great Explorations, Inc.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

Joint City Council/Pier Advisory Task Force Workshop

Friday, July 16, 2010, 3:00 p.m., Mahaffey Theater (Grand Ballroom)

 

 

Budget, Finance & Taxation Committee

Thursday, July 22, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee – (CANCELLED)

Thursday, July 22, 2010, 9:15 a.m., Room 100

 

Arts Funding Committee

Thursday, July 22, 2010, 11:00 a.m., Room 100

 

Council Workshop – Mahaffey Mix of Events

Thursday, July 22, 2010, 1:00 p.m., Room 100

 

 

“Haven for Hope” Presentation

Wednesday, July 28, 2010, 9:00 a.m. – 11:00 a.m., Sunken Gardens (Garden Room, 2nd Floor)

 

 

Budget, Finance & Taxation Committee

Thursday, July 29, 2010, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, July 29, 2010, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, July 29, 2010, 10:30 a.m., Room 100

 

CRA/Agenda Review (8/5/10)

Thursday, July 29, 2010, 1:30 p.m., Room 100

 

Committee of the Whole – Downtown Parking Update

Thursday, July 29, 2010, immediately following Agenda Review, Room 100

 

 

FY 2011 Budget Public Hearings

Thursday, September 9 and September 23, 2010, 6:00 p.m., Council Chamber

 

 


 

 

Arts Advisory

1 Regular Member

(Term expires 9/30/10)

 

City Beautiful

3 Regular Members

(Terms expire 12/31/10, 12/31/11 & 12/31/12)

 

 

 

 

Code Enforcement Board

2 Regular Members (Architect and Realtor  categories)

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

 

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.