September 16, 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.

 


September 16, 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)

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

Setting October 7, 2010 as the public hearing date for the following proposed Ordinance(s):

1.         Ordinance relating to the parking of motor vehicles; adding a definition for pay by cell phone to Section 26-1 of the St. Petersburg City Code; and creating Section 26-156.5 of the St. Petersburg City Code to establish a system of paid parking by cell phone.

 

 
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E.          Reports

1.         Emergency Medical Services ALS First Responder Agreement.

 

 
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2.         Entertainment at Council Mini Meetings.

 

 
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3.         Authorizing the Mayor or his designee to accept a Child Care Food Program Grant in the amount of $120,000 from the Florida Department of Health, Bureau of Child Nutrition programs for after school programs at City recreation centers; and to execute a Child Care Food Program Contract with the State of Florida Department of Health and all other documents necessary to effectuate this transaction.

 

 
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4.         Accepting a grant amendment from Coordinated Child Care of Pinellas, Inc. ("CCC") in the amount of $65,504 for the Teen Arts, Sports and Cultural Opportunities (TASCO) Center Based Teen Programs; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; and approving a supplemental appropriation of $65,504 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Recreation Department TASCO FY10 project.

 

 
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5.         Approving a supplemental appropriation in the amount of $10,000 from the unappropriated balance of the Law Enforcement Trust Fund (1023) to the Police Department, Local Law Enforcement State Trust (140-2857) to fund the Community Action Stops Abuse, Inc. ("CASA") Visitation Program; and authorizing the Mayor or his designee to execute a Program Agreement with CASA for use of the City Funds and all other documents necessary to effectuate this transaction. 

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

 

 
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F.           New Business

1.         Requesting City Council pass a resolution to bring high speed rail to St. Petersburg.  (Councilmember Nurse)

 

 
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2.         Referring to the Budget, Finance and Taxation Committee the use of Weeki Wachee Funds for maintenance of the Kaboom Playground at Bartlett Park.  (Councilmember Nurse)

 

 
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3.         Requesting the scheduling of a Social Services Workshop to receive an update on funding, programs, the scope of work and agreement with Dr. Marbut of Haven for Hope, San Antonio, Texas.  (Councilmember Danner)

 

 

 
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G.          Council Committee Reports

1.         Budget, Finance & Taxation Committee.  (9/9/10)

 

 
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(a)    Resolution providing for the approval of the release of a Request for Proposals for the FY 2011 Management Evaluation; and providing that the management evaluation shall be of City's Youth Services.

(b)   Resolution authorizing the Chair of the Budget, Finance & Taxation Committee to execute a letter agreement approving John Gilberto to serve as the engagement partner to provide auditing services.

2.         Public Services & Infrastructure Committee.  (9/9/10)

 

 
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3.         Arts Funding Committee.  (9/9/10)

 

 
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4.         EMS Committee.  (9/9/10)

 

 
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H.          Legal

1.         An Attorney/Client Session, pursuant to Florida Statute 286.011(8), in conjunction with the lawsuit styled City of St. Petersburg v. Wachovia Bank et al,  Case No. 8:10-CV-693-T30-TBM.

 

 
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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 1481 and 1482.

 

 
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2.         Confirming the preliminary assessment for Building Demolition Number 374.

 

 
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3.         Confirming the preliminary assessment for Building Securing Number 1143.

 

 
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4.         Rescinding the Gateway Centre St. Petersburg Development of Regional Impact (DRI) Development Order, and entering into a Development Agreement with the property owner, Jabil Circuit.

 

 
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(a)    Ordinance 992-G rescinding the Development Order for the Gateway Centre St. Petersburg DRI.

(b)   Ordinance 993-G approving a Development Agreement with Jabil Circuit.

5.         Ordinance 994-G relating to utility rates and charges; amending Chapter 27, Sections 27-3, 27-6, 27-117 (b) and (c), 27-132 (a) and (b), 27-133 (a), 27-153 (a), 27-191 (a) and 27-192 of the St. Petersburg City Code;  increasing threshold dollar amounts relating to deposit refunds and retention of deposits; modifying how interest earnings on deposits will be determined; increasing deposit requirements; deleting notary requirements for water rate adjustments; creating new subsection (e), limiting the number of water rate adjustments; amending  potable water and fire service connection charges; amending base charges and volume charges for water service; deleting language related to hand delivery of service termination; amending wholesale water service charges for the City of Gulfport; amending reclaimed water rates; amending the base and volume charges for wastewater service; amending wastewater service charges for wholesale customers; providing for severability of provisions; providing an explanation of words struck through and underlined; and establishing a date to begin calculating new rates for billing purposes.

 

 
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6.         Ordinance 995-G providing for an amendment to the City Charter to provide for a change in the Primary Election date from eight to ten weeks prior to the General Election.

 

 
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7.         Confirming the ordering of alley paving improvements to be made pursuant to Chapter 170, Florida Statutes, said local improvements to consist of paving the alley between 35th and 36th Avenues Northeast, from 1st Street to Bay Streets Northeast; and approving the levy of special assessments on the abutting property owners.  (Engineering Project No. 10002-110)

 

 
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Continuation of Second Public Hearing:

8.         Proposed amendments to the Local Government Comprehensive Plan.  (City File LGCP-2010-02)

 

 
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(a)    Ordinance 987-G amending the Comprehensive Plan pursuant to Chapter 163, Part II, F.S., related to the adoption of a new Transit Oriented Development (TOD) Overlay, and text amendments to the General Introduction and Definitions, Future Land Use Element, and the Public School Facilities Element.

(b)   Ordinance 988-G amending the Comprehensive Plan pursuant to Chapter 163, Part II, F.S., related to the adoption of a new Comprehensive Land Use Plan which helps implement St. Pete Vision 2020, and text amendments to the Vision Element and Future Land Use Element.

Quasi-Judicial Proceedings

 

Swearing in of witnesses.  Representatives of City Administration, the appli­cant/appellant, opponents, and members of the public who wish to speak at the public hearing must declare that he or she will testify truthfully by taking an oath or affirmation in the following form:

 

"Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?"

 

The oath or affirmation will be administered prior to the presentation of testimony and will be administered in mass to those who wish to speak.  Persons who submit cards to speak after the administration of the oath, who have not been previously sworn, will be sworn prior to speaking.   For detailed procedures to be followed for Quasi-Judicial Proceedings, please see yellow sheet attached to this agenda.

9.         Amending the land use and zoning of an estimated 0.14 acres, generally located at 3412 - 17th Avenue South.  (City File FLUM-9)

 

 
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(a)    Ordinance 694-L amending the Future Land Use Map designation from Residential Medium to Planned Redevelopment Mixed-Use.

(b)   Ordinance 722-Z rezoning the above described property from NSM-1 (Neighborhood Suburban Multifamily) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

(c)    Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

 

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

 

 

 

 

 

 

 

 

On Thursday, September 16, 2010 at 4:00 p.m. or as soon thereafter as the same may be heard, an attorney-client session, pursuant to Florida Statute 286.011(8), will be held in conjunction with the lawsuit styled City of St. Petersburg v. Wachovia Bank et al, Case No. 8:10-CV-693-T30-TBM.  Any or all of the following persons will be attending:  Leslie Curran, Chair; Herbert E. Polson, Vice Chair; James Kennedy; Bill Dudley; Steve Kornell; Karl Nurse; Wengay "Newt" Newton; Jeff Danner; Mayor Bill Foster; John C. Wolfe, City Attorney; Mark A. Winn, Chief Assistant City Attorney; Jacqueline M. Kovilaritch, Assistant City Attorney and Robert R. Marcus, C. Bailey King, Matthew Nis Leerberg of the Smith Moore Leatherwood LLP law firm who may appear by teleconference or video-conference or in person.  The session will commence in City Council Chambers, 175 Fifth Street North, St. Petersburg, Florida.  After the commencement of the session at the public meeting, the session will be closed and only those persons described above together with a certified court reporter will be allowed to be present.  The subject matter of the meeting shall be confined to settlement negotiations and/or strategy related to litigation expenditures.  At the conclusion of the session the meeting will be re-opened and the session will be terminated.

 

 
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Consent Agenda I

 

Consent Agenda II



Consent Agenda

September 16, 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.         Awarding a blanket purchase agreement to the School Board of Pinellas County to provide school buses and drivers for the Parks and Recreation Department at an estimated annual cost of $475,000.

 

 
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2.         Accepting a bid from Candela Controls, Inc. for a lighting control system at Progress Energy Center for the Arts Mahaffey Theater for Engineering Project 12576 Award 80635 for a total cost of $292,710.

 

 
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3.         Renewing agreements with Cross Construction Services, Inc; Cross Environmental Services, Inc.; E.L. Trevena, Incorporated; H & H Fergusons' Contracting, Inc; Huffman General Contractors, Inc; Kimmins Corp; and Sonny Glasbrenner, Inc; for demolition and removal of structures at an estimated annual cost of $205,000.

 

 
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4.         Awarding a three-year blanket purchase agreement to Verizon Florida, LLC, a sole source supplier, for the City's computerized traffic signal system for the Stormwater, Pavement, & Traffic Operations Department at an estimated annual cost of $185,000.

 

 
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5.         Awarding a four-year blanket purchase agreement to Avaya, Inc., for telephony network maintenance and repair services for the ICS Department at an estimated annual cost of $146,250.

 

 
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6.         Approving the purchase of security guard services from Swift Security, Inc. for the Sanitation and Fleet Management departments at an estimated annual cost of $118,330.

 

 
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(City Development)

7.         Authorizing the Mayor to execute a Lease Agreement with the Police Athletic League of St. Petersburg, Inc., a not-for-profit corporation, for the use of the Main Building at 1450 - 16th Street North located within a portion of the City-owned Woodlawn Park for a period of three (3) years at an aggregate rent of $36.00; and to waive the reserve for replacement requirement.  (Requires an affirmative vote of at least six (6) members of City Council.)

 

 
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8.         Authorizing the Mayor to execute a License Agreement with Family Resources, Inc., a not-for-profit corporation, for the use of the Arts Wing within a portion of the City-owned Wildwood Recreation Center, located at 1000 - 28th Street South, for a period of three (3) years at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires an affirmative vote of at least six (6) members of City Council.)

 

 
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(Leisure & Community Services)

9.         Authorizing the Mayor or his designee to accept a Child Care Food Program Grant in the amount of $120,000 from the Florida Department of Health, Bureau of Child Nutrition programs for after school programs at City recreation centers; and to execute a Child Care Food Program Contract with the State of Florida Department of Health and all other documents necessary to effectuate this transaction.  [Moved to Reports as E-3]

 

 
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10.     Accepting a grant amendment from Coordinated Child Care of Pinellas, Inc. ("CCC") in the amount of $65,504 for the Teen Arts, Sports and Cultural Opportunities (TASCO) Center Based Teen Programs; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; and approving a supplemental appropriation of $65,504 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Recreation Department TASCO FY10 project.  [Moved to Reports as E-4]

 

 
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11.     Accepting a grant from the National Recreation & Park Association (NRPA) in the amount of $50,000 to support the City's summer food service program and afterschool snack program; authorizing the Mayor or his designee to execute a grant agreement and all other documents necessary to effectuate this transaction with NRPA; and approving a supplemental appropriation of $50,000 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues.

 

 
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(Public Works)

12.     Approving an interlocal agreement between the City of St. Petersburg and the Town of Kenneth City for the maintenance of traffic control signals and devices within the jurisdiction of Kenneth City for a five year term; authorizing the Mayor or his designee to execute all documents necessary to effectuate the transaction; and approving a supplemental appropriation in the amount of $19,429 from the increase in the unappropriated balance of the General Fund (0001) resulting from these additional revenues.

 

 
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(Appointments)

13.     Confirming the reappointment of Jeff Rogo, Martha L. Kehm, and Douglas E. Robison, as regular members, and Robert Eschenfelder and Brian C. Melton, as alternate members, to the Planning & Visioning Commission to serve three-year terms ending September 30, 2013.

 

 
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14.     Confirming the reappointment of Wendy S. Giffin and Sharon H. Eichler, as regular members, and Calvin B. Samuel, as an alternate member, and confirming the appointment of J. Chris Scherer, as a regular member, and Charles E. Flynt, as an alternate member, to the Development Review Commission to serve three-year terms ending September 30, 2013.

 

 
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15.     Confirming the reappointment of Bob Jeffrey and Robin L. Reed, as regular members, and Arnett Smith, Jr., as an alternate member, and confirming the appointment of Jeffery M. Wolf, presently an alternate member, as a regular member, and Lisa Wannemacher, as an alternate member, to the Community Preservation Commission to serve three-year terms ending September 30, 2013.

 

 
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16.     Confirming the reappointment of Kathleen C. Oathout, Erin M. Hinton and Carol Mickett as regular members to the Arts Advisory Committee to serve three-year terms ending September 30, 2013.

 

 
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17.     Confirming the reappointment of Jack M. Feinberg and Le Ann J. Elliott as regular members to the Social Services Allocations Committee to serve three-year terms ending September 30, 2013.

 

 
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18.     Approving the appointment of Michael J. Connors and Andrew J. Swenson to the Board of Trustees of the Fire Pension Fund for a four-year term beginning October 1, 2010 and ending September 30, 2014.

 

 
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19.     Approving the appointment of Michael J. Jefferies II and Timothy M. Finch to the Board of Trustees of the Police Pension Fund for a four-year term beginning October 1, 2010 and ending September 30, 2014.

 

 
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(Miscellaneous)

20.     Approving minutes of the July 15, July 22 and July 29, 2010 City Council meetings.

 

 
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21.     Approving a supplemental appropriation in the amount of $10,000 from the unappropriated balance of the Law Enforcement Trust Fund (1023) to the Police Department, Local Law Enforcement State Trust (140-2857).   [Moved to Reports as E-5]

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

 

 

Budget, Finance & Taxation Committee

Thursday, September 9, 2010, 8:00 a.m., Room 100

 

 

 

Public Services & Infrastructure Committee

Thursday, September 9, 2010, 9:15 a.m., Room 100

 

 

 

EMS Committee

Thursday, September 9, 2010, 11:00 a.m., Room 100

 

 

 

CRA/Agenda Review & Administrative Updates (9/16/10)

Thursday, September 9, 2010, 1:30 p.m., Room 100

 

 

City Council Meeting

Thursday, September 9, 2010, 3:00 p.m., Council Chamber

(First FY 2011 Budget Public Hearing is scheduled for 6:00 p.m.)

 

 

 

FY 2011 Budget Public Hearing

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

 

 

 

 

City Council Workshop – Port Update

Thursday, September 30, 2010, 2:30 p.m., Room 100

 

 

City Beautiful

3 Regular Members

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

 

 

 

 

Code Enforcement Board

1 Regular Member (Architect category)

(Term expires 12/31/11)

 

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.