September 8, 2011

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 two weeks preceding the regularly scheduled Council meeting. The agenda and backup material is also posted on the City’s website at www.stpete.org and generally electronically updated the Friday preceding the meeting and again the day preceding the meeting. The updated agenda and backup material can be viewed at all St. Petersburg libraries. An updated 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 8, 2011

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.

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.

C.          Consent Agenda (see attached)

D.          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 1028-G amending Sections 22-196, 22-199 and 22-201(p) of the St. Petersburg City Code relating to the Supplemental Firefighter's Retirement System to clarify that service may be earned after age 55, to clarify the circumstances under which a member may receive creditable service for previous employment and periods of military service served after becoming an employee and to provide for the refund of employee contributions for members actively employed on March 12, 1999 and thereafter who terminate employment with less than ten years of service.

 

 
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2.         Approving a Substantial Amendment to the FY2010/2011 Annual Action Plan ("Amendment") to reduce the HOME Investment Partnership Program ("HOME") funds currently available in the Homebuyer Assistance Program by the amount of $440,595, and to reduce the HOME funds currently available in the Rehabilitation Assistance Program by $120,000, and to increase the Affordable Multi-Family Rental Program funding amount by the total combined amount of $560,595 for the renovation of approximately eight (8) Jamestown townhome units located in Jamestown Replat Unit One, block one, lot 2; authorizing the Mayor or his designee to submit the Amendment to the U.S. Department of Housing and Urban Development and to execute all documents necessary to implement this resolution and the Amendment.

 

 
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Second Reading and Second Public Hearings

3.         Ordinance 1029-G amending City Code Chapter 16, Land Development Regulations. (City file LDR-2011-01)

 

 
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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.

4.         Appeal of the Community Preservation Commission (CPC) approval of a Certificate of Appropriateness for the alteration of doors at the Sunset Hotel, a historic Landmark, located at 7401 Central Avenue. (City File COA 11-90200023 Appeal)

 

 
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E.          Reports

1.         Police Quarterly Update.

 

 
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2.         Approving the Second Amendment to the Agreement between the City of St. Petersburg and Urban Retail Properties Co. to provide a 3-year extension for the Management, Operation and Marketing of The Pier, the term of which shall be October 1, 2011 through September 30, 2014.

 

 
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3.         Pier International Design Competition: 

 

 
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(a)    Approving West 8 with Allied Works, Michael Maltzan Architecture, and Bjarke Ingels Group (BIG) as the three (3) teams to participate in Stage 2 of the St. Petersburg Pier International Design Competition ("Competition"); approving stipends of $50,000 to West 8 with Allied Works, Michael Maltzan Architecture, and Bjarke Ingels Group (BIG) for labor and expenses related to Stage 2 of the Competition;and authorizing the Mayor or his designee to execute all documents necessary to effectuate these transactions.

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

Setting September 22, 2011 as the public hearing date for the following proposed Ordinances:

1.         Ordinance approving a vacation of multiple easements including ingress/egress easements, utility and drainage easements, and a perpetual easement within the property located at the northeast corner of 34th Street North and 17th Avenue North. (City File 11-33000009)

 

 
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2.         Ordinance amending Sections 20-58, 21-43, 2-426, 17-137, and 11-47 to remove all references to firearms and regulations for firearms as required by the 2011 Florida Legislature in HB 45; implementing the total preemption of the regulation of firearms to the state.

 

 
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3.         Ordinance amending Section 20-79 relating to panhandling; and making false or misleading representations and fraudulent panhandling illegal.

 

 
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4.         Ordinance of the City of St. Petersburg opting out of the provisions of Florida Statutes 316.2047 relating to panhandling; and providing for findings.

 

 
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5.         Ordinance of the City of St. Petersburg, Florida opting out of the provisions of Florida Statutes 316.2046 relating to obstructing the right of way; and providing for findings.

 

 
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6.         Utility Rates and Charges:

 

 
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(a)    Ordinance relating to utility rates and charges; amending Chapter 27, Subsections 27-109 (b), 27-141 (a), 27-142 (a), 27-143 (b)(1), creating new Sections 27-144 and 27-145, amending Subsections 27-177 (a) and (d), 27-283 (a), Section 27-284, and Subsection 27-308(i)(2) of the St. Petersburg City Code;  amending potable water service connection charges; amending base charges and volume charges for water service; amending wholesale water service charges for the City of Gulfport; amending fire service monthly use rates and correcting references to the city code; creating a new section pertaining to irrigation only accounts; creating a new section pertaining to system maintenance irrigation water accounts; amending reclaimed water rates and charges; amending the base and volume charges for wastewater service; amending wastewater service charges for wholesale customers; amending fees for demand monitoring, inspections and surveillance; 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.

(b)   Ordinance relating to stormwater utility rates; creating new Subsection 27-405 (b) (7) of the St. Petersburg City Code; providing for no rate increase for the stormwater management system utility fees for Fiscal Year 2012 in lieu of the rate established by the consumer price index; providing for severability of provisions; and providing an explanation of words struck through and underlined.

7.         Amending the Future Land Use Map and zoning designation for the subject property comprised of two parcels of land totaling an estimated 0.64 acres, and separated into Amendment Area "A" (0.42 acres) located at 2701 - 5th Avenue South and Amendment Area "B" (0.22 Acres) located at 2727 - 5th Avenue South. (City File FLUM-12)

 

 
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(a)    Ordinance amending the Future Land Use Map designation for Area "A" from Institutional (I) to Planned Redevelopment-Mixed Use (PR-MU) and for Area "B" from Planned Redevelopment-Residential (PR-R) to Planned Redevelopment-Mixed Use (PR-MU).

(b)   Ordinance rezoning the above described property from NT-2 (Neighborhood Traditional) to CCT-1 (Corridor Commercial Traditional), or other less intensive use.

Setting October 6, 2011 as the public hearing date for the following proposed Ordinance:

8.         Approving the vacations of the remnant segment of 10th Avenue South lying east of 43rd Street South and the adjacent remnant alley segments to the north and south. (City File 11-33000011)

 

 
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G.          New Business

1.         Referring to the Budget, Finance & Taxation Committee consideration of a system to perform bicycle registrations.  (Vice Chair Nurse)

 

 
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2.         Referring to the Housing Services Committee a discussion  to encourage deconstruction in St. Petersburg. (Vice-Chair Nurse)

 

 
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3.         Requesting City Council adopt a resolution acknowledging the support of the Juvenile Welfare Board and matching funds for youth related programming.  (Councilmember Kornell)

 

 
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H.          Council Committee Reports

1.         EMS Committee.  (8/18/11)

 

 
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2.         Budget, Finance & Taxation Committee.  (8/25/11)

 

 
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3.         Public Services & Infrastructure Committee.  (8/25/11)

 

 
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4.         Housing Services Committee.  (8/25/11)

 

 
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(a)    Authorizing the Mayor or his designee to participate in the Weatherization Assistance Program ("Program") funded by the United States Department of Energy administered locally by the Pinellas County Urban League ("PCUL") for qualifying residents living in the City's Jamestown Townhouses & Apartment Complex at a maximum cost to the City of $560.00 per residence, not to exceed $16,800; to execute a Weatherization Assistance Program Building Owner Agreement with PCUL and all documents necessary to effectuate this resolution.

5.         Youth Services Committee.  (8/25/11)

 

 
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6.         Legislative Affairs & Intergovernmental Relations Committee.  (8/25/11)

 

 
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I.             Legal

J.            First FY 2012 Budget Public Hearing - 6:00 P.M.

1.         Fiscal Year 2012 Tentative Budget and Proposed Millage Rate:

 

 
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(a)    Resolution adopting a tentative millage rate for the Fiscal Year ending September 30, 2012.

(b)   Ordinance making appropriations for the fiscal year ending September 30, 2012; making appropriations for the payment of the operating expenses of the City of St. Petersburg, Florida, including its utilities, and for the payment of principal and interest of general obligation bonds, revenue bonds, and other obligations of the City of St. Petersburg, Florida; making appropriations for the Capital Improvement Program of the City of St. Petersburg, Florida; adopting this appropriation ordinance as the budget for the City for fiscal year ending September 30, 2012; and providing for related matters.

(c)    Resolution adopting the tentative budget for the Fiscal Year ending September 30, 2012.

K.          Open Forum

L.          Adjournment

Consent Agenda I


Consent Agenda A


September 8, 2011

 

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.         Renewing an agreement with All American Concrete, Inc. for Sanitary Sewer Repair/Replacement - FY 2008, for the Water Resources Department's SAN Pipe Rehab & Replace FY12 Project (Oracle project number TBD, Engineering Project 08039-111), at an amount not to exceed $2,347,000; and authorizing the Mayor or is designee to execute all documents necessary to effectuate this transaction.

 

 
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2.         Approving the purchase of six replacement sewer cleaning vehicles for the Water Resources Department and Stormwater Pavement & Traffic Operations Department from Environmental Products of Florida Corporation at a total cost of $1,888,884.

 

 
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3.         Approving awards to Marvin Oster Investments, Inc. d/b/a Marco Scrap Services and Kimmins Contracting Corporation for the sale of recyclable metal and metal products for an estimated annual sales revenue of $659,800.

 

 
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4.         Approving the donation of pre-owned  network equipment consisting of three (3) pre-owned extreme black diamond 10808 chassis and associated cards at a list price if purchased new of $1,165,455 from Vology, Inc.

 

 
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Consent Agenda II


Consent Agenda B


September 8, 2011

 

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.         Accepting a bid from Hydra Service (s), Inc, for return activated sludge pumps for the Water Resources Department for a total cost of $108,555 (Engineering Project Number 11028-111; Oracle Number 12966).

 

 
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2.         Renewing a blanket purchase agreement with Gossamer Bay, Inc. d/b/a Universal Controls Instrument Service Company for instrument maintenance and repair services for the Water Resources Department at an estimated annual cost of $500,000.

 

 
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3.         Renewing a blanket purchase agreement with Bulk Express Transport, Inc. for yard waste transport services for the Sanitation Department at an estimated annual cost of $270,000.

 

 
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4.         Awarding a blanket purchase agreement to St. Petersburg College, a sole source supplier, for Police cadet training for the Police Department at an amount not to exceed $138,000.

 

 
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5.         Approving the donation of a police canine to the family of fallen Officer Jeffrey A. Yaslowitz.

 

 
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(City Development)

6.         Authorizing the Mayor or his designee to execute a one (1) year Employee Parking License Agreement with Salvador Dalν Museum, Inc. for the non-exclusive use of twenty (20) parking spaces located within the Albert Whitted Municipal Airport overflow parking area. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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7.         Authorizing the Mayor or his designee to execute a Tower Operating Agreement with the Federal Aviation Administration to provide air traffic control tower services at the Albert Whitted Airport through the Federal Contract Tower Program, and all other documents necessary to effectuate this transaction.

 

 
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8.         Authorizing the Mayor or his designee to participate in the Weatherization Assistance Program ("Program") funded by the United States Department of Energy administered locally by the Pinellas County Urban League ("PCUL") for qualifying residents living in the City's Jamestown Townhouses & Apartment Complex at a maximum cost to the City of $560.00 per residence, not to exceed $16,800; to execute a Weatherization Assistance Program Building Owner Agreement with PCUL and all documents necessary to effectuate this resolution. [Moved to Council Committee Reports under Housing Services Committee as H-4 (a)]

 

 
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(Miscellaneous)

9.         Resolution establishing its intent to reimburse certain capital expenditures incurred in connection with the Police Headquarters Project and other public safety capital projects with proceeds of a future tax-exempt financing; and providing certain other matters in connection therewith.

 

 
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10.     Resolution establishing its intent to reimburse certain capital expenditures incurred in connection with various capital projects as described in the Intown Redevelopment Plan with proceeds of a future tax-exempt financing; and providing certain other matters in connection therewith.

 

 
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11.     Authorizing the Mayor or his designee to execute a one-year extension of Fire Protection Services Agreement with the Pinellas County Fire Protection Authority for the provision of fire protection and suppression services to the Gandy Fire District.

 

 
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12.     Approving minutes of the June 2, June 9, June 16 and June 23, 2011 City Council meetings.

 

 
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13.     Resolution declaring the results of the Primary Election held on August 30, 2011.

 

 
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End notes

 

 

 

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

 

Budget, Finance & Taxation Committee

Thursday, September 15, 2011, 8:00 a.m., Room 100

 

Pubic Services & Infrastructure Committee

Thursday, September 15, 2011, 9:15 a.m., Room 100

 

Arts Funding Committee

Thursday, September 15, 2011, 11:00 a.m., Room 100

 

 

CRA/Agenda Review & Administrative Updates

Thursday, September 15, 2011, 1:00 p.m., Room 100

 

 

 

City Council Meeting

Thursday, September 15, 2011, 3:00 p.m., Council Chamber

 

 

Youth Services Committee

Thursday, September 22, 2011, 8:30 a.m., Room 100

 

 

Committee of the Whole – New Business Item Referrals

Thursday, September 22, 2011, 10:00 a.m., Room 100

 

 

 

FY 2012 Budget Public Hearing Date

Thursday, September 22, 2011, 6:00 p.m., Council Chamber

 

 

 

Fire Impasse Hearing

Thursday, September 29, 2011, 2:00 p.m., Council Chamber

 

 

 

 


 

City Beautiful

4 Regular Members

(Terms expire 12/31/11, 12/31/12 & 12/31/13)

 

Civil Service Board

3 Alternate and 1 Regular Member

(Terms expire 6/30/13 and 6/30/14)

 

 

International Relations Committee

2 Regular Members

(Terms expire 12/31/13)

 

 

 

 

Nuisance Abatement Board

1 Alternate Member

(Term expires 8/31/12)

 

Public Arts Commission

3 Regular Members

(Terms expire 4/30/13, 2/28/14 &

4/30/15)

End notes for Quasi (delete if unneeded)

 

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 land use cases, the Owner bears the burden of proof except in cases initiated by the City, 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 followed by the Appellant, if different. If Appellant and Applicant are different entities then each is allowed the allotted time for each part of these procedures. 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. If there is an Appellant who is not the Applicant, then no Opponent is allowed.

 

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 appropriate witness.  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.