September 22, 2011

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 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 22, 2011

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.

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

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

1.         Amending Ordinance No. 889-G which approved a substantial change of use of park property within Lake Maggiore Park and allowed the construction of a temporary Fire Station Number 8; and modifying conditions.

 

 
0    ..….

E.          Reports

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

 

 
0    ..….

2.         Review of Bay Shore Drive SE streetscape improvements adjacent to Al Lang Stadium and related potential parking lot enhancement opportunities.

 

 
0    ..….

3.         Central Avenue Trolley Agreement between the City of St. Petersburg and the Pinellas Suncoast Transit Authority.

 

 
0    ..….

4.         Approving an incentive package in partnership with Enterprise Florida, Pinellas County, and the USF Research Foundation - for Confidential Project B1062827934 per Florida Statutes 288.075, biotechnology company engaged in the production of advanced medical therapies; and committing to the conveyance of a mutually agreeable site valued at $275,000 for their future expansion.

 

 
0    ..….

5.         Approving a supplemental appropriation in the amount of $511,500 from the unappropriated balance of the Law Enforcement Trust Fund (1023) to the Police Department Federal Justice Forfeiture (140-2858) for the purchase of an armored rescue vehicle ($228,796.25), ballistic shields ($84,660), inspection mirrors and thermal cameras ($36,300), external vest carriers ($52,183.75), and weapon lights with holsters and related accessories ($109,560); and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

 

 
0    ..….

6.         Approving a partnership between the City of St. Petersburg, Florida ("City"), and the Juvenile Welfare Board of Pinellas County ("JWB") for $1,000,000 to youth services in specific areas with a term commencing on October 1, 2011 and ending September 30, 2012 at a cost of $500,000 to both the City and JWB; accepting a grant from JWB in the amount of $1,100,000  for the teen arts, sports and cultural opportunities (TASCO) center based teen programs; authorizing the Mayor or his designee to execute all documents necessary to effectuate this partnership with JWB and grant from JWB; and approving a supplemental appropriation of $261,193 in the general fund, Parks and Recreation Department (190), Recreation Administration (1573) from the grant from the JWB.

 

 
0    ..….

7.         Authorizing the Mayor or his designee to accept a Walmart Foundation grant in the amount of $1,000 for the specific purpose of the purchase of smoke detectors for St. Petersburg Fire & Rescue Department's Home SAFE Program.

 

 
0    ..….

8.         Approving a grant in the amount of $100,000 to 4th Ave South LP; a Florida Limited Partnership ("4th Ave South") for the proposed construction of an 80 unit family rental community to be located at the northeast corner of 4th Ave South and 5th Street South ("Development") that is conditioned on: (1) 4th Ave South obtaining funding approval of Housing Credits from the Florida Housing Finance Corporation by December 31, 2012 and (2) 4th Ave South closing on financing of the Development within two years of the effective date of this resolution; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction if the two conditions precedent are met.

 

 
0    ..….

9.         Emergency Medical Services (EMS).

 

 
0    ..….

F.           New Business

1.         Referring to the Public Service & Infrastructure Committee consideration of a proposal to install a Petanque Court in south Straub Park.  (Councilmember Curran)

 

 
0    ..….

G.          Council Committee Reports

1.         Legislative Affairs & Intergovernmental Relations Committee.  (9/8/11)

 

 
0    ..….

2.         Budget, Finance & Taxation Committee.  (9/15/11)

 

 
0    ..….

(a)    Resolution approving consideration of the presence of conflict minerals in electronic products in purchasing and investment decisions.

3.         Public Services & Infrastructure Committee.  (9/15/11)

 

 
0    ..….

4.         Arts Funding Committee.  (9/15/11)

 

 
0    ..….

H.          Legal – 4:30 p.m.

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.

 

 
0    ..….

I.             Public Hearings and Quasi-Judicial Proceedings - 6:00 P.M.

Second FY 2012 Budget Public Hearing

1.         Fiscal Year 2012 Budget and Proposed Millage Rate:

 

 
0    ..….

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

(b)   Ordinance 1033-G 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 recommended multi-year Capital Improvement Program for the City of St. Petersburg, Florida.

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.

2.         Confirming the preliminary assessment for Lot Clearing Numbers 1494 and 1495.

 

 
0    ..….

3.         Confirming the preliminary assessment for Building Demolition Number 386.

 

 
0    ..….

4.         Confirming the preliminary assessment for Building Securing Number 1156.

 

 
0    ..….

5.         Ordinance 1030-V 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)

 

 
0    ..….

6.         Ordinance 1030-G 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.

 

 
0    ..….

7.         Utility Rates and Charges:

 

 
0    ..….

(a)    Ordinance 1031-G 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 1032-G 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.

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.

8.         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)

 

 
0    ..….

(a)    Ordinance 697-L 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 726-Z rezoning the above described property from NT-2 (Neighborhood Traditional) to CCT-1 (Corridor Commercial Traditional), 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

 

K.          Adjournment

 

On Thursday, September 22, 2011 at 4:30 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:  James Kennedy, Chair, Karl Nurse, Vice Chair, Herbert E. Polson, Bill Dudley; Leslie Curran, Steve Kornell; Wengay "Newt" Newton; Jeff Danner; Mayor Bill Foster; John C. Wolfe, City Attorney; Mark A. Winn, Chief Assistant City Attorney; and Jacqueline M. Kovilaritch, Assistant City Attorney.  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.

 

 
0    ..….

Consent Agenda I


Consent Agenda A


September 22, 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.         Approving the purchase of two replacement fire apparatus for the Fire Department from The Sutphen Corporation at a total cost of $843,876.

 

 
0    ..….

2.         Approving the purchase of seven replacement backhoe loaders for the Water Resources Department from Nortrax, Inc. at a total cost of $550,837.

 

 
0    ..….

(Miscellaneous)

3.         Approving a supplemental appropriation in the amount of $511,500 from the unappropriated balance of the Law Enforcement Trust Fund (1023) to the Police Department Federal Justice Forfeiture (140-2858) for the purchase of an armored rescue vehicle ($228,796.25), ballistic shields ($84,660), inspection mirrors and thermal cameras ($36,300), external vest carriers ($52,183.75), and weapon lights with holsters and related accessories ($109,560); and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.  [Moved to Reports as E-5]

 

 
0    ..….

Consent Agenda II


Consent Agenda B


September 22, 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 proposal from Buck Consultants, LLC for actuarial services for pension programs and other post employment benefits for the Human Resources Department at an estimated annual cost of $112,000.

 

 
0    ..….

(City Development)

2.         Authorizing the Mayor or his designee to execute the following Lease Agreements for the use of buildings within portions of City-owned Parkland for a period of three (3) years at an aggregate rent of $36.00 for each agreement; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
0    ..….

(a)    Gibbs Junior Gladiators Youth Athletic Association, Inc. for the use of 1) a Concession Stand/Storage Area (North Field) within a portion of 31st Street Sports Complex located at 4801 - 31st Street South, St. Petersburg and 2) a Building located at approximately 2567 - 11th Avenue South, St. Petersburg and 3) a Concession Stand/Storage Area located at approximately 1000 - 28th Street South, St. Petersburg within Wildwood Park.

(b)   Childs Park Rattlers Youth Athletic Organization for the use of 1) a Concession Stand/Storage Building/Press Box area and 2) an Equipment/Storage Building within a portion of the City-owned Childs Park Athletic Complex located at 601 - 45th Street South, St. Petersburg.

(c)    Lakewood Jr. Spartans Youth Association, Inc. for the use of 1) a Concession Stand/Storage Building (South Field) and 2) a Portable Classroom  within a portion of 31st Street Sports Complex located at 4801 - 31st Street South, St. Petersburg.

(d)   North East Little League, Inc. for the use of a Concession Stand/Storage Building within a portion of Northeast Park Baseball Complex located at 955 - 62nd Avenue Northeast, St. Petersburg.

(e)    Southside Youth Soccer League, Inc. for the use of 1) a Concession Stand/Restroom Building, 2) a Storage Building and 3) a Meeting Facility within a portion of Lakewood Sports Complex located at 1101 Country Club Way South, St. Petersburg.

3.         Authorizing the Mayor or his designee to execute a Lease Agreement with the Board of Trustees of St. Petersburg College for the use of the existing parking lot located on a portion of City-owned parkland at Eagle Crest Lake for a period of three (3) years at an aggregate rent of $36.00; and to waive the reserve for replacement requirement. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
0    ..….

4.         Authorizing the Mayor or his designee to execute a License Agreement with St. Petersburg Saturday Morning Market, Inc., a Florida not-for-profit corporation, for nominal consideration, for the use of a portion of the parking lot to the north of Al Lang Field, located on the southeast corner of 1st Street S.E. and 1st Avenue S.E., as a market place within a portion of City-owned Progress Energy Park at 201 Bayshore Drive Southeast, St. Petersburg, on Saturdays only during a period of eight (8) months. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
0    ..….

5.         Authorizing the Mayor or his designee to execute a month-to-month Parking Space Use Agreement with Mac Floridian LLC, a Florida Limited Liability Company, D/B/A Primi Urban Cafι, for limited weekend evening use of up to ten (10) spaces in the most easterly portion of the real property commonly referred to as Parking Lot No. 4 for a fee of $100.00 per month.

 

 
0    ..….

6.         Downtown St. Petersburg Intermodal Facility Study:

 

 
0    ..….

(a)    Resolution ratifying and approving Amendments No. 1 and No. 2 to the  FTA Pass Through Agreement For FTA Section 5309 Planning Activities ("Agreement") between the City and the Pinellas County Metropolitan Planning Organization to fund the Downtown St. Petersburg Intermodal Facility Study, that have extended the project completion date to September 30, 2011; and authorizing the Mayor or his designee to execute Amendment No. 3 to the Agreement that extends the project completion date to September 30, 2013, and all other documents necessary to effectuate this resolution.

(b)   Authorizing the Mayor or his designee to execute Amendment No. 2 to the Agreement between the City of St. Petersburg and PB Americas, Inc., for professional services related to the Downtown St. Petersburg Intermodal Facility Study, that extends the project completion date to September 30, 2013, and all other documents necessary to effectuate this resolution.

7.         Authorizing the Mayor or his designee to execute a twelve (12) year Sublease Agreement between the City of St. Petersburg and Ridge Rock Partners, LLC for the use of the easterly ½ portion of JDMU Parcel No. 6 as an employee parking lot, shipping access, and movement of truck traffic for business operations on its adjacent property.

 

 
0    ..….


(Leisure & Community Services)

8.         Authorizing the Mayor or his designee to accept a Childcare Food Program grant in the amount of $140,000 from the Florida Department of Health, Bureau of Childcare Food Programs for after school programs at City recreation centers; and to execute a Childcare Food Program (CCFP) Permanent Contract with the State of Florida Department of Health and all other documents necessary to effectuate this transaction.

 

 
0    ..….

9.         Approving a partnership between the City of St. Petersburg, Florida ("City"), and the Juvenile Welfare Board of Pinellas County ("JWB") for $1,000,000 to youth services in specific areas with a term commencing on October 1, 2011 and ending September 30, 2012 at a cost of $500,000 to both the City and JWB; accepting a grant from JWB in the amount of $1,100,000  for the teen arts, sports and cultural opportunities (TASCO) center based teen programs; authorizing the Mayor or his designee to execute all documents necessary to effectuate this partnership with JWB and grant from JWB; and approving a supplemental appropriation of $261,193 in the general fund, Parks and Recreation Department (190), Recreation Administration (1573) from the grant from the JWB.   [Moved to Reports as E-6]

 

 
0    ..….

(Public Works)

10.     Authorizing the Mayor or his designee to execute an annual Master Architect/Engineering Agreement and up to three one-year renewal options between the City of St. Petersburg and Florida Design Consultants, Inc., George F. Young, Inc., and SurvTech Solutions, Inc. for Surveying Services.

 

 
0    ..….

(Miscellaneous)

11.     Authorizing the Mayor or his designee to accept a Walmart Foundation grant in the amount of $1,000 for the specific purpose of the purchase of smoke detectors for St. Petersburg Fire & Rescue Department's Home SAFE Program.  [Moved to Reports as E-7]

 

 
0    ..….

12.     Approving the Second Extension of ALS First Responder Services Agreement between the City of St. Petersburg and the Pinellas County Emergency Medical Services Authority for Fiscal Year 2011/2012; and authorizing execution of the Second Extension of ALS First Responder Services Agreement for Fiscal Year 2011/2012.

 

 
0    ..….

13.     Approving a grant in the amount of $100,000 to 4th Ave South LP; a Florida Limited Partnership ("4th Ave South") for the proposed construction of an 80 unit family rental community to be located at the northeast corner of 4th Ave South and 5th Street South ("Development") that is conditioned on: (1) 4th Ave South obtaining funding approval of Housing Credits from the Florida Housing Finance Corporation by December 31, 2012 and (2) 4th Ave South closing on financing of the Development within two years of the effective date of this resolution; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction if the two conditions precedent are met.  [Moved to Reports as E-8]

 

 
0    ..….

14.     Approving minutes of the July 14 and July 21, 2011 City Council meetings.

 

 
0    ..….

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

 

 

 

 

 

 

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.