AGENDA FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL
Monday, July 24, 2008
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COUNCIL CHAMBERS |
5:30 PM |
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Pledge of Allegiance to the Flag of the United States of America |
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4. |
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A. |
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B. |
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1) |
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a) |
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2) |
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a) |
Consulting Services for New Weir at Gator Slough – Phase VI, Public Works, Dollar Value: $38,750.00 Plus a Contingency of $3,875.00 for a Total of $42,625.00, AIM ENGINEERING & SURVEYING, INC.
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b) |
Approval for Purchase of D-Fast Software for Assessment Management, Financial Services, Dollar Value: Not to Exceed $133,531.00, NBS GOVERNMENT FINANCE GROUP
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3) |
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i) |
Approval for Squire, Sanders, & Dempsey, L.L.P. as Disclosure Counsel for Bond Issuance, Financial Services, Dollar Value: N/A |
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j) |
Senior Community Service Employment Program, Parks & Recreation, Dollar Value: $6.40 per Hour (Minimum Wage) |
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k) |
Approval for Underwriters for Water & Sewer Revenue Bonds, Series 2006, Financial Services, Dollar Value: To Be Determined with Bond Issue |
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l) |
Nominations for Florida Cities of Excellence Awards, Assistant City Manager, Dollar Value: N/A |
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C. |
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D. |
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E. |
PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES: |
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ACTION REQUESTED |
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Final Public Input |
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ACTION REQUESTED |
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test |
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WHAT THE RESOLUTION ACCOMPLISHES: Vacation of Plat for Drainage and Public Utility Easements Located at 1107-1113 SE 12th Lane |
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LEGAL: test |
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1) |
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G. |
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ACTION REQUESTED: Final Public Input |
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WHAT THE RESOLUTION ACCOMPLISHES: Approve and Adopt the 2006-2007 CDBG Action Plan. |
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ACTION REQUESTED: Final Public Input |
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WHAT THE RESOLUTION ACCOMPLISHES: Preliminary Annual Solid Waste Assessment Resolution which Estimates Assessments in the Manner Described, and Provides for Notice and Public Hearing. |
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ACTION REQUESTED: Final Public Input |
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WHAT THE RESOLUTION ACCOMPLISHES: Grants a Certificate of Public Convenience to Operate Four Limousines or Taxicabs in Cape Coral |
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H. |
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I. |
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1) |
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2) |
Charter School Debt Service Deferral – Charter School Chairwoman Embroli |
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3) |
International Association of Fire Fighters Contract Ratification – Human Resources |
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4) |
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J. |
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1) |
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K. |
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ACTION REQUESTED: Set Public Hearing Dates (Quasi Judicial – All Persons Testifying Must be Sworn In) |
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WHAT THE ORDINANCE ACCOMPLISHES: Approves a Planned Development Project Entitled “Everest Water Reclamation Facility Expansion” for Rezoning, a Special Exception Use and Deviations. |
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This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries. |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Limits the sale of fireworks. |
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PDP 05-00800020 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED “EVEREST WATER RECLAMATION FACILITY EXPANSION” FOR CERTAIN PROPERTY DESCRIBED AS A PORTION OF BLOCK 1196 OF “CAPE CORAL UNIT 19” AS RECORDED IN PLAT BOOK 13 AT PAGES 121 THROUGH 135 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 1740 EVEREST PARKWAY; REZONING THE PROPERTY FROM PEDESTRIAN COMMERCIAL (C-1) ZONING DISTRICT TO INSTITUTIONAL (INST) ZONING DISTRICT; GRANTING A SPECIAL EXCEPTION TO ALLOW AN “ESSENTIAL SERVICE – GROUP II” USE IN THE INSTITUTIONAL (INST) ZONING DISTRICT TO ACCOMMODATE THE WATER RECLAMATION FACILITY; GRANTING THE FOLLOWING DEVIATIONS FROM SECTION 2.7.14 OF THE LAND USE AND DEVELOPMENT REGULATIONS: A TWENTY-FIVE (25) FOOT DEVIATION FROM THE SEVENTY-FIVE (75) FOOT REAR YARD REQUIRED TO ALLOW A REAR YARD OF FIFTY (50) FEET; A THIRTY-FIVE (35) FOOT DEVIATION FROM THE REQUIRED SEVENTY-FIVE (75) FOOT FRONT YARD TO ALLOW A FRONT YARD OF FORTY (40) FEET; A SIXTY (60) FOOT DEVIATION FROM THE REQUIRED SEVENTY-FIVE (75) FOOT SIDE YARD TO ALLOW A FIFTEEN (15) FOOT SIDE YARD; A TWENTY-FOUR (24) FOOT DEVIATION FROM THE MAXIMUM HEIGHT OF THIRTY-FIVE (35) FEET TO ALLOW WATER STORAGE TANKS AT A MAXIMUM HEIGHT OF FIFTY-NINE (59) FEET; A FIFTEEN (15) PERCENT DEVIATION FROM THE MAXIMUM COVERAGE OF TWENTY (20) PERCENT TO ALLOW A MAXIMUM OF THIRTY-FIVE (35) PERCENT COVERAGE OF THE SITE; GRANTING A DEVIATION OF 178 TREES TO ALLOW THE SITE TO DEVELOP WITH 356 TREES RATHER THAN THE 534 TREES REQUIRED BY SECTION 5.2.9.B OF THE LAND USE AND DEVELOPMENT REGULATIONS; GRANTING A DEVIATION OF TWENTY-FIVE (25) FEET FROM THE FORTY (40) FOOT LANDSCAPE BUFFER YARD REQUIRED BY SECTION 5.2.9.A.2 OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPE BUFFER YARD OF FIFTEEN (15) FEET ON THE EASTERN, NORTHERN, AND SOUTHERN PROPERTY LINE; GRANTING A FORTY (40) FOOT DEVIATION FROM THE FORTY (40) FOOT LANDSCAPE BUFFER YARD REQUIRED BY SECTION 5.2.9.A.2 OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW THE WESTERLY PROPERTY LINE TO DEVELOP WITHOUT A BUFFER YARD; GRANTING A DEVIATION FROM SECTION 5.2.9.A.3 OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW THE PLANTING OF PALM TREES WITHIN THE LANDSCAPED BUFFER YARD; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS ;- COUNCIL MEMBER ROSADO |
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ACTION REQUESTED: Set Public Hearing Dates (Quasi Judicial – All Persons Testifying Must be Sworn In) |
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WHAT THE ORDINANCE ACCOMPLISHES: Approves a Planned Development Project Entitled “Everest Water Reclamation Facility Expansion” for Rezoning, a Special Exception Use and Deviations. |
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PDP 05-00800021 AN ORDINANCE AMENDING ORDINANCE 76-92 WHICH APPROVED A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SOUTHWEST WATER RECLAMATION FACILITY” FOR CERTAIN PROPERTY DESCRIBED AS THE NORTH ½ OF THE NORTHWEST ¼ OF SECTION 4, TOWNSHIP 45 SOUTH, RANGE 23 EAST, LEE COUNTY, CITY OF CAPE CORAL FLORIDA AND LOTS 41-46, BLOCK 6058, UNIT 96, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGES 45-51, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 3300 AND 3310 S.W. 20th AVENUE; REZONING A PORTION OF THE PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1A) TO INSTITUTIONAL (INST) ZONE, AS MORE PARTICULARLY DESCRIBED HEREIN; REZONING A PORTION OF THE PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1B) TO INSTITUTIONAL (INST) ZONE, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING A SPECIAL EXCEPTION TO ALLOW AN “ESSENTIAL SERVICE – GROUP II” USE IN THE INSTITUTIONAL (INST) ZONING DISTRICT TO ACCOMMODATE THE WATER RECLAMATION FACILITY AND REVERSE OSMOSIS PLANT; APPROVING A DEVIATION OF TWENTY-FOUR (24) FEET FROM THE MAXIMUM HEIGHT ALLOWED BY SECTION 2.7.14 OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW EXISTING AND PROPOSED WATER STORAGE TANKS A MAXIMUM HEIGHT OF FIFTY-NINE (59) FEET; APPROVING A DEVIATION OF FORTY-THREE (43) FEET FROM THE MAXIMUM HEIGHT ALLOWED BY SECTION 2.7.14 OF THE LAND USE AND DEVELOPMENT REGULATIONS TO ALLOW CONSTRUCTION OF A BIOSOLIDS HANDLING FACILITY WITH A MAXIMUM HEIGHT OF SEVENTY-NINE (79) FEET AS FURTHER DESCRIBED HEREIN; APPROVING A DEVELOPMENT PLAN PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS;- COUNCIL MEMBER STEVENS |
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ACTION REQUESTED: Set Public Hearing Dates (Quasi Judicial – All Persons Testifying Must be Sworn In) |
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WHAT THE ORDINANCE ACCOMPLISHES: Approves a Planned Development Project Entitled “Southwest Water Reclamation Facility and Reverse Osmosis Water Treatment Plant” for Rezoning, a Special Exception Use and Deviations. |
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PDP 03-00800017 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "SOUTH SANTA BARBARA PLAZA" FOR PROPERTY DESCRIBED AS LOTS 87 THROUGH 96, BLOCK 1842, CAPE CORAL SUBDIVISION, UNIT 45 PART 1, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 3028-3112 SANTA BARBARA BOULEVARD; REZONING LOTS 87-90, BLOCK 1842 FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PROFESSIONAL OFFICE (P-1); APPROVING THE FOLLOWING SPECIAL EXCEPTIONS IN A PROFESSIONAL OFFICE (P-1) ZONING DISTRICT: PERSONAL SERVICE, GROUPS I, II, AND III USES, RESTAURANTS, GROUPS I AND II USES, AND SPECIALTY RETAIL SHOPS, GROUP I AND II USES; APPROVING A DEVIATION OF TEN (10) FEET FROM THE MINIMUM REAR YARD REQUIREMENT OF TWENTY-FIVE (25) FEET PURSUANT TO SECTION 2.7.7. TABLE C-1(c) OF THE LAND USE AND DEVELOPMENT REGULATIONS, WHICH REQUIRES A MINIMUM REAR YARD OF TWENTY-FIVE (25) FEET WHEN A NON-RESIDENTIAL USE IN A NON-RESIDENTIAL DISTRICT IS ABUTTING A RESIDENTIAL FUTURE LAND USE CLASSIFICATION, IN ORDER TO ALLOW A BUILDING ON LOTS 87 THROUGH 90, BLOCK 1842, WITH A REAR YARD OF FIFTEEN (15) FEET; GRANTING SITE PLAN APPROVAL FOR PURPOSES OF DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS;- COUNCIL MEMBER BOYD |
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ACTION REQUESTED: Set Public Hearing Date (Quasi Judicial – All Persons Testifying Must be Sworn In) |
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WHAT THE ORDINANCE ACCOMPLISHES: Approves a Planned Development Project Entitled “South Santa Barbara Plaza” for Deviation, Site Plan, Special Exception, and Rezoning. |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Amends the City of Cape Coral Land Use and Development Regulations by Decreasing the Minimum Size of Dwelling Units in the CRA. |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Amends the City of Cape Coral Land Use and Development Regulations for Use of Temporary Sales/Rental Offices. |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Authorizes Issuance of SE1 Water, Wastewater and Irrigation Water Improvement Assessment Bonds Not to Exceed $55,000.00. |
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ACTION REQUESTED: Set Public Hearing Date |
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WHAT THE ORDINANCE ACCOMPLISHES: Grants an Easement to the Lee County Electric Cooperative for the Placement of Overhead and Underground Electric Distribution Lines Located in the Area of the SW R/O Plant. |
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L. |
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ACTION REQUESTED: Set Public Input Date |
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WHAT THE RESOLUTION ACCOMPLISHES: Resolution of Necessity to Authorize the Acquisition of Properties for the North Cape Well Sites. |
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N. |
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This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries.
NOTE: For a final hearing on a quasi-judicial matter involving land use (an agenda item identified with an asterisk*), any person who wishes to intervene as a party must obtain a form for that purpose from the City Clerk, complete it, and file it with the Clerk before the start of the public hearing.
GENERAL RULES AND PROCEDURES REGARDING THE
CAPE CORAL CITY COUNCIL AGENDA
This printed agenda will be followed in the conduct of the City’s business.
If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary.
Time is set aside for any citizen to address the City Council on matters within Council jurisdiction during CITIZENS’ INPUT TIME. No prior scheduling is necessary, however, persons desiring to participate in CITIZENS’ INPUT TIME are requested to complete and submit a speaker’s form to the City Clerk. These forms may be obtained in the Council Chambers one hour prior to the meeting.
Members of the audience who address the City Council shall step up to the speaker’s lectern and give his or her full name, address, and whom he or she represents. Proper decorum shall be maintained at all times. Any audience member who is boisterous or disruptive in any manner to the conduct of this meeting shall be asked to leave or be escorted from the meeting room.
Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15¢ per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting.
The meetings will be carried live on Cable Channel 14, Time Warner Cable of Cape Coral.
In accordance with the Americans With Disabilities Act persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance.
*PUBLIC HEARINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT CASES
In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, appeals concerning variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application.
1. The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth.
2. The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant’s representative; witnesses called by the applicant, and then members of the public.
3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant’s representative, City staff, or by any member of the public.
4. The Mayor may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject.
5. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement.
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