Mayor/Council Members

John J. Sullivan, Mayor

Kenneth(Marty)McClain, District 1

John M. Carioscia Sr., District 2

Leonard Nesta Jr., District 3

Chris Chulakes-Leetz, District 4

Rana M. Erbrick, District 5

Kevin McGrail, District 6

Derrick Donnell, Ed.D., District 7

 

1015 Cultural Park Blvd.

Cape Coral, FL

Interim City Manager

Stephen H. Pohlman

City Attorney

Dolores Menendez

City Auditor

Margaret Krym

City Clerk

Rebecca van Deutekom

 

 

AGENDA FOR THE REGULAR MEETING OF THE

CAPE CORAL CITY COUNCIL

 

Monday, January 23, 2012

4:30 PM

COUNCIL CHAMBERS

 

In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting.

 

Persons wishing to address Council under Citizens Input are asked to fill out a Citizens Input Form.  Persons wishing to speak regarding a Consent Item are asked to fill out a Consent Input Form.  These forms are available on the internet at http://www.capecoral.net or on the dais in Council Chambers prior to the start of the Council meeting. All speakers must have their presentations approved by the City Clerk’s office no later than 3:00 PM the day of the meeting.          

1.

Meeting called to order by Mayor Sullivan

 

2.

Invocation

 

 

Councilmember McGrail

 

3.

Pledge of Allegiance to the Flag of the United States of America Led By:

 

 

ALYSSA LOPEZ FROM OASIS CHARTER ELEMENTARY SCHOOL

 

4.

ROLL CALL; Mayor Sullivan, Council Members Carioscia, Chulakes-Leetz, Donnell, Erbrick, McClain, McGrail and Nesta

 

5.

Changes to the Agenda/Adoption of Agenda

 

6.

Approval of Minutes:

 

A

Strategic Planning Meeting December 9, 2011

 

B

Regular Meeting December 12, 2011

 

7.

Presentations

 

A

None.

 

8.

BUSINESS:

 

A

PUBLIC COMMENT - CONSENT AGENDA - A maximum of 45 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual.

 

B

CONSENT AGENDA

 

1)

Procurement Items:

 

a)

None.

 

 

2)

Additional Consent Items:

 

a)

Approval of the Memorandum of Understanding (MOU) between the Cape Coral Police Department and the South Florida Internet Crimes Against Children (ICAC) Task Force, Police,  Dollar Value:  N/A

REQUESTED ACTION: Approve

 

 

b)

Approval of the Settlement Agreement for the eminent domain case of City of Cape Coral v. Russell J. Melita, et al., being Case Number 07-CA-001308 to resolve the acquisition of North Del Prado Widening Parcel #66 (aka Lots 32 and 33, Block 2092, Unit 31, Part 2) for a total land settlement of $75,000 plus negotiated expert fees and costs of $3,000 and negotiated attorney fees of $4,000 for a total settlement cost of $82,000. 00, Financial Services / Real Estate, Dollar Value: $22,000.00

REQUESTED ACTION: Approve

 

 

c)

Approval to purchase nine parcels in Festival Park – Parcel 75 (Block 3003, Lots 25 and 26), Parcel 133 (Block 3013, Lots 35 and 36), Parcel 149 (Block 3013, Lots 67 and 68), Parcel 165 (Block 3014, Lots 24 and 25), Parcel 166 (Block 3014, Lots 26 and 27), Parcel 168 (Block 3014, Lots 31 and 32), Parcel 299 (Block 3021, Lots 11 and 12), Parcel 329 (Block 3022, Lots 11 and 12), Parcel 341 (Block 3022, Lots 35 and 36) all within Unit 43, Cape Coral Subdivision for purchase prices totaling $50,750 plus negotiated attorney fees of $4,000 and estimated closing costs not to exceed $4,500.00, Financial Services / Real Estate Division, Dollar Value:  $59,250.00  REQUESTED ACTION: Approve

 

 

d)

Acceptance of Deed of Easement in portions of the Cape Coral/Lee County VA Outpatient Clinic property at the northwest corner of Diplomat Parkway and Corbett Road as required as part of the site plan for the VA Outpatient Clinic Project, Financial Services/Real Estate Division, Dollar Value:  N/A

REQUESTED ACTION: Approve

 

 

e)

Acceptance of the Warranty Deed from Cape Coral Development Associates, L.L.C., for 54,453 square feet of land for road right of way purposes at the northwestern portion of Strap #20-44-23-C3-00001.1020 (a future Phase of Sandoval S/D) and further described in the attached Exhibit A, to be used as public right of way as required by Ordinance 31-04, the PDP for Sandoval Subdivision (f/k/a Veteran’s Parkway West) project, Financial Services / Real Estate Division, Dollar Value: N/A

REQUESTED ACTION: Approve

 

 

f)

Acceptance of the Warranty Deed from Cape Coral Development Associates, L.L.C., for a strip of land 117 feet in width for road right of way purposes at the northern portion of Strap #20-44-23-C3-00001.1020 (a future Phase of Sandoval S/D) and further described in the attached Exhibit A, to be used as public right of way in the Pine Island Road Widening Project, Financial Services / Real Estate Division,  Dollar Value: N/A

REQUESTED ACTION: Approve

 

 

g)

Approval of Settlement Proposal for the eminent domain case of City of Cape Coral v. Equity One (Midpoint) Inc., et al., being Case Number 09-CA-005835 to resolve the acquisition of Santa Barbara Boulevard Widening Parcel #20 (aka a portion of Tract C, Midpoint Center S/D, Strap #35-44-23-C2-0010C.0000) for total land costs of $47,000, negotiated attorney fees of $22,458, negotiated expert fees and costs of $17,715 for a total settlement cost of $87,173, Financial Services / Real Estate Division, Dollar Value:  $51,373.00

REQUESTED ACTION: Approve

 

 

h)

Approval of road impact fee credits in the amount of $54,500.00 to the developer of “Sandoval” as stated in Ordinance 31-04.  

Public Works/P.W., Planning and Permitting Division, Dollar Value: $54,500.00

REQUESTED ACTION: Approve

 

 

i)

Authorization for the Mayor to execute a Quit Claim Deed separating a portion of the Four Freedoms Park parcel for the South Cape Beach at Four Freedoms Park Project.   Financial Services / Real Estate    Dollar Value:  $19.20 REQUESTED ACTION: Approve

 

 

C

PERSONNEL ACTIONS

 

1)

Request to reclassify one (1) Clerk position to a Customer Service Representative I position for the Parks and Recreation Department. REQUESTED ACTION: Approve

 

D

PETITIONS TO COUNCIL - (10 minutes per request)

 

1)

None.

 

E

APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS:

 

1)

None.

 

F

CITIZENS INPUT TIME - A maximum of 45 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual.

 

G

PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES:

 

1)

Ordinance 71-11

Sponsor: Councilmember McClain

Second Public Hearing Date set for Monday, February 6, 2012

 

WHAT THE ORDINANCE ACCOMPLISHES: An Ordinance deleting Automotive and Equipment Dealers as a Special Exception Use in the Pedestrian Commercial (C-1) District.

 

2)

*Ordinance 76-11 ZA 11-0017

Sponsor: Councilmember Carioscia

Final Public Hearing

REQUESTED ACTION: Approve or Deny

*Quasi-Judicial, All Persons Testifying Must be Sworn In.

 

WHAT THE ORDINANCE ACCOMPLISHES: An Ordinance rezoning property located at 801-809 Cape Coral Parkway West from Multi-Family Residential (R-3) to Pedestrian Commercial (C-1).

 

H

PUBLIC HEARINGS - ORDINANCES

 

1)

None.

 

I

PUBLIC INPUT - RESOLUTIONS

 

1)

Resolution 38-11

Sponsor: Councilmember Erbrick

Final Public Input Date

REQUESTED ACTION: Approve or Deny

 

WHAT THE RESOLUTION ACCOMPLISHES: A Resolution granting a Certificate of Public Convenience and Necessity to Lucila De La Cari Diaz d/b/a Yemaya Transport Corporation to operate a total of ten limousines or taxis within the City of Cape Coral.

 

2)

Resolution 40-11 VP 11-0005

Sponsor: Councilmember McClain

Final Public Input

REQUESTED ACTION: Approve or Deny

 

WHAT THE RESOLUTION ACCOMPLISHES: A Resolution providing for the vacation of plat for a street right-of-way being part of Cortez Court, located between 5360 and 5366 Cortez Court.

 

3)

Resolution 42-11

Sponsor: Councilmember Donnell

Final Public Input

REQUESTED ACTION: Approve or Deny

 

WHAT THE RESOLUTION ACCOMPLISHES: A Resolution supporting the development of Safe Routes to School sidewalk projects; approving the submission of one application to FDOT requesting Safe Routes to School funds; authorizing the allocation of local match funds if not provided by FDOT.

 

4)

Resolution 43-11

Sponsor: Mayor Sullivan

Final Public Input

REQUESTED ACTION: Approve or Deny

 

WHAT THE RESOLUTION ACCOMPLISHES: A Resolution supporting the development of Transportation Enhancement Projects; approving the submission of five applications to FDOT requesting Transportation Enhancement Funds; authorizing the allocation of local match funds if not provided by FDOT.

 

5)

Resolution 44-11

Sponsor: Councilmember Nesta

Final Public Input

REQUESTED ACTION: Approve or Deny

 

WHAT THE RESOLUTION ACCOMPLISHES: A Resolution accepting a proposal of Pinnacle Public Finance, Inc., to provide the City with a loan to refund the City's outstanding Special Obligation Revenue Note, Series 2009, and certain outstanding commercial paper obligations, the proceeds of which were used to finance and refinance the acquisition, construction and equipping of various capital improvements within the City; approving the form of a Loan Agreement; authorizing the issuance of a promissory note pursuant to such Loan Agreement in an amount not to exceed $18,000,000.

 

J

ADMINISTRATIVE / DISCUSSION ITEMS:

 

1)

Suggested Project Schedule for City Manager Selection - Councilmember McClain

 

K

REPORTS OF MAYOR AND COUNCIL MEMBERS

 

L

REPORTS OF CITY ATTORNEY AND CITY MANAGER

 

9.

Time and Place of Future Meetings:

 

A City Council Workshop Meeting is Scheduled for Monday

A

A City Council Workshop Meeting is Scheduled for Monday, January 30, 2012 at 4:30 PM in Council Chambers.

 

B

A Committee of the Whole Meeting is Scheduled for Wednesday, February 1, 2012 at 5:00 PM in Council Chambers

 

10.

Motion to Adjourn

 

This agenda should not be viewed as containing definitive information on matters of law with respect to ordinance and resolution summaries.

 

Generated 01/20/2012 8:45 AM

Text Box: *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. Text Box: 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 98, Comcast 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.