Mayor/Council Members

John J. Sullivan, Mayor

Kenneth(Marty)McClain, District 1

Peter Brandt, District 2

William Deile, District 3

Chris Chulakes-Leetz, District 4

Eric Grill, District 5

Kevin McGrail, District 6

Derrick Donnell, Ed.D. District 7

 

1015 Cultural Park Blvd.

Cape Coral, FL

Interim City Manager

Carl Schwing

City Attorney

Dolores Menendez

City Auditor

Dona Newman

City Clerk

Bonnie Potter

 

 

AGENDA FOR THE REGULAR MEETING OF THE

CAPE CORAL CITY COUNCIL

 

Monday, November 16, 2009

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.            

1.

Meeting called to order by Mayor Sullivan

 

2.

Invocation - Councilmember Brandt

 

3.

Pledge of Allegiance to the Flag of the United States of America LED BY BRAYLEIGH STAUFFER FROM OASIS CHARTER ELEMENTARY SCHOOL

 

4.

ROLL CALL; Mayor Sullivan, Council Members Chulakes-Leetz, Deile, Donnell, Grill, McClain, McGrail and Brandt

 

5.

Changes to the Agenda/Adoption of Agenda – APPROVED WITH CONSENT ITEM 3 (e) WITHDRAWN AND CONSENT ITEM 2 (b) AMENDED

 

6.

Employee Recognition

 

7.

BUSINESS:

 

 

A

PUBLIC COMMENT - CONSENT AGENDA - A maximum of 30 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual – 4 SPEAKERS

 

B

CONSENT AGENDA

 

1)

Approval of Minutes:

 

a)

None.

 

 

2)

Procurement Items:

 

a)

Motion to approve piggybacking City of Ft. Myers bid #04/09/09-Bid PW for Aluminum Sulfate renewed with General Chemical at the unit price of $345 per dry ton, for an estimated total of $103,500 annually, for the remainder of the current period through August 3, 2010, plus any additional renewal period through August 3, 2011.   Public Works, Annual Estimated Dollar Value:  $103,500 - APPROVED

 

 

 

b)

Motion to approve the purchase of one Toro Groundsmaster 4500-D mower ($49,239.24), one Toro Sand Pro Groomer ($14,696.13) and one Toro Workman utility vehicle ($15,495.06) by utilizing Florida State Contract #515-630-06-1 for a total cost of $79,430.43.   Parks and Recreation, Dollar Value:  $79,430.43 – AMENDED TO TOTAL $30,000 WITH THE REMOVAL OF THE TORO GROUNDMASTER 4500-D MOWER

 

 

 

c)

Motion to approve renewal of bid #ITB-PW111308-07 to all 10 bidders for Construction of Curbing, Sidewalks, Handicap Ramps, etc., for one year December 8, 2009 through December 7, 2010.   Public Works, Dollar Value:  N/A - WITHDRAWN 

 

 

 

d)

Motion to approve contract with Metric Engineering, Inc., for a Traffic Signalization Timing Study funded by pre-approved FDOT funds and 6 cent gas tax, for a total negotiated amount of $73,141.50.    Public Works, Dollar Value:  $73,141.50  - APPROVED

 

 

 

3)

Additional Consent Items

 

a)

Motion to accept a $1,500.00 community grant from Wal-Mart issued to the City of Cape Coral Fire Department.      Fire Department, Dollar Value:  $1,500.00 - APPROVED

 

 

b)

Motion to approve the subrecipient agreement for the Florida Homebuyer Opportunity Program (FLHOP) between the City of Cape Coral and Cape Coral Housing Development Corporation.     Department of Community Development, Dollar Value:  N/A - APPROVED

 

 

c)

Motion to approve the Rotary Club of Cape Coral Inc. donation of four (4) event tents to the City of Cape Coral Parks and Recreation Department valued at $5,200.    Parks and Recreation, Dollar Value:  $5,200.00 - APPROVED

 

 

d)

Motion to approve Settlement Proposal 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 Parcels #130, 131 and 132 (aka Lots 37-42, Block 2125, Unit 32 – 2000, 2004 and 2008 Del Prado Boulevard North) for total land costs of $277,500 (requiring an additional land deposit of $97,500), plus statutory attorney fees $2,475 and negotiated expert costs in the amount of $9,360 for a total settlement cost of $289,335, Public Works./Real Estate, Dollar Value: $109,335.00 - APPROVED

 

 

e)

Motion to approve Settlement Proposal for the eminent domain case of City of Cape Coral v. Birchwood International, Inc., et al., being Case Number 07-CA-001309 to resolve the acquisition of North Del Prado Widening Parcels #155 and 165 (aka Lots 1 through 8, Block 2180, Unit 33 – 2001 and 2009 Del Prado Boulevard North) for total land costs of $519,000 (requiring an additional land deposit of $279,000), plus statutory attorney fees $52,470 and negotiated expert costs in the amount of $15,400 for a total settlement cost of $586,870. Public Works/Real Estate, Dollar Value: $346,870.00- WITHDRAWN

 

 

f)

Motion to approve Relocation Agreement with Lee County Electric Cooperative, Inc. ("LCEC") for the relocation of electrical distribution facilities equipment located near, in, over and along the intersections of Santa Barbara Boulevard and Kamal Parkway, SE 24th Street, Trafalgar Parkway and Veterans Parkway.  Public Works/Transportation, Dollar Value:  $182,746.94 - APPROVED

 

 

g)

Motion to approve the updated interlocal agreement for the creation of the Metropolitan Planning Organization (MPO).  Public Works, Dollar Value:  N/A - APPROVED

 

 

C

PERSONNEL ACTIONS

 

1)

None.

 

D

PETITIONS TO COUNCIL - (10 minutes per request)

 

1)

None.

 

E

APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS:

 

1)

Appoint one member from Council and one alternate member to the Southwest Florida Regional Planning Council - City Clerk - APPOINTED MAYOR SULLIVAN, ALTERNATE COUNCIL MEMBER MCCLAIN

 

2)

Appoint one member from Council and one alternate member to the Horizon Council - City Clerk - APPOINTED COUNCIL MEMBER MCCLAIN, ALTERNATE COUNCIL MEMBER CHULAKES-LEETZ

 

3)

Appoint one member from Council and one alternate member to the Lee County Transit Authority - City Clerk - APPOINTED COUNCIL MEMBER GRILL, ALTERNATE COUNCIL MEMBER CHULAKES-LEETZ

 

METROPOLITAN PLANNING ORGANIZATION APPOINTED COUNCIL MEMBER MCGRAIL, ALTERNATE COUNCIL MEMBER GRILL

 

TRANSPORTATION ADVISORY COMMITTEE APPOINTED COUNCIL MEMBER MCGRAIL, ALTERNATE COUNCIL MEMBER GRILL

 

 

PLANNING AND ZONING COMMISSION APPOINTED COUNCIL MEMBER CHULAKES-LEETZ  AS LIAISON

 

F

CITIZENS INPUT TIME - A maximum of 30 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual. (If this Item is Not Reached by 6:30 P.M. it will be Elevated to Next on the Agenda.) – 11 SPEAKERS

 

G

ADMINISTRATIVE / DISCUSSION ITEMS:

 

1)

Review Council Meeting Schedule- Councilmember Brandt-INCREASE PUBLIC INPUT ON CONSENT ITEMS AND CITIZENS INPUT TIME TO 45 MINUTES, ADD PUBLIC INPUT AND CITIZENS INPUT TO WORKSHOPS, ADOPTED THE PROPOSED COUNCIL MEETING SCHEDULE.

 

2)

Begin Searching for a new City Manager - Councilmember Council Member Brandt  - HUMAN RESOURCES TO RESEARCH THE PROCESS

 

H

PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES:

 

1)

None.

 

I

PUBLIC HEARINGS - ORDINANCES

 

1)

ORDINANCE 58 – 09 - APPROVED

ZA 07-00500013  AN ORDINANCE AMENDING THE CITY OF CAPE CORAL OFFICIAL ZONING DISTRICT MAP OF ALL PROPERTY WITHIN THE LIMITS OF THE CITY OF CAPE CORAL BY REZONING PROPERTY DESCRIBED AS LOTS 10 AND 11, BLOCK 1155, CAPE CORAL UNIT 23, FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PROFESSIONAL OFFICE (P-1) ZONE; PROPERTY IS LOCATED AT 711 CULTURAL PARK BOULEVARD SOUTH; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

 

SPONSOR: Councilmember McGrail

 

ACTION REQUESTED: Final Public Hearing

 

WHAT THE ORDINANCE ACCOMPLISHES: Rezoning from Multi-Family Residential (R-3) to Professional Office (P-1).  Property is located at 711 Cultural Park Boulevard South.

 

J

PUBLIC INPUT - RESOLUTIONS

 

1)

None.

 

K

REPORTS OF MAYOR AND COUNCIL MEMBERS

 

 

COUNCIL MEMBER BRANDT – INVITED OTHERS TO PROVIDE ADDITIONAL INFORMATION ON SEARCH FOR CITY MANAGER.  REQUESTED THE ITEM BE PLACED ON THE JANUARY 11TH MEETING FOR DISCUSSION.  HE ANNOUNCED HIS TOWN HALL MEETING IS SCHEDULED FOR  12/19/09 AT 10:00 AM AT THE CAPE CORAL PUBLIC LIBRARY.

COUNCIL MEMBER CHULAKES-LEETZ – NO REPORT

COUNCIL MEMBER DEILE – NO REPORT

COUNCIL MEMBER DONNELL – CONGRATULATED THE NEW COUNCIL MEMBERS AND NOTED HE WAS LOOKING FORWARD TO WORKING WITH THEM.  HE THANKED EVERYONE FOR THEIR PRAYERS WHILE HE WAS SICK.

COUNCIL MEMBER GRILL – ATTENDED THE COCONUT FESTIVAL, NOTING THE SATURDAY NIGHT CONCERT BROUGHT IN A HUGE CROWD, ADDING THAT THE FIRE WORKS WERE EXCELLENT.  HE CONGRATULATED POLICE, FIRE, AND PARKS AND RECREATION, WITH SPECIAL THANKS TO TODD KING.  HE ALSO COMMENDED SERGEANT PERRIN FOR DOING AN EXCELLENT JOB.

COUNCIL MEMBER MCCLAIN – ATTENDED THE COCONUT FESTIVAL STATING HE HAD A GOOD TIME.  HE CONGRATULATED PARKS AND RECREATION. HE THANKED ALL THOSE WHO SUPPORTED HIM DURING THE ELECTION.

COUNCIL MEMBER MCGRAIL – ATTENDED THE RIBBON CUTTING CEREMONY AT TARPON POINT. HE ENCOURAGED EVERYONE TO VISIT THE MARINA VILLAGE, NOTING THE FACILITY WAS GREAT. HE COMPLIMENTED ALL THOSE WORKING IN CODE, WITH SPECIAL THANKS TO FRANK CASSIDY AND RAY NICHOLSON FOR THEIR EFFORTS TO REMOVE BLIGHT IN THE CAPE.

MAYOR SULLIVAN – ATTENDED THE COCONUT FESTIVAL AND HAD A GOOD TIME.

COUNCIL MEMBER BRANDT NOTED THE NORTH SPREADER ECOLOGICAL MANAGEMENT MEETING WAS CANCELLED TODAY BECAUSE THEY NEEDED MORE TIME TO FINALIZE THE FERTILIZER ORDINANCE. HE NOTED THEY WERE EXPECTING TO HAVE SOMETHING READY BY MID DECEMBER.  HE STATED THEY WERE PLANNING A PRESENTATION TO COUNCIL ON DECEMBER 7TH.

L

REPORTS OF CITY ATTORNEY AND CITY MANAGER

 

CITY ATTORNEY MENENDEZ – COUNCIL APPROVED  AN ATTORNEY CLIENT SESSION FOR NOVEMBER 23, 2009 AT 3:30 PM. 

INTERIM CITY MANAGER SCHWING – ASKED IF EVERYONE AGREED WITH THE LEGISLATIVE PLATFORM.  THERE WERE NO OBJECTIONS. ATTENDED THE COCONUT FESTIVAL, STATING STAFF DID A GREAT JOB AND THAT IT WAS A VERY POSITIVE EVENT.  ATTENDED THE VETERANS DAY PARADE, NOTING IT WAS A VERY NICE EVENT.

8.

Time and Place of Next Meeting:

 

The Next Cape Coral City Council Workshop Meeting is Scheduled for Monday, November 23, 2009 at 4:30 PM in Council Chambers

 

9.

Motion to Adjourn –        8:25  PM

 

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.

 

Generated 11/12/2009 10:34 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.