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 L. Schwing City Attorney Dolores Menendez City Auditor Dona J. Newman City Clerk Bonnie Potter

AGENDA FOR THE CAPE CORAL CITY

COUNCIL WORKSHOP MEETING

Monday, December 07, 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.

1.	Meeting called to order by Mayor Sullivan

2.	Pledge of Allegiance to the Flag of the United States of America

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

4.	Employee Recognition

5.

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	REVIEW AND DISCUSSION OF CONSENT AGENDA:

1)

Minutes:

a)	Regular Council Meeting November 16, 2009

b)	Special Council Meeting November 23, 2009

2)	Procurement Items:

a)

None.

3)	Additional Consent Items:

a)

Motion to approve Change Order #2 to MWH America's Work Authorization W-4C, Southwest Reverse Osmosis Water Treatment Plant Minor Modifications, to close out the work authorization and purchase orders by de-obligating unexpended funds and authorize the City Manager to execute the change order, Public Works, Dollar Value: $710,571.31

b)	Motion to approve the Collective Bargaining Agreement between the City of Cape Coral and the Cape Coral Professional Firefighters, Local 2424 representing the Battalion Chiefs, Police Department, Dollar Value:  N/A

c)	Motion to approve the City of Cape Coral 2008-2009 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant, Department of Community Development, Dollar Value: N/A

d)

Motion to approve Settlement Proposal for the eminent domain case of City of Cape Coral v. Ronald J. Chismar,  et al., being Case Number 06-CA-005452 to resolve the acquisition of North Del Prado Widening Parcels #55 (aka Lots 1 and 2, Block 2092, Unit 31, Part 2 – 1115 Del Prado Boulevard North) for total land costs of $98,500 (requiring an additional land deposit of $38,500) plus statutory attorney fees $1,155 and negotiated expert costs in the amount of $2,300 for a total settlement cost of $101,955 for the North Del Prado Widening Project, Public Works/Real Estate, Dollar Value: $41,955.00

e)

Motion to approve Property Owner’s Proposal to settle expert costs in the eminent domain case of City of Cape Coral v. James E. Croley, III, et al., being Case Number 07-CA-010967, in an effort to resolve the acquisition of North Del Prado Widening Parcels #7 and 210 (aka Lots 31-33, Unit 31 and Lots 56-57, Unit 47 all within Block 2029 of Cape Coral Subdivision ~ 1035 Del Prado Blvd N. & 1020 NE 16th Pl) in the amount of $14,450, for the North Del Prado Widening Project, Public Works/Real Estate, Dollar Value: $14,450.00.

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

D	ADMINISTRATIVE DISCUSSION ITEMS:

1)	Discussion on KC's Riverstop RFP - Mayor Sullivan

2)	Discussion on Council Liaison for Census Bureau Committee - Mayor Sullivan

3)	Discussion on Transportation Capital Improvement Program - Steve Neff, Transportation Manager

4)	Discussion on stormwater exemptions - Mayor Sullivan

E	INTRODUCTION AND DISCUSSION ON ORDINANCES:

1)

None.

F	INTRODUCTION AND DISCUSSION ON RESOLUTIONS:

1)

RESOLUTION 75 – 09         A RESOLUTION OF NECESSITY AMENDING RESOLUTION 06-06, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN PROPERTIES IDENTIFIED AS PARCELS 12 AND 12A FOR THE PURPOSES OF WIDENING AND RECONSTRUCTING A SEGMENT OF SANTA BARBARA BOULEVARD INCLUDING INTERSECTION AND SIDE STREET IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY DONATION, PURCHASE, OR EMINENT DOMAIN; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Grill

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Amends Resolution 06-06 to separately identify a single project parcel described as Parcels #12 and 12-A, which was previously included in Resolution 06-06.

2)

RESOLUTION 76 – 09          A RESOLUTION OF NECESSITY AMENDING RESOLUTION 06-06, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN PROPERTY IDENTIFIED AS PARCEL 20 FOR THE PURPOSES OF WIDENING AND RECONSTRUCTING A SEGMENT OF SANTA BARBARA BOULEVARD INCLUDING INTERSECTION AND SIDE STREET IMPROVEMENTS AND AUTHORIZING THE CITY MANAGER TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY DONATION, PURCHASE, OR EMINENT DOMAIN; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Deile

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Amends Resolution 06-06 to separately identify a single project parcel described as Parcel #20, which was previously included in Resolution 06-06.

3)

RESOLUTION 77 – 09     A RESOLUTION OF NECESSITY AMENDING RESOLUTION 63-06, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN PROPERTY IDENTIFIED AS PARCEL 239 FOR THE PURPOSES OF WIDENING AND RECONSTRUCTING A SEGMENT OF THE DEL PRADO BOULEVARD CORRIDOR, INCLUDING INTERSECTION, SIDE STREET AND BRIDGE IMPROVEMENTS AND ESTABLISHING A LINEAR PARK SYSTEM FOR OPEN PARK SPACE WITH PEDESTRIAN AND BICYCLE PATHS; AUTHORIZING THE CITY MANAGER TO ACQUIRE FEE SIMPLE INTEREST IN THE PROPERTY BY DONATION, PURCHASE, OR EMINENT DOMAIN; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE FEE SIMPLE INTEREST IN THE PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Amends Resolution 63-06 to separately identify a single project parcel described as Parcel #239, which was previously included in Resolution 63-06.

4)

RESOLUTION 78 – 09      A RESOLUTION OF NECESSITY AMENDING RESOLUTION 63-06, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN PROPERTIES IDENTIFIED AS PARCELS 1, TCE-1, AND TCE-2, FOR THE PURPOSES OF WIDENING AND RECONSTRUCTING A SEGMENT OF THE DEL PRADO BOULEVARD CORRIDOR, INCLUDING INTERSECTION, SIDE STREET AND BRIDGE IMPROVEMENTS AND ESTABLISHING A LINEAR PARK SYSTEM FOR OPEN PARK SPACE WITH PEDESTRIAN AND BICYCLE PATHS; AUTHORIZING THE CITY MANAGER TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY DONATION, PURCHASE, OR EMINENT DOMAIN; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Amends Resolution 63-06 to separately identify a single project parcel described as Parcels #1, TCE-1 and TCE-2, which was previously included in Resolution 63-06.

5)

RESOLUTION  79 - 09 A RESOLUTION OF NECESSITY AMENDING RESOLUTION 11-08, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN PROPERTY IDENTIFIED AS PARCEL 46 FOR THE PURPOSE OF WIDENING AND RECONSTRUCTING A SEGMENT OF THE DEL PRADO BOULEVARD CORRIDOR, INCLUDING INTERSECTION IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY DONATION, PURCHASE, OR EMINENT DOMAIN; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTY BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Amends Resolution 11-08 to separately identify a single project parcel described as Parcel #46, which was previously included in Resolution 11-08.

6)

RESOLUTION 80 - 09 A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DELINQUENT PUBLIC NUISANCE ABATEMENT COSTS; PROVIDING FOR THE PRIORITY OF SAID LIENS; PROVIDING FOR A THIRTY DAY PREPAYMENT PERIOD PRIOR TO RECORDING OF THIS RESOLUTION; PROVIDING A LIMITATION PERIOD FOR CONTESTING THE LIEN; PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Provides for the imposition of liens against properties for delinquent public nuisance abatement costs.

7)

RESOLUTION 81-09 A RESOLUTION OF THE CITY OF CAPE CORAL, FLORIDA DESIGNATING THE CITY AS A RECOVERY ZONE FOR PURPOSES OF SECTIONS 1400U-1, 1400U-2 AND 1400U-3 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR ELIGIBLE ACTIVITIES/PROJECTS FOR RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS; PROVIDING FOR ELIGIBLE ACTIVITIES/PROJECTS FOR RECOVERY ZONE FACILITY BONDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Designates the City as a “Recovery Zone” for the purposes of issuing recovery zone bonds under the American Recovery and Reinvestment Act of 2009.

G	OTHER BUSINESS

6.	Time and Place of Next Meeting: The Next Regular City Council Meeting is Scheduled for Monday, December 14, 2009 at 4:30 PM in Council Chambers. The Strategic Planning Meeting of the City Council will be Scheduled for Friday, December 11, 2009 at 9:00 AM at the Hampton Inn & Suites.

7.	Motion to Adjourn

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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