Mayor
Marni L. Sawicki
Council Members
District 1: James D. Burch
District 2: John M. Carioscia Sr.
District 3: Marilyn Stout
District 4: Richard Leon
District 5: Rana M. Erbrick
District 6: Richard Williams
District 7: Jessica Cosden

 
1015 Cultural Park Blvd.
Cape Coral, FL
City Manager
John Szerlag
City Attorney
Dolores Menendez
City Auditor
Margaret Krym
City Clerk
Rebecca van Deutekom

AGENDA FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL

 December 14, 20154:30 PM Council Chambers

PLEDGE OF CIVILITY

We will be respectful of each other even when we disagree.
We will direct all comments to the issues. We will avoid personal attacks.
VIDEO1.MEETING CALLED TO ORDER
VIDEOA.MAYOR SAWICKI
VIDEO2.INVOCATION/MOMENT OF SILENCE
VIDEOA.MAYOR SAWICKI
VIDEO3.PLEDGE OF ALLEGIANCE
VIDEO4.ROLL CALL
VIDEOA.MAYOR SAWICKI, COUNCIL MEMBERS BURCH, CARIOSCIA, COSDEN, ERBRICK, LEON, STOUT, WILLIAMS
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
VIDEO6.RECOGNITIONS/ACHIEVEMENTS
VIDEOA.Service Awards: 5 Years - Steven Griffin/CA, 10 Years - Tina Matta/Code/DCD, Michelle Dean/P&R, Iris Harder/Finance, 15 Years: Lora Greenwell/Fire Plans, 20 Years: Jon Kio/Utilities
VIDEO7.APPROVAL OF MINUTES
VIDEOA.Regular Meeting - November 23, 2015
VIDEOB.Regular Meeting - November 30, 2015
VIDEO8.BUSINESS
VIDEOA.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.
VIDEOB.CONSENT AGENDA
VIDEO(1)Resolution 205-15 Award Request for Proposal RFPFIN15-68/SH for Financial Advisory Services to RBC Capital Markets, LLC. at the proposed value range of bonds fee per $1,000 and authorize the City Manager to execute the contract and renewals. Department: Finance Dollar Value: est. $70,000 (Based on estimated issuance for FY 16 of $55 million for the City and $31 million for the Charter School) (Funding: N/A at this time. The cost of Financial Advisor Services are typically paid as part of the administrative costs associated with the individual financing / refinancing actions with which the firm might assist. The administrative costs are considered part of the issuance fees and paid from any resulting bond proceeds.)
VIDEO(2)Resolution 207-15, Approval of Contract for Purchase of Lots 7 and 8, Block 3644, Unit 48, Cape Coral Subdivision, 926 Embers Parkway West, for lift station purposes for the North 2 Utility Extension Project for a purchase price of $8,200 plus closing costs not to exceed $1,100. Department: Financial Services – Real Estate Dollar Value: $9,300.00 (Water and Sewer Fund)
VIDEO(3)Resolution 208-15, Approval of Contract for Purchase of Lots 9 and 10, Block 5343, Unit 58, Cape Coral Subdivision, 3310 SW 3rd Terrace, for lift station purposes for the North 2 Utility Extension Project for a purchase price of $18,900 plus closing costs not to exceed $1,400. Department: Financial Services – Real Estate Dollar Value: $20,300.00 (Water and Sewer Fund)
VIDEO(4)Resolution 209-15 Approval of Westin Conference Center Incentive Agreement (The paving will be added to the Annual Paving Plan for 2017 through Public Works) Department: City Manager/EDO Dollar Value: Up to $200,000 (Incentive Reserve Fund)
VIDEO(5)Resolution 210-15 Approval of MobilMAX USA, Inc. Incentive Agreement Department: City Manager/EDO Dollar Value: Up to $46,500 (Incentive Reserve Fund)
VIDEO(6)Resolution 211-15 Acceptance of Perpetual Public Utility Right of Access at 30 Hancock Bridge Parkway West (Block 6621, Tract B, Santa Barbara Center ~ Strap #14-44-23-C2-00721.B000) as required as part of the Santa Barbara Center – Tract B Site Plan Review (SP14-0013). Department: Financial Services / Real Estate Dollar Value: N/A
VIDEO(7)Resolution 212-15 Approval of PLAT15-0002 Cape Coral Marketplace Department: Planning Dollar Value: N/A (Fund: N/A)
VIDEOC.CITIZENS INPUT TIME
A maximum of 45 minutes is set for input of citizens on matters concerning the City Government to include Resolutions appearing in sections other than Consent Agenda or Public Hearing; 3 minutes per individual.
D.PERSONNEL ACTIONS
(1)NONE
E.PETITIONS TO COUNCIL
(1)NONE
VIDEOF.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
VIDEO(1)Audit Committee
VIDEO9.ORDINANCES/RESOLUTIONS
VIDEOA.Public Hearings
VIDEO(1)Ordinance 64-15 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: 

An ordinance adopting, by reference, Lee County's Animal Control Ordinance. 

The City’s animal control ordinance has mirrored the County’s.  This change does not create any conflicts but rather process efficiencies.    

 

VIDEOB.Introductions
VIDEO(1)Ordinance 58-15 LU15-0005 Set Public Hearing Date January 11, 2016

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the Future Land Use Map from Multi Family Residential (MF) to Commercial/Professional (CP) Land Use for property located at the southeast corner of the intersection of Kismet Parkway and Andalusia Boulevard.

VIDEO(2)Ordinance 57-15 ZA15-0007* Set Public Hearing Date January 11, 2016

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the Official Zoning Map by rezoning property located at the southeast corner of the intersection of Kismet Parkway and Andalusia Boulevard from Multi-Family Residential (R-3) to Pedestrian Commercial (C-1) zone.

VIDEO(3)Ordinance 62-15 Set Public Hearing Date January 25, 2016

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Use and Development Regulations, Article V, Supplementary Development Regulations, Section 5.6, Non-Residential Design Standards, by establishing regulations for roofs covering gas pumps.

VIDEO(4)Ordinance 63-15 Set Public Hearing Date January 25, 2016

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending LUDR Article V, Supplementary Development Regulations, Section 5.2, Landscaping, by establishing regulations for shrub height in non-residential and mixed-use development.

VIDEO(5)Ordinance 65-15 Set Public Hearing Date January 25, 2016

WHAT THE ORDINANCE ACCOMPLISHES: 

The ordinance amends Chapter 22, Stormwater Management Utility to establish a section entitled "Use of Master Stormwater Systems", and provides a definition of a Master Stormwater System.

VIDEO10.UNFINISHED BUSINESS
VIDEOA.Chiquita Boat Lock Removal Progress Report
11.NEW BUSINESS
VIDEOA.Resolution 194-15 Award Request for Proposal RFP-PW15-60/GL for the On-Site Turn-Key Vehicle and Equipment Parts Supply operation, to obtain vehicle and equipment repair parts, to Management Consulting, Inc. (Mancon), as the #1 ranked vendor on the competitive solicitation, at the fees stated in the proposal for the service and for the purchase of parts and supplies not exceeding budgetary limits per fiscal year and authorize the City Manager or Designee to execute the contract and any renewals. Department: Public Works/Fleet Dollar Value: estimated annual cost of $1,250,000 - $1,800,000 including parts, oil, grease, tires and outside services (Internal Service Funds)
VIDEOB.Species Management Group Update
VIDEOC.Resolution 133-15 Subsequent to the withdrawal of the bid protest against the Bid for the Galvanized Pipe Replacement Program 3A, in which Council on October 26, 2015 approved Staff to utilize the Division of Administrative Hearing (DOAH) for a review hearing, the process can continue. Award ITB-UT15-55/KR to Southwest Utility Systems, Inc. for the Galvanized Pipe Replacement Program 3A, as the lowest responsive, responsible bidder, in the amount of $1,478,050, with a City controlled 10% contingency of $147,805. Authorize the City Manager or designee to execute the contract for a total project amount of $1,625,855, Department: Utilities Dollar amount: $1,625,855 (Water & Sewer Fund)
VIDEOD.Resolution 183-15 Award ITB-UT15-77/KR to Andrew Sitework, LLC for the Galvanized Pipe Replacement Program 3B, as the lowest responsive, responsible bidder, in the amount of $1,671,152, with a City controlled 10% contingency of $167,115 and Authorize the City Manager or designee to execute the contract for a total project amount of $1,838,267 Department: Utilities Dollar Value: $1,838,267 (Water & Sewer Fund)
VIDEOE.Update on Water Quality - Mayor Sawicki
VIDEO12.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
VIDEO13.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEO14.TIME AND PLACE OF FUTURE MEETINGS
VIDEOA.A Regular Meeting of the Cape Coral City Council is Scheduled for Monday, January 11, 2016 at 4:30 p.m. in Council Chambers
VIDEO15.MOTION TO ADJOURN
GENERAL RULES AND PROCEDURES REGARDING 
THE CAPE CORAL CITY COUNCIL AGENDA 

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 meeting. If hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. 

Persons wishing to address Council under Citizens Input or the Consent Agenda may do so during the designated times at each meeting.  No prior scheduling is necessary.  All speakers must have their presentations approved by the City Clerk's office no later than 3:00 PM the day of the meeting. 

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. 

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 cents 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.

*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. 
   
 6.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.