MINUTES FOR THE REGULAR MEETING OF THE CAPE CORAL CITY COUNCIL MARCH 28, 2016

Transcription

1 MNUTES FOR THE REGULAR MEETNG OF THE CAPE CORAL CTY COUNCL VOLUME: LXX PAGE: 206 Council Chambers 4:30p.m. Meeting called to order by Mayor Sawicki at 4:30p.m. Moment of Silence - Councilmember Williams Pledge of Allegiance- Haley McKinnon from Gulf Elementary Roll Call: Mayor Sawicki, Council Members Burch, Carioscia, Cosden, Erbrick, Leon, Stout, and Williams were present. CHANGES TO AGENDA/ADOPTON OF AGENDA Mayor Sawicki requested the continuance of tem 8(B)(3) to the 4/11/2016 Council meeting. Councilmember Williams moved, seconded by Councilmember Erbrick to adopt the agenda, as amended. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted "aye." Eight "ayes." Motion carried 8-0. RECOGNTONS/ACHEVEMENTS Service Awards 10 Years David Hann, Finance/CBS Deputy Fire Chief Lamb presented recognition to Dr. Jesse Spearo- for earning a Ph.D. in Emergency Management. None. APPROVAL OF MNUTES No speakers. BUSNESS PUBLC COMMENT- CONSENT AGENDA CONSENT AGENDA 1) Approval of Engagement Letters with Smolker. Bartlett. Loeb. Hinds & Sheppard. P.A. and Policastro & LeRoux. P.A. for legal services in eminent domain matters Department City Attorney 2) Resolution Approve Contract Amendment #1 for Pre-Employment and Wellness Physicals with Life Extension Clinics. nc.. d/b/a Life Scan Wellness Centers to increase the annual contract amount to $150,000 which will include the Police Department Bi-Annual Physicals and Fire Department Pre-Employment at the unit prices contracted. not to exceed budgetary limits. through the contract term. plus any renewal periods and authorize the City Manager or designee to execute the contract amendment and any renewals. The original contract was approved on July 28, 2014 under Resolution for Fire Department Bi-Annual Physicals. Department Police Est. Dollar Value: $ annually (nternal Service Risk Management WC Fund)

2 VOLUME: LXX PAGE: 207 3) Resolution Authorizing the City Manager or his designee, as Project Manager. to apply for and administer a grant from the Florida Boating mprovement Program Councilmember Burch moved, seconded by Councilmember Stout to approve items 8(B)(1) and 8(B)(2), as presented. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted "aye." Eight "ayes." Motion carried 8-0. CTZENS NPUT TME Lynn Rosko stated there was a lack of transparency in the appointment to the architectural group; people were personally invited by Mayor Sawicki. LCEC presentation in reference to the current franchise agreement 3%. The new agreement has 6%. She inquired as to whether or not a correction had been sent to LCEC. She stated that if this is an error, it needs a correction with LCEC. Section 11 states that the City reserves the right to change the franchise fee every year with notice to LCEC. She requests it remain at 3% and not be changed every year. Lastly, she inquired as to a modular home ordinance from Jacksonville that she distributed on December 22. She has requested a response. Joe Lentini inquired as to a plan to put together dance events for young adults 18 to 21 year olds. Would like our City to approach a baseball team or college for our City. This would provide job opportunities for the young. Golf Course property please consider soccer golf for the schools, contact the Lee County School Board to start here in the City of Cape Coral on this property. Lastly, placed a complaint in reference to the excessive garbage on Cape Coral Parkway. Jerrold Owens discussed the LCEC news articles. Tom Riddy stated he delivered a letter to all of Council to pursue marina and dock space around the 7 slands. Expansion of one or more of the existing tidal creeks would create a new passage to Charlotte Harbor. He stated he would like the entire Council and the City Manager to respond to him. Heather Mazurkiewicz, founder of the Florida Cancer Presumption Coalition, stated 41,000 firefighters will be grandfathered in when this passes. She stated that is false. There are just under 24,000 firefighters employed in Florida. 70% are volunteers in Florida. They are not covered by this legislation. There will be a cost increase. The academies have added cancer to their curriculum on cancer support network. Please keep in mind that 38 states have already passed this legislation. Ann Carney stated she is an investor in Cape Coral. Three components were decided by the past leaders of this City: Yacht Club, Rose Garden/Rotary Park, and the Golf Club. She wants the South Cape to have places to breathe and walk. The Golf Club property is an area she would like revisited. Mayor Sawicki stated that she did not create a Modular Home or Architectural Design Standards Committee. The City Manager put together a stakeholder group together, not a Council committee. Councilmember Stout inquired with Heather Mazurkiewicz why was the bill not passed with all of its heavy hitters. Mrs. Mazurkiewicz stated it moved through the Senate, the bill never made it out of its first committee stop with the House of Representatives; it was very broad language. City Manager Szerlag spoke in reference to the Architectural Review Committee. He discussed his stakeholder engagement strategies that he uses from interested parties for advice and input. He worked with the Mayor to determine if a group should be appointed

3 VOLUME: LXX PAGE: 208 by Council, and it was decided against. n reference to the Architectural Review Committee, modular homes have to be regulated through architectural standards. The LCEC franchise agreement is still in negotiation stage; believes everything in the current proposed agreement will result in no rate changes. Parks & Recreation Director Pohlman discussed the next event planned at Sun Splash. Mayor Sawicki requested a list be distributed to all of Council of the attendees at the last stakeholder's group in reference to the architectural standards. Councilmember Burch discussed the comments in reference to the stakeholders meetings and LCEC franchise agreement. The 6% is an amount that is used by many cities in Florida. Bringing in a baseball team is major negotiations, all in favor for the Lee County area. As far as the colleges, we have a lot already in our area, keeping in mind a campus for Cape Coral in the future. Regarding Golf Club property soccer golf suggestion and other potential for the property, he is ready to negotiate with anyone to retain that course. n reference to Tom Riddy's question, this is quite complex. He does not have the details to answer this because much of what is in the question has not happened yet. n reference to Heather Mazurkiewicz, the City does not have the funds to support it. Please feel free to discuss this with him. The news editorials and articles are shockingly against LCEC. Councilmember Cosden requested the difference between Assessments and CAC fees. Assistant City Manager llczyszyn explained that an assessment is a specific funding source on how you can improve community infrastructure or provide services. CAC is a charge outside that assessment area where you can provide the same services; however, you have to have a policy and a fee structure to support those charges. Councilmember Stout brought in the articles from March 18th and the individual has 31 years with llinois Electric as a supervisor and manager; the other is March 25th and the individual has 29 years of utility electric experience. She stated copies were made for distribution to Council. PERSONNEL ACTONS 1) Continued from 3/21/2016, Resolution Approval of request to pay up to the third quartile of FY16 salary range for two (2) Professional Engineer -V positions in the Public Works Department- Department: HR Councilmember Williams moved, seconded by Councilmember Burch to approve Resolution 33-16, as presented. Councilmember Erbrick stated she was only in favor of approving the portion of the motion that was for the candidate with the conditional offer. Discussion held. Council polled as follows: Williams, Burch, Carioscia, Cosden, Sawicki, and Stout voted "aye." Erbrick and Leon voted "nay." Six "ayes." Two "nays." Motion carried ) Continued from 3/21/2016, Resolution Approval of request to pay up to the third quartile of FY16 salary range for the Fleet Manager position in the Public Works Department- Department: HR/PW Councilmember Burch moved, seconded by Councilmember Cosden to approve Resolution 34-16, as presented. Councilmember Erbrick is not in favor of approving the next two items without a candidate.

4 VOLUME: LXX PAGE: 209 Councilmember Stout requested clarification that this is for individuals that have not yet been interviewed. She also requested if this was in the 75th percentile discussed in the past. City Manager Szerlag explained that Council approved new ranges based on a recommendation from the outside consultant, Segal Waters. The ranges go from a minimum to a midpoint which is the 50 percentile up to a maximum of 100 percentile. The request is to go to the 3rd quartile of the individual range. Council adopted a range from the minimum to the maximum, he is requesting that they go to the 3rd quartile of the range. They do not have to go to the third quartile or even the midpoint. Council member Leon is not in favor of this. The Council has raised the pay ranges to be in line. City Manager Szerlag stated the ranges are adequate, discussed the inadequacy of only being able to offer up to the midpoint. Councilmember Williams stated he is looking to hire the best person you can get, in the pay range, not outside the pay range. He is not in favor of the City Manager having to come to Council each time to hire the best candidate. Would like the ordinances in place to be fixed for this problem. Requested a second to fix the ordinance, Mayor Sawicki seconded this. Councilmember Stout stated that Council has a fiduciary responsibility and does not mind looking at what would be above the midrange. n the early 90's the City Manager could not hire above the midpoint without Council approval. Would like Council discussion on going above the midpoint. Councilmember Leon would like the City Manager to provide Council with the original ordinance with Council minutes when it was passed to see the discussion and the reasons behind it and for it. He requested the job posting include what can be offered not the maximum. City Manager Szerlag stated he would provide that information. He noted that by advertising only to the midpoint, he expressed concerns with the caliber of the employee and explained that an entire tier level of applicant would not apply because of only showing the introduction to midpoint range. Councilmember Burch expressed his concern that we are negotiating this in the public. We have fixed the rates, have the evaluations in place, leadership can be monitored with performance levels being monitored. Council polled as follows: Williams, Burch, Carioscia, Cosden, Sawicki, and Stout voted "aye. 11 Erbrick and Leon voted "nay. 11 Six "ayes. 11 Two "nays. 11 Motion carried ) Resolution Contract Emergency Management Volunteer Coordinator Department: HR/Fire Councilmember Carioscia moved, seconded by Councilmember Williams to approve Resolution 40-16, as presented. Council polled as follows: Williams, Burch, Carioscia, Cosden, Leon, Sawicki, and Stout voted "aye. 11 Erbrick voted "nay. Seven "ayes. One "nay. Motion carried 7-1. None. PETTONS TO COUNCL

5 VOLUME: LXX PAGE: 210 None. APPONTMENTS TO BOARDS/COMMTTEES/COMMSSONS ORDNANCES/RESOLUTONS PUBLC HEARNGS Ordinance Public Hearing WHAT THE ORDNANCE ACCOMPLSHES: The ordinance extends until April 3, 2017 the pilot program that allows extended hours of operation for establishments that sell, serve, or permit consumption of alcoholic beverages. The hours of operation have been extended until 4:00a.m. on Saturday and Sunday mornings for establishments located in the South Cape district that meet the requirements set forth in the ordinance City Clerk van Deutekom read the title of the Ordinance. Police Chief Connelly presented an updated PowerPoint in reference to the ordinance titled Extended Bar Hours Program Evaluation - Final Presentation for City Council. Purpose and Scope Methodology Bar Activity Comparison- Calls for Service April to January 2014/2015 Bar Activity by Hour 2014 vs Examples of ntoxicated persons calls Examples of Disturbances and Battery Calls Examples of Disturbances and Battery Calls (cont.) Examples of Trespass ncidents Examples of Arrests mpact on Other Areas DU Enforcement Citywide South District Activity overview vs 2015 April1 51 to January Calls for Service South District Calls for Service South District (cont.) Calls for Service South District vs Rest of City Deputy Fire Chief Lamb discussed the following slide: Cape Coral Fire/EMS mpact Policy Chief Connelly continued with the presentation: Recommendations Should Program be Continued Current Model is Unsustainable Sustainable Model- discussed the necessity of hiring of 4 officers and 1 supervisor Duties and Responsibilities Costs Questions Police Officer Moll discussed the St. Pete model of after-hours program. Economic Development Director Brunett discussed the economic impacts of the Extended Bar Hours. Data Points shared included the following: According to information provided, sales are up in 2015 from 2014 by between 20 and 140% in South Cape At the two participating 4 a.m. venues sales are up an average of 23% Other South Cape businesses sales are up over 1 06% (these businesses do not participate in 4 a.m. hours)

6 VOLUME: LXX PAGE: 211 South Cape added 69 new businesses in 2015, the largest increase since the economic downturn. Businesses outside of South Cape are only up between 10 and 20% in 2015 over Lee County Sales Tax Receipts were up 11.4% over 2014 Director Brunett stated that this is creating an environment for people to come into our City and invest in our downtown. He stated that some businesses are coming specifically because of this program; establishments are now seeing full 2nd seatings; people are coming in over the bridges bringing in new money to our City; and the 4 a.m. pilot program was a contributing factor to the upturn in the downtown business. Public hearing opened. Joe Lentini stated he would agree with whatever the Police Chief recommends. nquired if all of the DU Statistics were from Cape Coral bars, how many underage people were at the bars, which bars had the most trouble from 2014 to 2015, and how much more trouble was it? Was the bike trouble on a bike path? How many keys did CCPD take away from people? How did they get home? Cab? Advisement to take cab for fear of being arrested. Who pays for the police officers? Does the citizen in their taxes? The bars? Mayor Sawicki left the dais at 5:59p.m. and returned at 6:02 p.m. Lynn Rosko stated that she is opposed to the continuation of the Extended Bar Hours continuation Ordinance. Would like some on the dais to recuse themselves if they have a family member working at one of these. Also stated that lots of campaign donations come from these business owners and campaign celebration events from the business owners. She discussed concern with emergency staff. Jerold Owens stated the contribution path records are on the City's website. He went around town and spoke to over 1 00 people and all were against it. Linda Jo Prince expressed her love for Cape Coral and the need for the proper tools to keep the citizens safe with the continuance of this pilot program. Lynn DeSoma, Bar Manager of the Dixie Road House, discussed the spark and how business was booming. Mona Lisa, Waffle House, and Big Blue are some new businesses that have come to the South Cape as a result. She discussed the $45,000 grant that the PO received to concentrate on drunk driving in our City. Our population is growing so the need for more officers is smart. She is in favor of the Ordinance with a continuation for at least one year and would like Council to consider the facts presented when making the decision. Betty Dill discussed the population growth over the past 36 years. She is in favor of the continuation Ordinance. Joyce Easton spoke last year in opposition of this Ordinance. She pointed out the increases in the disorderly violations and trespass violations. Officers are pulled from the other districts at closing time. f the Ordinance is passed, please take the Police Chief's recommendations. Dan Sheppard stated he is against the extended hours. The City selected to be in the bar businesses; this will give these 2 businesses special privileges that the other establishments do not receive. He stated his concern for the safety of his family when the officers leaving their territory to attend to extended bar hour calls. Graham Madison Morris discussed the history of the process. He would like more data collected to make a sound decision.

7 VOLUME: LXX PAGE: 212 Janis, SE Cape resident for over 40 years, stated she is in favor of the Ordinance. She volunteers with various organizations, and everyone that she has polled is in favor of the ordinance too. Joe Coviello stated he is in favor of the Ordinance, but is concerned about the Police officers being pulled from other neighborhood patrols to address late night complaints specific to the extended hours. He would like to know if the CRA can fund this, or is it only the General Fund. Ozzie Morwell with Mona Lisa restaurant stated he is in favor of the Ordinance. n the past, he would never have considered working in the Cape. Mona Lisa Restaurant is set to open across from the Dixie Roadhouse and will provide jobs. Paul Prince expressed his support for the Ordinance. Public hearing closed. Councilmember Carioscia moved, seconded by Councilmember Leon to adopt Ordinance as presented. Councilmember Burch requested a recess. Council recessed at 6:44 p.m. and reconvened at 7:00p.m. Discussion held in reference to the various slides presented. Mayor Sawicki stated that if Council votes in favor of this Ordinance with the requirement of the additional officers, the Ordinance should not be a one year continuation; it should be permanent. Councilmember Carioscia commended the Chief and his staff for the job they have accomplished with this pilot program. He addressed the public comments and the emphasis on the statistics; a 379% increase in intoxication is actually five arrests per month; calls for service 84 call increase; 8.4 calls a month which represents two calls more per night. He stated that the Police Chief explained that it is manageable and how to get it down. He is in favor of the Ordinance. Councilmember Burch discussed the data received. He does not compare Cape Coral with St. Petersburg. He reviewed the various slides and mentioned the increases in all of the categories. Council has received the data and the data says that we are now going to pay money for the program. His main concern is public safety. The charts suggest that the public safety has been impaired significantly since the last time we took the data. He is not in favor of the Ordinance. He requested that Council make a final decision this evening, not one year at a time. Councilmember Stout discussed the Bar Activity by Hour 2014 vs slide. She has heard repeatedly, that "nothing good happens after midnight." She was unsure if the increase of 69 businesses in the South Cape is a sign of recovery in our area or a result of the Entertainment District. She expressed appreciation to the bars for checking identification and stopping trouble makers from attending. Economic Development Director Brunett stated that he cannot answer that question; it is a contributing factor for certain. Councilmember Williams inquired in reference to the specifics for the "Calls for Service" statistics. He confirmed with the Police Chief that they have issues and calls for service. The issues are not a part of the statistics. Police Chief Connelly discussed the need for a police presence and the community policing aspect in the Entertainment District. He requires five officers present and will pay overtime if the Resolution is not approved to add the 5 officers.

8 VOLUME: LXX PAGE: 213 Councilmember Williams stated if this Ordinance is adopted, how much will the General Fund have to subsidize to pay for those officers excluding the 70% patrol time? Chief Connelly stated as the ordinance is written now, the bars will pay for the equivalent of the officers working from 12 midnight to 5 a.m. Friday and Saturday nights as they did last year which is approximately $21,000 year. He stated he did not reduce the number of hours; the officers will be at the bars from 11 to 5. City Manager Szerlag stated the total cost for four officers and one supervisor is approximately $392,000 per year; 30% of that would be patrol ($114,000). Deputy Financial Services Director Vavra stated in FY 2017 it will only be man hours at the 30% rate $117,750. He noted that we will not break even with the two bars of $21,000 each. He stated that a memo prepared by Finance Director Bateman noted the following can be used: reserves from the General Fund, CRA money, charge the establishments, and finally a combination of these. Councilmember Williams asked how much of the 30% is being covered by the bars' $42,000. City Manager Szerlag stated it would be about $80,000. Councilmember Erbrick stated she has a pros and cons list and neutral factors. There will be a cost to the residents but this is also because our population is growing. We have seasonal residents staying longer too. Pulling officers from other neighborhoods to police the closing hour is a concern. Only two bars use this permit. The spark, is it totally due to the extended hours, or is it the economy, combination of all, weighed against the cost. Councilmember Leon discussed the Purpose and Scope slide and the concept of the South Cape Entertainment District being a destination; it may cost money, but these businesses are moving into the Cape. The City needs commercial businesses in order to lessen the residents' tax burden. He is in favor of hiring the five officers. The current Ordinance is written as an extension not a final. f this passes, he would like to request that legal start working on the Ordinance for a final decision on this topic in the near future. He recommended Council use a portion of the $850,000 they have for special projects. Councilmember Burch discussed the employment rate and that our economy is in recovery. He stated that he was not in favor of using a portion of the $850,000 that Council has for special projects. Councilmember Cosden inquired into the hiring of the five officers and the use of five officers being paid overtime if the resolution is not approved. The tax payers will be paying for the officers either way. City Attorney Menendez explained the concept of approving the Ordinance for one year versus a permanent. She recommended that a completely new Ordinance be drawn because of several areas needing adjustments. Council could bring the item back to terminate the pilot portion in the future. Council polled as follows: Carioscia, Leon, and Sawicki voted ~~aye. 11 Williams, Burch, Cos den, Erbrick, and Stout voted ~~nay. 11 Three ~~ayes. 11 Five 11 nays. 11 Motion failed 3-5. Resolution Public nput WHAT THE RESOLUTON ACCOMPLSHES: The resolution approves the reinstatement of five regular full-time positions in the Police Department consisting of four (4) Police Officers and one (1) Police Sergeant. The additional positions increases the Full Time Equivalent (FTE) total by 5. City Clerk van Deutekom read the title of the Resolution. At the request of the City Manager, this Resolution was withdrawn.

9 VOLUME: LXX PAGE: 214 Ordinance 9-16 LU Final Public Hearing WHAT THE ORDNANCE ACCOMPLSHES: An ordinance amending the City of Cape Coral Comprehensive Plan by amending the Future Land Use Map from Single Family Residential (SF) to Multi-Family Residential (MF) land use for property located at 5104 Chiquita Boulevard and 5121 SW 16th Place. P&Z recommendation: At the March 2, 2016 meeting, the Planning and Zoning Commission/Local Planning Agency voted (7-0) to recommend approval of Ordinance There were three speakers during public hearing. Staff received two letters in opposition of this request. City Management Recommendation: As the proposed amendment to Multi-Family Residential is consistent with Policies 8.4 and 8.5 of the Future Land Use Element of the Comprehensive Plan, Planning Division staff recommends approval of the proposed small-scale future land use map amendment request. City Clerk van Deutekom read the title of the Ordinance. Planning Team Coordinator Daltry stated that the applicant had requested that the item has been continued until May 23, Public Hearing opened. Applicant confirmed the continuation to May 23, Councilmember Stout moved, seconded by Councilmember Erbrick to continue Ordinance 9-16 to May 23, Dan Sheppard stated that he was not in favor of the continuance. Public hearing closed. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted 11 aye. 11 Eight ~~ayes. 11 Motion carried 8-0. Ordinance ZA * Final Public Hearing *Quasi-Judicial, All Persons Testifying Must be Sworn n WHAT THE ORDNANCE ACCOMPLSHES: An ordinance amending the City of Cape Coral Official Zoning Map by rezoning property described as all of Blocks 5788, 5789, 5790, 5791, and 5792, Cape Coral Unit 88, as more particularly described, from Residential Development (RD) to nstitutional (NST) zone; property is located at 2101/2125 De Navarra Parkway. P&Z recommendation: At the March 2, 2016 meeting, the Planning and Zoning Commission/Local Planning Agency voted (7-0) to recommend approval of Ordinance There were no speakers during public hearing. Staff received no correspondence. City Management Recommendation: Staff recommends approval of this rezoning request. City Clerk van Deutekom read the title of the Ordinance. City Clerk van Deutekom administered the oath. Planning Team Coordinator Struve stated the subject property is owned by the Lee County School District Board and is the home of sland Coast High School. He explained

10 VOLUME: LXX PAGE: 215 that the applicant is requesting a rezoning of 52.7 acres from Residential Development (RD) to nstitutional (NST) zone. The applicant is seeking a rezoning to make the current zoning of the subject parcel conform to the Public Facilities Future Land Use Classification. He described the subject property, surrounding area on the proximity map, and displayed aerial photographs. He reviewed staff's analysis and stated staff recommended approval. Planning & Zoning Commission voted 7-0 to recommend approval of the Ordinance. Staff received no correspondence. Public hearing opened. Mary Solik, authorized representative for the applicant, stated she was available for questions and rebuttal from any comments. Public hearing closed. Councilmember Carioscia moved, seconded by Councilmember Burch to adopt Ordinance as presented. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted ~~aye." Eight ~~ayes." Motion carried 8-0. Resolution Public nput WHAT THE RESOLUTON ACCOMPLSHES: A resolution of the City of Cape Coral, adopting the "City of Cape Coral Water, Wastewater, and rrigation Facilities Planning Update" as the planning document for developing the City's water, wastewater and irrigation system improvements for the North 1 and North 2 Utilities Extension Projects, and committing to implement the planning recommendations contained therein; authorizing the State Revolving Funds Loan application for the North 2 Extension Area; authorizing the City Manager or his designee to execute all documents necessary to meet the requirements for application for the State Revolving Funds Loan; providing an effective date. 1 City Clerk van Deutekom read the title of the Resolution. Utilities Extension Manager Clinghan discussed the Resolution for the City of Cape Coral Facilities Planning Update for the North 1 and North 2 UEP Areas. He stated the project is to extend water, sewer, and irrigation to the North 1 and North 2 UEP areas. The purpose for the project is: in a pre-platted community having a septic system and a private well on a property that is 10,000 square feet of land, potentially in the future as the North develops, could be a public health concern; an additional concern is failing septic systems that could impact the canals with nitrogen and phosphorus. He continued the discussion with the cost of the project. The cost of the North 2 Clean Water SRF loan which includes the waste water and the storm water will be approximately $95 million. The Drinking Water SRF loan which includes the potable water and irrigation will be approximately $105 million, for a total cost of $200 million. The cost for the North 1 Clean Water SRF loan which again includes the waste water and the storm water will be approximately $80 million; the drinking water that includes the potable and irrigation will be approximately $70 million, for a total of $150 million. Financing for the projects will be through the assessment and CFEC. There will not be any increase to the user rates for water, sewer, and irrigation. As a final, he confirmed with the City Clerk that there have been no written public comments. Public nput opened. No speakers. Public nput closed. Counci/member Williams moved, seconded by Councilmember Leon to approve Resolution as presented.

11 VOLUME: LXX PAGE: 216 Councilmember Williams inquired as to the final costs available and the cable undergrounding. UEP Director Clinghan explained these figures were an estimate. Assistant City Manager llczyszyn addressed the underground of electrical distribution facilities, we would work with our outside bonding counsel to actually go ahead and secure another debt issuance for that which would be separate. This estimate was only for clean water and waste water. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted "aye. 11 Eight "ayes. 11 Motion carried 8-0. Resolution Public nput WHAT THE RESOLUTON ACCOMPLSHES: A resolution declaring a reasonable necessity to acquire a fee simple interest in certain property located at the northeast intersection of SW 19th Avenue and SW 6th Street for the purpose of construction a lift station (Lift Station #613) for the support of the wastewater collection system within the North 2 Utility Extension Project area; authorizing the City Manager to acquire a fee simple interest in the property by donation or purchase if possible; authorizing the City Attorney to acquire a fee simple interest in the property by the institution of proceedings in eminent domain. City Clerk van Deutekom read the title of the Resolution. Property Broker Andrews explained the purpose of the Resolution was to obtain lift station sites for the North 2 project as well as the next two resolutions. Public nput opened. No speakers. Public input closed. Councilmember Burch moved, seconded by Councilmember Stout to approve Resolution as presented. Councilmember Williams inquired as to whether or not staff attempted a trade. Staff responded that the applicant looked at the list and did not respond; they needed to move forward and the need to go out to bid. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted ~~aye. 11 Eight "ayes. 11 Motion carried 8-0. Resolution Public nput WHAT THE RESOLUTON ACCOMPLSHES: A resolution declaring a reasonable necessity to acquire a fee simple interest in certain property located at the northeast intersection of Chiquita Boulevard North and Northwest 4th Street for the purpose of construction a lift station (Lift Station #616) for the support of the wastewater collection system within the North 2 Utility Extension Project area; authorizing the City Manager to acquire a fee simple interest in the property by donation or purchase if possible; authorizing the City Attorney to acquire a fee simple interest in the property by the institution of proceedings in eminent domain. City Clerk van Deutekom read the title of the Resolution. Property Broker Andrews stated the purpose of the Resolution was for the purchase of a lift Station for the North 2 UEP. No contact has been made with the property owner after several attempts.

12 VOLUME: LXX PAGE: 217 Public input opened. No speakers. Public input closed. Councilmember Cosden moved, seconded by Councilmember Stout to approve Resolution as presented. Council polled as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted "aye. 11 Eight "ayes. 11 Motion carried 8-0. Resolution Public nput WHAT THE RESOLUTON ACCOMPLSHES: A resolution declaring a reasonable necessity to acquire a fee simple interest in certain property located at the southwest intersection of NE Juanita Place and NE 3rd Lane for the purpose of construction a lift station (Lift Station #621) for the support of the wastewater collection system within the North 2 Utility Extension Project area; authorizing the City Manager to acquire a fee simple interest in the property by donation or purchase if possible; authorizing the City Attorney to acquire a fee simple interest in the property by the institution of proceedings in eminent domain. City Clerk van Deutekom read the title of the Resolution. Property Broker Andrews stated the purpose of the Resolution was for the purchase of a lift Station for the North 2 UEP. No contact has been made with the property owner after several attempts for a trade; at settlement this trade option will be brought up. Public input opened. No speakers. Public input closed. Councilmember Williams moved, seconded by Councilmember Leon to approve Resolution as presented. Council pol{ed as follows: Williams, Burch, Carioscia, Cosden, Erbrick, Leon, Sawicki, and Stout voted "aye. 11 Eight "ayes. 11 Motion carried 8-0. None. NTRODUCTONS UNFNSHED BUSNESS Water Quality Councilmember Burch requested Phil Flood from the South Florida Water Management District to come to a future meeting about the water coming down from the Kissimmee. Legislative ssues Mayor Sawicki stated our lobbyists are talking about coming on April 11 to give us an update on the session. LCEC Update Assistant City Manager llczyszyn offered to move his presentation to next week.

13 VOLUME: LXX PAGE: 218 Councilmember Stout stated that she received an last week in appreciation of her comments. She was not sure why this person brought up the term MEU and was not clear why. Also comments were made to her from several City employees believing this was the right time to buy LCEC. She felt it was the direction because if we were really on a dual tract we could have last year responded instead of waiting until this year in March. We received the boiler plate franchise agreement in March 2015; there was no additional information in March She felt this should have been done 6, 8, or 10 months ago as far as a response to that boiler plate contract. None. NEW BUSNESS REPORTS OF THE MAYOR AND COUNCL MEMBERS Councilmember Williams - No report. Councilmember Burch - FGUA injection well presentation in North Fort Myers Councilmember Carioscia - No report. Councilmember Cosden- Requested a Resolution showing non-support of the bear hunt. Received a second from Councilmember Burch. Councilmember Erbrick - Public Hearing for a grant-lake Saratoga Park mprovements Councilmember Leon - No report. Councilmember Stout- FGUA Presentation; Attended PACE Mayor Sawicki - No report. REPORTS OF THE CTY ATTORNEY AND CTY MANAGER City Attorney - No report. City Manager- No report. TME AND PLACE OF FUTURE MEETNGS A regular meeting of the Cape Coral City Council was scheduled for Monday, April 4, 2016 at 4:30p.m. in Council Chambers A Council Office Meeting was scheduled for Wednesday, April 6, 2016 at 2:00p.m. in the Council Office A Committee of the Whole Meeting was scheduled for Wednesday, April 6, 2016 at 4:30 p.m. in Council Chambers MOTON TO ADJOURN There being no further business, the meeting adjourned at 9:00 p.m..-- S~mitted by, ~~ 1 /J--- '-~U4 \/&YJ ~~ Rebecca van Deutekom, MMC City Clerk