AGENDA FOR THE REGULAR MEETING OF THE

AGENDA FOR THE REGULAR MEETING OF THE

CAPE CORAL CITY COUNCIL

Monday, November 13, 2006

COUNCIL CHAMBERS 5:30 PM

1 Meeting called to order by Mayor Feichthaler

2 Invocation - Council Member Hair

3 Pledge of Allegiance to the Flag of the United States of America Led by
CHANDLER SEMRICK, Skyline Elementary School

4 ROLL CALL: Mayor Feichthaler, Council Members Rosado, Stevens, Bertolini, Boyd, Day, Hair and LePera

5 Adoption of Agenda

Motion made to adopt the Agenda as presented. made by Rosado and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

6 Employee Recognition

Minutes: Darrell --------, Fire Department; 5:32 PM

Minutes: Steve Johnson, Public Works Services; 5:33 PM

Minutes: Janet Wilhelm, Public Works Services - 10 year award; 5:34 PM

Minutes: Walter Ilchisilm ck), Public Works - 15 year award (ck); 5:36 PM

Minutes: Tom Fiack, Public, etc. - 25 year award ; 5:39 PM

Minutes: James Washington, Sr.,Public Works Collection & Distribution - 25 year award ; 5:43 PM

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

Minutes: Add speakers here.; 5:29 PM

Minutes: Add speakers here.; 5:49 PM

Minutes: Council Memer.2a,b, and 3i pulled.; 5:50 PM

Motion made to PUBLIC COMMENT - CONSENT AGENDA made by Boyd and seconded by Bertolini

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

Motion made to to approve Items 2a and b on the Consent Agenda. CHECK made by Day and seconded by Rosado

Failed For: 0; Against: 2; Abstain: 0; Absent: 6

Minutes: 23.30 - check - missed motion.; 5:54 PM

B. CONSENT AGENDA

Motion made to Approve CONSENT AGENDA Item 2 a, b, c, d, e, f, g, h, 3 a, b, c, d, e, f, g, h, i, ,j, k, l, m.

made by Rosado and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

1) APPROVAL OF MINUTES: None.

2) Procurement Items:

a) MWH Americas Work Authorization (WA) IRR-4 Irrigation Water Hydraulic Model Applications, Public Works, Dollar Value: $410,009.00 plus Program Management Fees of $14,350.00, for a Total Amount of $424,359.00, MWH AMERICAS

b) MWH Americas Work Authorization (WA) W-14 Potable Water Hydraulic Model Applications, Public Works, Dollar Value: $281,219.00 Plus Program Management Fees of $9,843.00, for a Total Amount of $291,062.00, MWH AMERICAS

c) Auction of City Surplus Vehicles and Equipment, Financial Services, Dollar Value: N/A, GOVDEALS.COM

d) Seal Coat and Restripe Existing Pavement for the City Hall Parking Lot, Public Works, Dollar Value: $26,553.20 Plus Contingency in the Amount of $2,655.32, for a Total of $29,208.52, COUGAR CONTRACTING SPECIALTIES, INC.

e) Laboratory Services, Public Works, Estimated Annual Dollar Value: Estimated Annual Amount of $24,000.00, SANDERS LABORATORIES

f) Children's Fire Safety Video, Fire Department, Dollar Value: $30,000.00, 1 PRO MEDIA

g) Bid Award for the Purchase of Quicklime for Water Reclamation, Public Works, Dollar Value: Estimated Annual Expenditure of $343,000.00, CARMEUSE LIME SALES CORPORATION

h) Purchase of Police Boat , Police Department, Dollar Value: $23,772.00, SAN CARLOS MARINE OF FT. MYERS

3) Additional Consent Items

a) GameTime Playground Equipment, Fight Obesity Through Play Grant, Dollar Value: $448,200.00, GAMETIME PLAYGROUND EQUIPMENT

b) Acceptance of a Sub-Grant Agreement from the Florida Department of Highway Safety (FDHS) for DUI Enforcement Activities, Police Department, Dollar Value: $18,000.00

c) Approval of Contract for Purchase of an Oversize, Canal Front Parcel, Lot 16, Block 4046, Unit 56, Cape Coral Subdivision, 2500 NW 11th Terrace, Cape Coral, Florida. (Public Works – Governmental Boat Ramp) Dollar Value: $70,000.00

d) Motion to Approve Florida League of Cities, Florida League of Mayors, Annual Membership Dues, (Mayor Feichthaler), Dollar Value: $1,000.00

e) Rejection of Seller’s Counter Offer to Contract for Purchase of Lots 32 and 33, Block 2092, Unit 31 Part 2, Cape Coral Subdivision, 1305 Del Prado Boulevard North, Cape Coral, Florida. (Public Works – North Del Prado Improvement Project) Dollar Value: N/A

f) Acceptance of a Permanent Easement for Public Utility, Drainage and Ingress/Egress Purposes in a Portion of Lots 39 Through 42, Block 2102, Unit 32 Cape Coral Subdivision as Required as Part of the Domino’s Plaza Site Plan Review. (Public Works – Real Estate), Dollar Value: N/A

g) Acceptance of a Permanent Easement for Public Utility, Drainage and Ingress/Egress Purposes in a Portion of Lots 1 Through 5, Block 2102, Unit 32 Cape Coral Subdivision as Required as Part of the Domino’s Plaza Site Plan Review, (Public Works - Real Estate), Dollar Value: N/A

h) Approval of Real Estate Purchase Option Agreement Between William K. and Cheryl A. Maymon and the City of Cape Coral, for a Portion of 32-43-23-C2-00004-0000 for Right-of-Way Purposes, More Particularly Described as the East 50.00 feet of the East One Half of the North One Half of the Northeast One Quarter of the Northeast One Quarter of Section 32, Township 43 South, Range 23 East. (Public Works – El Dorado Blvd. Right-of-Way), Dollar Value: $76,000.00

i) Approval of Settlement Guidelines for Condemnation Properties Included in the ASR Well Sites, Jacaranda/NE 16th Avenue Extension, North Del Prado Boulevard Improvement Project, North Well Sites, Public Safety Building and Santa Barbara Widening Eminent Domain Proceedings and Authorize the City Manager, or his Designee, to Negotiate and Agree to Settlements that are Within those Guidelines. (Public Works - Real Estate), Dollar Value: N/A

j) Approval of New Counter-Offer Contract for Purchase of a Vacant Waterfront Site, Lots 15 and 16, Block 1921, Unit 28, Cape Coral Subdivision, 529 SW 13th Street, Cape Coral, Florida. (DCD – Eagle Nest), Dollar Value: $90,000.00.

k) Additional Funding for Continued Representation, by Policastro & LeRoux, P.A., in the Eminent Domain Proceedings for the North Del Prado Boulevard Improvement Project. (Public Works - Real Estate) Dollar Value: $100,000.00

l) Approval of Temporary Permissive Use License Agreement, the Westerly 60‘ of the Academic Village Site, a Portion of Strap 30-43-24-C3-00005-0000, Cape Coral, Florida (Public Works - Real Estate), Dollar Value: N/A

m) Acceptance of Quit Claim Deed from the School Board of Lee County, Florida for Land for Right of Way Purposes at the Westerly Portion of Cape Coral High School. (Public Works – Real Estate), Dollar Value: N/A

C. PERSONNEL ACTIONS

1) None

D. PETITIONS TO COUNCIL - (10 minutes per request)

1) None

E. PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES:

Minutes: City Clerk Vent read the title of the Ordinance.; 5:56 PM

Minutes: Planner DeManche stated that the applicant?s request was for a rezoning from Residential Development District (RD) to Corridor District (CORR). He described the subject property and the surrounding area on the proximity map. He reviewed staff?s analysis and stated that staff recommended approval of the request. She read into the record the Planning and Zoning Commission's unanimous recommendation for approval.; 5:57 PM

Minutes: Public Hearing opened.; 5:57 PM

Minutes: No speakers.; 5:57 PM

Motion made to adopt Ordinance 144-06. made by Day and seconded by Rosado

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

Minutes: City Clerk Vent read the title of the Ordinance.; 6:03 PM

Minutes: Planner DeManche stated that the applicant?s request was for a rezoning from Residential Multi-Family (R-3) to Professional Office (P-1). She described the subject property and the surrounding area on the proximity map. She noted that the property was located in the Flexible Development Overlay District. She reviewed staff?s analysis and stated that staff recommended approval of the request. She read into the record the Planning and Zoning Commission's unanimous recommendation for approval.

; 6:09 PM

1) *Ord. 144-06
ZA 05-00500023 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 21-31, BLOCK 2376, UNIT 35, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 16, PAGES 100 THROUGH 111, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FROM RESIDENTIAL DEVELOPMENT (RD) TO CORRIDOR (CORR) ZONE; PROPERTY LOCATED AT 308-416 NE 5TH AVENUE; - COUNCILMEMBER DAY

ACTION REQUESTED: Final Public Hearing Date (Quasi-Judicial, All Persons Testifying Must Be Sworn In.)

WHAT THE ORDINANCE ACCOMPLISHES: Rezones Property from Residential Development (RD) to Corridor (CORR). Property is Located at 308-416 NE 5th Avenue.

Minutes: City Clerk Vent read the title of the Ordinance.; 5:29 PM

Minutes: Planner Yearsley stated that the applicant?s request was for a rezoning from Residential Development District (RD) to Corridor District (CORR). He described the subject property and the surrounding area on the proximity map. He reviewed staff?s analysis and stated that staff recommended approval of the request. She read into the record the Planning and Zoning Commission's unanimous recommendation for approval.; 5:29 PM

Minutes: Public Hearing opened.; 5:29 PM

Minutes: No speakers.; 5:29 PM

Minutes: Public Hearing closed.; 5:29 PM

Motion made to adopt Ordinance 144-06. made by Day and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

2) *Ord. 145-06
ZA 06-00500008 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 47, 48, 49, 50, 51 AND 52, BLOCK 1322, UNIT 18, CAPE CORAL, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 13, PAGES 97 THROUGH 120, PUBLIC RECORDS, LEE COUNTY, FLORIDA, FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PROFESSIONAL OFFICE (P-1) ZONE; PROPERTY IS LOCATED AT 218 AND 224 SE 16TH PLACE; - COUNCILMEMBER ROSADO

ACTION REQUESTED: Final Public Hearing Date (Quasi-Judicial, All Persons Testifying Must Be Sworn In.)

WHAT THE ORDINANCE ACCOMPLISHES: Rezones Property from Multi-Family Residential (R-3) to Professional Office (P-1). Property is Located at 218 and 224 SE 16th Place.

Minutes: City Clerk Vent read the title of the Ordinance.; 5:29 PM

; 5:59 PM

Minutes: Public Hearing opened.; 5:59 PM

Minutes: Kay Shanihan, representing Applicant, etc.; 6:00 PM

Minutes: Public Hearing closed.; 6:00 PM

Motion made to adopt Ordinance 145-06. made by Rosado and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

3) *Ord. 147-06
ZA 05-00500022 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 IN UNITS 34, 36 PT 1, 38 AND 39, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL DEVELOPMENT (RD) TO PROFESSIONAL OFFICE (P-1) ZONE; BY REZONING PROPERTY IN UNITS 36 PT 1 AND 39, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM SINGLE-FAMILY RESIDENTIAL (R-1B) TO PROFESSIONAL OFFICE (P-1) ZONE; - COUNCILMEMBER DAY

ACTION REQUESTED: Set Second Public Hearing Date (Quasi-Judicial, All Persons Testifying Must Be Sworn In.)

WHAT THE ORDINANCE ACCOMPLISHES: Rezones Property from Residential Development (RD) to Professional Office (P-1) and from Single-Family Residential (R-1B) to Professional Office (P-1). Property is Located in Units 34, 36 PT 1, 38 and 39.

Minutes: City Clerk Vent read the title of the Ordinance. ; 6:01 PM

Minutes: Planner DeManche stated that the applicant was the City and was requesting to rezone multiple Blocks and Lots from Single Family Residential District (R-1B) & Residential Development District (RD) to Professional Office District (P-1). He stated that the request consisted of platted lots on fourteen Blocks with lot depths of 125 feet and the surrounding property consists of single-family residences and vacant unimproved land. He described the subject property and the surrounding area on the proximity map and displayed photographs. He reviewed staff?s analysis and stated that staff recommended approval of the request. He noted that no correspondence had been received. She read into the record the Planning and Zoning Commission's unanimous recommendation for approval.; 6:02 PM

Motion made to adopt Ordinance 147-06.

made by Day and seconded by Boyd

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

Minutes: Michael Averon (ck) distributed a handout of his speech to City Council. ; 6:05 PM

Minutes: Council Member Stevens asked why only one block is being done and the rest is being left as residential.; 6:11 PM

Minutes: Planner DeManche explained each of the subject lots have a professional land use designation. He noted that this is anoher phase by the Planning Division to bring a large parcel into compliance with our codes.; 6:13 PM

Minutes: Council Member Bertolini questioned the name Antonio ---Rosado, Jr. and if he was related to Mr. Rosado.; 6:14 PM

Minutes: Council Member Day withdrew his motion. ; 6:14 PM

Minutes: Mayor Feichthaler suggested doing the entire block.; 6:15 PM

Minutes: Second public hearing will be held Monday, ----- 2006, etc.; 6:17 PM

F. PUBLIC HEARINGS - ORDINANCES

1) Ord. 138-06
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SELL SURPLUS REAL PROPERTY DESCRIBED ON ATTACHED EXHIBIT "A" PURSUANT TO SECTION 2-156 OF THE CITY OF CAPE CORAL CODE OF ORDINANCES; - COUNCILMEMBER DAY

ACTION REQUESTED: Final Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: Declares a Parcel of Property as Surplus

2) Ord. 148-06
DPO 148-06 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES, BY RENUMBERING CHAPTER SECTIONS TO ELIMINATE RESERVED SECTIONS; BY AMENDING SECTION 3-1, DEFINITIONS, TO ADD THE DEFINITIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENT, BONA FIDE RESTAURANT, BOTTLE CLUB, COCKTAIL BAR, CONSUMPTION OFF THE PREMISES, CONSUMPTION ON THE PREMISES, HOTEL BAR, NIGHTCLUB, AND RESTAURANT BAR; AMENDING SECTION 3-8., SELLING OR SERVING TO MINORS, TO CLARIFY AS PERSONS UNDER THE AGE OF 21; ESTABLISHING SECTION 3-9, TO PROVIDE PATRONAGE RESTRICTIONS FOR PERSONS UNDER THE AGE OF 21; ESTABLISHING SECTION 3-10, TO PROVIDE ENFORCEMENT AND PENALTY PROVISIONS; ESTABLISHING SECTION 3-11, TO PROVIDE REMEDY OF INJUNCTIVE RELIEF; - COUNCIL MEMBER DAY

ACTION REQUESTED: Final Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: Provides for Patronage Restrictions for Persons Under the Age of 21 in Alcoholic Beverage Establishments.

3) Ord. 158-06
AN ORDINANCE ORDERING AND CALLING FOR A BOND REFERENDUM ELECTION TO BE HELD ON APRIL 3, 2007 IN THE CITY OF CAPE CORAL, FLORIDA TO DETERMINE IF THE QUALIFIED ELECTORS RESIDING IN THE CITY APPROVE THE ISSUANCE BY THE CITY OF GENERAL OBLIGATION BONDS WHICH SHALL MATURE NOT LATER THAN 20 YEARS FROM THEIR DATE OF ISSUANCE IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $110,000,000 PAYABLE FROM AD VALOREM TAXES WITHOUT LIMIT LEVIED AGAINST ALL TAXABLE PROPERTY WITHIN THE CITY IN ORDER TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC SAFETY FACILITY; - COUNCILMEMBER STEVENS

ACTION REQUESTED: Final Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: Provides for a Referendum to Approve Issuance of Bonds in an Amount Not to Exceed $110,000,000.00 to Finance a New Public Safety Facility

4) Ord. 159-06
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A DRAINAGE MAINTENANCE AND EASEMENT AGREEMENT WITH LOWE’S HOME CENTERS, INC.; A COPY OF THE AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; - COUNCILMEMBER BOYD

ACTION REQUESTED: FinalPublic Hearing

WHAT THE ORDINANCE ACCOMPLISHES: Approves a Drainage Maintenance and Easement Agreement with Lowe's Home Centers, Inc.

G. PUBLIC INPUT - RESOLUTIONS

1) None

H. CITIZENS INPUT TIME - A maximum of 30 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual

Minutes: Sid McKenna addressed Council regarding the illegal aliens in our area.; 7:30 PM

Minutes: Maris Kyrakidis, addressed Council regarding the illegal aliens. He noted that we do not help people to learn English, etc.; 7:32 PM

Minutes: Lyndia Bradley, stated she asked about this week's school board meeting. She addressed the loan that the are asking the City for. She asked about the funding. She noted the school needs to be successful and not a burden to the taxpayers. She suggested not approving the loan. She noted there are not too many charter high schools in the area. ; 7:36 PM

Minutes: Pete Berandt, referred to the Florida General Attorney's opinion and the lack of the City to request that report (ck).; 7:37 PM

Minutes: Reneta Menendez, stated she is in favor of the $400,000.00 loan to the charter schools and the charter high school. Her son attends the Oasis school, etc.; 7:39 PM

Minutes: Lynn Rosko, addressed the request for the Attorne General, etc. Careful review of the motion was specific., etc. Council has a fiduciary responsibility to, etc. The people in SW4 are expected to pay tens of thousands for the expansion. She asked if Council Member Hair read the 3 utility audits. She asked everyone to not except these types of actions. She respectfully reqested that Council revote on the issue.; 7:43 PM

Minutes: Paul Bozwell, addressed the access to Gator Circle. He stated that the Fire Dept. and ambulences have a difficult time finding them. He addressed their access through Jacaranda. He noted when they built they were told that there would be an access to Del Prado shortly. He stated that the streets are in very bad shape. In reference to the water problems they were not aware of these problems. There are now 100 homes in that area. He addressed taxes on their $230,000.00 home and lot. There first assessed value this year is over $5,000.00. The taxes are out of control. ; 7:49 PM

Minutes: John Sullivan, agreed with earlier comments regarding the utility expansion projects. He addressed several quetions that he felt needed to be answered by the City. He addressed Mr. Pavlos' relationship with Larry Laws of MWH.; 7:51 PM

Minutes: Larry Barton, referred to Americans Standing Tall, and Council should give some response to the illegal alien issues. He discussed the memo of law to the Attorney General for his legal opinions. He asked about lobbying efforts, etc. All of the laws he referred to involved the utility expansion projects.; 7:54 PM

Minutes: Sal Gross, stated on pg. 24 of the auditor's firm, etc. He referred to all of the audits performed regarding the utlity expansion projects. He noted within 18 months the state law mandates that state auditor come back and see what the City has done in response to their 24 recommendations. He stated he found it hard to understand how Council could dismiss what the auditor reported. ; 7:56 PM

Minutes: Len Walther, referred to a study committee to review suspension systems and what type they should use. He noted that these systems were reviewed in the early 90's. He noted the citizens involved in the original 90's project paid their bill and did not get any help. There has been a tremendous cost increase over the past ten years. ; 7:59 PM

Minutes: John Barth, addressed the critical well water supply situation. He suggested a variance to water only one day a week.; 8:02 PM

Minutes: Council Member Stevens addressed the Attorney General's opinion. He explained the different audits. Last week a motion was made to ask for an Attorney General opinion on other state, etc., etc. He noted it was quite clear, etc. ; 8:05 PM

Minutes: Council Member Bertolini stated that she met with Maryann Redman, etc. She objected to a friend of Mr. Pavlos.; 8:06 PM

Minutes: Mayor Feichthaler addressed the well problems, the connection to Del Prado. He addressed the tax appraisals with homesstead and the increase in land values. ; 8:07 PM

Motion made to H. CITIZENS INPUT TIME - A maximum of 30 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual made by Stevens and seconded by Boyd

I. ADMINISTRATIVE / DISCUSSION ITEMS:

For: <forcount>; Against: <againstcount>; Abstain: <abstaincount>; Absent: <absentcount>

1) Appointment to Boards/Committees/Commissions - Community Redevelopment Agency

Minutes: CRA Director Kuehn reviewed the applicants for the CRA Board and noted that the Board reccomended Richard Greer with 3 votes, Sandra Thorne with 2 votes, and Richard Shafer with 1 vote.; 5:29 PM

Motion made to appointment to the Community Redevelopment Agency. made by Rosado and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

2) 2007 City Council Schedule of Meetings - Mayor Feichthaler

Motion made to Approve the 2007 City Council Schedule of Meetings. made by Rosado and seconded by (no second required)

Passed For: 8; Against: 0; Abstain: 0; Absent: 0

3) Strategic Planning Session - Mayor Feichthaler

Minutes: Mayor Feichthaler requested input from Council regarding the next Strategic Planning Session.; 5:29 PM

Minutes: Mayor Feichthaler requested input from Council regarding the next Strategic Planning Session.; 8:25 PM

Minutes: Mayor Feichthaler addressedthe Strategic Planning Session and recommended not hiring a faciliter. ; 8:25 PM

Minutes: Council Memer LePera stated that she would prefer to do this inhouse; rather a staff person.; 8:27 PM

Motion made to to appoint Mr. Schwing as the facilitator. made by Bertolini and seconded by (no second required)

Failed For: 0; Against: 0; Abstain: 0; Absent: 8

4) Charter School Advances - Financial Services

Minutes: Financial Services Director Mason reviewed the ; 5:29 PM

Minutes: Financial Services Director Mason reviewed the proposed loan. He stated that the Charter School system is experiencing cash flow problems. During the course of the year they will do these small advances. This will continue over the fiscal year. We need to look at the advances or look at a 5 year loan, etc. He stated that they have made several loans and are now looking at a deficit, etc. He noted the Charter School System has created a five-year program. He asked for Council to either continue with the advances or a possible long-term loan.; 8:34 PM

Motion made to to continue with what they have been doing. (ck 2nd) made by Stevens and seconded by Day

Minutes: Council Member Boyd stated that he did not feel the City should loan the money. He stated that he is extremely dissappointed that there is not a business plan in place. ; 8:37 PM

Minutes: Mayor Feichthaler stated this organization was set up like a non-profit. He stated that he was out at the ------- elementary and, etc. He stated that Council needs to way this situation and decide whether we need to step in a do something about this. He is reluctant to loan money. ; 8:39 PM

Minutes: Council Member Stevens stated the motion is for Mr. Mason to make small loans to the Charter School.; 8:41 PM

Minutes: Financial Servces Director responds.; 8:41 PM

Minutes: Council Member Bertolini asked for the numbers involved in the weekly loans.; 8:41 PM

Minutes: Financial Services Director Mason responded. He explained the ordinance.; 8:43 PM

Minutes: Council Member Bertolini posed several questions. She stated this is not a plan.; 8:45 PM

Minutes: City Manager Stewart explained a plan of action has not been recieved by the City. There have been some suggestions going back and forth. The business plan needs to take into consideration those items that are a deficiency. ; 8:47 PM

Minutes: Council Member LePera stated that a definite time limit needs to be set. She commented on the high school. She noted that the Lee County School District granted the City the right to do the high school. She wants a plan before she lends more money to this school.; 8:49 PM

Minutes: Council Member Day commented and stated this is our system and the public does not hold Dr. Mark responsible; they hold City Council. He stated that he believes this Council should take over the Board. He stated that he was very upset with this situation.

; 8:52 PM

Minutes: Council Member Stevens asked if any of the loans had been paid back to the City. ; 8:53 PM

Minutes: Futher discussion was held regarding a timeframe for the loans to the school.; 8:55 PM

Minutes: City Manager Stewart addressed Council regarding the schools' financial issues.; 8:57 PM

Minutes: Council Member Bertolini stated that the governing authority should have been asking questions and working towards a plan.; 8:59 PM

Minutes: Council Member Day stated that he felt that Council should take over the governing board.; 9:02 PM

Minutes: Further discussion was held.; 9:02 PM

Minutes: Council Member Boyd stated that this Council should be the governing board. He noted a volunteer board has bothered him. ; 9:05 PM

Minutes: Dr. Mark responds to Council comments.; 9:06 PM

Minutes: Council Member asked about the draft plan.; 9:10 PM

Minutes: Parks & Recreation Director Pohlman explained the 3 playgrounds that were approved by Council. ; 9:12 PM

Minutes: Mayor Feichthaler stated that he felt the Charter School Governing Board was doing a good job. He questioned a day loan due from October in the amount of $92,000.00.; 9:13 PM

Minutes: Financial Services Director Mason responds.; 9:14 PM

Minutes: Dr. Mark responds to additional questions.; 9:17 PM

Minutes: Further discussion was held regarding the Charter School Board's financial probems.; 9:20 PM

Minutes: Mayor Feichthaler asked for Dr. Mark's resignation effective November 30th.; 9:22 PM

Minutes: Dr. Mark declined to submit his resignation by November 30th.; 9:22 PM

Failed For: 0; Against: 0; Abstain: 0; Absent: 8

Minutes: Councl recessed at --- and reconvened at 9:40 p.m.; 9:37 PM

Minutes: Chair Daugherty made several suggestions regarding the problem with the Charter Schools. He noted that they are doing the evaluation for Dr. Mark. He would like to see the Schools succeed.; 9:38 PM

Minutes: Chater School Governing Board member Mr. Coquest (ck) stated that they have become more involved in the financil problems with the schools. He state at the board meeting today they discussed a business plan. He asked for the short-term financing so that they would have time to bring back to Council and detailed plan. He stated that Council is faced with a very difficult situation. He stated there are over 1,300 children that they have to educate. He stated that they need to have approval from Council to continue with shot-term financing. ; 9:45 PM

Minutes: Councl Member Boyd gave a brief overview of the past history of the Charter Schools. He stated that we are considering loaning the taxpayers money. He noted a business plan should have been prepared earlier.; 9:48 PM

Minutes: Mr. Conquest (ck) responds to Council Member Boyd's questions. He noted they will be doing an evaluation of Dr. Mak and if he is not doing the appropriate job they could ask for his resignation.; 9:50 PM

Minutes: Mayor Feichthaler responds.; 9:59 PM

Minutes: Council Member asked if he should abstain from voting on the Charter School matter.; 10:03 PM

Minutes: Council Member Day stated that he felt it was important that Council Member Stevens voted.

Chairman Daughtery responds.; 10:03 PM

Motion made to that Dr. Marks should be terminated with cause. ck 1st and 2nd. made by Rosado and seconded by (no second required)

Failed For: 0; Against: 1; Abstain: 0; Absent: 7

Minutes: Chairman Day asked that the Governing Board call an emergency meeting regarding a plan for the finances.; 10:08 PM

Motion made to 4) Charter School Advances - Financial Services made by Rosado and seconded by (no second required)

Minutes: ADD TWO MOTIONS.; 10:10 PM

J. DRAFT PROPOSED ORDINANCES:

1) None

K. INTRODUCTION OF ORDINANCES:

1) Ord. 143-06
PDP 06-00800002 AN ORDINANCE AMENDING ORDINANCE 31-04, A PLANNED DEVELOPMENT PROJECT ENTITLED "VETERAN’S PARKWAY WEST (AKA BONITA BAY)" FOR A PORTION OF THE PROJECT ON PROPERTY DESCRIBED AS A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY FLORIDA, AS MORE PARTICULARY DESCRIBED HEREIN; PROPERTY LOCATED AT 2330 SURFSIDE BOULEVARD; RENAMING A PORTION OF THE PROJECT "SHOPS AT SURFSIDE"; GRANTING SUBDIVISION APPROVAL; GRANTING A DEVIATION FROM THE REGULATION ALLOWING A REDUCTION IN THE NUMBER OF REQUIRED TREES ON PARCELS TWO (2) OR MORE ACRES IN SIZE AS REQUIRED IN SECTION 5.2.8.C. OF THE LAND USE AND DEVELOPMENT REGULATIONS TO PERMIT THE USE OF TREE CREDITS ON ALL OUT-PARCELS THAT ARE LESS THAN TWO ACRES IN SIZE; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; - COUNCILMEMBER LEPERA

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends Ordinance 31-04 Approval of a Planned Development Project Entitled "Veteran's Parkway West (aka Bonit Bay)" for Deviation, Subdivision Approval, and Renaming the Project.

2) Ord. 155-06
AX 06-01100002 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF PARCELS OF LAND LYING IN SECTION 4, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT PINE ISLAND ROAD AND ORCHID ROAD; PROVIDING FOR TRANSFER OF FIRE SERVICE RESPONSIBILITY; PROVIDING FOR REDEFINITION OF CITY BOUNDARIES; - COUNCILMEMBER ROSADO

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Approves Annexation of Parcels of Land Lying in Section 4, Township 44 South, Range 24 East providing for Transfer of Fire Service Responsibility and Redefinition of City Boundaries.

3) Ord. 161-06
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL ORDINANCE 118-05, AS AMENDED, WHICH ADOPTED THE CITY OF CAPE CORAL OPERATING BUDGET, REVENUES AND EXPENDITURES, AND CAPITAL BUDGET FOR THE FISCAL YEAR OF 2006, BY INCREASING THE TOTAL REVENUES AND EXPENDITURES BY $126,930,506; - COUNCILMEMBER STEVENS

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends FY 2006 Operating Budget

4) Ord. 165-06
AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES, CHAPTER 23, PROTECTED SPECIES, ARTICLE I, BALD EAGLE PROTECTION, SECTION 23-2, DEFINITIONS, ESTABLISHING A DEFINITION FOR THE TERM “QUALIFIED EAGLE MONITOR”; AMENDING SECTION 23-4, REGULATIONS, BY AMENDING A CITATION IN SECTION 23-4.2; AMENDING SECTION 23-5, RESTRICTED ACTIVITIES, SUBSECTION 23-5.2, EXCEPTIONS, BY ESTABLISHING AN EXCEPTION WHICH PERMITS CONSTRUCTION ACTIVITY TO TAKE PLACE DURING THE NESTING PERIOD WITHIN THE EAGLE NEST MANAGEMENT ZONE IF THE CONSTRUCTION ACTIVITY IS PERFORMED PURSUANT TO AN APPROVED BALD EAGLE MANAGEMENT PLAN AND IMPOSING OTHER CONDITIONS UPON SUCH CONSTRUCTION ACTIVITIES; AMENDING SECTION 23-7, BALD EAGLE MANAGEMENT PLAN, BY AMENDING SECTION 23-7 TO PROVIDE THAT BALD EAGLE MONITORING PLANS ARE TO BE SUBMITTED TO AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OR THE DIRECTOR’S DESIGNEE UNDER CERTAIN CONDITIONS, ADDING SUBMISSION REQUIREMENTS FOR CERTAIN BALD EAGLE MANAGEMENT PLANS, ADDING A NEW SUBSECTION WHICH DESCRIBES THE BALD EAGLE MANAGEMENT PLAN AND OTHER REQUIREMENTS FOR ENGAGING IN CONSTRUCTION ACTIVITY DURING THE NESTING PERIOD WITHIN THE EAGLE NEST MANAGEMENT ZONE, AND REVISING THE PROCEDURES FOR REVIEW AND APPROVAL OF AMENDMENTS TO BALD EAGLE MANAGEMENT PLANS; COUNCILMEMBER BOYD

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Revises Requirements for Submission and Approval of Bald Eagle Management Plans

L. INTRODUCTION OF RESOLUTIONS:

1) Res. 56-06
VP 06-00600008 A RESOLUTION PROVIDING FOR THE VACATION OF PLAT FOR DRAINAGE AND PUBLIC UTILITY EASEMENTS LYING ADJACENT TO AND CONTIGUOUS WITH THE PROPERTY LINES BETWEEN LOTS 2 AND 3, LOTS 3 AND 4, AND LOTS 4 AND 5, LOCATED IN SECTION 15, TOWNSHIP 44 SOUTH, RANGE 23 EAST, CAPE CORAL, LEE COUNTY, FLORIDA AND BEING A PART OF THE PLAT OF SKYLINE NORTH, RECORDED IN PLAT BOOK 69 AT PAGES 70 AND 71 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED SOUTH OF CEITUS TERRACE BETWEEN SW 10TH PLACE AND SW 12TH AVENUE; - COUNCILMEMBER DAY

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Approves a Vacation of Plat for Drainage and Public Utility Easements Located South of Ceitus Terrace Between SW 10th Place and SW 12th Avenue.

2) Res. 61-06
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL CODE OF ORDINANCES, LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, SECTION 8.8, SPECIAL EXCEPTIONS, AND SECTION 8.9, APPEALS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, REVERSING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND APPEALS THAT DENIED RESOLUTION SE-4-2006 AND GRANTING A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE A MODEL HOME SITE USE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 18 AND 19, BLOCK 6068, UNIT 96, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25, PAGES 45 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 3014 CHIQUITA BOULEVARD SOUTH AND 3015 SW 16TH PLACE; PROVIDING TERMS AND CONDITIONS; -COUNCILMEMBER STEVENS

Res. 61-06
A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL CODE OF ORDINANCES, LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, SECTION 8.8, SPECIAL EXCEPTIONS, AND SECTION 8.9, APPEALS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, APPROVING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND APPEALS THAT DENIED RESOLUTION SE-4-2006 WHICH CONCERNED A SPECIAL EXCEPTION TO CONSTRUCT AND OPERATE A MODEL HOME SITE USE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 18 AND 19, BLOCK 6068, UNIT 96, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25, PAGES 45 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 3014 CHIQUITA BOULEVARD SOUTH AND 3015 SW 16TH PLACE; PROVIDING TERMS AND CONDITIONS; COUNCILMEMBER STEVENS

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Approves or Repeals Denial of Resolution SE 4-2006, an application for Special Exception to Construct and Operate a Model Home Site Use.

M. REPORTS OF MAYOR AND COUNCIL MEMBERS

Minutes: Council Member Bertolini: ; 5:29 PM

Minutes: Council Member Bertolini: ATTENDED THE TRANS. OVERSIGHT COM. ; 10:19 PM

Minutes: Council Member Boyd:; 5:29 PM

Minutes: Council Member Boyd: NO REPORT.; 10:19 PM

Minutes: Council Member Day:; 5:29 PM

Minutes: Council Member Day: NO REPORT.; 10:20 PM

Minutes: Council Member Hair: ; 5:29 PM

Minutes: Council Member Hair: NO REPORT.; 10:20 PM

Minutes: Council Member LePera: ; 5:29 PM

Minutes: Council Member LePera: SEVERALCOMMENTS - NOISE DOWN IN THE CRA, ETC. SHE DISCUSSED THE SCHOOL AUTHORITY.; 10:22 PM

Minutes: Council Member Rosado: ; 5:29 PM

Minutes: Council Member Rosado: NO REPORT.; 10:22 PM

Minutes: Council Member Stevens: ; 5:29 PM

Minutes: Council Member Stevens: CK; 10:23 PM

Minutes: Mayor Feichthaler: ; 5:29 PM

Minutes: Mayor Feichthaler: STATED IT TOOK STRONG ACTION TONIGHT IN ORDER TO SAVE THE CHARTER SCHOOL. kOHL'S WAS A GREAT SUCCESS; SPOKE WITH CAPE AND CHARTER ELEMENTARY SCHOOL, ETC.; SPOKE WITH GOLD COAST ROTARY CLUB,ATTENDED THE COCONUT FESTIVAL; WAS PART OF THE VETERAN'S DAY PARADE AND GAVE A SPEECH AFTERWARDS TO THE VHW., DISCSSED THE NOISE FROM THE BAMBOO CLUB. ; 10:25 PM

N. REPORTS:

1) City Attorney

Motion made to City Attorney Menendez - DISCUSSED THE 3 RESOLUTIONS FOR THE SW4 EXPANSION AREA. SHE NOTED THE CITY IS REQUIRED TO GIVE 20 DAYS NOTICE TO THE PROPERTY OWNERS IN THE AFFECTED AREAS. SHE REQUESTED THAT COUNCIL CHANGE THE DATE TO DECEMBER 11TH INSTEAD OF DECMBER 7H. made by Rosado and seconded by (no second required)

Failed For: 0; Against: 0; Abstain: 0; Absent: 8

2) City Manager

8 Time and Place of Next Meeting - The Next Regular City Council Meeting is Scheduled for Monday, November 20, 2006 at 5:30 P.M. in the Council Chambers.

Minutes: The Next Regular City Council Meeting is Scheduled for Monday, November 20, 2006 at 5:30 P.M. in the Council Chambers.; 5:29 PM

9 Motion to Adjourn

Minutes: There being no further business the meeting adjourned at p.m. Respectfully submitted Bonnie J. Vent, City Clerk; 5:29 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.

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