MINUTES FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL
Monday, December 15, 2008
Council Chambers 4:30 p.m.
Council Member Donnell requested that Administrative / Discussion Items 1), Appointment of Council Member for District 1 and 2), Swearing in of Council Member for District 1 be moved to the last two items under Administrative / Discussion Items.
Council Member Donnell moved, seconded by Council Member Grill to adopt the Agenda with the above change.
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
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ORDINANCE 84-08 TXT 08-01300007 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN; BY AMENDING THE FUTURE LAND USE ELEMENT, TO AMEND THE GOALS, OBJECTIVES AND POLICIES, TO AMEND POLICY 1.15 TO REVISE THE COMMERCIAL ACTIVITY CENTER LAND USE CLASSIFICATION, AND TO AMEND POLICIES 3.1 THROUGH 3.6 TO PROVIDE CONSISTENCY WITH THE AMENDMENTS MADE TO THE COMMERCIAL ACTIVITY CENTER LAND USE CLASSIFICATION; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 6-08 LU 07-01000009 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM COMMERCIAL/PROFESSIONAL (CP) AND MULTI-FAMILY RESIDENTIAL (MF) TO COMMERCIAL ACTIVITY CENTER (CAC) LAND USE FOR BLOCKS 4722, 4723, 4724, AND 4725, AND LOTS 15-22 OF BLOCK 4685, ALL IN UNIT 70, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGES 58 THROUGH 87, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED ALONG CHIQUITA BOULEVARD BETWEEN SW 34TH STREET ON THE NORTH, SW 36TH TERRACE ON THE SOUTH, AND SW 17TH AVENUE ON THE WEST; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 12-08 LU 07-01000023 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) TO COMMERCIAL ACTIVITY CENTER (CAC) LAND USE FOR LOTS 1-40, BLOCK 3335, UNIT 65, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 151 TO 164, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED AT 4532-4540 AND 4606-4630 SW 15TH PLACE, AND 4531-4547 AND 4609-4629 CHIQUITA BOULEVARD SOUTH; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 13-08 LU 07-01000022 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY RESIDENTIAL (SF) TO COMMERCIAL ACTIVITY CENTER (CAC) LAND USE FOR LOTS 1-42, BLOCK 3326, UNIT 65, CAPE CORAL SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES 151 TO 164, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY IS LOCATED AT 4403-4443 CHIQUITA BOULEVARD SOUTH AND 4402-4442 SW 15TH PLACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 78-08 LU 08-01000006 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND MULTI-FAMILY BY PDP (SM) TO NATURAL RESOURCES/PRESERVE (PR) FOR PROPERTY DESCRIBED AS THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LESS THE NORTH 50 FEET RESERVED FOR ROAD RIGHT-OF-WAY PURPOSES, AND LESS THE STATE ROAD RIGHT-OF-WAY; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 86-08 LU 08-01000008 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA AND FROM SINGLE FAMILY AND MULTI-FAMILY BY PDP (SM) TO SINGLE FAMILY RESIDENTIAL (SF) FOR PARCELS LOCATED IN CAPE CORAL SUBDIVISION UNITS 63, 68, 71, AND 95, AND CERTAIN BLOCKS WITHIN THE SANDOVAL SUBDIVISION; FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA AND FROM SINGLE FAMILY AND MULTI-FAMILY BY PDP (SM) TO MULTI-FAMILY RESIDENTIAL (MF) FOR LOTS 1-54, BLOCK 4454, AND LOTS 1-64, BLOCK 4486, UNIT 63, CAPE CORAL SUBDIVISION, LOTS 65-73, BLOCK 4486, AND LOTS 1-20 AND 37-56, BLOCK 4567, UNIT 68, CAPE CORAL SUBDIVISION, AND CERTAIN PARCELS WITHIN THE SANDOVAL SUBDIVISION; FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA AND FROM SINGLE FAMILY AND MULTI-FAMILY BY PDP (SM) TO PUBLIC FACILITIES (PF) FOR BLOCKS 6610 AND 6611, TRAFALGAR PARK SUBDIVISION; FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA AND FROM SINGLE FAMILY AND MULTI-FAMILY BY PDP (SM) TO COMMERCIAL/PROFESSIONAL (CP) FOR CERTAIN PARCELS IN BLOCKS 4430, 4434, 4447, 4448, AND 4466, UNIT 63, CAPE CORAL SUBDIVISION; FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA AND FROM PARKS AND RECREATION (PK) TO SINGLE FAMILY RESIDENTIAL (SF) FOR PARCELS IN BLOCKS 6020, 6022, AND 6023, UNIT 95, CAPE CORAL SUBDIVISION; FROM URBAN SERVICES RESERVE AREA TO URBAN SERVICES TRANSITION AREA FOR PARCELS IN UNITS 63 AND 71, CAPE CORAL SUBDIVISION, PARCELS IN BLOCKS 8029, 8030, 8031, 8032, AND 8071, AND CERTAIN TRACTS IN SANDOVAL SUBDIVISION, AND BLOCK 6612, TRAFALGAR PARK SUBDIVISION, ALL AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE._______________________ |
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 133-08 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION 2.7, DISTRICT REGULATIONS, TO ESTABLISH THE COMMERCE PARK OVERLAY WITHIN THE CORRIDOR DISTRICT; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
Council Member Bertolini moved, seconded by Council Donnell to waive DPO.
Voice poll: All “ayes”. Motion carried.
City Clerk Potter read the title of the Ordinance.
First Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
Second Public Hearing date was scheduled for Monday, January 26, 2009 at 5:00 p.m. in Council Chambers.
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*ORDINANCE 135-08 ZA 08-00500021 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 A PORTION OF THAT TRACT OR PARCEL OF LAND LYING IN THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, LYING NORTH OF YUCCA PEN CREEK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM SINGLE-FAMILY RESIDENTIAL (R-1A) TO RESIDENTIAL DEVELOPMENT (RD) ZONE; PROPERTY IS LOCATED BETWEEN CHARLEE ROAD TO THE NORTH, NW 48TH TERRACE TO THE SOUTH, BURNT STORE ROAD TO THE EAST, AND CHARLOTTE HARBOR BUFFER PRESERVE LAND TO THE WEST; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.______________________________________________________ |
Council Member Bertolini moved, seconded by Council Donnell to waive DPO.
Voice poll: All “ayes”. Motion carried.
City Clerk Potter read the title of the Ordinance.
Public Hearing date was scheduled for Monday, January 12, 2009 at 5:00 p.m. in Council Chambers.
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PUBLIC COMMENT - CONSENT AGENDA
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Lynn Rosko, resident, asked for an explanation of Item 3 (d) and whether or not there was a dollar value attached to it. She also questioned the amendments to Item 3 (h).
John Barth, resident, addressed Council regarding Item 2 (d). He asked if the prefabricated bathrooms were the same type of structures at the facilities on Everest Parkway. He expressed his concerns about how the current structures were built.
Council Member Brandt pulled Item 2 (d).
Council Member Deile pulled Items 3 (d), (h) and (i).
Council Member Day moved, seconded by Council Member Grill to approve Consent Agenda Items 1 (a), 2 (a), (b,), (c), (e), 3 (a), (b), (c), (e), (f) and (g).
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
Council Member Brandt asked staff to address Mr. Barth’s comments regarding Item 2 (d). He also questioned the additional fuel charge in the contract.
Parks & Recreation Director Pohlman noted that they have gone to this type of system for cost savings. He stated thirteen of these types of systems have been installed in the past two years, and this is the first negative comment he has heard regarding them. He addressed the additional fuel surcharge added to the contract.
City Manager Stewart explained that they went back to the company and asked if they would extend their price even though the contract had expired. He stated he went to the Procurement Division and asked them to validate what the pricing is in other communities; they did so and validated that our continued pricing was about $8,000.00 under another project that the City could piggyback on if they chose to. He noted that the City is really benefiting significantly from the extension of the prices.
Council Member Brandt moved, seconded by Council Member Grill to approve Consent Agenda Item 2 (d).
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell, and Grill voted “aye”. All “ayes”. Motion carried.
Council Member Deile asked staff to explain Item 3 (d).
Public Works Director Pavlos reviewed Item 3 (d) and noted there was no money involved in the item.
Council Member Deile moved, seconded by Council Member Grill to approve Consent Agenda Item 3(d).
Council Member Day questioned the timeline for connecting to the North Central Loop.
Public Works Director Pavlos responded he was not certain of the timeline. He agreed to get the information requested to Council Member Day.
Mayor Burch questioned the connection fee for five wells at $37,000.00.
Acting Utilities Manager Peak explained why the fees were added to the North Central Loop contract. He noted that the cost was already included in the contingency for the project.
City Manager Stewart explained that this work was to be done under another contract that was approved. The work did not get done because of the delay. Rather than create a problem with that contract they just moved the item over to this contract. No charges were made against the contract under which it was initially approved. He asked staff if that was correct.
Acting Utilities Manager Peak responded he was not certain.
City Manager Stewart asked that Council pull Consent Agenda Item 3 (d).
Council Member Deile withdrew his motion. Second agreed.
Brief discussion was held regarding the contract in question.
Council Member Deile asked staff to explain Item 3 (h).
Financial Services Director Mason reviewed Item 3 (h), the utilities agreement between the City and Realmark.
Council Member Deile moved, seconded by Council Member Day to approve
Consent Agenda Item 3 (h).
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
Council Member Deile asked staff to explain Item 3 (i), design/build services for the
Municipal Charter High School in the amount of $7,881,842.45.
Financial Services Director Mason gave an overview of the history regarding the Municipal Charter High School. He noted that the $7,881,842.45 was a design/build “not to exceed” amount. He explained that the Charter Schools will pay for the building. The City will enter into a lease agreement as they have done for the other Charter Schools. The City will build and own the school. They are currently looking at external sources to fund the project. The City will likely use commercial paper to build the school and then take out a long term debt in order to pay for the school.
Council Member Deile asked Mr. Mason to explain the mechanism by which the Charter Schools receive money in order to pay the lease that would retire the debt.
Financial Services Director Mason explained the two ways the Charter Schools receive funding. He stated it is anticipated that the amount the City will receive should cover the debt service payments over time.
Council Member Deile questioned the term of the bond.
Financial Services Director Mason responded they would probably use the same term they used for the original three schools which was 30 years.
Council Member Deile asked if the City could use some of the vacant space in the current McGarvey building rather than building a new Municipal Charter High School.
Financial Services Director Mason explained there is some vacant space in the existing McGarvey building. However, there is not adequate space to seat 700 students for any length of time in the building.
Mayor Burch explained why he was in support of Item 3 (i).
City Manager Stewart gave an overview of the history of the request for a Charter High School.
Council Member Bertolini expressed her concerns about the Charter Schools not receiving the funds they have received in the past and perhaps looking at a shortfall; she asked if that would impact the repayment of the loan to the City.
Financial Services Director Mason explained that the City expects a decrease in FEFP funding from the State of Florida over the next two years. The School District will have the same decrease in funding that the City will receive. Obviously, there will have to be expenses cut in order to meet the obligations. The actual debt service that will be required for the School to pay will not likely be due until 2010 or 2011, depending upon when the City actually sells the debt.
Council Member Bertolini noted that enrollment would not be a problem as there is a waiting list for the Charter Schools.
Financial Services Director Mason concurred with Council Member Bertolini, noting that there was quite a bit of support for the continuation of the education of the eighth grade students to move forward to the Charter High School.
Council Member Bertolini applauded Dr. Bush, staff, and the Charter School Governing Board for all the work they have done.
Council Member Grill moved, seconded by Council Member Day to approve
Consent Agenda Item 3 (i).
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
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Tom Mikos, resident, addressed Council regarding the Midpoint/Everest Marina and the lack of compliance with regards to the required 30-foot buffer that was supposed to be placed along the sea wall. He asked that the work be stopped until the applicant complies with the covenants agreed to back in 2000.
Lynn Rosko, resident, questioned Administrative / Discussion Item 3. She asked why the replacement of the pipe was not covered under the original three-year guarantee. She asked why the City would go forward in today’s economy with Administrative / Discussion Item 5. She also addressed Mr. DiBauda’s requests to Council regarding the condition of the road in front of his residence.
Pascha Donaldson, resident, recognized the Mayor and Council Member Bertolini for their efforts in making the Burrowing Owl the official City bird.
Betty Gilbert, resident, stated that she, along with the Cape Coral Friends of Wildlife, were working on getting the author and producer of “Hoot” as well as Jimmy Buffet to attend the 21st Burrowing Owl Festival. The event should bring tourist trade and revenue to Cape Coral for the signing of the official book “Buffy the Burrowing Owl”. A percentage of every book and CD sold will go to the Cape Coral Friends of Wildlife.
Erick Kuehn, resident, addressed Council regarding the state of the economy and all the negative news in the local newspapers. He asked how anyone could be positive and upbeat. He stated he read that City staff was predicting a 35% decline in revenues for 2009 due to declining property values. Last year there was a 25% decline and now another 35% in 2009. He asked whether or not the City should have predicted this a long time ago. Should they not have saved money when the times were great for a rainy day? Now the taxpayers, who are already bailing out alleged mismanaged huge corporations, are being asked for more money from staff who obviously did not save enough money for a rainy day. The reserves have been tapped too many times. Should the City increase the millage rate from 4.7% to 7.7%? According to the City Manager not much can be cut from the budget. He stated if staff’s predictions are accurate, he would suggest cutting out more fat from the budget.
John Sullivan, resident, discussed several statements made by the City Manager at the November 24, 2008 Council Meeting. He reviewed a letter written by former Mayor Kempe, dated January 5, 2005, addressed to then Representative Jeff Kottkamp regarding a City Council resolution asking for a limited State audit of the City’s sewer, water, and stormwater accounts from 1995 to date. He explained that the State audit provided was not the audit that Council requested. He stated the reality is that there were 24 findings against the City. Some of the findings were related to State Statutes or City Ordinances and have not yet been corrected.
Gordon Ultsch, resident, stated almost a year ago he addressed Council regarding the San Souci Bay development in the northwest area of the City. He addressed the Northwest Neighborhood Association’s objections to the high rises. He asked what the City would do if the project goes bankrupt due to lack of sales; who will maintain the area? He urged both the Planning & Zoning Commission and City Council to defeat the project.
Lou DiBauda, resident, informed Council that he has not heard from the City concerning the condition of the roads near his residence.
John Barth, resident, expressed his concerns about the fence that was suggested at the Midpoint/Everest Marina. He stated he had some pictures showing a large number of vehicles parked in a water retention area. He noted that the City does not allow parking in retention areas for any reason.
Council Member Bertolini recognized the Burrowing Owl group. She stated she did not think anyone realizes how much economic development and tourism goes along with the Burrowing Owl. She applauded the group for their efforts. She continued by stating that she was tired of hearing all the misspoken conversations at Council meetings; she asked that everyone work together to solve their problems.
Council Member Donnell thanked all the Council members, the City Manager, and the City Attorney for a great year. He expressed his appreciation for everything they have done for the City. He responded to Mr. Mikos’ concerns regarding the Midpoint/Everest Marina.
Council Member Grill asked the City Manager to explain what was happening regarding Mr. DiBauda’s request.
City Manager Stewart explained that the road in question was perfectly serviceable; there is nothing wrong with it and it does not need to be resurfaced at this time. He stated he instructed his staff to call Mr. DiBauda to discuss the matter. One of the City staff members from Parks & Recreation spoke with Mr. DiBauda’s daughter regarding the exercise programs that are available for senior citizens.
Council Member Grill stated he did not believe Mr. DiBauda was requesting that the entire road be resurfaced. He offered to go out to the site to see if there was something the City could do as far as repairing the road.
Further discussion was held regarding Mr. DiBauda’s request.
Council recessed at 5:54 p.m. and reconvened at 6:10 p.m.
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APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
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PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES
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*ORDINANCE 118-08 ZA 08-00500019 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 1-19 AND 24-42, BLOCK 2154, CAPE CORAL SUBDIVISION, UNIT 32, FROM SINGLE-FAMILY RESIDENTIAL (R-1B) TO PEDESTRIAN COMMERCIAL (C-1) ZONE; PROPERTY IS LOCATED AT 1418-1428 AND 1500-1524 KISMET PARKWAY AND 1419-1429 AND 1501-1525 NE 23RD TERRACE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
City Clerk Potter administered the oath.
Acting Planning & Growth Management Division Manager Struve stated this is a privately initiated rezoning application from William J. Opsahl, Trustee for the Opsahl Revocable Trust. The applicant is requesting to rezone Lots 1-19 and 24-42 within Block 2154 from Single Family Residential (R-1B) to Pedestrian Commercial (C-1). He described the subject property and the surrounding area on the proximity map and displayed aerial photographs. He noted that a change in land use from single family to commercial professional was approved by City Council on September 8, 2008 via Ordinance 65-08. He reviewed staff’s analysis and stated staff recommends approval. He stated at the November 5, 2008 meeting, the Planning and Zoning Commission/Local Planning Agency voted unanimously (7-0) to recommend approval of Ordinance 118-08. There were no speakers during public input, and one letter of objection was received from a property owner concerned about loss of property values with the proposed rezoning to commercial.
William P. Nolan, WPN & Associates, Inc., authorized representative, addressed the reasons for their rezoning request. He explained that it would be difficult to market this property without the proper zoning.
Public Hearing opened.
No speakers.
Public Hearing closed.
Council Member Day moved, seconded by Council Member Bertolini to adopt Ordinance 118-08.
Council Member Grill asked if the applicant had a proposed use of the property.
Mr. Nolan responded in the negative.
Council Member Brandt asked staff how much of the property the applicant owned.
Acting Planning & Growth Management Division Manager Struve responded the applicant owns 90% of the lot and 100% of the property covered by the rezoning application.
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
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*ORDINANCE 132-08 ZA 08-00500018 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 1-42, BLOCK 1060, UNIT 24, CAPE CORAL SUBDIVISION FROM MULTI-FAMILY RESIDENTIAL (R-3) TO PROFESSIONAL OFFICE (P-1) ZONE; PROPERTY IS LOCATED AT 601-619 AND 701-721 SE 9TH TERRACE AND 602-620 AND 702-722 SE 9TH STREET; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.____ |
City Clerk Potter read the title of the Ordinance.
City Clerk Potter administered the oath.
Acting Planning & Growth Management Division Manager Struve stated this is a publicly initiated rezoning application. The City is requesting to rezone Lots 1-42 within Block 1060 from Multi-Family Residential (R-3) to Professional Office (P-1). He described the subject property and the surrounding area on the proximity map and displayed aerial photographs. He gave a brief overview of the background of the case. He noted that all lots within Block 1060 were non-conforming because the current zoning was not consistent with the land use. He reviewed staff’s analysis and stated staff recommended approval. He stated at the November 20, 2008 meeting, the Planning and Zoning Commission/Local Planning Agency voted (4-3) to recommend approval of Ordinance 132-08. There were three speakers during public input. Two speakers were opposed to this request and were concerned about decreased property values and increase in traffic in the area. There were also strong concerns expressed about lack of buffering standards, particularly for some of the duplex owners, should the surrounding properties be developed for commercial uses. One email in opposition was received which expressed concerns about diminished property values. He explained why three of the Planning & Zoning Commissioners did not vote in favor of the rezoning application.
Council Member Grill asked how many of the other property owners agreed to the rezoning.
Acting Planning & Growth Management Division Manager Struve responded to his knowledge they were able to contact 2 property owners; one was indifferent to the rezoning and one was opposed.
Council Member Grill asked how many property owners were involved in the rezoning.
Acting Planning & Growth Management Division Manager Struve responded 18 or 19; nine of the properties are improved.
William P. Nolan, WPN & Associates, authorized representative, reviewed the history of the subject property. He explained how the request for P-1 zoning came about.
Public Hearing opened.
Mike McLinn, resident, explained that he was totally against rezoning the entire block at first. He has since changed his mind and would consider supporting the ordinance if the property was adequately buffered. The only way to do that would be for Council to vote this ordinance down and send it back to the Planning & Zoning Commission. He voiced his concerns about the additional traffic that would be coming down his street.
Mr. Nolan, WPN & Associates, explained they had no problem with buffering Mr. McLinn’s property.
Discussion was held regarding buffering requirements and traffic concerns.
Acting Planning & Growth Management Division Manager Struve explained why this request was brought forward as a City initiated application.
Council Member Grill moved, seconded by Council Member Bertolini to adopt Ordinance 132-08 approving only the initial two highlighted lots, with the understanding that they will come in with a site plan and buffering for Mr. McLinn’s property.
City Attorney Menendez elaborated on the point Mr. Struve made concerning the land use classification. She explained that the current R-3 zoning was inconsistent with the land use classification the block has been assigned. There are three zoning districts that are consistent with the Commercial/Professional land use classification; P-1, P-2, and C-1. The reason that no buffer is required is because the properties, while they are currently developed as duplexes, are technically not residential properties. One of the reasons staff brought this request forward is so that Council has the ability to control the zoning on the
block. Sometimes individuals will come in with the properties that they own and then Council is faced with a patch-work quilt or piecemeal approach to a block. According to the Comprehensive Plan, if your land use classification is commercial/professional and you assemble full depth then you are a good candidate for C-1 zoning. She noted that P-1 is one of the less intensive zoning districts consistent with the land use classification. To leave these properties as R-3 is to leave them not in compliance with the Comprehensive Plan. Any property owners with undeveloped properties on the block cannot build duplexes on their property. Those property owners would have to come to Council and seek a rezoning of their property to P-1, P-2, or C-1. She explained that if Council believes there was an error in assigning this block the Commercial/Professional land use classification that would give rise to issues of whether or not there should be a land use map change.
Mayor Burch stated he spoke with Mr. McLinn at length, and he agreed with what City Attorney Menendez just stated. He explained why he felt Mr. McLinn would actually benefit if this zoning change were to occur. He stated he would not support the motion as it stood.
Council Member Deile stated he felt the land use was wrong. He asked Mr. Struve to display the map of City Centrum and point out some of the features such as Cultural Park Theatre, City Hall, etc.
Acting Planning & Growth Management Division Manager Struve pointed out Cultural Park Theatre, City Hall, the Lee County Government Building, the Post Office, and the developing Police Headquarters Building. He also explained the meaning of the various colors on the map.
Council Member Deile stated he had a problem with the buffering and non-conforming use issues.
Mr. Nolan informed Council that one of the main reasons for the land use change back in late 2004 or early 2005 was to stop the intrusion of duplexes.
Discussion was held regarding what could currently be built on the subject property.
Mr. Nolan noted that P-1 zoning on the property brings the setbacks into conformity, P-2 does not.
Council Member Donnell explained why he would not support the motion on the floor.
Council Member Grill commented that if the entire block is done, the individuals living in improved properties do not necessarily get a buffer. He asked Mr. Nolan when his client bought the property.
Mr. Nolan responded in 2004. He explained that his client has been sitting on this particular property for four years. He stated if a land use is contemplated to change all of City Centrum, you are asking my client to sit there with a piece of property that he cannot do anything with for another year and a half.
Council Member Grill asked why the City did not come in with one application and
include all five blocks.
Acting Planning and Growth Management Division Manager Struve explained why they thought it was appropriate to bring the properties forth as separate applications.
City Manager Stewart stated some time ago staff brought forward some changes that involved a significant number of properties in different locations throughout the City. Council expressed to staff at that time that they were uncomfortable with such large items being brought before them at the same time.
Council Member Grill noted this case involves contiguous blocks straight in a row. He expressed his feeling that bringing all the properties in at the same time would have been more efficient. He voiced his opinion that this was the same as spot zoning.
Council Member Deile concurred with Council Member Grill’s comments. He expressed his concerns regarding carving up neighborhoods a block at a time.
Council Member Bertolini withdrew her second.
Council Member Grill asked if staff had checked the setbacks for P-1 on the eight improved properties to see if they were conforming.
Acting Planning and Growth Management Division Manager Struve responded in the negative and explained that that was not something they would typically do.
Council Member Grill withdrew his motion.
Council Member Grill moved, seconded by Council Member Deile to deny Ordinance 132-08.
Council polled as follows: Deile and Grill voted “aye”. Bertolini, Brandt, Burch Day, and Donnell voted “nay. Two “ayes” and five “nays”. Motion denied.
Council Member Donnell moved, seconded by Council Member Day to adopt Ordinance 132-08
Council polled as follows: Burch, Day, and Donnell voted “aye”. Bertolini, Brandt, Deile and Grill voted “nay”. Three “ayes” and four “nays”. Motion denied.
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ORDINANCE 139-08 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES CHAPTER 12, OFFENSES AND MISCELLANEOUS PROVISIONS, TO CREATE AND ESTABLISH ARTICLE IX, ABANDONED REAL PROPERTY; PROVIDING FOR THE REGISTRATION OF ABANDONED REAL PROPERTIES; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR MAINTENANCE REQUIREMENTS; PROVIDING FOR SECURITY REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Code Compliance Division Manager Cassidy explained that Ordinance 139-08 was the result of the November 3, 2008 Committee of the Whole meeting where they discussed foreclosures. He reviewed the presentation made at the COW meeting regarding foreclosures and abandoned properties. He noted that the majority of the abandoned properties were non-homesteaded. He explained that they were becoming property managers for these properties by mowing and boarding them up. He addressed the challenges they were facing, the biggest one being available funds. He stated to date they have mowed 3,476 properties costing the City $198,511.85. They have also secured 28 swimming pools at a cost of $6,725.00. He noted that many communities are implementing the same type of ordinance in order to establish a responsible party. This is an attempt by the City to try to relieve the stress on their system and alleviate expending a huge amount of taxpayers’ dollars to maintain the properties.
Public Hearing Opened.
Lynn Rosko, resident, asked if the mortgagor was the responsible party.
Public Hearing Closed.
Council Member Grill moved, seconded by Council Member Day to adopt Ordinance 139-08.
Assistant City Attorney Lupe addressed a letter received from Charles Jones.
Council Member Deile stated he showed Ordinance 139-08 to an individual in the banking industry and he had some concerns about it. He voiced his concerns that the title to the properties had not passed yet when the obligations are placed upon the mortgagee or bank. He read the definition of abandoned property into the record: "Any property that is vacant and is under current notice of default.” He stated the banks have a problem entering properties they do not have title to. Also, abandoned property is a “property subject to a tax lien certificate of sale.” A fair reading of that would mean that Charlie Green would have to maintain these properties since he would be the one holding the tax lien. He read Section 12-96, sub-paragraph (b) of the ordinance into the record and expressed his opinion that the word “occupied” in the ordinance causes issues because the bank would not be allowed to enter a property that was occupied. He noted the ordinance also requires that the bank maintain the property in a higher state of repair than the City requires its citizens to maintain their property. He addressed several other sections of the ordinance that he felt went beyond what the City should be requiring. He stated he felt the goal of the ordinance was worthy but the measures used go too far; therefore, he cannot support the ordinance.
Council Member Donnell asked the City Attorney if Council was exposing themselves to a law suit.
City Attorney Menendez addressed the issue of whether or not an individual could challenge the ordinance.
Council Members Donnell and Grill expressed their support for the ordinance.
Mayor Burch concurred with Council Members Donnell and Grill.
Council polled as follows: Bertolini, Burch, Day, Donnell and Grill voted “aye”.
Brandt and Deile voted “nay”. Five “ayes” and two “nays”. Motion carried.
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ADMINISTRATIVE / DISCUSSION ITEMS
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Change Order #4 to MWH Americas Work Authorization UEP-5C, Southwest 5
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Public Works Director Pavlos responded to Ms. Rosko’s question, why the replacement of the pipe was not covered under the original three-year guarantee. He displayed a map of the area in question and explained the necessary modifications.
Council Member Day moved, seconded by Council Member Grill to approve Change Order #4 to MWH Americas Work Authorization UEP-5C, Southwest 5 Construction adding the amount of $1,083,334.00 to the contract total and 224 calendar days to the contract time.
Council Member Deile stated he was not convinced the work was necessary. He asked if the deteriorated pipe was duct tile and not PVC.
Public Works Director Pavlos responded in the affirmative.
Council Member Deile addressed the concern of possible leaks. He stated the fact that there is no way to bypass the 42” main leads him to think that perhaps it was not designed correctly. He asked whether or not there was a budget amendment required for this item.
Public Works Director Pavlos noted that there would be a budget amendment required.
Council Member Deile stated he felt the price for the pipe at $242.00 per linear foot was excessive. The pipe for Southwest 4 was only $239.00 per linear foot. Information that he has been furnished indicates that at the time Southwest 4 was done the average price was between $78.00 and $120.00 per linear foot. He stated he was disturbed with the cost of 300 administrative hours for Phase II; this seems to be excessive support for only 500 feet of pipe. He noted that the percentage mark-ups appear to be in line with what the City has paid before.
Council Member Brandt asked what year the 42” main was installed.
Public Works Director Pavlos responded in 1992.
Council Member Brandt stated he wished there was another way of doing this due to the cost.
Public Works Director Pavlos explained that they would have to drain the plant if there was a break in the line. They have signs that there are potential problems, and it makes sense to go in and do the work. He noted that the 42” line was not part of the Construction Manager at Risk process. He addressed the cost for the construction work.
Council Member Grill asked how many other force mains there were from the early 1990’s that do not have valves and could cause problems later on.
Public Works Director Pavlos responded this was the only line feeding the plant, and it should have had a valve in it.
Council Member Grill asked if there was any was to test the pipe for damage.
Public Works Director Pavlos responded in the affirmative. He explained how testing the pipe could cause a failure.
Council Member Bertolini noted that this problem was caused 16 years ago by CDM and not by MWH. She expressed her desire to get the work done so that 1/3 of 170,000 residents do not have facilities in the future because Council did not act on this item.
Council Member Donnell asked the City Manager to make sure that all agenda request forms that come forward to Council have the box checked regarding whether or not a budget amendment is required. He expressed his support for the item.
City Manager Stewart addressed the fines involved from the Department of Environmental Protection if the recommended work was not done.
Council Member Deile noted that the Engineer’s estimate was $250,000.00 and the low bid was $367,000.00. He asked why the Engineer’s estimate came in so much lower.
Public Works Director Pavlos explained why the Engineer’s estimate was lower.
Mayor Burch noted the work did not just involve the 500 feet of linear pipe; there is a lot more work involved.
Council Member Deile asked if this was a “not to exceed amount”.
Public Works Director Pavlos explained that Phase I, the by-pass, is a guaranteed maximum price. Phase II is a rough order of magnitude.
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
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CDBG Program Monitoring - Department of Community Development
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CDBG/SHIP Team Coordinator Yearsley stated the City entered into a contract with Lee H. Combs Consulting to conduct Program Monitoring of all of the City’s 2007-2008 and 2008-2009 CDBG sub-recipients. The purpose of the monitoring was to ensure compliance with the agency’s contract with the City of Cape Coral and also with Federal statutes governing this program. The monitoring results for one agency, Cape Coral Housing Rehabilitation & Development Corporation, coupled with the agency’s financials, were a source of concern for staff which has resulted in the discussion before you this evening. The primary concerns were that proper documentation was not provided within the agency’s client files that proved that the funds were used in accordance with Federal statutes to assist low-income individuals. It is important to note that we are not saying that there was any improper use of these funds, just that from the files the Monitor was unable to determine client eligibility which is required under their contract with the City of Cape Coral. The CDBG program works on a reimbursable basis which means that the agency must pay its contractors and then provide proper documentation to the City in the form of cancelled checks and inspection reports for reimbursement. The agency indicated to the City that they no longer have a line of credit to operate from, which impedes their ability to work on a reimbursable basis and complete units in accordance with their contract. Since the preparation of the agenda package staff has met with the agency to discuss their future. Subsequently, the agency provided formal written notification that they will be closing the rehabilitation portion of their agency as of January 31, 2009. The Executive Director sent an email to each of the Council members this afternoon regarding this decision and asking that they approve staff’s recommendation. Based on staff’s concerns and this new information, they recommend that all contracts with this agency be terminated as of January 31, 2009. This will allow for the completion of current projects under construction and final reporting requirements. Staff is currently working with another not-for-profit agency to take over this particular program which we believe is an important program for maintaining the integrity of our housing stock and providing neighborhood stabilization. She recognized the Cape Coral Housing Rehabilitation & Development Corporation for their hard work and dedication to the City’s low income residents over the past several years.
Council Member Bertolini voiced her concerns about the last paragraph of Attorney Adamski’s letter to the City Manager dated December 11, 2008.
Council Member Bertolini moved, seconded by Council Member Day to approve the termination of all contracts with Cape Coral Housing Rehabilitation and Development Corporation as of January 31, 2009.
City Manager Stewart informed Council that staff would be bringing back a request for approval of a replacement agency.
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
Public Works Director Pavlos stated this is a Work Authorization to provide a perimeter privacy wall at three City facilities. He reviewed the purpose of the proposal.
Council Member Day moved, seconded by Council Member Grill to approve MWH Americas Work Authorization WW-1C.5 for the installation of the solid panel perimeter privacy wall around the Everest Water Reclamation, North Cape Reverse Osmosis and Southwest Water Reclamation Facilities in the amount of $2,776,638.00
Council Member Donnell asked if the City would receive a savings by doing all three facilities.
Public Works Director Pavlos answered in the affirmative. He pointed out that the Program Manager did not accept the low bid; they were found to be a non-responsive bidder since they did not provide a bid bond.
Council Member Brandt voiced his concerns about the price of the project. He noted the overhead, which is the difference between the construction cost and the total cost, was at 39.3%. He stated he felt that percentage was exorbitant. He suggested putting the project off for several years.
Council Member Deile stated he felt the cost of $220.00 per linear foot was expensive for a concrete wall. He addressed comments made by Mr. Riggs of the Financial Advisory Committee regarding the project. He noted that this item was brought to Council last year and they did not approve it; he does not believe they should approve it this year.
Council Member Grill asked Mr. Pavlos to explain the details of the wall.
Public Works Director Pavlos explained the wall is a solid precast wall with panels and is 8 feet high.
Council Member Grill asked what the thickness of the wall is.
Public Works Director Pavlos responded the wall meets the hurricane codes.
Council Member Grill withdrew his second.
Council Member Donnell asked that Mr. Barth address the Everest Parkway location.
John Barth, resident, explained that the area exposed to Everest Parkway has been a disaster for many years. The present fencing is partially damaged in various areas. Access into the Utility Division is totally guarded. He stated the residents across the road from the project have been suffering with the demolition of the fire station, the excavation, machinery running 24 hours a day, intense lighting, etc.
Council Member Bertolini seconded the motion on the floor.
Larry Laws, MWH, noted that the wall is 8 inches thick at the top and 4 inches in the body of the wall. He described the construction of the wall.
Council Member Deile asked the City Manager if this type of project would be amenable to an assessment in the areas around the plants.
City Manager Stewart explained that this was more of a security issue.
Public Works Director Pavlos clarified that this was not General Fund money. He
explained that General Fund money was budgeted to extend the wall, and that was reduced to $150,000.00.
Council Member Grill asked if Mr. Deile was correct that the cost for the wall would be $220.00 per linear foot. He stated this is the same type of wall you would find around any gated community and is not worth $220.00 per linear foot.
Council Member Day withdrew his motion.
Mayor Burch explained that he had trouble with the PS1 fee of $89,000.00. He expressed his feeling that the PM contingency fee of 7% was too high. He stated he did not think Council had enough information regarding the project. He asked Council Member Brandt how he came up with 39.3% for overhead.
Council Member Grill asked how many people bid on the project. He stated he would like to see the project re-bid.
Council Member Bertolini suggested that if Council members had questions or discontent with a particular project they make that perfectly clear to staff and the City Manager before the item comes to a Council meeting.
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Discussion of Ordinance 128-08 Previously Adopted on November 24, 2008 |
Property Broker Andrews reviewed the history of Ordinance 128-08 regarding the tower lease renewal at the Police/Fire Administration Building. She asked for Council’s approval of the Ordinance as submitted in its original format.
Assistant City Attorney Miller explained why they were bringing the Ordinance back in its original format.
Council Member Grill moved, seconded by Council Member Deile to approve the lease renewal as originally negotiated and presented in the Ordinance.
Council polled as follows: Bertolini, Day, Deile, Donnell and Grill voted “aye”. Burch voted “nay”. Five “ayes” and one “nay”. Motion carried.
Financial Services Director Mason explained that over the course of the last several months as the economic climate continues to worsen, staff has noticed that there are many property owners who have come in to connect to the utility system but cannot meet the current terms of financing the capital expansion fees. He stated the Hardship Program has been in place since the early 1990’s and many people have taken advantage of it.
· Recommendation: Allow staff to approve hardship applications in advance of the loan, apply the hardship to the property in accordance with the resolution and HUD and report the number of hardship applications to Council quarterly without bringing them to Council for final approval. In addition, for those customers that are approved for the hardship program that staff be allowed to waive the deposit on connection.
He stated the current policy for capital expansion fee loans is 15% down payment with six year financing and annual billing. In addition, current policy does not allow for the financing of the capital expansion fee following the 180 day time limit for connection.
· Recommendation: Allow staff to offer 0% down payment or any amount of down payment that the property owner feels comfortable with and finance over six years. In addition, allow staff to offer financing for those properties that have exceeded the 180 day compliance period.
He noted that the meter fee and deposit is due and payable upon application to connect to the utility system. Over the past year, staff has discussed the meter fee issue with Council about authorizing the meter fee collection over a twelve month period. With respect to the deposit, staff has considered the option of allowing payment over two months. The deposit is $100.00.
· Recommendation: Allow staff to begin offering the option to pay the meter fee over a period of up to twelve months on the utility bill (some property owners may want a shorter period) and allow staff to split the deposit over two months for those customers who may want to do so.
He asked that they be authorized to implement the above changes tomorrow. Staff will bring forward the appropriate changes to the resolutions and ordinance at the January 12th and January 26th Council meetings.
Council Member Grill moved, seconded by Council Member Bertolini to direct staff to move forward with the above recommendations and bring them back to Council for final adoption in January.
Council Member Deile asked how far back they would go in allowing people to take advantage of the program.
Financial Services Director Mason responded they would allow everyone who needs it to take advantage of the program, including people with liens on their properties.
Mayor Burch expressed his support for the program.
City Manager Stewart stated Council might want to think about releasing the liens on properties that have not yet hooked up to the utilities when those individuals take advantage of the opportunity to hook up with 0% down.
Council polled as follows: Bertolini, Brandt, Burch, Day, Deile, Donnell and Grill voted “aye”. All “ayes”. Motion carried.
Brief discussion was held regarding the appointment process.
Council Member Bertolini nominated Gloria Tate.
Council Member Brandt nominated James Martin.
Council Member Deile nominated Philip Boller.
Council polled as follows: Bertolini/Tate, Brandt/Martin, Burch/Tate, Day/Tate, Deile/Martin, Donnell/Tate, and Grill/Martin.
Council Member Bertolini moved, seconded by Council Member Day to ratify the appointment of Gloria Tate for the District 1 Council seat.
Council polled as follows: Bertolini, Brandt, Burch, Day, and Donnell voted “aye”. Deile and Grill voted “nay”. Five “ayes” and two “nays”. Motion carried.
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Swearing in of Council Member for District 1
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Gloria Tate was sworn in as Council Member for District 1.
Mayor Burch congratulated Gloria Tate on her appointment and thanked all the candidates who applied for their efforts.
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REPORTS OF MAYOR AND COUNCIL MEMBERS
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Council Member Grill – reported over the weekend he attended Congressman Connie Mack’s Holiday party. He thanked everyone who helped him after his surgery.
Council Member Bertolini – Reviewed her wish list for the New Year:
Council meetings will no longer contain appointments to Council and/or Mayor.
A new and fresh approach will appear at Citizens Input.
Letters to the Editor will be read by everyone so that they are not repeated at Citizens Input.
Council meetings will move at a steady pace.
The issue of who and where members of staff are seated is no longer an issue.
The image of Cape Coral not be destroyed in Council Chambers by either side of this dais.
The word “respect” be treated equally on both sides of the dais.
Stop killing the trees with the endless copying and distribution of information.
Requests for information not date back to the Roman Empire.
Perhaps Citizens Input should be 5 minutes and limit the ability to speak to only once a month.
She wished everyone a Merry Christmas and a Happy, Healthy, Prosperous, and Peaceful New Year.
Council Member Brandt – reported he attended a meeting with staff and the Construction Industry concerning streamlining the PDP process, and things are moving ahead. He wished everyone a Merry Christmas and a Happy New Year.
Council Member Day – thanked Gloria Tate for submitting her name for the District 1 Council seat and wished her the best of luck. He wished everyone a Merry Christmas and a Happy New Year.
Council Member Deile – Welcomed Gloria Tate. He stated he would like to see new people participating in Citizens Input next year. He reported that he also attended Congressman Connie Mack’s Holiday party. He wished everyone a Merry Christmas and a Happy New Year.
Council Member Donnell – reported on the meeting he had with the Everest Homeowners Association. He thanked all the Buy Out employees who will be leaving at the end of the month for all their hard work and dedication. He congratulated Gloria Tate on her Council appointment. He reminded everyone to be thankful for their families and everything they have this Holiday Season.
Mayor Burch – congratulated Gloria Tate on her appointment to the District 1 Council seat. He asked that everyone keep Firefighter Sousa and Officer Chase in their prayers. He expressed his feeling that the Strategic Planning Session held last Friday was a very good meeting. He stated he hoped Council would continue to work together next year. He wished everyone a very safe and Happy Holiday.
Council Member Tate thanked the Council for appointing her to the District 1 seat and stated she hoped over time that she would earn their trust. She wished everyone a Merry Christmas, a Happy New Year, and a Blessed Holiday Season.
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REPORTS OF CITY ATTORNEY AND CITY MANAGER
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City Attorney Menendez – Congratulated Gloria Tate on her appointment. She wished everyone a very Happy Holiday Season.
City Manager Stewart – Congratulated Gloria Tate on her appointment. He stated he was extremely enthused with the progress made at the Strategic Planning Session. He reported that the Boat-A-Long will be held on Sunday, December 21st,, at 7:00 p.m. at Four Freedoms Park. He wished everyone a Merry Christmas and a Happy Holiday Season. He stated he was very grateful to live and work in the City of Cape and extremely grateful to work for this Council.
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TIME AND PLACE OF NEXT MEETING
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The next Committee of the Whole meeting was scheduled for Monday, January 12, 2009 at 3:00 p.m. in Council Chambers.
The next regular City Council meeting was scheduled for Monday, January 12, 2009 at 4:30 p.m. in Council Chambers.
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There being no further business, the meeting was adjourned at 8:56 p.m.
Respectfully submitted,
Bonnie J. Potter, MMC
City Clerk