MINUTES FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL
Monday, February 23, 2009
Council Chambers 4:30 p.m.
Council Member Bertolini moved, seconded by Council Member Day to adopt the Agenda.
Voice poll: All “ayes”. Motion carried.
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PRESENTATIONS
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Presentation on Police Accreditation for Law Enforcement
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Police Chief Petrovich introduced Sylvester Daughtry, Executive Director, Commission on Accreditation for Law Enforcement.
Sylvester Daughtry presented a brief history of his organization. He noted the Cape Coral Police Department was assessed from August 9th through 13th of 2008. During that assessment they looked at the City’s Police Department facilities, spoke with personnel, conducted a public forum, and verified standard compliance. As a result, they found the Cape Coral Police Department complied with all the standards over and beyond the requirements. He noted that out of 75 agencies doing their reviews on a quarterly basis only 10 or 12 police departments are selected as “Flagship” agencies. The City’s Police Department was found to be in compliance with 380 standards. He mentioned two programs that impressed them; 1) the Focus Meetings Program, and 2) the William Austin Youth Center. He noted the assessment team found that the employees of the Cape Coral Police Department “were extremely dedicated in serving the needs of the citizens of Cape Coral”. He presented a certificate to the Mayor, the City Manager, and Police Chief Petrovich.
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ORDINANCE 4-09 LU 08-01000019 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM PARKS AND RECREATION (PK) TO PUBLIC FACILITIES (PF) LAND USE FOR A PORTION OF LOT 10; ALL OF LOTS 11, AND A PORTION OF LOT 12, BLOCK 4859, CAPE CORAL SUBDIVISION, UNIT 74, ACCORDING TO PLAT BOOK 22, PAGES 111 THROUGH 131 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER (SW¼NW¼) OF SECTION 4, TOWNSHIP 45 SOUTH, RANGE 23 EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT 3415 OASIS BOULEVARD; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
Council Member Bertolini moved, seconded by Council Member Day 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, March 9, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 5-09 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION 2.7, DISTRICT REGULATIONS, TO AMEND THE VILLAGE ZONING DISTRICT TO DELETE THE SPECIAL REGULATION LIMITING THE SIZE OF GROSS FLOOR AREA FOR NON-RESIDENTIAL USES; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
Council Member Tate moved, seconded by Council Member Day to waive DPO.
Voice poll: All “ayes”. Motion carried
City Clerk Potter read the title of the Ordinance.
The First Public Hearing date was scheduled for Monday, March 9, 2009 at 5:00 p.m. in Council Chambers.
The Second Public Hearing was scheduled for Monday, March 23, 2009 at 5:00 p.m. in Council Chambers.
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ORDINANCE 7-09 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES CHAPTER 12, OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE IX, ABANDONED REAL PROPERTY; BY AMENDING SECTION 12-92, DEFINITIONS, TO ADD A DEFINITION FOR THE TERM “INSPECTION”; BY AMENDING SECTION 12-94, PENALTIES, TO PROVIDE FOR AN AFFIRMATIVE DEFENSE; BY AMENDING SECTION 12-97(A) AND (B), MAINTENANCE REQUIREMENTS; TO MAKE CLEAR THAT THAT MAINTENANCE REQUIREMENTS SET FORTH THEREIN APPLY ONLY TO THE EXTERIOR OF STRUCTURES; BY AMENDING SECTION 12-98(C) AND (D), SECURITY REQUIREMENTS, TO REDUCE THE FREQUENCY OF INSPECTIONS FROM BI WEEKLY INSPECTIONS TO MONTHLY INSPECTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE |
Council Member Tate moved, seconded by Council Member Day 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, March 9, 2009 at 5:00 p.m. in Council Chambers.
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*ORDINANCE 9-09 PDP 08-00800007 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "GRACE COMMUNITY SCHOOL" FOR CERTAIN PROPERTY DESCRIBED AS A PARCEL OF LAND BEING ALL OF LOTS 23 THROUGH 31, BLOCK 3215, CAPE CORAL SUBDIVISION, UNIT 66, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C"; PROPERTY LOCATED AT 2931 SW 8th PLACE AND 2932 SKYLINE BOULEVARD; GRANTING A VACATION OF PLAT FOR A PORTION OF A 20 FOOT WIDE ALLEY AND ALL UNDERLYING AND ADJOINING EASEMENTS AS DESCRIBED IN EXHIBITS "A" AND "B"; GRANTING A SPECIAL EXCEPTION FOR A CHILDCARE FACILITY/PRESCHOOL/ KINDERGARTEN USE IN A RESIDENTIAL DEVELOPMENT (RD) ZONING DISTRICT; GRANTING SITE PLAN APPROVAL FOR PURPOSES OF 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 PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. |
Council Member Tate moved, seconded by Council Member 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, March 9, 2009 at 5:00 p.m. in Council Chambers.
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RESOLUTION 3-09 VP 07-00600016 A RESOLUTION PROVIDING FOR THE VACATION OF PLAT FOR STREET RIGHTS-OF-WAY AND UNDERLYING AND ADJOINING EASEMENTS BEING PORTIONS OF SW 34TH TERRACE, SW 35TH STREET, SW 35TH TERRACE, SW 36TH STREET, AND SW 16TH PLACE, ALL LOCATED IN CAPE CORAL SUBDIVISION, UNIT 70, AS MORE PARTICULARLY DESCRIBED HEREIN; PROPERTY LOCATED AT SW 34TH TERRACE, SW 35TH STREET, SW 35TH TERRACE, SW 36TH STREET, AND SW 16TH PLACE BETWEEN CHIQUITA BOULEVARD SOUTH AND SW 17TH AVENUE; PROVIDING AN EFFECTIVE DATE.___________________________________________________ |
City Clerk Potter read the title of the Resolution.
Public Input date was scheduled for Monday, March 9, 2009 at 5:00 p.m. in Council Chambers.
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RESOLUTION 7-09 A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DELINQUENT PUBLIC NUISANCE ABATEMENT COSTS; PROVIDING FOR THE PRIORITY OF SAID LIENS; PROVIDING FOR A THIRTY DAY PREPAYMENT PERIOD PRIOR TO RECORDING OF THIS RESOLUTION; PROVIDING A LIMITATION PERIOD FOR CONTESTING THE LIEN; PROVIDING AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Resolution.
Public Input date was scheduled for Monday, March 9, 2009 at 5:00 p.m. in Council Chambers.
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RESOLUTION 9-09 A RESOLUTION ESTABLISHING THE POLICY AND CRITERIA FOR THE REDUCTION OF CERTAIN CODE ENFORCEMENT LIENS IMPOSED AS A RESULT OF VIOLATIONS OF THE CITY OF CAPE CORAL'S CODE OF ORDINANCES AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A SATISFACTION OR RELEASE OF LIEN OR PARTIAL SATISFACTION OR PARTIAL RELEASE OF LIEN; PROVIDING AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Resolution.
Public Input date was scheduled for Monday, March 9, 2009 at 5:00 p.m. in Council Chambers.
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RESOLUTION 10-09 A RESOLUTION OF THE CAPE CORAL CITY COUNCIL AUTHORIZING A CODE ENFORCEMENT LIEN WAIVER/AMNESTY PROGRAM FOR ALL CODE LIENS REGARDLESS OF WHEN IMPOSED FROM THE EFFECTIVE DATE OF THIS RESOLUTION THROUGH DECEMBER 31, 2009; PROVIDING AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Resolution.
Public Input date was scheduled for Monday, March 9, 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 clarification on Consent Agenda Items 2(b), 3(a), (b) (c), (e), and (f).
Council Member Donnell pulled Item 3(c).
Council Member Tate moved, seconded by Council Member Day to approve Consent Agenda Items 1 (a), (b), 2 (a), (b), 3 (a,) (b), (d), (e), (f), (g), (h), (i), (j), and (k).
Property Broker Andrews responded to Ms. Rosko’s question regarding Item 3(c). She noted the address of the subject property.
Assistant City Attorney Lupe addressed Items 3(e) and (f). He explained why both cases involved quick takes.
City Manager Stewart asked Ms. Andrews when the actual work on the quick takes began.
Ms. Andrews reviewed the pertinent dates involved with Items 3(e) and (f).
Council Member Donnell asked Ms. Andrews for clarification on Item 3(c).
Ms. Andrews displayed a site plan of the subject property and reviewed the history of the eminent domain case along with the costs involved. She addressed the additional costs that would be incurred if Council denied the Mediated Settlement Agreement and the case went to trial.
Brief discussion was held regarding Item 3 (c).
Council Member Bertolini noted that Ms. Rosko also had questions about Items 2(b), 3 (a) and (b).
Ms. Andrews reviewed Items 3(a) and (b), Permissive Use License Agreements.
Parks & Recreation Director Pohlman reviewed Item 2(b), award of bid for the irrigation booster pump systems for the BMX Softball Park and the Pelican Baseball Park.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes”. Motion carried.
Council Member Donnell moved, seconded by Council Member Tate to approve Consent Agenda Item 3 (c).
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt and Burch voted “aye”. Day voted “nay.” Six “ayes” and one “nay”. Motion carried.
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Petition to Council regarding four (4) way stop signs at several intersections in the City
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Paul E. Barnes addressed Council regarding his request that the City install four-way stop signs at several intersections within the City. He noted that in June of 2007 he and his girlfriend purchased the property located at 921 Southwest 51st Terrace. They noticed shortly after moving into their home that traffic was fast for a residential street that had no commercial use and all dead ends. He noted the City’s Police Department is very well aware of the speeding problems since he has spoken at length with Chief Petrovich and former Sergeant Bronston, as well as everyone else in the Traffic Division. He stated he has tried to get the residents on his street to slow down. The issue comes down to one of life safety. He commented that there was absolutely no reason why his street that is .6 miles long should not have four-way stop signs. He explained that he has also tried to get the Department of Transportation to install stop signs on this street and his request was denied. He stated I feel, as all my neighbors do, that residential streets in the Cape where there is a 30 mile per hour speed limit and the street is over a half mile long and has intersecting streets should have four-way stop signs so that dog walkers, children, bikers, runners, and women with strollers can walk down the street safely. After taking down the license numbers of speeders, I am being harassed by several of my neighbors to the point where I have to keep firearms out in the open to protect my family. I have lived here for 19 years, paid taxes, and supported everybody on this Council. He expressed his respect for City Manager Stewart because he always says what he means. He stated the situation has escalated to violence on more than two occasions, and the Police Department is well aware of this. He explained why he felt it would be cost effective for the City to install four-way stops signs. He noted that Southwest 28th Street between Chiquita and Skyline Boulevards was shut down at the bridge because of excessive speeding; that street is .9 miles long. The traffic speeds in his residential area get up to 40, 50, and 60 miles everyday. He urged Council to consider four-way stops at the intersections of any streets that are over 1/2 mile long.
Council Member Tate noted that all of the cross streets do have stop signs going in. She asked that the City’s Transportation Manager address the issue.
Transportation Manager Neff explained why installing stop signs that do not meet the warrants are not beneficial and have a negative affect. He noted that a speed study provided of the area showed that 85% of the residents were travelling at or below 33 miles per hour.
Council Member Day questioned the number of speeders resulting from the use of the radar gun.
Mr. Barnes explained that the bracket times in their neighborhood where the speed is excessive to the point that somebody is going to lose their life is between 6:00 and 9:00 a.m. and 3:00 and 6:00 p.m. every single day. He disagreed with the comments made by Mr. Neff about stop signs having a negative affect.
Council Member Day asked if this matter could be sent back to the Transportation Advisory Commission for review. He asked Mr. Barnes to supply Council with his numbers of the speeders. He also requested that the Police Department record the speeds between 6:00 and 9:00 a.m. and 3:00 and 6:00 p.m.
Council Member Day moved, seconded by Council Member Tate to send this matter back to the Transportation Advisory Commission for review. Mr. Barnes is to supply Council with his numbers of speeders, and the Police Department shall record the speeds between 6:00 and 9:00 a.m. and 3:00 and 6:00 p.m.
City Manager Stewart explained that the City has not ignored this situation; they will put the trailer back again and be certain to record the specific times Mr. Barnes has referred to. He noted that a few individuals in the area were creating the greater portion of the problem.
Mr. Barnes stated regarding the two streets in question, Southwest 51st Terrace and Southwest 52nd Street, the Cape Coral Police Department has known about the excessive speeding on these streets for a very long time. He expressed his concerns about the possibility of his three children getting killed by a speeder.
Council Member Tate asked Mr. Neff to obtain any information from the Police Department regarding vehicles ticketed in the area. She also requested that a traffic study be done at the peak hours of the day and a police officer be stationed on El Dorado Parkway to give out speeding tickets. All of this information needs to be available for the TAC meeting.
Further discussion was held regarding the Petitioner’s request.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes”. Motion carried.
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Gary King, resident, read into the record his comments regarding the City’s financial situation and budget shortfalls. He discussed the possibility of the City increasing taxes, fees, and assessments.
Lynn Rosko, resident, read into the record the remainder of Mr. King’s comments regarding taxes, fees, and assessments. She asked Council to instruct the City Manager not to create new taxes and instead implement as much of the $54 million cost reduction recommendation as possible. She suggested that Council make it clear that any reductions in core police and fire services are unacceptable.
Marti Daltry, resident, voiced her support of a strong fertilizer ordinance for Cape Coral. She read a letter sent to Council dated January 16, 2009 into the record regarding organizations concerned with water quality in the City. She urged Council to adopt the same strong fertilizer ordinance that was adopted by Lee County.
Carl Veaux, resident, expressed his support for a strong fertilizer ordinance along with the support of the 1,533 members of the Cierra Club.
Mary Ann Parsons, resident, representing Cape Water Action, urged Council to adopt the same strong fertilizer ordinance adopted by Lee County. She mentioned the cost savings of adopting the existing Lee County ordinance, reviewed the importance of consistency, and noted the need to keep the ordinance simple. She commented that the University of Florida has found that 60% of our water pollution comes from excessive improper fertilizer applications.
Robert Dudley, resident, stated he had an opportunity to tour the City’s utilities facilities and was very impressed with staff’s knowledge. He also addressed the sidewalk crews and the challenges they faced with the City’s reduction in force.
John Sullivan, resident, addressed Council regarding the need to cut back on unnecessary spending during the current recession. He expressed his opinion that the City was heading in the wrong direction; it is imperative that they change course or they will be facing some very rough, dangerous economic seas.
Beverly Saltonstall, member of the Cape Coral Friends of Wildlife, urged Council to pass a strong fertilizer ordinance. She stated the City’s largest asset is its water supply. If development is allowed to reach the projected 450,000 both the canal and drinking water quality will continue to deteriorate.
Jessica Stubbs, Conservancy of Southwest Florida, expressed their support of a strong fertilizer ordinance in order to preserve and protect Southwest Florida’s unique natural environment and quality of life.
B. J. Gerald, representing Alva, Inc., expressed their support of a strong fertilizer ordinance. She urged Council to adopt the ordinance before the rainy season begins in June.
Michael Buchinski, resident, addressed Council regarding his concerns about employee overtime. He discussed a February 9th News Press article entitled “Cape Coral May Consider Hikes to Offset Dropping Property Taxes”. He suggested the City commence with layoffs now; there are too many layers of fat in the City administration. He suggested the layoffs start first with the Public Information Officer. The City should also look at trimming the City Attorney’s Office since they have far too many attorneys. He also recommended that the City not spend $27,000.00 on a study of the Cape Coral Golf Club.
Dan Sheppard, resident, stated he was receiving a lot of calls regarding trees in the swales; he asked Council to make a decision on the matter. He noted that Royal Palms have been planted in mediums, and he was denied a request to plant them in the mediums. He also asked the City to do something about the illegal selling of trees.
Council Member Tate addressed Mr. Sheppard’s comment about the illegal selling of trees and asked the City Manager to look into the situation. She expressed her concerns about inaccurate information being stated at Council meetings. She noted that it is the responsibility of the City Manager and the Financial Services Director to educate Council regarding the City’s budget. She stated she felt it was time for the citizens to ask themselves “what do I want from the City?, what can I use that is free? and what am I willing to pay for?”. The most important issue Council will tackle this coming year is the budget. She explained that the Councilmembers are trying to educate themselves about diversifying the City’s revenues and expenses. She thanked Mr. Dudley for his positive comments regarding the City.
Council Member Day informed Mr. Sheppard that he was working on a peddler ordinance which should be coming back to Council shortly. He addressed the budget and noted that 52% of the General Fund was for public safety. He explained that if they closed a fire station, they would sacrifice a life due to increased response times.
Council Member Bertolini explained that the $27,000.00 study mentioned by Mr. Buchinski was not about the Golf Course; it is a study to determine whether or not the area around the Golf Course would qualify to be brought into the CRA District. If the blight is found and it is determined that that area around the Golf Course can be brought into the CRA District then they will refund the $27,000.00 to the City. That will also open up the door for them to continue with the Land for Public Trust so that the Trust can purchase the property and then sell it to the CRA. She also suggested that Mr. Sheppard follow the law and not plant trees in the swales.
Council Member Donnell encouraged everyone to educate themselves about both sides
of City issues and to communicate with those who have the knowledge. He thanked Mr. Dudley for his positive comments about the City.
City Manager Stewart thanked Mr. Dudley for the time he invested in learning about the City. He addressed Mr. King and Ms. Rosko’s comments about a call to action for tax control, increases in spending, and an alleged $40 million increase in taxes. He explained the alternative tax revenue plan and why it was important to diversify the City’s revenues. He stated that property taxes in the area make up 65% of the City’s revenues; in most communities taxes make up 30-35%. In an area where real estate and construction are the largest part of the industry and something happens to harm the economy, our City gets hit twice as bad as other communities. He expressed his feeling that something needs to be done in order to keep the City from being so deeply harmed whenever there is a downturn in the economy. He noted that the City’s budget has been reduced by almost $23 million over the last three years. The State of Florida is number 47 in the nation regarding the amount of taxes paid by residents; 46 states have higher taxes. The City has not had a new program in their budget in three years. He explained that the City’s Kaizen Lean Government Initiative resulted in a $2 million savings. The City is cutting back on employee overtime. He stated they are not spending the taxpayers’ money carelessly.
Council Member Tate addressed Mr. Sullivan’s comment regarding the MWH privacy wall. She also informed Mr. Buchinski that the duties of two positions were incorporated into the Public Information Officer’s job, and she is on call 24 hours a day.
Mayor Burch addressed employee overtime. He explained that some of the overtime was due to providing security at various City activities. He also discussed issues regarding the City’s budget.
Council recessed at 6:33 p.m. and reconvened at 6:52 p.m.
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APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
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Interview and appoint one member to the Municipal Firefighters' Pension Trust Fund Board of Trustees
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Interview of Applicants
Randall Hart
Stephen Qua
Council Member Bertolini nominated Stephen Qua.
Mayor Burch nominated Randall Hart.
Council polled as follows: Donnell/Qua, Grill/Qua Tate/Hart, Bertolini/Qua, Brandt/Qua, Burch/Hart, and Day/Hart. Three votes for Randall Hart and four votes for Stephen Qua.
Mayor Burch announced that Stephen Qua was appointed to the Municipal Firefighters’ Pension Trust Fund Board of Trustees.
City Attorney Menendez asked Mr. Qua if he was a member of the City’s Audit Committee.
Mr. Qua responded in the negative.
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PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES
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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 Ordinance 132-08 is a publicly initiated rezoning application. The City is requesting to rezone Block 1060, Lots 1-42 within the City Centrum area. He stated on February 9, 2009 the first of two public hearings was held; staff gave a presentation on this matter at that time.
Public Hearing opened.
Mike McLinn, resident, voiced his concerns that the sponsor of this ordinance no longer supported it. He expressed his opposition to the ordinance stressing increased noise and traffic and the decrease in property values in the area. He addressed hardship, privacy, and buffering issues. He reviewed the history of the ordinance, conversations he had with City staff, and statements made by the members of the Planning and Zoning Commission. He discussed the responses he received from various Councilmembers regarding the proposed rezoning. He informed Council that no signs were posted at the site as required by the City’s Charter.
William Nolan, WPN & Associates, stated he represented the original owner of Lots 5-8. He spoke with Mr. McLinn who acknowledged that he had no problem with these four lots being rezoned; his main concern was the entire block being rezoned. He explained that the issue here was very simple; if the City does not go forward with City Centrum then the property needs to be changed back to multi-family land use and R-3 zoning. If City is going to continue with City Centrum then they need to move this ordinance forward.
Public Hearing closed.
Council Member Grill moved, seconded by Mayor Burch to deny Ordinance 132-08.
Council Member Grill addressed Council’s discussion regarding Ordinance 132-08 at their Committee of the Whole meeting. He agreed that this would be spot zoning whether they just approve Lots 5-8 or the entire block. He expressed his concerns regarding access to the subject property.
Council Member Donnell asked how Council could reconsider this ordinance.
City Attorney Menendez explained this is not technically a re-consideration in the sense of Roberts’ Rules. Council decided by an 8-0 vote to bring the ordinance back totally rather than as a re-consideration.
Council Member Donnell asked if the City had legally notified everyone.
Acting Planning & Growth Management Division Manager Struve responded letters were sent out to all the property owners within 500 feet of the subject property. The City did advertise in the Breeze. He noted he could not confirm whether or not there was a sign posted on the block in question.
Discussion was held regarding whether or not the City legally notified the property owners.
Council Member Tate explained why she felt the four blocks in question should be rezoned. She expressed her support of the ordinance.
Council Member Grill mentioned that if this matter was coming back as a new ordinance, it should have gone to the Planning & Zoning Commission first.
City Attorney Menendez reviewed the history of Ordinance 132-08. She noted the City’s Land Use & Development Regulations do require that a sign be posted on the property.
Discussion was held regarding whether or not the required sign was posted on the property.
Council Member Grill withdrew his motion. Mayor Burch withdrew his second.
Council Member Grill moved, seconded by Council Member Tate to continue Ordinance 132-08 to the March 9, 2009 meeting.
Further discussion was held regarding notification.
Council Member Grill asked that all paperwork be in order for future cases.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes”. Motion carried.
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ORDINANCE 2-09 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 5, CAPE CORAL TRANSPORTATION ADVISORY COMMISSION, SECTION 2-117, CREATION; COMPOSITION, TERMS OF MEMBERS; VACANCIES, TO ADD AN ALTERNATE MEMBER TO THE CAPE CORAL TRANSPORTATION ADVISORY COMMISSION AND TO CLARIFY THAT ALL MEMBERS OF THE COMMISSION ARE ELIGIBLE FOR REAPPOINTMENT UPON EXPIRATION OF THEIR TERMS OF APPOINTMENT; AMENDING SECTION 2-120.1, QUORUM, TO PROVIDE THAT THREE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
Assistant City Attorney Lupe reviewed the three changes to Ordinance 2-09 as requested on December 17th by the Transportation Advisory Commission.
Public Hearing opened.
No speakers.
Public Hearing closed.
Council Member Bertolini moved, seconded by Council Member Grill to adopt Ordinance 2-09.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch, and Day voted “aye”. All “ayes”. Motion carried.
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ORDINANCE 6-09 AN ORDINANCE AMENDING THE CITY OF CAPE CORAL’S CODE OF ORDINANCES, CHAPTER 8, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE PREVENTION CODE, BY AMENDING SECTION 8-10, CITY OF CAPE CORAL FIRE PROTECTION CODE TO REMAIN CONSISTENT WITH THE 2006 EDITION OF THE NATIONAL FIRE CODES; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.___________________________________________________ |
City Clerk Potter read the title of the Ordinance.
Fire Chief VanHelden reviewed the changes to the Fire Prevention ordinance.
Public Hearing opened.
No speakers.
Public Hearing closed.
Council Member Bertolini moved, seconded by Council Member Grill to adopt Ordinance 6-09.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes.” Motion carried.
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RESOLUTION 8-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. |
City Clerk Potter read the title of the Ordinance.
CDBG/SHIP Team Coordinator Yearsley stated Resolution 8-09 adopts amendments to the City’s Local Housing Assistance Plan. She explained as required by State Statutes, the City has 90 days from the adoption of their Local Housing Incentive Plan to revise their LHAP accordingly. City Council approved the City’s Local Housing Incentive Plan on December 1, 2008. The approved recommendations by Council are set forth in the amendment proposed today. She reviewed several revisions/amendments made to the Plan and noted that the changes were unanimously approved by the Affordable Housing Advisory Committee at their February 4th meeting. She stated the Planning & Growth Management Division recommends approval of the resolution.
Public Input opened.
No speakers.
Public Input closed
Council Member Bertolini moved, seconded by Council Member Tate to approve Resolution 8-09.
Council Member Donnell thanked Ms. Yearsley for her efforts.
Mayor Burch stated he felt this was a perfect example of the City attempting to assist its residents in need.
Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes”. Motion carried.
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ADMINISTRATIVE / DISCUSSION ITEMS
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Discussion on Resolution 51-08
Acting Planning & Growth Management Division Manager Struve explained that Resolution 51-08 involves the vacation of an unimproved alley on a block along Skyline Boulevard north of Veterans Parkway. This resolution was originally scheduled for December 1, 2008 and at the request of the applicant was continued to March 2, 2009. He noted that under the City Council’s new schedule, March 2, 2009 is a Workshop meeting. Staff is recommending rescheduling this case to the March 23, 2009 Council meeting.
Council Member Grill moved, seconded by Council Member Tate to re-schedule Resolution 51-08 to the March 23, 2009 meeting. Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch and Day voted “aye”. All “ayes”. Motion carried. Discussion on Lee County Day in Tallahassee
Mayor Burch explained that Lee County Day in Tallahassee gives us the opportunity to lobby our representatives in Tallahassee. He noted the importance of attending the event. Heather Mazurkiewicz, Cape Coral Chamber of Commerce, reported that the cost of the trip is $575.00 per individual ($475.00 if you share a room). She noted the dates of the event and reviewed the itinerary.
Mayor Burch expressed his support for the trip. He addressed the need to formulate a plan to try and secure funds for the City. Council Member Bertolini encouraged the Councilmembers to attend. She stated she felt at least one Councilmember should attend the event along with one staff member. Council Member Tate suggested one of the Councilmembers who are going to be on Council for the next two years attend the event along with the City Manager. Mayor Burch stated he would like to attend the Lee County Day in Tallahassee. City Manager Stewart informed the Councilmembers that he has attended the event every year except one since he has been with the City; he warned everyone to bring a comfortable pair of walking shoes since they will be kept very busy.
Council Member Tate moved, seconded by Council Member Donnell to allow one or more Councilmembers to attend the Lee County Day in Tallahassee. Council polled as follows: Donnell, Grill, Tate, Bertolini, Brandt, Burch, and Day voted “aye”. All “ayes”. Motion carried.
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REPORTS OF MAYOR AND COUNCIL MEMBERS
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Council Member Grill – no report.
Council Member Tate – no report.
Council Member Bertolini – reported she entertained a Special Populations group of around 20 residents allowing 8 of them to hold a mock Council session; she complimented Bonnie McFarland and her group for their interaction. She attended the Burrowing Owl Festival on Saturday and it was very successful; over 5,000 people attended the festival. At the Burrowing Owl Festival the Greyhound Rescue group asked for assistance with abandoned dogs; she asked them to get in touch with Council Member and Mrs. Brandt since they are so active with Animal Services.
Council Member Brandt – thanked Council Member Bertolini for referring the Greyhound Rescue group to him noting that he and his wife will meet with them. He announced that the next meeting of the North Spreader Ecological Management Agreement was scheduled for this Thursday. He explained to the residents that the camera behind the dais was no longer working and was so outdated the City could no longer find parts for it; it was not a City policy not to show the residents speaking at the podium.
Council Member Day – recommended that everyone keep a positive attitude regarding the North Spreader matter. He wished Mark Mason good luck in his meeting tomorrow.
Council Member Donnell – Announced he attended the Mayor’s Scholarship night at Cultural Park Theater last week and it was a very nice event. He gave an update on the project the Human Services Council was working on. He reported he sat in on the Citizens’ Academy meeting last week. He also attended the Iwo Jima Memorial yesterday and many of the residents commented to him about how much they love this City.
Mayor Burch – thanked Council Member Brandt for the North Spreader update. He also thanked Council Member Donnell for stepping in for him as the Mayor Pro Tem and attending events that he could not attend. He reported he attended a reception last week where the speaker was the daughter of Israel’s Moshe Dayan. He stated she spoke about her desire for peace in the Middle East; she also asked him about the City’s utility program and explained they a lot of their turmoil is based on the water supply. Reported this past week he attended the MPO and Southwest Regional Planning Council meetings concerning the stimulus package. He attended the CRA meeting last week and will get a report out to Council on the outcome of that meeting. He attended the Burrowing Owl Festival and was amazed at the wonderful art work from the students of Cape Coral. He reported he gave his “State of the City” at the Chamber luncheon last week. He also attended a luncheon with the Cape Coral Daughters of the American Revolution and Pauline’s 103rd birthday party last week. He and his family rode in the Edison Parade Saturday evening; it was a very positive experience.
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REPORTS OF CITY ATTORNEY AND CITY MANAGER
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City Attorney Menendez – no report.
City Manager Stewart – reported over the past several months he has worked out in the field with various City employees. He worked on a dredge crew, rode with Code Enforcement Officers, and last Thursday he was out working at the RO plant. He noted it was nice to be working with good, honest, hard-working individuals.
Council Member Tate suggested the Councilmembers all ride together in one vehicle during the Celebrate Cape Coral Parade.
Council Member Bertolini reminded everyone that the Gulf Coast Symphony was scheduled for Saturday at the Cultural Park Theater.
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Time and Place of Next Meeting
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The next Council Workshop meeting was scheduled for Monday, March 2, 2009 at 4:30 p.m. in Council Chambers.
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There being no further business, the meeting was adjourned at 8:32 p.m.
Respectfully submitted,
Bonnie J. Potter, MMC City Clerk