Level 1

CONSENT AGENDA

Procurement Items:

Recommendation to approve the sale of surplus Fire Department stairs to the Bonita Springs Fire Control and Rescue District, Fire Department, Dollar Value: $1.00 - APPROVED

Mayor/Council Members

John J. Sullivan, Mayor

Kenneth(Marty)McClain, District 1

Peter Brandt, District 2

William Deile, District 3

Chris Chulakes-Leetz, District 4

Erick Kuehn, District 5

Kevin McGrail, District 6

Derrick Donnell, Ed.D. District 7

1015 Cultural Park Blvd.

Cape Coral, FL

City Manager

Carl L. Schwing

City Attorney

Dolores Menendez

City Auditor

Dona J. Newman

City Clerk

Bonnie Potter

AGENDA FOR THE REGULAR MEETING OF THE

CAPE CORAL CITY COUNCIL

Monday, March 29, 2010

4:30 PM

COUNCIL CHAMBERS

In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty-eight (48) hours prior to the date of the meeting.

Persons wishing to address Council under Citizens Input are asked to fill out a Citizens Input Form. Persons wishing to speak regarding a Consent Item are asked to fill out a Consent Input Form. These forms are available on the internet at http://www.capecoral.net or on the dais in Council Chambers prior to the start of the Council meeting.

1.	Meeting called to order by Mayor Sullivan

2.	Invocation - Council Member Chulakes-Leetz

3.	Pledge of Allegiance to the Flag of the United States of America LED BY ELLISE HOLMES FROM ST. ANDREWS ELEMENTARY SCHOOL.

4.	ROLL CALL; Mayor Sullivan, Council Members Chulakes-Leetz, Deile, Donnell, Kuehn, McClain, McGrail, and Brandt

5.	Changes to the Agenda/Adoption of Agenda - APPROVED

6.	Approval of Minutes:

A	Special Council Meeting February 8, 2010 - APPROVED
B	Special Council Meeting March 15, 2010 - APPROVED

C	Regular Council Meeting March 15, 2010 - APPROVED

7.		Presentations
	A		Presentation on CAFR - Linda Senne, Interim Financial Services Director

8.		BUSINESS:
	A		PUBLIC COMMENT - CONSENT AGENDA - A maximum of 45 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual. All displayed material must be approved by the City Clerk's office prior to the start of the meeting. NO SPEAKERS

Recommendation to approve Contract Renewal #2 with Accurate Contract Services for providing water meter reading services through March 13, 2011 at the unit price of $.51 for wand/manual meter reads and $.23 for radio reads, Finance, Dollar Value: $331,500.00 (estimated cost) - APPROVED

2)		Additional Consent Items
	a)		Recommendation to approve the Redesignation Agreement for the 2010 Housing Opportunities for Persons with AIDS (HOPWA) Grant Program between the City of Cape Coral, US Department of Housing and Urban Development (HUD), and the State of Florida Department of Health, Department Community Development, Dollar Value: N/A - APPROVED

Recommendation to approve the amendment to the City of Cape Coral Neighborhood Stabilization Program(NSP) Substantial Amendment, Department of Community Development, Dollar Value: N/A - APPROVED

Recommendation to approve the Host Agency Agreement between the AARP Senior Community Service Employment Program (SCSEP) and the City of Cape Coral, Parks and Recreation, Dollar Value: $55.15 per person (for background checks) - APPROVED

Recommendation to accept the Permanent Utility and Drainage Easement in a portion of a tract of land known as Tract A, Cape Coral Subdivision Unit 24 (Strap #: 24-44-23-C1-0000A.0000), Public Works/Real Estate, Dollar Value: N/A - APPROVED

Recommendation to approve the Permissive Use License Agreement for temporary use of a portion of Block 2000, Unit 31 Cape Coral Subdivision, (aka a portion of Strap #07-44-24-C1-02000.0000), between the City of Cape Coral and C.W. Roberts Contracting, Inc. (Cougar Division), Public Works/Real Estate, Dollar Value: N/A - APPROVED

Recommendation to Approve the Settlement Proposal for the eminent domain case of City of Cape Coral v. Jon S. Covington, et al, being Case Number 05-CA-000900 to resolve the acquisition of Parcels 227-1 and 227-4 for the South Well Project (aka Lots 14 through 17, Block 4797, Unit 71) for total land costs of $230,000 (requiring an additional land deposit of $90,000), plus statutory attorney fees in the amount of $21,285 and reasonable expert costs of $5,500, Public Works/Real Estate, Dollar Value: $256,785. - APPROVED

Recommendation for approval of the North Del Prado Water Main Extension, Public Works, Dollar Value: $450,000.00 (estimated cost) - APPROVED

C	PERSONNEL ACTIONS
		1)	None.

D	PETITIONS TO COUNCIL - (10 minutes per request)
		1)	Petition to Council: Richard and Larene Tullo are requesting permission to temporarily park an RV on a vacant lot next to their home for 5 months and to waive the permitting fees associated with Chinese Drywall remediation. – APPROVED TO PARK RV ON VACANT LOT PROVIDED A LETTER IS RECEIVED BY THE PROPERTY OWNER TO THE MAYOR; FEES NOT WAIVED

E	APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS:
		1)	Appoint two members to the Charter School Governing Board - City Clerk. – APPOINTED PHYLLIS BARTON AS THE REPRESENTATIVE FROM COMMUNITY-AT-LARGE AND GAIL HAWTHORNE AS REPRESENTATIVE FROM THE BUSINESS COMMUNITY

Council appointment to various Boards, Committees, and Commissions - City Clerk – - APPOINTED COUNCIL MEMBER KUEHN AS THE ALTERNATE TO THE TRANSPORTATION ADVISORY COMMITTTEE; ALTERNATE TO THE LEE COUNTY TRANSIT AUTHORITY; ALTERNATE TO THE MPO AND REPRESENTATIVE TO THE SOUTHWEST FLORIDA LEAGUE OF CITIES; APPOINTED COUNCIL MEMBER MCGRAIL AS ALTERNATE TO THE NORTH SPREADER ECOLOGICAL MANAGEMENT AGREEMENT COMMITTEE AND THE MAYOR AS THE ALTERNATE TO THE HORIZON COUNCIL

F	CITIZENS INPUT TIME - A maximum of 45 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual. All displayed material must be approved by the City Clerk's office prior to the start of the meeting. TWENTY-FOUR SPEAKERS

G	ADMINISTRATIVE / DISCUSSION ITEMS:
		1)	Discussion on building addition to the Emergency Operations Center (EOC) for the Fire Department Headquarters - Oliver Clarke, Engineer IV, Public Works – APPROVED FOR STAFF TO MOVE FORWARD

2)	Discussion on Citizens Input Time - Councilmember Kuehn – TIE VOTE NO ACTION TAKEN

H	PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES:

*ORDINANCE 2-10 ZA 09-00500001 - ADOPTED

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 PARCELS IN SECTIONS 5 AND 8, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AND IN THE SOUTH FLORIDA FARMS SUBDIVISION, PONDELLA HEIGHTS SUBDIVISION, DEL-PINE MANOR SUBDIVISION, CAPE CORAL SUBDIVISION UNIT 17, EAST CAPE COMMERCE CENTER SUBDIVISION, HANCOCK CREEK SOUTH CENTER, AND SOUTHWIND COMMERCIAL CENTER SUBDIVISION, ALL AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CORRIDOR (CORR) TO COMMERCE PARK OVERLAY (CPO) WITHIN THE CORRIDOR (CORR) ZONE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

SPONSOR: Councilmember Donnell

ACTION REQUESTED: Final Public Hearing (Quasi-Judicial All Persons Testifying Must be Sworn in)

WHAT THE ORDINANCE ACCOMPLISHES: Rezoning from Corridor (CORR) to Commerce Park Overlay (CPO) Within the Corridor (CORR) Zone

*ORDINANCE 3-10 ZA 10-001 - ADOPTED

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 PORTIONS OF LOTS 56, 57, 58 AND 59, FLORIDA TROPICAL FARMS SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM VILLAGE (VILL) TO CORRIDOR (CORR) ZONE; PROPERTY IS LOCATED AT 601, 613 AND 621 PINE ISLAND ROAD SW AND 190 AND 290 NICHOLAS PARKWAY NW; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

SPONSOR: Councilmember McGrail

ACTION REQUESTED: Final Public Hearing (Quasi-Judicial All Persons Testifying Must be Sworn in)

WHAT THE ORDINANCE ACCOMPLISHES: Rezoning from Village (VILL) Corridor (CORR) Zone. Property is located at 601, 613 and 621 Pine Island Road SW and 190 and 290 Nicholas Parkway NW.

I	PUBLIC HEARINGS - ORDINANCES
		1)	None.

PUBLIC INPUT - RESOLUTIONS

RESOLUTION 12-10 – APPROVED AS AMENDED

A RESOLUTION OF THE CITY COUNCIL OF CAPE CORAL, FLORIDA SUPPORTING THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS EFFORTS IN IMPROVING MOBILITY ALONG THE BURNT STORE ROAD-VETERANS PARKWAY-COLONIAL BOULEVARD CORRIDOR; PROVIDING AN EFFECTIVE DATE.

SPONSOR: Councilmember Brandt

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Expresses the support of the City Council of the City of Cape Coral, Florida for the Lee County Board of County Commissioners efforts to improve mobility along the Burnt Store Road-Veterans Parkway-Colonial Boulevard corridor by considering the feasibility of building express lanes or other expressway concepts along Colonial Boulevard from the river to east of I-75.

K	REPORTS OF MAYOR AND COUNCIL MEMBERS

BRANDT – REPORTED ON THE NORTH SPREADER ECOLOGICAL MANAGEMENT AGREEMENT MEETING HELD LAST WEEK AND STATED THAT THE GROUP WENT OUT IN BOATS TO THE SPREADER AREA LAST FRIDAY TO WALK AROUND AND GET A BETTER UNDERSTANDING; REPORTED HE ATTENDED THE TARPON POINT POKER RUN FOR AMERICAN OFF-SHORE RACERS LAST WEEKEND AND NEXT WEEK HE WILL HAVE A PRESENTATION SHOWING THE EVENT

CHULAKES-LEETZ - NO REPORT

DEILE – NO REPORT

DONNELL – REPORTED HE HAD ATTENDED THE HUMAN SERVICES COUNCIL MEETING LAST WEEK AND HE WILL KEEP THE COUNCIL UPDATED ON THEIR DISCUSSIONS CONCERNING BUDGETS

KUEHN – READ A LETTER HE RECEIVED CONCERNING THE LCEC POWER LINES DOWNTOWN

MCCLAIN – REPORTED HE ATTENDED THE TRIP TO TALLAHASSEE A FEW WEEKS AGO AND NEEDED APPROVAL FOR THE EXPENDITURE

MCGRAIL – ANNOUNCED THAT THERE WILL BE A MEETING TUESDAY, MARCH 30^TH AT THE FIRST BAPTIST CHURCH BEGINNING AT 5:30 P.M. CONCERNING THE LARGE SCALE LAND USE CHANGES

MAYOR SULLIVAN – REPORTED HE ALSO ATTENDED THE TARPON POINT POWER BOAT EVENT AND IT WAS VERY IMPRESSIVE; REPORTED HE ATTENDED THE OPENING OF THE PIZZA DEPOT RESTAURANT ON BURNT STORE ROAD AND PINE ISLAND ROAD LAST WEEKEND; READ A SECTION FROM THE FRANCHISE AGREEMENT WITH LCEC CONCERNING TRANSMISSION LINES

L	REPORTS OF CITY ATTORNEY AND CITY MANAGER

CITY ATTORNEY – NO REPORT

CITY MANAGER – NO REPORT

9.	Time and Place of Next Meeting: The Next Cape Coral City Council Workshop Meeting is Scheduled for Monday, April 5, 2010 at 4:30 PM in Council Chambers. The Next UEP Committee of the Whole Meeting is Scheduled for Wednesday, April 7, 2010 at 5:00 PM in Council Chambers.

10.

Motion to Adjourn 10:33 P.M.