Level 1

CITY OF CAPE CORAL

CITY COUNCIL

1015 Cultural Park Boulevard

Cape Coral, FL 33990

www.capecoral.net

Mayor/Council Members

Eric P. Feichthaler, Mayor

James Burch, District 1

Peter Brandt, District 2

William Deile, District 3

Dolores Bertolini, District 4

Eric Grill, District 5

Timothy Day, District 6

Derrick Donnell, Ed.D District 7

City Manager

Terrance Stewart

City Attorney

Dolores Menendez

City Clerk

Bonnie Potter

AGENDA

Regular Meeting

Monday, July 14, 2008

4:30 PM

1015 Cultural Park Boulevard

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.

4:30 PM

1) Call to Order

2) Invocation

3) Pledge of Allegiance

4) Roll Call

5) Agenda Changes/Adoption of Agenda

6) Employee Recognition

7) Business

A. Introduction of Ordinances

B. Introduction of Resolutions

C. Public Comment - Consent Agenda

D. Consent Agenda

E. Personnel Actions

F. Petitions to Council

G. Citizens Input Time

H. Appointments to Boards/Committees/Commissions

I. Public Hearings – Department of Community Development Cases

J. Public Hearings - Ordinances

K. Public Input – Resolutions

L. Draft Proposed Ordinances

M. Administrative/Discussion Items

N. Reports of Mayor and Council Members

O. Reports of City Attorney and City Manager

8) Time and Place of Next Meeting

9) Adjourn

1.	Meeting called to order by Mayor Feichthaler

2.	Invocation - Council Member Deile

3.	Pledge of Allegiance to the United States of America led by EMILY KUMMERER OF OASIS CHARTER ELEMENTARY SCHOOL.

4.	ROLL CALL: Mayor Feichthaler, Council Members Brandt, Burch, Day, Deile, Donnell, Grill and Bertolini

5.	Changes to the Agenda/Adoption of Agenda – APPROVED WITH ADDITION OF COMMITTEE OF THE WHOLE ITEM BY COUNCIL MEMBER BURCH BEING PLACED BEFORE CONSENT AGENDA

6.	BUSINESS:

A	INTRODUCTION OF ORDINANCES

ORDINANCE 58-08 LU 07-01000035 - PUBLIC HEARING 7/28/08

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL BY PDP (SM) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR LOTS 1-62, BLOCK 3071, CAPE CORAL, UNIT 62, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 21 THROUGH 38, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 2105-2145 AND 2205-2223 SKYLINE BOULEVARD AND 2104-2144 AND 2204-2222 SW 7TH PLACE; COUNCIL MEMBER GRILL

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends Future Land Use map from Single Family and Multi-Family Residential by PDP (SM) to Commercial/Professional (CP). Property is located at 2105-2145 and 2205-2223 Skyline Blvd and 2104-2144 and 2204-2222 SW 7th Place.

*ORDINANCE 59-08 ZA 08-00500014 – PUBLIC HEARING 7/28/08

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 36 AND 37, BLOCK 1091, UNIT 23, CAPE CORAL SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 39 THROUGH 52, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FROM SINGLE-FAMILY RESIDENTIAL (R-1B) TO PEDESTRIAN COMMERCIAL (C-1) ZONE; PROPERTY IS LOCATED AT 112 SE 1ST PLACE; COUNCIL MEMBER DAY

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

WHAT THE ORDINANCE ACCOMPLISHES: Rezoning from Single-Family Residential (R-1B) to Pedestrian Commercial (C-1). Property is located at 112 SE 1st Place.

*ORDINANCE 60-08 ZA 08-00500015 - PUBLIC HEARING 7/28/08

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 11-18 AND 49-54, BLOCK 3265, UNIT 66, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 2 THROUGH 26, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FROM RESIDENTIAL RECEIVING (RX) TO PROFESSIONAL OFFICE (P-1) ZONE; PROPERTY IS LOCATED AT 3317-3321, 3401-3409 CHIQUITA BOULEVARD SOUTH AND 3316-3326 SW 15TH PLACE; COUNCIL MEMBER BRANDT

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

WHAT THE ORDINANCE ACCOMPLISHES: Rezoning from Residential Receiving (RX) to Professional Office (P-1). Property is located at 3317-3321 and 3401-3409 Chiquita Blvd South and 3316-3326 SW 15th Place

ORDINANCE 61-08 LU 08-01000005 – PUBLIC HEARING 7/28/08

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL BY PDP (SM) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR TRACT 5346A, OF CAPE CORAL, UNIT 58, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE(S) 128-147, INCLUSIVE, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 218 BURNT STORE ROAD SOUTH; COUNCIL MEMBER DAY

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends Future Land Use Map from Single Family and Multi-Family Residential by PDP (SM) to Commercial/Professional (CP). Property is located at 218 Burnt Store Road South.

ORDINANCE 66-08 – 1^ST PUBLIC HEARING 7/28/08; 2^ND PUBLIC HEARING 8/11/08

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE II, DISTRICT REGULATIONS, SECTION 2.7, DISTRICT REGULATIONS, SUBSECTION .14, INSTITUTIONAL DISTRICT (INST), BY DELETING AS A PERMITTED USE AND ESTABLISHING AS A SPECIAL EXCEPTION USE TOWERS, COMMUNICATION; MAYOR FEICHTHALER

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Changes Communication Towers from a Permitted Use to a Special Exception Use in the Institutional District.

ORDINANCE 77-08 LU 08-01000007 – PUBLIC HEARING 7/28/08

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP FROM MULTI-FAMILY RESIDENTIAL (MF) TO COMMERCIAL/PROFESSIONAL (CP) LAND USE FOR LOTS 19-20, BLOCK 1361, CAPE CORAL, UNIT 18, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 13, PAGES 96 THROUGH 120, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; COUNCIL MEMBER DONNELL

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends Future Land Use Map from Multi-Family Residential (MF) to Commercial/Professional (CP). Property is Located at 11 SE 23rd Place.

*ORDINANCE 79-08 PDP 08-0800003 – PUBLIC HEARING 7/28/08

AN ORDINANCE APPROVING A PLANNED DEVELOPMENT PROJECT IN THE CITY OF CAPE CORAL, FLORIDA ENTITLED "NORTHPOINT SHOPPING CENTER SUBDIVISION" FOR CERTAIN PROPERTY DESCRIBED AS A PARCEL LYING IN SECTION 5, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING A PORTION OF BLOCKS 3547 AND 3548, CAPE CORAL UNIT 47 PART 2, ACCORDING TO PLAT BOOK 23, PAGES 112 THROUGH 127 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROPERTY LOCATED AT 1803 PINE ISLAND ROAD NE; GRANTING SUBDIVISION WITH REPLAT; GRANTING A DEVIATION OF ONE FOOT SIX INCHES (1'6") FROM THE REQUIREMENT OF A 15 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT CENTERED ON THE REAR PROPERTY LINE TO ALLOW A 6 FOOT REAR PUBLIC UTILITY AND DRAINAGE EASEMENTS ON LOT 1 AND TRACT A; GRANTING A DEVIATION OF SEVEN FEET SIX INCHES (7'6") FROM THE REQUIREMENT OF A 15 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT CENTERED ON THE REAR PROPERTY LINE TO ALLOW LOTS 2 AND 3 TO DEVELOP WITH NO REAR PUBLIC UTILITY AND DRAINAGE EASEMENT; GRANTING DEVELOPMENT PLAN APPROVAL PURSUANT TO SECTION 4.2 OF THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR ACTION ON REQUEST AND CONDITIONS OF APPROVAL; PROVIDING FOR LEGAL EFFECT AND LIMITATIONS OF THIS PDP DEVELOPMENT ORDER AND ADMINISTRATIVE REQUIREMENTS; COUNCIL MEMBER DAY

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

WHAT THE ORDINANCE ACCOMPLISHES: Approval of a Planned Development Project entitled "Northpoint Shopping Center Subdivision" requesting Subdivision, Deviation, and Master Concept Plan Approval.

*ORDINANCE 80 -08 ZA 08-00500011 – 1^ST PUBLIC HEARING 7/28/08; 2^ND PUBLIC HEARING 8/11/08

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 27-47, BLOCK 4955; LOTS 1-51, BLOCK 4956; LOTS 1-12 AND 52-53, BLOCK 4957; LOTS 14-31 AND 55, BLOCK 4958; LOTS 14-26, BLOCK 4981; LOTS 1-22, BLOCK 4982; LOTS 5-35 AND 41, BLOCK 4983; LOTS 1-46, BLOCK 4984, AND ALL OF BLOCKS 4982A AND 4984A, ALL IN UNIT 73, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 23, PAGES 27 TO 40, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL DEVELOPMENT (RD) TO SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE; PROPERTY IS LOCATED BETWEEN THE SPREADER WATERWAY TO THE WEST, THE ERNESTO CANAL TO THE EAST, THE MARABELLA AND MARIANA CANALS TO THE NORTH AND THE MAXWELL CANAL TO THE SOUTH; COUNCIL MEMBER BURCH

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

WHAT THE ORDINANCE ACCOMPLISHES: Rezones Residential Development (RD) to Single-Family Residential (R-1B); Property Located Between Spreader Waterway to the West; Ernesto Canal to the East; the Marabella and Mariana Canals to the North and the Maxwell Canal to the South.

ORDINANCE 82-08 – PUBLIC HEARING 7/21/08

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A PARCEL OR TRACT OF LAND LYING IN THE WEST ONE-HALF AND THE EAST ONE-HALF OF SECTION 20, TOWNSHIP 43 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR REDEFINITION OF CITY BOUNDARIES; COUNCIL MEMBER DAY.

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: The annexation into the City of Cape Coral of approximately 276 acres located outside the corporate limits located at the northeast corner of Jacaranda and Burnt Store Road.

10)

ORDINANCE 91-08 – PUBLIC HEARING 7/21/08

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL RELEASE OF EASEMENT FOR PEDIATRIC CAPE PARTNERSHIP, LLP, FOR THE RELEASE OF A PORTION OF A PERMANENT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 3220, AT PAGE 2584, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; A COPY OF THE PARTIAL RELEASE OF EASEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; COUNCIL MEMBER DAY

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Request for the Portion of the Easement Beneath the Existing Building Located on a Portion of Block 801, Lots 42 and 43, be Terminated to Remove any Public Right or Access to that Area.

11)

ORDINANCE 92-08 - PUBLIC HEARING 7/28/08

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE VI, PENSIONS, DIVISION 3, PENSION GENERALLY, BY AMENDING SECTION 2-123.2, MEMBERSHIP, BY REVISING THE ELIGIBILITY REQUIREMENTS FOR OPTING OUT OF THE RETIREMENT PLAN AND REVISING PROVISIONS RELATING TO ELECTION TO BECOME A MEMBER OF THE SYSTEM; COUNCIL MEMBER DAY

ACTION REQUESTED: Set Public Hearing Date

WHAT THE ORDINANCE ACCOMPLISHES: Amends the Eligibility Requirements for Opting out of the General Employees' Retirement Plan and Revises Provisions Relating to Election to Become a Member of the System.

B	INTRODUCTION OF RESOLUTIONS:

RESOLUTION 38-08 – PUBLIC INPUT 7/21/08

A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO RONALD AND STACY LOMONACO D/B/A RON’S AIRPORT TRANSPORTATION OF CAPE CORAL TO OPERATE A TOTAL OF THREE (3) LIMOUSINES OR TAXIS WITHIN THE CITY OF CAPE CORAL; COUNCIL MEMBER BRANDT

ACTION REQUESTED: Set Public Input Date

WHAT THE RESOLUTION ACCOMPLISHES: Grants a Certificate of Public Convenience to Operate Three Limousines or Taxicabs in Cape Coral

DISCUSSION OF STANDARDIZATION OF CONTRACTS; CONSTRUCTION CONTRACTS AND FEES; CONTRACTOR SOLICITATION AND SELECTION – COUNCIL MEMBER BURCH – COUNCIL TO REVIEW INFORMATION AND DISCUSS AT A LATER DATE

C	PUBLIC COMMENT - CONSENT AGENDA - A maximum of 30 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual ONE SPEAKER

D	CONSENT AGENDA

1)	Approval of Minutes:

a)	Regular Council Meeting June 2, 2008 - APPROVED
b)	Regular Council Meeting June 9, 2008 - APPROVED

2)	Procurement Items:

	a)			Approve Award of Bid for Fire Truck Refurbishment, Bid #FD060308-34, Ten-8 Fire Equipment, Inc., Fire Department; Dollar Value: $150,000.00 - APPROVED FOR THE BID AMOUNT OF $117,512.50
	b)			Approve List of Surplus Items to be Auctioned On-line thru Govdeals.com, Financial Services Department, Dollar Value: N/A - APPROVED
	c)		Approve Contract Renewal #2 for Investment Advisory Services through July 19, 2009, PFM Asset Management, Final One-Year Renewal Allowed by the Original Contract Approved by Council 7/14/04, Financial Services Department, Dollar Value: N/A - APPROVED
	d)			Approve Award of Bid No. PW061908-39 for Multi-Sports Complex Irrigation Pump Replacement, King Landscaping Sod of SWF, Inc., $95,500.00 plus 5% City-controlled Contingency of $4,775.00, Parks & Recreation Department, Dollar Value: $100,275.00 – APPROVED
	e)			Approve MWH Americas Work Authorization (WA) W-2C, North and South Production Wells Change Order #4, Additional 272 Days Time Extension, Public Works Department; Dollar Value: N/A - APPROVED
3)		Additional Consent Items

a)				Approve Site Plan Extension for Property Located at 273 SW 3rd Street, Screens and Shutters, Site Plan #SP 05-00900103, Community Development, Dollar Value: N/A- APPROVED
b)				Approve Site Plan Extension for Property Located at 4002 Del Prado Boulevard South, Lee Remax Office Building, Site Plan #SP 05-00900115, Community Development Department, Dollar Value: N/A - APPROVED
c)			Approve South Florida Water Management District Grant Agreement - Southwest Five Unit, Phase II, Cape Coral Catch Basins Retrofit Program, Public Works Department, Dollar Value: Not-to-Exceed Matching Grant Amount of $172,629.28 - APPROVED
d)				Approve to Accept Inter-Local Agreement between the City of Cape Coral and Lee County Board of Commissioners as Required by the 2007 COPS Technology Grant, Police Department, Dollar Value: N/A - APPROVED
e)				Approve to Apply to Bureau of Justice Assistance for $145,615.00 from 2008 Byrne Discretionary Grant Program, Police Department, Dollar Value: N/A - APPROVED
f)		Approve to Apply to Bureau of Justice Assistance 2008 Local Justice Assistance Grant Program for $11,576.00 in Funding, Police Department, Dollar Value: N/A - APPROVED
g)				Approve Participation in 2008 Commercial Equipment Direct Assistance Program to Receive Surveillance Equipment form US Department of Homeland Security, Police Department, Dollar Value: Annual Estimated Cost $100.00 - APPROVED
h)				Approve Acceptance of Permanent Easement for Public Utility and Drainage Purposes in a Portion of a Tract of Land in Section 21, Township 44 south, Range 23 East, Cape Coral, Lee County, Florida, (Strap #21-44-23-C1-00002.0010) as part of the Christian Life Fellowship Site Plan Review (PDP 05-00800035), Public Works, Dollar Value: N/A - APPROVED
i)	Approve Request for Consent to Sublease Letter to American Tower for the Subleasing of Space to USA Mobility at Fire Station #6 Tower Site, Public Works Department, Dollar Value: N/A - APPROVED

E	PERSONNEL ACTIONS

1)	One Full-time Transportation Crew Coordinator Position for Public Works - APPROVED

F	PETITIONS TO COUNCIL - (10 minutes per request)

1)	Requests Permission to Erect Open House Signs in Median at a Specific Location - Mike Rubinski - DENIED

G	CITIZENS INPUT TIME - A maximum of 30 minutes is set for input of citizens on matters concerning City Government; 3 minutes per individual. (If this Item is Not Reached by 6:30 P.M. it will be Elevated to Next on the Agenda.)

NINE SPEAKERS

H	APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS:
		1)	None.

I	PUBLIC HEARINGS - DEPARTMENT OF COMMUNITY DEVELOPMENT CASES:
		1)	None.

J	PUBLIC HEARINGS - ORDINANCES

ORDINANCE 101-07 - ADOPTED WITH EFFECTIVE DATE OF OCTOBER 1, 2008

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES, CHAPTER 4, ANIMALS AND FOWL, TO DESIGNATE SECTIONS 4-1 THROUGH 4-28 AS ARTICLE I – ANIMALS IN GENERAL; AND TO ESTABLISH ARTICLE II, REGULATION OF DOMESTIC, NON-DOMESTIC, AND WILD OR EXOTIC ANIMALS, TO ESTABLISH SECTION 4-29, DEFINITIONS; AND ESTABLISH SECTION 4-30, NON-DOMESTIC ANIMALS IN ALL ZONING DISTRICTS, WHETHER IMPROVED OR UNIMPROVED, TO PROHIBIT NON-DOMESTIC ANIMALS IN ALL ZONING DISTRICTS UNLESS EXPRESSLY ALLOWED BY PROVISIONS OF THIS ORDINANCE AND TO ALLOW WILD OR EXOTIC ANIMALS PURSUANT TO FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION REGULATIONS; COUNCILMEMBER DAY

ACTION REQUESTED: Final Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: Establishes regulations prohibiting non-domestic animals in all zoning districts unless otherwise allowed by provisions of the Ordinance or Florida Fish and Wildlife Conservation Commission Regulations.

2)		ORDINANCE 51-08 - ADOPTED AN ORDINANCE REPEALING ORDINANCE 28-08 WHICH AUTHORIZED A LEASE AGREEMENT WITH SOUTHWEST FLORIDA ADDICTION SERVICES (SWFAS); AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO ENTER INTO A REVISED LEASE AGREEMENT WITH SOUTHWEST FLORIDA ADDICTION SERVICES (SWFAS), FOR THE LEASE OF PROPERTY OWNED BY THE CITY OF CAPE CORAL LOCATED AT 1105 CULTURAL PARK BOULEVARD FOR THE OPERATION OF A SUBSTANCE ABUSE TREATMENT FACILITY AND COUNSELING CENTER; A COPY OF THE REVISED LEASE AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; COUNCILMEMBER GRILL
	ACTION REQUESTED: Final Public Hearing
	WHAT THE ORDINANCE ACCOMPLISHES: Repeals Ordinance 28-08, which authorized a lease agreement with Southwest Florida Addiction Services, and authorizes a revised 10-year lease agreement that provides the City the ability to terminate the lease at any time after the first two years of the initial lease term.

K	PUBLIC INPUT - RESOLUTIONS

RESOLUTION 24-08 - APPROVED

A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DEFERRED ASSESSMENTS IN THE SOUTHWEST 5 WASTEWATER IMPROVEMENT AREA; PROVIDING FOR THE PRIORITY OF SAID LIENS; COUNCILMEMBER GRILL

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Imposes a lien on property owners who have elected to defer payment of their assessment in the Southwest 5 Wastewater Improvement Area.

RESOLUTION 25-08 - APPROVED

A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DEFERRED ASSESSMENTS IN THE SOUTHWEST 5 POTABLE WATER IMPROVEMENT AREA; PROVIDING FOR THE PRIORITY OF SAID LIENS; COUNCILMEMBER GRILL

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Imposes a lien on property owners who have elected to defer payment of their assessment in the Southwest 5 Potable Water Improvement Area

RESOLUTION 26-08 - APPROVED

A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DEFERRED ASSESSMENTS IN THE SOUTHWEST 5 IRRIGATION WATER IMPROVEMENT AREA; PROVIDING FOR THE PRIORITY OF SAID LIENS; COUNCILMEMBER GRILL

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Imposes a lien on property owners who have elected to defer payment of their assessment in Southwest 5 Irrigation Water Improvement Area.

RESOLUTION 27-08 - APPROVED

A RESOLUTION OF THE CITY OF CAPE CORAL PROVIDING FOR THE IMPOSITION OF LIENS FOR DEFERRED ASSESSMENTS IN THE NORTH CENTRAL LOOP POTABLE WATER IMPROVEMENT AREA; PROVIDING FOR THE PRIORITY OF SAID LIENS; COUNCILMEMBER DAY

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Imposes a lien on property owners who have elected to defer payment of their assessment in the North Central Loop Potable Water Improvement Area.

RESOLUTION 31-08 - APPROVED

A RESOLUTION ADOPTING THE 2008-2009 CITY OF CAPE CORAL ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT PROGRAM; AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AND SUBMIT THE 2008-2009 ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE GRANT AGREEMENT FOR THE 2008-2009 CDBG PROGRAM WHEN RECEIVED FROM HUD; COUNCILMEMBER DEILE

ACTION REQUESTED: Final Public Input

WHAT THE RESOLUTION ACCOMPLISHES: Adopts the 2008-2009 Community Development Block Grant Action Plan

*RESOLUTION 37-08 AP 08-00700002 – APPROVED TO REVERSE THE DECISION OF THE PLANNING & ZONING COMMISSION AND APPROVE THE TWO VARIANCES

A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, SECTION 8.10, VARIANCES, AND SECTION 8.9, APPEALS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, REVERSING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND APPEALS THAT DENIED RESOLUTION VA 9-2008, AND GRANTING A DIMENSIONAL VARIANCE OF TWO (2) FEET FROM THE MAXIMUM HEIGHT REQUIREMENT OF SIX (6) FEET FOR FENCES IN ORDER TO PERMIT THE CONSTRUCTION OF A MASONRY FENCE/WALL EIGHT (8) FEET IN HEIGHT; AND GRANTING A DIMENSIONAL VARIANCE OF TEN (10) FEET FROM THE REQUIREMENT THAT ANY FENCING WITHIN TWENTY (20) FEET OF THE REAR PROPERTY LINE ON WATERFRONT SITES MUST BE OPEN MESH ABOVE A HEIGHT OF THREE (3) FEET IN ORDER TO PERMIT THE CONSTRUCTION OF A MASONRY FENCE/WALL EIGHT (8) FEET IN HEIGHT WITHIN THE REAR TWENTY (20) FEET OF A WATERFRONT PARCEL WITH A SETBACK OF TEN (10) FEET FROM THE REAR LOT LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 42 AND 43, BLOCK 4958, UNIT 73, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGES 27 TO 40, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 2826 SW 43RD STREET;

A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, SECTION 8.10, VARIANCES, AND SECTION 8.9, APPEALS, AND THE CITY OF CAPE CORAL COMPREHENSIVE PLAN, APPROVING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND APPEALS THAT DENIED RESOLUTION VA 9-2008 WHICH CONCERNED A DIMENSIONAL VARIANCE OF TWO (2) FEET FROM THE MAXIMUM HEIGHT REQUIREMENT OF SIX (6) FEET FOR FENCES IN ORDER TO PERMIT THE CONSTRUCTION OF A MASONRY FENCE/WALL EIGHT (8) FEET IN HEIGHT; AND A DIMENSIONAL VARIANCE OF TEN (10) FEET FROM THE REQUIREMENT THAT ANY FENCING WITHIN TWENTY (20) FEET OF THE REAR PROPERTY LINE ON WATERFRONT SITES MUST BE OPEN MESH ABOVE A HEIGHT OF THREE (3) FEET IN ORDER TO PERMIT THE CONSTRUCTION OF A MASONRY FENCE/WALL EIGHT (8) FEET IN HEIGHT WITHIN THE REAR TWENTY (20) FEET OF A WATERFRONT PARCEL WITH A SETBACK OF TEN (10) FEET FROM THE REAR LOT LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON REAL PROPERTY DESCRIBED AS LOTS 42 AND 43, BLOCK 4958, UNIT 73, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGES 27 TO 40, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; PROPERTY LOCATED AT 2826 SW 43RD STREET; COUNCILMEMBER BRANDT

ACTION REQUESTED: Final Public Input (Quasi-Judicial, All Persons Testifying Must be Sworn In.)

WHAT THE RESOLUTION ACCOMPLISHES: This resolution is an appeal of a dimensional variance that was denied by P & Z on April 2, 2008. The dimensional variance requested is for 2 feet from the 6-foot maximum height requirement for fences and for 10 feet from the requirement that any fence within 20 feet of the rear property line on waterfront lots be open mesh above a height of 3 feet in order to allow a solid 8-foot high wall to be located 10 feet from the rear property line on a waterfront lot.

L	DRAFT PROPOSED ORDINANCES:
		1)	None.

M	ADMINISTRATIVE / DISCUSSION ITEMS:

1)	Utility Expansion Program SW 6/7 - Motion to Reconsider - Mayor Feichthaler (No Final Action will be Taken) – COUNCIL AND STAFF TO WORK WITH MWH TO REDUCE THE FEES
2)	Approval of Agreement Between the City of Cape Coral and Burnt Store Ltd. Regarding a Voluntary Annexation into the City - Assistant City Manager Carl Schwing - APPROVED
3)	Removal of Utility Expansion Program Committee Member - Council Member Grill – COUNCIL VOTED FOR COMMITTEE MEMBER TO REMAIN ON THE COMMITTEE
4)	MWH Americas Work Authorization (WA) UEP-1C, Southwest 4 Construction Change Order #3, De-Obligating Unexpended Funds - Public Works - APPROVED

N	REPORTS OF MAYOR AND COUNCIL

BRANDT – NO REPORT

BURCH – REPORTED THE CRA DIRECTOR HAS RESIGNED AND JOHN JACOBSEN HAS NOW BEEN HIRED AS THE INTERIM DIRECTOR; REPORTED ON THE CRA WORKSHIP WHERE THEY DISCUSSED THE ELECTRIC TRANSMISSION LINES AND PLACING PROPANE GAS IN THE CRA AREA

DAY – WISHED MR. JACOBSEN LUCK WITH THE CRA

DEILE – REPORTED ON A SEMINAR HE ATTENDED IN FORT MYERS CONCERNING UTILITIES AND HE HAS THE INFORMATION IF ANYONE WOULD LIKE TO REVIEW IT

DONNELL – REPORTED THE SCHOOLS IN CAPE CORAL RECEIVED THE BEST GRADES AROUND LEE COUNTY

GRILL – WELCOMED BACK THE COUNCIL FROM VACATION

BERTOLINI – REPORTED THE TOURIST DEVELOPMENT COUNCIL PREPARED AN ISLAND FESTIVAL BROCHURE AND THE COCONUT FESTIVAL IS ONE OF THE EVENTS LISTED; COMMENTED ON THE BABCOCK BUILDING ON HANCOCK WHERE THE ZONING WAS APPROVED BY PLANNING AND ZONING COMMISSION AND THEN THE PROPERTY WAS SOLD TO BABCOCK FURNITURE; REPORTED PROJECT LIFE SAVER HAS STARTED IN CAPE CORAL AND SHE THANKED CONNIE BARRON, THE POLICE AND FIRE DEPARTMENTS FOR ASSISTING HER TO GET THIS PROGRAM STARTED IN THE CAPE

MAYOR FEICHTHALER – REPORTED ON A MEETING HE ATTENDED WITH LEE COUNTY CONCERNING ANNEXATIONS, COUNCIL AGREED TO APPROVE A RESOLUTION FOR A 12 MONTH MORATORIUM ON ANNEXATIONS ALONG WITH THE FOUR OTHER CITIES, THE MAYOR WILL BRING THE RESOLUTION FORWARD; REPORTED HE ATTENDED THE GROUND BREAKING FOR THE NEW LEE COUNTY REGIONAL LIBRARY NEXT TO MARINER MIDDLE SCHOOL; REPORTED RED, WHITE AND BOOM WAS A HUGE SUCCESS; REPORTED HE ATTENDED THE GRAND OPENING OF THE MOOSE LODGE ON SANTA BARBARA; REPORTED HE IS HAVING A TOWN HALL MEETING IN THE COUNCIL CHAMBERS ON THURSDAY, JULY 17^TH AT 7:00 P.M. REPORTED HIS NEW BEAUTIFUL DAUGHTER EMILY REAGAN ARRIVED ON JUNE 26^TH

O	REPORTS OF CITY ATTORNEY AND CITY MANAGER

CITY ATTORNEY – NO REPORT

CITY MANAGER – WELCOMED EVERYONE BACK AND REPORTED ON THE PASSING OF THE FIRE CHIEF’S MOTHER

COUNCIL AGREED TO MOVE THE STARTING TIME OF CITY COUNCIL MEETINGS TO 4:30 WITH THE INTRODUCTIONS OF ORDINANCES AND RESOLUTIONS

7.	Time and Place of Next Meeting - The Next Regular City Council Meeting is Scheduled for Monday, July 21, 2008 at 4:30 p.m. in the Council Chambers.

8.	Motion to Adjourn 10:35 P.M.