Mayor
Joe Coviello
Council Members
District 1: John Gunter
District 2: John M. Carioscia Sr.
District 3: Marilyn Stout
District 4: Jennifer I. Nelson
District 5: Lois Welsh
District 6: Richard Williams
District 7: Jessica Cosden

 
1015 Cultural Park Blvd.
Cape Coral, FL
City Manager
Rob Hernandez
City Attorney
Dolores Menendez
City Auditor
Andrea R. Russell
City Clerk
Kimberly Bruns

AGENDA FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL

 August 17, 20204:30 PM Council Chambers

PLEDGE OF CIVILITY

We will be respectful of each other even when we disagree.
We will direct all comments to the issues. We will avoid personal attacks.

 

VIDEO

VIDEO1.MEETING CALLED TO ORDER
A.MAYOR COVIELLO
2.INVOCATION/MOMENT OF SILENCE
A.COUNCILMEMBER GUNTER
3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER GUNTER
4.ROLL CALL
A.MAYOR COVIELLO, COUNCIL MEMBERS CARIOSCIA, COSDEN, GUNTER, NELSON, STOUT, WELSH, WILLIAMS
5.CHANGES TO AGENDA/ADOPTION OF AGENDA
6.RECOGNITIONS/ACHIEVEMENTS
VIDEOA.Hurricane Strong Award presented (virtually) to the City of Cape Coral by the Federal Alliance for Safe Homes
7.APPROVAL OF MINUTES
A.NONE
8.BUSINESS
A.PUBLIC COMMENT - CONSENT AGENDA
A maximum of 60 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual.
B.CONSENT AGENDA
(1)NONE
VIDEOC.CITIZENS INPUT TIME
A maximum of 60 minutes is set for input of citizens on matters concerning the City Government to include Resolutions appearing in sections other than Consent Agenda or Public Hearing; 3 minutes per individual.
D.PERSONNEL ACTIONS
(1)NONE
E.PETITIONS TO COUNCIL
(1)NONE
F.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
(1)NONE
9.ORDINANCES/RESOLUTIONS
VIDEOA.Public Hearings
NOTE: N/A
VIDEO(1)Ordinance 53-20 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the Code of Ordinances, Chapter 19, "Water and Sewer Utilities," Article V, "Extension Policy," Section 19-58, "Obligations of the City," to provide clarification of the City's responsibilities in the installation of utility lines when parcels are split or combined after initial installation.  (Applicant:  Brought forward by City Management.)

 

VIDEO(2)Ordinance 69-20 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance approving a five-year renewal of the Franchise granted to Peoples Gas System for the operation of a natural gas utility within the boundaries of the City.  (Applicant:  Brought forward by City Management.)

B.Introductions
VIDEO(1)Ordinance 54-20 (TXT 20-0007) Set Public Hearing for Transmittal for September 14, 2020

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Comprehensive Plan by amending Policy 1.15 of the Future Land Use Element to remove the Judd Creek Sub-District.  (Applicant:  Brought forward by City Management.) 

Planning & Zoning Commission Recommendation:  At their August 5, 2020 Regular Meeting, the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance 54-20.

City Management Recommendation:  City Management recommends approval for transmittal.  

VIDEO(2)Ordinance 55-20 Set Public Hearing for September 14, 2020

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Development Code, Article 5, "Development Standards," Chapter 2, "Accessory Structures," Section 5.2.4, "Attached and detached garages," by amending the requirements for attached and detached garage.  (Applicant:  Brought forward by Councilmember Gunter)

Planning & Zoning Commission Recommendation:  At their August 5, 2020 Regular Meeting, the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance 55-20.

City Management Recommendation:  City  Management recommends approval.

VIDEO(3)Ordinance 56-20 Set Public Hearing for September 14, 2020

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance repealing and replacing Article 5, Development Standards, Chapter 2, Accessory Structures, Section 5.2.15, Swimming Pools, Spas, and Hot Tubs, of the City of Cape Coral Land Development Code; providing regulations for swimming pools, spas, and hot tubs, including, but not limited to, locations, screening, handrails and grabrails. (Applicant:  Brought forward by Councilmember Gunter)

Planning & Zoning Commission Recommendation:  At their August 5, 2020 Regular Meeting, the Planning and Zoning Commission voted 5-2 to recommend approval of Ordinance 56-20. 

City Management Recommendation:  City Management recommends approval.

VIDEO(4)Ordinance 70-20 (ZA 20-0007*) Set Public Hearing for August 31, 2020

*Quasi-Judicial, All Persons Testifying Must be Sworn In

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Official Zoning District Map of all property within the limits of the City of Cape Coral by rezoning property described as Lots 21-27, Block 1089, Cape Coral Unit 23, from Professional Office (P) to Commercial (C) zone; by rezoning property described as Lots 37-39, Block 1089, Cape Coral Unit 23, from Single-Family Residential (R-1) to Commercial (C) zone; property is located at 102-112 Hancock Bridge Parkway and 128 SE Santa Barbara Place. (Applicant:  Donald Hinks) (1.19 acres)

Hearing Examiner Recommendation:  The Hearing Examiner recommends that City Council GRANT the rezoning application.

City Management Recommendation:  City Management recommends approval.

 

10.UNFINISHED BUSINESS
VIDEOA.Water Quality - Update
VIDEOB.Follow Up Items for Council
VIDEO11.NEW BUSINESS
VIDEOA.Presentation for the FY2019 Comprehensive Annual Financial Report (CAFR) and the FY2019 Annual Debt and Credit Report
VIDEOB.Proposed Strategic Plan and FY2021 Annual Audit Plan - Brought forward by City Auditor Russell
VIDEO12.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
VIDEO13.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEO14.TIME AND PLACE OF FUTURE MEETINGS
A.A Joint Cape Coral City Council and Budget Review Committee Budget Workshop is Scheduled for Tuesday, August 18, 2020 at 1:00 p.m. in Council Chambers
B.A Regular Meeting of the Cape Coral City Council is Scheduled for Monday, August 31, 2020 at 4:30 p.m. in Council Chambers
15.MOTION TO ADJOURN
GENERAL RULES AND PROCEDURES REGARDING 
THE CAPE CORAL CITY COUNCIL AGENDA 

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 meeting. If hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. 

Persons wishing to address Council under Citizens Input or the Consent Agenda may do so during the designated times at each meeting.  No prior scheduling is necessary.  All speakers must have their presentations approved by the City Clerk's office no later than 3:00 PM the day of the meeting. 

Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary. 

When recognized by the presiding officer, a speaker shall address the City Council from the designated speaker's lectern, and shall state his or her name and whom, if anyone, he or she represents.  An address shall only be required if necessary to comply with a federal, state of local law.

Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15 cents per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting.

*PUBLIC HEARINGS 
DEPARTMENT OF COMMUNITY DEVELOPMENT CASES 


In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, appeals concerning variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application: 

 1. The applicant, as well as witnesses offering testimony or presenting evidence, will be required to swear or affirm that the testimony they provide is the truth. 
   
 2.The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant's representative; witnesses called by the applicant, and then members of the public.  
   
 3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant's representative, City staff, or by any member of the public. 
   
 4. The Mayor may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject. 
   
 5. After the introduction of all-relevant testimony and evidence, the applicant shall have the opportunity to present a closing statement. 
   
 6.If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.