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

 September 14, 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
VIDEO2.INVOCATION/MOMENT OF SILENCE
VIDEOA.COUNCILMEMBER STOUT
3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER STOUT
VIDEO4.ROLL CALL
A.MAYOR COVIELLO, COUNCIL MEMBERS CARIOSCIA, COSDEN, GUNTER, NELSON, STOUT, WELSH, WILLIAMS
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
6.RECOGNITIONS/ACHIEVEMENTS
A.NONE
VIDEO7.APPROVAL OF MINUTES
A.Regular Meeting - August 31, 2020
VIDEO8.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.
VIDEOB.CONSENT AGENDA
(1)Resolution 197-20 Approval of Final Plat for Piedmont Del Prado; This Plat is for the redevelopment and expansion of the Goodwill Store on Del Prado Blvd. Department: DCD; Dollar Value: N/A; (Fund: N/A)
(2)Resolution 201-20 Approval to Accept the Grant Agreement Between the City of Cape Coral and the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program Supplemental (AFG-S) for COVID-19 Related Personal Protective Equipment (PPE), and Authorize the City Manager or Designee to Execute all Related Grant Documents; Department: Fire; Grant Dollar Value: Total Award $37,120.45; City Match $3,374.55 (Fund: Fire Operations)
(3)Resolution 203-20 Award Extension #1 and Amendment #3 for Contract #FIN15-48/SH for Property Liability Insurance and Workers Compensation insurance coverage to Florida Municipal Insurance Trust (Administered by Florida League of Cities, Inc.) for the City, Community Redevelopment Area (CRA) and the Charter Schools in the estimated amount of $2,806,677 and authorize the City Manager or Designee to execute the contract and/or policy, any additional documents necessary to obtain the insurance, purchase orders and change orders; Department: Finance; Estimated Dollar Value: $2,806,677; (Insurance/Workers’ Compensation Fund- Internal Service Fund)
(4)Resolution 204-20 Award ITB-PW20-64/APS Local Road Resurfacing FY2020 to Pavement Maintenance, LLC of Ft. Myers, FL, for the asphaltic paving of approximately 39 lane miles of local roads as the lowest responsive, responsible bidder, in the amount of $1,787,093 with a 5% city controlled contingency of $89,355 for a total project cost of $1,876,448 and authorize the City Manager or Designee to execute the contract, purchase orders and change orders; Department: Public Works; Dollar Value: $1,876,448; (General Fund -$1,727,348/Water & Sewer-$149,100)
(5)Resolution 206-20 Acceptance of Florida's Bicycle Pedestrian Focused Initiative: High Visibility Enforcement to conduct operations on an overtime basis; Department: Police; Dollar Value $11,493; No cash match; (Fund: N/A)
(6)Resolution 207-20 A Resolution requesting authorization to extend payment up to $5,000 in reimbursable relocation expenses as allowed in section 2-37.3 of the City of Cape Coral Code of Ordinances to the selected candidate for the Financial Services Director and the Collection & Distribution Manager in Utilities Department position; Department(s): Finance and Utilities; Dollar Value: maximum of $5,000 per position; (General Fund)
(7)Resolution 215-20 Approval of the 2020-2021 Program-Funded State and Local Task Force Agreement (TFA) between the United States Department of Justice, Drug Enforcement Administration (DEA), and the City of Cape Coral o/b/o the Cape Coral Police Department and authorizing the Chief of Police to execute all necessary documents; Renewal; Department: Police; Dollar Value: Not to exceed $19,180; (reimbursement by DEA).
(8)Resolution 216-20 Approval of North 2 Utilities Extension Project (UEP) Plumbing Connection Time Extension; Department: Public Works/UEP Division; Dollar Value: N/A; (Fund: N/A)
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
VIDEOF.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
(1)Municipal Firefighters' Pension Trust Fund Board of Trustees - Ratification of 5th Trustee
VIDEO9.ORDINANCES/RESOLUTIONS
A.Public Hearings
NOTE: Testimony for any Quasi-Judicial Hearings listed below may be heard in person by attending the meeting or via phone participation. Please contact the City Clerk (574-0417) to arrange the Phone Participation by 12:00 p.m. on September 14, 2020.
VIDEO(1)Resolution 186-20 (VP 20-0005*) Public Hearing

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

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution providing for the vacation of plat for a portion of the Manor Canal right-of-way and all underlying easements located adjacent to Lots 15-16, Block 104, Cape Coral Unit 5; providing for the vacation of plat for public utility and drainage easements associated with Lots 15-16, Block 104, Cape Coral Unit 5; property located at 5106 Atlantic Court. (Applicant: Borre Andersen)

Hearing Examiner Recommendation:  The Hearing Examiner recommends approval of the application for the requested vacation, subject to the conditions set forth in the VP HEX Recommendation 7-2020.

City Management Recommendation:  City Management recommends approval.

VIDEO(2)Ordinance 54-20 (TXT 20-0007) Public Hearing for Transmittal

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(3)Ordinance 55-20 Public Hearing

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(4)Ordinance 56-20 Public Hearing

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(5)Ordinance 71-20 (ZA 20-0003*) Public Hearing

*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 all of Block 3082, Cape Coral Subdivision, Unit 62, from Single-Family Residential (R-1) to Residential Multi-Family Low (RML) zone; property is located at 18-208 Trafalgar Parkway and 19-209 SW 16th Terrace.  (Applicant: City of Cape Coral) (6.5 acres)

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

City Management Recommendation:  City  Management recommends Approval of the proposed rezone request.

VIDEO(6)Ordinance 76-20 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

The Ordinance authorizes the City Manager to exchange municipal surplus property described as Lots 49 and 50, Block 5460, Unit 90, Cape Coral Subdivision, for real property described as Lots 51 and 52, Block 5460, Unit 90, Cape Coral Subdivision and authorizes the conveyance of surplus real property described herein pursuant to Section 2-155 of the City of Cape Coral Code of Ordinances and directs the Mayor and City Clerk to execute the Deed conveying the aforementioned surplus real property. (Applicant:  Brought forward by City Management.)

VIDEOB.Introductions
VIDEO(1)Ordinance 72-20 (LU 19-0007) Set Public Hearing for October 5, 2020

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Comprehensive Plan by amending the Future Land Use Map from Intensive Development (a Lee County designation) to Light Industrial (I) land use for property described as two parcels of land lying in Section 8, Township 44  South, Range 24 East, Lee County, Florida; property located at 1109-1111 Pondella Road.  (Applicant: Honc Docks and Lifts, Inc.) (6.21 acres)

Planning & Zoning Recommendation:  At their September 2, 2020 meeting,the Planning & Zoning Commission recommended approval of Ordinance 72-20.

City Management Recommendation:  City Management recommends approval.

VIDEO(2)Resolution 198-20 (VP 20-0001*) Set Public Hearing for September 21, 2020

*Quasi-Judicial, All Persons Testifying Must Be Sworn in

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution providing for the vacation of plat for a portion of the Rose Canal right-of-way and all underlying easements located adjacent to Lots 1 and 2, Block 4681, Unit 70, Cape Coral Subdivision; providing for the vacation of plat for platted easements located in Lots 1 and 2, Block 4681, Cape Coral Unit 70; property located at 2029 SW 41st Street. (Applicant: John K. and Shirley J. Ellwood)

Hearing Examiner Recommendation:  The Hearing Examiner recommends that the City Council deny the application for the requested vacation, for the reasons set forth in VP HEX Recommendation 8-2020.

City Management Recommendation:  City Management recommends approval with conditions.

VIDEO(3)Ordinance 78-20 Set Public Hearing for October 5, 2020

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends Chapter 2, Administration, Article VI, Pensions, Division 2, Firefighter Pension of the Code of Ordinances, to amend Section 2-122.6 Benefit Amounts and Eligibility; Section 2-122.10, Optional Forms of Benefit; Section 2-122.16, Minimum Distribution of Benefits; and Section 2-122.17, Miscellaneous Provisions.  (Applicant:  Brought forward by the Firefighters' Pension Board of Trustees)

 

VIDEO10.UNFINISHED BUSINESS
VIDEOA.Water Quality - Update
B.Follow Up Items for Council
11.NEW BUSINESS
A.Resolution 177-20 Approve Fourmile Cove Ecological Preserve Management Plan; Department: Parks and Recreation; Dollar Value: N/A; (Fund: N/A)
VIDEOB.Resolution 218-20 Amend Council Rules of Procedure-Citizens Input Time - Brought forward by Mayor Coviello
VIDEO12.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
13.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEO14.TIME AND PLACE OF FUTURE MEETINGS
A.A Special Meeting of the Cape Coral City Council is Scheduled for Thursday, September 17, 2020 at 5:05 p.m. in Council Chambers (2nd and Final Public Hearing)
B.A Regular Meeting of the Cape Coral City Council is Scheduled for Monday, September 21, 2020 at 4:30 p.m. in Council Chambers
C.A Committee of the Whole Meeting is Scheduled for Wednesday, September 23, 2020 at 4:30 p.m. in Council Chambers
VIDEO15.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.