Mayor
John Gunter
Council Members
District 1: Gloria Raso Tate
District 2: Dan Sheppard
District 3: Tom Hayden
District 4: Jennifer I. Nelson
District 5: Robert M. 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

 March 17, 20214:30 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 GUNTER
VIDEO2.INVOCATION/MOMENT OF SILENCE
A.COUNCILMEMBER COSDEN
VIDEO3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER COSDEN
VIDEO4.ROLL CALL
A.MAYOR GUNTER, COUNCIL MEMBERS COSDEN, HAYDEN, NELSON, SHEPPARD, TATE, WELSH, WILLIAMS
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
VIDEO6.RECOGNITIONS/ACHIEVEMENTS
VIDEOA.Recognition of Receipt of the 2020 Tree City USA Award by the Arbor Day Foundation in Honor of the City's Commitment to Effective Urban Forest Management - Presented by Parks and Recreation Director Runyon
VIDEO7.APPROVAL OF MINUTES
A.Regular Meeting - March 3, 2021
VIDEO8.CITIZENS INPUT TIME
A maximum of 60 minutes is set for input of citizens on matters concerning the Consent Agenda and City Government within Council jurisdiction to include Resolutions appearing in Sections other than Public Hearings and Public Input; 3 minutes per individual.
VIDEO9.BUSINESS
VIDEOA.CONSENT AGENDA
(1)Resolution 266-20 Award Invitation to Bid #UT20-42/MC for Pump Rehabilitation and Repair to John Mader Enterprises, Inc., D/B/A Mader Electric Motors; TAW Orlando Service Center, Inc.; Tom Evans Environmental, Inc., and Gemini Enterprises of South Florida, Inc., D/B/A Electro Mechanical South of Sarasota, Inc., as the lowest responsive responsible bidder(s) meeting the specifications, at the hourly rates and percentage markup bid, not to exceed budgetary limit, and authorize the City Manager or designee to execute the agreements, change orders, renewal(s), and purchase orders. Department: Utilities Estimated Annual Dollar amount: $185,000 (Water and Sewer Fund - Estimated Five Year Total Dollar Amount: $875,000 - FY21-$185,000; FY22 – FY25 contingent on annual appropriation)
(2)Resolution 36-21 Award Request for Proposal (RFP) #RCA2090AP for Professional Auditing Services to CliftonLarsonAllen, LLP., for and authorize the City Auditor, City Manager or Designee to execute the contract, engagement Letters, renewals, and purchase orders; Department: City Auditor; Estimated Dollar Value: $189,893 FY2021, $198,450 for FY2022, and $207,008 for FY2023, for a three-year total of $595,351; (Cost allocated to funds such as General Fund, Water and Sewer, Stormwater)
VIDEO(3)Resolution 52-21 Approve Renewal #1 and Amendment #2 to Agreement ITB-PR20-18/APS Fertilizers, Pesticides and Grass Seed, to Mar Green Resources, LLC. and SiteOne Landscape Supply, LLC., as the lowest bidder within the respective awarded items, at the negotiated unit prices; and authorize the City Manager or designee to execute the Amendment and any future amendment(s) related to addition of items and renewals. The original contract was approved by Council on 4/6/2020 via Resolution 41-20 for an estimated annual dollar value of $238,000 not to exceed budgetary limits. The Renewal #1 and Amendment #2 does not change the estimated dollar value; Department: Parks and Recreation; Estimated Annual Dollar Value: $238,000; (General Fund $90,000/Special Revenue Fund-Golf Course $148,000)
(4)Resolution 54-21 Approve amendment to agreement CON-UT18-98/MC with Wharton-Smith, Inc. for Construction Manager at Risk Services for construction of (PHASE II) for the Southwest Water Reclamation Facilities Operations Building Project for a Guaranteed Maximum Price (GMP) of $15,300,217 and a City controlled contingency of $295,656 for a total project cost of $15,595,873 and authorize the City Manager or designee to execute Amendment #1, change order(s), purchase order(s) or any related documents; Department: Utilities; Dollar Amount $15,595,873; (Water and Sewer Fund)
VIDEO(5)Resolution 55-21 Approve Piggyback Contract #PPR2150AP utilizing the School District of Manatee County bid #21-0053-MR with Playmore West, Inc. for Playground, Shade System, Turf and Installation Services, on an as-needed basis not to exceed budgetary limits, allowing standardization of all the equipment in existing and future City Parks; and authorize the City Manager or Designee to execute the contract, renewals, purchase orders, and change orders; Department: Public Works; Dollar Amount $2,800,000; (General Fund/Governmental Capital Project Fund-funded by GO Bond)
(6)Resolution 61-21 Ratify award by Lee County Board of County Commissioners, to Andrew Sitework, LLC. as the lowest responsive, responsible bidder, for improvement of a portion of the Lee County bicycle and pedestrian facility network designated as Hancock Bridge Sidewalk Improvements - NE 16th Pl. to NE 24th Ave., with the City assuming all costs for the City’s utility work as described in the Joint Project Agreement, in the amount of $842,034, plus a 10% City controlled contingency of $84,203, for a total project cost of $926,237; and authorize the City Manager or designee to execute purchase order, change orders and/or supplemental agreements required by the Joint Purchase Agreement; Department: Utilities; Dollar amount: $926,237; (Water and Sewer Fund)
(7)Resolution 62-21 Approve a Lease agreement between The City of Cape Coral and Freeman & Hasselwander Resort Properties, LLC for the use of a dock for a Fire Department vessel; Department: Fire; Dollar Value: N/A (No cost lease.)
(8)Resolution 68-21 Request renewal by Lee County School District of the Charter for Cape Coral Charter Middle School for a term of 15 years
(9)Resolution 71-21 Acceptance of Public Cross Access Easement in a portion of the Cape Coral Sam’s Club Subdivision plat on SW Pine Island Road to provide access over and across a portion of said plat as described in the Sam’s Club Planned Development Project (PDP Ord. 59-13) and a portion of the Sam's East, Inc. ownership identified as Strap# 14-44-23-C2-00001.0000; Department: Financial Services / Real Estate Division; Dollar Value: N/A (Fund: N/A)
(10)Resolution 47-21 Approve and ratify an Agreement between the City and the International Union of Painters and Allied Trades, AFL-CIO Local 2301 (representing the Supervisory Unit) to amend Appendix 5 regarding safety sensitive positions; providing an effective date; Department: Human Resources; Dollar Value: N/A; (Fund: N/A)
(11)Resolution 48-21 Approve and ratify Agreement between the City and the International Union of Painters and Allied Trades, AFL-CIO Local 2301 (representing the Professional Unit) to amend Appendix 5 regarding safety sensitive positions; Department: Human Resources; Dollar Value: N/A; (Fund: N/A)
(12)Resolution 49-21 Approve and ratify an Agreement between the City and the International Union of Painters and Allied Trades, AFL-CIO Local 2301 (representing the Blue-Collar Unit) to amend Appendix 5 regarding safety sensitive positions; Department: Human Resources; Dollar Value: N/A; (Fund: N/A)
(13)Resolution 50-21 Approve and ratify an Agreement between the City and the International Union of Painters and Allied Trades, AFL-CIO Local 2301 (representing the White-Collar Unit) to amend Appendix 5 regarding safety sensitive positions; Department: Human Resources; Dollar Value: N/A; (Fund: N/A)
(14)Approval to create four new classifications and add eleven new FTEs in the Department of Community Development; Department: Community Development; Dollar Value $740,190; (Building Fund)
(15)Approval to create one new classification, reclassify two positions and eliminate one FTE in the Utilities Department; Department: Utilities; Dollar Value: Cost Savings of $6,484; (Water and Sewer Fund)
(16)Approval to create four new classifications and reclassify four positions in the Public Works Department; Department: Public Works; Dollar Value: Net dollar value: $74,773; (Fund: Cost by fund is $118,019 Stormwater fund, $8,792 Transportation fund, $7,265 General fund, and reduction of $59,303 Fleet and Facilities Internal Services funds)
(17)Approval to create three new classifications in the City Manager’s Office; Department: City Manager’s Office; Dollar Value: $10,861.13; (General fund)
B.PERSONNEL ACTIONS
(1)NONE
C.PETITIONS TO COUNCIL
(1)NONE
VIDEOD.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
VIDEO(1)Affordable Housing Advisory Committee - 3 Vacancies
VIDEO10.ORDINANCES/RESOLUTIONS
A.Public Hearings
NOTE: N/A
VIDEO(1)Ordinance 24-21 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends Chapter 12, "Offenses and Miscellaneous Provisions" of the Code of Ordinances by creating Article XIV, "Residential Rental Property", Section 12-129, pertaining to the registration of residential rental property in the City; provides for purpose and intent, definitions, registration of residential rental property required, and enforcement and penalties.  (Applicant:  Brought forward by City Management.)

VIDEO(2)Ordinance 77-20 (ZA 20-0008*) 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 Lots 5-14 and Lots 18-34, Block 5336, Cape Coral Unit 58, from Single-Family Residential (R-1) to Commercial Corridor (CC) zone; property is located west of the intersection of SW Pine Island Road and Burnt Store Road. (Applicant: Alex Diaz, Trustee) (3.15 acres)

Hearing Examiner Recommendation: Denial 

Community Development Recommendation: Approval

VIDEO(3)Ordinance 22-21 (ZA 20-0011*) 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 Block 4276, Lots 1-7 and 54-59, Cape Coral Subdivision, Unit 61, from Commercial (C) to Single-Family Residential (R-1) zone; property is located at 3227 Gulfstream Parkway and 3220-3240 NW 16th Terrace. (Applicant: City of Cape Coral) (1.53 acres)

Hearing Examiner Recommendation: Approval

Community Development Department Recommendation:  Approval

VIDEO(4)Ordinance 20-21 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance removing certain parcels from the Surplus Real Property Inventory List previously identified and approved in Ordinance 73-18, retaining and utilizing said properties for  municipal purposes.  (Applicant:  Brought forward by City Management.)

VIDEO(5)Ordinance 21-21 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance approves the sale of municipal surplus real property described as Lots 60 and 61, Block 5427, Cape Coral Unit 90, Pursuant to Section 2-155 of the City of Cape Coral Code of Ordinances and authorizes and directs the Mayor and Clerk to execute a deed conveying the aforementioned surplus real property to Walter Dombal and Christina D. Dombal; property located at 4635 NW 34th Terrace. (Applicant:  Brought forward by City Management.)  Purchase Price is $126,500.00.

VIDEOB.Introductions
VIDEO(1)Resolution 58-21 (VP 20-0014*) Set Public Hearing for April 7, 2021

*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 Windigo Canal Right-of-Way located adjacent to Lots 1 and 2, Block 4355, Unit 63, Cape Coral Subdivision; Property located at 913 SW 11th Court.  (Applicants:  Jacob Meyer and Brian Barnhart)

 

Hearing Examiner Recommendation: Approval with Conditions

Community Development Department Recommendation:  Approval with Conditions.

 

VIDEO(2)Resolution 59-21 (VP 20-0015*) Set Public Hearing for April 7, 2021

*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 Patricia Canal Right-of-Way located adjacent to Lot 33, Block 5936, Unit 93 Part 1, Cape Coral Subdivision; Property located at 2590 Surfside Boulevard.  (Applicants: Mario Garcia and Sonia Garcia)

Hearing Examiner Recommendation:  Approval with conditions of the vacation of the right-of-way as requested by Applicants and denial of the request for vacation of the underlying easements and additional easements as filed by Applicants.

Community Development Department Recommendation:  Approval with conditions of vacation of the canal right of way, denial of the request the vacate the easement underlying the unexcavated canal right of way, and denial of the request to vacate the six-foot platted easement along the south property line of Lot 33.

VIDEO(3)Ordinance 19-21 Set Public Hearing for April 7, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending Article 12, "Building Code and Engineering Design Standards," Chapter 1, "Adoption of Codes: Florida Building Code, the National Electrical Code, International Property Maintenance Code, and Engineering Design Standards," Sections 12.1 through 12.4, of the City of Cape Coral Land Development Code, regarding the adoption of Updated Code Editions.

Planning and Zoning Commission Recommendation:  Approval.

Community Development Department Recommendation:  Approval

VIDEO(4)Ordinance 23-21 (LU 20-0010) Set Public Hearing for April 7, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Comprehensive Plan by amending the Future Land Use Map from Commercial/Professional (CP) to Multi-Family Residential (MF) land use for property described as Lots 1 through 42, Block 4430, Unit 63, Cape Coral; property is located at 1018 SW 15th Terrace. (Applicant: TRAF, LLC) (5.38 acres)

Planning & Zoning Commission Recommendation: Approval

Community Development Department Recommendation: Denial

VIDEO(5)Ordinance 26-21 Set Public Hearing for April 7, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends the Cape Coral Code of Ordinances, Chapter 2, Administration, Article III, Personnel Rules and Regulations, Division 1, General Provisions, Section 2-25.3 and Section 2-25.4, Division 13, Compensation and Payment of Expenses, Sections 2-37.2 through 2-37.16, and Division 6, Involuntary Separations, Section 2-30.3, to provide that rates of pay of employees and relocation expenses be determined administratively within the applicable parameters. 

VIDEO11.UNFINISHED BUSINESS
A.Follow Up Items for Council
12.NEW BUSINESS
A.NONE
VIDEO13.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
VIDEO14.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEOA.COVID-19 Update
VIDEO15.TIME AND PLACE OF FUTURE MEETINGS
A.A Committee of the Whole Workshop Meeting is Scheduled for Friday, March 26, 2021 at 9:00 a.m. in Council Chambers
16.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 may do so during the designated time 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.