| | | | | | | | 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
April 21, 2021 | 4:30 PM | Council Chambers |
PLEDGE OF CIVILITYWe will be respectful of each other even when we disagree.
We will direct all comments to the issues. We will avoid personal attacks. VIDEO |
| | | | | | | | | 1. | MEETING CALLED TO ORDER | |
| | | | | | | | VIDEO | 2. | INVOCATION/MOMENT OF SILENCE | |
| | | | | | | | VIDEO | 3. | PLEDGE OF ALLEGIANCE | |
| | | | | | | | | | A. | MAYOR GUNTER, COUNCIL MEMBERS COSDEN, HAYDEN, NELSON, SHEPPARD, TATE, WELSH, WILLIAMS | |
| | | | | | | | VIDEO | 5. | CHANGES TO AGENDA/ADOPTION OF AGENDA | |
| | | | | | | | | 6. | RECOGNITIONS/ACHIEVEMENTS | |
| | | | | | | | VIDEO | 7. | APPROVAL OF MINUTES | |
| | | | | | | | VIDEO | 8. | 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. | |
| | | | | | | | | | | (1) | Resolution 72-21 Approve Contract #PPW2157MM with Charles Perry Partners, Inc., piggybacking Sourcewell, formerly NJPA (National Joint Powers Alliance) cooperative contract #FL-WCA-GC05-041019-CPP, to provide support for the Florida FDOT Lighting Maintenance project in the amount of $207,071 with a City controlled contingency of 10%, in the amount of $20,707, for a total amount of $227,778, and authorize the City Manager or designee to execute the contract, purchase order(s) and change orders; Department: Public Works; Dollar Value: $227,778; (General Fund) | | | | | (2) | Resolution 73-21 Approve award for Invitation to Bid # BUT2139KR and Agreement for the installation and testing of one Upper Floridan aquifer water supply well to Wells & Water Systems, Inc., as the lowest responsive, responsible bidder, in the amount of $429,760 with a city controlled contingency of 10% or $42,976, for a total amount of $472,736 and authorize the City Manager or designee to execute the contract(s), purchase orders(s), and change orders; Department: Utilities; Dollar Value $472,736; (Water & Sewer Fund) | | VIDEO | | | (3) | Resolution 77-21 Award Invitation to Bid #BPW2135AP to EHC, Inc. of Fort Myers, FL, for the Construction of FL SUN Trail (Ph 1) from Burnt Store Road to Nelson Road and additional related improvements indicated in the bid additive, as the lowest responsive, responsible bidder, in the amount of $4,767,206 for the base bid, plus the bid additive of $181,756 for a total of $4,948,962 and a 10% city controlled contingency of $494,896 for a project total of $5,443,858; And approve the use of Undesignated Reserves from the Five Cent and Road Impact Undesignated Reserves account in the amount of $874,101; And authorize the City Manager or Designee to execute the contract, purchase orders and change orders; Department: Public Works; Dollar Amount $5,443,858; (Transportation Capital Funding $4,569,756/Five Cent Undesignated Reserves $400,000/Road Impact Undesignated Reserves $474,101) | | | | | (4) | Resolution 78-21 Award Invitation to Bid #BPW2137AP for Spot Paving FY2021 to Pavement Maintenance, LLC. of Fort Myers, FL, for the milling, resurfacing, and select structural repairs or full depth pavement construction of local and major roads, as the lowest responsive, responsible bidder, in the amount of $890,420 with a 10% City controlled contingency of $89,042 for a project total of $979,462, and authorize the City Manager or Designee to execute the contract, purchase orders and change orders; Department: Public Works; Dollar Amount: $979,462; (Transportation Capital Projects Fund $932,217 / Water & Sewer Capital Project Fund $47,245) | | | | | (5) | Resolution 83-21 Approve a Stipulation for Entry of Final Judgment as to Parcel FP-109 in the eminent domain action captioned "City of Cape Coral v. Miguel A. Guerrero, et al." Case No. 20-CA-006826, Parcel No FP-109; property located at 1429 NW 27th Street | | | | | (6) | Resolution 84-21 Approve the agreement with Urban Land Institute (ULI), via a Waiver of the Procurement Process, for review and recommendation on development and planning issues associated with a variety of land use, real estate and organizational issues using the Institute’s Advisory Services Panel Program in the amount of $135,000; and authorize the City Manager or designee to execute the agreement; Department: City Manager’s office/EDO; Dollar Amount $135,000; (General Fund) | | | | | (7) | Resolution 89-21 Acceptance of Public Utility Easement in a portion of 1701 Old Pondella Road (Strap # 08-44-24-C1-01200.E000, Tract E, Eagle Subdivision 1) to provide access to and maintenance of utility facilities at this location associated with Site Plan SP19-0019 – Fairfield by Marriott Inn & Suites. Department: Financial Services / Real Estate Division; Dollar Value: N/A; (Fund: N/A) | | | | | (8) | Resolution 90-21 Acceptance of Public Sidewalk Easement in a portion of 1401 SW Pine Island Road (Strap #15-44-23-C4-03613.1000; a portion of Block 3613, Cape Coral Unit 49) to provide public access and use of sidewalk improvements at this location in association with Site Plan SP20-0048 – Joe V’s Farm Market. Department: Financial Services / Real Estate Division; Dollar Value: N/A; (Fund: N/A) | | | | | (9) | Resolution 91-21 Approve the Final Plat for Gator Circle Park; This replat for the Gator Circle Park encompasses two City owned parcels of land located in the south west corner of De Navarra Parkway and Garden Boulevard. The replat will combine the two larger parcels and create a Right of Way tract to accommodate previously constructed improvements to De Navarra Parkway; Department: DCD; Dollar Value: N/A; (Fund; N/A) | |
| | | | | | | | | | D. | APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS | |
| | | | | | | | VIDEO | 10. | ORDINANCES/RESOLUTIONS | |
| | | | | | | | VIDEO | | | (1) | Ordinance 28-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An ordinance amending the City of Cape Coral Code of Ordinances, Chapter 18, Traffic, by repealing Section 18.7, Golf Cart Allowable Areas. (Applicant: Brought forward by City Council) | | VIDEO | | | (2) | Resolution 74-21 Public Input | | | | | | WHAT THE RESOLUTION ACCOMPLISHES:
A resolution repealing Resolution 4-01, a resolution designating certain city streets in an area adjacent to Saratoga Lake as suitable for use by golf carts pursuant to Section 18-7 of the Code of Ordinances. (Applicant: Brought forward by City Council) | | VIDEO | | | (3) | Ordinance 30-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The ordinance amends Chapter 12, "Offenses and Miscellaneous Provisions" of the Code of Ordinances, by amending Article II, "Offenses Creating Nuisances", Section 12-23(b) to prohibit overnight parking of commercial vehicles and trailers on certain public streets posted with signs, and by amending Section 12-23(f) to prohibit overnight parking of commercial vehicles on certain public streets posted with signs. (Applicant: Brought forward by City Management.) | | VIDEO | | | (4) | Resolution 75-21 (VP20-0011*) Public Hearing | | | | | | *Quasi-Judicial, All Persons Testifying must be Sworn In
WHAT THE RESOLUTION ACCOMPLISHES:
A resolution providing for the vacation of plat for easements underlying a previously vacated street right-of-way being a part of SW 54th Street adjacent to Lots 25-27, Block 184, Cape Coral Unit 3; providing for the vacation of plat for public utility and drainage easements associated with Lots 25-27, Block 184, Cape Coral Unit 3; providing for the vacation of plat for a portion of the Pioneer and Bimini canals located adjacent to Lot 26, Block 184, Cape Coral Unit 3; property located at 111 SW 54th Street. (Applicant: Mark and Gina Queiros)
Hearing Examiner Recommendation: Approval with Conditions
Community Development Recommendation: Approval with Conditions | | VIDEO | | | (5) | Ordinance 31-21 (PUD19-0001*) 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 approving a Planned Unit Development entitled “Surfside Apartments, Zimmer Development,” including rezoning property described as Block 5916, Cape Coral Unit 92, as more particularly described herein, from the Residential Multi-Family Low (RML) zone to a Residential Planned Unit Development (RPUD), and approval of a Master Concept Plan for a multi-family development; property located at 2200-2224 Oasis Palm Circle between SW 23rd Street to the north, SW 21st Avenue to the east, Veterans Memorial Parkway to the south, and Surfside Boulevard to the west; providing for findings of fact and conclusions of law; providing for conditions of approval. (Applicant: ZP NO 339, LLC) (Acres: ±19.89)
Hearing Examiner Recommendation: Approval with Conditions
Community Development Recommendation: Approval with Conditions | | VIDEO | | | (6) | Ordinance 27-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The ordinance amends the City of Cape Coral Code of Ordinances, Chapter 2, Administration, Article VI, Pensions, Division 1, Police Pension, Section 2-121.6, Benefit Amounts and Eligibility, Section 2-121.7, Death Benefits, Section 2-121.10, Optional Forms of Benefits, Section 2-121.16, Minimum Distribution of Benefits, Section 2-121.17, Miscellaneous Provisions, Section 2-121.26, Military Service prior to Employment, and Section 2-121.28, Prior Police Service. (Applicant: Brought forward by the Pension Board) | | VIDEO | | | (7) | Ordinance 32-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The ordinance approves the sale of municipal surplus real property described as Lots 7 and 8, Block 5413, 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 Terrell Patton Youngblood Jr., property located at 3216 NW 45th Place. (Applicant: Brought forward by City Management.) Note: Purchase price is $120,000.00. | | VIDEO | | | (8) | Ordinance 33-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The ordinance approves the sale of municipal surplus real property described as Lots 49 and 50, Block 5152, Cape Coral Unit 83, 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 Groff Building Contractors, LLC, property located at 2843 NW 46th Place. (Applicant: Brought forward by City Management.) Note: Purchase price is $107,500.00. | |
| | | | | | | | VIDEO | | | (1) | Ordinance 35-21 (ZA20-0013*) Set Public Hearing for May 5, 2021 | | | | | | *Quasi-Judicial, All person Testify 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 1-8, Block 4555, Unit 68, Cape Coral Subdivision, from Commercial (C) to Residential Multi-Family Low (RML) Zone; property is located at 801-813 SW 8TH Street. (Applicant: John Koza, John Michael Koza Contracting, Inc.) (Acreage:1.01 acres) | | VIDEO | | | (2) | Ordinance 29-21 (TXT21-0002) Set Public Hearing for May 5, 2021 | | | | | | 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 amend the Judd Creek Sub-District. (Applicant: City of Cape Coral).
| | VIDEO | | | (3) | Ordinance 36-21 Set Public Hearing for May 5, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An Ordinance amending the City of Cape Coral Code of Ordinances, Chapter 8, Fire Prevention and Emergency Management, Article II, Fire Prevention, by amending Sections 8-9, Purpose and Scope, Enforcement, to add Investigations; 8-10, City of Cape Coral Fire Prevention and Protection Code Adopted; Amendments to Fire Codes, to be consistent with the current edition of the National Fire Codes; by amending Section 8-14, Burn Ban Implementation Procedures, to add other disasters and under advisement of the Fire Chief. (Applicant: Brought forward by City Management.) | | VIDEO | | | (4) | Ordinance 40-21 Set Public Hearing for May 5, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The Ordinance approves the sale of municipal surplus real property sale described as Lots 38 and 39, Block 2986, Cape Coral Unit 42, Part 1, 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 Danny Garcia; property located at 1231 NW 20th Terrace. (Applicant: Brought forward by City Management.) NOTE: The purchase price is $15,500.00. | | VIDEO | | | (5) | Ordinance 41-21 Set Public Hearing for May 5, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The Ordinance approves the sale of municipal surplus real property sale described as Lots 49 and 50, Block 5437, 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 Michael Essig, Stephanie R. Rouch and Worth A. Packer; property located at 4411 NW 35th Terrace. (Applicant: Brought forward by City Management.) Note: The purchase price is $111,750.00. | | VIDEO | | | (6) | Ordinance 25-21 Set Public Hearing for May 5, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An Ordinance amending Article III, "Development Review," Chapter 6, "Other Approvals," of the City of Cape Coral Land Development Code, by creating Section 3.6.2, "Dogs in Food Service Establishments." (Applicant: Brought forward by City Management.)
Planning & Zoning Commission Recommendation: Approval
Community Development Recommendation: Approval | |
| | | | | | | | VIDEO | 11. | UNFINISHED BUSINESS | |
| | | | | | | | VIDEO | 13. | REPORTS OF THE MAYOR AND COUNCIL MEMBERS | |
| | | | | | | | VIDEO | 14. | REPORTS OF THE CITY ATTORNEY AND CITY MANAGER | |
| | | | | | | | VIDEO | 15. | TIME AND PLACE OF FUTURE MEETINGS | |
| | | | | | | | | | A. | A Committee of the Whole is Scheduled for Wednesday, April 28, 2021 at 3:00 p.m. in Council Chambers | |
| | | | | | | | VIDEO | 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.
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| | | | | | | | | *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. |
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