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

 May 5, 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 SHEPPARD
VIDEO3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER SHEPPARD
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.100 Best Fleets in the Americas and Automotive Service of Excellence (ASE)
VIDEOB.Awards Presentation from the Florida City & County Management Association
VIDEO7.APPROVAL OF MINUTES
A.Regular Meeting - April 21, 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 20-21 Approve the Hazard Mitigation Grant Program (HMGP) Increase in Federal Funding to $94,061.25 and Authorize the City Manager to Execute the Grant and Procurement-Related Documents. Department: Fire; Dollar Value: $125,414.50; City Match: $31,353.25 (Fund: 001-22110-564101 All Hazards Capital Equipment and 001-22110-552199 All Hazards Other Operating Materials and Supplies)
(2)Resolution 85-21 Award ITB #BPW2081MC for the Nicholas Parkway West Access Management and Watermain Improvement project to PWC Joint Venture, LLC. as the lowest responsive responsible bidder, in the amount of $5,739,782 plus a 10% City controlled contingency or $573,978 for a total of $6,313,760 and authorize the City Manager or designee to execute the agreement(s), change order(s), renewal(s), and purchase orders; Department(s): Public Works; Dollar Amount: $6,313,760; (Water and Sewer Fund, Stormwater Fund, Special Revenue Fund - Five Cent Gas Tax, Governmental Capital Project Fund)
(3)Resolution 86-21 Award Invitation to Bid #BPW2146AP Purchase and Delivery of Stormwater Pipe to Core & Main, LP of Fort Myers, FL, Ferguson Waterworks of Fort Myers, FL, and Fortiline Waterworks of Concord, NC., for the purchase of High Density Polyethylene (HDPE) or Corrugated Aluminum Pipe (CAP) and associated parts used in the maintenance and capital work involving the City’s stormwater drainage groups, at the unit prices bid, respectively, for an estimated annual dollar value of $160,000 not to exceed budgetary limits and authorize the City Manager or designee to execute the agreement, renewals, purchase orders, and change orders; Department: Public Works; Dollar Amount: $160,000; (Stormwater Fund)
(4)Resolution 88-21 Approve Agreement between The Florida Fish and Wildlife Conservation Commission and City of Cape Coral for Boating Access Projects; Department: Parks & Recreation; Dollar Value: N/A; (Fund: N/A)
(5)Resolution 95-21 Approve the amended Engagement Letters for the Fire Department Pension Plan, General Employees’ Pension Plan and the Police Department Pension Plan for Request for Proposal #RCA2090AP for Professional Auditing Services to CliftonLarsonAllen, LLP., and authorize the City Auditor, City Manager or Designee to execute the contract, engagement Letters, renewals, and purchase orders. Original agreements were approved via Resolution 36-21 on 3/17/21. Department: City Auditor Estimated Dollar Value: No change to original approval of $595,351 for three years - $189,893 FY2021, $198,450 for FY2022, and $207,008 for FY2023 (Cost allocated to funds such as General Fund, Water and Sewer, Stormwater)
(6)Resolution 98-21 Approve the Second Amendment to the Interlocal Agreement between the City of Cape Coral and Lee County to provide additional lease space to house Lee County EMS within the City’s fire stations; Department: Fire; Estimated Dollar Value: $33,826; (General Fund).
(7)Resolution 102-21 Amend City Council Agenda Rules of Procedure concerning Council Decorum - Brought forward by Mayor Gunter
(8)Settlement Agreement in the case of Matlacha Civic Association, Inc., et al. v. City of Cape Coral, Case No. 17-CA-123
VIDEO(9)ADDENDUM: Resolution 104-21 Ratify the emergency purchase of a Grappler Truck (Capital Equipment) in the amount of $147,785.71 to RDK truck Sales; authorize the use of unassigned fund balance (reserves), if needed; and authorize the City Manager to execute the purchase order; Department(s): Public Works; Dollar value: $147,785.71; (Stormwater Fund Balance)
B.PERSONNEL ACTIONS
(1)NONE
C.PETITIONS TO COUNCIL
(1)NONE
VIDEOD.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
(1)Youth Council - 10 Vacancies
VIDEO10.ORDINANCES/RESOLUTIONS
A.Public Hearings
NOTE: N/A
VIDEO(1)Ordinance 35-21 (ZA 20-0013*) 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 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 5-21 (LU 20-0008) Final Public Hearing

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 Mixed Use (MX) land use for property described as Lots 35-47, Block 2175, Lots 1-49, Block 2176, and Lots 1-21, Block 2177, all in Unit 32, Cape Coral Subdivision, and a tract or parcel of land lying in Section 30, Township 43 South, Range 24 East, Lee County, Florida; property is located at 1009-1527 Kismet Parkway East and 2500 Del Prado Boulevard North. (Applicant: City of Cape Coral) (182.09 acres)

Planning & Zoning Recommendation: Approval

Community Development Department Recommendation: Approval

VIDEO(3)Ordinance 29-21 (TXT 21-0002) 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 amend the Judd Creek Sub-District.  (Applicant: City of Cape Coral).

Planning & Zoning Commission Recommendation:  Approval

Community Development Department Recommendation:  Approval

 

VIDEO(4)Ordinance 36-21 Public Hearing

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(5)Ordinance 40-21 Public Hearing

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(6)Ordinance 41-21 Public Hearing

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(7)Ordinance 25-21 Public Hearing

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(8)Resolution 57-21 Public Input

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution establishing an application fee for an outdoor dog dining permit to allow patrons' dogs within certain designated outdoor portions of public food service establishments.  (Applicant:  Brought forward by City Management.)

VIDEOB.Introductions
VIDEO(1)Resolution 94-21 (VP 21-0002*) Set Public Hearing for May 19, 2021

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

WHAT THE RESOLUTION ACCOMPLISHES:

A Resolution providing for the Vacation of Plat for Public Utility and Drainage Easements located between Lots 37 and 38, between Lots 5-7 and 38-40, and between Lots 34 and 35, Block 1931, Cape Coral Unit 29; property located at 426 SW 3RD Court.  (Applicant: Southern Impression Homes, LLC) (Acreage: 1.01 acres)

Hearing Examiner Recommendation: Approval with Conditions

Community Development Department Recommendation: Approval with Conditions.

VIDEO(2)Ordinance 44-21 Set Public Hearing for May 19, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends the Code of Ordinances by repealing in their entirety Chapter 5, Article II-1/2, Seawalls, Chapter 8, Article V, Fire Protection Assessments, Chapter 9, Article III-1/2, Solid Waste Service Assessment, and Chapter 17, Public Improvements by Special Assessment; provides a consolidated and unified procedure for the imposition of special assessments by establishing a new Chapter 17 of the Code of Ordinances entitled "Special Assessments"; and amends Chapter 9, Article V, Lot Mowing Services, to revise the procedure by which lot mowing services are imposed, collected and administered.  (Applicant:  Brought forward by City Management.)

VIDEO(3)Ordinance 45-21 Set Public Hearing for May 19, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance provides for the establishment of a Municipal Service Benefit Unit by Lee County to be known as the "Municipal Solid Waste Disposal Facilities Benefit Program, MSBU", provides the terms for consent of the MSBU, and inclusion of City property in the MSBU.  (Applicant:  Brought forward by City Management.)

VIDEO(4)Ordinance 46-21 Set Public Hearing for May 19, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends Ordinance 74-20, as amended by Ordinance 13-21, which adopted the City of Cape Coral operating budget, revenues and expenditures, and capital budget for Fiscal Year 2021 by increasing the total revenues and expenditures by a total of $98,170,254.  (Applicant:  Brought forward by City Management)

VIDEO(5)Ordinance 47-21 Set Public Hearing for May 19, 2021

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance approves the sale of municipal surplus real property described as Lots 37 and 38, Block 5463, 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 Atlantic Premium Properties, LLC, property located at 4013 NW 43rd Avenue.   (Applicant:  Brought forward by City Management.)  Note:  The purchase price is $90,000.00.

VIDEO(6)Ordinance 48-21 Set Public Hearing for May 19, 2021

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance approves the sale of municipal surplus real property described as Lots 14 and 15, Block 4106, Cape Coral Unit 57, 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 Winfield Group, LLC, property located at 1754 NW 26th Avenue. (Applicant:  Brought forward by City Management.)  Note:  The purchase price is $35,000.00.

11.UNFINISHED BUSINESS
VIDEOA.Follow Up Items for Council - Waste Pro Update
12.NEW BUSINESS
A.NONE
VIDEO13.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
VIDEO14.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEOA.Water Quality - Update
VIDEOB.COVID-19 Update
VIDEO15.TIME AND PLACE OF FUTURE MEETINGS
A.A Committee of the Whole Meeting is Scheduled for Wednesday, May 12, 2021 at 3:00 p.m. in Council Chambers
VIDEO16.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.