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 19, 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.TRIBUTE TO A SOLDIER - COUNCILMEMBER WILLIAMS
VIDEO3.PLEDGE OF ALLEGIANCE
A.NATIONAL ANTHEM - DEVON CRANFORD, NORTH FORT MYERS HIGH SCHOOL
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
A.Cape Coral Southwest Water Reclamation Facility Florida Water Environment Association Earle B. Phelps 1st Place Award for Florida Wastewater Treatment Plants greater than 15 million gallons per day capacity - Presented by Utilities Director Pearson
VIDEO7.APPROVAL OF MINUTES
VIDEOA.Special Meeting - May 5, 2021
VIDEOB.Regular Meeting - May 5, 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.
9.BUSINESS
VIDEOA.CONSENT AGENDA
(1)Resolution 92-21 Approve purchase of Personal Protective Equipment (PPE) (Firefighting protective coats and pants), from Municipal Equipment Company, at the unit prices stated, not to exceed budgetary limit, piggybacking Sourcewell Contract #032620-LIO awarded by competitive bid to LION First Responder PPE, Inc.. Municipal Equipment Company, LLC is the authorized distributor for LION First Responder PPE, Inc.; and authorize the City Manager or Designee to execute the purchase order. Department: Fire Department Dollar Value: $184,145 (General Fund)
(2)Resolution 93-21 Approve Change Order to Purchase Order (PO) #21501789 to Florida Bullet, Inc. in the amount of $22,149 for additional purchase of ammunition, utilizing the City of Cape Coral Bid #ITB-PD19-01/MM; and authorize the City Manager or designee to execute the purchase order(s) and change order(s). This order will bring the purchases for FY21 to a total of $113,951 which exceeds the City Manager threshold; Department: Police Department; Dollar Amount $22,149; (General Fund)
(3)Resolution 96-21 Approve Agreement #CON-PW20-33/MM, with Schenkel & Shultz, Inc. to provide Professional Design Services for the Police Training Facility for a not to exceed sum of $634,325 plus a 5% City controlled contingency in the amount of $31,716 for additional services, if needed, for a total amount of $666,041; and authorize the City Manager or designee to execute the agreement(s), change order(s), renewal(s), and purchase orders; Department: Police Department; Dollar Value $666,041; (General Fund)
(4)Resolution 97-21 Approve Agreement #CON-PW20-85/MM with Wright Construction Inc. to provide Construction Manager at Risk Services for Fire Station #12 Phase 2, for the total Guaranteed Maximum Price (GMP) of $4,559,289; and authorize the City Manager or Designee to execute the agreement and change orders; Department: Public Works/Fire Department; Dollar Value $4,559,289;(Capital Project Fund: Fire Station 12 Construction Fund)
(5)Resolution 99-21 Approve Final Plat for Guthrie Estates; This replat encompasses five contiguous Cape Coral lots that will become two new homesites each comprised of 2 ½ existing lots located on SE 7th Avenue. Appropriate Public Utility and Drainage Easements will be provided; Department: DCD; Dollar Value: N/A; (Fund; N/A)
(6)Resolution 100-21 Approve FDEP Grant Agreement No. SD007 - Amendment No. 1 to the 2020 Cape Coral Reclaimed Water Transmission Main Caloosahatchee River Crossing Project FDEP Grant Agreement to increase grant amount from $597,465.19 to $763,393.00 and provides an additional five months ending December 1, 2021; Department: Utilities; (Water and Sewer Fund)
(7)Resolution 103-21 Approve Request for Qualification #RFN2143AP Prequalification of Bond Underwriting Services to the following top ten ranked firms; Bank of America, Citigroup Global Markets, Inc., Estrada Hinojosa and Company, Inc., Hilltop Securities, Inc., Jefferies, LLC, JP Morgan Securities, LLC., Morgan Stanley and Co, LLC., PNC Capital Markets, LLC., Raymond James and Associates, LLC., and Wells Fargo Bank NA, to establish a pool of prequalified underwriters for bond issuance; and authorize the City Manager or designee to execute any related documents; Department: Finance; Dollar Amount: N/A; (Fund: N/A)
(8)Resolution 106-21 Approve Post Project Maintenance Agreement between the Florida Department of Transportation (FDOT) and the City of Cape Coral to update school zones traffic control devices which will include flashers furnished and installed by FDOT through a grant valued at $466,000; Department: Public Works; Dollar Value: Annual maintenance costs for flashers $39,440; (Traffic Operations)
(9)Resolution 108-21 Approve proposed distribution of funds from the Edward Byrne Memorial Justice Assistance Grant Program and authorize Mayor to execute a letter of approval of the grant funded projects; Department: Police
VIDEO(10)ADDENDUM: Resolution 111-21 Approve termination of the contract between the City of Cape Coral and CBRE, Inc.; Department: EDO Division of City Manager's Office
B.PERSONNEL ACTIONS
(1)NONE
C.PETITIONS TO COUNCIL
(1)NONE
VIDEOD.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
VIDEO(1)Affordable Housing Advisory Committee - 1 Vacancy
VIDEO(2)Youth Council - Ida S. Baker High School Junior Vacancy
10.ORDINANCES/RESOLUTIONS
VIDEOA.Public Hearings
NOTE: N/A
VIDEO(1)Ordinance 44-21 Public Hearing

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(2)Ordinance 45-21 Public Hearing

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(3)Ordinance 46-21 Public Hearing

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(4)Ordinance 47-21 Public Hearing

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(5)Ordinance 48-21 Public Hearing

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.

VIDEOB.Introductions
VIDEO(1)Ordinance 34-21 Set First Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending Article 4, "Zoning Districts," Chapter 1, "General Provisions," Section 4.1.6., "Uses by  Zoning District - Use Hierarchy," Table 4.1.6 Use Table, of the City of Cape Coral Land Development Code, regarding Storage Uses; and by amending Article 11, "Definitions," Chapter 1, "General Provisions," Section 11.2., "Definitions," of the City of Cape Coral Land Development Code, regarding Storage Uses.

(Applicant: City of Cape Coral)

Planning and Zoning Commission Recommendation: Denial.

Community Development Department Recommendation: Approval.

VIDEO(2)Ordinance 37-21 (LU20-0011) Set Public Hearing for Transmittal for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Comprehensive Plan by amending the Future Land Use Map from Single-Family/Multi-Family (SM) to Commercial/Professional (CP) land use for a parcel of land lying in a portion of the east half of the southeast quarter of Section 7, Township 43 South, Range 23 East, Lee County, Florida; property located at 4450 Burnt Store Road North.  (Applicant: CC Land Development Company, LLC) (18.65 acres)

Planning and Zoning Commission Recommendation: Approval.

Community Development Department Recommendation: Approval.

VIDEO(3)Ordinance 38-21 Set Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Development Code, by amending Article 9, “Floodplain Management,” Sections 9.1.9., 9.2.2., 9.2.5., 9.2.7., And 9.8.4., regarding updates to code cross references; amending Chapter 8, “Flood Resistant Development,” Section 9.8.11., “Manufactured Homes,” regarding elevation requirements for manufactured homes; and by amending Article 11, “Definitions,” Chapter 1, “General Provisions,” Section 11.2., “Definitions,” regarding manufactured homes.

(Applicant: City of Cape Coral)

Planning and Zoning Commission Recommendation: Approval.

Community Development Department Recommendation: Approval. 

VIDEO(4)Ordinance 39-21 Set First Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Development Code, by amending Article 4, “Zoning Districts,” Table 4.1.3.B., “Zoning District Dimensional Standards,” regarding minimum lot area for Single Family Attached Dwellings and Multi-Family Dwellings in the CC zoning district; amending Article 4, “Zoning Districts,” Table 4.1.6, “Use Table,” regarding Single Family Attached Dwellings as a conditional use on Local Roads in the South Cape Zoning District; amending Article 5, “Development Standards,” Chapter 11, “Conditional Uses,” Section 5.11.3., regarding Single-Family Attached Dwellings;  amending Article 5, “Development Standards,” Chapter 11, “Conditional Uses,” Section 5.11.4., regarding Multi-Family Dwellings; and by Amending Article 11, “Definitions,” Chapter 1, “General Provisions,” Section 11.2., “Definitions,” regarding Multi-Family Dwellings and Mixed-Uses.

(Applicant: City of Cape Coral)

Planning and Zoning Commission Recommendation: Approval.

Community Development Department Recommendation: Approval.

VIDEO(5)Ordinance 42-21 Set Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending Article 5, Chapter 1, Section 5.1.9., “Work in the Public Right-of-Way and Public Utility Easements,” and Article 5, Chapter 4, Section 5.4.8., “Bulkheads, Seawalls, and Retaining Walls,” of the City of Cape Coral Land Development Code, regarding the placement, installation, or construction of seawalls and marine improvements into an unexcavated platted waterway right-of-way.  (Applicant:  Brought forward by City Management.) 

Planning & Zoning Recommendation: Approval

City Management Recommendation:  Approval

 

 

VIDEO(6)Ordinance 43-21 Set Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral Land Development Code, Article 7, “Signs,” Chapter 2, “Administration,” Section 7.2.1., “Prohibited Signs,” regarding signs attached to fences; amending Chapter 3, “Temporary Signs,” Section 7.3.1., “Temporary Signs,” regarding A-frame signs and all other temporary signs; amending Chapter 4, “Permanent Signs,” Section 7.4.1., “Permanent Signs – Residential,” regarding permanent residential signs; and by amending Article 11, “Definitions,” Chapter 1, “General Provisions,” Section 11.2., “Definitions,” regarding Public Art and Signs.  (Applicant:  Brought forward by Mayor Gunter)

(Applicant: City of Cape Coral)

Planning and Zoning Commission Recommendation: Approval.

Community Development Department Recommendation: Approval. 

VIDEO(7)Ordinance 49-21 (AX21-0001) Set Public Hearing for June 2, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance providing for Annexation of two parcels of land lying in Section 5, Township 44 South, Range 24 East, Lee County, Florida, as more particularly described herein; providing for redefinition of City Boundaries; providing for City of Cape Coral Fire Department and Utility Services. (Applicant:  Paul V. and Joan E. Campbell Trust) (Acreage 1.31 acres)

NOTE:  Due to the nature of this matter all those providing testimony is to be sworn in

VIDEO11.UNFINISHED BUSINESS
VIDEOA.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.Water Quality - Update
VIDEOB.COVID-19 Update
VIDEO15.TIME AND PLACE OF FUTURE MEETINGS
A.A Committee of the Whole is Scheduled for Wednesday, May 26, 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.