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

 June 2, 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

1.MEETING CALLED TO ORDER
VIDEOA.MAYOR GUNTER
2.INVOCATION/MOMENT OF SILENCE
A.COUNCILMEMBER WELSH
VIDEO3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER WELSH
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.NONE
VIDEO7.APPROVAL OF MINUTES
VIDEOA.Special Meeting - May 19, 2021
VIDEOB.Regular Meeting - May 19, 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 101-21 Award Request for Proposal RFD2140/MM for Emergency Food Services to the following firms: Lean Culinary Services, LLC d.b.a. DeliverLean and SLSCO. Ltd., on an as needed basis, at the unit price stated and authorize the City Manager or Designee to execute the contracts and renewals; Department: Fire; Annual Dollar Value: N/A - Amounts based on the severity of the event; (General Fund Committed Disaster Reserves)
(2)Resolution 105-21 Award Request for Proposal RFD219GL for Disaster Management and Administrative Services to Tetra Tech, Inc. as primary for the Disaster Management Services and secondary to the Administrative Services: Hagerty Consulting Services, Inc. as primary for the Administrative Services and secondary to the Disaster Management, at the unit prices provided in the request for Proposal; and authorize the City Manager of designee to execute the contract(s), purchase orders, amendment(s), and any renewals. The Contract with Hagerty Consulting Services, Inc. will be utilized in a not-to exceed amount of $100,000 for Administrative Services for pre-disaster preparedness program and the contract amount may be increased if needed in an event. The Disaster Management Services contract will be utilized on as needed basis; Department: Fire; Dollar Amount: $100,000; (All Hazard Fund) (Amounts may be increased, in an event, based on the severity of the disaster and General Fund Committed Disaster Reserves would be requested)
(3)Resolution 109-21 Approve Amendment #3 to the contract with the Florida Gulf Coast University Board of Trustees for small business development services by amending the location of such services at 1231 Lafayette Street, Cape Coral, FL; Department: Economic Development Division of City Manager's Office; Dollar Value: N/A; (Fund: N/A)
(4)Resolution 114-21 Acceptance of County Deed for the easterly extension of Diplomat Parkway East from NE 24th Avenue to the city limits and Assignment of Easements associated with perpetual stormwater drainage and utilities for said roadway project per 1994 Interlocal Agreement with Lee County; Department: Financial Services / Real Estate Division; Dollar Value: NTE $110.00; (Fund: Public Works Planning & Permitting)
(5)Resolution 120-21 Approve "School Board of Lee County, Florida Charter Renewal Contract" for Cape Coral Charter Middle School, known as Oasis Middle School
VIDEOB.PERSONNEL ACTIONS
(1)NONE
VIDEOC.PETITIONS TO COUNCIL
(1)NONE
VIDEOD.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
VIDEO(1)Construction Regulation Board - 1 Vacancy
VIDEO(2)Appoint Council Liaison to Charter Review Commission
VIDEOE.FOLLOW UP ITEMS FROM CITY MANAGEMENT
VIDEO(1)Water Quality - Update
VIDEO(2)COVID-19 Update
VIDEO10.ORDINANCES/RESOLUTIONS
VIDEOA.Public Hearings
VIDEO(1)Resolution 94-21 (VP 21-0002*) Public Hearing

*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 37-21 (LU20-0011) Public Hearing for Transmittal

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 Public Hearing

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 42-21 Public Hearing

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(5)Resolution 118-21 Public Input Establish an Application Fee for Abutting Property Owner Request for Seawall or Marine Improvement on Waterway Right-of-Way

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution establishes an application fee for abutting property owners to request the placement, installation, or construction of a seawall, alternative to vertical bulkhead, marine improvement, or any combination thereof, upon an unexcavated platted waterway right-of-way.  (Applicant:  Brought forward by City Management.)

VIDEO(6)Ordinance 43-21 Public Hearing

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) Public Hearing

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

2nd NOTE:  City Management will be requesting a continuance on this item.

VIDEO(8)Ordinance 34-21 1st Public Hearing (After 5:00 p.m.); Set 2nd and Final Public Hearing for June 16, 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(9)Ordinance 39-21 1st Public Hearing (After 5:00 p.m.); Set 2nd and Final Public Hearing for June 16, 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.

VIDEOB.Introductions
VIDEO(1)Resolution 110-21 (VP21-0004*) Set for Public Hearing for June 16, 2021

*Quasi-Judicial, All Persons Providing Testimony Must Be Sworn In

WHAT THE RESOLUTION ACCOMPLISHES:

A Resolution providing for the Vacation of Plat for a portion of the Majestic Canal Right-of-Way and all underlying easements located adjacent to Lots 58-59, Block 27, Cape Coral Unit 1 Part 2; providing for the Vacation of Plat for Public Utility and Drainage Easements associated with Lots 58-59, Block 27, Cape Coral Unit 1 Part 2; Property Located at 5302 Malaluka  Court. (Applicant: CT Lending Solutions)

Hearing Examiner Recommendation:  Approval with conditions

Department of Community Development Recommendation:  Approval with conditions

 

VIDEO(2)Ordinance 52-21 Set Public Hearing for June 16, 2021

WHAT THE ORDINANCE ACCOMLISHES:

The ordinance amends the City of Cape Coral Code of Ordinances, Chapter 10, Land, Waterway Use Restrictions, Article II, Waterway Restrictions, by establishing Section 10-15.2, Traversing Beneath, Under, or on Adjacent Right-of-Way to certain bridges, and prohibiting access to areas beneath, under or on adjacent right-of-way along the shoreline to certain bridges.  (Applicant:  Brought forward by Mayor Gunter.)

VIDEO(3)Ordinance 53-21 Set Public Hearing for June 16, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The Ordinance repeals Ordinance 45-21 which approved the establishment, by Lee County, of a Municipal Service Benefit Unit for solid waste.

(Brought forward by Councilmember Tate)

VIDEO(4)Ordinance 54-21 Set Public Hearing for June 16, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The Ordinance amends the City of Cape Coral Code Of Ordinances, Chapter 12, “Offenses and Miscellaneous Provisions”, by creating Article XV, “Dangerous Use of Public Rights-Of-Way”, Section 12-130, pertaining to the dangerous use of the public rights-of-way in the City of Cape Coral, by providing for the prohibition of stopping or standing in a median that is not a sufficient pedestrian refuge, providing for the prohibition of physical interaction between a pedestrian and an occupant of a motor vehicle that is not legally parked, and providing for enforcement and penalties.  (Applicant:  Brought forward by City Management.)

VIDEO11.UNFINISHED BUSINESS
VIDEOA.Follow Up Items for Council
VIDEO12.NEW BUSINESS
VIDEOA.NONE
VIDEO13.REPORTS OF THE MAYOR AND COUNCIL MEMBERS
VIDEO14.REPORTS OF THE CITY ATTORNEY AND CITY MANAGER
VIDEO15.TIME AND PLACE OF FUTURE MEETINGS
VIDEOA.A Committee of the Whole (Workshop) is Scheduled for Wednesday, June 9, 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.