| | | | | | | | 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 16, 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 |
| | | | | | | | 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) | REVISED Resolution 69-21 Approve agreement with Automated Merchant Services (AMS) for processing customer e-checks payment on the City’s website, at the unit price stated, not to exceed budgetary limits, approve the Single Source with AMS and authorize the City Manager or designee to execute the agreements, any related documents, renewals and purchase orders. The term of the contract is for three year with an estimated annual cost of $76,000 for a total three year estimated cost of $228,000 with annual renewals after the initial three-year period; Department: Finance; Estimated Dollar Value: $228,000; (General Fund - annual expenditure is contingent on annual appropriations) | | | | | (2) | Resolution 112-21 Approve MyHealth Onsite Contract Amendment #1, to amend the estimated Health and Wellness Center budget with an annual increase of $70,000 to add one additional Licensed Practical Nurse (LPN) to the existing MyHealth Onsite staff. The Wellness Center utilization maintains over 85% capacity. To authorize the City Manager or his designee to execute Amendment #1; Department: Human Resources; Dollar Value: $70,000 annual for a total annual agreement amount of $1,551,464; (Fund: Self-Insured Health Plan) | | | | | (3) | Resolution 113-21 Approve Final Plat for Stonewater Subdivision consisting of 327 single family lots located in the southwest corner of Tropicana Parkway and Nelson Road. Department: Community Development; Dollar Value: N/A; (Fund: N/A) | | | | | (4) | Resolution 115-21 Approve Agreement PUT2186MC with Odyssey Manufacturing Co., utilizing the City of Tarpon Springs Contract #200076-B-JL, for the purchase and delivery of Sodium Hypochlorite at a delivered unit price of $0.60 per gallon with an estimated annual cost of $739,200 not to exceed budgetary limit; and authorize the City Manager or Designee to execute the contract, renewals, and any other related documents; Department: Utilities; Estimated Dollar Value: $739,200; (Water and Sewer Fund) | | | | | (5) | Resolution 117-21 Award Invitation to Bid #BPW2136AP for Sonovoid Bridge Repair to M & J Construction Company of Pinellas County, Inc. for the repair of 27 sonovoid bridge structures located throughout the City, as the lowest responsive, responsible bidder, in the amount of $798,765 with a 10% City controlled contingency of $79,877 for a project total of $878,642, and authorize the City Manager or Designee to execute the contract, purchase orders and change orders; Department: Public Works; Dollar Amount: $878,642; (Restricted Fund- 5 cents gas tax) | | | | | (6) | Resolution 121-21 Approve Interlocal Agreement Between the City of Cape Coral and the Cape Coral Community Redevelopment Agency to make improvements to Big John's parking lot; (CRA Resolution 6-21) | | | | | (7) | REVISED Resolution 123-21 Approve grant for dock and seawall improvements at the Yacht Club from the State Boating Infrastructure Grant Program and required matching funds; Department: Parks & Recreation; Grant Dollar Value: $881,250; Matching Funds from GO Bond Fund: $2,295,000; Total: $3,176,250 | | | | | (8) | Resolution 124-21 Approve three License Agreements for the temporary use of portions of private properties, located at 1612 and 1811 Cape Coral Parkway East and 4811 Del Prado Boulevard South, for the 2021 Red, White & Boom Fourth of July community event and authorize the City Manager, or his designee to execute the agreements; Department: Financial Services / Real Estate Division; Dollar Value: N/A; (Fund: N/A) | | | | | (9) | Resolution 126-21 Approve Contract for the purchase of Lots 60 and 61, Block 3699, Unit 50, Cape Coral Subdivision, 2411 SW 2nd Terrace, for a boat ramp site for governmental use within the City’s Freshwater Canal Basin #10 for the purchase price of $41,000 plus closing costs not to exceed $1,800; Department: Financial Services / Real Estate Division; Dollar Value: $42,800 (Capital Project Fund: Stormwater - Environmental) | | | | | (10) | REMOVED AT THE REQUEST OF THE CITY MANAGER: Resolution 127-21 Approve Contract for the purchase of Lots 69 and 70, Block 4076, Unit 57, Cape Coral Subdivision, 2415 NW 14th Lane, for a boat ramp site for governmental use within the City’s Freshwater Canal Basin #7 for the purchase price of $30,000 plus closing costs not to exceed $1,800; Department: Financial Services / Real Estate Division; Dollar Value: $31,800 (Capital Project Fund: Stormwater - Environmental) | | | | | (11) | Resolution 128-21 Approve Contract for the purchase of Lots 59 and 60, Block 4379, Unit 63, Cape Coral Subdivision, 1904 SW 8th Place, for a boat ramp site for governmental use within the City’s Freshwater Canal Basin #18 for the purchase price of $55,000 plus closing costs not to exceed $1,800; Department: Financial Services / Real Estate Division; Dollar Value: $56,800 (Capital Project Fund: Stormwater - Environmental) | | | | | (12) | Resolution 130-21 Approve School Resource Officer Agreement with Florida High School for Accelerated Learning-North Lee County Campus, Inc..; Department: Police; School Contribution (1): $13,722 plus overtime; (General Fund - Community Services Bureau) | | | | | (13) | Resolution 131-21 Approve School Resource Officer Agreement with The Cape Coral Charter School Authority; Department: Police; School's Contribution (4): $145,488; (General Fund - Community Services Bureau) | | | | | (14) | Resolution 132-21 Approve School Resource Officer Agreement with Heritage Charter Academy Inc.; Department: Police; School Contribution (1): $9,180; (General Fund - Community Services Bureau) | | | | | (15) | Resolution 133-21 Approve School Resource Officer Agreement with the School Board of Lee County; Department: Police; School Board's Contribution (23 Schools): $1,150,000; (General Fund - Community Services Bureau) | | | | | (16) | Resolution 134-21 Approve School Resource Officer Agreement with Southwest Charter Foundation, Inc.; Department: Police; School Contribution (1): $28,388; (General Fund - Community Services Bureau) | |
| | | | | | | | | | D. | APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS | |
| | | | | | | | VIDEO | | E. | FOLLOW UP ITEMS FROM CITY MANAGEMENT | |
| | | | | | | | VIDEO | 10. | ORDINANCES/RESOLUTIONS | |
| | | | | | | | VIDEO | | | (1) | Resolution 110-21 (VP21-0004*) Public Hearing | | | | | | *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 29-21 (TXT 21-0002) Final Public Hearing | | | | | | 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 | | | (3) | Ordinance 34-21 Second and Final Public Hearing | | | | | | 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 | | | (4) | Ordinance 39-21 Second and Final Public Hearing | | | | | | 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 52-21 Public Hearing | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
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 | | | (6) | Ordinance 53-21 Public Hearing | | | | | | 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 | | | (7) | Ordinance 54-21 Public Hearing | | | | | | 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.) | |
| | | | | | | | VIDEO | | | (1) | Ordinance 50-21 (LU21-0002) Set Public Hearing for transmittal for July 21, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An Ordinance amending the City of Cape Coral Comprehensive Plant by amending the Future Land Use Map from Commercial/Professional (CP) to Multi-Family Residential (MF) Land Use for a parcel of land described as Unit 24, Block 1068, Lots 1-40; Block 1154, Lots 1-40; and Block 1073, Lots 1-15 and 27-40, Cape Coral Subdivision; property located between Cultural Park Boulevard South to the East, SE 9th Street to the South, SE 6th Court to the West, and SE 7th Street to the North. (Applicant: City of Cape Coral) (Acreage: 13.05)
Planning & Zoning Commission Recommendation: Approval
Community Development Recommendation: Approval | | VIDEO | | | (2) | Ordinance 51-21 (LU21-0003) Set Public Hearing for transmittal for July 21, 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 15-27, Block 1458, Unit 16; Lots 45-52 and 59-72, Block 1322, Unit 18; Lots 1-24 and 31-34, Block 3083, Unit 62; and Lots 1-22, Block 4454, Unit 63; from Commercial/Professional (CP) to Single Family Residential (SF) Land Use for property described as Lots 1-26, Block 4448, Unit 63; and Lots 1-8 and 12-20, Block 3169, Unit 66; from Multi-Family Residential (MF) to Commercial Activity Center (CAC) Land Use for property described as Lots 15-22, Block 4685, Unit 70; from Multi-Family Residential (MF) to Single Family Residential (SF) Land Use for property described as Lots 1-44, Block 4727, Unit 70; from Pine Island Road District (PIRD) to Single Family Residential (SF) Land Use for property described as Lots 42-61, Block 1501, Unit 47, Part 1; Lots 1-32, Block 3570, Unit 47, Part 1; Lots 1-18, 22-34, and 37-45, Block 3571, Unit 47, Part 1; Lots 1-8 and 21-26, Block 3575, Unit 47, Part 1; Lots 19-21, Block 3571, Unit 47, Part 4; Lots 3-10, Block 2030, Unit 31, Part 2; and Lots 24-46, Block 4560, Unit 68, all in Cape Coral Subdivision. (Applicant: City of Cape Coral) (Acreage:41.16)
Planning and Zoning Commission Recommendation: Approval
Community Development Recommendation: Approval | | VIDEO | | | (3) | Ordinance 55-21 Set Public Hearing for July 21, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An ordinance amending the City of Cape Coral Code of Ordinances, Chapter 2, Administration, Article V, Boards and Commissions, Division 1, Generally, Section 2-60, Limitation on Offices Held, by establishing Subsection (c) to provide that board members shall serve no more than two consecutive terms. (Brought forward by Councilmember Cosden) | | VIDEO | | | (4) | Ordinance 56-21 Set Public Hearing for July 21, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
The ordinance provides for the partial release of a Public Utility and Drainage Easement as recorded at Instrument Number 2019000146829 in the Public Records of Lee County, Florida, and authorizes the Mayor to execute a Partial Release of said easement. (Applicant: Brought forward by City Management.)
NOTE: Located at 823 SW 42nd Terrace. | |
| | | | | | | | 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 Regular Meeting of the Cape Coral City Council is Scheduled for Wednesday, July 21, 2021 at 4:30 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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