| | | | | | | | 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
July 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 |
| | | | | | | | 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 107-21 Approve Contract #PPW2163MM with USA Services of Florida, Inc, piggybacking the City of Jacksonville’s contract #70458-20, to provide street sweeping services an estimated annual amount of $220,000 not to exceed budgetary limits, and authorize the City Manager or designee to execute the contract, purchase order(s), change orders and any renewals; Department: Public Works; Dollar Amount $220,000; (Enterprise Fund - Stormwater) | | | | | (2) | Resolution 119-21 Approve Contract #PPD2190SB with Waterfield Florida Staffing, LLC d/b/a Action Labor of Florida, utilizing the City of North Port agreement RFB #2020-56, for School Crossing Guard Services in an estimated annual amount of $220,000 and authorize the City Manager, or designee, to execute the contract, renewals, purchase orders and change orders; Department: Police Department; Estimated Annual Dollar Value $220,000; (General Fund) | | | | | (3) | Resolution 125-21 Award Bid #BPW2158MM and corresponding Contract for Cape Coral Parkway Eastbound Turn Lane Extension at Del Prado to Ajax Paving Industries of Florida LLC., to provide all labor, materials, equipment, and operations necessary to complete the roadway work, in the amount of $217,136 with a 10% City Controlled contingency of $21,714 for a total project cost of $238,850 and authorize the City Manager or Designee to execute the agreements, change orders and purchase orders; Department: Public Works; Dollar Value $238,850; (Special Revenue Fund: Five Cent Gas Tax) | | | | | (4) | Resolution 136-21 Award Bid #BUT2156KR and the corresponding contract to Technical Management Associates, Inc, for Master Pump Station 200 – Electrical Improvements, in the amount of $577,056 with a City controlled contingency of 10% ($57,706) for a total amount of $634,762; Approve the Single Source for Purchase of Eaton Corporation – Eaton Electrical Systems component for $160,056 allowance which is included in the bid amount; and authorize the City Manager or designee to execute the contract(s), and purchase order(s); Department: Utilities; Dollar Value: $634,762; (Water & Sewer Fund) | | | | | (5) | Resolution 137-21 Award Bid #BUT2142KR and the corresponding contract to TLC Diversified, Inc., for water treatment plant(s) refurbishment, in the amount of $1,223,000 with a City controlled contingency of 10% in the amount of $122,300, for a total project cost of $1,345,300 and authorize the City Manager or designee to execute the contract(s), purchase order(s); Department: Utilities; Dollar Value: $1,345,300; (Water & Sewer Fund) | | | | | (6) | Resolution 138-21 Approve Agreement #CON-PW20-57/MM with Kaufman Lynn Construction, Inc, for Construction Manager at Risk (CMAR) services and Preconstruction Services (Phase 1), for the Police Department Training Facility, in which the intended firm was ranked #1 by the Selection Advisory Committee and the ranking approved by the City Manager, as allowed under the City of Cape Coral, Code of Ordinance which authorized entering into negotiation; And authorize the City Manager or designee to execute the agreement for the Pre-construction services (Phase I) for the Police Training Facility Project in the amount of $56,500. The construction services (Phase II) will be brought forward when the Guaranteed Maximum Price (GMP) is determined; Department: Public Works; Dollar Value: $56,500; (General Fund) | | | | | (7) | Resolution 144-21 Approve the waiver of the procurement process and award the contract to Wells & Water Systems, Inc for the rehabilitation of Production Well RO-317. The contract amount is $211,205 with a City controlled contingency of 10% ($21,121) for a total amount of $232,326; and authorize the City Manager or designee to execute the contract, purchase orders and change orders; Department: Utilities; Dollar amount $232,326; (Water and Sewer Fund) | | | | | (8) | Resolution 150-21 Approve Federal Fiscal Year (FFY) 2020 Edward Byrne Justice Assistance Grant (JAG) Countywide-State funding to purchase six license plate readers and necessary hardware and software services; Department: Police: Dollar Value $100,000; no match | | | | | (9) | Resolution 151-21 Approve renewal of Mutual Aid Agreement (MAA) between the Lee County Sheriff’s Office (LCSO) and the City of Cape Coral Police Department (CCPD) for Use of Aviation Section Resources and authorize the City Manager and Chief of Police to execute the Agreement; Department: PD; Dollar Value: N/A; (Fund: N/A) | | VIDEO | | | (10) | Resolution 153-21 Request Lee County School District to provide a portion of Half-Cent Sales Tax proceeds to the City for its Charter Schools | | | | | (11) | Resolution 154-21 Approve Contract for the purchase of Lots 24 and 25, Block 2080, Unit 31 Cape Coral Subdivision, 1509 NE 12th Place, for a lift station site for duplex Lift Station #717 associated with the North 1 Utility Extension Project, 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; (Water/Sewer Fund) | | | | | (12) | Resolution 155-21 Approve Contract for the purchase of Lots 41 through 43, Block 2097, Unit 32, Cape Coral Subdivision, 1547 Andalusia Boulevard, to provide a site for a Motor Operated Valve (MOV) for remote operation of the proposed 24” sewer force main associated with the North 1 Utility Extension Project, for the purchase price of $59,000 plus closing costs not to exceed $2,000 and the remaining balance of the North Central Loop Water Assessment of approximately $1,135; Department: Financial Services / Real Estate Division; Dollar Value: $62,135.00; (Water/Sewer Fund) | | | | | (13) | Resolution 156-21 Approve Contract for the purchase of Lots 38 and 39, Block 2476, Unit 36, Part 1 Cape Coral Subdivision, 330 NE 16th Terrace, for duplex Lift Station #712, associated with the North 1 Utility Extension Project, 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; (Water/Sewer Fund) | | | | | (14) | Resolution 157-21 Approve Contract for the purchase of Lots 5 and 6, Block 4380, Unit 63, Cape Coral Subdivision, 1944 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 $2,000 and the remaining balance of the SW 5 Utility Assessments of approximately $5,435; Department: Financial Services / Real Estate Division; Dollar Value: $62,435; (Capital Project Fund: Stormwater - Environmental) | | VIDEO | | | (15) | Resolution 158-21 Approve an Amendment to the Citizen Participation Plan for the Community Development Block Grant Program (CDBG) to allow staff funding recommendations in the event the Citizen's Advisory Board for CDBG is unable to meet or obtain a quorum in the time necessary to meet statutory deadlines to ensure continued grant funding from HUD; Department: Community Development; Dollar Value: N/A; (Fund: N/A) | | | | | (16) | Resolution 161-21 Acceptance of Firehouse Subs Public Safety Foundation Grant to purchase a Polaris Ranger 570 All Terrain Vehicle (ATV); Department: Police: Dollar Value $18,954; no match | | | | | (17) | Resolution 162-21 Approve Emergency Purchase of Services from AIM Engineering & Surveying, Inc. and the Agreement between AIM Engineering & Surveying, Inc., Lewis Longman Walker, and the City; Department: Public Works | |
| | | | | | | | | | D. | APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS | |
| | | | | | | | VIDEO | | E. | FOLLOW UP ITEMS FROM CITY MANAGEMENT | |
| | | | | | | | VIDEO | 10. | ORDINANCES/RESOLUTIONS | |
| | | | | | | | VIDEO | | | (1) | Ordinance 49-21 (AX21-0001) Public Hearing (Continued from 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
| | VIDEO | | | (2) | Ordinance 50-21 (LU21-0002) 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 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 | | | (3) | Ordinance 51-21 (LU21-0003) 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 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 | | | (4) | Ordinance 55-21 Public Hearing | | | | | | 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 | | | (5) | Ordinance 56-21 Public Hearing | | | | | | 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 | | | (1) | Resolution 139-21 (VP21-0003*) Set Public Hearing for July 28, 2021 | | | | | | *Quasi-Judicial, All Persons Testifying Must Be Sworn In
WHAT THE RESOLUTION ACCOMPLISHES:
A Resolution providing for the Vacation of Plat for a portion of the Aries Canal right-of-way located adjacent to Lot 1, Block 3227, Unit 66, Cape Coral Subdivision; property located at 1010 SW 28th Street; providing an effective date. (Applicant: Tundra Homes)(Acreage: 0.039)
The Hearing Examiner recommends approval with the conditions recommended by staff.
Community Development Department recommends approval with conditions.
| | VIDEO | | | (2) | Ordinance 58-21 (ZA21-0006*) Set Public Hearing for August 4, 2021 | | | | | | *Quasi-Judicial, All Persons Providing Testimony 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 19 through 25, Block 1543, Cape Coral, Unit 17, as more particularly described herein, from Residential Multi-Family Low (RML) to Commercial (C) zone: property is located at 318 NE 16th Place; providing severability and an effective date.
(Applicant: DT Del Prado LLC) (Acreage: 0.89)
The Hearing Examiner recommends approval.
Community Development Department recommends approval.
| | VIDEO | | | (3) | Ordinance 59-21 Set Public Hearing for August 4, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An ordinance amending City of Cape Coral Code of Ordinance, Chapter 19, Water and Sewer Utilities, Article III, Rates and Charges, Section 19-39.7, City Will Pay Potable Water Charges and Fees for City Owned Facilities, to provide for an exception for the Fire Department regarding certain uses. (Applicant: Brought forward by City Management.) | | VIDEO | | | (4) | Ordinance 60-21 Set Public Hearing for August 4, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An ordinance amending the City of Cape Coral Land Development Code, by amending Article 5, “Development Standards,” Chapter 5, “Landscaping,” Section 5.5.13., “Landscaping for All Development Other Than Single-Family Detached Dwellings and Duplexes,” regarding exceptions to the requirements of landscaping adjacent to roads. (Applicant: Brought forward by City Management.) | | VIDEO | | | (5) | Ordinance 62-21 Set Public Hearing for August 4, 2021 | | | | | | WHAT THE ORDINANCE ACCOMPLISHES:
An Ordinance of the City Council of the City of Cape Coral deleting City of Cape Coral Code of Ordinances Chapter 12 ½, Parks and Recreation, Article II, Advisory Board; creating and establishing the Parks and Recreation Advisory Board; amending the City of Cape Coral Code of Ordinances, Chapter 2, Administration, Article V, Boards and Commissions, creating Division 15, Parks and Recreation Advisory Board; providing Purpose and Creation; Powers and Duties; Membership and Appointment, Term, and Vacancies and Forfeiture Of Office; Meetings, Procedures, Records and Quorum; Compensation. (Applicant: Brought forward by Councilmember Welsh) | |
| | | | | | | | 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 Strategic Planning Workshop: Leadership Forum I is scheduled on Friday, July 23, 2021 at 9:00 a.m. UPDATED LOCATION: Conf. Room 220A, City Hall, 2nd Floor, 1015 Cultural Park Boulevard, Cape Coral, FL | | | | B. | A Committee of the Whole Meeting is Scheduled for Wednesday, July 28, 2021 at 3:00 p.m. in Council Chambers | | | | C. | A Regular Meeting of the Cape Coral City Council is Scheduled for Wednesday, July 28, 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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