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 28, 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.MAYOR GUNTER
VIDEO3.PLEDGE OF ALLEGIANCE
A.MAYOR GUNTER
VIDEO4.ROLL CALL
A.MAYOR GUNTER, COUNCIL MEMBERS COSDEN, HAYDEN, NELSON, SHEPPARD, TATE, WELSH, WILLIAMS
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
6.RECOGNITIONS/ACHIEVEMENTS
A.NONE
7.APPROVAL OF MINUTES
A.NONE
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 116-21 Approve Bolebruch Off-Site Utilities Agreement (Bolebruch) for installation of approximately 625 linear feet of 8-inch potable watermain for ten properties to comply with City’s Fire Code; Department: Utilities; Dollar Value: $103,543.78; (Water and Sewer Fund.)
(2)Resolution 141-21 Approve Change Orders to Cheney Bros. Inc. purchase orders for food for resale for Sun Splash Waterpark and Coral Oaks Golf Course up to a total amount of $380,000; and authorize the City Manager or designee to execute the purchase order(s) and change order(s). Currently, Purchase Order equates to $173,550.70 and funding is based on revenue generated by food and beverage sales; Department: Parks & Recreation; Dollar Amount $380,000; (Special Revenue Charge Service/General Fund)
(3)Resolution 152-21 Approve entering into Maintenance and Hold Harmless Agreement with Baker Brothers/Academic Village and City to construct a barrier with a gate and signs to stop unauthorized access through the Baker Brothers' property to Academic Village; Department: Public Works
(4)Resolution 159-21 Approve Contract BUT2183MC with Shrieve Chemical Company for purchase and delivery of sulfuric acid with an estimated annual cost of $633,000, not to exceed budgetary limits; and authorize City Manager or designee to execute the contract, renewals, and any other related documents; Department: Utilities; Estimated Dollar Value: $633,000; (Water and Sewer Fund)
(5)Resolution 163-21 Acceptance of a 12 passenger 2020 Eldorado Advantage bus from Guardian Angels to Special Populations: Department: Parks and Recreation/Special Populations Division; Donation Value: $72,682
(6)Resolution 164-21 Acceptance of Florida's Bicycle Pedestrian Focused Initiative: High Visibility Enforcement funding to conduct operations on an overtime basis; Department: Police; Award Value $11,862
(7)Resolution 167-21 Approve Contract for purchase of Lots 17 through 19, Block 2171, Unit 32, Cape Coral Subdivision, 2109 Andalusia Boulevard, for a Master Pump Station site associated with the North 1 Utility Extension Project, for the purchase price of $42,750 plus closing costs not to exceed $2,000; Department: Financial Services / Real Estate Division; Dollar Value: $44,750; (Water/Sewer Fund)
(8)Resolution 168-21 Approve single source purchase with Hydranautics and Microdyn-Nadir US, Inc. for membrane elements at South Reverse Osmosis Plants 1 and 2 and authorize City Manager or designee to execute purchase orders; Department: Utilities; Combined total dollar amount: $792,185; (Water & Sewer Fund)
B.PERSONNEL ACTIONS
(1)NONE
C.PETITIONS TO COUNCIL
(1)NONE
VIDEOD.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
(1)Youth Council - At-Large Junior Vacancy
(2)Planning and Zoning Commission - 1 Vacancy
(3)Affordable Housing Advisory Committee - 2 Vacancies
VIDEOE.FOLLOW UP ITEMS FROM CITY MANAGEMENT
(1)Water Quality - Update
10.ORDINANCES/RESOLUTIONS
A.Public Hearings
VIDEO(1)Resolution 139-21 (VP21-0003*) Public Hearing

*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)Resolution 145-21 Public Input Lot Mowing Assessments

WHAT THE RESOLUTION ACCOMPLISHES:

A Resolution of the City of Cape Coral, relating to the City's provision of Lot Mowing Services within Lot Mowing Assessment areas (Districts 1, 2, 3, & 4) for Fiscal Year beginning October 1, 2021; determining that certain Real Property will be specially benefited  by the Lot Mowing Services; establishing the Terms and Conditions of proposed Special Assessments to fund the Lot Mowing Services; establishing a Public Hearing to  consider imposition of the proposed Special Assessments and the method of  their collection; directing the provision of Notice in connection therewith. (Applicant:  Brought forward by City Management.)

VIDEO(3)Resolution 146-21 Public Input Residential Solid Waste Preliminary Assessment

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution relates to the City's provision of solid waste collection and disposal services, facilities and programs, establishes the estimated solid waste cost and assessment rates for the fiscal year beginning October 1, 2021, directs the preparation of an assessment roll, and authorizes a public hearing to consider the adoption of the annual rate resolution.  (Applicant:  Brought forward by City Management.)

VIDEO(4)Resolution 147-21 Public Input Fire Protection Preliminary Assessment

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution relates to the City's provision of fire protection services, facilities, and programs, establishes the estimated fire protection assessed cost and assessment rates for the Fiscal Year beginning October 1, 2021, directs the preparation of an assessment roll, and authorizes a public hearing to consider the adoption of the annual rate resolution.  (Applicant:  Brought forward by City Management)

VIDEO(5)Resolution 148-21 Public Input Stormwater Fee Initial Resolution

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution approves a stormwater fee for FY2021-2022 that exceeds the maximum amount established for FY 2020-2021, and authorizes a public hearing and directs the provision of notice thereof.  (Applicant:  Brought forward by City Management.)

VIDEO(6)Resolution 149-21 Public Input Establishes Proposed Millage Rate

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution relates to the levy of City ad valorem taxes for the 2021 tax year, establishes proposed millage rates, establishes public hearing dates, and provides for notice to the Lee County Property Appraiser and the Department of Revenue.

B.Introductions
VIDEO(1)Ordinance 63-21 Set Public Hearing for August 18, 2021

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends Chapter 17 of the Code of Ordinances entitled "Special Assessments" by revising Section 17-38 to provide that provisions related to the imposition and collection of interim assessments, if any, shall be established by resolution.  (Applicant: Brought forward by City Management.)

11.UNFINISHED BUSINESS
VIDEOA.Follow Up Items for Council - Waste Pro
VIDEOB.Addendum: Cape Coral Sports Complex Memorial Dedication for Councilmember Carioscia Discussion
12.NEW BUSINESS
A.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
A.A Regular Meeting of the Cape Coral City Council is Scheduled for Wednesday, August 4, 2021 at 4:30 p.m. in Council Chambers
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.

*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.