| | | | | | | | 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
August 4, 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 |
| | | | | | | | | 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 122-21 Approve Contract #PPW2189AP with Smyrna Ready Mix Concrete, LLC. for the purchase of ready-mix concrete for non-grant related projects piggybacking Lee County Contract Agreement #B200115BAG, at the unit prices in the contract, in the estimated amount of $150,000; Approve Purchase Order(s) to Argos USA, LLC. for grant related projects per the unit price stated on the quote, in the estimated amount of $100,000 for a total estimated amount of $250,000 not to exceed budgetary limit; and authorize the City Manager or Designee to execute the contract, renewals, purchase orders and change orders; Department: Public Works; Dollar Amount $250,000; (General/Stormwater Funds) | | | | | (2) | Resolution 173-21 Approve Contract for purchase of Lots 22 through 25, Block 2211A, Unit 47, Part 2 Cape Coral Subdivision, 1937 & 1941 NE 15th Lane, to provide a site for Master Pump Station #725, associated with the North 1 Utility Extension Project, for the purchase price of $82,500 plus closing costs not to exceed $2,200; Department: Financial Services / Real Estate Division; Dollar Value: $84,700; (Water/Sewer Fund) | | | | | (3) | Resolution 174-21 Approve Contract for purchase of Lots 59 and 60, Block 2455, Unit 34 Cape Coral Subdivision, 1322 NE 7th Place, for a lift station site for duplex Lift Station #714, associated with the North 1 Utility Extension Project, for the purchase price of $25,000 plus closing costs not to exceed $1,800; Department: Financial Services / Real Estate Division; Dollar Value: $26,800; (Water/Sewer Fund) | | | | | (4) | Resolution 175-21 Approve Contract for purchase of Lots 44, 45 and 46, Block 2236, Unit 33 Cape Coral Subdivision, 1824 NE 24th Avenue, for a lift station site for duplex Lift Station #729, associated with the North 1 Utility Extension Project, for the purchase price of $38,500 plus closing costs not to exceed $2,000; Department: Financial Services / Real Estate Division; Dollar Value: $40,500; (Water/Sewer Fund) | | | | | (5) | Resolution 182-21 Approve Contract for purchase of Lots 3, 4 and 5, Block 5680, Unit 87 Cape Coral Subdivision, 808 Vogiantzis Parkway, to assemble land for a future fresh water canal pump station facility in a future North Utility Extension Project area, for the purchase price of $58,320 plus closing costs not to exceed $2,000; Department: Financial Services / Real Estate Division; Dollar Value: $60,320; (Water/Sewer Fund) | | | | | (6) | Resolution 183-21 Approve Contract for purchase of Lots 6 and 7, Block 5680, Unit 87 Cape Coral Subdivision, 812 Vogiantzis Parkway, to assemble land for a proposed fresh water canal pump station in a future North Utility Extension Project area, for the purchase price of $32,000 plus closing costs not to exceed $1,800; Department: Financial Services / Real Estate Division; Dollar Value: $33,800; (Water/Sewer Fund) | | | | | (7) | Resolution 186-21 Approve Contract for purchase of 611 SE 11th Street (aka Lots 67 through 70, Block 1051, Unit 24 Cape Coral Subdivision, Strap #24-44-23-C2-01051.0670), an improved commercial property to complete the assemblage of a larger site for potential future development and City needs, for the purchase price of $938,000 plus closing costs not to exceed $7,350; Department: Financial Services / Real Estate Division; Dollar Value: $945,350; (General Fund) | | | | | (8) | Resolution 184-21 Approve Stipulated Final Judgment in the eminent domain action captioned "City of Cape Coral v. Othmar Kung, et al," Case No. 20-CA-001339, Parcel No. CL-004, property located at 3643 NW 47th Avenue; Department: Financial Services/Real Estate | | | | | (9) | Resolution 188-21 Change to City Auditor Three-Year Audit Review Period; Brought forward by City Auditor | |
| | | | | | | | VIDEO | | D. | APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS | |
| | | | | | | | VIDEO | | E. | FOLLOW UP ITEMS FROM CITY MANAGEMENT | |
| | | | | | | | | 10. | ORDINANCES/RESOLUTIONS | |
| | | | | | | | VIDEO | | | (1) | Ordinance 58-21 (ZA21-0006*) Public Hearing | | | | | | *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 all of Block 3082, Cape Coral Subdivision, Unit 62, 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 | | | (2) | Ordinance 59-21 Public Hearing | | | | | | 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 | | | (3) | Ordinance 60-21 Public Hearing | | | | | | 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.)
Community Development Recommendation: Approval.
Planning and Zoning Commission Recommendation: Approval. | | VIDEO | | | (4) | Ordinance 62-21 Public Hearing | | | | | | 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 | | | (5) | Resolution 171-21 Public Input | | | | | | WHAT THE RESOLUTION ACCOMPLISHES:
The Resolution adopts the 2021-2022 One Year Action Plan for the Community Development Block Grant (CDBG) Entitlement Program, authorizes and directs the City Manager to prepare and submit the One Year Action Plan for the 2021-2022 fiscal year to the United States Department of Housing and Urban Development (HUD, authorizes the City Manager or his designee to accept and execute the grant agreement for the 2021-2022 CDBG program when received from HUD and authorizes the City Manager or his designee to accept and execute grant agreements with subrecipients. (Applicant: Brought forward by City Management.) | |
| | | | | | | | VIDEO | | | (1) | Ordinance 64-21 (ZA21-0003*) Set Public Hearing for August 18, 2021 | | | | | | *Quasi-Judicial, All Persons Testifying 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 26 through 37, Block 3377, Cape Coral, Unit 65, and Lots 38 through 49, Block 3377, Cape Coral, Unit 64, as more particularly described herein, from Residential Multi-Family Low (RML) to Residential Multi-Family Medium (RMM) zone; property is located at 1308–1326 SW 47th Terrace.(Applicant: Cape Summit Parkway, LLC )(3.005 acres)
Hearing Examiner recommends Denial.
Community Development Department recommends Approval.
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| | | | | | | | VIDEO | 11. | UNFINISHED BUSINESS | |
| | | | | | | | VIDEO | | A. | Follow Up Items for Council | | | | | | |
| | | | | | | | 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 | |
| | | | | | | | VIDEO | | A. | A Strategic Planning Workshop: Leadership Forum II is scheduled on Tuesday, August 10, 2021 at 9:00 a.m. in Council Chambers | | VIDEO | | B. | A Joint Cape Coral City Council and Budget Review Committee Budget Workshop is Scheduled for Tuesday, August 10, 2021 at 2:00 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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