Mayor
John Gunter
Council Members
District 1: Bill Steinke
District 2: Dan Sheppard
District 3: Tom Hayden
District 4: Patty L. Cummings
District 5: Robert M. Welsh
District 6: Keith E. Long
District 7: Jessica Cosden

 
1015 Cultural Park Blvd.
Cape Coral, FL
City Manager
Michael Ilczyszyn
City Attorney
Aleksandr Boksner
City Auditor
Andrea R. Russell
City Clerk
Kimberly Bruns

AGENDA FOR THE REGULAR MEETING OF THE
CAPE CORAL CITY COUNCIL

 October 18, 20234:30 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.COUNCILMEMBER LONG
VIDEO3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER LONG
VIDEO4.ROLL CALL
A.MAYOR GUNTER, COUNCIL MEMBERS COSDEN, CUMMINGS, HAYDEN, LONG, SHEPPARD, STEINKE, WELSH
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
VIDEO6.RECOGNITIONS/ACHIEVEMENTS
VIDEOA.Presentation to City Employees for Years of Service By Mayor Gunter
VIDEOB.Lifesaving Award presented by the City of Miami Fire Department and the City of Cape Coral Fire Department to Fire Engineer/Driver Dan Rouah
VIDEOC.Community Recognition Award: Liz McCauley
VIDEO7.APPROVAL OF MINUTES
A.Special Meeting - September 27, 2023
B.Special Meeting - October 4, 2023
C.Regular Meeting - October 4, 2023
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 255-23 Award Invitation to Bid #BUT2374JM, and corresponding contracts, for wastewater centrifuge repair, parts and maintenance services, to Centrifuge & Pumps Services Corporation, as primary vendor, and Andritz, Inc., as secondary, to provide centrifuge repairs, parts and maintenance services on an as-needed basis at the respective stated unit prices at an estimated annual amount of $201,250 for the next three fiscal years (FY 2024 through FY 2026); and authorize the City Manager or designee to execute the contracts, purchase orders and future renewals; Department: Utilities; Annual Dollar Value: $201,250 (A three fiscal year total of $603,750 contingent on annual appropriation); (Water & Sewer Fund)
(2)Resolution 268-23 Approve and ratify an Agreement between the City and the International Union of Painters and Allied Trades, AFL-CIO Local 2301 (representing the Supervisory Unit) to amend Article 10 regarding critical skills; Department: Human Resources; Dollar Value: N/A; (Fund: N/A)
(3)Resolution 276-23 Approve Amendment #1 to Agreement CON-RPW2230MM with Kisinger Campo & Associates, Corp. (KCA) for the Traffic Signal and Roadway Improvement Design of three additional intersections which include Chiquita Boulevard North and Embers Parkway West; Santa Boulevard North and Tropicana Parkway West; and Andalusia Boulevard and Diplomat Parkway East for a not-to-exceed amount of $396,437.51; and, authorize the City Manager or Designee to execute Amendment #1 and purchase orders. The original contract with KCA was for the intersection at Del Prado Boulevard North and Averill Boulevard design at a not-to-exceed amount of $92,415. Amendment #1 adding the three intersections at the amount of $396,437.51 will increase the contract amount to $488,852.51; Department: Public Works; Dollar Value: $396,437.51; (General Fund)
(4)Resolution 278-23 Approve Contract Extension (RFP#HR18-118/KS) with Blue Cross and Blue Shield of Florida, Inc. (Florida Blue) for Employee Benefits for Medicare at an estimated amount of $389,997.36; and authorize the City Manager, or designee, to execute the contract, renewals, related documents, purchase orders and change orders; Department: Human Resources; Estimated Dollar Value $389,997.36; (General Fund)
(5)Resolution 280-23 Approve a single source purchase to Rexel USA Inc., for purchase and service of Allen Bradley and Rockwell Automation components for Fiscal Year 2024 in the amount of $478,000, FY 2025 in the estimated amount of $464,700 and FY 2026 in the estimated amount of $473,500 for a three-year combined total of $1,416,200 based on annual appropriation; and authorize the City Manager or designee to execute the purchase orders. Rexel USA Inc. is the only authorized representative for Rockwell Automation to sell Allen-Bradley and Rockwell Software products along with related services in the geographic area; Department: Utilities; Combined Estimated Dollar Amount: $1,416,200; (Water & Sewer Fund – FY24 $478,000, FY25 $464,700 and FY26 $473,500)
(6)Resolution 282-23 Award Bid #BPD23109MR for the purchase of ammunition to Florida Bullet, Inc., 1st Round Ammunition, LLC., Lawmen’s and Shooters Supply, Inc., Mike’s Wholesale Incorporated., SSD International LLC., and Dana Safety Supply, Inc., for the respective awarded items at the unit prices bid, at an estimated annual cost of $150,000; and authorize the City Manager or designee to execute the Purchase Orders and renewal; Department: Police; Dollar Value: $150,000; (General Fund)
(7)Resolution 287-23 Approve Contract #BPR23130MR with GT Grandstands, Inc., piggybacking the Central Susquehanna Intermediate Unit (CSIU) d/b/a Keystone Purchasing Network (KPN) Contract #KPN-202001-01, for the replacement of bleachers at athletic parks (Caloosa Football, Cape Coral Sports Complex, Koza-Saladino, Pelican Baseball, Storm Football and BMX Bike track) at the unit price stated in the bid documents in the estimated amount of $191,151; and authorize the City Manager or designee to execute the contract, purchase orders, and change orders; Department: Parks & Recreation; Dollar Amount $191,551; (General Fund)
VIDEO(8)Resolution 288-23 Approve Updated Concept for Jaycee Park Improvements presented at Committee of the Whole meeting on October 11, 2023; authorize Pennoni Associates to begin design and engineering services as provided per Resolution 93-23 and Contract #RCP2237AP approved by City Council on May 3, 2023; and authorize the City Manager or designee to execute the contract, purchase orders and change orders; Department: City Manager's Office/CIP Division; Dollar Value: $573,565; (General Fund - Parks and Recreation Capital Project Fund)
(9)Resolution 289-23 Approve Final Plat for MADISON ESTATES. This replat will reconfigure three existing lots to enlarge two existing home sites by dividing an unimproved lot between the two home sites. The property is located where SW 30th Street meets SW 26th Place. Refer to the attached location exhibit: Department: Development Services; Dollar Value: N/A: (Fund: N/A)
(10)Resolution 290-23 Approve the SR 78 Pine Island Corridor Vision and Action Plan; Department: PW; Dollar Value: N/A; (Fund: N/A)
(11)Resolution 291-23 Acceptance of Edward Byrne Memorial Justice Assistance Grant (JAG) through the Department of Justice/Bureau of Justice Assistance to purchase equipment for the Special Investigations Unit (SIU) to assist with investigations; Department: Police; Award $23,019; No match
(12)Resolution 292-23 Acceptance of Highway Traffic Safety Funds from the Florida Department of Transportation to fund Distracted Driving enforcement operations on an overtime basis; Department: Police; Award Value: $40,000; No match required
(13)Resolution 293-23 Acceptance of Highway Traffic Safety Funds from the Florida Department of Transportation to fund Speed and Aggressive Driving enforcement operations on an overtime basis; Department: Police; Award Value: $45,000; No match required
(14)Resolution 294-23 Acceptance of Highway Traffic Safety Funds from the Florida Department of Transportation to fund Impaired Driving enforcement operations on an overtime basis; Department: Police; Award Value: $71,000; No match required
(15)Resolution 295-23 Acceptance of Federal Fiscal Year (FFY) 2022 Countywide-State funding from the Florida Department of Law Enforcement to fund license plate readers; Department: Police; Dollar Value $116,930; No match required
(16)Resolution 296-23 Approve Contract for the purchase of 2107–2119 Santa Barbara Boulevard, (Block 930, Lots 1-12 and Lots 100-110 together with that portion of the vacated alley contiguous to Lots 1-11 and Lots 100-110, and the west ½ of the vacated alley contiguous to Lot 12, Cape Coral Unit 26; Strap #25-44-23-C4-00930.0010), for future government office facilities, for the purchase price of $3,800,000 plus closing costs not to exceed 7,000; Department: Financial Services; Dollar Value: $3,807,000; (Building Fund and General Fund Reserves)
(17)Resolution 298-23 Approve Florida Department of Environmental Protection Short Form Consent Agreement OGC Case No. 22-1794 for unauthorized sanitary sewer overflows of approximately 1,402,077 gallons from January 1, 2020 to September 4, 2023 and direct the City Manager or designee to sign the agreement. Civil penalties will be satisfied by the Plato Canal Aerial Forcemain Replacement In-Kind Project; Department: Utilities; Dollar Value: $500.
(18)Resolution 299-23 Accepting Hurricane Housing Recovery Program funding from Florida Housing Finance Corporation; Department: Development Services; Dollar Value: $6,676,929; (Local Housing Trust Fund)
VIDEOB.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
(1)TEMPORARILY MOVED TO IMMEDIATELY FOLLOW INTRODUCTIONS
C.UNFINISHED BUSINESS
VIDEO(1)Follow Up Items for Council
D.NEW BUSINESS
VIDEO(1)Youth Council Quarterly Report
E.PERSONNEL ACTIONS
(1)NONE
F.PETITIONS TO COUNCIL
(1)NONE
G.FOLLOW UP ITEMS FROM CITY MANAGEMENT
(1)NONE
10.ORDINANCES/RESOLUTIONS
A.Public Hearings - Quasi-Judicial Hearings
(1)NONE
VIDEOB.Public Hearings - Legislative Hearings (Note: Input received as follows: 1. City Staff presentations are limited to five (5) minutes; 2. Applicant(s) presentations are limited to five (5) minutes; and 3. Resident input is limited to three (3) minutes per individual with a maximum of sixty (60) minutes total. All three are subject to the following statement: Unless otherwise extended by City Council.)
VIDEO(1)Ordinance 67-23 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance amends the City of Cape Coral Code of Ordinances, Chapter 2, Administration, Article VII, Purchase and Sale of Real and Personal Property, Sections 2-144, 2-151, 2-154 and 2-155, regarding the procurement process.    (Brought forward by Councilmember Long)

VIDEO(2)Ordinance 83-23 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance authorizes the issuance of not to exceed $100,000,000 in aggregate principal amount of water and sewer revenue bonds, series 2023 of the City of Cape Coral, Florida to finance costs of the acquisition, construction and equipping of various capital improvements to the City's water and sewer utility system, pledging the herein described pledged funds to secure the payment of the principal of, redemption premium, if any, and interest on such bonds and provides for certain rights of the holders of such bonds. (Brought forward by City Management)

VIDEO(3)Resolution 273-23 Public Input

WHAT THE RESOLUTION ACCOMLISHES:

The Resolution supplements Resolution No.98-86, as previously amended and supplemented, authorizes the issuance of not to exceed $100,000,000 in aggregate principal amount of Water and Sewer Revenue Bonds, Series 2023, the proceeds of which will be used to finance costs of the acquisition, construction and equipping of various capital improvements to the City's Water and Sewer Utility System, making certain other covenants and agreements in connection with the issuance of such bonds, authorizes a negotiated sale of said bonds, delegates certain authority to the City Manager and the Financial Services Director and for the authorization, execution and delivery of a bond purchase agreement with respect thereto and the approval of the terms and details of such bonds, appoints the paying agent and registrar for said bonds, authorizes the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto, authorizes the execution and delivery of a continuing disclosure certificate, delegates certain authority to the City Manager and the Financial Services Director to determine whether to utilize Municipal Bond Insurance for the bonds, the reserve account requirement, if any, the reserve account insurance provider, if any, and certain other matters.  (Brought forward by City Management)

VIDEO(4)Ordinance 84-23 Public Hearing

WHAT THE ORDINANCE ACCOMPLISHES:

The ordinance amends the City of Cape Coral Code of Ordinances, Chapter 2, Administration, Division 9, Audit Committee, Chapter 14, Citizens Advisory Board for the Community Development Block Grant Activities, Chapter 26, Cape Coral Charter School Authority, and Chapter 27, Community Redevelopment, and the Land Development Code, Article 2, Decision Making, Chapter 1, Planning and Zoning Commission, to amend the terms of board members to two year terms for a maximum of two terms, with all terms having the same beginning and end of term in the respective years. (Brought forward by Mayor Gunter)

VIDEO(5)Resolution 279-23 Public Input

WHAT THE RESOLUTION ACCOMPLISHES:

The resolution amends Resolution 23-08, as amended by Resolution 181-20, to change the terms of board members of the Affordable Housing Advisory Committee.  (Brought forward by Mayor Gunter)

VIDEOC.Introductions
VIDEO(1)Resolution 284-23 (VP 21-0016*) Set Public Hearing for November 1, 2023

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

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution providing for the vacation of plat for a portion of the SE 2nd Street right of way located adjacent to Lots 1 and 2, Block 1339, and Lot 32, Block 1338, Cape Coral Unit 18; providing for the vacation of plat for platted easements lying in Lots 1 and 2, Block 1339, Cape Coral Unit 18; providing for the vacation of plat for platted easements lying in Lot 32, Block 1338, Cape Coral Unit 18; property located at 1933 SE 2nd Street and 204 SE 20th Place.

Applicant: Nelson Pinney

Acreage: 10,874 square feet

City Planning Staff Recommendation: Approval with conditions

Hearing Examiner Recommendation: Approval

VIDEO(2)Ordinance 79-23 (FLUM22-000030) Set Public Hearing for November 1, 2023

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral, Florida, Comprehensive Plan by amending the Future Land Use Map from Pine Island Road District (PIRD) to Single Family Residential (SF) land use for property described as Lots 46 & 47, Block 3623, Cape Coral Unit 49; property located at 1011 SW 4th Terrace.

Applicant: Synergy Homes, LLC

Acreage: 10,624 square feet

City Planning Staff Recommendation: Approval

Planning and Zoning Recommendation: Denial

VIDEO(3)Ordinance 80-23 Set Public Hearing for November 1, 2023

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral, Florida, Land Development Code, Article 5, “Development Standards,” Chapter 2, “Accessory Structures,” by amending Section 5.2.1., “General Requirements,” regarding marine improvements and boat canopies; and Article 5, “Development Standards,” Chapter 4, “Marine Improvements,” by amending Section 5.4.1., “Purpose and Intent,” regarding the construction of marine improvements and boat canopies.  (Brought forward by City Management)

City Planning Staff Recommendation: Approval 

Planning and Zoning Recommendation: Approval

VIDEO(4)Ordinance 85-23 (RZN23-000003*) Set Public Hearing for November 1, 2023

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

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance amending the City of Cape Coral, Florida, Official Zoning District Map of all property within the limits of the City of Cape Coral by rezoning property described as all of Block 2072, Unit 31, Cape Coral Subdivision, from Residential Multi-Family Low (RML) to Residential Multi-Family Medium (RMM) zone; property is located at 1322 NE 12th Avenue.

Applicant: DUPLEXES RESORT PARK LLC

Acreage: 24.67 acres

City Planning Staff Recommendation: Denial

Hearing Examiner Recommendation: Approval

VIDEO(5)Ordinance 87-23 Set Public Hearing for November 1, 2023

WHAT THE ORDINANCE ACCOMPLISHES: 

The Ordinance authorizes the issuance of not to exceed $15,000,000 in principal amount of Stormwater Utility Revenue Bonds of the City of Cape Coral, Florida to finance costs of the acquisition, construction and equipping of various capital improvements to the City's Stormwater Utility System, pledges the herein described pledged funds to secure the payment of the debt service of the Bonds, and provides for certain rights of the holders of the Bonds.  (Brought forward by City Management)

VIDEO11.APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS
VIDEOA.Affordable Housing Advisory Committee - 1 Vacancy (Continued from the October 4, 2023 Regular Meeting)
VIDEO12.REPORTS OF THE MAYOR, COUNCIL MEMBERS, CITY ATTORNEY AND CITY MANAGER
VIDEO13.TIME AND PLACE OF FUTURE MEETINGS
A.A Committee of the Whole is Scheduled for Wednesday, October 25, 2023, at 9:00 a.m. in Council Chambers
VIDEO14.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.

*Quasi-Judicial Hearings

Department of Development Services Cases

 
For all quasi-judicial hearings for the Department of Development Services cases, the following procedures shall be used to afford all parties 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 the testimony they provide is the truth.
   
 2.The order of presentation will begin with the city staff report, followed by the presentation by the applicant or their representative, followed by witnesses called by the applicant. City staff may also call witnesses and experts. The members of the public will be offered an opportunity to speak after all witnesses and experts. (Note: The Mayor may change the order of presentations)
   
 3. The applicant or their representatives and the city staff may cross examine individuals offering testimony.
   
 4. Members of the City Council may question any question any witness on relevant issues raised by the applicant or applicant's representatives, city staff, or by any member of the public.
   
 5. The Mayor may impose reasonable time 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 believed that such witnesses and/or evidence are necessary for a thorough consideration of the subject.
   
 6.After the introduction of all relevant testimony and evidence and conclusion of cross examination, the applicant shall have the opportunity to present a closing statement.
   
 7. If any 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.