Mayor
John Gunter
Council Members
District 1: Bill Steinke
District 2: Dan Sheppard
District 3: Tom Hayden
District 4: Richard Carr
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

 November 20, 20244:30 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 STEINKE
VIDEO3.PLEDGE OF ALLEGIANCE
A.COUNCILMEMBER STEINKE
VIDEO4.ROLL CALL
A.MAYOR GUNTER, COUNCIL MEMBERS CARR, COSDEN, HAYDEN, LONG, SHEPPARD, STEINKE, WELSH
VIDEO5.CHANGES TO AGENDA/ADOPTION OF AGENDA
6.RECOGNITIONS/ACHIEVEMENTS
A.NONE
VIDEO7.APPROVAL OF MINUTES
VIDEOA.Regular Meeting - October 16, 2024
VIDEOB.Special Meeting - October 30, 2024
VIDEOC.Regular Meeting - October 30, 2024
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.
VIDEO9.ORDINANCES/RESOLUTIONS - PUBLIC HEARINGS
A.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)Resolution 380-24 Public Input

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution certifying the results of the General Election of the City of Cape Coral, Florida held on November 5, 2024.  

VIDEO10.BUSINESS
VIDEOA.NEW BUSINESS
VIDEO(1)Presentation of Plaques
(2)Recess
VIDEO(3)Oath of Office/Swearing In of 2024 Elected Officials
VIDEO(4)Roll Call: MAYOR GUNTER, COUNCIL MEMBERS DONNELL, KADUK, KILRAINE, LEHMANN, LONG, NELSON, STEINKE
VIDEO(5)Appointment of Mayor Pro Tem
VIDEO(6)Appointment of Office Manager
VIDEO(7)Council Memberships and Invoices (6)

a.  Florida League of Cities

b.  Florida League of Mayors

c.  Metropolitan Planning Organization

d.  National League of Cities 

e.  Southwest Florida League of Cities 

f.   US Conference of Mayors  

VIDEO(8)Council Liaison and Member Selections

a.  AHAC Committee - Member

b.  Audit Committee - Voting Member

c.  Charter School Governing Board - Voting Member

d.  Transportation Advisory Committee - 5 Voting Members, 1 Alternate

e.  Community Development Block Grant - Liaison

f.   Planning & Zoning Commission - Liaison

g.  Metropolitan Planning Organization - 5 Voting Members; 3 Alternates

h.  National League of Cities - 1 Member, 1 Alternate

i.   Horizon Council - 1 Member, 1 Alternate

j.  Tourist Development - Ex-Officio Non Voting Seat 

(9)Establish time for Regular meetings in 2025
VIDEO(10)January Budget Workshop dates
VIDEO11.ORDINANCES AND RESOLUTIONS - INTRODUCTIONS
A.Introductions
VIDEO(1)Resolution 369-24 (VAC24-000003*) Set Public Hearing for December 4, 2024

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

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution of the Mayor and City Council of the City of Cape Coral, Florida, providing for the vacation of plat for the street right-of-way and all underlying easements associated with portions of SW 3rd Avenue, SW 3rd Place, SW 4th Avenue, SW 4th Place, and SW 25th Street; providing for the vacation of plat for all platted easements lying within the subject property; providing for the vacation of plat for all easements underlying the previously vacated portions of the Defender and Malabar canals; property located north of Veterans Parkway, West of SW 2nd Court, and south of the Defender Canal.

Address: 2504 SW 4th Place

Applicant: Lee Memorial Health System

City Planning Staff Recommendation: Approval with conditions

Hearing Examiner Recommendation: Approval with conditions

VIDEO(2)Ordinance 70-24 Set Public Hearing for December 4, 2024

WHAT THE ORDINANCES ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the Land Development Code of the City of Cape Coral, Florida, Article 6, Parking, Chapter 2, Truck and Vehicle Parking, Section 6.2.1, Parking Regulations for Residential Zoning Districts, regarding parking on property with a principal residential building.  (Brought forward by City Management)

City Planning Staff Recommendation:  Approval

Planning & Zoning Recommendation:  Approval

NOTE:  Regulates parking of vehicles based on principal use of the structure.

VIDEO(3)Ordinance 78-24 (FLUM24-000013) Set Public Hearing for transmittal for December 4, 2024

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the City of Cape Coral, Florida Comprehensive Plan by amending the Future Land Use Map from Commercial Activity Center (CAC) to Burnt Store Road District (BURST) land use for property located in Section 7, Township 43 South, Range 23 East; Section 29, Township 43 South, Range 23 East; Section 32, Township 43 South, Range 23 East; and Section 20, Township 43 South, Range 23 East, Lee County, Florida, as more particularly described herein; amending the Future Land Use Map from Commercial Professional (CP) to Burnt Store Road District (BURST) land use for property described as Lots 1-24, Block 4291, Cape Coral Unit 61, and for property located in Section 7, Township 43 South, Range 23 East, Lee County Florida, as more particularly described herein; amending the Future Land Use Map from Multi-Family (MF) to Burnt Store Road District (BURST) land use for property described as Blocks 6171, 6172, 6173, 6174, and 6175, Cape Coral Unit 98; amending the Future Land Use Map from Mixed Use (MX) to Burnt Store Road District (BURST) land use for property described as Lot 31, Block 5522, Cape Coral Unit 91; Tract A, South Forty Subdivision; Lots 16-20, M-2, 6, 10, 14, and Tracts A and B, Westchester Estates;  Lots 1, 2, 3, 4, 5, and 6, Block 5523, Cape Coral Unit 91; and for property located in Section 18, Township 43 South, Range 23 East; Section 19, Township 43 South, Range 23 East; and Section 30, Township 43 South, Range 23 East, Lee County, Florida, as more particularly described herein; amending the Future Land Use Map from Open Space (OS) to Burnt Store Road District (BURST) land use for property located in Section 20, Township 43 South, Range 23 East, Lee County, Florida, as more particularly described herein; amending the Future Land Use Map from Public Facilities (PF) to Burnt Store Road District (BURST) land use for property described as Lots 27-30, Block 5522, Cape Coral Unit 91; amending the Future Land Use Map from Single-Family (SF) to Burnt Store Road District (BURST) land use for property described as Blocks 6169 and 6170, Cape Coral Unit 98; and Tracts C & D and Lots 21-54, Westchester Estates; amending the Future Land Use Map from Single-Family/Multi-Family (SM) to Burnt Store Road District (BURST) land use for property described as Lots 28-33, Block 4303, Cape Coral Unit 61; Lots 17-46, Block 6300, Cape Coral Unit 83-1; Lots 1-51, Block 6301, Cape Coral Unit 83-1; Lots 1-71, Block 6303, Cape Coral Unit 83-1; Lots 1-26, Block 5521, Cape Coral Unit 91; Lots 1-26, Block 5522, Cape Coral Unit 91; and for property located in Section 7, Township 43 South, Range 23 East; Section 19, Township 43 South, Range 23 East; and Section 30, Township 43 South, Range 23 East, Lee County, Florida, as more particularly described herein.

Applicant: City of Cape Coral

Acreage:  1,141 acres

City Planning Staff Recommendation: Approval

Planning and Zoning Recommendation: Approval

VIDEO(4)Ordinance 79-24 Set Public Hearing for December 4, 2024

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the Land Development Code of the City of Cape Coral, Florida, Article 3, Development Review, Chapter 4, Specific Review Procedures–Quasi-Judicial Permits and Approvals, Section 3.4.5., Vacations of Plats, Easements, and Rights-of-Way, regarding additional requirements for surveys, sketches, and legal descriptions, and additional required procedures. (Brought forward by City Management)

City Planning Staff Recommendation: Approval

Planning and Zoning Recommendation: Approval

VIDEO(5)Ordinance 82-24 Set Public Hearing for December 4, 2024

WHAT THE ORDINANCE ACCOMPLISHES:

The Ordinance authorizes and directs the City Manager or their designee to enter into a Ground Lease with Lee County, a political subdivision of the State of Florida, for the lease of property owned by the City of Cape Coral located at 101 NW Douglas Parkway to provide emergency medical services, and authorizes the City Manager or their designee to execute the Ground Lease and any related documents. (Brought forward by City Management)

VIDEO(6)Ordinance 83-24 Set Public Hearing for December 4, 2024

WHAT THE ORDINANCE ACCOMPLISHES:

The Ordinance approves the First Amendment to the Animal Shelter Ground Lease and Purchase Agreement between the City of Cape Coral, a Florida municipal corporation, and the Cape Coral Animal Shelter Corporation, a Florida not-for-profit corporation, for the Lease of property owned by the City at 325 SW 2nd Avenue, known as Cape Coral Animal Shelter and authorizes the City Manager or their designee to execute the First Amendment.   (Brought forward by City Management)

VIDEO(7)Resolution 378-24 (VAC24-000005*) Set Public Hearing for December 11, 2024

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

WHAT THE RESOLUTION ACCOMPLISHES:

A resolution of the Mayor and City Council of the City of Cape Coral, Florida, providing for the vacation of plat for a portion of the Monticello and Monterey Canal rights-of-way and underlying easements adjacent to Lots 30 and 31, Block 23, Cape Coral Unit 1, Part 2; providing for the vacation of plat for platted easements associated with Lots 30 and 31, Block 23, Cape Coral Unit 1, Part 2; property located at 849 Montclaire Court.

Applicant: Freedom Boat Company

City Planning Staff Recommendation:  Approval with Conditions

Hearing Examiner Recommendation:  Approval with Conditions

VIDEO(8)Ordinance 80-24 (RZN24-000001*) Set Public Hearing for December 11, 2024

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

WHAT THE ORDINANCE ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, that amends the City of Cape Coral, Florida Official Zoning District Map of all property within the limits of the City of Cape Coral, Florida, by rezoning property described as Lots 9-18, Block 5614, Unit 84, Cape Coral Subdivision, from Single-Family Residential (R1) to Commercial (C) zone; property is located at 3303 and 3307 NE 16th Avenue and 3302 and 3306 Averill Boulevard.

Applicant: Joella Consolazio and Richard & Linda Ricciani

City Planning Staff Recommendation: Approval

Hearing Examiner Recommendation: Approval

VIDEO(9)Ordinance 81-24 (RZN24-000004*) Set Public Hearing for December 11, 2024

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

WHAT THE RESOLUTION ACCOMPLISHES:

An ordinance of the Mayor and City Council of the City of Cape Coral, Florida, that amends the City of Cape Coral, Florida Official Zoning District Map of all property within the limits of the City of Cape Coral, Florida, by rezoning property described as Lots 46 and 47, Block 3623, Unit 49, Cape Coral Subdivision, from Commercial Corridor (CC) to Single-Family Residential (R1) zone; property is located at 1011 SW 4th Terrace.

Applicant: Synergy Homes LLC  

City Planning Staff Recommendation: Approval

Hearing Examiner Recommendation: Approval

VIDEO12.REPORTS OF THE MAYOR, COUNCIL MEMBERS, CITY ATTORNEY, AND CITY MANAGER
13.TIME AND PLACE OF FUTURE MEETINGS AND ADJOURNMENT
A.A Committee of the Whole is Scheduled for Wednesday, December 4, 2024, at 9:00 a.m. in Council Chambers
B.A Regular Meeting of the Cape Coral City Council is Scheduled for Wednesday, December 4, 2024, beginning at 4:30 p.m. in Council Chambers
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 at (239) 574-0411. 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. 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.