Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America.

Transcription

1 The City Council of the City of Fort Myers, Florida, met in the reconvened session of the December 1, 2014, meeting at Harborside Event Center, 1375 Monroe Street, in the City of Fort Myers, Florida, on Tuesday,, at 9:05 o clock a.m. Present were Mayor Randall P. Henderson, Jr., presiding, Council Members Teresa Watkins Brown, Johnny W. Streets, Jr., Christine Matthews, Michael Flanders, Forrest Banks, and Thomas C. Leonardo. Also present were William P. Mitchell, City Manager, Marie Adams, MMC, City Clerk, and Grant W. Alley, City Attorney. Absent: None. Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America. NO. 26b COMMITMENT OF FUTURE LOCAL CONTRIBUTION TO THE HOUSING AUTHORITY OF THE CITY OF FORT MYERS AS PART OF THE REDEVELOPMENT OF EAST POINTE PLACE APPLICATION TO FLORIDA HOUSING FINANCE CORPORATION AND 2015 UNIVERSAL CYCLE LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION GRANT REQUIRED AS PART OF THE APPLICATION BY FLORIDA HOUSING FINANCE CORPORATION William P. Mitchell, City Manager, stated that the commitment of future local contribution, in the amount of $50,000.00, to the Housing Authority of the City of Fort Myers as part of the redevelopment of East Pointe Place, 3501 Dale Street, application to Florida Housing Finance Corporation and the 2015 Universal Cycle Local Government Verification of Contribution Grant required as part of the application by Florida Housing Finance Corporation was contingent on the annual appropriation of funds by City Council. Mr. Mitchell stated that the Housing Authority of the City of Fort Myers intended to continue to contribute to the stock of affordable housing in the City. Mr. Mitchell stated that the Housing Authority of the City of Fort Myers built 86 units of housing, East Point Place, formerly known as Palmetto Court public housing development north of Dr. Martin Luther King Jr. Boulevard and west of Veronica S. Shoemaker Boulevard. Mr. Mitchell stated that the City pledged $50, to assist the Housing Authority of the City of Fort Myers Housing application for tax credits through Florida Housing Finance Corporation. Mr. Mitchell stated that the Housing Authority of the City of Fort Myers has the opportunity to construct additional housing funded through tax credits and the City could help by pledging $50, toward the effort. Marcus D. Goodson, Executive Director, Housing Authority of the City of Fort Myers, stated that there was a shortage of affordable housing in the United States and disproportionately in Lee County. Mr. Goodson stated that Fort Myers was listed in an article in Atlantic Cities in March 2014 as the second worst community in Lee County in providing affordable housing for extremely low income families. Mr. Goodson stated that the Housing Authority of the City of Fort Myers and development partner, Pinnacle Housing Group, successfully replaced obsolete public housing at East Pointe Place with new, durable, energy efficient, and attractive affordable housing, formerly known as Palmetto Court. Mr. Goodson stated that 86 units were constructed and another 64 units were being sought through the low-income housing tax credit program. Mr. Goodson stated that a local contribution, in the amount of $50,000.00, was required by Florida Housing Finance Corporation which provided that local government was in support of the project. It was moved by Councilman Banks and seconded by Councilwoman Brown to approve the commitment of future local contribution, in the amount of $50,000.00, to the Housing Authority of the City of Fort Myers as part of the redevelopment of East Pointe Place application to Florida Housing Finance Corporation and the 2015 Universal Cycle - Local Government Verification of Contribution - Grant requires as part of the application by Florida Housing Finance Corporation. Mr. Goodson stated that the Community Development Block Grant Five-Year Consolidated Plan approved by City Council in August 2009 included the strategies of the 1

2 Housing Authority of the City of Fort Myers to address public housing revitalization and restoration needs. Mr. Goodson stated that the strategies included a goal and objectives as follows: Goal: Improve the quality of assisted housing Objectives: Renovate or modernize public housing units Demolish or dispose of obsolete public housing Provide replacement public housing Mr. Goodson stated that the redevelopment of the former Palmetto Court helps met the goal and objectives for public housing identified in the Five Year Consolidated Plan for the City. It was moved by Councilman Banks, seconded by Councilwoman Brown and unanimously carried to approve the commitment of future local contribution, in the amount of $50,000.00, to the Housing Authority of the City of Fort Myers as part of the redevelopment of East Pointe Place application to Florida Housing Finance Corporation and the 2015 Universal Cycle Local Government Verification of Contribution Grant required as part of the application by Florida Housing Finance Corporation. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 13b CONTINUE COMMENTS AND DISCUSSION ON RELATIONSHIPS WITH POLICING IN THE MINORITY COMMUNITIES FROM THE NOVEMBER 3, 2014, AND NOVEMBER 7, 2014, CITY COUNCIL MEETINGS and NO. 26 CONFIRM DOUGLAS E. BAKER AS CITY OF FORT MYERS CHIEF OF POLICE AND APPROVE EMPLOYMENT CONTRACT Anthony Thomas, Jr., resident, stated that the contract for Douglas Baker, Police Chief, should not be extended. Mr. Thomas stated that there was a lawsuit against the Police Department by Nicole Thomas, who was a detective at the Police Department and found by the Equal Employment Opportunity Commission as having been discriminated against. Mr. Thomas stated that no other city in southwest Florida has been found guilty of racial discrimination by the Equal Employment Opportunity Commission. Mr. Thomas stated that Chief Baker did good things such as accreditation, but the police community relations and City Council community relations were at an all-time low. Mr. Thomas stated that Chief Baker gave special assignments to police officers who were friends who received all the overtime pay. Mr. Thomas stated that the detective who was president of the Florida Police Benevolent Association, Inc., Gulf Coast Chapter, made more than $250, Mr. Thomas stated that Chief Baker rewarded the officers that he liked, gave them overtime and other perks, but the officers that were not liked were treated different. A motion was not made. NO. 11 FIRST PUBLIC HEARING AND PERMISSION TO ADVERTISE FOR SECOND PUBLIC HEARING: ORDINANCE NO AMENDING THE CITY CODE, SUB-PART B LAND DEVELOPMENT CODE, CHAPTER 118, LAND USE REGULATIONS, ARTICLE 4. OVERLAY DISTRICTS, SECTION RESERVED FOR DR. MARTIN LUTHER KING JR. BOULEVARD BY RENAMING AND CREATING AN OVERLAY DISTRICT FOR DR. MARTIN LUTHER KING JR. BOULEVARD AND VERONICA S. SHOEMAKER BOULEVARD Pursuant to advertisement in the Fort Myers News-Press, issue of November 21, 2014, Affidavit of Publication on file the first public hearing was held at this time on amending the City Code, Chapter 118, Land Use Regulations, Article 4. Overlay Districts, Section Reserved for Dr. Martin Luther King Jr. Boulevard by renaming and creating an Overlay District for Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard. Mayor Henderson introduced and caused to be read by 2

3 Grant W. Alley, City Attorney, in full by its title for the second reading, an ordinance as hereinafter set out entitled: ORDINANCE NO AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING THE CITY CODE, SUB-PART B, LAND DEVELOPMENT CODE, CHAPTER 118 LAND USE REGULATIONS, ARTICLE 4. OVERLAY DISTRICTS, SECTION RESERVED FOR DR. MARTIN LUTHER KING JR. BOULEVARD BY RENAMING TO DR. MARTIN LUTHER KING JR. BOULEVARD AND VERONICA S. SHOEMAKER BOULEVARD, AND CREATING OVERLAY DISTRICT REGULATIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Anthony Thomas, Jr., resident, stated that there was discussion years ago regarding rezoning Dr. Martin Luther King Jr. Boulevard and community meetings were held at Quality Life Center of Southwest Florida, Inc., 3210 Dr. Martin Luther King Jr. Boulevard, Dunbar-Jupiter Hammon Public Library, 3095 Blount Street, and people were clear that they did not want Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard rezoned. Mr. Thomas stated that rezoning Dr. Martin Luther King Jr. Boulevard was a scheme and not in the best interest of the people. Councilman Leonardo stated that not rezoning Dr. Martin Luther King Jr. Boulevard would leave the area for further decay. Councilman Leonardo stated that the community should come to City Council if they did not want the rezoning, and if there were going to be a lot of folks, the venue for the meeting could be moved. Councilman Leonardo stated that rezoning was about renewal, and if renewal did not happen, the area would deteriorate. Councilwoman Brown stated that she met with constituents in the community regarding rezoning of Dr. Martin Luther King, Jr. Boulevard, and they were told that change had to happen for economic development. Councilwoman Brown stated that there were a lot of businesses on Anderson Avenue, before it was renamed to Dr. Martin Luther King Jr. Boulevard, and if progress was not made, there would never be the same vibrancy. Councilman Leonardo stated that Ward 6 would be built out soon and the only available land was along the corridor of Dr. Martin Luther King, Jr. Boulevard, downtown, and urban infill throughout Wards 1, 2, and 3. Councilman Leonardo stated that the land should be utilized properly to help the City grow. Councilman Streets stated that the City Manager, Planning Board, and various committees discussed the rezoning. Councilman Streets stated that the widening of Dr. Martin Luther King Jr. Boulevard was not necessary. Councilman Streets stated the widening Dr. Martin Luther King Jr. Boulevard eliminated the African-American businesses from the corridor that was known as downtown Dunbar. Councilman Streets stated that there was not enough property for people to return to build or rebuild after Dr. Martin Luther King Jr. Boulevard was widened. Councilman Streets stated that opportunities should be provided to the community and African-American businesses. Councilwoman Brown stated that taxes may increase if a business, such as Walgreens constructed a building on the Dr. Martin Luther King Jr. Boulevard corridor. Councilwoman Matthews stated that information was provided that taxes would not increase unless a business was built adjacent to a property. Councilwoman Matthews stated that people were having a hard time affording current taxes and they could not afford a tax increase if a business was built next to their property. Councilman Flanders stated 3

4 that the ordinance included portions that were good, not costly, and enhancements that would make the corridor attractive and businesses succeed and profitable. Councilman Flanders stated that prior to the overlay zoning prohibited uses included billboards, large scale storage facilities, landfills, dumps, and scrap yards for processing and storage of waste material. Councilman Flanders stated that the ordinance allowed the previous prohibited uses through the conditional use process before the Board of Adjustments where it could be approved or denied. Councilman Leonardo stated that City Council did not have to accept the ordinance as written, and the uses that were considered to create an adverse impact, such as billboards, landfills and dumps, mineral extractions, prisons, and others should not be in the corridor. Councilman Leonardo stated that items that should be allowed in the corridor were wholesale trade, woodworking including cabinet manufacturers and furniture manufacturers that would provide jobs. Councilman Leonardo stated that City Council had the power and duty allow and disallow certain items. Robert Gardner, Director, Community Development Department, stated that the intent of the overlay zoning was to ensure that uses that had an outside storage or display, as part of the business, would be under a conditional use under the zoning overlay district. Mr. Gardner stated that there was no suggestion through a conditional use billboards, dumps, and others were allowed and the language would be changed. Mr. Gardner stated that rezoning of the parcels and the zoning overlay were an offshoot of the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards Revitalization Plan prepared by Dover Kohl in Mr. Gardner stated that the zoning overlay district goals and objectives showcased and honored the community heritage, create complete walkable people-first neighborhoods, address the shallow lot development along Dr. Martin Luther King Jr. Boulevard that resulted after the widening of the boulevard, and create a mixed-use income, mixed design to complement the community. Mr. Gardner stated that the revitalization study area was large, and there was not enough funding to complete the entire area, and the study area was made more manageable by choosing areas mostly likely to develop first along the corridor. Mr. Gardner stated that the successes along Dr. Martin Luther King Jr. Boulevard included Quality Life Center of Southwest Florida, Inc., Utopia Soul Food Café and Salon, 3069 Dr. Martin Luther King Jr. Boulevard, Roberto Clemente Park, 3265 Dr. Martin Luther King Jr. Boulevard, Dollar General, 3409 Dr. Martin Luther King Jr. Boulevard, James C. Boyd Funeral Home, 2966 Dr. Martin Luther King Jr. Boulevard, and Unique Plaza, 3637 Dr. Martin Luther King Jr. Boulevard, that encouraged more developments. Mr. Gardner stated that obstacles were removed to make it easier for developers and opportunity seekers to come into the community and do more business. Mr. Gardner stated that an overlay zoning district was developed and placed over existing zoning to control and promote economic opportunity and certain designs that provided vibrancy of community that the area currently lacked. Mr. Gardner stated that one of the criteria in the development in the overlay zoning was ensuring the fewest number of homesteaded properties were impacted. Mr. Gardner stated that the Lee County Property Appraiser determined the tax rate for property which was based on value of improvements not maintenance or improvements. Mr. Gardner stated that changing the zoning would not increase property values immediately or property taxes. Mr. Gardner stated that comparable sales and transactions within a couple miles of a property were considered by the Lee County Tax Appraiser when determining the market value of the property. Mr. Gardner stated that urban nodes were used by planners throughout the United States. Mr. Gardner stated that the local urban nodes were downtown Fort Myers and Cape Coral where there was a compact mixed-use residential, commercial, and institutional uses. Mr. Gardner stated that the Dr. Martin Luther King Jr. and Veronica S. Shoemaker Boulevards Revitalization Plan identified three urban nodes 4

5 as follows: Western Gateway Node: Property fronting on the north side of Dr. Martin Luther King Jr. Boulevard, east of Evans Avenue and west of Palm Avenue and includes the redevelopment area known as McCollum Hall, 2701 Dr. Martin Luther King Jr. Boulevard. Clemente-Dunbar Node Property fronting on the south side of Dr. Martin Luther King Jr. Boulevard from Ford Street to Henderson Avenue; lots south from Dr. Martin Luther King Jr. Boulevard to Thomas Street, and from Ford Street on the west to Henderson Avenue on the east. Includes five blocks of Ford Street, Cuba Street, Carver Avenue, and Henderson Avenue. Mid-Town Dunbar Retail Node All property fronting on Veronica S. Shoemaker Boulevard, from the intersection with Dr. Martin Luther King Jr. Boulevard south to Canal Street; the district is located east to west from Veronica S. Shoemaker Boulevard to Highland Avenue. Mr. Gardner stated that there were existing small lots and a concept was developed, Small Lot Standards, where there could be existing residential buildings along the corridor, and while there might not be requests to build a new Rite-Aid or Publix in the area, there could be a number of uses for small lots. Mr. Gardner stated that there was minimal landscaping, no on-site parking requirements if there was adjacent parking, low impact development criteria for stormwater run-off, low-cost/no-cost upgrades to certain properties that could set the stage for something bigger in the future. Grant W. Alley, City Attorney, left the meeting at 9:53 o clock a.m. Mr. Gardner stated that the area had more multi-family houses with renters than single family houses. Attorney Alley returned to the meeting at 9:55 o clock a.m. Mr. Gardner stated that the larger lot size was 10,000 square feet and larger which was the standard minimum commercial lot size. Mr. Gardner stated that retail general commercial offices, design appearance criteria, and new parking standards would reduce the number of on-site parking. Mr. Gardner stated that there would be a street parking study to identify parking opportunities. Mr. Gardner stated that the two townhouse areas were zoned multi-family. Mr. Gardner stated that Florida Gulf Coast University, Regional Economic Development Research Institute, FGCU Boulevard, South, examined existing zoning versus proposed zoning by applying an analysis which provided results for construction impact, total jobs, total labor income, and total economic output. Mr. Gardner stated that under the existing zoning were 4,751 existing jobs and under the proposed zoning there were more than 11,000 jobs a difference of 6,900 jobs over the life of the development and redevelopment. Mr. Gardner stated that total labor income increased as well as the total economic output from $568,000, to $833,000, Mr. Gardner stated that rezoning affected 255 parcels. Councilman Flanders stated that the economic development was based on more rooftops, more businesses, and making property more available as opposed to the current zoning. Councilman Flanders stated that adverse effect items such as billboards, stand-alone package liquor stores, landfills and dumps, mineral extraction areas, 5

6 scrap yards for processing and storage of waste material, public/private surface parking lots without businesses associated with it, were prohibited but the proposed ordinance made the prohibited items available for approval through a conditional use process. Councilman Leonardo left the meeting at 9:59 o clock a.m. Mr. Gardner stated that the intention of the rezoning was to regulate the kinds of commercial intensive uses that had outside storage and facilities. Mr. Gardner stated that the uses such as billboards, stand-alone package liquor stores, landfills and dumps, mineral extraction areas, scrap yards for processing and storage of waste material, public/private surface parking lots without businesses associated with it would not be permitted in the subject area. Mr. Gardner stated that the language would be changed to prohibit those uses before final presentation to City Council. Councilman Streets stated that Dr. Martin Luther King Jr. Boulevard, Palm Beach Boulevard, and Veronica S. Shoemaker Boulevard corridors should be given an opportunity to be developed exactly as the downtown area had been developed. Councilman Streets stated that businesses were needed to create jobs and viability in the community. Mr. Gardner stated that the changes were based on establishing a vibrancy by taking the best items from the Smart Code to simplify the development and redevelopment. Councilman Leonardo returned to the meeting at 10:02 o clock a.m. Mr. Gardner stated that the City processed more than $271,000, worth of residential development permits. It was moved by Councilman Streets and seconded by Councilwoman Brown to grant permission to advertise Ordinance No for the second public hearing. Geri Ware, resident, stated that improvements should be made but was uncertain about the risks. Ms. Ware stated that there were too many loopholes that allowed undesirable uses. Ms. Ware stated that more information should be provided to the people who would be affected. There being no one else to be heard, it was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to grant permission to advertise Ordinance No for the second public hearing. NO. 12 PUBLIC HEARING SECOND READING: ORDINANCE NO ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT 14-TA-04 UPDATING THE FIVE-YEAR SCHEDULE OF THE CAPITAL IMPROVEMENTS ELEMENT AS MANDATED BY FLORIDA STATUTES, SECTION (3)(B) Pursuant to advertisement in The News Press, issue of November 24, 2014, Affidavit of Publication on file, a public hearing was held at this time on Comprehensive Plan Text Amendment 14-TA-04 updating the Five-Year Schedule of the Capital Improvements Element as mandated by Florida Statutes, Section (3)(b). Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title for the second, an ordinance as hereinafter set out entitled: 6

7 ORDINANCE NO AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENT 14-TA-04 UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION (3)(b); PROVIDING A CONFLICTS CLAUSE, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the Text Amendment 14-TA-04 to the Capital Improvements Element of the Comprehensive Plan would be transmitted to the Department of Economic Opportunity for a compliance review with Chapter 163, Florida Statutes. Mayor Henderson stated that Florida Statutes required the Capital Improvements Element to be updated annually with the adopted Five-Year Schedule of Capital Improvements. Mayor Henderson stated that the Capital Improvements Element was a list of goals, objectives, and policies that directed how planning of public utilities, parks, schools, and roadways would be done. Mayor Henderson stated that the Five-Year Schedule of Capital Improvements was reviewed during the budget hearings and approved as part of the annual fiscal budget process each year. There being no one present to be heard, it was moved by Councilman Leonardo, seconded by Councilwoman Brown and unanimously carried to adopt Ordinance No at 10:08 o clock a.m. NO. 13 PUBLIC HEARING FOURTH PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Pursuant to advertisement in The News Press, issue of November 14, 2014, Affidavit of Publication on file, the public was held at this time on the Fourth Program Year Consolidated Annual Performance and Evaluation Report for Fiscal Year Community Development Block Grant Program. Mayor Henderson stated that the Fourth Program Year Consolidated Annual Performance and Evaluation Report for Fiscal Year Community Development Block Grant Program enabled the City to remain compliant with the Department of Housing and Urban Development program requirements. Mayor Henderson stated that the review consisted of analyzing the consolidated planning process, reviewing management of funds and determining the progress made in performing the Consolidated Plan policies and program. Mayor Henderson stated that the Consolidated Plan was used to guide housing programs and non-housing community planning. Mayor Henderson stated that all comments from the public would be considered in the preparation of the final annual performance report and submitted with the Consolidated Annual Performance and Evaluation Report document to Housing and Urban Development. There being no one present to be heard, it was moved by Councilman Banks, seconded by Councilwoman Brown and unanimously carried to approve the Fourth Program Year Consolidated Annual Performance and Evaluation Report for Fiscal Year Community Development Block Grant Program. NO. 13a CONTINUED PUBLIC HEARING FROM NOVEMBER 17, 2014: HOSTING AGREEMENT WITH EARTH NETWORKS, INC. FOR A WEATHER OBSERVATION SYSTEM TO BE INSTALLED ON THE CITY PIER BUILDING, 1300 HENDRY STREET, IN THE DOWNTOWN COMMUNITY REDEVELOPMENT AREA, PURSUANT TO FLORIDA STATUTE Pursuant to advertisement in The News Press, issue 7

8 of September 25, 2014, Affidavit of Publication on file, the public hearing, continued from November 17, 2014, was held at this time on the Hosting Agreement with Earth Networks, Inc. for a weather observation system to be installed on the City Pier building located at 1300 Hendry Street, in the Downtown Community Redevelopment Area, pursuant to Florida Statute Robert Gardner, Director, Community Development Department, stated that Art of the Olympians, former lessee of the City Pier Building, allowed weather equipment that consisted of a camera that was remotely operated and broadcasted pictures on the Internet to be installed on the roof the City Pier building. Mr. Gardner stated that the WeatherBug Weather Station consisted of a sensor suite, master control unit, digital display, communications device, sensor shelter, and camera on the City Pier building. Mr. Gardner stated that the City would benefit from pictures of the Caloosahatchee River, the annual boat show, other event, and the weather. Mr. Gardner stated that Earth Networks, Inc. indicated that their business model did not pay rent for the space occupied by the equipment or electricity where their equipment was located. Mr. Gardner stated that the bill for the use of electricity was $3.00 to $8.00 per month. Mr. Gardner stated that the equipment remained on the City Pier building but had been disconnected. Mr. Gardner stated that one proposal was received after advertising which was Earth Networks, Inc. Mayor Henderson stated that the agreement with Earth Networks, Inc. should include verbiage to mitigate a situation if the weather station became an impediment to the future use of the City of gaining a valuable market rate lease on the riverfront language. Councilman Flanders stated that there should be a website where the public could access the view from the camera at any time. Mr. Gardner stated that the downtown camera could be accessed from WeatherBug site but it would not be accessible from other sites. Councilman Streets stated that WeatherBug could possibly capture incidents downtown that may be pertinent to use by the Police Department. Councilman Leonardo stated that the installation of a camera on a City building for which the City was not paid for utilities was objectionable. Councilman Leonardo stated that most of the time the camera was pointed to the sky. Mayor Henderson stated that the Art of Olympians could have unwittingly violated the lease agreement by allowing the installation of the camera which was a small thing. There being no one else present to be heard, it was moved by Councilman Banks, seconded by Councilwoman Brown and carried to approve the Hosting Agreement with Earth Networks, Inc. for a weather observation system to be installed on the City Pier building, 1300 Hendry Street, in the Downtown Community Redevelopment Area, pursuant to Florida Statute and add to the agreement that within a 60 days of written notification they had to remove the camera. Councilman Leonardo voted no. NO. 19 PERMISSION TO ADVERTISE: RESOLUTION VACATING THE WESTERLY 550 FEET OF A DRAINAGE EASEMENT LOCATED ADJACENT TO AND SOUTH OF WALPEAR STREET, BETWEEN OLD METRO PARKWAY AND THE CSX RAILROAD RIGHT-OF-WAY, AND BETWEEN TWO VACANT PARCELS ADDRESSED AS 2804 HANSON STREET AND 2920 WALPEAR STREET, AS REQUESTED BY TIM KEENE, P.E., KEENE ENGINEERING, INC., AGENT FOR GARDEN STREET IRON AND METAL INC. OF SW FLORIDA, OWNER (QUASI-JUDICIAL) Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title for the first reading, a resolution as hereinafter set out entitled: 8

9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, VACATING THE WESTERLY 550 FEET, MORE OR LESS, OF A DRAINAGE EASEMENT LOCATED ADJACENT TO AND SOUTH OF WALPEAR STREET BETWEEN OLD METRO PARKWAY AND THE CSX RAILROAD RIGHT-OF-WAY, AND BETWEEN TWO VACANT PARCELS ADDRESSED AS 2804 HANSON STREET AND 2920 WALPEAR STREET, IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the drainage easement was described as follows: A tract or parcel of land lying in the State of Florida, County of Lee, City of Fort Myers, situated in Section 30, Township 44 South, Range 25 East, being part of Lots 25 and 26, East Stadler Farms as recorded in Plat Book 5 at Page 6, and Official Record Book 1002, at Page 1578 as recorded in the public records of Lee County, Florida and being more particularly described as follows: Commencing at the northeast corner of said Lot 26, East Stadler Farms; thence S.89 31'38"W. along the north line of said Lot 26 for a distance of feet; thence S.00 01'10"E. leaving the north line of said Lot 26, for a distance of feet to the south right-of-way line of Walpear Street as recorded in Official Record Book 1002 at Page 1580 of the public records of Lee County, Florida and the Point of Beginning; thence continue S.00 01'10"E. leaving the south right-of-way line of said Walpear Street, for a distance of feet; thence S.89 31'38"W. for a distance of feet to the south right-of-way said Walpear Street; thence N.45 53'38"E. along the south right of way of said Walpear Street for a distance of feet; thence N.89 31'38"E. along the south right-of-way of said Walpear Street for a distance of feet to the Point of Beginning. Parcel contains 5,445 square feet, more or less Bearings are based on the north line of Lot 26, East Stadler Farms Subdivision as bearing S W Mayor Henderson stated that Tim Keene, P.E., Keene Engineering, Inc., agent for Garden Street Iron and Metal Inc. of SW Florida, the owner of 2 parcels lying on either side of Walpear Street right-of-way, requested approval of a vacation of a 550 foot, more or less, drainage easement located adjacent to and south of Walpear Street on private property owned by Garden Street Iron and Metal Inc. Mayor Henderson stated that the drainage easement was located between two parcels addressed as 2804 Hanson Street and 2920 Walpear Street. Mayor Henderson stated that the parcels on either side of the right-of-way had a future land use classification of Industrial, 2804 Hanson Street was zoned Heavy Industrial, and 2920 Walpear Street was zoned Light Industrial. Mayor Henderson stated that the easement rant east-west between the two parcels. Mayor Henderson stated that after vacation of the easement, the 2 parcels would be combined for redevelopment or for sale. Mayor Henderson stated that Walpear Street was 1,092 feet, more or less, in length between Old Metro Parkway and the CSX Railroad rightof-way. Mayor Henderson stated that the width of the easement was 9

10 irregular and was between 10 feet and 14 feet wide. It was moved by Councilwoman Matthews, seconded by Councilwoman Brown and unanimously carried to grant permission to advertise a resolution vacating the westerly 550 feet, more or less, of a drainage easement located adjacent to and south of Walpear Street, between Old Metro Parkway and the CSX Railroad right-of-way, and between two vacant parcels addressed as 2804 Hanson Street and 2920 Walpear Street for a public hearing. NO. 20 PERMISSION TO ADVERTISE: RESOLUTION VACATING THE WESTERLY FEET, MORE OR LESS, OF AN UNIMPROVED AND UNUSED SECTION OF WALPEAR STREET RIGHT-OF-WAY LOCATED BETWEEN OLD METRO PARKWAY AND THE CSX RAILROAD RIGHT-OF-WAY, AND LOCATED BETWEEN TWO VACANT PARCELS ADDRESSED AS 2804 HANSON STREET AND 2920 WALPEAR STREET, AS REQUESTED BY TIM KEENE, P.E., KEENE ENGINEERING, INC., AGENT FOR GARDEN STREET IRON AND METAL INC. OF SW FLORIDA, OWNER (QUASI-JUDICIAL) Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title for the first reading, a resolution as hereinafter set out entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, VACATING THE WESTERLY FEET, MORE OR LESS, OF AN UNIMPROVED AND UNUSED SECTION OF WALPEAR STREET RIGHT-OF-WAY BETWEEN OLD METRO PARKWAY AND THE CSX RAILROAD RIGHT-OF-WAY, AND BETWEEN TWO VACANT PARCELS ADDRESSED AS 2804 HANSON STREET AND 2920 WALPEAR STREET, IN SECTION 30, TOWNSHIP 44 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the Walpear Street right-of-way was described as follows: A tract or parcel of land lying in the State of Florida, County of Lee, City of Fort Myers, situated in Section 30, Township 44 South, Range 25 East, being part of Lots 25 and 26, East Stadler Farms as recorded in Plat Book 5 at Page 6, as recorded in the public records of Lee County, Florida and being more particularly described as follows: Commencing at the northeast corner of said Lot 26, East Stadler Farms; thence S.89 31'38"W. along the north line of said Lot 26 for a distance of feet to the Point of Beginning; thence S.00 01'10"E. leaving the north line of said Lot 26, for a distance of feet to the south right-of-way of Walpear Street as recorded in Official Record Book 1002 at Page 1580 of the public records of Lee County, Florida; thence S W. along the south right-of-way of said Walpear Street for a distance of feet; thence 45 53'38W. along the south right-of-way of said Walpear Street for a distance of feet; thence S W along the south right-of-way of said Walpear Street for a distance of feet to the east line of Fort Myers Southern Railroad right-of-way as recorded in Deed Book 66 at Page 553 of the public records of Lee County, Florida; thence N E. along said east right-of-way line for a distance of feet to the north line of said Lot 25, and the north 10

11 right-of-way of said Walpear Street; thence N E. along the north line of said Lots 25 and 26, and the north right-of-way of said Walpear Street for a distance of feet to the Point of Beginning. Parcel contains 1.21 acres, more or less Bearings are based on the north line of Lot 26, East Stadler Farms Subdivision as bearing south S W. Mayor Henderson stated that Tim Keene, P.E., Keene Engineering, Inc., agent for Garden Street Iron and Metal Inc. of SW Florida, the owner of two parcels lying on either side of Walpear Street right-of-way, requested approval of a vacation of the westerly feet, more or less, portion of the unimproved and unused right-of-way known as Walpear Street. Mayor Henderson stated that the vacant parcels on either side were addressed as 2804 Hanson Street and 2920 Walpear Street. Mayor Henderson stated that the parcels on either side of the right-of-way had a future land use classification of Industrial, 2804 Hanson Street was zoned Heavy Industrial, and 2920 Walpear Street was zoned Light Industrial. Mayor Henderson stated that Walpear Street ran east-west between the two parcels that were owned by the same entity for the parcels to be combined for redevelopment or for sale. Mayor Henderson stated that Walpear Street was 1,092 feet, more or less, in length located between Old Metro Parkway and the CSX Railroad right-of-way. Mayor Henderson stated that the width of the vacation area was irregular and between 66 feet and 135 feet wide. Mayor Henderson stated that the City Engineering Division had no objections to the vacation and was not requiring compensation for the cost of the land, as the right-of-way of Walpear Street to be vacated was unimproved and unused. It was moved by Councilwoman Matthews, seconded by Councilwoman Brown and unanimously carried to grant permission to advertise a resolution vacating the westerly feet, more or less, of an unimproved and unused section of Walpear Street right-of-way located between Old Metro Parkway and the CSX Railroad right-of-way, and located between two vacant parcels addressed as 2804 Hanson Street and 2920 Walpear Street for a public hearing. The meeting recessed at 10:29 o clock a.m. The meeting reconvened at 10:47 o clock a.m. NO. 9 CONTINUED PUBLIC HEARING FROM DECEMBER 1, 2014: ORDINANCE NO AMENDING THE PELICAN PRESERVE DEVELOPMENT ORDER TO ADD 180 ACRES, MORE OR LESS, ANNEXED INTO THE CITY LIMITS AND TO BE PART OF THE PELICAN PRESERVE DEVELOPMENT OF REGIONAL IMPACT, AS REQUESTED BY NEALE MONTGOMERY, ESQUIRE, REPRESENTING WCI COMMUNITIES INC. (QUASI-JUDICIAL) Marie Adams, MMC, City Clerk, administered the oath to those persons who would give testimony during the quasi-judicial public hearing. Christian Van Hise, Esquire, Shumaker, Loop & Kendrick, LLP, representing Richard Hargrave and Residents Alliance for a Quality Lifestyle, Inc., stated that Mr. Hargrave and the Residents Alliance for a Quality Lifestyle, Inc. would not and expressly waive any rights to pursue a challenge in court and would not make any forthwith claim under the Comprehensive Planning Act, Chapter 163, Florida Statutes. Neale Montgomery, Esquire, representing WCI Communities Inc., stated that the changes were drafted to the privacy conditions and reviewed with Carol Brokke, President, Residents Alliance for a Quality Lifestyle, Inc., and the graphic was amended to include 1,200 feet of additional fencing at the northeasterly most area of Pelican Preserve. Attorney Montgomery stated that Section B.10. of Ordinance No was amended to the following: 11

12 WCI Communities Inc. will install a six foot chain link privacy fence in the location depicted on the north property boundary in yellow. Attorney Montgomery stated that the Residents Alliance for a Quality Lifestyle, Inc. requested clarification that the fence would be a six foot chain link. Attorney Montgomery stated that additional language was added Section B.10. of Ordinance No as follows:... Prior to buildout, if Plantation Garden Boulevard is still on the Long Range Transportation Plan, then the developer will install a minimum six foot fence along the Plantation Garden Boulevard right-of-way. Attorney Montgomery stated that the idea was that if the developer was built out and going to leave and the road happened 10 years later, WCI Communities Inc. would install the fence. Attorney Van Hise stated that Richard Hargrave and Residents Alliance for a Quality Lifestyle, Inc. agreed to the new language regarding the fence. Attorney Montgomery stated that Section B.8. Community Facilities of Ordinance No regarding the condition for recreational amenities was amended as follows:... The developer shall incorporate the following enhancements, improvements, and renovations into the Village Center by December 31, The Developer can obtain an administrative extension of time due to an "act of God" or "force majeure", acts of war, government shut down, hurricanes, tornados and other weather events". An act of God or force majeure is defined as hurricanes, earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonable within control of the Developer. The improvements to be constructed or installed are: i. install a second outdoor swimming pool ii. design, permit, and construct a free standing building that includes two additional group fitness spaces; and iii. renovate the current cardio and group fitness areas; and iv. provide enhancements to the existing locker rooms as determined by the Developer. Should the developer and residents determine that a different amenity improvement is desired instead of one of the items set forth above, the Developer can provide an alternative recreational amenity. The Developer must seek an administrative amendment from the City of Fort Myers and provide written notice to the residents of the DRI of the filing of the administrative amendment, and thereafter, the City Community Development Director must consult with the Board of the Pelican Preserve Home Owner's Association before granting any administrative approval. Section B.10. Privacy. AND WCI has provided perimeter privacy walls, fences, buffers and berms in accordance with the attached Exhibit "D". WCI will install a six foot chain link privacy fence in the location depicted on the north property boundary in yellow. The fence will be installed on or before December 31,

13 A privacy wall/fence/or berm with landscaping or combination thereof will be installed along the Florida Power and Light (FPL) easement in Gateway Boulevard at the time of issuance of a Certificate of Occupancy for residential units adjacent to the FPL easement and Gateway Boulevard. No wall/fence/or berm with landscaping or combination thereof is required along the proposed future extension of Plantation Garden Drive unless and until the City or County extends Plantation Garden Drive and opens the road to the public and until WCI develops a residential neighborhood adjacent to Plantation Garden Drive. When the road is open to the public and WCI develops an adjacent neighborhood WCI will install a privacy wall/fence/berm with landscaping or some combination thereof. Prior to buildout if Plantation Garden Drive is still on the Long-Range Transportation Plan, then the Developer will install a minimum six foot fence along the Plantation Garden Drive right-of-way. Attorney Montgomery stated that the Community Development Director would approve an administrative amendment from the City. Councilman Flanders stated that the developer could change amenities based on what was marketable and good for the development, but the community did not have say in that as long as an administrative approval was obtained for the change. Attorney Van Hise stated that the administrative amendment process would allow members of the public to communicate with staff to express issues with the change. Attorney Van Hise stated that WCI Communities Inc. was a sophisticated developer and would not make changes that were detrimental to the property. Attorney Montgomery stated that the Sales Center language would not be changed. Attorney Van Hise stated that the Sales Center language would remain as is in Ordinance No Anthony P. Pires, Jr., Esquire, Woodward, Pires & Lombardo, P.A., District Counsel, Gateway Services Community Development District, stated that the language changes and graphic changes were acceptable. Attorney Pires stated that Exhibit D was prepared by WCI Communities Inc. in October 2014 to reflect the existing 185 acres, more or less, that the Gateway Services Community Development District was the utility service provider by a north/south line, and 180 acres, more or less, proposed to be included in the Development Regional Impact, totaled 365 acres, more or less. Attorney Pires stated that the north/south line was not straight and included some jogs were the a product of the Interlocal Agreement entered into April 2014 between the City and the Gateway Services Community Development District agreeing to allow pockets of service in each other s service areas. Attorney Pires stated that the 365 acres, more or less, reflected the Gateway Services Community Development District service area for water, potable water, wastewater, and re-use water. Attorney Montgomery stated that Ordinance No should be found not to be a substantial deviation and approve the ordinance with the changes. Attorney Montgomery stated that the motion should include the following: 1. No substantial deviation in Ordinance No based on the request 2. Approve the draft Ordinance No that was distributed last night subject to the changes to the recreational amenities and privacy changes and the graphic would be labeled Exhibit D, and Pelican Preserve Utility Service Area with 368 acres, plus or minus, cross hatched in yellow. Attorney Van Hise stated that the language changes to be incorporated included the document entitled Gateway Services Community 13

14 Development District changes consisting of three pages, plus an Exhibit D blank page, plus a graphic labeled Exhibit D Section 1.a, Findings of Fact, as follows: 11. Water and wastewater and water re-use (when available) will be provided by the City of Fort Myers on the original 1,017 acres, more or less. Water, wastewater, and water re-use (when available) will be provided by the Gateway Services Community Development District (GSCDD) on 368 acres consisting of the 185 acres, more or less, added to the Development of Regional Impact in 2012, and 180 acres, more or less, added to the Development of Regional Impact in 2014, and an additional 3 acres for 368 total acres are depicted on the map included as Exhibit D. Attorney Alley stated the motion would be to adopt Ordinance No. 3721, as presented, with the changes provided by Attorney Montgomery and approved by Attorney Van Hise and Attorney Pires. It was moved by Councilman Banks, seconded by Councilman Leonardo to make a finding of no substantial deviation, approve draft Ordinance No. 3721, subject to the changes to the privacy conditions entitled Privacy, Recreational Amenities, and GSCDD changes (Pelican Preserve Utilities Service Area) with 368 acres, more or less, cross-hatched in yellow. Clerk Adams stated that the ordinance with the GSCDD changes Ordinance No was no longer being rescinded, but the title of Ordinance No provided for rescinding Ordinance No Attorney Montgomery stated that both languages were used interchangeably. Attorney Alley stated that Ordinance No was being rescinded and the title had to stay consistent. Attorney Van Hise stated that there was agreement to the motion by Richard Hargrave and Residents Alliance for a Quality Lifestyle, Inc. Russell Schropp, Esquire, representing the City, stated that the motion was appropriate. Attorney Alley stated that the City did not have jurisdiction over marketing Pelican Preserve which was a private enterprise. Ms. Brokke stated that there was a renewed effort to establish a Neighborhood Watch Program in Pelican Preserve and residents were reeducated to call the non-emergency number for the police if there were suspicions about anything. Attorney Montgomery stated that there was no financial payment made regarding Ordinance No annexing 180 acres to become part of the Pelican Preserve Development of Regional Impact, Ordinance No amending the Pelican Preserve Development Order to add 180 acres, more or less, into the City limits as part of the Pelican Preserve Development of Regional Impact, and Ordinance No amending the Land Development Code, Section Pelican Preserve Special Development Area and amend the Official Map to add the 180 acre, more or less, annexation area in Pelican Preserve. There being no one else present to be heard, it was moved by Councilman Banks, seconded by Councilman Leonardo and unanimously carried to make a finding of no substantial deviation, approve draft Ordinance No. 3721, subject to the changes to the privacy conditions entitled Privacy, Recreational Amenities, and GSCDD changes (Pelican Preserve Utilities Service Area) with 368 acres, more or less, cross-hatched in yellow and adopt Ordinance No at 11:26 o clock a.m. NO. 10 PUBLIC HEARING SECOND READING: ORDINANCE NO AMENDING THE LAND DEVELOPMENT CODE, SECTION PELICAN PRESERVE SPECIAL DEVELOPMENT AREA AND AMEND THE OFFICIAL ZONING MAP TO ADD THE 180 ACRE, MORE OR LESS, ANNEXATION AREA IN PELICAN PRESERVE, AS REQUESTED BY NEALE MONTGOMERY, ESQUIRE, REPRESENTING WCI COMMUNITIES INC. (QUASI-JUDICIAL) Pursuant to advertisement in The News Press, issue of November 6, 14

15 2014, Affidavit of Publication on file, the public hearing was held at this time on amending the Land Development Code, Section Pelican Preserve Special Development Area and amend the Official Map to add the 180 acre, more or less, annexation area in Pelican Preserve, as requested by Neale Montgomery, Esquire, representing WCI Communities Inc. Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title for the second reading, an ordinance as hereinafter set out entitled: ORDINANCE NO AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, AMENDING THE CITY CODE, SUB-PART B, LAND DEVELOPMENT CODE, CHAPTER 118 LAND USE REGULATIONS; ARTICLE 6. SPECIAL DEVELOPMENT AREAS, SECTION PELICAN PRESERVE SPECIAL DEVELOPMENT AREA; PROVIDING for SEVERABILITY AND PROVIDING for AN EFFECTIVE DATE. Mayor Henderson stated that the property was described as follows: A tract or parcel of land lying in Sections 1, 2 and 12, Township 45 South, Range 25 East, Section 35, Township 44 South, Range 25 East, and Section 6, Township 45 South, Range 26 East, Lee County, Florida, being further bounded and described as follows: Beginning at the 4 concrete monument marking the South One Quarter corner of Section 1, Township 45 South, Range 25 East, Lee County, Florida; thence S.89 56'14"W., along the south line, of the Southwest One Quarter of said Section 1, for 2, feet to the southwest corner of said Section 1 and the southeast corner of Section 2, Township 45 South, Range 25 East, Lee County, Florida; thence S.89 03'49"W., along the south line of the Southeast One Quarter of said Section 2, for 2, feet to a 3"x5" concrete monument marking the South One Quarter corner of Section 2, Township 45 South, Range 25 East; thence continue S.89 03'49"W., along the south line of the Southwest One Quarter of said Section 2, for feet to a PK Nail and disc stamped LB 6952 and a point on a curve; thence northerly feet along the arc of a non-tangential curve to the left having a radius of 2, feet through a central angle of 04 24'41" and being subtended by a Chord which bears N.01 38'43"W. for feet to a PK Nail and Disc stamped LB 6952; thence N.03 51'03"W., for feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; thence northerly feet along the arc of a tangential curve to the right having a radius of 2, feet through a central angle of 10 24'15" and being subtended by a chord which bears N.01 21'04"E. for feet; thence N.06 33'12"E., for 1, feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; thence northerly feet along the arc of a tangential curve to the left having a radius of 1, feet through a central angle of 43 02'49" and being subtended by a Chord which bears N.14 58'12"W. for feet; thence N.36 29'36"W., for feet to a PK Nail and Disc stamped LB 6952 and a point of curvature; 15