FORT MYERS CITY COUNCIL

Transcription

1 ACTION AGENDA FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Levon Simms Ward 4 Michael Flanders Ward 5 Forrest Banks Ward 6 Thomas C. Leonardo CITY COUNCIL CHAMBERS, 2200 SECOND STREET, FORT MYERS, FLORIDA Please complete a Request to Speak form if you plan to address the City Council and submit to the City Clerk prior to the start of the meeting. CALL TO ORDER (4:32 p.m.) Opening Prayer The meeting was opened with prayer by Councilwoman Teresa Watkins Brown. (See 4:32 p.m.) Pledge of Allegiance to the Flag of the United States of America The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Pro tem Leonardo. (See 4:33 p.m.) Roll Call Absent: Mayor. Randall P. Henderson, Jr., (See 4:33 p.m.) PROCLAMATIONS PRESENTATIONS A. Oath of office Member, Ward 3 AND Levon SPECIAL Simms, Council Adams, MMC, Marie City Clerk, administered the ceremonial Oath of Office to Council Member Levon Simms, Ward 3. (See 4:35 p.m.) Page 1 of 9

2 PROCLAMATIONS AND SPECIAL PRESENTATIONS - Continued 1. Proclamation proclaiming February 6, 7, and 8, 2015, as ArtFest Fort Myers Days Mayor Pro tem Leonardo read and presented the proclamation to Sharon McAllister, Executive Director, ArtFest Fort Myers. Sharon McAllister presented ArtFest 2015 Poster on aluminum to the City. (See 4:37 p.m.) 2. Proclamation proclaiming January 2, 9, 16, 23, and 30, 2015, as Financial Fitness Fridays to be sponsored by Regions Financial Corporation Mayor Pro tem Leonardo read and presented the proclamation to Daniel Eveloff, President, Regions Bank Fort Myers. (See 4:42 p.m.) 3. Donation, in the amount of $2,500, from George and Mary Jo Sanders Foundation, Inc. and Recognize Firefighter Jorge Perez as recipient of the 2014 George Sanders Distinguished Firefighter of the Year Award A motion was not made. Fire Chief Trenton Bowen presented Firefighter Jorge Perez with the 2014 George Sanders Distinguished Firefighter of the Year trophy. (See 4:46 p.m.) 3a. Resolution commending Kenny Dobson, Fire Chief A motion was not made. Mayor Pro tem Leonardo presented former Chief Dobson with a plaque. (See 4:50 p.m.) 4. Annual report from the Uncommon Friends Foundation, lessee, on activities at the Burroughs Home for the past year to comply with the Municipal Lease Agreement (Ward 4) Report made by Angela Melvin, Executive Director, Uncommon Friends Foundation. (See 4:53 p.m.) Page 2 of 9

3 PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) Public Hearing: Item No. 12 (Public input will be heard during the public hearing) Betty Hutto spoke on No. 12b. (See 5:04 p.m.) Neale Montgomery, Esquire, representing Sovereign Health, spoke on No. 12b. (See 5:07 p.m.) Steven Ward spoke on No. 16. (See 5:08 p.m.) Steve Hartsell, Esquire, representing Garden Street Iron and Metal, Inc. spoke on 19c. (See 5:15 p.m.) CONSENT AGENDA (Item Nos. 5-11a) Any Council Member may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 5. Minutes of the regular meeting held on December 1, 2014, and the reconvened meeting of December 1, 2014, held on December 2, Interlocal Agreement for Stray Animal Control Services, in the amount of $421,112, with Lee County, Florida Removed from Consent Agenda for discussion by Councilman Streets. (See 5:15 p.m.) Page 3 of 9

4 CONSENT AGENDA - Continued 7. Amendment No. 1 to Professional Services Agreement Continuing Contract for Material Testing Services, Request for Qualifications No PW, with Ardaman & Associates, Inc. exercising the first option to renew for 1 year, effective January 3, 2015, through January 2, Construction Contract Participation in Lee County Construction Contract B County-Wide Minor Paving and Drainage Improvements, Contract No. 6683, in the amount of $315,924.27, with Denco Construction, Inc. for Drainage and sidewalk improvements on the west side of Marsh Avenue from north of Palm Beach Boulevard/State Road 80 to Edgewood Avenue and Drainage Improvements and Sidewalk Connection at the railroad crossing on Van Buren Street north of Palm Beach Boulevard/State Road 80 (Ward 1) 9. QuitClaim Deeds from Fort Myers Rescue Mission, Inc. and Andrew C. Steele and Marion Z. Steele, husband and wife, for the right-of-way of Mission Lane (Ward 1) 10. Grant of Public Utility Easement for a 7 foot wide by foot long perpetual and non-exclusive utility easement located at 1222 Miracle Lane from Patrick F. Bridgette and Lisa H. Converse-Bridgette (Ward 4) Page 4 of 9

5 CONSENT AGENDA - Continued 11. Public Art Agreement, in the amount of $20,000, with Cheryl Foster for material and installation of the artwork "What Dreams May Come, and How They Fly" at Roberto Clemente Park, 3265 Dr. Martin Luther King Jr. Boulevard (Ward 1) ITEM REMOVED FROM CONSENT AGENDA Interlocal Agreement for Stray Animal Control Services, in the amount of $421,112, with Lee County, Florida (See 5:15 p.m.) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 12. SECOND PUBLIC HEARING: Ordinance No rezoning 255 properties located within the Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard Overlay District (Ward 1, Ward 2, and Ward 3) (Quasi-Judicial) Ordinance No adopted. (See 5:17 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 12a. Resolution urging tobacco retailers to voluntarily restrict the sale and marketing of candy flavored tobacco products in Fort Myers, Florida (Councilman Streets) 12b. Discuss Drug Rehabilitation Center located at 3331 E. Riverside Drive (Ward 2) Resolution No adopted. (See 5:24 p.m.) Approval to shut down the Drug Rehabilitation Center if the City has the legal ability. (See 5:34 p.m.) CITY MANAGER S ITEMS Page 5 of 9

6 16. Intent of the City to issue debt, in the estimated amount of $7,000,000, for the design and construction of a publicly owned and operated 210 +/- space parking garage on the Harborside Event Center east parking lot (Ward 4) 19a. Commitment of future local contribution, in the amount of $50,000, to Abigail Court, Ltd. for the construction of 100 units of affordable senior housing at Abigail Court Community located at 2010 Hanson Street (Ward 3) Approval of Option 2. (See 5:57 p.m.) Denied. (See 6:26 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 13. Report on board vacancies A motion was not made. PERMISSION TO ADVERTISE (See 6:46 p.m.) 14. Ordinance amending the City Code, Chapter 40 Fire Prevention and Protection, Article I. In General, Section 40-2 Florida Fire Prevention Code; Section 40-3(b)(1) Fire prevention standards; Section 40-4 Fee schedule for fire department permits; fire prevention bureau - applicable for new construction, remodeling or alterations, subparagraph (ee) Underground fire line; Section 40-7 Private fire mains; and Section 40-9(1) Standpipes Permission to advertise Ordinance No for a public hearing. (See 6:47 p.m.) Page 6 of 9

7 PERMISSION TO ADVERTISE - Continued 14a Accept proposal from James Muwakkil for the disposition of 125 Lucille Avenue, a 150 foot by 140 foot, more or less, parcel zoned Single Family in the Dunbar-Michigan Community Redevelopment Area, pursuant to Florida Statute And Notice of Disposition of Real Property for a public hearing on the disposition of 125 Lucille Avenue, a 150 foot by 140 foot, more or less, parcel zoned Single Family in the Dunbar-Michigan Community Redevelopment Area, to James Muwakkil, pursuant to Florida Statute and City Code, Section 2-39 (Ward 2) Accepted. Permission to advertise for the disposition of real property at 125 Lucille Avenue. (See 6:48 o'clock p.m.) 14b. Ordinance amending the City Code, Chapter 62, Pensions, Retirement and Other Employee Benefits, Article IV, City of Fort Myers Firefighters Retirement System, Section Membership, Subsection (a)(1) Conditions of eligibility to provide the fire chief may elect not to be a member of the City retirement system 14c. 30-day comment period and public meeting regarding the Analysis of Impediments to Fair Housing Choice as required by the United States Department of Housing and Urban Development for the Community Development Block Grant Permission to advertise Ordinance No for a public hearing. (See 6:48 o'clock p.m.) Permission to advertise. (See 6:49 p.m.) CITY MANAGER S ITEMS - Continued 15. Ratify Collective Bargaining Agreement with the International Association of Firefighters & Paramedics, Inc., Local 1826, effective October 1, 2014, through September 30, 2017 (See 6:50 o'clock p.m.) Page 7 of 9

8 CITY MANAGER S ITEMS - Continued 17. Lindsford, Phase 3A, a replat of Lots 1 through 4, Lot 36, Lots 57-60, Lot 193 and Lot 220 and Portions of Tracts B-6 and portions of Tracts R-4 and R-5, Lindsford Phase 3, Section 32, Township 44 South, Range 25 East, in the Waterford Landing Subdivision located on the north side of Winkler Avenue Extension and west of Eastwood Golf Course as requested by Steve Coleman, Barraco and Associates, representing Waterford Landing Acquisitions LLC (Ward 2) 18. Final plat for Colonial Gardens, a parcel of land lying in Section 33, Township 44 South, Range 25 East, with a pre-construction address of 4624 Colonial Boulevard, located in the southwest quadrant of the intersection of Colonial Boulevard and Ortiz Avenue as requested by Veronica Martin, TDM Consulting, Inc., representing Penta Homes II, Inc. (Ward 6) 19. Esperanza at Paseo-Phase Three; a Replat of Tract C, Esperanza at Paseo-Phase Two, in Section 9, Township 45 South, Range 25 East, in the Paseo Planned Unit Development as requested by Wes Kayne, Barraco Engineering, representing Brian Stock, Manager, Stock Development LLC (Ward 6) (See video a 6:54 p.m.) (See 6:55 p.m.) (See 6:56 p.m.) Page 8 of 9

9 CITY MANAGER S ITEMS - Continued 19b. Resolution relating to the provision and funding of fire rescue services and facilities within the City; amending and restating Resolution No ; providing for the imposition of fire rescue assessments throughout the entire area of the City; estimating the total amount to be funded through imposition of the fire rescue assessments for Fiscal Year ; establishing the method of assessing the fire rescue assessed cost against real property specially benefited by the provision of fire rescue services and facilities; directing the City Manager to prepare a preliminary fire rescue assessment roll; establishing a public hearing to consider imposition of the proposed fire rescue assessments; directing provision of notice to impose and provide for collection of non-ad valorem special assessments and notice of intent to use uniform method of collection non-ad valorem assessments 19c. Direct the City Attorney and City Manager to present an ordinance imposing a moratorium on the establishment of new junkyards or expansion of existing junkyards to the Planning Board and to otherwise take all steps to proceed through the regulatory process for adoption of such ordinance Resolution No adopted. (See 6:57 p.m.) Motion failed. (See 7:00 p.m.) CITY ATTORNEY S ITEMS 19d. Update on litigation case; Judith Minahan and Joann O Connell v. COFM and David Conticelli, Case No: 2:14-cv JES-DNF A motion was not made. (See 7:17 p.m.) Adjourned: 7:31 o'clock p.m. If a person decides to appeal any decision made by 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. Special Requirements: If you require special aid or services as addressed in the Americans with Disabilities Act, please contact the City Clerk s Office at (239) or for the hearing impaired, TDD telephone number (239) Page 9 of 9