ACTION AGENDA FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Christine Matthews Ward 4 Michael Flanders Ward 5 Forrest Banks Ward 6 Thomas C. Leonardo HARBORSIDE EVENT CENTER, 1375 MONROE 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 (9:05 a.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 Henderson. (See video @ 9:06 a.m.) Roll Call Absent: None: (See video @ 9:06 a.m.) CITY MANAGER S ITEMS 26b. Commitment of future local contribution, in the amount of $50,000, 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 that is required as part of the application by Florida Housing Finance Corporation (Ward 2) PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) (See video @ 9:08 a.m.) Anthony Thomas, Jr. spoke on Item Nos. 13b and 26. (See video @ 9:14 a.m.) PUBLIC HEARING S: Item Nos. 8-13a (Public input will be heard during the public hearing) Page 1 of 9
PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 11. FIRST PUBLIC HEARING AND PERMISSION TO ADVERTISE FOR SECOND PUBLIC HEARING: Ordinance No. 3727 for the second public hearing amending the City Code, Sub-Part B Land Development Code, Chapter 118, Land Use Regulations, Article 4. Overlay Districts, Section 118.4.4 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 (Ward 1, Ward 2, and Ward 3) 12. Ordinance No. 3728 adopting Comprehensive Plan Text Amendment 14-TA-04 updating the five-year schedule of Capital Improvements Element as mandated by Florida Statutes, Section 163.3177(3)(b) 13. Fourth Program Year Consolidated Annual Performance and Evaluation Report for Fiscal Year 2013-2014 Community Development Block Grant Program 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 163.380 (Ward 4) Permission to advertise for Second Public Hearing. (See video @ 9:20 a.m.) Ordinance No. 3728 adopted. (See video @ 10:07 a.m.) (See video @ 10:08 a.m.) Approved and add 60 days written notification to remove camera. (See video @ 10:09 a.m.) PERMISSION TO ADVERTISE Page 2 of 9
19. 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, as requested by Tim Keene, P.E., Keene Engineering, Inc., agent for Garden Street Iron and Metal Inc. of SW Florida, owner (Quasi-Judicial) (Ward 3) 20. Resolution vacating the westerly 695.12 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) (Ward 3) Permission to advertise for a public hearing. (See video @ 10:25 a.m.) Permission to advertise for a public hearing. (See video @ 10:27 a.m.) PUBLIC HEARINGS - Continued 9. 9. Ordinance No. 3721 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) (Ward 6) CONTINUATION OF Ordinance No. 3721 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. Adopt Ordinance No. 3721 as submitted by Neale Montgomery including the following Section B.8. Community Facilities. The Developer shall incorporate the following enhancements, improvements and renovations into the Village Center by December 31, 2016. The Developer can obtain an administrative extension 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 Page 3 of 9
9. (Quasi-Judicial) (Ward 6) CONTINUATION OF Ordinance No. 3721 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) (Ward 6) ii. iii. design, permit, and construct a free standing building that includes two additional group fitness spaces; and 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 an administrative amendment and thereafter the City Community Development Director must consult with the Board of the Pelican Preserve Homeowners Association before granting any administrative approval. AND Section B.10. Privacy. 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, 2015. 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 Page 4 of 9
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. (See video @ 10:50 a.m.) 10. Ordinance No. 3722 amending the Land Development Code, Section 118.6.2 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) (Ward 6) Ordinance No. 3722 adopted. (See video @ 11:26 a.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 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 ( Councilman Streets) 14. Nomination of Michael P. Tisch to the Bicycle and Pedestrian Advisory Board, term effective December 1, 2014, through September 16, 2015, replacing Marvin Burges, who resigned (Councilman Leonardo) A motion was not made. (See video @ 11:37 a.m.) (See video @ 12:00 p.m.) 15. Advisory board vacancies A motion was not made. (See video @ 12:01 p.m.) Page 5 of 9
15a. Motion to continue the meeting without a break PERMISSION TO ADVERTISE (See video @ 12:01 p.m.) 16. Ordinance rezoning 255 properties located within the Dr. Martin Luther King Jr. Boulevard and Veronica S. Shoemaker Boulevard Overlay District as requested by the City of Fort Myers (Quasi-Judicial) (Ward 1, Ward 2, and Ward 3) Permission to advertise Ordinance No. 3729 for a public hearing. (See video @ 12:02 p.m.) Page 6 of 9
PERMISSION TO ADVERTISE - Continued 17. Ordinance amending Ordinance No. 3431 Crossroads Commerce Center Planned Unit Development, located at 1100 Colonial Boulevard, extending the timeframes to commence and complete construction by seven years; and rescinding Ordinance No. 3626, as requested by Wayne Arnold, Grady Minor Engineering, agent for Harvey M. Lowell, Management Member of Summit Properties SW, LLC, owner (Quasi-Judicial) (Ward 6) 18. Ordinance rezoning from Multi-Family Residential (RM-16) to Planned Unit Development and the Development Plans for Page Health Care Planned Unit Development and Development Plan, 2310 North Airport Road, to add a rehabilitation center to an existing skilled nursing facility at 2310 North Airport Road, as requested by Matthew D. Uhle, Esquire, agent for Shady Rest Foundation Inc., owner and applicant (Quasi-Judicial) (Ward 5) 21. Invitation for Proposals for the disposition of 125 Lucille Avenue, a 150 foot by 140 foot, more or less, Single Family zoned parcel in the Dunbar-Michigan Community Redevelopment Area, pursuant to Florida Statute 163.380 (Ward 2) Permission to advertise Ordinance No. 3730 for a public hearing. (See video @ 12:03 p.m.) Permission to advertise Ordinance No. 3731 for a public hearing. (See video @ 12:04 p.m.) Permission to advertise for Invitation for Proposals. (See video @ 12:05 p.m.) CITY MANAGER S ITEMS 22. Resolution approving the Sovereignty Submerged Lands Easement Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for a 50 foot wide easement for a wastewater effluent outfall pipe for the Central Advanced Wastewater Treatment Plant for a period of 50 years (Ward 2) Resolution No. 2014-35 adopted. (See video @ 12:06 p.m.) Page 7 of 9
23. Resolution adopting the Wayfinding Sign Master Plan dated May 2014 26. Confirm Douglas E. Baker as City of Fort Myers Chief of Police and approve his employment contract with a salary of $136,756, effective for 3 years beginning January 1, 2015 through December 31, 2018 26a. Second Amendment, in the amount of $148,500, to Lease Agreement with Detroit Newspaper Partnership, L.P. for the leaseback of Fire Station No. 1 located at 2404 Dr. Martin Luther King Jr. Boulevard (Ward 4) Resolution No. 2014-36 adopted. (See video @ 12:08 p.m.) (See video @ 12:13 p.m.) (See video @ 1:03 p.m.) CITY ATTORNEY S ITEMS Time allocated for public comment on non-agenda items shall be limited to a total of thirty minutes, or such other period of time that may be approved by a majority of City Council. PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers who have notified the City Clerk of the specific subject no later than five (5) calendar days prior to the Council meeting may speak on subject matters not on the agenda, provided that the subject matter is within the jurisdiction of the City Council. (Four (4) minute time limit per speaker; if speaker addressed City Council during Public Input on Agenda Items, the time limit shall be three (3) minutes.) PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers who failed to notify the City Clerk no later than five (5) calendar days prior to the Council meeting may speak on subject matters not listed on the agenda, provided the subject matter is within the jurisdiction of the City Council. Each speaker must complete and submit a Request to Speak form to the City Clerk prior to the beginning of the meeting. (Three (3) minute time limit per speaker.) There were no speakers who notified the City Clerk. There was no one present to speak. Adjourn Page 8 of 9
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) 321-7035 or for the hearing impaired, TDD telephone number (239) 332-2541. Page 9 of 9