FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Terolyn P. Watson Ward 4 Michael Flanders Ward 5 Fred Burson Ward 6 Gaile H. Anthony OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA For full agenda Packet Click Here. Larger files may take longer to download. 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 (4:30 p.m.) Opening Prayer The meeting was opened in prayer by Mayor Henderson. (See video @ 4:30 p.m.) Pledge of Allegiance to the Flag of the United States of America Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America. (See video @ 4:30 p.m.) Roll Call Absent: None. (See video @ 4:31 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS A. Proclamation proclaiming December 4, 2017, as Chris Pendleton Day 1. Presentation of annual report on activities at the Burroughs Home, 2505 First Street, by the Uncommon Friends Foundation, lessee, to comply with the Municipal Lease Agreement (Ward 4) A motion was not made. (See video @ 4:32 p.m.) Removed by the City Manager on November 30, 2017, as requested by Jennifer Nelson, Executive Director, Uncommon Friends Foundation. Page 1 of 14
PROCLAMATIONS AND SPECIAL PRESENTATIONS 2. Presentation of annual report on activities at the Dr. Piper Center for Social Services, Inc., 2607 Dr. Ella Piper Way, to comply with the Municipal Lease Agreement (Ward 2) 3. Presentation of annual report of activities at SalusCare, Inc., 3763 Evans Avenue and 2450 Prince Street, to comply with Municipal Land Lease (Ward 3) 3a. Presentation to share 50 Years and More: A Golden Legacy of Service, Sisterhood, and Leadership from the Fort Myers Alumnae Chapter of Delta Sigma Theta Sorority, Incorporated A motion was not made. (See video @ 4:40 p.m.) A motion was not made. (See video @ 4:42 p.m.) A motion was not made. (See video @ 4:47 p.m.) APPROVAL OF WALK-ON AGENDA ITEMS Page 2 of 14
PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Three (3) minute time limit per speaker) Bonnie Raitt, resident, spoke on Agenda Item No. 23c. See video @ (4:45) LaShonda Evans, resident, spoke on Agenda Item No. 11e. (See video @ (5:01) Terry Lindsey, resident, spoke on Agenda Item No. 11e. (See video @ (5:07) Anthony Thomas, Jr., resident, spoke on Agenda Item No. 11e and 23h. (See video @ (5:08) Henry Jackson, resident, spoke on Agenda Item No. 23h. (See video @ (5:12) Rickey Rogers, resident, spoke on Agenda Item No. 23h. (See video @ (5:13) Bernice Brown, resident, spoke on Agenda Item No. 23h. (See video @ (5:14) Annie Freeman, resident, spoke on Agenda Item No. 23h. (See video @ (5:16) Willie Green, resident, spoke on Agenda Item No. 23h. (See video @ (5:01) Page 3 of 14
Public Hearings: (Item No. 15-19) (Public input will be heard during the public hearing) CONSENT AGENDA (Item Nos. 4-11d) Any Council Member may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 4. Minutes of the special meeting held on October 9, 2017 5. Interlocal Agreement between the City and Lee County, for installation and maintenance of landscaping, lighting, drainage, utilities, and roadway infrastructure on Ortiz Avenue from 1,935.77 feet north of the Hanson Street Extension to 1,164.85 feet south of the Hanson Street Extension (Wards 2 & 3) 6. 2017-2018 Interlocal Agreement for Stray Animal Control Services, in the amount of $515,750, with Lee County, Florida 6a. Waiver of Invitation to Bid procedure and approve equipment purchase, in the amount not to exceed $151,000, with Encore Broadcast Equipment Sales, dba Encore Broadcast Solutions, to upgrade the existing audio/visual equipment in the Council Chambers, Oscar M. Corbin, Jr. City Hall, 2200 Second Street 6b. Professional Services Agreement for Planning Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 02-20-17- CD, with David Douglas Associates, Inc. Removed from agenda by Mary Hagemann, Interim City Clerk, on November 29, 2017. Page 4 of 14
CONSENT AGENDA Continued 6c. Professional Services Agreement for Planning Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 02-20-17- CD, with Johnson Engineering, Inc. 6d. Professional Services Agreement, in the monthly amount of $4,167 plus reimbursable expenses, with Gray Robinson Attorneys at Law for State Lobbyist Services City of Fort Myers, FL, Request for Qualifications No. 8010-16 effective for 5 years with an option to renew for 5 additional years Approved Agreement with changes as follows: 1. Renewal term option is $50,000 a year for years 1-5 and negotiable for years 6-10. 2. Either party may terminate the Agreement. 3. Modification for scope of services - no modification of scope of services unless both parties agree to the change. (See video @ 4:53 p.m.) 7. Task Authorization No. 4, in the amount of $141,726, to Construction Manager-At-Risk Continuing Contract Request for Qualifications #12-27-12-PW with Compass Construction, Inc. for Americans with Disabilities Act Renovations at the Police Golf View Annex Building, 1803 Golf View Avenue (Ward 4) 8. Task Authorization No. 4, in the amount of $201,598.98, to Agreement between Owner and Construction Manager-At-Risk Continuing Contract, Request for Qualifications No. 12-27-12-PW, with Wright Construction Group, Inc. for Americans with Disabilities Act Improvements and New Nursery Office trailer, 4500 Dr. Martin Luther King Jr., Boulevard, at the nursery site (Ward 2) Page 5 of 14
CONSENT AGENDA Continued 9. Task Authorization No. 4, in the Guaranteed Maximum Price of $1,999,835, to Construction Manager At Risk- Continuing Contract, Request for Qualifications No. 12-27-12- PW with AIM Construction Contracting, LLC for Alicia Street Improvements (Ward 4) 10. Supplemental Task Authorization No. 35, in the amount of $203,560, to Professional Services Agreement - Engineer of Record for Wastewater Treatment Facilities Request for Qualifications No. 03-13-12-PW, with CDM Smith Inc., for Construction Inspectors for Energy Efficient Savings for Central & South Advanced Wastewater Treatment Facilities (Wards 1 & 5) 10a. Amendment No. 2 to Supplemental Task Authorization No. 3, in the amount of $42,596.13, to Professional Services Agreement- Continuing Contract Environmental Engineering Services, Request for Qualifications No. 03-12-12- PW, with GFA International Inc. for the South Street property at 3348 South Street 10b. Approve Change Order No. 3, in the amount of $101.72, for ITB No. 64-15-16, to Colonial Terrace Area A Utility and Drainage Improvements Project, with Denco Construction, Inc., decreasing the contract from $1,881,042.63 to $1,880,940.91 and extending the contract time by 90 days from 419 days to 509 days, and release final retainage payment in the amount of $18,809.41 (Ward 5) Page 6 of 14
CONSENT AGENDA Continued 11. Budget transfer, in the amount of $1,896,737, reallocating funding sources for the Trunk Sanitary Sewer Replacement Project from utility debt to new market tax credits 11a. Quit Claim Deed for a perpetual easement from Bill Smith, Inc. for the specific purpose to allow for a portion of the stairs of the Hall of Fifty States building, 2254 Edwards Drive, to overlap on Bill Smith, Inc. property (Ward 4) 11b. Quit Claim Deed for a perpetual easement to Bill Smith, Inc. for the specific purpose to allow for a building overlap on City property (Ward 4) 11c. Release of Reservation of Mineral Rights contained in the Quit Claim Deed to Bill Smith, Inc. for Parcel ID No. 3-44-24-P4-00402.0030, recorded by Instrument No. 2005000144493 in the Official Records of Lee County, Florida on November 30, 2005. (Ward 4) 11d. Bid No. 0001-18, Mobile Dewatering & Hauling for the South Advanced Wastewater Treatment Facility (SAWWTP), 1618 Matthew Drive, in the amount not to exceed $765,000, with Synagro South, LLC And Approve budget amendment, in the amount of $765,000, appropriating Utility Fund reserves and increasing the SAWWTP Contract Services by like amount (See video @ 4:53 p.m.) Page 7 of 14
MOTION TO MOVE AGENDA ITEMS 23c through 23g (See video @ (5:26) CITY MANAGER S ITEMS 23c. City Pier Lease Agreement with Mainsail Fort Myers LLLP And Approve Fiscal Year 2017-2018 budget amendment, in the amount of $700,000, Series 2018 Capital Improvement Revenue Bonds and Increase City Pier Capital Improvement Project by like amount (Ward 4) 23d. First Amendment to Harborside Event Center Lease Agreement with Mainsail Fort Myers LLLP. And Approve budget amendment of $350,000 establishing Amphitheater Capital Project 23e. Construction Management Agreement with Mainsail Fort Myers LLLP (Ward 4) 23f. First Amendment to Ground Lease Agreement (Hotel and Garage Use) with Mainsail Fort Myers LLLP (Ward 4) 23g. First Amendment to Development Agreement (Parking Garage and Harborside Event Center) (Ward 4) (See video @ 5:27 p.m.) (See video @ 5:34 p.m.) (See video @ 5:36 p.m.) (See video @ 5:38 p.m.) (See video @ 5:48 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 11e. Discuss the sludge and contamination located at 3348 South Street (Councilman Street) A motion was not made. (See video @ (5:54) Page 8 of 14
CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 12. Appointment of two regular members to the Metropolitan Planning Organization Board (Mayor Henderson) Councilwoman Gaile H. Anthony, Ward 6, was appointed as regular member of the Metropolitan Planning Organization, term effective December 2, 2017, through December 1, 2021, and Councilman Johnny W. Streets, Jr., Ward 2, was appointed as regular member of the Metropolitan Planning Organization term effective November 16, 2017, through November 15, 2021. (See video @ 6:30 p.m.) 12a. Elect a new Mayor Pro tem Councilman Michael Flanders, Ward 4, was elected as Mayor Pro tem, term effective 12/04/2017 12/03/2018. (See video @ (6:32) 12b. Nomination of Daniel Bevarly, as an at large member, for reappointment to the Citizens Police Review Board, term effective through December 3, 2020 (Mayor Henderson) 13. Discuss City Council Liaison to Advisory Boards (Councilman Streets) (See video @ 6:32 p.m.) City Manager and Interim City Clerk to poll Mayor and City Council to see who would be the liaison to each board. (See video @ (6:40) 14. Report on 31 advisory board vacancies A motion was not made. (See video @ 6:41 p.m.) Page 9 of 14
PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 15. Ordinance No. 3817 amending the Administrative Code, Chapter 82 Taxation, Article IV Local Business Tax, Division 1 Generally, by Creating a New Section 82-136 Moratorium on New Used Car Sales Lot Businesses or Expansion of Existing Used Car Sales Lot Businesses to establish a moratorium on issuance of business tax receipts or land development approvals of development orders or development permits for new used car sales lot businesses or expansion of existing used car sales lot businesses within the city for a maximum period of one (1) year 16. Ordinance No. 3819 amending the City Code, Chapter 34: Emergency Services, by deleting, in its entirety, Article II and creating a new Article II: Alarm Systems, providing for purpose, definitions, administration, duties of alarm users and installation and monitoring companies, and associated fines and fees 17. Ordinance No. 3820 rezoning 0.41 acres, more or less, parcel located at 1960 Maravilla Avenue from Residential Multi- Family (RM-16) to Commercial Intensive (CI) (Ward 4) Ordinance No. 3817 denied. (See video @ 6:41 p.m.) Ordinance No. 3819 adopted. (See video @ 6:46 p.m.) Ordinance No. 3820 adopted. (See video @ 6:51 p.m.) Page 10 of 14
PUBLIC HEARINGS Continued 18. Ordinance No. 3821 amending the City Code, Chapter 40 Fire Prevention and Protection, Article I. In General, Section 40-2 Florida Fire Prevention Code; Section 40-3 Fire Prevention Standards; 40-4 Fee schedule for fire department permits; fire prevention bureau applicable for new construction, remodeling or alterations; Section 40-5 Fire Hydrants; Section 40-7 Private Fire Mains; Section 40-9 Standpipes; Section 40-13 Backup Power Supply 18a. United States Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG) 2nd Program Year Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2016-2017 19. Donation Agreement, with Wells Fargo NA, for accepting of donation of Lot 1 Block 2, Stareco Subdivision, more commonly known as 3319 C Street, for the expansion of the Fort Myers Cemetery Pursuant to City Code, Section 2-39 (Ward 2) Ordinance No. 3821 adopted. (See video @ 6:57 p.m.) (See video @ 7:00 p.m.) Denied. (See video @ 7:00 p.m.) PERMISSION TO ADVERTISE 20. Permission to advertise an ordinance for a public hearing amending the Lee Boulevard Commerce Park Planned Unit Development to extend the time frames to commence and complete construction (Quasi-Judicial) (Ward 6) Grant permission to advertise Ordinance No. 3822 for a public hearing. (See video @ 7:03 p.m.) Page 11 of 14
PERMISSION TO ADVERTISE Continued 20a. Permission to advertise an ordinance for the first public hearing amending Chapter 118, Article 3 of the City Code; prohibiting medical marijuana treatment center dispensing facilities within the boundaries of the City as authorized by Section 381.986(11)(b)(1), Florida Statutes; providing legislative findings; providing for codification; providing a sunset provision; providing for severability; and providing for an effective date 21. Direct Clerk to advertise an ordinance for a public hearing to amend Option C of the Planned Unit Development known as New Hope located south of Colonial Boulevard and east of Plantation Road, as requested by D. Wayne Arnold, Q. Grady Minor & Associates, agent for owner (Quasi-Judicial) (Ward 5) 22. Grant permission to advertise for a public hearing to be held on January 2, 2018, for the purchase of Parcel No. 02-45-24-P3-320FM.0000, 1.28 acres more or less, in the amount of $56,470, in the form of park impact fee credits, from 2534 Santa Barbara, LLC, owner, to be used as an addition to Fleishman Park pursuant to City Code 2-39 (Ward 5) Grant permission to advertise Ordinance No. 3823 for a public hearing. (See video @ 7:05 p.m.) Grant permission to advertise Ordinance No. 3824 for a public hearing. (See video @ 7:09 p.m.) Grant permission to advertise for a public hearing to be held on January 2, 2018. (See video @ 7:11 p.m.) Page 12 of 14
PERMISSION TO ADVERTISE - Continued 23. Grant permission to advertise for a public hearing to be held on January 16, 2018, for Notice of Disposition of Real Estate for 3333 South Street, 1901 Pauldo Street, 3961 Lora Street, and 3829 Pearl Street, located in the East Fort Myers and Dunbar-Michigan Community Redevelopment Areas to Rapid Building Systems International Co., pursuant to Section 163.380 (Wards 1 & 2) Grant permission to advertise for a public hearing to be held on January 16, 2018. (See video @ 7:12 p.m.) CITY MANAGER S ITEMS - Continued 23a. Resolution extending the temporary waiver of building and inspection permit fees related to Hurricane Irma damages until January 2, 2018 23b. Resolution adopting a schedule of fees and special service charge for public record requests Resolution No. 2017-42 adopted. (See video @ 7:13 p.m.) Resolution No. 2017-43 adopted. (See video @ 7:18 p.m.) CITY ATTORNEY S ITEMS 23h. Budget amendment, in the not to exceed amount of $150,000.00, and authorize the City Attorney s Office to retain outside counsel, Holland and Knight, LLP for litigation related to 3348 South Street (See video @ (7:20 p.m.) Page 13 of 14
PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers 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.) Anthony Thomas, Jr., resident, spoke on Resolution No. 2017-37. (See video @ (7:47 p.m.) Henry Jackson, resident, spoke on Freeh Report. (See video @ (7:51 p.m.) Ann Pierce, resident, spoke on McGregor Boulevard and the public input process. (See video @ (7:54 p.m.) Adjourned: 7:58 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) 321-7035 or for the hearing impaired, TDD telephone number (239) 332-2541. Page 14 of 14