[Music] hello so what do you get over here welcome to the regular meeting of the cape coral city council today is march 16 2022 this meeting now comes to order please stand for the invocation and pledge allegiance by with uh council member hayden there's a popular christian song entitled weary traveler lord knows we're all wary from time to time but somehow some way we find hope in faith lord we know those in ukraine are very wary and heartbroken as war devastates our country hope probably seems distant for them but we know somehow faith shines through lord bless this community and country as we pray for those seeking peace please join me in the pledge of allegiance i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with the liberty madam city clerk please call the roll mayor gunter here council members constant yeah hayden here long here nelson here shepard here tate here welsh here ate present thank you item five is the agenda are there any changes to the agenda or do we have a motion to adopt the agenda second any further discussion council member i'm sorry madam city clerk please call the roll hayden aye long aye nelson hi shepard tate welsh i'm costin i gunter hi eight eyes motion carried item seven is approval of the minutes from the regular meeting of march 2nd 2022 do we have a motion to summon any discussion all in favor say aye aye any opposed motion carries item eight is citizen's input time maximum 60 minutes is set for the input of citizens on matters concerning city government three minutes per individual please remember to state your name anyone wishing to participate in citizens input we will be utilizing the podium to my left in front of the double doors good afternoon my name is bob widener and i'm here to discuss the sale by the governing body to the commercial vendor dealing with the seven island project my quest here today is to try to prevail upon the governing body to not sell all the islands at one time or together we have very limited fishing as far as that is concerned for sure people like myself if you have a boat you're in a much better category but i'm going to suggest the city hold back some portion of that land to be used for the sa for the use of the land fishermen and i prevail upon the committee to look into that agenda please thank you very much sir thank you sir [Music] school board ran out of that stuff shame on there never can be too careful because omnicon's still out there all right good afternoon mayor city council lunavara cape coral resident 40 years retired teacher 38 years lee school district i'd like to talk to you about the tax increase here cape city of cape coral can we put that up please eliminates public service tax you guys you must not be serious about wanting to be re-elected there are people here that can't afford 225 well lee county co-op computed it's all like five to six dollars a month for me 550 kilowatts the lcec advisor said you probably keep your lights off all the time now there's poor elderly here there's young people here but you don't care i am tired of you raising our taxes taxation without representation could you please put up the other photograph please i'm a veteran i'm making the collage now that's the kind of people you are hurting aside from the elderly aside from the young people here but to just keep rolling on there's an energy crisis ask mr putin to quit next let's see what else we wanted to say here um you should have followed up like i tried to help you with the charter schools you're raising this for the charter schools go to the meetings and tell the charter school reps mr mayor ex-mayor joe mazurka which is on the committee you all snubbed me you didn't even let me come with you that night and i go to the meetings the other thing i want to do is quickly talk where's my time i get one minute sir all right well i want to know my time all right i want to follow up on this proposal from the cow meeting of a second city attorney i am not in favor of that and you're gonna cost us more taxpayer dollars the current city attorney me and my rep spent an hour with her and she said see the mayor and bring your bills then mr councilman who was at the meeting decided we need a second attorney no we don't she needs to either be bought out it's golden chains like the va and i deal with them golden chains if the lady's tired we buy her out we don't create another position to cost more money you don't have twenty thousand dollars for me and you spent 54 with those crooks but yet you got money to buy people out and you raise the tax go back i'll meet you on march 23rd at the meeting i will meet you you come joe mczerkowicz should be there thank you thank you anyone else please come forward good afternoon mayor council people just met my councilwoman jessica cosden i'm glad to be here simple i was here last august with a simple request that we kind of try to take a look at the trees being cut down understand the people on the property we just had a situation where the trees didn't there was three very mature trees didn't need to be cut down and they were clear-cut because it's easier faster and cheaper and now i walk the street and it's 10 degrees hotter and yes is it getting hotter i've never had gardenias bloom in february before i don't know if anybody has gardenias so but just i would i made a video just to bring some attention and i didn't get it in fast enough but take a look it's under save our tree.com i've got before and after pictures it doesn't have to be stop for the builders it just has to be a friendly between the two these p these houses aren't even sold so they don't even know if the people that own them even want the trees or the ground cover so i'm in the northeast cape by the gator circle area and i moved in in 2011 we are considered rural and well guess what we're not rural anymore so it's a beautiful place to live and we all moved here because it's beautiful with the trees and the beaches we're so fortunate but go to saveourtree.com take a look i'm just trying to get a temporary step back please to just look at the properties involved and this one situation a guy pulled up with a pickup truck we knew that they were going to build there you could tell and behind him was his low boy and it was a front-end loader came out and within 10 minutes cut down three trees like they were nothing and i was homesick with kovid and i started to cry it's just it doesn't make any sense it doesn't cost a trillion dollars to plant a tree or to not cut one down thank you very much thank you ma'am hello i am up here in regards to i own a property state your name sir felix kylie thank you sir and i'm up here i own a property at 46 lot 46 47 block 1501 it was residential switched it to commercial and now i like the commercial but now you guys are talking to switch it back to residential um i'm just calling or asking if that could be reconsidered that's it thank you thank you anyone else wishing to speak during citizens input please come forward saying none citizens input is now closed is there any council discussion on citizen's input okay seeing none we will move on to item 9a which is a consent agenda i'm sorry councilmember kazden i just saw your light go thank you i just want to say to the gentleman who just got up and spoke that if if that's one of the hearings tonight we'll be talking about that at the point in the agenda so we're not ignoring you we'll just be getting there in just a few items no no no thank you that's okay thank you for pointing that out councilmember carson uh we'll move on to the consent agenda 9a i'll now open up the consent agenda for council to pull any items for discussion or is there a motion to listen to approve the consent agenda second okay seeing none madam city clerk please call the roll okay thank you item 9b is appointments to boards b1 is approved the sun setting of the districting commission and i'll turn this over to madam city club yes your honor thank you the districting commission was appointed to review the boundaries and the property the amount of residents in in the boundaries that were existing and they presented their findings then on march 2nd you approved ordinance 19 20 19-22 to redistrict so they i i believe their assignment is complete and was wondering if council would consider a vote to sunset them which is just another term for the public to to finalize their their job thank you so that we would need a motion to approve sunsetting the charter review commission second oh we're doing the districting commission first sorry okay so we have a motion to sunset the district commission in a second is there any discussion on that topic see a nun madam city clerk please call the roll hayden hi long hi nelson aye sheppard hi tate aye welsh hi kazdan aye aye eight eyes motion carried okay item 92 is approving the sun setting of the charter review commission madam city clerk yes uh similar to the districting commission the charter review commission was filled to complete an assignment to determine after a review of the charter any items that council would like to have they they gave recommendations for referendum items you have two ordinances and being introduced today to finalize their role and i present to you if if you desire to sunset the charter review commission because i believe they have completed their assignment as well thank you is there a motion to approve sunsetting the charter review commission second any discussion stand none madam city clerk please call the world hayden hi long hi nelson hi sheppard tate aye welch aye costan aye center aye ay dies motion carried okay item nine c is unfinished business uh follow up for items for council i don't see anything listed here any council members have any follow-up items okay seeing none the next item d is new business we don't have anything listed there e is personnel actions we have no agenda items listed there either petitions to councils we do not have any listed so we'll move on to item 9g follow-up items for city management 9g1 is water quality mr city manager yes mr mayor members of city council it's time for your regular update on water quality issues within the city and i'll have mr mike ilchizen begin his presentation good afternoon mayor and council mike hilton and i'm public works director i will uh let maya discuss the lowsome process and any blue-green sightings and then i'll give you an update on the bubble curtain good evening mayor and council maya robert environmental resource manager public works um the stage of lake okeechobee is receding and we are in a pretty good shape right now we would like it to lower a little bit we're still receiving about 2000 cfs out of s79 which is good we will uh we're still receiving beneficial dry season flow we might start considering the ecosystem and fish reproduction and other important fishery species in the next months to start to reduce releases there is no brightening blue-green algae blooms on the lake or along the caloosahatchee so far on march 7th there was a stakeholder meeting for the lawson process to introduce and start the discussion regarding the draft operational guidance document for larson and a few days later the south florida water management governing board exceptionally exceptionally met on sanibel island um they tour several sites including our c-43 reservoir which is a very important project for our water quality during that governing board meeting it was discussed that the c-43 reservoir is late on schedule i believe at the time it was 270 days uh they're trying to catch up but that means that in the interim between when lost some is going to be uh operational and when the c-43 reservoir is going to be put online we're going to have to account for those dry season releases that will be needed to be sustained by more like release during the dry season um so that's something that we will be uh incorporating into our comments to the army corps at the next stakeholders meeting which is next and monday addition we will also present recommendations for a high very high flow during the summer over 6500 cfs to help the core better restrain those high flows and with that if you have any questions let me know thank you any questions thank you good evening mayor and council uh last time i was here on the uh gave you an update on the bubble curtains letting you know that the national marine fisheries uh had a couple last minute little things they wanted to address in the um the letter of concurrence for our bubble curtains one of them was the use of a boat and um we responded to to the army corps and said you know it's not in the best interest of our diver to have to swim to land carry this this diffuser plate and swim out you know if we had to do that the amount of time it would take to deploy all these would be exorbitant and we really really would like them to allow us to utilize a small boat we received the word back a few days after our response to them and indicating that we would like to use a boat and they have accepted that they're writing language into the letter of concurrence that would require us to utilize a small boat and to deploy a manatee strike prevention measures uh while utilizing a boat generally what that means is the operator the boat or a spotter needs to be on the boat with uh polarized glasses to be able to see in the water just to make sure we're not going to injure any any type of a species we have received all nine bubble curtains so we have the equipment on hand ready to go we've continued with the upland electrical work at this point the last piece we have to do upland uh is basically to drill directional drill from the cabinets uh to the seawall the core drill our project manager is working with the contractor now to do that and at that point we will have basically completed everything that we can to be you know basically ready to do the in-water work at the time of release of the permit so the project is advancing ahead of them doing we're doing what we can and the core and national marine fisheries did agree to our request to utilize a boat so that we could deploy these things efficiently when we're allowed thank you any questions thank you mr ocheson for the update thank you okay next item on the agenda item 10 ordinances and resolution 10a resolution 42-22 madam city clerk please read the title resolution 42-22 a resolution providing for the vacation of platt for a portion of the bay point canal right-of-way and all underlying easements located adjacent to lots 5 and 6 block 158 cape coral unit 14 part 2 providing for the vacation of platt for public utility and drainage easements associated with lots 5 and 6 block 158 cape coral unit 14 part 2 property located at 53 5314 bayview court providing an effective date this is a quasi-judicial hearing anyone wishing to speak or provide testimony must be sworn in please raise your right hand do you soundly swear or affirm to tell the whole truth and nothing but the truth i do thank you okay i'll turn it over to staff good evening justin heller senior planner with the cape coral planning division so this is a vacation of platte case this is a you've seen this before it's a standard vacation along the canal involving a strip of right-of-way between the property line and the sea wall this property is at 5314 bay view court specifically they're requesting to vacate 323 square feet of canal right of way and all underlying easements along with 275 square feet of platted easements associated with that property here we have ariel of the property the zoning map on the right here it's a single family r1 zoning as are all surrounding properties some background on the site the site's about 10 thousand square feet improved with a single family home with a pool dock boat lifts um there's about 80 feet of water frontage along bay point canal however there is a four foot wide strip of unexcavated canal between the sea wall and the property line and the owners want to vacate that right-of-way to extend their site to the edge of their sea wall uh here's the sketch showing the uh area to be vacated highlighted in blue and this is the easement that is going to be relocated we will be retaining a six foot perimeter easement to ensure a continuous perimeter easement around the site all right so we analyzed this under section 3.4.5 b um we find this vacation will not negatively affect the navigability or visibility of boaters using the canal um and this will only extend the property line to the edge of the seawall all three utility providers have provided letters of no objection regarding this vacation provided a continuous pue is maintained around the site the easements dedicated are not needed for any current or foreseeable use by the city and the owner has provided a sketch and legal description showing the easements that will be retained by the city for ensuring a continuous perimeter easement is around the site so cape corps planning staff is recommending approval with conditions and the hearing examiner is also recommending approval with the conditions outlined in resolution 42-22 and hearing was held on february 16th and i stand by for any questions you may have thank you i now open up public hearing if there's anyone wishing to speak on resolution 42-22 please come forward see a nun public hearing is now closed is there a motion to approve resolution any discussion see a nun madam city clerk please call the role hayden [Music] thank you madam city clerk i have a note here uh on ordinance 9-22 we cannot hear this until after 5 pm do you want to skip that one for now and go to ordinance 10-22 or what would you like to do certainly okay all right so we'll move on to ordinance 10-22 madam city clerk please read the title ordinance 10-22 an ordinance amending the city of cape coral official zoning district map of all property within the limits of the city of cape coral by rezoning property described as lots 1 through 24 and 31 through 34 block 3083 cape coral unit 62 and lots 1 through 22 block 4454 cape coral unit 63 from commercial to residential multi-family low zone property located at 1709 through 1823 and 1621 through 1627 southwest santa barbara place and 1013 through 1125 southwest 8th place rezoning property described as lots 1 through 8 and 12 through 20 block 3169 cape coral unit 66 and lots 1 through 26 block 4448 cape coral unit 63 from commercial to single family residential zone property located at 2621 through 2701 and 2711 through 2723 southwest 8th court and 1201 through 1317 southwest 8th place rezoning property described as lots 24 through 46 block 4560 cape coral unit 68 from commercial corridor to single family residential zone property located at 725 through 767 southwest 5th terrace providing severability and an effective date this is a quasi-judicial hearing anyone wishing to speak or provide testimony must be sworn in please raise your right hand do you solemnly swear or affirm to tell the whole truth and nothing but the truth i do thank you i'll turn it over to staff thank you mr mayor for the record and good evening mayor council for the record patrick cauldron white senior planner planning department this case is ordinance 1022 it's a za 2114 the case is a proposed rezoning of five groups of properties it's a city initiated and companion case to ordinance 5121 that was a future land use case that you remember from a few months back which changed a number of properties future land use classifications again part of this city-wide city-initiated rec effort to reclassify some of these properties this is the first of two cases we broke them into two parts because of their geography this set briefly to summarize we're changing about five acres from commercial to r1 a little over six acres from commercial to rml and a little under three acres from commercial corridor to r1 this is a map displaying those properties thank you kimberly for reading them all in i won't read them all again in their entirety but generally consists of properties on block 3083 in block 3169 and block four four four eight four four five four and four five six zero we're going to look a little closer at each one of these different areas and over the next few slides again as mentioned the purpose of this is to provide consistency between the zoning and the future land use classification that was recently amended in january when completed 55 parcels will become legal conforming 55 parcels will be consistent with their zoning and their future language classification 29 single-family residences and 16 duplexes will become legal conforming uses this will allow uh homes that were built on those properties to expand or rebuild if necessary should they be damaged from beyond 50 of their value so let's look at the first area this first area is on block uh 3083 it's from lots 1 to 24 and 31 to 34. the properties are on the back end of santa barbara on basically a road called santa barbara place the future land use following ordinance 51 21 which changed it to multi-family the zoning designation that's compatible with those is rml or residential multi-family low there's a 20-foot wide alley that was formerly vacated between these there are three vacant lots which are but santa barbara place which aren't being proposed to be re-zoned and weren't proposed to have their future land use changed they uh had been assembled into a development that's basically acquiring full block depth of these properties only one's vacant the construction on the adjacent commercial lot will require a 10 or a 15 foot wide landscaping buffer that's pretty much the gist on that area rezone area 2 had its future land use changed to single family residential and accordingly we were recommending arizona into single family the area consists of eight parcels they're improved with single family dwellings the properties were commercial since about 2011. we did note that the owner of the parcel that's in the middle of this collection uh has ownership with several blocks on the southwest eighth place and we're not recommending to change that property is zoning our future land use because of the potential for full block depth development there similar to the last area should any commercial lots develop or seek to develop because they'll butt a residential future land use or excuse me a residential zoning they would require a an enhanced buffer rezone area three is another string of lots that was changed that the future land use change to single family residential we're on block 4448 now on the back end of skyline this block the city is proposing to rezone to single family residential it's a little it's about three acres seven of these 13 parcels have single family homes on them excuse me on them the properties have been zoned since commercials since 2011 with only one potential assemblage to the northernmost property there's a platted alley which exists which limits full block development the construction on those adjacent parcels that are on skyline would require a 10 or 20 foot wide landscaping buffer rezone area four is on block four four five four it's lots one through twenty two this is again on the back end of skyline boulevard the properties had their future land use changed to multi-family via ordnance 5121 and we are proposing with this to rezone them to rml or residential multi-family low all nine of these parcels are developed four of them have single family homes and five have duplexes similar to the last case there's a plotted alley between them limiting full block depth there's no property assembly that's evident and should the properties on the east side on skyline develop they would also require that enhanced buffer rezone area 5 is proposing to rezone a few lots from lots 24 to 46 from commercial corridor to residential single family eight of those 11 properties have single family dwellings on them the properties were rezoned to commercial corridor in 2004 no efforts have occurred to assemble any of these the construction on those commercial corridor lots immediately to the north would require a 10 or 20 foot wide landscaping buffer in summary the purpose of this rezoning is to provide consistency between the zoning map and the future land use map cumulatively a net decrease of required city services is anticipated as we're in all of these instances reducing the land use intensity from a commercial to a basically a residential zoning designation of either r1 or single family the each of these comply with the zoning review criteria from ldc 3.4.6 that's further detailed in your staff report and we found that can these rezonings consistent with policies 1.15 1.7 8.1 and 8.5 of the future land use division so the planning division is recommending approval the hearing examiner heard this case on august 17th last year and recommended granting the request prior to the hearing examiner's hearing we received an email inquiry one phone and one call and support prior to counsel i received two emails which you received in your citizens input pack and i can if by chance you didn't i have them in paper should you like to see them i also received one phone call inquiry and one call and support i'd be glad to answer any questions you might have and we'll stand by thank you now open up public hearing if there's anyone wishing to speak on ordinance 10-22 please come forward cnn public hearing is now closed is there a motion to approve ordinance 10-22 second is there any discussion from council see a nun madam city court please call the roll hayden aye long hi nelson aye shepard aye tate hi welch hi austin aye gunter aye dies motion carried okay since we're past uh 5 pm we'll go back to ordinance 9-22 madam city clerk please read the title ordinance 9-22 an ordinance amending the city of cape coral official zoning district map of all property within the limits of the city of cape coral by rezoning property described as lots 47-52 block 1322 cape coral unit 18 from professional office to residential multi-family low zone property located at 218 through 224 southeast 16th place rezoning property described as lots 15 through 27 block 1458 cape coral unit 16 from commercial to residential multi-family low zone property located at 203 through 223 southeast 15th place rezoning property described is lots 42-61 block 1501 cape coral unit 47 part 1 lots 3 through 10 block 20 30 cape coral unit 31 part 2 lots 1 through 32 block 3570 cape coral unit 47 part 1 lots 19 through 21 block 3571 cape coral unit 47 part 4 lots 1 through 18 22 through 34 and 37 through 45 block 3571 cape coral unit 47 part 1 and lots 1 through 8 and 21 through 26 block 3575 cape coral unit 47 part 1 from commercial corridor to single family residential zone property located at 1502 through 1538 northeast 4th terrace 1005 through 1017 northeast 15th place 402 through 526 northeast 15th place 607 through 655 northeast 15th court 1520 through 1532 northeast fourth lane and 1519 through 1527 northeast 4th terrace providing several ability at an effective date the second and final public hearing will be april 6 2022. thank you this is a quasi-judicial hearing anyone wishing to speak or provide testimony when ordinance 9-22 must be sworn in please raise your right hand you can stand up right there sir do you solemnly swear or affirm to tell the whole truth and nothing but the truth i do thank you thank you i'll turn it over to staff thank you mr mayor and good evening again for the record patrick white planning department this case is ordinance 922 it is va za219 thank you kimberly for the introduction like the last case this is a city-initiated proposed rezoning but this is seven groups instead of five it's a companion to ordinance 51-21 in summary city staff is proposing to change .75 acres from professional to rml or multi-family residential 1.6 acres from commercial to rml and 15 acres from commercial corridor to r1 or single family this is a map of the proposed rezonings there are seven of them block missed thank you kimberly had read in all of these i won't read every one of them because we'll go into detail of them on the next couple slides you will note though they cluster around pine island road in del prado so the rezones are part of the city's calibration efforts for properties where the land use and zoning were not consistent or where the zoning was contrary to the established development pattern ord 51 was approved excuse me 5121 was approved in january if approved 63 parcels will have consistent zoning in future land use those parcels contain 59 single family homes and 34 multi-family units aside from allowing new residential development this consistency will allow owners to expand or if necessary rebuild existing residential buildings the first rezone area we'll look at is 0.74 acres it's on block 1322 it is a set of two five plex buildings the uh i've assumed there's an aerial image on the left the map on the right depicts the greater future land use change that happened in 5121 which changed these properties to have a multi-family residential future land use designation staff is recommended to rezone them to multifamily low or rml again as i mentioned it's a two set of it's two five plexes the existing multi-family provides a good transition between the single family to the east and the strip centers to the west these two five plexes were rezoned to p1 in 2006 by a privately initiated request but no efforts to convert the units to offices has occurred the should these properties be um should any of the properties to the west north south which are commercial right now be redeveloped because of this rml rezoning they would have a enhanced buffer requirement rezone 2 is solely for the eager condominium building that's located on block 1458 lots 15 to 27 it's a proposed rezone to rml the future land use was previously changed to multi-family this follows up that effort it's about 1.6 acres it's four multi-family buildings a clubhouse and a swimming pool the rezoning would provide consistency between the land use and the zoning and should the professional properties to the south or the commercial properties to the east or north redevelop then a enhanced buffer requirement would come into play because of this zoning change rezoning 3 is block 1501 i believe mr felix has a lot on that block um this is we're proposing to rezone lots 42 to 61 from commercial corridor to single family residential we've already changed the future land used a single-family residential this is the follow-up rezoning the total area is about 2.3 acres they all of these properties contain single family homes the future land use change to commercial corridor happened back in 2002 and then the rezoning to corridor in 2004 no one's really tried to assemble any property in this area the if approved the this would make these single-family homes conform in uses allowing the owners to expand them or rip rebuild them should they be damaged beyond 50 of their value staff will note that uh should any of these commercial corridor lots which are adjacent to this rezoning redevelop then a 10 or 20 foot wide landscaping buffer would be required rezone 4 is a little north of there it's on block 2030 it is four lots three of them are improved with single-family home and we have the support of the vacant lot owner he can't wait to put in a building permit this is .92 acres the has no direct access to del prado there's no full block depth the adjacent lots are owned by the city of cape coral and part of the del prado linear park or storm water retention resound area 5 is a curved string of lots it's on block 3570 lots 132. it is west of del prado boulevard and a little south of pine island road the future land use amendment from ordinance 51 excuse me 2151 changed these to single-family residential this follow-through would rezone 3.93 acres from commercial corridor to single-family residential similar to some of the other rezones we're proposing here there's there's been no effort to assemble any of these properties they've been this way since 2002 and 2004. should any of the properties that are abutting to the north south basically the north or the south redevelop then because of this resulting a 20 or 10 foot wide landscaping buffer would be triggered rezoning 6 is a string of lots along northeast 15th court it's on block 3571 lots 1 to 34 and lots 37 to 45. it's about 7 acres the future land use has been changed to single family residential and the rezoning proposed is a single family all of these lots are improved except for one vacant lot remaining the properties like the others were rezoned to commercial corridor in 2002 and excuse me 2004 no effort to assemble them is evident the southeastern parcel on this block has frontage on del prado it's an existing office building it is not part of this amendment the construction on adjacent commercial quarter lots would again require a 10 or 20 foot wide landscaping buffer area 7 is on block 3575 it slots 1 through eight and twenty one to twenty six the future land use change uh that was approved on fifty one twenty one change these to single family following through with that we're recommending to rezone them to single-family residential like these other areas there's been no effort to assemble them at least on this side of the block which is why we're repo leaving the other half of the block out the parcels are all developed with single-family homes and just like the others would require enhanced buffer should uh commercial development be proposed on anything that butts these so in summary if approved 63 parcels will have consistent zoning and future land use 59 single-family homes and 34 multi-family units become legal conforming uses like the last case we're looking at a net decrease of city services due to a reduction in land use intensity resulting from these rezonings staff found this complied with all of your zoning criteria from ldc 3.4.6 and we found it consistent with comprehensive plan policies 1.15 1.7 8.1 and 8.5 of the future land use element staff is recommended approval the hearing examiner heard this august 17th 2021 and also recommended approval prior to hex we received one emailed inquiry two personal inquiries three phone inquiries three calls in support one call to oppose the rezoning at block 3571 and one call to oppose the rezoning of block 3570 and prior to this council meeting i received one phone inquiry one call in support and one call to oppose the rezone at block 1501 who was in the audience tonight prior to the beginning of the public hearing i spoke with joe trenchita and martha hill who reside in the multi-family uh building that is in rezone area two they support the rezoning that the city is proposing but we're not able to stay for this meeting at this time i have no further slides i'll stand by for your questions thank you this is a quasi-judicial hearing i'm sorry we've already my next one is i'll now open up public hearing i'm sorry if there's anyone wishing to speak when ordinance 9-22 which would be you sir please come forward at this time please remember to state your name as well yes my name is felix kylie and thank you guys very much um nowhere prepared is where i should be i guess i've seen these guys with all kinds of stuff but kind of dumb it down for you again i've owned the property for about four years now started residential switched to commercial and now it's trying to go back to residential the house is four houses off of del prado the first house is a property management house behind me is a big vacant lot that has a doctor's office right behind that is burton softball field um again i would like to turn it to an assisted living facility i know i can't do that being residential as well but i would just like to get a couple more rooms in there and i'm just requesting for you guys not to turn it back to residential keep it commercial thank you thank you is there anyone else wishing to speak on ordinance 9-22 please come forward okay the final public hearing uh will be held on october 6 2022 there's no need tonight for any approval because we'll have a second do i need to close public hearing um you closed the public hearing but i just want to verify it's april 6 2022. yes april 6 2022 is the final public hearing thank you okay any discussion at this time from council and thank you sir appreciate you coming up uh there will be another uh final public hearing uh on this ordinance on april 6 2022. thank you thank you so we'll move on to ordinance 20-22 madam city clerk please read the title ordinance 20-22 an ordinance amending the city of cape coral official zoning district map of all property within the limits of the city of cape coral by rezoning property described as lots 50 through 60 block 3237 cape coral unit 66 from residential multifamily low to residential multi-family medium zone property is located at 3622 skyline boulevard providing several ability and an effective date this is a quasi-judicial hearing anyone wishing to speak or provide testimony must be sworn in please raise your right hand do you solemnly swear or affirm to tell the whole truth and nothing but the truth i do thank you turn it over mr stroovey good evening mayor council members for the record mike struve planning team coordinator with the city planning division my credentials are available through the city clerk's office this case unlike the two previous cases is a privately initiated rezoning request there's one owner involved the property is owned in the trust and that owner is requesting to rezone 1.3 acres from the residential multi-family low zoning district to the residential multi-family medium zoning district this particular property is located at 3622 skyline boulevard which is located in south central cape coral there's an aerial map on this slide with the subject site outlined in red this particular property is vacant surrounding properties include a number of vacant sites particularly to the west of this site as well as a mixture of residential uses that include single-family homes particularly to the west duplexes and several smaller multi-family developments there is one commercial property located directly south of the subject site that supports a gas station again the rezone area is 1.3 acres this site has frontage on two streets including skyline boulevard and here we have a future land use map current zoning and proposed zoning the future land use of the subject site as well as the entire subject block which you can't see the northern portion of but the future land use of the entire block is multi-family the current zoning of the site as well as the entire subject block is rml and the proposed zoning shown on the right hand side of your screen would be to rezone the site from the rml zoning district to the rmm zoning district staff has analyzed this request consistent with section 3.4.6 of the land development code and i've summarized our analysis here on this slide i've already gone over the uses that are in the area which largely consist of vacant properties and a mix of residential uses the existing rml district allows for a variety of residential uses it allows for multi-family uses for duplex uses and single family uses the proposed rmm district on the other hand we often refer to as a true multi-family district and it only allows multi-family uses it does not allow single family uses or duplexes the rmm district does allow for greater density a maximum of 25 dwelling units per acre compared to the current zoning under the rml district that allows a maximum of 16 dwelling units per acre in addition the rmm district allows for greater height a maximum height of 60 feet compared to a maximum height limit of 50 feet in the current rml zoning district we've looked at this area and looked at several site-specific factors which include the area of the subject site which does meet our minimum area requirement for a rezone to the rmm district street frontage separating separation from existing single-family uses and staff believes that this rezone to the rmm district should promote compatibility with existing nearby uses as well as existing future uses in the area the site does have centralized utilities one thing that the site does not have that we generally like to see in this case is the site does lack full block depth and full block depth allow for greater opportunities in terms of designing a site from a flexibility standpoint one mitigating factor in this case besides the frontage on two streets is that the site does back up to an alley on the west side so that does allow for additional opportunities for access and potentially for improved track traffic circulation within the site depending on the design of the project staff is recommending approval of this rezoning request the hearing examiner has reviewed this case and the hearing examiner following a public hearing on this matter on january 4th recommended approval there were no speakers at that particular public hearing we have received one phone call on this case and that was just from an individual requesting more information about this project and i'll stand by in case you have questions for me later thank you sarah now open public hearing is there anyone wishing to speak on ordinance 20-22 please come forward see a nun public hearing is now closed is there a motion to approve ordinance 20-22 second any council discussion see a nun madam city clerk please call the roll hi long hi nelson hi shepard guy tate [Music] okay move on to ordinance 23-22 madam city clerk please read the title ordinance 23-22 an ordinance ordinance of the city of cape coral florida amending ordinance 87-0 as amended which established the city of cape coral investment policy for surplus funds by adopting an amended city of cape coral investment policy a copy of the amended policy is attached here to and incorporated herein providing severability and an effective date i now open up public hearing is there anyone wishing to speak i'm sorry i'll turn it over to staff mr uh mr mason sorry for that i was ready to be public for a minute there thank you very much mayor uh so part of our uh goals with uh some of the policies that we have is that we review them annually and one of those is our investment policy okay you know kind of keep up to date with what's going on in the investment world and i wish i could be a little more nimble in how we could do that but the uh you know with the way the the way investments are occurring today you know the the volatility is incredible so what uh our annual uh this isn't up hopefully they'll get the presentation up there it is okay so we look at this annually uh the overall scope uh and the in the policy itself is established pursuant to statute uh which gives us the uh the option of either following the florida statute for investments which is very limited in what you can do as uh all the alternative is to develop your own and have the opportunity to invest a little broader uh scope of type of investments uh so we look at this annually we come before you you adopt the very the investment policy by ordinance for any changes that we have and uh the investment committee met with our external advisor went through these changes and approved the changes that are before you today on january 28th of this year so to begin with we start with the uh i'm going to go through each one of these you know fairly quickly so if you have any questions on any one of them just let me know so in authorized investment institutions and dealers one of the changes that we've made is we've added a definition for allowing us to also use issuers of other authorized investment types at the same time we've caught qualified the fact that we can also use non-primary dealers along with primary dealers at the same time we've added some additional language that would allow us to that basically says that the finance director when he's doing any transactions or executing any transactions they must be done with a broker that is also a qualified public depository in the state of florida for recommended updates let's say we also have maturity and liquidity requirements what we've done in this case is that we've added over the course of the past six months we've added an additional portfolio to our investments and that's a three to five year portfolio and it's added to we also have a one to three year portfolio which is site very short term we also have a one to five year port portfolio that allows kind of a little middle of the road but at the same time we looked at the three to five and it really broadened our horizons a little bit so what we've done here is that we've changed our weighted average maturity from three years which would have been fine on the two types of investments that we had or portfolios but with the ad of a three to five year portfolio it has a bit of a longer term so when you take that and in the aggregate for all portfolios it needs to be a little bit longer than three years but it is certainly less than the statutory requirement of five years which we're limited to so we're we're looking at a weighted average of about three and a half years so one of the things that we're required to do as far as the investment policy is concerned is that is to have competitive selection for each one of our investments so our investment advisor is required to utilize competitive investments every time that he's out there uh you know either uh in in purchasing investments for our for for our portfolios we also run up against the cases where there might be only one in other words there's only one bidder there's only one uh qualified bidder that can sell that can sell a particular investment one of the ways we run up against this is when there's new issues generally when there's new issues there's only one person or one qualified primary dealer that's actually selling the security so we were limited to having three and so we're looking for a little flexibility here that if we need to and only use one that we have that that we've made the attempt to find more than one but there is only one for that authorized investments portfolio composition years ago the governmental accounting standards board basically changed most of our reporting requirements for investments from original cost or cost to market value so we're making this change within our investment policy network that we're identifying the percentage allocations to market value as opposed to uh just original cost what this means for us is that uh within the port within the uh the investment policy we have a number of different investment types that we can use we'll just take it as an example a mortgage-backed security so we can only we limit our ability to have mortgage-backed securities to a total amount of the portfolio and we were originally looking at original cost as identifying what that was as a percentage of the total portfolio but because we report everything else on market value it kind of you know you're looking at this original cost as a restriction but your market values may be adjusted to that so what we wanted to do is create some consistency across the board and looked at market value as a whole so what that would mean to us is that the market values of investments as an example let's just say mortgage-backed securities can only be 10 of the total portfolio but on any one day the market value of that portfolio might put it at 11 might put it at nine percent so we want to be able to have that flexibility in there to reflect the fact that we have uh you know on a market value basis of what that percentage is and if we need to decrease the number of investments in that particular area of investments we can do that we also added some language to allow for the fluctuation of that does and the percentages do and we're also limiting uh the to within our portfolio that 34 35 of the portfolio composition can be corporate notes but it can only be no more than 10 in any one industry so when you're looking at an industry basis we might be looking at the banking industry so we want to limit the amount of corporate notes you know to banking industries of 10 to the 35 percent of the total okay this way here we're diversifying we continue to diversify the portfolio but we want to limit the concentration in any one particular industry let's see in this particular one we're also clarifying the maturity limits we we had some scrivener errors in there where we might have had the maturity limit in one place is one number and a number and another no and and another in another area so we wanted to create and correct some of those scrivener errors in addition we're recommending that we update the intergovernmental investment pools to allow us to also invest in aaaf portfolios in a triple af portfolio versus a triple am triple am is a stable nab type portfolio where dollar end dollar out triple af is a variable rate portfolio within this vehicle we would also limit the amount that we can invest in it because it is a variable rate portfolio so all we're doing is providing you know the opportunity to take advantage of the marketplace but at the same time limit where how much we can actually put into these on the performance measure side we're adding uh an additional we're actually making changes because the merrill lynch portfolio name is no longer ice brought bought them out so we needed to make the change for the name changes and last but not least we're putting the investment committee back into the investment policy for whatever reason it was taken out of the investment policy and put in as an administrative regulation and i'm recommending that it be put back into the investment policy where i believe it belongs and that's it here for any questions thank you thank you mr mason i'll now open public hearing if there's anyone wishing to speak on ordinance 23-22 please come forward see a nun public hearing is now closed is there a motion to approve ordinance 23-22 any council discussion see a nun madam city clerk please call the roll hayden aye long hi nelson aye shepard tate aye welch aye constant aye center aye eight eyes motion carried okay we'll move on to item 10 b introductions we have ordinance 24-22 madam city clerk please read the title set the public hearing date ordinance 24-22 an ordinance amending the city of cape coral code of ordinances chapter 2 administration article 7 purchase and sale of real and personal property division 1 purchasing of goods and services section 2-144 procurement procedures and section 2-150 appeals and remedies to modify the selection advisory committee process providing severability and an effective date the public hearing will be april 6 2022 is there any discussion by staff for council seeing none move on to ordinance 27-22 madam city clerk please read the title set to public hearing date ordinance 27-22 an ordinance providing for a referendum to consider the adoption of amendments to section 4.11 vacancies forfeiture of office filling of vacancies of the city of cape coral charter concerning the filling of vacancies of the mayor and city council members providing for publication of a notice of the referendum election providing for severability and an effective date the public hearing will be april 6 2022 any council or staff discussion seeing none we'll move on to ordinance 28-22 madam city clerk please read the title set the public hearing date ordinance 28-22 an ordinance providing for a referendum to consider the adoption of amendments to section 4.21 authentication and recording codification printing of the city of cape coral charter concerning records maintained by city clerk in their accessibility providing for publication of a notice of the referendum election providing for severability and an effective date the public hearing will be april 6 2022 any discussion by staff or council okay seeing none we'll move on to ordinance 29-22 madam city clerk please read the title set the public hearing ordinance 29-22 an ordinance authorizing the issuance of not to exceed two million five hundred thousand dollars in aggregate principal amount of obligations in the form of a line of credit or master lease purchase structure for the principal purpose of financing the acquisition of vehicles including school buses for the city's charter schools providing for a covenant to budget and appropriate legally available non-ad valorem revenues to make payments with respect to such indebtedness and providing severability and an effective date the public hearing will be april sixth two thousand twenty two any discussion by staff for council okay seeing none we'll move on to item eleven reports council member hayden report yeah i just um attended the special pops guardian angels fashion show on saturday it's really become a must attend event for me just watching the special pop participants the looks on their faces how proud they are to be wearing the clothes that you know that they are and watching them smile and dance and you know it's just a it's just a highlight event for me and then another special thing they did this year was um they painted seashells with different images on them and it was real touching and poignant to see that so congratulations to everyone that put that event together and especially the special pops participants thanks mayor council member long report uh yeah maybe briefly i just wanted to take a minute to recognize and congratulate the lee county 2022 golden apple recipients especially our very own here in cape coral stephanie osterhaus with skyline elementary she teaches first grade there it's my understanding that her husband teaches there her daughter attends and her father taught there as well so a family that's pretty deeply entrenched in the community and i just wanted to recognize her congratulate her and thank her for all she does for the kids here thanks thank you councilmember nelson report thank you mayor just a few things participated in the gay pride parade with our mayor and and councilmember cosden and councilmember hayden and it was a great event and proud to celebrate diversity in our beautiful city and the city manager he was there too i also attended the soup kitchen event which has benefits community cooperative and they have giveaways here even in the city of cape coral they touch all of lee county where they do a food mobile food bank and we saw that a lot during the pandemic it was a great event i also attended these uh crow gala which is the center for the rehabilitation of wildlife 33 percent of their wildlife come here from cape coral so i was happy to be there to show our support to that organization i just flew back today a little before two o'clock from washington d.c i attended the national league of cities conference it was great conference participated in several seminars about economic development as well as affordable housing and some homelessness small homelessness discussions so that was very beneficial i think uh to us um i spent yesterday actually then the first night on monday night senator rick scott attended our florida delegation reception at the national league of cities i was able to speak with him for about five minutes got some information on the infrastructure bill that they've been talking about when the funds will be available for our municipalities to be able to apply so i was i was very honored to have that conversation yesterday i spent most of the day on the hill visiting with senator rubio's staff who were very sad i wasn't council member tate um and yeah their face was really disappointed and but but i did good i did good i had my talking points that you had given me and they wanted me to remind you and all of us here in southwest florida especially that they did make an amendment to the bill the original bill for flood insurance to instead of having an 18 percent increase 7 percent so they wanted me to make sure i communicated that in addition to that i met with congressman donald's office and they will actually be submitting earmarks so our lobbyist amanda wood from becker is going to put together some earmarks work with maureen here on staff and get the earmarks in the budget so what that means is that it kind of gives a placeholder for items that are important um to his district and cape coral being a large city in it they were very excited and encouraged that we would be submitting some earmarks for the budget um the other thing i wanted to mention briefly is that while we were on the hill yesterday there was a brand new federal legislation that was actually introduced and it's called the flood insurance pricing transparency act and this will do exactly what i believe councilmember tate many others have been saying all along is that we need to understand how the how fema is arriving at the 2.0 risk factors so what this bill will do is it will show that it will ask fema require fema to show their formulas to produce their formulas so that that way individuals in the insurance business and homeowners are able to calculate what their flood insurance would cost under these new regulations so there's a lot of activity going on i was very encouraged our congressman's legislative director alex was incredible she said that she's gone so far as even to speak with other coastal districts and delegations in louisiana south carolina to talk to them about the importance of pushing for change for this bill so stay tuned on that thank you mayor thank you council member shepard new report council member tate council member welsh thank you mayor i just wanted to give a very special thank you to the cape coral police department over the weekend a young man went missing in the downtown area and his father has been a family friend for over 25 years and i've known him his whole life and i was very unfortunate that when they found him he was no longer living but they worked tirelessly and i just want to say thank you to them for all their hard work thank you councilmember kosten thank you mayor yes um i attended pride along with several others and i did not go to the national league of cities as you were probably all aware because um my flight was canceled and i could not find a way to make it work so i'm sad about that but hopefully i'll be able to go next time thank you thank you my report uh march 4th i was a guest speaker at the youth council meeting at a request from council member hayden march 5th i participated along with several other council members the cape coral pride event on march 6 i attended the lighthouse awards another great event that that we have and also on march 9th uh attended the npo executive committee meeting um and on march 10th i attended the uh i'm sorry march 12th uh along with uh some of the other council members i attended the special population's 13th annual fashion show in auction another great event uh for for a great organization uh they use this particular event as their primary sponsors or to get sponsors for donations and if you haven't haven't been to that event i would highly recommend trying to attend that event next year march 14th i attended the uh at cape coral charter schools oasis north i wanted to recognize the risk family and the risk family foundation for their contribution that they made to the charter schools to provide the maker space at that particular school which will give the students of that particular school the opportunity for some higher education where they will be taking a look at things similar to robotics so [Music] because of the risk family foundation and their contribution that that particular school will have that type of program in their school which will help grades kindergarten through fifth grade so i was glad to see that for the charter schools also as a guest speaker i believe along with council member shepard at the southwest cape coral action committee quarterly meeting on march 14th and that's all i have as far as my reports uh one thing uh quickly i wanted to bring up the council i kind of wanted to work with the city attorney's office to explore the idea of a deputy city attorney i know right now there's one vacant position in there but i wanted to have a discussion with the city attorney to see if there's a need for a possible deputy city attorney so just to take a look at uh the the structure of the city attorney's office to see if that if there is a need for that particular position and if it is determined that there is then i'd work with the uh because that position is not currently uh in our structure so we would have to uh not only uh design and outline exactly what that position would be we'd have to make that uh position a part of our organization and uh but i just wanted that opportunity to uh to work with the city's attorney's office to see if there is a need for that i'll give you a second to do that and then once uh once i have that uh information uh before i bring anything back to uh council maybe i uh i'll bring it back for committee at a whole meeting uh so we could have that discussion uh before uh before we move forward with the with any formalized process and mayor will that mean that so a deputy position in theory we would look at similar to an assistant city manager position where we can develop the individual in that position to eventually you know move into the city attorney role or yeah i mean that's something that we can take a look at uh you know i think more importantly as well for me moving forward i think that that should be a position very similar to the city attorneys the city attorney position where council has a input on that particular individual of course by the recommendation of the city attorney uh so that's something uh if we find ourselves going down that path that we can have a further discussion okay thank you and that's all i have madam city attorney report i have no report mr city manager report yes mr mayor i actually have two items for the council's consideration first i'd like for you to consider amending your approved meeting schedule and tentatively schedule another workshop this month on wednesday march 30th if you want to do 9 a.m that's fine i've got some um projects and issues that i need to brief council on and i don't know if they won't be ready for your your next workshop which is next week and uh and april 13th might be a little too late so i'd like for you to consider having another workshop meeting again march 30th if we don't need it we can always cancel it but i need that flexibility and my understanding mr city manager that day we have a uh special counsel meeting with the uh youth council at 4 30. uh so if we were going to have that meeting what were you thinking as far as time like one-on-one i'll leave that up to you mr mayor we also have the if some of us have registered the post session with um senator rodriguez and kathleen passadoma that's at 11 so if we could meet at nine and be out of here by 11 then we could do no so probably maybe two o'clock i think uh that luncheon uh it's usually from about 11 30 to 11 yeah so i think two o'clock would probably work i forgot about that event and then we have the youth council meeting at 4 30 would that be enough time um do you have flexibility in your start time in the event we go over on the workshop i think workshop starting at what time two works up starting at two that gives us two and a half but in case we go a little longer do you have flexibility he's talking about the youth council do you have flexibility well that's what i understand we have we advertise that meeting yeah so it's been posted on the website the ad has not gone into the newspaper yet but it is pending and a certain how much flexibility are you thinking i will do everything to wrap up those topics in the time that you've allotted but i can't guarantee it it all depends on how much uh public input we we received that day it might be another great opportunity for the youth council to sit in yeah no i i understand i just didn't want to get into a situation where the youth council city council meeting wasn't starting until 5 30 or 6. well maybe that would be um too long no i don't no i don't want to reschedule just to be later i'm sorry councilmember kazan not in here sorry i was just saying could be could be rescheduled as in moving to six o'clock the youth council portion or do you think that's asking too much i just don't know with their schedules oh yeah well let's do this and i'd be really concerned if we were having a four-hour workshop anyway madam city attorney i was going to suggest that i would not think the youth council joint meeting would be a very long meeting would it be possible that the discussion regarding the items that the city manager maybe wanted to bring up at the um cow could be brought up at after or at the tail end of the youth council meeting i'm just asking the question i'm not and when you look at because i approve the cal medium for next week today that's uh i think we have a full schedule there definitely can't do it yeah six or seven topics of discussion next week's cattle meeting so first thing i thought of was maybe we could add it but definitely you're not gonna do that [Music] i mean we could just go to one instead of both i just thought somebody i mean at least in all fairness you've scheduled the youth council meeting for 4 30. i like dolores suggestion that if if the workshop runs long maybe we can again on the back end of the youth council i guess you have to discuss priorities then too i mean i i'd still like to go back to nine o'clock and have the workshop i know i'm not asked what i'm saying is i'm not as concerned about that luncheon since it's just going to be a review of things we've already heard um again to me it's about priorities and um you know well if you if you want to look at continuing the discussion that yes the youth council city council meeting shouldn't be a drawn-out affair and we could resume the discussion on your topics then but i just wanted to bring it back up that uh we have more flexibility if we started at nine to get through everything rather than picking it up again after we've already discussed it and making a little bit more disjointed and maybe what it was so i'm okay with two o'clock yeah i'm good with either time i would prefer nine in the morning though but can i say something sure so so uh the 9 a.m time for cal meetings are going to affect my ability to be able to participate in horizon council executive committee meetings this year when we got a new chairman for horizon council the meetings were moved to wednesday mornings at 8 30. so i won't miss all of them but i'll miss three of them so i just wanted to point that out um they're they're very they are the executive committee meetings where all the municipalities and the county are there for those meetings the general meetings are still on fridays so i just wanted to say that the 9 a.m will in i won't be able to be both places so there'll be three meetings that i miss i just wanted to let you all know thank you mayor thank you so to get back to the topic of the cow meeting for the 30th um what do we decide two o'clock is fine okay and then worst case scenario we'll do our youth council meeting and then just pick up thereafter if there is a need um councilmember nelson councilmember constant i was scheduled to work that day so i'll need to be late i'll be here by 2 30. okay all right all right so need to vote on that kimberly um i think if a consensus has been received it would be up to the council if they would like a vote yeah i think as long as we have a consensus and i think we have at least five people that uh agreed to the 2pm okay okay that's good okay so in a similarly mr mayor i'd like for the council to schedule a special meeting of the city council to be held on friday may 20th of 2022 at 9 00 a.m here in these chambers and for the purpose of holding a uli advisory services panel stakeholder results meeting so this is where prior to uli concluding their field visit and beginning their work on the written work product they come in as a body and they meet with you as a body and they present their their findings and recommendations engage you in some conversations before they go off into the next phase and start putting pen to paper that would be a 9 a.m meeting yes so may 20th 9 a.m hold a special city council meeting any problem with that with council okay so uh looks like uh do you need a motion uh since we're gonna be changing the schedule on that madam city claire so i look at that one a little different since it's a voting special meeting um i would request respectfully to approve meeting a special meeting on may 20th second at 9 00 am and the topic of discussion it is uli advisory services panel stakeholder results meeting just add that to my motion kimberly we'll do and the second agrees second degree yes okay any discussion madam city clerk please call the role hayden [Music] okay time in place of future meeting we have a community the whole meeting that is scheduled for wednesday march 23rd 2022 at 9 00 a.m here in council chambers do i have a motion to adjourn second all in favor say aye aye meeting adjourned you