Ward 3 Terolyn P. Watson OSCAR M. CORBIN, JR. CITY HALL, 2200 SECOND STREET FORT MYERS, FLORIDA

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1 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 Liston D. Bochette, III 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 (4:32 p.m.) Opening Prayer The meeting was opened in prayer by Reverend Clive DeLaporte, Unity of Fort Myers. (See 4:33 p.m.) Pledge of Allegiance to the Flag of the United States of America Mayor Pro Tem Streets led the Pledge of Allegiance to the Flag of the United States of America. (See 4:35 p.m.) Roll Call Absent: None. Councilperson Watson entered the Council Chambers at 5:18 p.m. Mayor Henderson entered the Council Chambers at 5:30 p.m. (See 4:36 p.m.) APPROVAL OF WALK-ON AGENDA ITEMS (NONE) PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Three (3) minute time limit per speaker) None. Page 1 of 8

2 Public Hearings: (Public input will be heard during the public hearing) MOTION: City Manager Kazemi requested that the Council move Item 2 from the consent agenda to the regular agenda. (See 4:37 p.m.) City Attorney Alley requested Item 25 be heard first on the agenda. CITY MANAGER S ITEMS 25. Resolution authorizing the issuance of not to exceed $55,000,000 in aggregate principal amount of the City of Fort Myers, Florida Capital Improvement and Refunding Revenue Bonds, Series 2018A, and the City of Fort Myers, Florida Taxable Capital Improvement Revenue Bonds, Series 2018B, for the acquisition, construction and equipping of various capital improvements and the refunding of the outstanding Improvement Refunding Revenue Bonds, Series 2007 George Smith, Attorney, Law Firm of Bryant Miller Olive, Bond Council for the City, presented Resolution (See 4:38 p.m.) CONSENT AGENDA Any Councilperson may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 1. Minutes of the regular City Council meeting held on September 4, Interagency Agreement with the School Board of Lee County to provide access to STARS assessment results, report cards, and any other assessment results or reports deemed appropriate to determine the academic progress and needs of the students enrolled in the Dr. Ann Murphy Knight STARS Complex educational programs (Ward 3) REMOVED FROM CONSENT AGENDA. Removed from Consent Agenda at the request of City Manager Kazemi. (See 4:56 p.m.) Page 2 of 8

3 3. Purchase Order Change Order No. 1, in the amount of $33,000 from $95,000 to $128,000 to Purchase Order No issued to Enterprise Rent a Car for car rentals for the Police Department 4. Extension Agreement No. 13, in the estimated amount of $60,000, to the Banking Agreement with Bank of America, N.A., extending the term for one additional year, effective October 1, 2018, through September 30, Insurance renewals, in the total amount of $1,191,151, for property, boiler and machinery, and crime/employee dishonesty insurance for named windstorms and all other perils and insurance services for excess general liability, law enforcement liability, public officials liability, excess automobile liability, cyber liability, excess Workers Compensation, special event liability, and tenant user liability, and statutory blanket accident for police & firemen, including broker fees 6. Cooperative professional services agreement "piggybacking" with the Village of Estero, Florida, signed September 29, 2015, for Professional Services to provide Code Compliance Services 7. Robert Half Management Resources proposal to provide temporary finance staff to assist in the operation and revenue reviews for various City departments in an estimated not to exceed amount of $200, Change Order No. 1 in the amount of $7,687.00, and Closeout of Task Authorization No. 2, to Agreement Between Owner and Construction Manager-At-Risk Continuing Contract, Request for Qualifications No PW with Compass Construction, Inc., for Water Treatment Plant ADA Improvements, increasing the contract amount to $169, and release of final payment, including retainage, in the amount of $11, Page 3 of 8

4 9. State of Florida Department of Environmental Protection (FDEP) Standard Grant Agreement LP36045, in the amount of $775,000, for Fort Myers Billy s Creek Restoration And Budget Amendment increasing the Capital Budget, by like amount, for Billy Creek Restoration Project (Ward 2) 10. Acknowledgment and Approval as to Form of the Declaration of Easements, Covenants & Restrictions between Challenger Lodging, LLC and Cypress Woods Associates, LLC ITEMS REMOVED FROM CONSENT AGENDA 2. Interagency Agreement with the School Board of Lee County to provide access to STARS assessment results, report cards, and any other assessment results or reports deemed appropriate to determine the academic progress and needs of the students enrolled in the Dr. Ann Murphy Knight STARS Complex educational programs (Ward 3) Amber Smith, Senior Center Manager, spoke on what the interagency agreement with the School Board of Lee County would entail. Anaya Mora, Paul Laurence Dunbar Middle School student, spoke on her experience in the Shooting STARS Pre- Teen program. (See 4:56 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 11. Appoint Donald Overholser, as a regular member, to the Code Enforcement Board, term effective, through September 16, 2021 (Councilperson Bochette) 12. Appoint Wilmer Wallace Carter, as an alternate Member to the Beautification Advisory Board, term effective through September 16, 2021 (Mayor Henderson) (See 5:04 p.m.) (See 5:05 p.m.) Page 4 of 8

5 13. Reappoint William Keene to the Planning Board, term effective October 6, 2018, through October 5, 2021 (Councilperson Burson) 14. Reappoint Marvin Jackson Burges, as an alternate member, to the Board of Adjustments term effective through September 16, 2021 (Mayor Henderson) (See 5:06 p.m.) (See 5:07 p.m.) 15. Report on 31 advisory board vacancies A motion was not made. Assistance to Hurricane Florence victims (See 5:07 p.m.) MOTION: Moved to direct the City Manager to work in conjunction with partnering organizations to offer assistance that can be rendered to the Cities and Counties impacted by Hurricane Florence. (See 5:08 p.m.) PERMISSION TO ADVERTISE 21. Ordinance No providing for Future Land Use Map Amendment 18-MA-01 Michigan Avenue Housing FLUMA, now known as Amendment 18-2ESR, providing for legal status (Ward 2) 22. Direct Clerk to advertise Ordinance No for a public hearing to approve the 3681 Michigan Avenue Planned Unit Development, as requested by Diocese of Venice LE-64, owners (Ward 2) (See 5:13 p.m.) (See 5:14 p.m.) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) Page 5 of 8

6 16. Ordinance No amending Ch. 98, Administration and Ch. 142, Definitions Alexis Crespo, AICP, Waldrop Engineering, PA., presented the Land Development Code updates to Chapters 98 and 142. Jenna Persons, Attorney, Strayhorn Law, spoke in opposition to the proposed ordinance amendment to Chapter 98. Bruce Strayhorn, Attorney, Strayhorn Law, spoke in opposition to the proposed ordinance amendment to Chapter 98. It was moved by Councilperson Burson to adopt Ordinance No with the following: deletion of , Requests for zoning verification, C, lines 3 and 7; deletion of , G; and to tighten up the language for the Ordinance in the future; seconded by Councilperson Anthony; motion carried unanimously. Ordinance No adopted. (See 5:16 p.m.) (See 5:16 p.m.) 17. FIRST PUBLIC HEARING: Ordinance No amending Ch.118 Land Use Regulations; And Permission to advertise SECOND PUBLIC HEARING for Ordinance No. 3841, amending Ch. 118 Land Use Regulations Sarah Propst, AICP, Calvin, Giordano and Associates, Inc., on behalf of the City, presented the Land Development Code updates to Chapter 118. (See 6:14 p.m.) 18. Purchase of 3683 Ironbridge Blvd, in the amount of $35,000, 3522 Ironbridge Blvd, in the amount of $19,000, 3410 Hanson Street, in the amount of $71,000, from Lyndon Investments U.S.A., Inc., owner, to be used as right-of-way for the Hanson Street Extension Project (Ward 3) (See 6:20 p.m.) Page 6 of 8

7 19. WITHDRAWN BY APPLICANT: Purchase of 3324 South Street in the amount of $7,000, plus associated closing costs, from Jerry Benien, owner, pursuant to City Code 2-39 (Ward 2) 20. CONTINUE PUBLIC HEARING: Approve purchase of Ben C. Pratt/Six Mile Cypress Parkway, From Matt Montgomery, Trustee, for the future site of Fire Station No. 7 (Ward 6) It was moved by Councilperson Streets to continue the Public Hearing; seconded by Councilperson Brown; motion carried unanimously. (See 6:21 p.m.) It was moved by Councilperson Anthony to continue the Public Hearing to a date certain, October 15, 2018; seconded by Councilperson Streets; motion carried unanimously. (See 6:22 p.m.) CITY MANAGER S ITEMS CONTINUED 23. Interlocal Agreement Providing Transit Service with Lee County, in the amount of $203,686.00, for the downtown Trolley Routes to operate from November 8, 2018, through May 1, Florida International University Proposal - Building Corridors of Opportunity: Fort Myers Community Economic Development Initiative to complete a Community Economic Development Plan for Palm Beach Boulevard, MLK Boulevard, Colonial Avenue, and Fowler Street 26. Resolution for the lease-purchase of one 2018 Johnston model C201 Compact Sweeper (Ward 4) (See 6:24 p.m.) (See 6:34 p.m.) Adopted. (See 6:55 p.m.) CITY ATTORNEY S ITEMS (NONE) 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.) Page 7 of 8

8 Adjourn 6:57 p.m. If a person decides to appeal any decision made by City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Special Requirements: If you require special aid or services as addressed in the Americans with Disabilities Act, please contact the City Clerk s Office at (239) or for the hearing impaired, TDD telephone number (239) Page 8 of 8