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 Kevin Anderson 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 (4:37 p.m.) Opening Prayer Moment of silence for fallen Cape Coral firefighter, Christopher Asseff and Police Officer, Deputy Bill Brewer from Pierce Township, Clermont County, Ohio. The meeting was opened with prayer by Councilperson Streets. (See 4:38 p.m.) Pledge of Allegiance to the Flag of the United States of America The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Henderson. (See 4:40 p.m.) Roll Call Absent: None. Councilperson Watson arrived to the meeting at 5:28 p.m. (See 4:41 p.m.) Page 1 of 8

2 REMOVE ITEM 12 AND ITEM 13 At the request of Mayor Henderson. (See 4:43 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Annual report from the Southwest Florida Community Foundation on the activities at Collaboratory, 2031 Jackson Street, per the terms of the lease (Ward 4) 2. Presentation commemorating African American History Month (Councilman Streets) A motion was not made. (See 4:43 p.m.) A motion was not made. (See 4:50 p.m.) APPROVAL OF WALK-ON AGENDA ITEMS PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Three (3) minute time limit per speaker) Public Hearings: (Public input will be heard during the public hearing) 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. 3. Minutes of the regular City Council meeting held on January 22, 2019 Page 2 of 8

3 4. Shortlist of firms for Utility Engineering Services for the City of Fort Myers, FL - Continuing Contract, Request for Qualifications No for a contract term of 5 years and authorize staff to negotiate independent fees for each contract with the following 14 firms: 1. AECOM Technical Services, Inc. 2. AIM Engineering & Surveying, Inc. 3. Barraco and Associates, Inc. 4. Black & Veatch Corporation 5. David Douglas Associates, Inc. 6. GHD Services Inc. 7. Holes Montes, Inc. 8. Johnson Engineering, Inc. 9. McKim & Creed, Inc. 10. RWA, Inc. 11. Source Inc. 12. Stantec Consulting Services, Inc. 13. TKW Consulting Engineers, Inc. 14. T.Y. Lin International 5. Donation of 2009 GMC Box Truck Apparatus from Sarasota County Sheriff's Department to the City of Fort Myers Fire Department to be used for training, rehabilitation, HAZMAT drills, other tasks 6. Participate in the Florida Sheriffs Association & Florida Association of Counties Cooperative Bid Program No. FSA18-VEH16.0 for the purchase of one new Peterbilt Model 520 with a Heil Half-Pack front loader, in the amount of $276,596, and one new Peterbilt Model 520 with a Dura-Pack Combination side loader/rear loader, in the amount of $359,462, from Palm Peterbilt for a total amount of $636, Purchase of Solid Waste Office Management Software AMCS Tower for Solid Waste Division, piggybacking a competitively bid RFP from the City of Deerfield Beach FL, initial cost for software licensing and implementation $45,670 and annual support and license cost of $23,700 Page 3 of 8

4 8. Change Order No. 1, in the amount of $92,209.52, to Amendment No. 1 for Task Authorization No. 7, Construction Manager At Risk Continuing Contract Agreement, Request for Qualifications No PW with Tobler/O-A-K Joint Venture LLC for the Bellevue Park Utility at Palm City Gardens Project (Ward 2) 9. Supplemental Task Authorization No. 2 to Construction Manager-At-Risk, RFQ # Continuing Contract, in the amount of $997,261, with Wharton-Smith, Inc. for Fort Myers Billy Creek Restoration LP36045 (Ward 1) 10. Task Authorization No. 1, in the amount of $506,929, to Professional Services Agreement- Continuing Contract for Construction Manager At- Risk RFQ# with Tobler/O-A-K Joint, Venture, LLC. (CM) for Park and Athletic Field Electrical Improvements And Approve Budget Amendment recognizing Park Impact Fees, in the amount of $325,000, and increases Athletic Field Improvements by like amount (Ward 1) 11. Change Order No. 1 in the amount of $775,471.46, to Task Authorization No. 4, in the original amount of $1,894,986.58, to Construction Manager At-Risk Continuing Contract RFQ # PW with Meridian Construction & Development, Inc. for Bay Street Electrical Services And Budget amendment appropriating reserves from the Street Maintenance Fund, in the amount of $525,472, and 2016 General Fund Bonds, in the amount of $250,000, increasing the Underground FP&L Lines along Bay Street Project in the total amount of $775, (Ward 4) Page 4 of 8

5 12. Colonial 70 Final Plat located south of Colonial Blvd., just east of McGregor Baptist Church Drive, and west of Heritage Palms development. (Ward 6) (REMOVED FROM THE AGENDA) 13. Maintenance Agreement between Itron, Inc. and the City of Fort Myers for Software as a Service Agreement, AMI Operations Manager, Water Analytics software, and cloud-based data hosting, providing technical support of system hardware and software (REMOVED FROM THE AGENDA) 14. Indirect Sales Agreement between Itron, Inc. and the City of Fort Myers to allow for the assignment of equipment warranties and licenses to the City and provides for the City to receive any future firmware updates of the equipment Removed. (See 4:42 p.m.) Removed. (See 4:42 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 15. Discuss security measures for businesses with the City of Fort Myers (Councilperson Streets) A motion was not made. 16. Discuss housing and homelessness within the City of Fort Myers (Councilperson Streets) A motion was not made. (See 5:15 p.m.) 17. Reappoint Andrew Fitzgerald as a regular member to the Board of Adjustments, term effective, through February 3, 2022 (Councilperson Burson). (See 5:30 p.m.) Page 5 of 8

6 18. Report on 38 advisory board vacancies A motion was not made. (See 5:31 p.m.) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 19. Ordinance No amending the Future Land Use Map designation on +/ acres of property from Lee County Central Urban and Wetlands to Traditional Community (T/C) within the City located at Ben C. Pratt/Six Mile Cypress Parkway (Ward 6) Adopted. Connie Bennett-Martin, Eleanor Blitzer, Forrest Banks, Gina Sabiston, and Bruce Fisher spoke on Item 19. (See 5:31 p.m.) 20. Ordinance No rezoning +/ acres of property from Agricultural (AG-2) in Lee County to Neighborhood Commercial (NC) in the City located on Ben C. Pratt/Six Mile Cypress Parkway (Ward 6) MOTION TO REORDER ITEM 27. Adopted. (See 6:55 p.m.) Councilperson Streets moved to approve the reordering of Item No. 27 to be heard next on the agenda; seconded by Councilperson Brown; motion carried unanimously. (See 6:58 p.m.) 21. FINAL PUBLIC HEARING: Ordinance 3858, amending Ch 118 Smart Code of the Land Development Regulations (Wards 2, 3, and 4) Adopted. Nils Richter, Ann Martindale, Jerry Miller, Jenna Persons, Gina Sabiston, and Nick Herring spoke on Item 21. (See 7:14 p.m.) Page 6 of 8

7 22. Ordinance No amending Chapter 14 of the City Code of Ordinances by adopting a new Section 14-2 Removal of animal excrement; exceptions 23. CONTINUE PUBLIC HEARING: Disposal of real property in Dr. Martin Luther King, Jr. Boulevard, East Fort Myers, and Dunbar- Michigan Community Redevelopment Areas for 1785 Glenway Court, 330 Louise Avenue, 2651 Larmie Street, 3341 Canal Street, 2643 Larmie Street, 1933 Wright Street, 2336 Willard Street and 327 Nogales Street, pursuant to Section (3)(a), Florida Statutes (Wards 1, 2, & 3) Adopted. (See 7:41 p.m.). (See 7:43 p.m.) PERMISSION TO ADVERTISE 24. Permission to advertise for a public hearing on February 19, 2019, to purchase 3313 Jeffcott Street, a vacant parcel, from Noemy Rodriguez. in the amount of $15,000, plus associated closing costs pursuant City Code 2-39 (Ward 2) 25. Permission to advertise for a public hearing on February 19, 2019, to purchase 3320 South Street, a vacant parcel, from Ralph and N. Kruma Hemry. in the amount of $15,000, plus associated closing costs pursuant City Code 2-39 (Ward 2) 26. Permission to advertise for a public hearing on February 19, 2019, to purchase 3324 South Street, a vacant parcel, from Jerry Benien. in the amount of $15,000, plus associated closing costs pursuant City Code 2-39 (Ward 2). (See 7:44 p.m.). (See 7:44 p.m.). (See 7:44 p.m.) CITY MANAGER S ITEMS Page 7 of 8

8 27. Discussion of Early Voting within the City of Fort Myers prior to the September 10, 2019 Primary Municipal Election and the November 5, 2019 General Municipal Election Councilperson Anderson moved to bring an Ordinance and Chapter Amendments to include one-time extension of term limit to establish new even year City elections; seconded by Councilperson Burson; motion carried unanimously. (See 6:58 p.m.) 28. Legal Services Agreement with Boy Agnew Potanovic, PLLC. (See 7:45 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.) Crystal Johnson, resident, spoke regarding concerns with communication issues related to public input, loss of open space and wetlands. Adjourn 8:13 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

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