FORT MYERS CITY COUNCIL Mayor Randall P. Henderson, Jr. Ward 1 Teresa Watkins Brown Ward 2 Johnny W. Streets, Jr. Ward 3 Levon Simms Ward 4 Michael Flanders Ward 5 Forrest Banks Ward 6 Thomas C. Leonardo CITY COUNCIL CHAMBERS, 2200 SECOND STREET, FORT MYERS, FLORIDA Please complete a Request to Speak form if you plan to address the City Council and submit to the City Clerk prior to the start of the meeting. CALL TO ORDER Opening Prayer Pledge of Allegiance to the Flag of the United States of America Roll Call PROCLAMATIONS AND SPECIAL PRESENTATIONS 1. Proclamation proclaiming May 2015 as Better Speech and Hearing Month 2. Proclamation proclaiming May 9, 2015, as Letter Carriers National Food Drive Day 3. Proclamation proclaiming May 16, 2015, as National Kids to Parks Day 4. Proclamation proclaiming May 10, 2015, through May 16, 2015, as National Police Week and May 15, 2015, as Peace Officers Memorial Day Page 1 of 14
PROCLAMATIONS AND SPECIAL PRESENTATIONS - Continued 5. Proclamation proclaiming May 16, 2015, through May 22, 2015, as National Safe Boating Week 6. Proclamation proclaiming May 11, 2015, through May 17, 2015, as Salvation Army Week 7. Presentation from United Way of Lee, Hendry, Glades, and Okeechobee Counties for participation by the City in the 2014 United Way Campaign PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) Public Hearing: (35) (Public input will be heard during the public hearing) CONSENT AGENDA (Item Nos. 8-34a) Any Council Member may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 8. Minutes of the special meeting held on March 16, 2015, regular meeting held on March 16, 2015, and special meeting held on April 3, 2015. 9. Budget amendment, in the amount of $25,000, appropriating funds from Beautification Fund Reserves and increasing Parks and Beautification Operating Supplies by like amount for the installation of a new irrigation well at Billy Bowlegs Park, 951 Marsh Avenue (Ward 1) Page 2 of 14
CONSENT AGENDA - Continued 10. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 10-29-14-0PW, with AIM Engineering & Surveying, Inc. 11. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 10-29-14-PW, with Barraco and Associates, Inc. 12. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 10-29-14-PW, with Cardno, Inc. 13. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers Continuing Contract, Request for Qualifications No. 10-29-14-PW, with Johnson Engineering, Inc. 14. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 10-29-14-PW, with Weston & Sampson Engineers, Inc. 15. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with AECOM Technical Services, Inc. exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 Page 3 of 14
CONSENT AGENDA - Continued 16. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with DeLisi Fitzgerald, Inc. exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 17. Amendment No. 1 to Materials Testing Services, Request for Qualifications No. 06-28-11-PW, with GFA International, Inc. exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 18. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with Greeley and Hansen LLC exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 19. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with Johnson Engineering, Inc. exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 20. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with TKW Consulting Engineers, Inc. exercising the first option to renew for 1 year, effective January 17, 2015, to January 16, 2016 21. Amendment No. 1 to Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with T.Y. Lin International exercising the first option to renew for 1 year, effective January 3, 2015, to January 2, 2016 Page 4 of 14
CONSENT AGENDA - Continued 22. Amendment No. 1 to Professional Services Agreement - Continuing Contract for Structural Engineering Services, Request for Qualifications No. 06-24-11-PW, with Weston & Sampson Engineers, Inc. exercising the first option to renew for 1 year, effective February 6, 2015, through February 5, 2016 23. Amendment No. 2 to Professional Services Agreement - Continuing Contract for Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with Conestoga-Rovers & Associates, Inc. exercising the first option to renew for 1 year, effective January 17, 2015, to January 16, 2016 24. Task Authorization No. 4, in the Guaranteed Maximum Price of $1,182,642, to Construction Manager-At-Risk Continuing Contract, Request for Qualifications No. 12-27-12-PW, with Chris-Tel Company of Southwest Florida DBA Chris-Tel Construction for the Second Street (State Road 80) Drainage Project from Park Avenue to Michigan Avenue (Ward 2 and Ward 3) Page 5 of 14
CONSENT AGENDA - Continued 25. Purchase Agreement Little Pine Island Mitigation Bank Credits, in the amount of $39,360, with LPI Wetland Mitigation Bank, Ltd. for the purchase of 0.48 herbaceous freshwater wetland mitigation credits for off-site mitigation required by South Florida Water Management District and U.S. Army Corps of Engineers for 0.10 herbaceous freshwater credits for Shady Oaks Park Trail Improvements - Boardwalk and 0.38 herbaceous freshwater credits Ford Street Canal Filter Marsh (Ward 1) 26. Professional Services Agreement for Marketing Consultant - Continuing Contract, Request for Proposal No. 7029-14, with Knight Marketing Associates, Inc. for marketing that includes, but not limited to, the Imaginarium Science Center, Southwest Florida Museum of History, Fort Myers Redevelopment Agency, Fort Myers Country Club, Eastwood Golf Course, Yacht Basin, Public Art Committee, and recreation facilities 26a Professional Services Agreement for Marketing Consultant - Continuing Contract, Request for Proposal No. 7029-14, with CONRIC PR & Marketing for marketing that includes, but not limited to, the Imaginarium Science Center, Southwest Florida Museum of History, Fort Myers Redevelopment Agency, Fort Myers Country Club, Eastwood Golf Course, Yacht Basin, Public Art Committee, and recreation facilities Page 6 of 14
CONSENT AGENDA - Continued 27. Participation in Lee County Board of County Commissioners Annual Contract No. B-130489 for the purchase of Liquid Aluminum Sulfate, in the estimated annual amount of $151,110, from Chemtrade Chemicals US LLC 28. Participation in Florida Sheriff s Association & Florida Association of Counties, (FSA) Contract No. 14-12-0904 for procurement of one new 2015 Aquatech Storm Sewer/Catch Basin Cleaner mounted on a new 2016 Freightliner truck, in the amount of $346,231, from Pat s Pump & Blower 29. Request for Proposal No. 7033-15, Temporary Labor & Clerical Support Personnel, in an estimated annual expenditure of $300,000, to BLM Enterprises Corporation dba Trojan Labor, Key Temps, Inc. dba Remedy Staffing, and Sunshine Workforce, LLC 30. Submit online federal grant application, in the amount of $15,000, to the United States Department of Justice, Bureau of Justice Assistance, to fund the Fiscal Year 2015-2016 Bulletproof Vest Program for the Police Department, with a 100% City cash match, in the amount of $15,000, for a total project amount of $30,000 31. Florida s Integrated Report Exchange System (FIRES) Easy Street Draw Software License, Memorandum of Understanding with Appriss, Inc. for a license for Easy Street Draw 5 Diagramming Software for the Police Department Page 7 of 14
CONSENT AGENDA - Continued 32. Submittal of Subgrant Application for Highway Safety Funds, in the amount of $72,261, to the State of Florida Department of Transportation, to fund Fort Myers DUI Enforcement and Education for Traffic Safety Priority Area of Alcohol and Impaired Driving, with no match required 33. Submittal of grant application to Lee County Natural Resources Division/WCIND Waterway Development Program, in the amount of $144,526, for the WCIND Waterway Development Program for the Police Department Marine Unit, with an in-kind match, in the amount of $111,078, representing 100% of a police officer s salary and benefits for a total project cost of $255,604 34. Subrecipient Agreement, for the 2014 Community Development Block Grant Program, CDFA No. 14.218, in the not-to-exceed amount of $22,500, with The Salvation Army, a Georgia Corporation, allocating program grant funding for employment training for low to moderate income City residents, effective, to April 30, 2016 34a. Subrecipient Agreement for the 2014 Community Development Block Grant Program, CDFA No. 14.218, in the not-to-exceed amount of $22,000, with Dr. Piper Center for Social Services, Inc., for computer training and counseling for low to moderate income City residents, effective, to April 30, 2016 Page 8 of 14
PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 35. Resolution vacating the unimproved and unused 430 foot, more or less, right-of-way of Coahatchee Street containing 2.88 acres, more or less, located east and west between Veronica S. Shoemaker Boulevard and Highland Avenue as requested by Mount Olive African Methodist Episcopal Church of Fort Myers, Inc., owner (Ward 2) (Quasi-Judicial) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 36. Establish funding and direct City Manager to make immediate repairs on critical items at the Burroughs Home and Gardens located at 2505 First Street (Councilman Flanders) 37. Donation of historic signage for Seminole Park Historic District from Seminole Park residents and approve placement of those markers within the City right-of-way, with Historic Preservation Board approval (Councilman Flanders) 37a. Aaron O'Brien, Esquire, to speak to City Council regarding Brian Fuller, former police officer (Councilman Streets) 38. Nomination of Betty Adams for appointment to the Public Art Committee, term effective, through May 3, 2018, replacing William Taylor, whose term ended (Councilman Simms) Page 9 of 14
CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 39. Appoint Robert Ferry to the Planning Board, as an at large member, term effective, through May 3, 2018, to replace Dr. Joseph Grubbs, who resigned November 5, 2014 40. Report on board vacancies PERMISSION TO ADVERTISE 41. Ordinance amending Ordinance No. 3413 a Planned Unit Development known as East Water Reclamation Plant, located on the northern 106.55 acre, more or less, portion of the vacant parcel addressed as 5600 Lee Boulevard, east of Interstate 75 and north of Lee Boulevard by renaming to East Water Reclamation Plant Facilities Planned Unit Development, extending the commencement date 10 years from 2015 to 2025, and rescinding Ordinance No. 3613, as requested by the City of Fort Myers, owner (Ward 6) (Quasi-Judicial) 42. Ordinance amending Ordinance No. 3481 to remove 0.37 acres, more or less, from the First Christian Church Planned Unit Development, 2061 McGregor Boulevard, and amending the Master Concept Plan to decrease the size of the Planned Unit Development as requested by Joseph Grubbs, AICP, PhD, representing First Christian Church of Fort Myers, Inc., owner (Ward 4) (Quasi-Judicial) Page 10 of 14
PERMISSION TO ADVERTISE - Continued 43. Ordinance rezoning one parcel of 0.37 acres, more or less, from Planned Unit Development to Urban Center located at the northwest corner of Tournament Street and Cleveland Avenue with STRAP No. 24-44 -24-P2-00400.0150 as requested by Joseph Grubbs, AICP, PhD, representing First Christian Church of Fort Myers, Inc., owner (Ward 4) (Quasi-Judicial) 44. Resolution vacating a portion of an alley adjacent to the southernmost property line of Tropical Hardware, 2605/2613 Cleveland Avenue, for a width of one foot and a length of 180 feet, more or less, as requested by Jack Lurie, agent for Donald G. Jones, owner (Ward 4) (Quasi-Judicial) CITY MANAGER S ITEMS 45. Resolution supporting the development of Safe Routes to School Projects, authorizing the Mayor and City Manager to act on behalf of the City, establishing the Fiscal Year 2019-2020 Engineer s Opinion of Preliminary Construction Cost, in the amount of $95,440.80, for a new 6 foot wide concrete sidewalk on Clifford Street from Edison Avenue to Victoria Street and committing to provide a local in-kind service match, if not provided by the Florida Department of Transportation, of 17% percent of the final cost (Ward 4) Page 11 of 14
CITY MANAGER S ITEMS - Continued 46. Resolution supporting the development of Transportation Enhancement Projects, committing to a local in-kind service match if not provided by the Florida Department of Transportation, authorizing the Mayor and City Manager to act on behalf of the City, establishing the Fiscal Year 2019-2020 construction cost estimate, in the amount of $753,588.87, for Marsh Avenue Sidewalk (missing links/gaps) from Michigan Avenue to SR 80 (Palm Beach Boulevard), with a City match of 17% percent of the final cost (Ward 1 and Ward 2) 47. Resolution authorizing the Mayor and City Manager to execute the Transportation Post Project Maintenance Agreement FPID No. 430921-1 32/52/62 01, FAP No. 8886 663A with the Florida Department of Transportation for maintenance of the sidewalk on the west side of Marvaez Street from Commercial Drive to Winkler Avenue (Ward 5) 48. Interlocal Agreement Providing Transit Service, in the amount of $115,431.41, with Lee County for the downtown trolley that operated from November 20, 2014, through April 29, 2015 (Ward 4) CITY ATTORNEY S ITEMS 49. Insurance reimbursement, in the amount of $152,205.86, from Star Insurance regarding Rose Rundle v. City of Fort Myers - Case No. 2:14-cv-135-FtM-38CM Page 12 of 14
49a. Settlement and Amendment to Funding Agreement, in the amount of $5,607,464.69, with SMCP, LLC, Dick Road Blend-All Hotel Development, Inc., Walden Avenue Blend-All Hotel Development, Inc., Blend-All Hotel Development, Inc., Allentown Properties, LLC, Benderson-Harlem Associates, LP, collectively referred to as Cypress Woods Group; Cypress Lakes Associates, LLC Colonial Square Associates, LLC and Six Mile Preserve, LLC v. City of Fort Myers, Case No: 14-CA-00537 for the reimbursement of road impact fees. And Approve budget amendment, in the amount of $5,607,465, appropriating Dedicated Road Impact Fee Reserves and increasing Other Current Charges by like amount Time allocated for public comment on non-agenda items shall be limited to a total of thirty minutes, or such other period of time that may be approved by a majority of City Council. PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers who have notified the City Clerk of the specific subject no later than five (5) calendar days prior to the Council meeting may speak on subject matters not on the agenda, provided that the subject matter is within the jurisdiction of the City Council. (Four (4) minute time limit per speaker; if speaker addressed City Council during Public Input on Agenda Items, the time limit shall be three (3) minutes.) Page 13 of 14
PUBLIC COMMENT - NON-AGENDA ITEMS: Speakers who failed to notify the City Clerk no later than five (5) calendar days prior to the Council meeting may speak on subject matters not listed on the agenda, provided the subject matter is within the jurisdiction of the City Council. Each speaker must complete and submit a Request to Speak form to the City Clerk prior to the beginning of the meeting. (Three (3) minute time limit per speaker.) Adjourn 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