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 PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) Public Hearings: Item Nos. 9-17 (Public input will be heard during the public hearings) CONSENT AGENDA (Item Nos. 1-8) Any Council Member 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 special meeting held on February 15, 2012, and the regular meeting held on February 21, 2012 Page 1 of 9
2. Budget amendment, in the amount of $4,428.44, appropriating 2006 General Revenue Bond Interest Income and increasing the SW FL Enterprise Center Capital Improvement Project by like amount to build demising walls at the Southwest Florida Enterprise Center, 3903 Dr. Martin Luther King Jr. Boulevard (Ward 2) 3. Budget amendment, in the amount of $110,418.50, appropriating proceeds from the 2005 Series Yacht Basin Note and increasing Replace G Dock Capital Improvement Project by like amount to replace a portion of A Dock and 19 wood pilings at and near G Dock located at the Fort Myers Yacht Basin, 1300 Lee Street And Change Order No. 1, in the amount of $110,418.50, to G Dock Renovations for Fort Myers Yacht Basin, Contract No. 86-10-11, with Marine Contracting Group, Inc. increasing the contract amount from $757,950 to $868,368.50 and increasing the contract time by 30 days to a completion date of May 20, 2012, to replace a portion of A Dock and 19 wood pilings at and near G Dock located at the Fort Myers Yacht Basin, 1300 Lee Street (Ward 4) 4. Submittal of grant application, in the amount of $86,020, to Lee County Natural Resources Division/West Coast Inland Navigation District Waterway Development Program for the Police Department Marine Patrol Enforcement Unit and Education Project, with a City in-kind match in the amount of $103,772 representing a police officers salary and benefits, for a total project cost in the amount of $189,792, effective October 1, 2012, to September 30, 2013 Page 2 of 9
5. Submerged Lands Lease, in the monthly interim amount of $500, with 2220 West First Street Fort Myers LLC, for the operation of a 49 slip marina located waterward and adjacent to 2220 West First Street and 1901 Altamont Avenue, and initial annual lease fee of $28,614, plus sales tax, due upon the acquisition of the first marina building permit with a minimum annual increase of 3 percent and a maximum annual increase of 10 percent, effective for 50 years and extended an additional 50 years from the date of acquisition of the first marina building permit (Ward 4) 6. Recording System Support Agreements, in the total amount of $3,738.28, with Business Information Systems, Inc., for Contract No. 13-03-A-33877 in the amount of $2,892.28, effective April 1, 2012, through March 31, 2013, and Contract No. 13-03-A-51614 in the amount of $846, effective March 30, 2012, through March 29, 2013, for BIS Digital Court Reporter maintenance, licenses, and software assurances for the Clerk s Office 7. Supplemental Task Authorization No. 1, in the amount of $98,400, to Professional Services Agreement Continuing Contract for Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with Johnson Engineering, Inc., for Maravilla Circle Waterline Improvement Design Page 3 of 9
8. Supplemental Task Authorization No. 1, in the amount of $170,984, to Professional Services Agreement Continuing Contract for Utility Engineering Services, Request for Qualifications No. 06-23-11-PW, with TKW Consulting Engineers, Inc., for Downtown Phase III-Area A Utility Improvements Design (Ward 4) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 9. Ordinance No. 3614 amending Ordinance No. 2984 as amended by Ordinance No. 3503, the Development Order for Pelican Preserve Development of Regional Impact, formerly known as Sun City Fort Myers Development of Regional Impact, located east of Interstate 75 on the south side of Colonial Boulevard, by implementing the statutory 4 year extension for buildout, phasing, concurrency vesting, and expiration, as requested by WCI Communities LLC, owner (Quasi-Judicial) (Ward 6) 10. Ordinance No. 3615 declaring the intention to change the territorial limits of the City by the contraction of an incorporated tract of land containing 232 acres, more or less, located east of the Pelican Preserve Development of Regional Impact and west of Gateway Boulevard, owned by WCI Communities LLC (Quasi-Judicial) (Ward 6) Page 4 of 9
11. Ordinance No. 3616 amending Ordinance No. 2984 clarifying the Development Order for Sun City Fort Myers, located east of Interstate 75 on the south side of Colonial Boulevard, by changing the name to Pelican Preserve Development of Regional Impact, adding 185 acres, more or less, revising to biennial reporting, extending the dates for buildout, phasing, concurrency vesting, and expiration by 7 years, and rescinding Ordinance No. 3503, as requested by WCI Communities LLC, owner (Quasi-Judicial) (Ward 6) 12. Ordinance No. 3617 zoning 185 acres, more or less, of the eastern portion of the Pelican Preserve Development of Regional Impact, located east of Interstate 75 and south of Colonial Boulevard, to Special Development Area, as requested by WCI Communities LLC, owner (Quasi-Judicial) (Ward 6) 13. Ordinance No. 3618 amending the Land Development Code, Chapter 118, Land Use Regulations, Special Development Areas for Sun City (Pelican Preserve) Fort Myers and The Forum (Quasi-Judicial) (Ward 6) 14. Ordinance No. 3619 amending the City Code, Chapter 18, Businesses and Business Regulations by deleting the moratorium imposed on arcade amusement centers 15. Ordinance No. 3620 amending the Land Development Code, Chapter 118, Land Use Regulations, by creating regulations for adult arcade amusement centers Page 5 of 9
16. Ordinance No. 3621 amending the Land Development Code, Chapter 126, Signs by amending the administrative deviations process to create a procedure for variances and amending the regulations for off-premises advertising signs 17. Ordinance No. 3622 amending the Land Development Code, Chapter 142, Definitions, Article 2. Defined Terms CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION PERMISSION TO ADVERTISE 18. Ordinance amending Ordinance No. 2759, McGregor Oaks Planned Unit Development located off Meadow Park Lane and Somerset Boulevard, by extending the timeframes to complete construction by 2 years and rescinding Ordinance No. 3541, as requested by David Malt, owner (Quasi-Judicial) (Ward 5) 19. Ordinance amending and restating Prima Luce Planned Unit Development, 2631 First Street, located north of First Street, west of Cranford Avenue, and east of Evans Avenue, by amending the address, extending the timeframes to commence and complete construction by 2 years, and rescinding Ordinance Nos. 3310 and 3510, as requested by Prima Development LLC, owner (Quasi-Judicial) (Ward 2) Page 6 of 9
20. Ordinance amending Ordinance No. 3414, Lee Boulevard Commerce Park Planned Unit Development, located on the southern 36.36 acre, more or less, portion of a 142 acre, more or less, City owned parcel at 5600 Lee Boulevard, by extending the timeframes to commence and complete construction by 2 years and rescinding Ordinance No. 3552, as requested by Johnston and Johnston, LLC, lessee (Quasi-Judicial) (Ward 6) 21. Ordinance amending Ordinance No. 3430, Eastwood Village Planned Unit Development, on 828 acres, more or less, of City owned property located west of Ortiz Avenue, north of Colonial Boulevard, and south of Dr. Martin Luther King Jr. Boulevard, by extending the timeframes to commence and complete construction by 2 years, as requested by Bonita Bay Group, developer (Quasi-Judicial) (Ward 2) 22. Ordinance amending Ordinance No. 3431, Crossroads Commerce Center Planned Unit Development, 11000 Colonial Boulevard, located at the southern intersection of Colonial Boulevard and State Road 82, by extending the timeframes to commence and complete construction by 2 years and rescinding Ordinance No. 3553, as requested by Gary DeLanois, Managing Member, Summit Properties SW, LLC, owner (Quasi-Judicial) (Ward 6) Page 7 of 9
CITY MANAGER S ITEMS 23. Task Authorization No. 3, in the Guaranteed Maximum Price of $1,407,347.76, to Construction Manager At Risk Continuing Contract, Request for Qualifications No. 08/17/07-RFQ-PW, with Lodge Construction, Inc. for Hanson Street Utility Improvements from Cortez Boulevard to US 41 (Ward 4) CITY ATTORNEY S ITEMS 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.) 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.) Page 8 of 9
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 9 of 9