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 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 (4:37 p.m.) Opening Prayer The meeting was opened with prayer by Mayor Henderson. (See video @ 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 video @ 4:39 p.m.) Roll Call Absent: None. (See video @ 4:39 p.m.) PROCLAMATIONS AND SPECIAL PRESENTATIONS A. Ceremonial Oath of Office Terolyn P. Watson, Council Member, Ward 3 Judge Archie Haywood administered the ceremonial Oath of Office to Council Member Terolyn P. Watson, Ward 3. (See video @ 4:40 p.m.) Page 1 of 9
PROCLAMATIONS AND SPECIAL PRESENTATIONS - Continued 1. Proclamation proclaiming June 2, 2015, Dean Park Historic District Day Mayor Henderson read and presented the proclamation to Brad McGrath, Brad McGrath Builder, Inc. (See video @ 4:43 p.m.) PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: (Four (4) minute time limit per speaker) Matt Galewski spoke on Item 10a. (See video @ 4:49 p.m.) Paul Schafer spoke on Item 10a. (See video @ 4:54 p.m.) Anthony Thomas, Jr. spoke on Items 10a, 10b, and 10c. (See video @ 5:58 p.m.) Public Hearings: (5-10) (Public input will be heard during the public hearing) CONSENT AGENDA (Item Nos. 2-4b) Any Council Member may have an item removed from the consent agenda and placed on the regular agenda for discussion following the consent agenda. 2. Minutes of the regular meetings of April 20, 2015, and May 4, 2015 3. Issuance of a business tax receipt to Permanent Marks Tattoo LLC to operate a tattoo parlor and merchant retail business located at 5240 Bank Street, Suite 14 (Ward 5) Page 2 of 9
CONSENT AGENDA - Continued 4. Professional Services Agreement for Civil Engineering Services for the City of Fort Myers - Continuing Contract, Request for Qualifications No. 10-29-14-PW, with Source, Inc. 4a. Bid No. 60-14-15, Dirt Hauling Services for Six Mile Cypress Slough Preserve North Hydrological Restoration Phase I, in the amount of $884,750, to Mitchell & Stark Construction Co., Inc. (Ward 2 and Ward 3) 4b. Submission of a Community Planning Technical Assistance grant application, in the amount of $30,000, to the Florida Department of Economic Opportunity by the Southwest Florida Regional Planning Council on behalf of the City for planning assistance (Ward 1, Ward 2 and Ward 3) Removed from the Consent Agenda by Councilman Streets. ITEMS REMOVED FROM CONSENT AGENDA 4a. Bid No. 60-14-15, Dirt Hauling Services for Six Mile Cypress Slough Preserve North Hydrological Restoration Phase I, in the amount of $884,750, to Mitchell & Stark Construction Co., Inc. (Ward 2 and Ward 3) (See video @ 5:04 p.m.) CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION 11. Application from Robert Ferry, for appointment as an at large member, to the Planning Board, effective June 1, 2015, through May 30, 2018, to replace Dr. Joseph Grubbs, who resigned November 5, 2014 (See video @ 5:12 p.m.) Page 3 of 9
CITY MANAGER S ITEMS 14a. Task Authorization No. 6, in the amount of $65,916.21, to Construction Managerat-Risk Continuing Contract Request for Qualifications No. 12-27-12-PW, with Chris-Tel Company of Southwest Florida DBA Chris-Tel Construction for the Burroughs Home Repair Project (Ward 4) (See video @ 5:14 p.m.) PUBLIC HEARINGS (on or about 5:15 o clock p.m. or as soon thereafter as can be heard) 5. Public comment regarding the development plan of the Five Year Consolidated Plan 2015-2019, First Program Year Annual Action Plan for Fiscal Year 2015-2016, in the anticipated funding amount of less than $700,000, for the Community Development Block Grant Program as required by the United States Department of Housing and Urban Development 6. Ordinance No. 3744 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) (See video @ 5:16 p.m.) Ordinance No. 3744 adopted. (See video @ 5:19 p.m.) Page 4 of 9
PUBLIC HEARINGS - Continued 7. Ordinance No. 3745 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) 8. Ordinance No. 3746 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) 9. Resolution naming a City owned landscaped green space described as a triangular shaped area where Barcelona Avenue meets Alcazar Avenue and east of McGregor Boulevard as Melinda Fulton Park as requested by Dan Moser on behalf of neighborhood residents (Ward 4) 10. 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 the property owner (Ward 4) (Quasi-Judicial) Ordinance No. 3745 adopted. (See video @ 5:32 p.m.) Ordinance No. 3746 adopted. (See video @ 5:38 p.m.) Resolution No. 2015-24 adopted. (See video @ 5:41 p.m.) Resolution No. 2015-25 adopted. (See video @ 5:47 p.m.) Page 5 of 9
CITY COUNCIL COMMENTS AND ITEMS FOR CONSIDERATION - Continued 10a. Restore the 21 firefighter positions in the Fire Department and use the monies collected from the fire assessment and General Fund Reserve to cover the cost of rehiring the firefighters (Councilwoman Watson) 10b. Change the City of Fort Myers employment application by deleting the question "have you ever been convicted of a felony?" along with its related check box (Councilwoman Watson) Motion failed. (See video @ 5:50 p.m.) Approval to incorporate the train of thought into the revision of the Employee Manual and bring back with a recommendation on the particular subject so it can be adopted in the Employee Manual. (See video @ 6:24 p.m.) 10c. Create an African-American and Latino Advisory Board for the City of Fort Myers (Councilwoman Watson) Approval to create a Multicultural Diversity Board to address City Council on employment, contracting, and other issues important to them in the City of Fort Myers. (See video @ 6:42 p.m.) 10d. Motion to approve walk on item by Councilman Leonardo 10e. Create an Italian American Advisory Board for the City of Fort Myers (Councilman Leonardo) (See video @ 6:54 p.m.) Withdrawn. (See video @ 6:55 p.m.) 12. Citizen advisory board vacancies A motion was not made. (See video @ 7:02 p.m.) Page 6 of 9
PERMISSION TO ADVERTISE 12a. Request for Proposal No. 7024-15, Sale or Lease/Operation and Management of City of Fort Myers Skatium, a City owned property located at 2250 Broadway, STRAP No. 24-44-24-P1-00802.0110, Cranfords Subdivision, Block 2, Lots 11 thru 24 plus south 100 feet, Lot 10, in the Central Fort Myers Community Redevelopment Area, pursuant to Section 163.380(3)(a), Florida Statutes (Ward 4) Approval to retract idea on going to a public hearing and take 60 days and bring back information on revenue and expenditures and how we can meet the deficit. (See video @ 7:03 p.m.) CITY MANAGER S ITEMS 13. Cypress Woods Plaza, a Replat of Broadmoor Heights, Plat Book 8 at Page 34, Davis Heights, Plat Book 6 at Page 5, Navarra Park Units 3 & 4, Plat Book 7 at Page 38, and First Addition to Davis Heights, Plat Book 7 at Page 71; a Subdivision lying in Section 33, Township 44 South, Range 25 East; located at the northwest corner of Challenger Boulevard and Ben C. Pratt/Six Mile Cypress Parkway/County Road 865, a/k/a BJ s Plaza, a Benderson development as requested by Jonathan L. Romaine, RLA, CLARB, En-Site, Inc., representing Benderson-Harlem Associates, L.P. (Ward 6) (See video @ 7:15 p.m.) Page 7 of 9
CITY MANAGER S ITEMS -Continued 14. Wawa at the Crossroads: a Replat of a Portion of Parcel B of McDonald s at Crossroads, according to the Plat thereof, as Recorded in Instrument No. 201300012110, Lee County Records, Section 25, Township 44 South, Range 25 East; located west of the intersection of Colonial Boulevard and State Road 82 as requested by Josh Lockhart, CPH Engineers, representing Wawa, Inc., contract purchasers of one parcel (Ward 6) 14b. Letter of Understanding between the City of Fort Myers and Ft. Myers Eastwood Village, LLC on Initiation of Development, Old Wellfield Project-Phase II to proceed with land clearing, filling the wetland and start the mitigation work to comply with the on-site work authorized under the U.S. Army Corps of Engineers permit to be completed and certified prior to the permit expiration on August 2, 2015 (Ward 2) 15. Early voting sites for the Primary and General Elections 2015 Removed from agenda by Robert Gardner, Director, Community Development Department, on Thursday, May 28, 2015. (See video @ 7:17 p.m.) A motion was not made. (See video @ 7:21 p.m.) CITY ATTORNEY S ITEMS 15a. Attorney fees and costs, in the amounts of $2,542.50 and $4,327.22, respectively, that was awarded to the City of Fort Myers by the Court in Case 2:12-cv-00039-SPC-CM, The Indigo Room., Raimond Aulen and Dylan Jones v. City of Fort Myers, Douglas Baker and Alain Gagnon (Ward 4) (See video @ 7:26 p.m.) Page 8 of 9
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.) Willie Green spoke on citizens initiative petition by We Say No to Junk - City Committee for no junkyards in the City. (See video @ 7:31 p.m.) Thomas Goodrich spoke on opening a fresh market at the Edison Mall. (See video @ 7:28 p.m.) Ann Pierce spoke on Mayor's Challenge. (See video @ 7:39 p.m.) Anthony Thomas, Jr. spoke on fairness and equality. (See video @ 7:55 p.m.) Adjourned: 7:58 o'clock 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) 321-7035 or for the hearing impaired, TDD telephone number (239) 332-2541. Page 9 of 9