City Council – Regular Meeting

Commented on comingling two different departments. Councilmember Kaduk inquired about this being in place already and having to replace a driveway. Discussion held regarding: • Drainage and utility easements • Why is this here today? • Different variations in legacy records • Identify the process and uniformity of applications • Who are we? City Attorney's Office speaking with Development Services Department City Manager llczyszyn noted to resolve any issues he will get with the City Attorney's Office if it is the direction of Council. Councilmember Steinke explained we have two parties, the City and the Owner. If they do not have this document, they cannot install the pool pipes in the PUE. City Attorney Boksner responded in the affirmative. Discussion held regarding: • Applicant applied and City approved • Would this be one more step in the process to get the signature on the document • Best practice is to have both signatures, receiver and giver City Attorney Boksner noted the intent was to establish Best Practice and uniformity. City Manager llczyszyn explained the process, template hold harmless, permit review phase; rejection and resubmit if identified in PUE ; most know where the document is and required . City Attorney Boksner explained the form needs modernization and some are signed and some are not; legally binding document; appropriate protection for the City. Discussion held regarding checks and balances. Mayor Gunter inquired that once it is recorded with Lee County - questioned if there is a breakdown in Staff. City Attorney Boksner responded the City Attorney is the final step of the process currently. Discussion held regarding: • City Attorney's Office 1-2-day turnaround timeline • Approving the electronic document Councilmember Long inquired about why this is not being handled outside of Council. City Attorney Boksner explained this is another way delegating legal documents to Council. Councilmember Lastra moved, seconded by Mayor Gunter, to deny 8(a)(12) Resolution 115-26, as presented. I I I I I I VOLUME: LXXXI PAGE: 115 MAY 6, 2026 Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Gunter, and Kaduk voted "aye." Donnell voted "nay." Seven "ayes." One "nay." Motion to deny carried 7-1. Appointments To Boards / Committees/ Commissions ADDENDUM : Youth Council - 1 Junior Vacancy Councilmember Lastra moved, seconded by Councilmember Kilraine, to appoint Jasmine Moran, (from Oasis High School), as Junior Member of the Youth Council. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0 Unfinished Business Follow Up Items for Council - None Councilmember Lehmann inquired about the Dragon Boat contract. City Manager llczyszyn responded he was waiting to see where the Rowing Club was going to be stationed . He would reach out to the Dragon Boat to see if temporary usage could be accommodated . Follow Up Items From City Management - None New Business - None ORDINANCES/RESOLUTIONS Public Hearings - Quasi-Judicial Hearings Resolution 91 -26 (VAC26-000001 *) Public Hearing *Quasi-Jud icial , All Pe rsons Providing Testimony Must Be Sworn In A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , providing for the vacation of plat for a portion of alley right-of-way between Lots 1 through 41, and Lots 42 through 82 , Block 4185 , Unit 59 ; providing for the vacation of platt ed easements located within Lots 34 through 37 , and Lots 47 through 49 , Block 4185 , Un it 59 ; provid i ng for the vacation of easements underlying the alley right-of-way between Lots 34 through 37 , and Lots 46 through 49 , Block 4185 , Unit 59 ; properties located at 3300-35 10 Tropicana Parkway and 330 1-3513 NW 7th Terrace ; providing for an effective date. Applicant: City of Cape Coral Address : 3300-3510 Tropicana Parkway and 3301 -3513 NW 7th Terrace Acreage : 33 ,586.5 sq. ft . Requests : T he City requests vacating 33 ,586 .5 sq . Ft. of a ll ey right-of-way between Lots 1-41 and 42-82 in Block 4185 , Unit 59. The City also requests vacating platted easements located in Lots 34-37 and 47-49 , and easements underlying t he alley right-of-way between Lots 34 - 37 and 46 -49 , all in Block 4185 , Unit 59. City Planning Staff Recommendation : Approval with conditions Hearing Examiner Recommendation : Approval City Clerk Bruns read t he title of the Resolution . City Attorney Boksner inqui red if there were any ex-parte communications that the City Council needed to disclose as this would be the appropriate time to do so for this Quas i- Judicial Hearing. There were none. City Clerk Bruns administered the oath . Planning Team Coordinator Struve presented the following displayed slides : • Resolution 91 -26 (VAC26-000001) • Owners , Applicant, Rep, Request, Location , Utilities • Official Site Aerial Map • Official Zoning Map • Background • Block 4185 VOLUME : LXXXI PAGE : 116 MAY 6, 2026 • Easements underlyi ng the ROW I• City Sites Lots 34-37 and 47-49 • Vacation Standa rds and Recommended Findings • Recommendations - HEX and Staff recommended approval with conditions • Correspondence - five phone calls ; individuals requested information about the case . Publ ic Heari ng opened . No speake rs Public Hear ing closed . Counci/member Kilraine moved, seconded by Councilmember Donnell, to approve Resolution 91-26, as presented. Councilmember Kilraine inquired about the conditions . Planning Team Coord inator Struve responded: • Included vacations of the right-of-way underlying easements would be cons istent with th e sketches that are part of the Public Hearing packet • Also in cluded reta ining a perimeter easement around the City site • And any utilities disturbed during construction activities the developer would be requ ired to repair those facilities at developer's cost Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Resolution 92-26 (VAC26-000002*) Pub li c Hearing *Quasi-Jud icia l, All Persons Providing Testimony Must Be Sworn In A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , providing for the vacation of plat for a portion of alley right-of-way, and underlying easements, between Lots 1 through 21 , and Lots 22 through 43 , Block 4278, Unit 61 ; providing for the vacation of interior platted easements located within Lots 19 through 21 , and Lots 22 through 26 , Block 4278 , Unit 61 ; properties located at 3246-3322 NW 16th Terrace and 3235-3327 Gulfstream Parkway; providing for an effective date. Applicant: City of Cape Coral Address: 3246-3322 NW 16th Ter and 3235-3327 Gulfstream Pkwy Acreage: 17,584.6 sq. Ft. Request: The City requests vacating 17 ,584.6 sq. ft . of alley right-of-way and underlying easements between Lots 1-21 and Lots 22-43 in Block 4278 , Unit 61. The City also requests to vacate platted easements located in Lots 19- 21 and Lots 22-26 in Block 4278 , Unit 61 . City Planni ng Staff Recommendation : Approval with Conditions Hearing Examiner Recommendation: Approval City Clerk Bruns read the title of the Resolution . City Attorney Boksner inquired if there were any ex-parte communications that the City Council needed to disclose as this would be the appropriate time to do so fo r this Quasi- Judicial Hearing . There were none. City Clerk Bruns administered the oath . Planning Team Coordinator Struve presented the following displayed s li des: • Reso luti on 92 -26 (VAC26-000002) • Owners , Applicant, Rep , Request, Location , Utilities I I I I I • Official Site Aerial Map • Official Zoning Map • Background Councilmember Lehmann left the dais at 4:52 p.m. • Block 4278 • City Site • Vacation Standards and Recommended Findings VOLUME: LXXXI PAGE: 117 MAY 6, 2026 • Recommendations - HEX and Staff recommended approval with conditions • Correspondence - one phone call; individual requested more information about the request Public Hearing opened. No speakers Public Hearing closed . Councilmember Kilraine moved, seconded by Councilmember Steinke, to approve Resolution 92-26, as presented. Council polled as follows: Kilraine, Lastra, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye.,, Seven "ayes.,, Motion carried 7-0. Public Hearings - Legislative Hearings (Note: Input received as follows: 1. City Staff presentations are limited to five (5) minutes; 2. Applicant(s) presentations are limited to five (5) minutes; and 3. Resident input is limited to three (3) minutes per individual with a maximum of sixty (60) minutes total. All three are subject to the following statement: Unless otherwise extended by City Council.) Ordinance 1-26 (FLUM25-000009) Second and Final Public Hearing An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida, amending the City of Cape Coral , Florida Comprehensive Plan by amending the Future Land Use Map from Mixed-Use (MX) to Light Industrial (I) for a portion of land lying in Section 30 , Township 43 South, Range 24 East, as more particularly described herein ; and amending the Future Land Use Map from Mixed Use (MX) to Natural Resources/Preserve (PR) Land Use for a portion of land lying in Section 30 , Township 43 South , Range 24 East, as more particularly described herein ; providing for severability and an effective date. Applicant: City of Cape Coral Address: 1009-1303 Kismet PKWY E Acreage: 69 . 99 Acres Request: Amending the current Mixed Use (MX) land use to a proposed Light Industrial (I) City Planning Staff Recommendation: Approval Planning & Zoning Recommendation: Approval City Clerk Bruns read the title of the Ordinance. Councilmember Lehmann returned to the dais at 4:55 p.m. Senior Planner Santora explained the full presentation was available if Council requested a refresher on the request. Mayor Gunter asked Council if they were okay with the backup material in the previous presentation . There were no objections. Councilmember Kaduk left the dais at 4:56 p.m. Public Hearing opened. VOLUME: LXXXI PAGE: 118 MAY 6, 2026 Paula Shulthiess, Coral Lakes resident, voiced concerns with the rezoning being industrial. Would the regulations outlined in the PDP and in the Futu re Land Use Development be followed? What is light industrial going to be? She was opposed to changing this land . Paul Gaywood , Coral Lakes resident, voiced concerns about air quality and light industrial in that area . Julia Ettari expressed concerns. Keith Wolfenden , Coral Lakes resident, voiced concern about air quality. Councilmember Kaduk returned at 5:01 p.m. Public Hea ring closed . Councilmember Kilraine moved, seconded by Councilmember Lastra (for discussion), to adopt Ordinance 1-26, as presented. Councilmember Lastra inquired about light industrial. Senior Planner Santora explained this was a Future Land Use Amendment, not a rezoning , but there will be a subsequent rezoning amendment. • Industrial Zoning District • Intent of t he rezone for industrial section • Buffer in g • Reporti ng issues to Code Enforcement • Expand the light industrial park • Official Site Aerial Map • Separation distance • Farther south • Use table - extension of the existing light industrial area Councilmember Lastra thanked Staff for addressing the citizen concerns . She would support it based on location . She suggested that residents email Counc il. Councilmember Long explained the use table and mentioned the site Is subject to confidential proposals to purchase from the City. City Manager llczyszyn re sponded there was one confidential proposal. Councilmember Long noted this was the same discussion about two proposals and would be voting no . Councilmember Kilraine mentioned the area adjacent to the subject properties and a prior offer on this property. Councilmember Kaduk explained she visited the area , understood the concerns , and would be voting no . I I Councilmember Steinke inqui red if there were any indications if the mulch business would Ibe expanded . Senior Planner Santora responded he did not have knowledge of any business expansion . Councilmember Steinke explained the protective species as the bald eagle nest and developments would need to abide by regulations . Approval or denial would not affect any enda ng ered species . I I I VOLUME: LXXXI PAGE: 119 MAY 6, 2026 Councilmember Kaduk inquired about the Table of Use - light industrial. Senior Planner Santora responded Table 4.1.6 Article 4 - identified use may be permissible . Councilmember Kaduk noted she would vote no. Councilmember Lastra inquired what control Council would have on the intent of use. City Manager llczyszyn explained Council would need to approve the development and sale. Mayor Gunter inquired if transfer stations are considered in the table for industrial use. Senior Planner Santora responded most likely it is but it is an extensive table. Discussion held regarding : • Special Exceptions would go before the Hearing Examiner and not City Council - current standard Councilmember Donnell explained if it gets passed , it has a way to come back and City Council to decide. Council polled as follows: Kilraine, Lastra, Lehmann, Steinke, Donnell, and Gunter voted "aye." Long and Kaduk voted "nay." Six "ayes." Two "nays." Motion carried 6-2. Ordinance 10-26 (TXT26-000002) Public Hearing An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida , amending the Land Development Code of the City of Cape Coral , Florida , Section 1.15. Measurements, as set forth within Article 1, General Provisions; and Section 3.3.6. Administrative Deviations , as set forth within Article 3, Development Review, Chapter 3, Specific Review Procedures- Administrative permits and approvals; and Section 5.1. 12. as set forth within Article 5, Development Standards; Chapter 1, General requirements for all development, regarding height restrictions for both buildings and structures; providing for severability and an effective date. (Brought forward by City Management) City Planning Staff Recommendation : Approval Planning and Zoning Commission Recommendation: Approval City Clerk Bruns read the title of the Ordinance. Planning Team Coordinator Struve explained the following displayed slides : • Ordinance 10-26: Proposed Amendments to Height Regulations • Purpose • Section 1.15 - Measurements and Article 11 - Definitions • LDC , Section 3.3.6. -Administrative Deviations • LDC , Section 5.1. 12 . - General Regulations for lots, yards , setbacks , and height • Recommendations - Staff recommended approval • Correspondence - none Public Hearing opened. No speakers. Public Hearing closed . Councilmember Kilraine moved, seconded by Councilmember Donnell, to adopt Ordinance 10-26, as presented. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Ordinance 17-26 (TXT26-000001) Public Hearing VOLUME: LXXXI PAGE : 120 MAY 6, 2026 An Ordinance of the Mayor and City Council of the City of Cape Coral, Florida, amending the City of Cape Coral, Florida , Land Development Code, by amending Section 5.2 .1., General Requirements, set forth within Article 5, Development Standards, Chapter 2, Accessory Structures; amending Section 5.2.7. , Fences and walls, set forth within Article 5, Development Standards, Chapter 2, Accessory Structures, regarding t he general requirements and restrictions on fences and walls; providing for severability and an effective 1date. (Brought forward by City Management) City Planning Staff Recommendation: Approval Planning and Zoning Commission Recommendation : Approval City Clerk Bruns read the title of the Ordinance . Senior Planner Santora explained the following displayed slides: • LDC Section 5.2.7 : Fences and Walls • Purpose • Sections Affected • Section 5.2 .1 General Requirements • Section 5.2.7 Fences and Walls • Section 5.2 .7 Fences and Walls -Added Language (5 slides) • Fence permitted under proposed code • Section 5.2.7 Fences and Walls -Added Language (2 slides) • Hedge blocking viewscapes , transparent fencing preserving viewscapes • Section 5.2.7 Fences and Walls -Added Language • Recommendation - Approval • Co rrespondence - none • P&Z Recommendation - approval Public Heari ng opened. Julia Ettari voiced opposition to Ordinance 17-26. Public Hea ri ng closed . Councilmember Kilraine moved, seconded by Councilmember Donnell, to adopt Ordinance 17-26, as presented. Councilmember Kilraine requested clarification on the issues raised. Senior Planner Santora explained the pool decks and above ground pool - open structu res . Councilmember Steinke brought up this issue about the retaining walls , potential for conflict in the section ; exception under 5.2.7.3.(d) swimming pools and reflecting pools maximum height restriction of 30 inches. Councilmember Long left the dais at 5:39 p.m . I Senior Planner Santora explained A.d.(4) specific to walls and fences . Code does not 1define a re taining wall. Discussion held regarding : • 5.2 .7. intention • Exceptions • Retaining walls are not required to follow this but need to meet the other requirements • LDC is very expansive • Future Committee of the Whole to discuss retaining walls ; separate topic • Those walls do not need to follow anything in this section • Fall protection requirements I I I VOLUME: LXXXI PAGE: 121 MAY 6, 2026 Councilmember Steinke would not support this Ordinance; fall protection key component. City Attorney Boksner responded if there was no support for this , the second hearing could be reset until the next regular Council meeting. City Manager llczyszyn discussed the concerns of taking rights that are already there and fall protection . Councilmember Steinke commented on fall protection planters. City Manager llczyszyn explained this was to clarify inconsistencies; table it tonight; add another exception . There has to be general understanding . City Attorney Boksner explained : • Reschedule for the next public meeting Senior Planner Santora noted the intent protection around that - specific language could be added. Councilmember Kilraine modified the motion to continue Ordinance 17-26 to a date certain to the next regular Council meeting on May 20, 2026, at 4:00 p. m. in Council Chambers. Councilmember Donnell did not agree and withdrew his second. Councilmember Lehmann seconded the modified motion. Council polled as follows: Kilraine, Lastra, Lehmann, Steinke, Gunter, and Kaduk voted "aye." Long and Donnell voted "nay." Six "ayes." Two "nays. " Motion carried 6-2 . Ordinance 24-26 Public Hearing An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida authorizing t he issuance of not to exceed $110,000 ,000 in aggregate principal amount of Utility Improvement Assessment Bonds (North 1 East Area), Series 2026 , of the City of Cape Coral, Florida for the principal purpose of financing and refinancing t he development, construction and installation of certain potable water, wastewater and irrigation water utility capital improvements within the North 1 East area of the City; pledging special assessment proceeds to secure payment of the principal of, redemption premium , if any, and interest on the bonds ; allowing for the use of net revenues of the City's water and sewer utility system to pay debt service on the bonds or make up deficiencies in the reserve account in the event such special assessment proceeds are insufficient for such purpose; providing for an effective da te. (Brought forward by City Management) City Clerk Bruns read t he title of the Ordinance. Financial Services Director Feast explained this presentation would include the Companion Resolution 96 -26: • Utility Assessments Bonds • Debt Ordinance 24-26 • Companion Resolution 96-26 • Ord inance 24-26 (3 slides) • Resolution 96-26 • Utility Assessment Bonds, Series 2026 Public Hearing opened . Julia Ettari questioned if this was for the future UEP ; why is this being discussed now and not included in the budget. Brady McDonald thanked Council and Staff for all they do. Public Hearing closed . VOLUME : LXXXI PAGE: 122 MAY 6, 2026 Counci/member Kilraine moved, seconded by Councilmember Donnell, to adopt Ordinance 24-26, as presented. Councilmember Lastra requested explanation of generational debt, not to exceed , final bidding and pricing in June. Director Feast explained : • Not to exceed is $110,000 ,000 • Cost to issue the debt to fund • Provided schedule - preliminary numbers • Debt proceeds • Price later - pricing schedul~d for mid-June • Why not do this all at once • Paper debt • Issuance assessing bonds - repayment of assessment • Special obligation debts - why not pay cash instead • Those who use it now and would use in the future to pay for the debt - spreading it out allows for all to pay their share of the debt Councilmember Kilraine commented: • Schedule future debt • Allows for additional residents to move in • Commercial paper route Councilmember Kaduk commented: • Not to exceed buffer for interest rates • Why June Director Feast explained : • Does not need to be June • Can be postponed if timing not favorable Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Resolution 96-26 Public Input A Resolution of the Mayor and City Council of the City of Cape Coral, Florida, authorizing the issuance by the City of Cape Coral, Florida of not exceeding $110 ,000,000 in aggregate principal amount of utility improvement assessment bonds (North 1 East Area) , Series 2026 in order to finance and refinance the development, construction and installation of certain potable water, wastewater and irrigation water utility capital improvements within the North 1 East Area of the City; pledging the proceeds received by the City from special assessments upon real property benefited by such improvements to secure payment of the principal of and I I interest on said bonds; providing for the use of net revenues of the City's water and sewer 1utility system to pay debt service on the bonds or to make up an deficiencies in the reserve account in the event the special assessments are insufficient for such purpose; providing for the rights of the holders of said bonds; making certain other covenants and agreements in connection with such bonds; authorizing a negotiated sale of said bonds; delegating certain authority to the City Manager and the Financial Services Director for the authorization , execution and delivery of a bond purchase agreement with respect thereto, and the approval of the terms and details of said bonds; appointing the paying agent and registrar for said bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect to such bonds; authorizing the execution and delivery of a continuing disclosure certificate; delegating certain authority to the City Manager and the Financial Services Director to determine whether to utilize municipal bond insurance I I I VOLUME: LXXXI PAGE: 123 MAY 6, 2026 for the bonds, the reserve account requirement, if any, the reserve account insurance provider, if any, and certain other matters; and providing for an effective date for th is resolution. (Brought forward by City Management) City Clerk Bruns read the title of the Resolution. Public Hearing opened . Kyle L'Hommedieu inquired about the UEP and paying costs for everyone to have a non- solid concrete driveway. He questioned why he is paying more as his lot is deeper. Public Hearing closed. Councilmember Kilraine moved, seconded by Councilmember Kaduk, to approve Resolution 96-26, as presented. Councilmember Kaduk inquired about if it was more cost effective for th em to do the casing pipe outside of the driveway. City Manager llczyszyn explained they have refined the UEP assessments fo r decades , finding the least expensive way for residents. What is assessed to the homeowners is the cost of t he project. Boring under is a more efficient way, costs borne by everyone in the project. Each project stands alone . Discussion held regarding : • Assessment is based on the size of the lot • Reason for using square footage Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Ordinance 25-26 Public Hearing An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida, authorizing the issuance of not to exceed $100,000 ,000 in aggregate principal amount of Water and Sewer Revenue Bonds, Series 2026, of the City of Cape Coral , Florida to finance and refinance costs of the acquisition , construction and equipping of various capital improvements to the City's water and sewer utility system ; pledging the herein described pledged funds to secure the payment of the principal of, redemption premium , if any, and interest on such bonds; providing for certain rights of the holders of such bonds ; and providing an effective date. (Brought forward by City Management) City Clerk Bruns read the title of the Ordinance . Financial Services Director Feast explained the presentation will cover Ordinance 25-26 as well as its Companion Resolution 105-26. She displayed the following slides : • Water and Sewer Revenue Bonds • Debt Ordinance 25-26 • Companion Resolution 105-26 • Ordinance 25-26 (3 slides) • Resolution 105-26 • Water and Sewer Revenue Bonds , Series 2026 Public Hearing opened . Joe Angris a no voiced opposition to Ordinance 25-26 . Disruption by attendee(s) Recessed at 6:26 p.m. and reconvened at 6:40 p.m. Anne Berchtold voiced opposition to City debt. VOLUME: LXXXI PAGE : 124 MAY 6, 2026 Julia Ettari voiced opposition to City debt. She suggested residents only pay for water not driveways or sidewalks . Resident voiced opposition to the $500M UEP cost and discussed First Amendment rights . Public Hearing closed . Councilmember Kilraine moved, seconded by Councilmember Donnell, to adopt Ordinance 25-26, as presented. Councilmember Kaduk explained the special assessment area is specific to that area . No interest rates listed on the documents, as we do not know what the interest rate would be . Options are to pay upfront or pay in taxes. Councilmember Donnell explained infrastructure process ; follow history 2007 to present; changes to lessen the burden ; cost would continue to increase. Need to work together to make it work; there is no easy way; need to figure it out to move forward. City Manager llczyszyn explained : • Administration is required to receive approval from City Council to issue debt • Finance certain improvements in the City. • Resolutions would grant authority to negotiate with fi nancial consultants • Terms we would use to finance • Cannot stack them I • $110Mwasforthe UEP North 1 East • $1 QOM is to fund these specific projects I• Various utility capital improvements required to be constructed in the North 1 East area as part of the Utility Expansion Project • Two 5-MG Irrigation Booster Tanks • Judd Creek Water and Sewer Extension Lines • Reservoir Waterline and Pump Station • Cost to be shared by everyone Councilmember Steinke explained municipal bonds require to be shopped , no exact interest ra te attached to it. You can pay for the assessments yourself. Everyone paid for the water and sewer at one point. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye. 11 Eight "ayes. 11 Motion carried 8-0. Resolution 105-26 Public Input A Resolution of the Mayor and City Council of the City of Cape Coral, Florida, supplementing Resolution No . 98-86, as previously amended and supplemented; authorizing the issuance of not to exceed $100 ,000 ,000 in aggregate principal amount of water and sewer revenue bonds, series 2026 , the proceeds of which will be used to finance and refinance costs of the acquisition , construction and equipping of various capital improvements to the City's water and sewer utility system ; making certain other covenants and agreements in connection with the issuance of such bonds; authorizing a negotiated sale of said bonds; delegating certain authority to the City Manager and the Financial Services Director for the authorization , execution and delivery of a bond purchase agreement with respect thereto and the approval of the terms and details of such bonds; appointing the paying agent and registrar fo r said bonds; authorizing the distribution of a preliminary official statement and the execution and delivery of an official statement with respect thereto ; authorizing the execution and delivery of a contin u ing disclosure certificate; delegating certain authority to the City Manager and the Financial Services Director to determine whether to utilize municipal bond insurance for the bonds , the reserve account requirement, if any, the reserve account insurance provider, if I I I I VOLUME: LXXXI PAGE: 125 MAY 6, 2026 any, and certain other matters; and providing for an effective date for this resolution. (Brought forward by City Management) City Clerk Bruns read the title of the Resolution . Previous presentation incorporated Resolution 105-26. Public Hearing opened . Bruce Goedde commented on the principal amount and interest of the deb t. Public Hearing closed. Councilmember Kilraine moved, seconded by Councilmember Lastra, to approve Resolution 105-26, as presented. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Ordinance 26-26 Public Hearing - WITHDRAWN BY APPLICANT An Ordinance of the Mayor and City Council approving the Consent to Assignment and Assumption of Lease Agreement and Estoppel Certificate, to assign the Lease Agreement from PPW Cape Coral, LLC , to Ripley's Sun Splash Waterpark, LLC , a Delaware limited liability company, relating to property owned by the City of Cape Coral , Flor id a, located at 400 Santa Barbara Boulevard , known as Sun Splash Waterpark; authorizing the City Manager or their designee to execute the Consent to Assignment of Lease Agreement, Estoppel Certificate and any and all related documents; providing for severability and an effective date. (Brought forward by City Management) Last Call for Comment Cards Introductions Ordinance 8-26 Set Public Hearing for May 20 , 2026 An Ordinance of the Mayor and City Council of the City of Cape Coral , Flor id a, amending the City of Cape Coral , Florida , Land Development Code, by repealing Section 3.3. 10 , Special Events, which is set forth within Article 3, Development Review, Chapter 3, Specific Review Procedures-Administrative Permits and Approvals; amending the City of Cape Cora l, Florida , Code of Ordinances , Chapter 12 ½, Parks and Recreation , by creating a new Article II, Special Events, Section 12 ½ - 10 , Special Events , pertaining to the regulation of special events in the City; providing for codification and resolution of conflicting laws; providing for severability and an effective date. (Brought forward by City Management.) Parks and Recreation Recommendation : Approval Planning and Zoning Commission Recommendation : Approval City Clerk Bruns read the title of the Ordinance. The public hearing was scheduled for May 20 , 2026 , in Council Chambers . Ordinance 19-26 (TXT26-000009) Set Public Hearing for May 20 , 2026 An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida , amending the City of Cape Coral , Florida , Land Development Code , by amending Section 3.1 .3 ., Development Approval Process; Table 3.1 .3 ., set forth within Article 3, Development Review, Chapter 1, Development Review Procedures ; amending Section 3.6.1 ., Outdoor Display of Merchandise, set forth within Article 3, Development Review, Chapter 6, Other Approvals; and amending Section 5.9.3 . Outdoor Display of Merchandise, set forth within Article 5, Development Standards, Chapter 9, Temporary Uses, regarding the decision- making authority of outdoor display of merchandise; providing for severability and an effective date. (Brought forward by City Management.) City Planning Staff Recommendation: Approval Planning and Zoning Recommendation : Approval City Clerk Bruns read the title of the Ordinance. VOLUME: LXXXI PAGE: 126 MAY 6, 2026 The public hearing was scheduled for May 20 , 2026 , in Council Chambers. Ordinance 22-26 (RZN25-00001 O*) Set Public Hearing for May 20 , 2026 *Quasi-Judicial , All Persons Providing Testimony Must Be Sworn In An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida , that amends the City of Cape Coral, Florida Official Zoning District Map of all property within the limits of the City of Cape Coral , by rezoning property described as parcel of land located within Lots 9, 10 , and 11 , Block 350 , Cape Coral Unit 7, as more particularly described herein , from Residential Multi-Family Low (RML) to South Cape (SC) zone ; property located at 1620 SE 46th Street; providing for severability and an effective date. Applicant: BPMP Consulting Inc Address : 1620 SE 46th St Acreage: 0.41 Acres Request: This is a privately initiated request for re-zoning. The applicant has requested re-zoning from the current Residential Multi-Family Low (RML) zoning to a proposed South Cape (SC) zoning for ( 1) parcel totaling+/- 17 ,989 SF or 0.41 Acres . City Planning Staff Recommendation: Approve Hearing Examiner Recommendation : Approve City Clerk Bruns read the ti tle of the Ordinance. The public hearing was scheduled for May 20 , 2026 , in Council Chambers . I Ordinance 23-26 (RZN24-000014*) Set Public Hearing for May 20, 2026 I*Quasi-Judicial, All Persons Providing Testimony Must Be Sworn In An Ordinan ce of the Mayor and City Council of the City of Cape Coral , Florida, that amends the City of Cape Coral , Florida Official Zoning District Map of al l property with in the limits of t he City of Cape Coral , by rezoning property described as parcels of land located within Lots 9 through 14 , Block 3230 , Cape Coral Unit 66 , as more particularly described herein , from Professional Office (P - 1) to Commercial (C) zone ; property located at 1513 Gleason Parkway; providing for severability and an effective date. Applicant: Courtney Neuhausel Address: 1513 Gleason Pkwy Acreage : 28 ,938 Sq . Ft. Request: The applicant requests a rezone from Professional Office (P-1 ) to Commercial (C) for one property totaling 28 ,938 sq. ft. The parcel has retained the Commercial/Professional (CP ) since the adoption of the Comprehensive Plan in 1989. Hearing Exam iner Recommendation : Approval City Clerk Bruns read the title of the Ordinance. The public hearing was scheduled for May 20 , 2026 , in Council Chambers . Ordinance 27 - 26 Set Public Hearing for May 20 , 2026 An Ordinance of the Mayor and City Council of the City of Cape Coral , Florida, authorizi ng the issuance of not to exceed $65 ,000 ,000 in principal amount of bonds to finance and Irefinance the acquisition , construction and equipping of various cap ital improvements within the City ; providing fo r a covenant to budget and appropriate lega lly available non- ad valorem revenues to pay debt service on the bonds ; providing fo r the rights of the holders of such bonds ; and providing severability and an effective date. (Brought forward by City Management) City Clerk Bruns read the title of the Ordinance . The public hearing was scheduled for May 20 , 2026 , in Council Chambers. I Councilmember Kaduk requested a breakdown of the projects . Director Feast explained : • Jaycee Park $1 BM • Golf course irrigation $2 .5M-$3M estimate • North 1 West Transportation Project $14M estimate • Seawall improvements - Yacht Club - $22-23M estimate • Revenues VOLUME: LXXXI PAGE: 127 MAY 6, 2026 • Debt issued based on a covenant to appropriate using non-ad valorem • Six cents gas tax pays for the North 1 West Transportation Project • General Fund Jaycee Park and seawall project • Golf Course responsible for debt service on irrigation project Councilmember Kaduk inquired why this action would not result in a Budget Amendment. Director Feast explained : • Funding was budgeted then and it is a capital project and rolls forwa rd, same goes for all the other projects . CITIZENS INPUT TIME Zenobea Love requested that the Rowing Club be brought back up on the agenda . Teyali Love requested that the Rowing Club be brought back up on the agenda. Gary Eldred voiced concerns about the median at the intersection of Cape Cor al Parkway and Del Prado Boulevard not being maintained . He expressed apprecia ti on having the decorative lights on Cape Coral Parkway and quick responses from Counci l. I John Miehle voiced support for the Rowing Club at Tropicana Park. Ginny Bunch voiced support for the Rowing Club at Tropicana Park. Annette Warren appeared on behalf of her husband , Chuck Warren , and Coral Ridge Funeral Home and Cemetery. She invited Council and all members of the community to the event at the Coral Ridge Funeral Home and Cemetery to honor our fa ll en heroes on Memorial Day, May 25 , 2026 . Following the ceremony, they will proceed to Brotherhood of Heroes Veterans Museum for their Memorial Day Program. Flags in Day Ceremony on Saturda y, May 23 rd at 9:00 a.m. Ed Ramos voiced concerns with the termination of the CCCIA MOU . Lissett Fiallo voiced concerns with podium placement at meetings ; discussed freedom of speech ; and Code compliance concerns . Christina Bryne voiced support for the Rowing Club. Resident voiced concerns with First Amendment rights ; discussed the U.S. Constitution ; expressed concern for property tax increases. I Disruption by attendee(s) Recessed at 7:49 p.m. and reconvened at 8:06 p.m. Nolan Balla voiced support for the Rowing Club and requested that the t op ic be brought up for reconsideration . Maegan McManus voiced support for the Rowing Club. David Mulicka voiced support for the Rowing Club and request ed recons ideration . VOLUME: LXXXI PAGE: 128 MAY 6, 2026 Joe Angrisano listed the primary complaints enforced by Code Enforcement. Councilmember Lastra moved, seconded by Councilmember Kaduk, to extend Citizens Input for 15 more minutes. Council polled as follows: Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Kilraine voted "nay." Seven "ayes." One "nay." Motion carried I7-1. Katie Thompson voiced support for the Rowing Club . Kyle L'Hommedieu voiced concerns about the rules and procedures. He voiced support for the Rowing Club. Julia Etta ri voiced support for the Rowing Club ; she objected to the flag ; when did this go out to the public? Park given without due process . Jaycee Park has no trees. Jeff Lockhart voiced support for homeless shelters and inquired if this cou ld be done at the industrial park; supported the Rowing Club; had concerns about the budget and how the Budget Review Committee was sunsetted; and concerned about the UEP assessment. Kellon Suriyalena shared his experience with the Rowing Club and voiced his support. Councilmember Steinke commented : • Those in need in our community • Strategic Planning meeting for next 5 years • Mental health and second hospital were primary items • Code violations • Public Request for records for proactive and citizen-initiated cases • State Statute for compliant requirements • Follow rules not two-way conversation during Citizens Input • Supports U.S. Constitution • Podium moved due to safety concerns Councilmember Lehmann commented : • Working on solution for Rowing Club - met with Saundra Weston Councilmember Lehmann moved to bring up the Rowing Club at next week's Committee of the Whole for discussion. Councilmember Lastra explained she was going to request a second to work on options for the Rowing Club on a temporary basis. Motion died for lack of a second. Mayor Gunter explained that it would be beneficial to have options and have Staff come up with an alternative plan . I Discussion held regarding : I• Reconsideration from Councilmembers who could entertain it (Councilmembers Kilraine , Long , Lehmann , and Mayor Gunter) • Suggested to shorten the lease, let them use it, give direction to Staff to find a permanent home • Alternatives other than Tropicana Park • City Administration to identify all viable alternatives Councilmember Kilraine moved, seconded by Councilmember Lehmann, to direct the City Manager to identify all potential options for the Rowing Club, including a I I I VOLUME: LXXXI PAGE: 129 MAY 6, 2026 shorter timeframe at Tropicana Park and all other potential viable options to be presented at a COW for discussion. Discussion held regarding : • Cryst al Lake and Dragon Boaters • North Spreader at Crystal Lake option • Other options discussed Councilmember Donnell commented to give them 2 or 3 years as noth i ng is going to happen there yet. Councilmember Kilraine called the question, seconded by Councilmember Steinke. Council polled as follows: Kilraine, Lastra, and Steinke voted "aye. 11 Lehmann, Long, Donnell, Gunter, and Kaduk voted "nay. 11 Three "ayes. 11 Five "nays. 11 Motion failed 3- 5. Mayor Gunter was not in support of placement of the Rowing Club at Tropicana Park. Councilmember Kilraine suggested taking Tropicana off the table and come up with Plan B. Councilmember Kilraine amended the motion to come up with Plan B for the Rowing Club but not at Tropicana Park. Councilmember Lehmann provided the second. Councilmember Long voiced his concern with the motion change to remove Tropicana Park. Councilmember Kaduk requested that Council review backup materials for Resolution 102-26 as it lists the strategic plan alignment with a "yes" for high quality amenities; moving the Rowing Club would be going against the strategic plan and wasting money moving them to a different park. Council member Steinke commented about the intent of the motion with options . Councilmember Donnell left the dais at 9: 02 p.m. Councilmember Lastra noted the ultimate goal was the need for the Rowi ng Club to have a permanent home. Councilmember Long noted that if we are discussing Crystal Lake as the alternative option , then state that to avoid misdirection to Staff. Mayor Gunter inquired if there were viable options at Crystal Lake . City Manager llczyszyn commented: • Trop icana contractor was there at Crystal Lake when he visited the site with Councilmember Lehmann Councilmember Donnell returned to the dais at 9:06 p.m . Discussion held regarding: • Careful with too broad of approach • Crystal Lake needs to determine if a viable option • Taxpayers paying for this • Crystal Lake versus the top of the Spreader • Dragon Boat only needs storage space • Rowi ng Club height above water to carry boats • Making the right move for the City • Projections not viable to stay in the current location • No other options than Crystal Lake • Developers were fine with 3 months • Potential future boat traffic Councilmember Long commented : • Did not condition his vote based on tonight's discussions • Moving to Crystal Lake and City footing the bill - not in support VOLUME: LXXXI PAGE: 130 MAY 6, 2026 • Spend more money at another park - will switch my vote and do Tropicana • Never supported the Rowing Club at Tropicana Councilmember Lehmann commented : • Donors wi lling to pay to move to Crystal Lake • Top of the North Spreader • Not have City spend more money • Working on this Councilmember Lastra commented: • Liability concerns • Moving dock by contractor • Did not see how we would not be investing money • Concerned about spending additional money • Wants to have a permanent home • Did not know how Crystal Lake would work if we do not invest money Council polled as follows: Kilraine, Lehmann, Long, Steinke, and Gunter voted "aye." Lastra, Donnell, and Kaduk voted "nay." Five "ayes." Three "nays." Motion carried 5-3. REPORTS OF THE MAYOR AND COUNCIL MEMBERS Councilmember Steinke - Topics : No report Councilmember Donnell - Topics: No report Councilmember Kaduk - Topics: • 4/23 Attended Youth Council sponsored thank you event at Nice Guys • 4/24 Presented for the Junior Leadership Class in Council Chambers along with Senator Martin and Staff from Byron Donalds' Office • 4/27 Attended Government Affairs Committee Meeting , Chamber of Commerce • 4/28 Attended Chicken Salad Chick event • 4/30 Sponsored a table for Dress for Success • 5/1 Filmed a TV segment at Jaycee Park , how did this project move ahead of other projects , approved by GO Bond , taking on additional public debt, formally requested a full accounting on expenses for Jaycee Park, add a column in there for the May 9th event, and what the projected maintenance cost will be going forward , and also in the same spirit of transparency and accountability , wanted to also address other items such as the Bimini East proposal , process concluded on October 30, 2025 , cone of silence , extended period of time , requested update, when can Counci.

Commissioner I I I MINUTES FOR THE REGULAR MEETING OF THE CAPE CORAL CITY COUNCIL May 6, 2026 Council Chambers Meeting called to order by Mayor Gunter at 4:01 p.m. INVOCATION/MOMENT OF SILENCE - Mayor Gunter PLEDGE OF ALLEGIANCE - Mayor Gunter VOLUME: LXXXI PAGE: 109 MAY 6, 2026 4:00 p.m . Roll Call: Mayor Gunter, Counci lmembers Donnell , Kaduk, Kilraine, Lastra , Lehmann , Long , and Steinke were present. CHANGES TO AGENDA/ADOPTION OF AGENDA Mayor Gunter inquired if there were any changes to the agenda . City Manager llczyszyn requested from City Management on behalf of the applicant to withdraw Item 9.b.8. Ordinance 26-26 . There were no other changes. Councilmember Kilraine moved, seconded by Councilmember Steinke, to adopt the agenda, as amended. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. RECOGNITIONS/ACHIEVEMENTS Presentation for City of Cape Coral Student of the Month Mayor Gunter recognized the following students from local high schools: • CAPE HIGH - Maverick Bai ley • MARINER - Yenisleidy Diaz Community Recognition Award: Brooke Bunch & Sofia Mayus - Florida Scholastic Rowing Association Sweep Champions City Manager llczyszyn presented a Community Recognition Award to Brooke Bunch & Sofia Mayus who competed in the Florida Scholastic Rowing Association Sweep Championship , where they took home the State title . APPROVAL OF MINUTES Regular Meeting -April 15 , 2026 Councilmember Kilraine moved, seconded by Councilmember Steinke, to approve the minutes for the April 15, 2026, Regular Meeting, as presented. Voice Poll: All "ayes." Motion carried. BUSINESS CONSENT AGENDA 1) Resolution 50-26 VOLUME: LXXXI PAGE: 110 MAY 6, 2026 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , that Amends Resolution 41-24, Which Awarded Bid No. BPW23123MR for the Purchase and Delivery of Ready-Mix Concrete for Various Grant and Non-Grant Funded Projects Throughout the City; Authorizing the Additional Purchase and Delivery of Ready-Mix Concrete for Florida Department of Transportation (FOOT) Grant Related Projects to QE Concrete , LLC , and Additionally Authorizing the Pu rchase and Delivery of Ready-Mix Concrete to those Non-Grant Related Projects to both QE Concrete , LLC and Jot & Tittle Concrete , LLC , in an Annual Amount of $550 ,000 , Not to Exceed Budgetary Limits , Based Upon the Lowest Price , Lead Time , and Order Requirements ; Authorizing the City Manager or Their Designee to Execute Purchase Order(s) and Any and All Other Related Documents; providing for an effective date. Department: Public Works Annua l Dollar Value: $550 ,000 Fund : Funding will be specified as purchase orders are processed . Duration: Contract ends on February 11 , 2027 Procurement Methodology: N/A 2) Resolution 60-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , continuing the existence and functions of the Transportation Advisory Commission and the Youth Council ; providing for an effective date. Department: City Clerk Dollar Value: N/A Fund : N/A Du ration : Expires July 1, 2028 3) Resolution 89-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , Approving Contract No. PPW263MR with Genuine Parts Company Doing Business As NAPA Auto Parts , in Accordance with Hillsborough County Sheriff's Office Master Agreement No . RFP2024-017 , for Fleet and Facility Vendor Managed Inventory Integrated Business Solutions to Obtain Vehicle and Equipment Repair Parts , for an Annual Amount of $2 ,300 ,000 , Not to Exceed Budgetary Limits ; Authorizing the City Manager or Their Designee to Execute the Contract, Purchase Order(s) , and Renewal(s) ; providing for an effective date . Department: Public Works Dollar Value: $2 ,300 ,000 Fund: Fleet Maintenance (Internal Service Fund) Duration : Commences when contract is approved through September 16 , 2029 , with an option to renew for up to two additional five-year period Procurement Methodology: Piggyback 4) Resolution 95-26 I I A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , approving the Federal Financial Assistance Subrecipient Agreement between the 1Florida Department of Agriculture and Consumer Services , Division of Administration and the City of Cape Coral , Florida ; authorizing and accepting grant funds int he amount of $50 ,000 from Florida Department of Agriculture and Consumer Services , Division of Administration , in order to retain a consultant to obtain the necessary date and information for the creation of a Citywide GIS tree inventory software ; authorizing the City to provide a matching contribution in the amount of $50 ,000 ; authorizing the City Manager or their designee to execute the Agreement and any and all documents related to this specific grant award; providing for an effective date. Department: Public Works I I I VOLUME: LXXXI PAGE: 111 MAY 6, 2026 Dollar Value: $100,000 (Grant Award of $50,000; City Match of $50 ,000) Fund: General for the match Source: FDACS Grant Duration: Date of grant execution through June 30 , 2027 5) Resolution 99-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , approving the First Amendment to Lease Agreement between Zelazny Properties , LLC , a Florida limited liability company and the City of Cape Coral , a Florida municipal corporation , for use by the City of a portion of the building owned by Zelazny Properties, LLC, property located at 1031 SE 9th Place, Unit 1; authorizing the City Manager or their designee to execute the First Amendment and any other related documents; providing for an effective date. Department: Public Works / Real Estate Division Dollar Value : Estimated $298 ,152. 00 * the initial three-year term (*includes estimated CAM fees) Fund: Stormwater Fund Duration: Three-year term with an option to renew for an additional term up to three years 6) Resolution 107-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , approving the Economic Development Incentive Participation Agreement between the City of Cape Coral , Florida , and Architectural Metal Flashings, LLC , regarding the expansion of an existing manufacturing facility ; authorizing a Business Infrastructure Grant award to Architectural Metal Flashings, LLC , in the amount of $132 ,862 ; authorizing the City Manager or their designee to execute the Agreement, any other related documents, and provide grant funds to Architectural Metal Flashings, LLC , in an amount not to exceed $132,862 ; providing for an effective date. Department: City Manager - Economic and Business Development Office Dollar Value: $132 ,862. 00 Fund: Economic Development Incentives 7) Resolution 108-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , approving the Economic Development Incentive Participation Agreement between the City of Cape Coral , Florida and Cape Coral Real Estate, LLC , regarding the construction of a commercia l building; authorizing a Business Infrastructure Grant award to Cape Coral Real Estate, LLC , in the amount of $221 ,914 ; authorizing the City Manager or their designee to execute the Agreement, any other re lated documents and provide grants funds to Cape Coral Real Estate, LLC , in an amount not to exceed $221 ,914; providing for an effective date. Office: City Manager; Economic and Business Development Office Dollar Value : $221 ,914.00 Fund: Economic Development Incentives 8) Resolution 110- 26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , approving the Grant Agreement between State of Florida Department of Environmental Protection and the City of Cape Coral , Florida , to provide grant fund i ng for the North 1 UEP - Contracts 8, 9, and 10 Catch Basin Modifications; accepting grant funding in the amount of $1 ,388 ,907.50 from the Florida Department of Environmental Protection , for the North 1 UEP - Contracts 8, 9, and 10 Catch Basin Modifications, no matching funds required by the City; authorizing the City Manager or their designee to execute the Grant Agreement and any and all related documents specific to this grant award ; providing an effective date. Department: Public Works Dollar Value : $1 ,388 ,907. 50 (Grant Award) Fund: Stormwater Capital Projects VOLUME : LXXXI PAGE: 112 MAY 6, 2026 Source: Department of Environmental Protection (DEP) State Water Quality Assistance Grant (SWAG) Duration : Construction Substantial Completion in December 2027 Procurement methodology: N/A 9) Resolution 111-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , authorizing the direction issued by the Mayor and City Council to the City IAdministration for those items that were presented at the Committee of the Whole meetings held on March 11 , 2026 , April 8, 2026 and April 22 , 2026 ; providing for an effective date. Department: City Clerk Dollar Value : N/A Fund : N/A 10) Reso luti on 113-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , Awarding Bid No . BPW2647KMR to Southern Striping Solutions, LLLC , for the Ceitus-Orchid-SW 22nd Terrace Sidewalk Improvement Project; Approving Contract No. BPW2647KMR Between the City of Cape Coral, Florida and Southern Striping Solutions, LLLC , for the Ceitus-Orchid-SW 22nd Terrace Sidewalk Improvement Project , in the Amount of $1,295,603 .30; Providing for Approval of City-Controlled Contingency in the Amount of $64 ,780 . 17 ; Authorizing the City Manager or Their Designee to Execute the Contract, Pu rchase Order(s ), and Certain Change Order(s) ; providing for an effective date. Department: Public Works Dollar Value: 1 ,3 60 ,383.47 Fund: Transportation Capital Projects Duration : 180 calendar days after the Notice to Proceed is issued IProcurement Methodology: Competitive Solicitation - Invitation to Bid 11) Reso lu tion 114-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , Approving Amendment No. 1 and Renewal No. 1 to Contract No. SVCM2588SH with Poerio Consulting , Inc ., to Provide Lean Government Consulting and Implementation Services to Streamline and Simplify City Processes , for an Annual Amount of $165 ,000 ; Authorizing the City Manager or Their Designee to Execute the Renewal, Future Renewal(s) , Purchase Order(s) and Any Other Related Documents; providing for an effective date. Department: City Manager's Office Annual Dollar Value : $165,000 Fund: General Fund Duration : One Year Renewal until April 17 , 2027 , with an additional one-year period Procurement Methodology: Amendment and Renewal of Contract #SVCM2588SH per Section 4 and Section 12 of the contract 12) Resolution 115-26 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , authorizing the City Manager, or their designee, and the City Attorney , or their 1designee, to jointly authorize and approve those indemnification and hold harmless agreements with property owners , or other individuals , entities , or associations , on behalf of the City and its governmental operations, for the purpose of constructing improvements in public utility or drainage easements on behalf of the City as may be legally required pursuant to the City of Cape Coral , Florida , Code of Ordinances or the City of Cape Coral, Florida , Land Development Code ; providing for an effective date. Department: Development Services, Public Works , and Utilities Do ll ar Value : N/A Fund : N/A Source: N/A I I I Duration: N/A Procurement methodology: N/A 13) Resolution 116-26 VOLUME: LXXXI PAGE: 113 MAY 6, 2026 A Resolution of the Mayor and City Council of the City of Cape Coral , Florida , authorizing a $149 ,904 .98 increase to Purchase Order No . 26502104 with Guymann Construction , Inc. , for the Replacement of a 20-lnch Potable Water Main Along Trafalgar Parkway, to Include the Repair or Replacement of Nearby Valves ; Authorizing the City Manager or Their Designee to Execute the Necessary Documents to Increase Purchase Order No. 26502104 from $99,996 .34 to $249 ,901.32; providing for an effective date. Department: Utilities Dollar Value: $249,901 .32 (increase of $149 ,904.98) Fund: Water and Sewer Duration : 180 Calendar Days Procurement Methodology: Section 2-144(b) - Quotes Mayor Gunter asked if anyone wanted to pull any items. Mayor Gunter pulled 8(a)(12) Resolution 115-26. Councilmember Kaduk pulled 8(a)(2) Resolution 60-26. There were no other items pulled . Councilmember Steinke moved, seconded by Councilmember Donnell, to approve 8(a)(1) Resolution 50-26, 8(a)(3) Resolution 89-26, 8(a)(4) Resolution 95-26, 8(a)(5) Resolution 99-26, 8(a)(6) Resolution 107-26, 8(a)(7) Resolution 108-26, 8(a)(8) Resolution 110-26, 8(a)(9) Resolution 111-26, 8(a)(10) Resolution 113-26, 8(a)(11) Resolution 114-26, and 8(a)(13) Resolution 116-26, as presented. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Councilmember Kaduk pulled the item for discussion to inquire about the purpose of having this as City Council sits on the Transportation Advisory Commission and Youth Council is an advisory board . Discussion held regarding : • Repealing this moving forward Councilmember Steinke moved, seconded by Councilmember Kilraine, to approve 8(a)(2) Resolution 60-26, as presented. Council polled as follows: Kilraine, Lastra, Lehmann, Long, Steinke, Donnell, Gunter, and Kaduk voted "aye." Eight "ayes." Motion carried 8-0. Mayor Gunter pulled the item for discussion to inquire about the purpose Subsection D which incorporated the City Manager and his staff for his approval and City Attorney and his staff for approval. This was generated from the City Attorney's Office due to inconsistency. Th is is a staff requirement and issue to be resolved . Looking for clarity. City Attorney Boksner explained this is a legal document; it does not alter the process, just identifying who is legally responsible ; City Council has identified the City Manager or their designee or City Attorney or their designee responsible for ensuring the legal requirements of this document has a full force in effect of the law - best practices . Discussion held regarding : • Simple form filled out; signed by applicant; Lee County recording ; submitted to City • Legacy documents; shifting in the law VOLUME: LXXXI PAGE: 114 MAY 6, 2026 City Attorney Boksner recommended this process - identify who executes the document by City Manager's Office and City Attorney's Office. Discussion continued : • Articulate a form in writing to generally apply • Provide uniformity City Manager llczyszyn commented to continue the process as it exists today. Mayor Gunter

• City Council – Regular Meeting — Minutes