City pauses North 3 UEP
Repeals assessment resolutions
The city of Cape Coral has officially paused the North 3 Utility Expansion Project.
The Cape Coral City Council repealed three resolutions for the wastewater, irrigation, and potable water initial assessments on Monday.
Council previously approved the resolutions, and then vote to pause the project after public outcry. The vote to repeal was the legal step needed to halt the project and the related assessments on affected property owners.
The project now must go back out for bid.
City Manager Michael Ilczyszyn said Resolution 311-26, 312-26 and 313-26 wer all related to the assessment portion of North 3 UEP, which is done under the design, bid, build phase.
The assessment is also part of the process, as there needs to be financial backing for the bonds issued to pay for the project.
“After the initial assessment, we had a COW meeting. The consensus was to suspend the project. This is rescinding the initial assessment. Between the initial and final assessment, there are a series of things that need to take place to become a legally valid assessment,” Ilczyszyn said. “This is necessary to stop the assessment portion. When we move forward with North 3, we have to restart that aspect with a whole new assessment.”
The council gave staff direction to stop the enhanced roadway component for a portion of the project — “Alternative 5” — which would put the roads back as they are now without the roundabouts and other upgrades that would have required a higher assessment on affected properties.
Alternative 5 called for a 24-foot roadway, providing a little more room for vehicles, trailers, and delivery trucks, with 10-foot multi-use path on both sides instead of the typical 20-foot roadway lined with a 5-foot sidewalk.
Alternative 5 had new support but without asking property owners to pay for it in addition to their UEP assessment.
Councilmember Rachel Kaduk, who pulled the three resolutions for council discussion, said no one has courted her on this, but she has had a change of heart on the upgrades.
“I was of the majority for option three, go back to the redesign. I don’t agree with that. Why? We are trying to develop a city,” she said. “I went to Tropicana Park where we were invited to the Seven Islands presentation. I see the vision and with that I don’t think we can redesign and go back to what is there. We have the opportunity to make it right.”
Kaduk said they need to find $17.3 million in non-assessed fees for the roadway upgrades when the project comes back to council.
“We can find the funds – to make this right and not assess the residents to doing the right roads. It’s a transformational project. We should have multi-use paths,” she said. “We need the roundabouts, multi-use paths.”
If the City Council did not support the rescinding of the three resolutions, Ilczyszyn said the assessments still would be legally deficient.
“We still have to start these over. We still have to restart the assessment with new direction,” he said.
Kaduk said Alternative 5 would transform the city in the proper way rather than putting back what they have. She said she supports the alternative as long as non-assessed transportation fees pay for it as was originally discussed.
The contractors have been notified and the bids have been canceled, with a request to extend the bids for 120 days.
“On the contract path, if the new council wants to keep the Alt 5 with the roundabouts, we are also trying to salvage that for them, if possible,” Ilczyszyn said.
Assistant City Manager Mark Mason said two winning bidders said they would extend, but have not given a time period. Two have not returned with a yes or no, and two contracts were pulled off the streets, he said.
Mayor John Gunter said he will support all three of the resolutions because the city has to start the process over.
“The new council will have the benefit; they will know if Amendment 3 passes. We didn’t have that benefit; they will. That can be a game changer either way. Let them start the process over again, see what the cost will be,” he said.
Kaduk said everyone should be thrown back into the pot – east side of Burnt Store Road, and the west side of Burnt Store Road.
Councilmember Bill Steinke said what was discussed was a little deceiving.
“The math was done differently from east to west because of population. The people on the east are going to pay more because the people on the west can pay less. That is going to happen now to recalculate so everybody pays the same,” he said. “The math has to be done again and the math to level the assessment among all members – the east is going to go up to allow the west to come down. The rest of Cape can pay for enhancements.”
Kaduk reiterated that they will find the money for the non-assessed transportation fees.
She received support to prepare the next Council workshop with the inclusion of Alternative 5 with non-assessed fees, as well as other options.
To reach MEGHAN BRADBURY, please email mbradbury@breezenewspapers.com