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Cape Coral council tightens process for changing speed limits after study on dangerous stretch
Summary
Council directed staff to require council pre‑authorization before initiating traffic studies that could lead to local speed‑limit changes, citing liability and need for community input; staff will prepare a code amendment and an after‑the‑fact resolution for a 45→40 mph Kismet/Old Burnstow segment.
After a staff‑led traffic study that recommended lowering an Old Burnstow Road segment, Cape Coral council on Jan. 14 moved to alter its rulemaking process for speed limits.
City manager and public works staff described the stretch north of Kismet as two‑way, two‑lane roadway with a shared bike path and a history of serious crashes. The city temporarily implemented a lower speed after a warrant, but subsequent review of the municipal code revealed a 2019 ordinance change that had removed or altered prior administrative authority and restored council action for speed changes.
Council members debated three options: (1) require council pre‑approval to initiate a traffic study and allow administration to implement results; (2) keep current council approval at the implementation stage; or (3) return full authority to the administration to study and implement changes administratively. Several members said council should authorize the study request because the city becomes exposed to liability once a study finds a warranted adjustment and the city does not act. Others argued for administrative flexibility for routine safety issues.
By a 5–3 margin on the committee roster, council chose option 1: traffic‑study initiation should be approved by council; staff will implement changes shown by an FDOT‑compliant study. City attorney said staff will prepare a code‑section amendment and an after‑the‑fact resolution memorializing the Old Burnstow reduction from 45 to 40 mph for council approval.
Public‑safety and enforcement details: Public works noted in‑house traffic engineers can do many speed studies; consultants are used for complex work. Police and the newly forming parking‑enforcement unit said enforcement would remain a mix of administrative specialists and reactive police follow‑up where chronic circumvention is reported.
