Mayor Jay Arend called the meeting to order at 9:00 A.M. There were approximately 50 members of the public in attendance.

Transcription

1 CITY COUNCIL CITY OF BONITA SPRINGS WEDNESDAY, JANUARY 18, :00 A.M. CITY HALL 9101 BONITA BEACH ROAD BONITA SPRINGS, FLORIDA MINUTES I. CALL TO ORDER. Mayor Jay Arend called the meeting to order at 9:00 A.M. There were approximately 50 members of the public in attendance. II. INVOCATION. Council Member Robert Wagner furnished the invocation. III. PLEDGE OF ALLEGIANCE. Mayor Arend led in the pledge of allegiance. IV. ROLL CALL. Mayor Arend and all Council Members were in attendance. V. PUBLIC COMMENT ON AGENDA ITEMS: 9:02:44 am Rick Steinmeyer commented on the fees associated with the railroad, which he feels are very high. 9:03:33 am Marie Tranovich read into the record a letter she wrote regarding the Imperial River Landing project. She is against the development of commercial and residential uses on the site and suggested that it be developed with a library. 9:07:24 am Jeff Bish spoke opposed to the Imperial Landing proposals which he feels don t fit with the character of the area. He is also opposed to the property going into private hands. 9:08:52 am Philip Young also spoke in opposition to the proposals for the project. He supports open space and the preservation of existing historic structures. 9:11:50 am Xandra Poole urged Council to retain open space along the river, preserving the character of Old Bonita. She feels the height and scale of the proposals will change the character of the area. 9:13:33 am Louis Enos also commented on the Imperial Landing project, suggesting that setbacks be maximized and that the property be developed with public uses. He feels high rises are inappropriate for the site. 9:16:25 am Sandra Johnson also spoke opposed to the development of condominiums and residential uses on the site. She supports open space. 1

2 9:17:55 am Vicki Boyd stated that she agreed with all the comments made so far regarding the Imperial Landing project. She is concerned of the impacts that might result with the development of condominiums. 9:19:26 am Martha Simons also commented on the Imperial Landing project, urging Council to retain the Old Florida style. She suggested an advisory Board be established to help with the project. She also suggested that the Local Planning Agency be separated from the Historic Board. VI. PROCLAMATIONS AND PRESENTATIONS: A. A PROCLAMATION DECLARING THE WEEK OF JANUARY 22-28, 2006, AS HAZARDOUS MATERIALS AWARENESS WEEK. 9:22:22 AM Mayor Arend read aloud the proclamation declaring the week of January as Hazardous Materials Awareness Week. Assistant Chief Roger Shelly was in attendance to accept the proclamation, thanking the Mayor and City Council. B. PRESENTATION REGARDING THE PROPOSED IMPERIAL LANDINGS PROJECT BY BONITA SPRINGS RESIDENTS ALLISON FORTUNA AND CHARLIE STRADER. 9:23:50 am Allison Fortuna, a 27 year resident of Bonita Springs, furnished a PowerPoint presentation, depicting important features in the Old 41 area. She stated that her vision for the subject property is one that reflects the culture and heritage of Bonita Springs. She stated that she felt that the City was in danger of losing the little resources left due to decay, inflation, rapid growth, and apathy. She is here to ask Council to reconsider their plans for development of the site. 9:32:42 am Charlie Strader also furnished a PowerPoint presentation depicting various park developments in Florida. The hope is to provide different concepts that could serve as a catalyst for Old Bonita, rather than private space, condominiums and offices. He would suggest the site be developed instead with botanical gardens, an environmental learning center, museums, a library, an artisan village, an aquarium, parks and playgrounds, an historical village, water resources, recreational amenities, or simply open green space. C. PRESENTATION BY COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION REGARDING THE EAST-WEST LIVINGSTON CONNECTOR. 9:43:04 am Joe Quinty, AICP, Principal Planner for Collier County Transportation Planning Department, referred to his submittal (5 photographs; copy in Clerk s file) to address the East-West Livingston Connector. He stated that the corridor runs from U.S. 41 to the future Logan Boulevard Extension. The section between Livingston Road to the east, before I-75, is being built by private developers. Between Old 41 and Livingston Road is the portion in which all of the right-of-way has been obtained, however, it is not in their 5-year work program. They are currently in the process of talking with the private land owners along that corridor, primarily the Collier County School District and about four others that are anticipated to come forward with development proposals within the next few years. They feel that through cost sharing efforts, they can get a 2-lane section built that will become part of a future 4 or 6 lane section. They are currently working on impact fee credits, right-of-way for turn lanes, etc. The stretch from Old 41 Road to U.S. 41 is the segment that may entail some right-of-way and cost issues. The right-of-way is not in place even though there is future commercial development planned for this area. He referred to the area near Quail West and Quail Creek which may also entail some 2

3 problems, however, this area is in their Needs Plan within their 2030 Transportation Plan. It is not in their cost feasible plan. The area from Old 41 to Livingston presents a problem because of the costs involved with them having to cross the railroad. Overall, they feel that at some point there will definitely be a 2-lane road that will run east of the railroad tracks over to Livingston to meet the school and development needs in that area. The issue with the railroad will slow them down in that it involves the largest portion of right-of-way needed for them to pursue to make that road segment come into fruition. The segment running from Old 41 Road to Livingston Road would result in the removal of 5,000 to 10,000 vehicles from Bonita Beach Road. The section from I-75 to the west would result in the removal of approximately 32,000 to 35,000 vehicles utilizing the Livingston East-West Road. The Needs Plan decreases that to 20,000 to 30,000 because of the more complete road network around it, which acts to spread the traffic out. The area between Livingston and I-75 shows the removal of 19,000 vehicles; east of I-75 that decreases to 14,000 since they can only squeeze in two lanes there. They have chosen the name Veterans Memorial Parkway, for the Livingston East-West Road. 9:50:56 AM Council Member Wagner questioned how they arrived at the figure regarding the 10,000 vehicles being removed from Bonita Beach Road. Mr. Quinty stated that further analysis would be required since it was done on a macro level, as part of the long range plan process. At the request of Council Member Wagner, Mr. Quinty agreed to furnish City Council with any additional data and/or analysis they have prepared. 9:53:25 am Council Member Grantt suggested the reservation of approximately 30 feet of right-ofway for a future railroad track. 9:57:15 AM Council Member Nelson questioned plans to include this in the Regional Strategic Intermodal System and making an application for those funds. Mr. Quinty responded that it was something he would like to see happen. Council Member Nelson offered to help. VII. CONSENT AGENDA: (NOTE: ITEMS ON THE CONSENT AGENDA WILL BE CONSIDERED AS ONE UNLESS A SPECIFIC ITEM IS REMOVED BY A COUNCIL MEMBER FOR SEPARATE DISCUSSION.) 10:01:31 am City Attorney Audrey Vance requested that item A. be pulled since Staff has not received the agreement from Lee County. 10:01:54 am Council Member Wagner requested that item K. be pulled for a clarification on salaries. Council Member Ben Nelson pulled item H. to discuss licensing fees, and Council Member David Piper pulled item I. to ensure proper enforcement was scheduled for the event. 10:02:07 am Council Member Wagner motioned approval of Consent Agenda items B., C., E., F., G., J., and L; Council Member Piper seconded and the motion carried unanimously. 10:12:45 AM After addressing items H., I. and K., Council Member Wagner motioned they be approved; Council Member Grantt seconded; and the motion carried unanimously. A. APPROVE AGREEMENT WITH LEE COUNTY SHERIFF S OFFICE FOR LAW ENFORCEMENT SERVICES. B. AMEND THE AGREEMENT WITH HOME DEPOT FOR THE TRAFFIC SIGNAL AT DOWNS DRIVE. 3

4 C. AUTHORIZE THE MAYOR TO SIGN A RESOLUTION LEVYING SPECIAL ASSESSMENT LIEN PURSUANT TO THE LOT MOWING ORDINANCE. VIOLATION SITE: 10741/43 BONITA DRIVE, BONITA SPRINGS. ADOPTED RESOLUTION NO D. AUTHORIZE MAYOR AREND TO REQUEST THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TRANSFER THE TWO (2) ACRE PARCEL LOCATED ON BOONDOCK ROAD TO THE CITY OF BONITA SPRINGS FOR AN IMPERIAL RIVER KAYAK LAUNCH. E. APPROVE A RESOLUTION ACCEPTING THE RESIGNATION OF A MEMBER OF THE CITY OF BONITA SPRINGS BOARD FOR LAND USE HEARINGS AND ADJUSTMENTS AND ZONING BOARD OF APPEALS; APPOINTING A REPLACEMENT MEMBER; AND PROVIDING AN EFFECTIVE DATE. ADOPTED RESOLUTION NO F. ACCEPT TWO DRAINAGE EASEMENTS TO BE LOCATED ON THE HAWTHORNE DEVELOPMENT (TESONE MPD) FOR (1) AN THE ROSEMARY PARK CANAL EASEMENT AND (2) A 15 FOOT BONITA SPRINGS DRAINAGE EASEMENT (B.S.D.E.) CROSSING TRACTS R-1, C-2, AND C-3. A THIRD DRAINAGE EASEMENT WILL BE FORTHCOMING BEFORE THE PLAT / DEVELOPMENT ORDERS ARE ABLE TO GO FORWARD. G. AUTHORIZE MAYOR TO SIGN (1) AGREEMENT TO GRANT QUIT CLAIM DEED IN EXCHANGE FOR PERPETUAL STORMWATER EASEMENT AND (2) QUIT CLAIM DEED FOR SWAP OF PROPERTY FOR NEW PERPETUAL STORMWATER DRAINAGE EASEMENT AND ACCEPT NEW PERPETUAL STORMWATER DRAINAGE EASEMENT. H. APPROVE THE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE SEMINOLE GULF RAILWAY LICENSE AGREEMENT FOR PEDESTRIAN CROSSING AT RIVERSIDE PARK, BONITA SPRINGS, FLORIDA, MILEPOST AX , FOR THE AMOUNT OF $128,500 AND WITH AN ANNUAL MAINTENANCE FEE OF $1,200, AS ADJUSTED EACH YEAR WITH THE CPI. ADOPTED RESOLUTION NO I. APPROVE SPECIAL EVENT PERMIT FOR THE ROSEMARY PARK RALLY FAMILY FIESTA TO BE HELD ON JANUARY 29, 2006 FROM 12:00 P.M. TO 3:00 P.M. J. APPROVE AGREEMENT BETWEEN THE CITY OF BONITA SPRINGS AND ASCAP FOR THE USE OF COPYRIGHTED MUSICAL WORKS FOR SPECIAL EVENTS. K. AUTHORIZE MAYOR TO SIGN ON BEHALF OF CITY COUNCIL, THE CODE ENFORCEMENT HEARING EXAMINER AGREEMENT WITH THOMAS W. FRANCHINO AND THE CODE ENFORCEMENT ALTERNATE HEARING EXAMINER WITH MICHAEL R. N. MCDONNELL. L. ADOPT A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND THE CITY OF BONITA SPRINGS FOR NON-CRIMINAL JUSTICE PURPOSES. ADOPTED RESOLUTION NO VIII. MAYOR AND COUNCIL MEMBER ITEMS AND REPORTS: 10:13:09 am Council Member Grantt reported a graffiti problem that was occurring in the City, suggesting a possible reward system leading to arrests. City Attorney Vance informed him of a meeting scheduled with the Sheriff at which time she will discuss the best approach to the problem. Council Member Grantt further reported that Clean-Up Day was scheduled for this Saturday from 8:00 A.M. to noon in Rosemary Park. The following Sunday (the 19 th ) from noon to 3:00 P.M. was the Rosemary Park Rally. 4

5 10:23:55 am Council Member Wagner informed Council of car break-ins that were occurring at the beach accesses, parks, etc. Last year there were a total of 33, with two occurring in the last 10 days. He has authorized signs to be erected within the next 10 days cautioning against leaving valuables inside vehicles. Lastly, he reported that the dedication ceremony for the placement of the plaque for Dave and Marge Ward was scheduled for Wednesday, 10:00 A.M., January 25 th, at Bonita Beach. 10:27:37 am Council Member John Joyce addressed a newspaper article regarding the City s budget, which he clarified. 10:29:33 am Council Member Piper reported a decrease in the number of day laborers at the 7-Eleven, but an increase on weekends. He further informed Council of a problem with vagrants living on the railroad right-of-way and concerns with potential fires. There is also a concern with the safety of the children walking along the tracks on their way to school. Discussion followed on the issue, with Mayor Arend suggesting a meeting with the day labor businesses to discuss how to handle the situation. 10:40:12 am Council Member Nelson suggested a large scale color representation display be placed in City Hall lobby and the park for informational purposes on the proposed development plans. 10:41:35 am Mayor Arend reported a meeting scheduled this Friday to discuss water releases from the Caloosahatchee River, which he planned to attend. All Council Members were invited as well. IX. PUBLIC COMMENT: 10:43:17 am Ray Bass, attorney for Bradanna, Inc., addressed agenda item XI. C., relating to the potential $500 per day deduction for the YMCA soccer field project. He suggested a meeting with Staff to review the legal issues and facts. 10:45:51 am Rick Steinmeyer commented on graffiti, suggesting that people under 25 be required to furnish identification when purchasing cans of spray paint. 10:48:04 am Cullum Hasty also commented on the Imperial River Landing project, suggesting the removal of as many of the seawalls as possible, which he stated were not good for rivers. He suggested the development of a Tavern on the Green café /restaurant on the site, with gardens and natural space, maintaining the existing coconut palms. 10:50:31 am Jeff Bish addressed the need for affordable housing. 10:52:18 am Bill Lonkart briefly commented on the T.A.G. letter regarding the budget. He also reported that he rode with Sheriff deputies for the City and was very impressed. 10:54:57 am Charlie Strader suggested that the issue of graffiti and the railroad be addressed with neighborhood policing. 10:56:39 am Bernice Ciaffone spoke opposed to the development of high rises for the Imperial River Landing site. She suggested boat rides and bike trails, stressing the need for activities for teens. 11:02:16 am Sandra Johnson urged Council to maintain the historic nature of the Old 41 area. 11:03:20 am Pete Pastore requested information on the security golf cart at the beach. 5

6 11:03:53 am Louis Enos addressed the issue relating to day laborers, suggesting that businesses be required to pre-screen them. 11:06:07 am Martha Simons addressed the issue relating to vagrants living on the railroad right-ofway, informing Council that currently there were no facilities that these people can be taken to for treatment. The only available resource is to arrest them. X. CITY ATTORNEY S REPORT: A. PERMISSION TO ADVERTISE THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA, RELATING TO NUISANCES; CREATING THE BONITA SPRINGS MOTOR VEHICLE TOWING ORDINANCE; SETTING FORTH A PURPOSE; DECLARATIONS OF NUISANCE; SETTING FORTH PROCEDURES FOR THE TOWING OF ABANDONED, JUNKED OR DISCARDED MOTOR VEHICLES ON PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER S ERRORS, INCLUSION IN CODE AND AN EFFECTIVE DATE. 11:24:12 AM Council Member Piper motioned approval; Council Member Nelson seconded; and the motion carried unanimously. B. DISCUSSION ON REVISING TRUCK WEIGHT LIMITATION IN RESIDENTIAL AREAS IN THE LAND DEVELOPMENT CODE. 11:24:19 AM City Attorney Vance addressed item B., which was included at the request of Council Member Grantt, as a result of a concern raised by a member of the public at Council s meeting of January 4, :25:20 am Code Enforcement Supervisor for the City, Frank Cassidy, addressed Council. He stated that the issue regards gross vehicle weight and gross vehicle rating, which he expanded on. He recommends leaving the Ordinance as is. A brief discussion followed. 11:34:27 am Council Member Wagner motioned for the Ordinance to remain as written; Council Member Joyce seconded; and the motion carried unanimously. C. REVIEW THE AMENDED JOINT SUPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN LEE COUNTY AND THE CITY OF BONITA SPRINGS UNDER ITS MASTER TRANSPORTATION AGREEMENT FOR THE THREE OAKS PARKWAY SOUTH EXTENSION. 11:34:45 am City Attorney Vance read this request into the record, explaining that changes to the agreement were made as a result of a presentation made by Dave Loveland, with Lee County Department of Transportation, on May 18, :35:33 am Mayor Arend referred to the first sentence of section 9., questioning whether this meant the City would have the ability to review contracts before they are signed by Lee County. 11:36:10 am Nicole Maxey, with Lee County Department of Transportation, responded that bids were to be accepted February 1, The intent is to see whether there was anything specific the City wanted to be included in the bid documents. Mayor Arend stated that he would like to see the contracts prior to 6

7 them being signed, with the costs, and the penalty clause. Ms. Maxey stated that the penalties have already been included. A brief discussion followed. 11:38:29 am Council Member Nelson motioned approval of the Agreement; Council Member Piper seconded; and the motion carried unanimously. D. REVIEW THE UPDATED MASTER TRANSPORTATION AGREEMENT BETWEEN LEE COUNTY AND THE CITY OF BONITA SPRINGS TO UPDATE AND EXTEND THE TERM OF THE AGREEMENT FOR A THREE (3) YEAR TERM, COMMENCING ON OCTOBER 1, :40:55 am Council Member Nelson motioned approval of the Agreement; Council Member Joyce seconded; and the motion carried unanimously. ADDITIONAL ITEMS: 11:41:09 AM City Attorney Vance informed Council of a memorandum she furnished to them regarding FCC regulations regarding the derogation of the right to have cable franchises. At the request of the Mayor, she would schedule for Council s meeting of February 1, XI. CITY MANAGER S REPORT: A. DISCUSSION OF PROPOSED ZONING PUBLIC HEARING FOR THE CAMARGO MPD TEN-ACRE SITE ON U.S. 41 NORTH OF PELICAN SOUND DRIVE; AND DIRECTION TO STAFF. 11:41:43 am City Manager Gary Price read the request, requesting direction to Staff. 11:45:07 am Council Member Nelson motioned that a letter be sent to the Hearing Examiner setting out Council s concerns regarding any type of additional development, and if it is deemed that substantial impacts would result, that someone be sent to represent the City; Council Member Piper seconded; and the motion carried unanimously. B. APPROVE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE STA NO. 10 WITH JOHNSON ENGINEERING, INC., IN THE AMOUNT, NOT-TO-EXCEED $519,702.56, FOR CONSTRUCTION ENGINEERING/INSPECTION SERVICES FOR THE EAST TERRY WIDENING PROJECT. 11:45:38 AM Council Member Wagner motioned approval of the Resolution; Council Member Edsall seconded. 11:45:45 AM In response to a concern raised by Council Member Joyce regarding whether the $500,000 was competitive, Daryl Walk, the City s Public Work s Manager, responded that it was based on standard rates. Ryan Bell, with Johnson Engineering, Inc., further responded to a question relating to Task 1 of the agreement. 11:52:41 am The motion carried unanimously. C. DISCUSSION OF, AND POSSIBLE ACTION ON, THE POTENTIAL DEDUCTION OF $ PER DAY, AS LIQUIDATED DAMAGES FROM MONIES TO BE PAID TO BRADANNA, INC., FOR CONSTRUCTION OF THE YMCA SOCCER FIELDS. 7

8 11:53:41 am City Manager Gary Price read the request into the record, after which Daryl Walk furnished the history of the project, stating that the $500 was included in the contract. The completion date has been far exceeded There was a total of 143 days in which there were no workers on the job. 11:59:41 am Council Member Edsall motioned approval of the deduction, allowing Staff to meet with the contractor s attorney; Council Member Piper seconded Council Member Wagner suggested Public Works begin a ranking system on contractors. 12:04:29 pm The motion carried unanimously. D. APPROVE MONTHLY FINANCIAL REPORT. 12:04:47 pm Lisa Roberson, Finance Director, furnished a brief update. 12:08:33 pm Council Member Piper motioned approval of the financial report; Council Member Edsall seconded; and the motion carried unanimously. E. REVIEW OF MONTHLY PROJECTS REPORT. City Manager Gary Price furnished a brief update. F. APPROVE PURCHASE OF AIR CONDITIONER FROM D&D AIR CONDITIONING IN THE AMOUNT OF $13,970 AND APPROVE TRANSFER OF FUNDS FROM COUNCIL CONTINGENCY IN AN AMOUNT NOT TO EXCEED $17,500 FOR ALL EQUIPMENT AND SUPPORT WORK. 12:10:47 pm Council Member Wagner motioned approval; Council Member Nelson seconded; and the motion carried unanimously. XII. APPROVAL OF MINUTES: 12/21/05 & 01/04/06 12:11:06 pm Council Member Nelson motioned approval of the minutes, as revised by Council Member Grantt; Council Member Piper seconded; and the motion carried unanimously. XIII. XIV. PUBLIC COMMENTS: None ADJOURNMENT There being no further items to discuss, the meeting adjourned at 12:15 P.M. Respectfully submitted, Debra Muchler, Recording Secretary 8

9 APPROVED: BONITA SPRINGS CITY COUNCIL: Date: AUTHENTICATED: Jay Arend, Mayor Dianne J. Lynn, City Clerk 9