City Council City of Bonita Springs September 21, :00 A.M. City Hall 9101 Bonita Beach Road Bonita Springs, Florida MINUTES

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1 City Council City of Bonita Springs September 21, :00 A.M. City Hall 9101 Bonita Beach Road Bonita Springs, Florida MINUTES I. CALL TO ORDER: Mayor Arend called the meeting to order at 9:00 A.M. There were approximately 25 members of the public in attendance. II. INVOCATION: Council Member David Piper furnished the invocation. III. PLEDGE OF ALLEGIANCE: Mayor Arend led in the pledge of allegiance. IV. ROLL CALL: Present: Jay Arend, Mayor David Piper Ben Nelson Alex Grantt Not Present: John Joyce Robert Wagner Wayne Edsall V. PUBLIC COMMENT ON AGENDA ITEMS: 9:01:05 AM Rick Steinmeyer commented on Lee Tran Route 150, suggesting it be combined with the route that runs along the beach. He also suggested it run every two hours. He is also opposed to the Chamber s request to be allowed to erect a new sign in the right-of-way. 9:03:17 AM Debra and William Morrison furnished a brief overview of the historical grant application they filed for their home, which they purchased in April It s their primary residence. They live and work in Bonita Springs. 9:10:31 AM Ron Pure requested that the vote for agenda item VII. B., regarding the Rules of Behavior for City Council meetings be deferred to allow language to be included that would allow the public to comment on any issue at both the beginning and end of the agenda. 9:12:24 AM Barbara Ogle, with the Bonita Springs Golf and Country Club, asked that the amendment as part of agenda item IX. A. be allowed to move forward to a second reading. She stated that their attorney would be present to address the issue of estoppel. VI. PROCLAMATIONS AND PRESENTATIONS: A. PRESENTATION BY STEVE MYERS OF LEE TRAN. 9:13:18 AM Steve Myers, Director of Lee Tran, addressed Council on Lee Tran Route 150 in relation to ridership patterns/statistics, the time of day the route is most used, as well as their proposal for Fiscal Year He stated that use of the system occurs primarily between Rosemary Drive and I-75, with trips to Publix and K-Mart. The area north of Rosemary, from Old 41 to U.S. 41, has some ridership. 1

2 The area from Old 41 to K-Mart did not entail many trips. The overall result is that the K-Mart is an important destination, with Publix secondary, with some rides on Old 41 to U.S. 41. The majority of riders appear to be boarding between Rosemary Drive and I-75. Most usage occurs early morning to about 1:00/2:00 P.M. In August 2005 there were 2,623 passengers via the full 5-day service running from early morning to the early evening, with Saturday having been added in April :26:01 AM Staff to meet with Mr. Myers to address Route 150. Council to furnish the City Manager with comments/suggestions on routing. B. UPDATE BY JACQUE RIPPE OF SOUTH FLORIDA WATER MANAGEMENT DIS TRICT ISSUES. 9:26:58 am Jacque Rippe updated Council on South Florida Water Management District issues, addressing blue green algae and its effects, as well as red tide. She further reported work on three new projects budgeted for the City, including $85,000 for the Imperial Bonita Estates (IBE) project, $90,000 for the Nevada Street Stormwater retrofit project, and $100,000 for Riverside Park. They also budgeted $150,000 for exotic removal within the Pine Lake preserve for the development of a recreational area. She further addressed briefly the Kent Road Bridge, stating that it was not yet known when the bridge would be removed, as they were still in the acquisition process. She also furnished Council Members with a book titled Florida Waters (copy also on file with the City Clerk). 9:36:29 am Council Member Nelson informed Ms. Rippe of a concern regarding the east end of town as a result of the proposed Wal-Mart store, particularly the Worthington Country Club development, and the need for assurances for those residents that their outflow would be protected. Ms. Rippe responded that the Wal-Mart site was very critical, informing Council of meetings held with her staff weekly. They are working with the developer of that site to ensure water flow reaches the Imperial River. The Kehl Canal was also very important for flooding relief. Staff agreed to meet with Ms. Rippe. C. PRESENTATION BY LYNDA RILEY, LEE COUNTY CONSERVATION 2020 PROGRAM COORDINATOR, REQUESTING POTENTIAL CITY ASSISTANCE TO RESTORE PROPERTY LOCATED AT KENT ROAD, BONITA SPRINGS, FL, :45:48 am Council Member Piper motioned to a commitment and support of Conservation 2020 to consider purchase; Council Member Nelson seconded; and the motion carried unanimously. 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.) 9:50:17 AM Council Member Ben Nelson requested item B. be pulled. 9:50:23 AM Council Member David Piper motioned approval of Consent Agenda items A., C., D., E., F., G., H.; Council Member Nelson seconded; and the motion carried unanimously. A. A RESOLUTION RECOMMENDING LYN MCKEE TO THE ESTERO BAY AGENCY ON BAY MANAGEMENT (ABM); AND PROVIDING AN EFFECTIVE DATE. ADOPTED RESOLUTION NO B. ADOPT RULES OF BEHAVIOR BONITA SPRINGS CITY COUNCIL MEETINGS PURSUANT TO ORDINANCE (ABBREVIATED). 9:50:47 AM Council Member Nelson clarified that this involved an abbreviated version of the Rules of Behavior as adopted by Council in He suggested Public Discussion and Addressing Council be placed at the beginning. Mayor Arend suggested public comment in the middle and at the end of meetings. 2

3 Mayor Arend suggested that it be placed on Council s next agenda, inclusive of Staff suggestions for Council to review. 9:55:19 AM Council Member Piper stated that he felt Council Members should be allowed public dialogue if they so choose. A brief discussion ensued. 9:57:52 AM Council Member Nelson motioned approval, as revised; Council Member Piper seconded; and the motion carried unanimously. C. APPROVE A LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT FOR THE HIGHLAND ESTATES PROFESSIONAL CENTER, DOS D. A RESOLUTION ACCEPTING THE RESIGNATION OF A MEMBER OF THE CITY OF BONITA SPRINGS SPECIAL EVENTS COMMITTEE; APPOINTING A REPLACEMENT MEMBER; AND PROVIDING AN EFFECTIVE DATE. ADOPTED RESOLUTION NO E. DECLARE TWO WINDSOR ROAD STRUCTURES LOCATED AT AND WINDSOR ROAD, BONITA SPRINGS, FL (STRAP B AND B ) AS SURPLUS PROPERTY AND AUTHORIZATION TO SOLICIT BIDS FOR RELOCATION OR DEMOLITION IF NO BIDS ARE RECEIVED. F. APPROVE A CHANGE IN CAPITALIZATION THRESHOLD FOR THE CITY FROM THE CURRENT $500 ITEM COST TO THE REVISED GENERALLY ACCEPTED ACCOUNTING PRINCIPLE (GAAP) THRESHOLD LEVEL OF $5,000. G. APPROVE A LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT FOR THE BONITA SPRINGS CHAMBER OF COMMERCE S REQUEST FOR SIGN PERMIT APPROVAL FOR THE PLACEMENT OF AN IDENTIF ICATION SIGN IN THE CITY S RIGHT-OF-WAY. H. AUTHORIZATION FOR MAYOR TO SIGN LETTER OF SUPPORT TO THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR APPLICATION OF GRANT FUNDS IN ORDER TO UPDATE THE REGIONAL HURRICANE EVACUATION STUDY FOR SOUTHWEST FLORIDA. VIII. FIRST READING OF THE FOLLOWING ORDINANCES (NO PUBLIC COMMENT): A. AN ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA, CREATING ITS ART IN PUBLIC PLACES PROGRAM; PROVIDING FOR SHORT TITLE; ESTABLISHING AND CREATING ART IN PUBLIC PLACES PROGRAM; PROVIDING FOR AN ART IN PUBLIC PLACES ADVISORY BOARD; ESTABLISHING THE ART IN PUBLIC PLACES ACCOUNT; PROVIDING FOR APPROPRIATIONS FOR THE FUNDS; PROVIDING FOR WAIVER; PROVIDING FOR ADMINISTRATIVE PROCEDURE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, SCRIVENER S ERRORS AND AN EFFECTIVE DATE. 9:58:18 AM City Attorney Vance read the title block of the Ordinance into the record, stating that if approved, a second reading would be scheduled for 5:30 P.M., Wednesday, October 5, 2005 in Council Chambers. 9:58:47 AM Council Member Piper motioned approval of moving forward with a second reading of the Ordinance at 5:30 P.M., Wednesday, October 5, 2005 in City Hall; Council Member Nelson seconded; and the motion carried unanimously. B. AN ORDINANCE OF THE CITY OF BONITA SPRINGS, FLORIDA; AMENDING CHARTER SECTION 13(C) FOR THE MARCH 2006 ELECTIONS; TO PROVIDE FOR GENERAL ELECTIONS OF MUNICIPAL OFFICERS TO BE HELD ON MARCH 7, 2006, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET DATE. 3

4 9:58:56 AM City Attorney Vance read the title block of the Ordinance into the record. 9:59:24 AM Council Member Nelson motioned approval of moving forward with a second reading of the Ordinance at 5:30 P.M., Wednesday, October 5, 2005, at City Hall; Council Member Grantt seconded; and the motion carried unanimously. 9:59:42 AM Sharon Harrington, Supervisor of Elections, briefly commented. She explained that moving the election date up results in savings to the City. Elections costs would be shared with the City of Sanibel, who is also having their election on March 7, IX. FIRST READING AND PUBLIC HEARING OF THE FOLLOWING ORDINANCE: A. AN AMENDMENT TO BONITA SPRINGS LAND DEVELOPMENT CODE, CHAPTER 34, AMENDING TO REQUIRE PLANNED DEVELOPMENT FOR REDEVELOPMENT OF EXISTING ONLY GOLF COURSES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER S ERRORS, INCLUSION IN CODE AND AN EFFECTIVE DATE. 10:00:52 AM City Attorney Vance read the title block into the record, stating that if approved, a second reading would be scheduled for 5:30 P.M., Wednesday, October 5, She reported that an application has been submitted for a development order and that she was meeting today with Lee County to see whether it has been found sufficient. She also referred to the letter from Attorney Matt Uhle regarding Smith v. Clearwater. 10:05:15 AM Council Member Nelson motioned approval of moving forward with a second reading of the Ordinance at 5:30 P.M., October 5, 2005; Council Member Grantt seconded. PUBLIC COMMENTS: 10:05:55 AM Attorney Matt Uhle, representative for the Bonita Springs Golf and Country Club, stated that he agreed with moving forward with a second reading and a full discussion at that time. He briefly addressed his letter to the City Attorney His opinion is that any permitting activity that has taken place is not protected, and that this regulation, if adopted, can be applied. 10:08:10 AM Council Member Piper objected to the motion, and the motion failed with a vote of 3-1 (Council Member Piper dissenting). 10:08:44 AM Council Member Piper clarified his objection which is due to the absence of two Council Members who are not present in which this Ordinance affects their districts. 10:09:20 AM City Attorney Vance addressed the Roberts Rules of Order. 10:10:43 AM Council Member Piper stated that he would rescind his vote, explaining that he was opposed but was voting in favor to allow the amendment to move forward for procedural reasons. 10:14:01 AM Council Member Nelson motioned for reconsideration of the matter, rescinding his previous motion; Council Member Grantt seconded. Council Member Piper clarified that he would vote in favor for procedural reasons. The motion carried unanimously. 10:14:50 AM Council Member Nelson motioned approval of moving forward with a second reading at 5:30 P.M., October 5, 2005, at City Hall; Council Member Grantt seconded; and the motion carried unanimously. 4

5 X. MAYOR AND COUNCIL MEMBER ITEMS AND REPORTS 10:26:36 AM Council Member Nelson informed Council that Friday morning the Metropolitan Planning Organization was to vote on whether to add the Coconut Road interchange to the 2020 Plan. He further reported work on the City s Noise Ordinance by the Assistant City Attorney and scheduling before City Council. 10:27:39 AM Council Member Piper commented on the Wayside Inn at the corner of Ragsdale and due diligence work done by Todd Michaels for the purpose of saving the building. The result was that it was not found to be economically viable to save. He further commented on the historic preservation program and the need for improvements to be made to the program. 10:31:19 AM Council Member Alex Grantt referred to an Environmental Officer that previously worked for the County, which he suggested be assigned to the City for the eastern portion of the City. He further suggested a bus trip to the City of Hallendale Beach on policing. Lastly, he thanked the City Manager for obtaining the books on police management. 10:53:49 AM Mayor Arend reported on the beach clean up event held the previous week, thanking Council Member Nelson for his help. He reported that approximately 250 people showed up to help, with contributions made by local grocery stores. The City expended $80 for the event. XI. XII. CITY ATTORNEY S REPORT: CITY MANAGER S REPORT: A. DISCUSSION OF MORRISON HISTORIC GRANT ASSISTANCE PROGRAM APPLICATION. 10:55:26 AM Council Member Nelson stated that he would like see the Morrisons get a part of the funds. He feels they did a great job. 10:58:23 AM Council Member Piper stated that although he was not sure of the pool, he felt the sod should be included in funding since it increases the aesthetics of the neighborhood and makes it look cleaner. He supports Council proceeding accordingly with those people who have submitted applications who would qualify. 11:02:24 AM Council Member Grantt stated that he felt Staff needs to take into consideration the fact that this was sent to the County at which point it was either lost or misplaced. He feels Council has an obligation to reimburse the applicant for at least some of the costs incurred. 11:04:21 AM Mayor Arend agreed with Council Member Piper that this was probably one of the most difficult grants because of the number of variables involved, i.e., permitting, supplies, etc. He motioned that at least a minimum of 50% of the request be considered; Council Member Nelson seconded. 11:05:55 AM Council Member Piper stated he would prefer a motion to have Staff look into the feasibility of the swimming pool, and that everything above that be reimbursed. He explained that his reason regarded the amount of work the Morrisons did with that small amount of money. He feels they should get more than 50% funding. 11:07:36 AM City Attorney Vance referred to the City s Historic Preservation Ordinance which requires applications to be reviewed by the City s Historic Preservation Board with final approval by City Council. 11:09:18 AM Mayor Arend recommended that the City s Historic Preservation Board consider no less than the minimum of 50% funding, and that they take into consideration Council s comments of today. Council Member Piper stated he felt it involved an emergency situation, suggesting it appear before the 5

6 City s Local Planning Agency at their meeting of September 29, He reiterated that he felt 50% funding was not enough. Council Member Piper stated that he felt the motion should reflect the fact that two Council Members were saying 50% funding and two were saying for the most possible funding. 11:12:12 AM Mayor Arend clarified his motion which is for a recommendation to the City s Historic Preservation Board to consider no less than the minimum of 50% funding, that they also take into consideration Council s discussion of today in making their decision in that Council feels that the process needs to go forward, and that there is a need to look at the pitfalls in the procedures; Council Member Piper seconded; and the motion carried unanimously. B. DISCUSSION OF FLORIDA REDEVELOPMENT ASSOCIATION WORKSHOP REGARDING COMMUNITY REDEVELOPMENT AGENCIES, DEVELOPER AGREEMENTS, AFFORDABLE HOUSING, AND FUNDING OPPORTUNITIES. 11:13:09 AM Assistant City Manager Barbara Barnes-Buchanan stated that Staff has contacted the Florida Redevelopment Association who is available for a workshop at 9:00 A.M., Tuesday, October 18, :14:40 am Council Member Piper motioned approval of a joint workshop with the City s Local Planning Agency at 9:00 A.M., Tuesday, October 18, 2005; Council Member Nelson seconded; and the motion carried unanimously. C. APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT OF $19, FOR THE GULF PAVING COMPANY, INC. CONTRACT FOR CONSTRUCTION OF THE STREETSBORO LANE INFRASTRUCTURE IMPROVEMENTS, AND EXTEND THE CONTRACT TE RM BY 21 DAYS. ADOPTED RESOLUTION NO :14:53 am Council Member Piper motioned approval; Council Member Nelson seconded; and the motion carried unanimously. D. REVIEW OF FINANCIAL REPORT. 11:15:32 AM Deputy Treasurer Lisa Roberson furnished a brief overview of the financial report. E. REVIEW OF MONTHLY PROJECTS REPORT. 11:20:13 AM Council Member Nelson motioned to approve the removal of the railing, curb side, on the Matheson Bridge; Council Member Piper seconded; and the motion carried unanimously. XIII. APPROVAL OF MINUTES: 09/07/05 11:21:49 AM Council Member Nelson motioned approval of the minutes; Council Member Piper seconded; and the motion carried unanimously. XIV. PUBLIC COMMENTS: 11:22:34 AM Todd Michaels commented on Morrison historical grant request, offering to make a contribution to help the Morrisons. 11:25:28 AM Rick Steinmeyer commented on the absence of Council Members. 11:26:18 AM Maryann Kilgannon spoke in support of the Bamboo Village site and the Parks and Recreation area on Terry Street remaining as passive greenspace. 11:27:50 AM Ron Pure commented on Council terms. 6

7 11:34:03 AM Becky Pomerson asked that the committee for holiday decorations on Old 41 Road commence earlier this year. Mayor Arend asked that the Special Events Committee look into the decorations. 11:36:04 AM Bill Lonkart suggested that Lee Tran funding be removed from the budget and that the Renaissance Group add it to their programming. He stated that he would be willing to help those who need transportation. XV. ADJOURNMENT There being no further items to discuss, the meeting adjourned at 11:39 A.M. Respectfully submitted, Debra Muchler, Recording Secretary APPROVED: BONITA SPRINGS CITY COUNCIL: Date: AUTHENTICATED: Jay Arend, Mayor Dianne J. Lynn, City Clerk 7