PLEDGE OF ALLEGIANCE: Mayor Arend led in the pledge of allegiance.

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1 Notice of Public Meeting City Council City of Bonita Springs November 17, :00 A.M. Bonita Springs Utilities Board Room East Terry Street Bonita Springs, Florida MINUTES Date 11/17/2004 Location City Council Time 8:52:42 Agenda Item Speaker / Notes I. CALL TO ORDER: Mayor Jay 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 Robert Wagner furnished the invocation. III. PLEDGE OF ALLEGIANCE: Mayor Arend led in the pledge of allegiance. 9:03:24 IV. V. ROLL CALL: Mayor Arend and all Council Members in attendance, with Council Member David Piper entering the meeting at 9:07 A.M. Council Member Edsall was not in attendance. Daryl Walk, the City s Public Work s Manager, introduced Donna Tomei, the City s newly hired Public Work s Secretary, and Kevin Riddle, the City s newly hired Engineering Technician. PUBLIC COMMENT ON AGENDA ITEMS: No public comments were made.

2 9:04:11 9:04:23 9:14:16 VI. VI. PROCLATIONS AND PRESENTATIONS: D. PROCLATION OF APPRECIATION TO DEBBIE HOLM FOR HER SERVICE ON THE SPECIAL EVENTS COMMITTEE. Mayor Arend read aloud the proclamation, extending the City s appreciation for her service on the City s Special Events Committee. Fred Partin, General Manager of Bonita Springs Utilities, informed everyone of the opening of the reverse osmosis plant earlier in the year. Debra Bautista, Finance Director for Bonita Springs Utilities, furnished an overview of $57 million bond the Utilities closed on in October for water and sewer. B LEGISLATIVE PACKAGE BY PAUL PILLER. DIRECTION TO STAFF. Paul Piller, the City s Lobbyist, furnished an update on the 2005 Legislative Package. Both the wireless issue and the annexation issue were to come back this year. He also furnished a brief update on issues relating to social security, the T-21 bill, impact fees, growth management and comprehensive planning. Committees are to meet shortly. Mayor Arend questioned hurricane funding and Council Member Wagner beach renourishment. Mr. Piller stated that work was underway to obtain funding. VI. A. PRESENTATION BY STEVE MYERS OF LEE TRAN CONCERNING BONITA FIXED ROUTE SERVICE. Steve Myers, Director of Lee Tran, introduced Mike Horstine, also with Lee Tran, who expanded on a survey that was conducted the previous month. He stated that 78% of the people who used the bus walked a 4-block distance to get to the bus stop, 50% stated that they used the bus to get to work. The second reason for using the bus was for shopping and errands. 73% stated they used the bus 3 times a week and the rest stated they used it 4 to 5 times a week. 84% riders live in Bonita Springs, half of which are 35 to 55 years old. The top two improvements made regard Saturday service and service provided later in the evening. Service now ends at 6:00 p.m. One third of the people board along Dean Street with the most popular stop for exiting was K-Mart. Mr. Myers suggested offsetting improvements such as Saturday service with a fare. If a $1.00 is improved, the City could see about $15,000 in revenue, but may suffer a loss in ridership. He stated it would cost $20,000 to add Saturday service. Council Member Wagner motioned to add Saturday service, with the Interlocal to include the facts and figures on ridership, with Mr. Myers to appear before Council with a report on ridership; Council Member Nelson seconded;

3 and the motion carried unanimously. C. PRESENTATION BY CENTEX ROONEY CONSTRUCTION CO. INC. REGARDING RIVERSIDE PARK PHASE I IMPROVEMENTS PROJECT GUARANTEED MAXIMUM PRICE (GMP) PROPOSAL. VI. Bill Mudgett, with Parker/Mudgett/Smith Architects, Inc., introduced Jack Dillon, with Centex Rooney, the Construction Manager for the City Hall project. Mr. Mudgett stated that they were here seeking approval of the GMP (Guaranteed Maximum Price) proposal, prior to the groundbreaking, which was scheduled to take place November 19, The GMP for Phase I construction (Bandshell) is $2 million, plus. Mr. Dillon added that Phases 2 and 3 were scheduled to commence February/March (2005), with Phases 1 and 2 to be complete by November 25. Approved as item H of the Consent agenda. 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.) A. APPROVE THE CO-SPONSORSHIP OF THE ERICAN CANCER SOCIETY BONITA SPRINGS/ESTERO RELAY FOR LIFE MARCH 2005 EVENT. B. APPROVE A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN SUNCOAST SCHOOLS FEDERAL CREDIT UNION AND THE CITY OF BONITA SPRINGS; AUTHORIZING ACCEPTANCE OF CITY EMPLOYEES AS MEMBERS OF THE CREDIT UNION; AND PROVIDING AN EFFECTIVE DATE. ADOPTED RESOLUTION NO VII. C. APPROVAL OF A RESOLUTION DETERMINING THAT THE FOLLOWING PROPERTY IS SURPLUS AND SHOULD BE REMOVED FROM THE CITY S INVENTORY: ONE BUSH HOG, SQUEELER SERIES, MODEL # ; AND ONE TURF ROLLER; AUTHORIZING THE CITY MANAGER TO DISPOSE OF THE SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. ADOPTED RESOLUTION NO D. APPROVE 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. APPROVE TRANSFER OF $21,000 FROM COUNCIL CONTINGENCY FUND TO RECREATION CENTER REPAIR AND MAINTENANCE. MONEY NEEDED FOR CLEAN UP OF EXOTICS BEHIND BUILDING. F. APPROVE THE ENDMENT TO LEASE AGREEMENT

4 OF RETENTION POND WITH JOHN WHITTLE TO EFFECTUATE AN EXCHANGE OF PROPERTY BY BOTH MR. WHITTLE AND THE CITY OF BONITA SPRINGS. PROPERTY IS LOCATED ON OR ADJACENT TO RIVERSIDE PARK. G. ACCEPT A PETITION VAC TO VACATE PORTIONS OF A ROAD RIGHT-OF-WAY EASEMENT OF OLD 41 ROAD, REYNOLDS STREET, PENNSYLVANIA AVENUE, CHILDERS STREET AND FRONT STREET LYING IN SECTION 35, TOWNSHIP 47, RANGE 25 EAST, AND BEING A PART OF THE PLAT OF HEITMAN S BONITA SPRINGS TOWNSITE, AS RECORDED IN PLAT BOOK 6 AT PAGE 24 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND SET A PUBLIC HEARING ON THE 1 ST DAY OF DECEMBER, THE PURPOSE FOR THIS VACATION: CITY OF BONITA SPRINGS SEEKS TO VACATE THE RIGHT-OF-WAY/ROAD EASEMENT IN ORDER TO REDESIGN AND IMPROVE RIVERSIDE PARK. SETS THE TIME AND DATE OF THE PUBLIC HEARING. VIII. H. APPROVAL OF THE GUARANTEED MAXIMUM PRICE (GMP) PROPOSAL AS PROVIDED IN THE PRESENTATION BY CENTEX ROONEY CONSTRUCTION COMPANY, IND., REGARDING RIVERSIDE PARK PHASE 1 IMPROVEMENTS PROJECT. Council Member Piper motioned approval of items A., through G., and revising to approve item H., as added to the Consent Agenda at the suggestion of City Attorney Vance; Council Member John Joyce seconded; and the motion carried unanimously. PUBLIC HEARING: A. ADOPT A RESOLUTION ON PETITION NO. VAC TO VACATE A PORTION OF A 60-FOOT RIGHT OF WAY OF TENNESSEE STREET LYING BETWEEN INDUSTRIAL STREET AND THE EAST RIGHT OF WAY LINE OF SEMINOLE GULF RAILWAY, IN SECTION 35, TOWNSHIP 47 SOUTH, RANGE 25 EST, AND BEING A PART OF THE PLAT OF HEITMAN S BONITA SPRINGS TOWNSITE, AS RECORDED IN PLAT BOOK 6 AT PAGE 24 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA. THE PURPOSE FOR THIS VACATION IS TO FACILITATE THE CLEAN-UP, LANDSCAPING AND MAINTENANCE OF THE PROPERTY IN A CLEAN AND SAFE CONDITION. VACATES A PORTION OF RIGHT-OF-WAY. Assistant City Attorney Kami Corbett read title block of the Resolution into the record. No public comments were made. Council Member Wagner motioned approval of the Resolution; Council Member Grantt seconded. After further discussion Council Member Wagner withdrew his motion to approve the Resolution, and Council Member Grantt withdrew his second to

5 IX. X. the motion. Steven Crawford, the Applicant, suggested tabling the request to allow them to restudy the issue and see if they want to proceed or abandon the vacation. Council Member Nelson motioned to continue this item to Council s meeting of February 16, 2005; Council Member Piper seconded; and the motion carried unanimously. SECOND READING AND PUBLIC HEARING OF THE FOLLOWING ORDINANCE: A. AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF BONITA SPRINGS, FLORIDA; PROVIDING DEFINITIONS AND FINDINGS; PROVIDING FOR THE CREATION OF ASSESSMENT AREAS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF CAPITAL IMPROVEMENTS; PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN THE CITY OF BONITA SPRINGS; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; ESTABLISHING AN EQUALIZING BOARD; PROVIDING THAT ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GENERAL DEBT OR OBLIGATION OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Kami Corbett read the title block of the Ordinance into the record. She stated that this involved the second reading. Public Comments: Ron Pure, a resident of the City, questioned how adoption of the Ordinance would affect the Stormwater Utility program. Council Member Piper motioned approval of the Ordinance; Council Member Nelson seconded; and the motion carried unanimously. Adopted Ordinance No MAYOR AND COUNCIL MEMBER ITEMS AND REPORTS: Council Member Grantt reported that he attended the last fire district meeting whereby a concern was raised regarding trees on Old 41 Road growing into the powerlines. He questioned the possibility of underground utility lines in the future. He further questioned the possibility of a pedestrian crossing at Community Hall. He also informed Council of requests by

6 residents of the Bonita Springs Golf & Country Club for a temporary traffic light at Cockleshell and Old 41. Council Member Wagner reported that 20% of the beach was lost as a result of the hurricanes. He was currently working with Lee County on obtaining funds from the Federal Emergency Management Agency (FEMA). He reiterated his interest in having Staff develop a funding formula for future developments that would result in impacts to Bonita Beach Road. Council Member John Joyce referred to the agreement with Schultz, Chaipel & Co., which he felt was greatly needed. Council Member David Piper addressed the need for an enforcement mechanism for cleaning up the creek areas in the City, including the Ferrigno property, which is where numerous children walk on their way to school. Council Member Nelson reported on Kent Road improvements, which he stated were coming along nice. He also addressed the need for the clearing of vegetation to address loiterers. Lastly, he addressed the need for a park curfew to assist with loiters. Lastly, he reported on a meeting with Code Enforcement Staff and the potential need for additional staffing. Mayor Arend addressed the issue of invocations at City Council meetings. He suggested Staff draw up guidelines to present to the ministerial association for the development of a series of prayers. Council Member Piper stressed the need to keep it generic. City Attorney Vance stated she would look at other Cities and bring the issue back to Council. Lastly, Mayor Arend also asked that future proclamations reflect City Council rather than just the Mayor. CITY ATTORNEY S REPORT: A. APPROVE AN AGREEMENT FOR APPROVING AND PROVIDING TRAFFIC JURISDICTION OVER CERTAIN ROADS WITHIN CEDAR CREEK COMMUNITY. XI. XI. City Attorney Vance read the request into the record, stating that the road would remain private. Approval would allow the Sheriff s Department to tag speeders, etc. Council Member Piper motioned approval of the Agreement; Council Member Nelson seconded; and the motion carried unanimously. B. END THE INTERLOCAL AGREEMENT BETWEEN LEE COUNTY AND CITY OF BONITA SPRINGS FOR REIMBURSEMENT OF PARKING FEES FOR BONITA BEACH AND PROVIDE DIRECTION ON BEACH STICKER PROGR SO AS TO PREPARE AN ADMINISTRATIVE CODE. City Attorney Vance read the request into the record, addressing the intent.

7 Council Member Wagner furnished an overview, addressing the issues relating to the number of parking spaces. If the City can qualify for 62 parking spaces they would not have to relinquish Little Hickory Island Beach Park. He recommends moving forward with the Interlocal based on the fact that the City would most likely qualify to include Little Hickory Island Beach Park in sticker program. He suggested leaving the Interlocal Agreement as is and to move forward as originally agreed, and getting the 62 parking spaces resolved with the Department of Environmental Protection. Jack Campbell, Director of the City s Parks and Recreation program, briefly addressed the sticker program. A brief discussion followed on the issue of a fee for stickers, which Council Member Wagner stated should be free. Council Member Nelson motioned approval of the sticker program implementing a fee of $5.00 per sticker with proof of residency; Council Member Piper seconded; and the motion carried 5-1 (Council Member Wagner dissenting). C. PERMISSION TO ADVERTISE THE FOLLOWING ORDINANCE: AN ORDINANCE ENDING BONITA SPRINGS ORDINANCE 03-04; THE BONITA SPRINGS PROPERTY MANAGEMENT CODE; ADDRESSING OVERGROWN VEGETATION ON RESIDENTIAL AND VACANT LOTS; RELATING TO NUISANCES; ENDING SECTION SIX TO DECLARE OVERGROWN VEGETATION A NUISANCE ON RESIDENTIAL PROPERTY; CREATING SECTION SEVEN TO DECLARE NUISANCES FOR VACANT LAND; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION IN CODE AND AN EFFECTIVE DATE. XI. Assistant City Attorney Corbett read the title block of the Ordinance into the record. She stated that the intent is to obtain additional input from Council and permission to proceed with the adoption of the Ordinance. XI. Council Member Piper motioned for reconsideration; Council Member Wagner seconded. Council Member Piper spoke in support of it being applied City-wide. Council Member Nelson motioned to approve, to include residential, commercial, and industrial, with a first reading 5:30 P.M., December 1, 2004, at Bonita Springs Utilities; Council Member Piper seconded and the motion carried unanimously. D. APPROVE AN INTERLOCAL AGREEMENT WITH LEE COUNTY FOR CITY OF BONITA SPRINGS TO CONTRIBUTE $102, FOR LEE COUNTY TO PROVIDE TRANSIT SERVICES BY A FIXED ROUTE. City Attorney Vance read the request into the record. She suggested

8 XII. XII. XII. approving the agreement today, with an amendment to include a 6-month review period and Saturday service, once the cost for Saturday service is determined. Council Member Nelson motioned approval of the Interlocal Agreement; Council Member Grantt seconded. Ken Hoffman, Community Project Coordinator for the City, added that contingency funds would be utilized towards the difference. The motion carried unanimously. A. REVIEW OF MONTHLY FINANCIAL REPORT. Lisa Roberson, Deputy City Treasurer, furnished an overview of the Financial Report, which she stated was a quarterly report. She reported that Hurricane Charley expended $52,000 thus far. B. DISCUSSION OF POSSIBLE ACTION ON THE CITY'S FUNDING TO UPGRADE THE LANDSCAPING ON THE CURRENT BONITA BEACH ROAD WIDENING PROJECT. Daryl Walk, the City s Public Work s Manager, addressed this item, explaining that Lee County s plan involved core level, and that subsequently Council indicated a desire to upgrade landscaping along this area. There was $225,000 in the budget to step up landscaping in the area between I-75 and Mango to make more decorative. He further explained. Council Member Nelson questioned plans for repaving the area east of I-75. Nicole Maxey, with Lee County Department of Transportation responded that there were currently no plans for repaving the area east of I-75. She would look into the area from I -75 to Bonita Grande Drive. Mayor Arend addressed the drive in front of the Home Depot. Ms. Maxey stated that LCDOT was looking into a 6-lane design for the area of Old 41 Road and Imperial Street. Council Member Nelson addressed the need to work with the County to advance the scheduling as it relates to Bonita Beach Road. Council consensus was to move forward with shifting funding to further upgrade the landscaping between Old 41 Road and Mango Drive and hold off on upgrading for the area between Imperial Street and Old 41. C. REVIEW OF MONTHLY PROJECTS REPORT. City Manager Gary Price furnished a brief update on revisions to the Report, which, to date, reflects a total of 34 projects.

9 XII. XIII. APPROVE AGREEMENT WITH SCHULTZ, CHAIPEL & CO. FOR DEVELOPMENT OF FIVE YEAR FINANCIAL PLAN AND DEVELOPMENT OF MODEL FOR CONTINUING UPDATING OF PLAN, IN AN OUNT NOT TO EXCEED 23,000. Council Member Nelson motioned approval of the Agreement; Council Member Wagner seconded; and the motion carried unanimously. City Manager Gary Price reported that last month a total of 442 code enforcement complaints were handled. Also, approximately 600 stick-in-themud signs have been removed. Assistant City Manager Barbara Barnes-Buchanan informed everyone that the groundbreaking for the Bandshell was scheduled to take place 10:00 A.M., November 19, APPROVAL OF MINUTES: 11/03/04 Council Member Nelson motioned approval of the minutes; Council Member Grantt seconded; and the motion carried unanimously. ADJOURNMENT: There being no further items to report, the meeting adjourned at 12:50 PM Respectfully submitted, XV. APPROVED: BONITA SPRINGS CITY COUNCIL: Date: AUTHENTICATED: Jay Arend, Mayor Dianne J. Lynn, City Clerk Debra Muchler, Recording Secretary