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Agenda 11/03/1997 WCity Council: City Atta mey: Naples City Council Agenda City Council Chamber, 735 Eighth Street South, Naples, Florida Mayor:. Bill Barnett Vice Mayor. Marjorle Pmlman Bonnie IL M,u:lC~nzie, John IL Nocera, Fred I.. Suilivfn, Fred Tarsant, Peter TL Van Arsdale I~rmeth B. Cuyler- City Clerk: Tara A. Norman. City Manager. Dr. Richard L Woodruff Workshop Monday, November 3, 1997 9:15 mm- 1. Roll call 2. Items to be added 3. Presentation by Naples Players, Inc. of financial status of the building project. 4. Review of items on 1 I/5/97 Regular Meeting Agenda. Cor~spondence / Communications Open Public Input - At conclusion of agenda items 15 mlnu~e maximum (3 minutes per person) Adjourn NOTICE Formal action may be taken on any item discussed or added to this agenda. Any person who decides to appeal any decision maebe by the City Council with respect to any matter considered at this meeting (orheariflg) will need a :ecord of the pmc~ediflgs and may need to ensure that · verbatim record of the proceeding is made, which record includes the testimony a~d evidence upen which appeal la to be heard. Any person with a disability requiting auxiliary aids and services for ltais meeting may call the Ci~ Clctk'~ Ofl~ee at 434-4701 with requests at least Mo business days before the meeting date. City Council: City Attorney: Naples City Council Agenda City Council Chamber, 735 Eighth Street South, Naples, Florida Mayor: Bill Baraett Vice Mayor:. Marjorle Prolman Bonnie R. MacKenzie, John R. Nocera, Fred L. Sullivan, Fred Tarrant, Peter H. Van At, dale Kenneth B. Cuyler. City Clerk: Tara A. Norman. City blanager:. Dr. Richard L. Woodruff Welcome to today's City Council meeting. Il'you w/sh to address the Council regarding an iten~ listed on this agenda, plo'm: complete a registration form at the rear of the room and place it in the Request Box located to the fight of the City Attorney's seat on the Council dais prior to consideration of that item. We ask that speakers limit their comments to 4 minutes and that large groups name a spokesperson whenever possible. O,Vritten materials or other exhibi~ for ent~ into the permanent record must be received in the City Manager's Office by noon of the Monday prior to the City Council meeting.) Tlmak you for your interest and participation in City government. Regular Meeting Wednesday, November 5, 1997 9:00 a.m. All proposed ordinances and information on other items listed below may be inspected in the office of the City Clerk, Room B, City Hall, or at the Collier County Public Library Research Section, 650 Central Avenue. For further information, call the City Clerk's Office, 434-4701. Roll call Invocation and Pledge of Allegiance Announcements Fiscal Year 1997-98 Final Budget Overview Items to be added NOTICE Formal action may be taken on any item discussed or added to this agenda. Any person who deeidcs to appeal any decision made by the City Council with respect to any matter considered at this meeting (or hearing) will need a record of the proceedings and may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. Any person with a disability requiring anxiliaD' aids and sen'ices for this meeting may call the City Clerk's Office at 434-4701 with requests at least two business days before the meeting date. Regular Meeting of Wednesday, November 5, 1997 Page 2 Scheduled Agenda Items Some of the items on the following agenda may have been scheduled for an e~timated time. This schedule will be followed as closely as possible for the convenience of any citizen(s) wishing to address the CouaciL Items not li~ed at an estimated time will be considered at the discretion of the Council Consent Agenda All matters taken under this section are considered routine, and action will be taken by one motion. There will be no separate discussion of these items. If discussion is desired, that item(s) will be removed from the Consent Agenda and considered separately. 5-a. Approval of Minutes · Purchase Order -Police & Emergency Services · Purchase Authorization · Information Services · Purchase Order · Development Services · Purchase Order · Special Events Committee 5-b. -C, 5-d. Authorize the purchase of 3 police investigative vehicles \ Vendor: World Ford Hollywood, Hollywood, Florida \ Total Price: $43,995.00 \ Funding CIP #98H04. Authorize the purchase of additional disk storage and tape drive for the City's IBM AS/400 computer system \ Vendor: IBM Corporation,. Fort Myers, Florida \ Cost: $20,605.00 (not to exceed) \ Funding CIP #98T11. Authorize stormwater improvements on Lantern Lane north of Galleon Drive \ Contractor: Kyle Construction, Inc., Naples, Florida \ Cost: $67,~322.50 (not to exceed) \ Funding: CIP #98V09 (Stormwater M'aster Plan). Authorize the purchase, under a Collier County bid, of tires, tubes and related services \ Vendor: A-Expert Tire & Service, Inc. \ Fort Myers, Florida \ Cost: $60,000.00 \ Funding: Equipment Services 52-06 Account. Approval of the following special events: Naples Ancraf~ers Art Shows - 11/8/97, 1/I0/98 & 2/14/98 · Purchase Order .Utilities · Development Services · Bid//98-01 · Community Services · Purchase Order · Police & Emergency Services · Purchase Order · Police & Emergency Services · Purchase Order .Utilities Regular Meeting of Wednesday, November 5, 1997 Page 3 Authorize a purchase order, under a Collier County bid, for sulfuric acid for the Water Treatment Plant \ Vendor: SATCO, Inc., Tampa, Florida \ Estimated Annual Expenditure: $18,914.00 \ Funding: Water Treatment 52-80 Account. O) (2) 5-i. Authorize the following relating to emergency underground stormwater repairs: Pre-qualify Kyle Construction, Inc., Mitchell & Stark, Inc., D.N. Higgins, Inc., and Haskins, Inc. as annual contractors. Issue annual purchase orders, based on quotations from the selected annual contractors, in an amount not to exceed $95,000.00 \ Funding: CIP #98V09 (Stormwater Master Plan) Award a 2-year bid for trimming City- owned palm trees \ Contractor: Environmental Care, Inc., Fort Myers, Florida \ Estimated Annual Expenditure: $100,000.00 \ Funding: Parks & Parkways Other Contractual Services. Authorize the purchase of 3 computer file servers for the Police & Emergency Services Department \ Vendor: Gateway 2000, North Sioux City, South Dakota \ Total Price: $28,719.00 \ Funding: CIP #98H08. 5-k. Authorize the purchase ora Fire Operations, Battalion Chief vehicle, under the Florida Sheriffs Association contract \ Vendor: World Ford Hollywood, Hollywood, Florida \ Price: $27,671.00 \ Funding: CIP #98E25. 5-1. Authorize the purchase of filter media (gravel) for the Water Treatment Plant \ Vendor: National Suncoast Media Co., St. Petersburg, Florida \ Cost: $13,020.00 \ Funding: CIP #98K03. · Purchase Order .Utilities · Purchase Order -Utilities .Resolution · City File: CCSL 97-I8 · Petitioner: Lloyd Miller · Agent: Brett Moore, P.E., Humiston and Moore Engineers · Continued from 10/15/97 · Second Reading of an Ordinance · Approved at First Reading 10/1/97 · Continued from 10/15/97 · Second Reading of an Ordinance · Approved at First Reading 10/15/97 · Budget Amendment -Utilities Regular Meeting of Wednesday, November 5, 1997 Page 4 Waive competitive bids and authorize the purchase ofsurface filter sweeps from a sole source for use at the Water Treatment Plant \ Vendor:. MST Environmental Inc., Spring Hill, Florida \ Total Cost: $11,500.00 \ Funding: CD #97K03. Authorize the purchase of one high velocity sewer jet-rodder truck for use by the Utilities Maintenance/Wast ewater Collections Division \ Vendor: Atlantic Ford Truck Sales, Fort Lauderdale, Florida\ Total Price: $83,912.00 \ Funding: CIP #98N16. ° End Consent Agenda Public Hearing to consider granting a Coastal Construction Setback Line Variance to construct a guest house and garage, an in-ground swimming pool and pool deck, and a driveway Gulfward of the Coastal Cons.ruction Setback Line at 4550 Gordon Drive. Public Hearing to consider authorizing a bond issue, not to exceed $3 million, to enable the Naples Players, Inc., a Florida not-for-profit corporation, to finance the acquisition and construction ora community theater on City-owned property generally located on the right-of-way on 7th Street South, between 4th and 5th Avenues, in the redevelopment area of the City. Public Hearing to consider amending Section 1-15 (a) of the Code of Ordinances in order to increase the general penalty for violation of the Code of Ordinances and to amend the term of imprisonment. Consider a budget amendment in order to carry forward Capital Improvement Projects approved in fiscal year 1997, but not completed as of 9/30/97. I0. Consider a proposal by Hole, Montes & Associates, Inc., for design improvements to the Port Royal water storage facility \ Cost: $117.500.00 \ Funding: CIP #97K32. · Purchase Order · Development Services -Resolution · City Manager .Resolution .Mayor. · Community Services · 2 Resolutions · Subdivision Plat Petition 97-SD2 · Conditional Use Petition 97-CU14 · Petitioners: Richard and Barbara DeVoe · Agent: Charles M. Kelly, Esquire and John M. Passidomo, Esquire · Planning Advisory Board recommendation for approval · 2 Resolutions · City Clerk · City Manager Regular Meeting of Wednesday, November 5, 1997 Page 5 11. Consider at~er-the-fact purchase orders for installation of traffic calming measures: (Old Trail Drive) Contractor:. APAC- Florida, Inc., Naples, Florida \ Cost: $14,645.00 \ Funding: ella #98U12. (Myrtle Terrace, Bowline Drive, 7th Avenue North) Contractor:. Better Roads, Inc., Naples, Florida \ Cost $167,712.45 \ Funding: CIP #98U12. 12. Consider appointing a selection committe~ relating to professional design services for the Norris Community Center expansion and construction ora new Girl Scout House in Cambier Park. 13. Consider affixing the salary of the City Clerk. 14. Consider a special event policy for Cambier Park. 15-a. 15-b. Consider the combination of Lots 13, 14, and 15 ofthe Green Dolphin Section of Port Royal with an adjoining unplatted tract in the Champney Bay Section in order to form two single-family parcels at 3272 Green Dolphin Lane and the adjacent property. Consider a conditional use for single- family boat docks on the above created subdivision. 16. Consider appointing two citizens to the Carver Finance Corporation Board of Directors. 17. Consider an interlozal agreement relating to the maintenance and operation of the beach areas and related parking sites within the City. Correspondence and Communications Open Public Input Adjourn OFFICE OF CITY CLERI< Minutes submitted for approval: September 19, 1997 Special Meeting September 29, 1997 Workshop October 1, 1997 Regular Meeting October 13, 1997 Joint Workshop Meeting FACSIMILE {941) 434-4620 TELEPHCNE [94~$ 434-4701 SUNCC.~ 974-47(31 725 E!GHTH STREET. SCUTH · NAPLES. FLCRIDA 3394057-°6 City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Special Meeting, September 19; 1997 - 5:05 p.m. Mayor Barnett called the meeting to order and presided. ROLL CALL ...................................................................................................................... ITEM 1 Present: Bill Barnett, Mayor Marjofie Prolman, Vice Mayor Council Membzrs Bonnie R. MacKenzie John R. Nocera Marjorie Prolman Fred L. Sullivan Fred Tarrant Peter H. Van Arsdale Also Present: Dr. Richard Woodruff, City Manager William Harrison, Assistant City Manager Anne Middleton, Budget and Investment Manager Molly Reed, Recording Specialist Carl Shipley City Council Special Meeting-September 29, 199'7- 5:05 p.m. ' · ITEMS TO BE ADDED .................................................................................................... ITEM 2 None ORDINANCE 97-8084 ..................................................................................................... ITEM 3a AN ORDINANCE DETERMINING AND FIXING THE 1997 TAX LEVY AND MILLAGE RATE FOR THE CITY OF NAPLES, EXCLUSIVE OF DEPENDENT TAXING DISTRICTS, FOR THE PURPOSE OF PROVIDING SUFFICIENT FUNDS FOR TIlE GENERAL FUND OPERATIONS; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (5:05 p.m.) Public Input: None (5:05 p.m.) MOTION by Sullivan to ADOPT Ordinance 97-8084 as submitted; seconded by Van Arsdale and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale.yes, Barnett-yes). Mayor Barne~ noted that Carl Shipley had asked for clarification of the 3.9% increase City tax revenue. Assistant City Manager William Harrison addressed the question, noting that the City budget was continuing the 1.18 mil levy which had been in place for several years and pointed out that increased property values in the City negated an increase in property taxes. Property taxes would amount to 3.9% more tax revenue in 1998 over 1997. However, he said, increases in inflation and the costs of wages, supplies, vehicles, etc. to the City will hold the real cost of government at less than 1% for 1998. ORDINANCE 97-8085 ..................................................................................................... ITEM 3b AN ORDINANCE DETERaMINING AND FIXING THE 1997 TAX LEVY AND MILLAGE RATE FOR THE EAST NAPLES BAY SPECIAL TAXING DISTRICT, FOR THE PURPOSE OF PROVIDING SUFFICIENT FUNDS FOR THE OPERATIONS OF THE SPECIAL TAXING DISTRICT; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (5:07 p.m.) Public Input: None (5:07 p.m.) MOTION by Sullivan to ADOPT Ordinance 97-8085 as submitted; seconded by Nocera and unanimously carried, all members present and voting (MacKenzie- yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). ORDINANCE 97-8086 ..................................................................................................... ITEM 3c AN ORDINANCE DETERMINING AND FIXING THE 1997 TAX LEVY AND MILLAGE RATE FOR THE MOORINGS BAY SPECIAL TAXING DISTRICT, FOR THE PURPOSE OF PROVIDING SUFFICIENT FUNDS FOR THE OPERATIONS OF TI-IE SPECIAL TAXING DISTRICT; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title Read by Assistant City Manager Harrison. (5:08 p.m.) Public Input: None (5:08 p.m.) MOTION by Sullivan to ADOPT Ordinance 97-8086 as submitted; seconded by Nocera and unanimously carried, ail members present and voting (MacKenzie- 2 yes, Nocera-yes, Prolman-.}es, Sullivan-yes, Tarrant-yes, Fan Arsdale-yes, Barnett-yes). ORDINfiaNCE 97-8087 ..................................................................................................... ITEM 4a AN ORDINAfqCE ADOPTING THE FINAL BUDGET FOR THE EAST NAPLES BAY SPECIAL TAXING DISTRICT FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF NAPLES FOR THE GENERAL OPERATION OF 'rile EAST NAPLES BAY SPECIAL TAXING DISTRICT FOR AND DURING FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (5:09 p.m.) Public Input: None (5:09 p.m.) MOTION by Sullivan to .ADOPT Ordinance 97-8087 as submitted; seconded by Van Arsdale and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, I"an .4rsdale-yes, Barnett-yes). ORDINANCE 97-8088 ..................................................................................................... ITEM 4b AN ORDINANEE ADOPTING THE FINAL BUDGET FOR THE MOORINGS BAY SPECIAL TAXING DISTRICT FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF NAPLES FOR THE GENERAL OPERATION OF THE MOORINGS BAY SPECIAL TAXING DISTRICT FOR AND DURING FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison (5:09 p.m.) Public Input: None (5:09 p.m.) MOTION by Sullivan to ADOPT Ordinance 97-8088 as submitted; seconded by Van /trsdale and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Fan Arsdale-yes, Barnett-yes). ORDINANCE 97-8089 ..................................................................................................... ITEM 4c AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF NAPLES, EXCLUSIVE OF DEPENDENT TAXING DISTRICTS, FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF NAPLES FOR THE GENERAL OPERATION OF THE SEVERAL DEPARTMENTS OF THE CITY, INCLUDING UTILITIES, AND FOR CONTRIBUTING TO THE SINKING FUNDS OF THE CITY TO PAY INTEREST ON AND PROVIDE FOR THE RETIREMENT OF THE OUTSTANDING BONDS AND OTHER FIXED OBLIGATIONS OF THE CITY AND THE UTILITY TAX FUND FOR AND DURING THE FISCAL YEAR COMMENCING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (5:10 p.m.) Public Input: None (5:10 p.m.) City Council Special Meeting - September 29, 199'/- 5:05 p.m. MOTION by Sullivan to ADOPT Ordinance 97.8089 submitted; seconded by Van Arsdale and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). ORDINANCE 97-8090 ..................................................................................................... ITEM 4d AN ORDINANCE AMENDING THE FINAL BUDGET FOR THE FISCAL YEAR 1996 - 1997; RE-APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF NAPLES FOR THE GENERAL OPERATION OF THE SEVERAL DEPARTMENTS OF THE CITY, INCLUDING UTILITIES, AND FOR CONTRIBUTING TO THE SINKING OF THE OUTSTANDING BONDS AND OTHER FIXED OBLIGATIONS OF THE CITY AND THE UTILITY TAX FUND FOR AND DURING THE FISCAL YEAR 1996 - 1997 PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (5:11 p.m.) Public Input: None (5:11 p.m.) Mr. Harrison noted that a minor change in the ordinance from first reading represented less than tA of I%, which the City Attorney determined did not warrant a First Reading. ~QTION by Sullivan to rlDOPT Ordinance 97-8090 submitted; seconded by Van Arsdale and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). Council Member Van A.rsdale requested that future budgets reflect the increase in terms of the effects of inflation, wages and supplies and so on. Assistant CiD' Manager Harrison reported that the request could easily be complied with since departments are automatically given the same allotments as the previous year with departmental requests for additional funds handled separately. Council Member Sullivan asked, in addition, that the breakdown be presented on a departmental basis and Mr. Harrison said it would be. .............................................................................................................................................. ITEM 5 ADOPTION OF THE ANNUAL WORK PROGRAM FOR 1997-98. (5:13 p.m.) City Manager Richard Woodruff explained that the Annual Work Program needed Council's motion of approval with the understanding that additions will be formally made during the ensuing year. Vice Mayor Prolman said she had not yet examined the program and requested the opportunity to review it; the City Manager responded that amendments can be made to the program tl'u'oughout the year. Public Input: None (5:14 p.m.) MOTION by MacKenzie to APPROVE. the Annual Work Program for 1997-98; seconded by Sullivan and unanimously carried, all members present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). Council Member Van Arsdale commended the Work Program, which he said helped all City officials to remain focused. 4 · ' City Council Special Meeting- September 29, 199'/- 5:05 p.m. CORRESPONDENCE AND COMMUNICATIONS ........ - A letter was presented to Council from Carl SMpley, 475 Galleon Drive, expressing disapproval of the 41-10 plan because he understood it would result in removal of 135 t~es and would increase building heights to 50 feet. OPEN PUBLIC INPUT ...................................................................................................... None 5:15 p.m. Bill Barnett, Mayor Tara A. Norman, City Clerk Prepared by: Molly Reed, Recording Specialist Minutes Approved: City Council Chamber 735 Eighth Street South : laples, Florida 34102 City Council Workshop Meeting - September 29, 1997 - 8:30 a.m. Mayor Barnett called the meeting to order and presided. ROLL CALL ...................................................................................................................... ITEM 1 Present: Bill Barnett, Mayor Ma.rjorie Prolman, Vice Mayor Council Members: Bonnie R. MacKenzie John R. Nocera - arrived at 8:32 a.m. Fred L. Sullivan - arrived at $:31a. m. Fred Tarrant Peter H. Van A.rsdale Also Present: Dr. Richard Woodruff, City Manager Kenneth Cuyler, City Attorney William Harrison, Assistant City Manager Missy McKim, Planning Director Kevin Rambosk, Chief of Police and Emergency Services Don Wirth, Community Services Dir. Richard Gatti, Development Services Dir. Patricia Rambosk, Legal Assistant George Archibald, Traffic Engineer Ann Walker, Planner Robin Williams, Executive Secretary Joanne Bradford, Administrative Assistant Molly Reed, Recording Specialist Virginia Corkran Mardon ColIins Betty Young John Passidomo Sewell Corlrd'an Everett Thayer Other interested citizens and visitors Media: Dave Taylor, Media One City Council Workshop Meeting - September 29, 1997.8:30 a.m. ITEMS TO BE ADDED .................................................................................................... ITEM 2 None. .............................................................................................................................................. ITEM 5 DISCUSSION REGARDING ALLEY VACATION POLICY. (8:32 a.m.) City Manager Richard Woodruff introduced the topic by noting that the proposed alley vacation policy was administrative and could remain as such or be converted to a Council policy. He explained that, currently specific criteria must be followed in order for staff to recommend an alley vacation, and referred Council to an alleyway map showing current alleyway conditions. (A copy of this material is contained in the file for this meeting in the City Clerk's office.) An administrative policy is binding on the staff, Dr. Woodruff noted, but is not binding on the Council who can make independent rulings. This, he said, is an incentive for Council to retain the administrative policy. Council Member Van Arsdale called for recognition in the administrative policies on the importance of alleyways to the City's transportation grid since future growth may reveal value in available alleys. Dr. Woodruff pointed out that the new criteria would result in very few alley vacations recommended by staff; all recommendations would come before Council for separate review and final decision. Planning Director Missy McKim remarked that the Planning Advisory Board must also approve alley vacations. It was the consensus of Council to continue the alley vacation policy as an administrative memo under the authority of the City Manager and including a narrative on the importance of allo's. (Tarrant dissenting) .............................................................................................................................................. ITEM 3 PRESENTATION BY ARCHITECT AL FRENCH OF FINAL PLANS FOR ARTS CENTER IN CAMBIER PARK. (8:39 a.m.) In introducing architect Al French, City Manager Richard Woodruff noted that the art center had been designed and construction bids were out. Mr. French began his presentation by first pointing out several minor changes that had been made since Council's last review of the project. The roof had been changed to dark green aluminum which is generally maintenance-free, carries a 10 year warranty against fading and, although more expensive than concrete tile, holds up well in hurricanes. The other changes were modifications required to accommodate Council's mandated 8,000 square foot limit, a cultural connection across Fifth Avenue to link with the Naples Player's building, and an emergency exit stair added to the north side of the building. Council Member Van Arsdale suggested installation ofplanters to enhance the alley parking and to keep cars from abutting a walkway, and Mr. French commended the idea. Betty Young, project director for the art center assured Council Member Tarrant that paint, chemicals, and paint so!vents, none of wl'Lich are flammable, would not be disposed of at the art center. Mr. Tan'ant then asked whether any shade trees would be removed and questioned whether the pavilion and the Girl Scout house would be affected. Mr. French responded that an estimated eight to ten trees were scheduled by staff for removal, some of which were diseased. 2 City Council Workshop Meeting - September 29, 1997 - 8:30 a.m. Twenty new shade trees were to be added on the park side of the art center and new palm trees would be added to the north and west sides. Dr. Woodruff clarified that the Art Association's landscape architect, Ellen Getz, would be coordinating v, qth the City's landscaper, and reported that an estimated three to four trees would replace every removed tree. As for the two structures, Mr. French said he recommended relocation of the pavilion whereas the Girl Scout house would not be affected. In response to questions from Council Member Tan'ant, City Attorney Cuyler made the following clarifications: although litigation is pending, the agenda item now under discussion specified a presentation only and none of the commentary appeared adverse to the case. Mr. French pointed out that the design is for a building of 7,990 square feet, which meets the mandated 8,000 square foot limit. However, according to City code, a painting studio on the second floor required only one exit that was not only insufficient but also a probable flaw in the code. In seeking a solution for an additional exit, it was determined that a metal fire escape outside the building would be unsightly and would interfere with the cultural connection to Fifth Avenue. Therefore, an outside stairway was designed for the north side as an integral pan of the building and, inasmuch as it serves no purpose other than a public safety feature, Mr. French said it had not been included in the 8,000 square-foot rule. Council Member Tan'ant questioned the letting of bids for the building since litigation had been initiated and there had, as yet, been no decision from the judge. Ms. Young responded that the bids were to be returned by September 30th for board review, adding that the Association was moving forward at the advice of its attorney. Dr. Woodruff explained that because no injunctions had been filed, the City would process the building permits. Mr. Tarrant, however, requested the record reflect his opinion that the agenda item and the ensuing discussion were detrimental to the orderly legal process. Council Member Sullivan expressed concern that excluding the fire stairs from the total square footage would set a precedent, but Dr. Woodruff explained that the stairs were classified as non- mandatory and would be eliminated if the 8,000 square-foot limit was required to include them. However, Mr. Sullivan said he preferred assurance that the City would be protected in the future should mandatory fire escapes that expand a building's footprint be prohibited. Dr. Woodruff noted that the fire stairway does not violate setback or lot coverage regulations and, therefore, Council would not be establishing a precedent. Ms. Young announced that the Art Association had met all of their fund-raising goals and intended to occupy the new building free of debt. Council Member Tarrant asked whether the association would be serving alcohol since the building would be located in a public park, and Ms. Young responded that serving wine and champagne had been a 43-year tradition, which Council had agreed to allow it to continue. Planning Director Missy McKim concluded by noting that the Staff'Action Committee (SAC) had approved the plans presented by Mr. French. Break 9:28 a.m. to 9:35 a.m. It is noted for the record that the same Council Members were present when the meeting reconvened. ~.,t.~ ~..uunc, workshop ,~leet~ng- ~tptemoer ~, lyy/ - e:.~u a.m. .............................................................................................................................................. ITEM 4 DISCUSSION OF PROPOSED FINES FOR CITY CODE VIOLATIONS. (9:35 a.m.) Dr. Woodruff related that at Mayor Bamett's request, an 18-month review of the City's code enforcement fines had been accomplished. Chief' of Police and Emergency Services Kevin Rarnbosk and Legal Assistant Patricia Rambosk presented the results of their study along with suggestions for improvement. (Copies of' the presentation transparencies are contained in the file for this meeting in the City Clerk's office.) Chief Rambosk noted that codes among Florida cities are so varied that no two ordinances are similar. Having studied the codes of ordinance for a variety of cities, it was determined that the West Palm Beach system appeared most comparable to the goals of Naples. By way of background information, Chief Rambosk explained that the Naples Code Enforcement Board was created in 1986; the state has allowed cities to enforce all the codes within a city since 1999. A major change occurred in 1994 when the state created a supplemental municipal code, enabling cities to develop their own enforcement procedures. Ms. Rambosk pointed out that although Naples' code allows the Code Enforcement Board (CEB) to hear all violations, it does not authorize written notices to enforce the code. The City's current process is lengthy, allowing a maximum fine of :t;250.00 (even though the state permits a $500.00 fine), with no control over the collection method and no method for bringing violators to COUrt. Chief Rambosk suggested adoption of a supplemental code enforcement procedure to enable enforcement personnel to issue citations and allow Council to review and establish fines. He said that the courts fixed a $36.00 fine for a "Notice to Appear," which the judge could increase to $300.00 if' a contested hearing found against the violator. He further suggested procedures to classify and define civil, serious, and repeat violations along with an escalating fine system and police empowerment to issue on-the-spot citations. Under Florida Statute, all fines can be contested in county court, but, by setting fines directly, the City would become a recipient of the revenues. Among the advantages of the recommended changes, Chief Rambosk said, is that fact that the CEB would be relieved of' hearing minor offenses and the elapsed time from citation to solution would be shorter. Chief Rambosk requested direction from Council to proceed with ordinance changes, and Mayor Barnett said he hoped Council would concur. Vice Mayor Prolman asked for assurance that the City Attorney be included in ordinance drafting, and Council Member Nocera asked whether the warning system would be continued. Chief Rambosk said some immediate fines would remain, such as glass on the beach, but other types of infractions would include a warning system of five to seven days before being issued a $250.00 ticket. The ordinance changes could be ready for Council action in approximately two months, he said. Council Member Nocera expressed concern regarding an additional burden on the county court system, but was assured that, since all violations have the potential to go to the courts, no new impact was anticipated. Dr. Woodruff said he anticipated an impact on compliance rather than on the courts or revenue. Council Member Tarrant wanted to know the 4 ~nty L. ounc. WorKshop Meeting - September 29, 1997 - 8:50 a.m. level of citizen involvement in developing the program and Chief Rambosk responded that many of the homeowner associations had requested better enforcement. It was the consensus of Council to proceed with ordinance changes enabling enforcement personnel to issue citations for City code violations and providing a mechanism to setfines. .............................................................................................................................................. ITEM 6 REVIEW OF ITEMS ON OCTOBER 1, 1997 REGULAR MEETING AGENDA. (10:06 a.m.) Item 5h Item 6 Item 7. Item 8. Item 12 Item 14 Item 17 Item 18 (Purchase order for wooden street signs) City Manager Richard Woodruff said he would provide Council with the actual bids and a list of neighborhoods lacking wooden entry signs. (Revision of signage standards for Gateway of Naples Shopping Center) City Manager Woodruff said he would include the requirement for numerical street numbers on the sign. (PD Amendment for parking garage on 4th Avenue South) Planning Director Missy McKim said Council would receive a new staging plan for the Naples Players and traffic revisions. City Attorney Kenneth Cttyler said he would issue a memo regarding the amendment to the development agreement. (PD Amendment to permit Naples Players use of western 80 feet and access from 4th Avenue South) City Manager Woodruff will provide Ordinance 92- 6710, Sections 1 and 2 which are considered for replacement. (Authorizing a bond issue for the Naples Players, Inc., to construct a theater) City Manager Woodruff will provide an explanation on the effects shouM the Naples Players default on the bond issue. (Conditional use for rental of motor vehicles and mopeds) City Manager Woodruff will explain how electric mopeds will be affected by the ordinance. (Conditional use for staged entertainment at 2950 9th Street North) In the event the item remains on the agenda. City Manager Woodruff wilI report on the history of complaints at the address in question. (An interlocal agreement on beach parking) This item will be added to the October 1st agenda. ADJOURN .................................................................................................. 10:13 a.m. It is noted for the record that this meeting adjourned at 10:13 a.m and reconvened at 11:29 a.m. in order to complete the Agenda. Mayor Barnett reconvened the meeting at 11:29 a.m. All Council Members were present. .............................................................................................................................................. ITEM 8 BALLOT QUESTIONS REGARDING NAPLES MUNICIPAL AIRPORT. (11:29 a.m.) 5 City Council Workshop Meeting-September 29, 1997 - 8:30 a.m. Council Member Nocera presented three questions for the February 3, 1998 general election ballot (Attachment 1), emphasizing that the purpose was to survey voters by way of a non- binding straw vote to evaluate public experience with the airport. Mayor Barnett asked what conclusions could be drawn from voter responses. Council Member Nocera responded that the first question would determine the number of Naples voters who actually use the airport and the second would reveal whether citizens considered the airport an asset. Mayor Barnett asked what the recourse would be if the majority responded that the airport is not an asset; and Mr. Nocera said they should then consider relocating it. Council Member Van Arsdale, however, objected to the use of yes-no questions to determine public opinion, suggesting that a survey or opinion poll would be more accurate. The third question asked if the voter had experienced noise-related problems fi'om the airport, and Mr. Nocera pointed out that if the responses were unanimous, the noise problem would have to be addressed more seriously. Council Member Tarrant commended Mr. Nocera's efforts but stated that he would prefer a mail-in opinion survey for evaluating public sentiments and suggested the issue be tabled pending more information on the cost and relevance of such a survey. City Manager Woodruff pointed out that ballot questions help determine the precincts of the City most affected by specific questions. He noted, on the other hand, that an independent survey could encompass a broad range of issues; and offered to invite an independent survey company to meet with Council to discuss techniques and costs. Council Member Tarrant indicated that until the airport master plan had been completed and analyzed, relevant questions about the airport could not be formulated. Vice Mayor Prolman said she felt that opinion polls tend to be capricious and shore-term and, therefore, she suggested that a poll by the various neighborhood associations would garner the same data as a ballot question. It was the consensus of Council to exclude the suggested questions regarding Naples Municipal Airport from the February ballot. Council instructed City Manager Woodruff to report to the workshop of October 13th on the feasibility ora citywide survey on major issues. Open Public Input: (11:46 a.m.) Everett Thayer was not present when called to speak. Matron Collins, 1685 Airway Drive, commended Council Member Nocera for addressing the issues at Naples Airport. She expressed opposition to the current autonomy of the Naples Airport Authority. .............................................................................................................................................. ITEM 7 DISCUSSION OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERMODAL APPLICATION. (10:49 a.m.) City Manager Richard Woodruff said that the City had submitted an application for Florida Department of Transportation Intermodal Funds, traditionally viewed as a staff administrative function. He noted that several Council members had expressed concern regarding the appropriateness of staff having filed the application and, therefore, the subject was being presented for Council direction on whether to continue or withdraw the document. It is noted for the record that Mayor Barnett left the meeting at 11:50 a,m. and Vice Mayor Prolman presided for the remainder of the meeting. 6 City Council Workshop Meeting- September 29, 1997 - 8:30 n.m. Dr. Woodruff clarified that the grant application did not assume a position had been taken on a second Gordon River bridge, but merely to have supplemental funding available for the future. He noted that the Metropolitan Planning Organization (MPO) master plan indicates the need for a second bridge by 2004 and a third by 2020; since a bridge would connect with the airport, the funding therefore becomes "intermodal." He emphasized that while the funds applied for would be insufficient for building a bridge, it seemed prudent to submit an application inasmuch as they would be available for future use. Vice Mayor Prolman stated that Council should have been informed of the application prior to its submission since the bridge is a controversial issue and expressed concern that her knowledge of the document had been gained from a newspaper article. Council Member Tarrant questioned the authority of the MPO to direct the City engineering division to apply for bridge funds prior to public hearings at the Planning Advisory Board (PAB) and the Council. Dr. Woodruff responded that the Collier County Commission is able to build roads, such as Goodlette-Frank Road, within the City and the MPO plan calls for the bridges to be built in the future. Mr. Tarrant asked if the MPO had similar jurisdiction and learned that, indeed, the MPO can unilaterally construct bridges and roads within the City. City Attorney Kenneth Cuyler said a review of the file indicated that the Florida Department of Transportation (DOT) had requested the application information be forwarded to the MPO, which was then required to forward it to its members who, in turn, could apply for the funds through the MPO. Nevertheless, Mr. Tarrant said it did not seem appropriate for the City to apply for bridge funds simply because Florida DOT asked them to. City Manager Woodruff acknowledged that Council had not been included in the information process and asked whether they preferred to have the application withdrawn. He emphasized, however, that the application for the funds would not result in either a bridge or in an obligation to build one. Traffic Engineer George Archibald reported that he had, in fact, submitted the application after having discovered FDOT required a response within five working days. Further, Dr. Woodruff noted that staff regularly applies for grants without advising Council unless the funds are relevant to an issue before Council. Council Member Tarrant said the grant application should be withdrawn and Council Member MacKenzie asked what the effect of withdrawal would be. Council learned that the MPO could, in fact, choose to disregard the request for withdrawal or accept it and simply use the funds for another project. Mr. Archibald explained that FDOT's five-year program would be reviewed in 1998, at which time the City would know if the application had received serious consideration. Council Member Nocera said he supported taking advantage of available grant funds whenever possible. Dr. Woodruff confirmed that Council normally has input on how grant funds are spent even though Council may not have been pan of the application process. MOTION by Van Arsdale to HAVE THE APPLICATION STAND AS SUBMITTED; seconded by Nocera and carried 4-2 (Mackenzie and Tarrant dissenting, Barnett absenO, Open Public Input (continued): (12:07 a.m.) Sewell Cork, ran, 213 9th Avenue South, staled that the MPO is required to conform to the plans of each government member, including the City of Naples. The Naples Comprehensive Plan, he said, does not include a bridge and, therefore, to seek money to build a bridge is contrary thereto. Vice Mayor Prolman declined Council Member Tarrant's request that the vote regarding the MPO funding application be reopened. Correspondence and Communications - None AD~J O URN eeeeleoee eec eeo eo · oo oe · · · · oeo · · loo oeec · · · e®e®oe eec ooeoeoeeeee oe.leeee~eeooeeoe®eoeJeeeoeee ee eeeeee le · eeeooee eeee oe · e*e oeooee eeoeeo®eee*e 12:~0 a.m. Bill Barnett, Mayor Tara A. Norman, City Clerk Prepared by: Molly Reed, Recording Specialist Minutes Approved: NAPLES AIRPORT PROPOSED BA/~LOT QUESTIONS DID YOU PERSON]~LLY USE THE NAPLES AIRPORT DURIN~ CALENDAR YEAR 1997, EITHER AS A PILOT OR AS A FARE PAYING PASSENGER ONn ' ___~___""='"~"'--' A~.INE? YES NO DO YOU BELIEVE THAT T~E NAPLES AIRPORT IS AN ASSET TO OURCOHXUNITY? YES NO DURING 1997, DID YOU EXPERIENCE ANY NOISE RELATED PROBLEMS FROM PLANES LANDING OR TAKING OFF FROM THE NAPLES AIRPORT THAT YOU WOULD CONSIDER DISRUPTIVE TO_ YOUR NORMAL ACTIVITIES? NO Att~t 1 Works~ Me~ting of 9/29/97 Pa~e 1 of 1 City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Regular Meeting- October 1, 1997 - 9:00 a.m. Mayor Barnett called the meeting to order and presided. ROLL CALL .................................................................................................................. ITEM 1 Present: Bill Barnett, Mayor Marjorie Prolman, Vice Mayor Council Members: Bonnie R. MacKenzie John R. Nocera Fred L. Sullivan Fred Tan:ant Peter H. Van Arsdale Also Present: Dr. Richard Woodruff, City Manager Kenneth Cuyler, City Attorney Tara Norman, City Clerk William Harrison, Assistant City Mgr. Missy McKim, Planning Director Susan Wiesing, Human Resources Dh'. Dan Mercer, Utilities Director Jon Staiger, Natural Resources Manager Virginia Neet, Deputy City Clerk Flinn Fagg, Planner Ann Walker, Planner Molly Reed, Recording Specialist Robin Williams, Executive Secretary Marsha Litsinger, Training Dev. Coord. Brenda Cairns, Administrative Assistant Michael DeAngelo Meter Operations Supt. Jim Smith Joyce Hepner Dennis Cronin Pastor David Mallory Robert Roland Wemer "Duke" Haardt Charlie Andrews James Rideoutte Sam Wilson Andrea Clark Brown John L. McWilliams Other interested citizens and visitors Media: Frank Kinsman, WNOG Marc Caputo, Naples Daily News City Council Regular Meeting-October 1, 1997-9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE ...................................................... ITEM 2 Pastor David Mallory, First Assembly of God, presented the invocation and Duke Haardt led the Pledge of' Allegiance. ANNOUNCE1VEENTS. ................................................................................................... .ITEM 3 Training and Development Coordinator Marsha Litsinger introduced members of the City Employee Blue Ribbon Customer Service Committee and commended all the members for outstanding service in creating the program. Blue Ribbon Customer Service tee shirts were then presented to each Council Member. Utilities Director Dan Mercer presented certificates to employees in the Utilities department who had successfully completed state Water Distribution Licensing. (Attachment 1) ITEMS TO BE ADDED ................................................................................................. ITEM 4 City Manager Richard Woodruff requested the following items be added to the Agenda: Item 18 Consider an interlocal agreement with Collier County regarding beach parking for City and County residents. Item 19 Consider authorizing a lO-foot easement for Florida Power and Light through section of Carnbier Park for underground eIectric service to park facilities. MOTION by Van Arsdale to SET AGENDA ADDING ITEMS 18 AND 19; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, gan Arsdale-yes, Barnett-yes). RESOLUTION 97-8091 ............................................................................................... ITEM 16 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NAPLES AND FIRST ASSEM3LY OF GOD CHURCH FOR PROPERTY OWNED BY THE CITY ON SHADOWLAWN DRIVE; AND PROVIDING AN EFFECTIVE DATE. Title not read. (9:18 a.m.) City Manager Richard Woodruff explained that two years ago the church had offered to purchase the City's property on Shadowlawn Drive, but an a,~angement was made to lease it to the church with the understanding that the City could cancel the lease at any time. It was learned that City Attorney Kenneth Cuyler's office had reviewed the terms &the lease. Public Input: None (9:19 a.m.) MOTION by Nocera to APPROVE Resolution 97-8091 as submitted; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale.yes, Barnett-yes). CONSENT AGENDA APPROVAL OF MINUTES ......................................................................................... ITEM 5a September 15, 1997 Workshop Meeting. ..................................................................................................................................... ITEM 5b AWARD A BID FOR TRIMMING OF CITY-OWNED PALM TREES (2-YEAR BID) \ CONTRACTOR: A&D LAWN & TREE SERVICE, NAPLES, FLORIDA \.ESTIMATED ANNUAL EXPENDITURE: $80,000.00\ FUNDING: PARKS & PARKWAYS (OTHER CONTRACTUAL SERVICES) 2 ..................................................................................................................................... .ITEM 5c APPROVE PURCHASE ORDERS, BASED ON AN EXISTING COLLIER COUNTY CONTRACT, FOR SURVEYING SERVICES ON A PROJECT TO PROJECT BASIS SUBJECT TO QUOTATION/HOURLY RATE ANALYSIS FOR EACH PROJECT \ SELECTED ENGINEERS: AGNOLI, BARBER & BRUNDAGE, COASTAL ENGINEERING, JOHNSON ENGINEERING, WILKISON & ASSOCIATES, INC., AND WILSON-MILLER-BARTON & PEEK, INC. \ ESTIMATED ANNUAL COST: $35,000.00. \ FUNDING: APPLICABLE CIP PROJECTS. RESOLUTION 97-8092 .............................................................................................. .ITEM 5d AUTHORIZE A CHANGE ORDER TO THE DYER, RIDDLE, MILLS & PRECOURT, INC. CONTRACT FOR THE "GATEWAY TO NAPLES" PROJECT IN ORDER TO INCLUDE POST-DESIGN SERVICES \ ESTIMATED COST: $22,500.00 (NOT TO EXCEED) \ FUNDING: CIP PROJECT 97110. (Title not read.) ..................................................................................................................................... .ITEM 5e AUTHORIZE PURCHASE ORDERS TO PRE-QUALIFIED CONTRACTORS FOR EMERGENCY UNDERGROUND UTILITY REPAIR WORK \ CONTRACTORS: KYLE CONSTRUCTION, INC, MITCHELL & STARK, :NC., D.N. HIGGINS, INC., ItASKINS, INC. \ ESTIMATED ANNUAL EXPENDITURE: $75,000.00 (NOT TO EXCEED) \ FUNDING: APPLICABLE CIP PROJECTS. ...................................................................................................................................... ITEM 5f AUTHORIZE AN AFTER-THE-FACT CHANGE ORDER FOR ADDITIONAL CITY YARD SITE DEVELOPMENT \ CONTRACTOR: APAC-FLORIDA, INC., NAPLES, FLORIDA \ A.MOUNT: $54,319.47 \ FUNDING: VARIOUS CAPITAL IMPROVEMENT PROJECTS INCLUDING CIPg97J01, #97U20, AND 97106. ..................................................................................................................................... ITEM 5g AUTHORIZE AN AFTER-THE-FACT ADDITION TO THE WEST BOULEVARD WATER, SEWER, AND DRAINAGE IMPROVEMENTS PROJECT FOR CONSTRUCTION OF A SIDEWALK ON THE WEST SIDE OF WEST BOULEVARD FROM SEAGATE DRIVE TO WHISPERING PINES \ AMOUNT: $29,925.00 (NOT TO EXCEED) \ FUNDING: WEST BOULEVARD PROJECT. ..................................................................................................................................... ITEM 5h AUTHORIZE A PURCHASE ORDER FOR WOODEN STREET SIGNS ON AuN' AS NEEDED BASIS \ VENDOR: QUALITY GRAPHICS SIGNAGE \ COST: $20,000.00 (NOT TO EXCEED) \ FUNDING: TRAFFIC MAINTENANCE BUDGET AND NEIGHBORHOOD PARTICIPATION. END CONSENT AGENDA MOTION by Sullivan to APPROVE the Consent Agenda as submitted: seconded by Van Arsdale and unanimously carried, all members present and voting ~IacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). ORDINANCE 97-8093 ................................................................................................... ITEM 6 AN ORDINANCE GRANTING REZONE PETITION 97-R5 IN ORDER TO AMEND THE PLANNED DEVELOPMENT DOCUMENT FOR GATEWAY OF NAPLES SHOPPING CENTER, MORE PARTICULARLY DESCRIBED HEREIN, IN ORDER TO REVISE City Council Regular Meeting -October 1, 1997-9:00 a.m. THE PERMITTED SIGNAGE STANDARDS TO ALLOW THE NAMES OF UP TO FOUR (4) MAJOR TENANTS ON THE EXISTING MONUMENT SIGN LOCATED ON U.S. 41; PROVIDING A SEVER.ABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by City Manager Woodruff. (9:20 a.m.) Council Member MacKenzie commended staff for including the requirement for the street location numbers on the sign. Public Input: None (9:20 a.m.) MOTION by Sullivan to/IPPRO VE Resolution 97-8093 as submitted; seconded by Van Arsdale and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). RESOLUTION 97-8094 ................................................................................................. ITEM 7 A RESOLUTION GRANTING DEVELOPMENT AGREEMENT PETITION 97-D2(a) WHICH IS A FIRST AMENDMENT OF A DEVELOPMENT AGREEMENT DATED NOVEMBER9, 1992, APPROVED BY RESOLUTION 92-6711 APPROVING A PARKING GARAGE ON THE CITY PARKING LOT LOCATED ON FOURTH AVENUE SOUTH BETWEEN SEVENTH AND EIGHTH STREETS SOUTH, MORE PARTICULARLY DESCRIBED HEREIN, INCLUDING PROVISIONS TO ALLOW THE NAPLES PLAYERS TO USE THE WESTERN 80 FEET; TO SET THE TIMEFRAME FOR THE CITY TO CONSTRUCT THE GARAGE; TO PROVIDE ACCESS BETWEEN THE PLAYERS' THEATER AND THE GARAGE FROM THE ALLEY TO FOURTH AVENUE SOUTH; TO INCLUDE THE THEATER PLAN, NOT TO EXCEED 70 FEET IN HEIGHT TO THE TOP OF THE FLY TOWER, THE PARKING GARAGE PLAN FOR A MINIMUM OF 344 PARKING SPACES AND NOT TO EXCEED 50 FEET IN HEIGHT, THE CONSTRUCTION STAGING PLAN AND CITY PLAZA PLAN; TO INCORPORATE THE PARKING MANAGEMENT PLAN WHICH IS AN AGREEMENT BETWEEN THE PARTIES; AND TO ESTABLISH ENFORCEMENT AND REMEDIES. THE DEVELOPMENT AGREEMENT IS BETWEEN THE CITY OF NAPLES AND WESTBURY EMERALD GREENS, INC., A FLORIDA CORPORATION, THE SUCCESSOR TO STUART O. KAYE, TRUSTEE, OF NAPLES, FLORIDA; MOM'S PARTNERS, A FLORIDA GENERAL PARTNERSHIP, WITH WALTER JAMES SMITH AS GENERAL PARTNER, SUCCESSOR TO WALTER JAMES SMITH AND LOIS EILEEN SMITH, INDIVIDUALLY, AND GERALDINE C. SMITH, AS TRUSTEE OF THE GERALDINE C. SMITH REVOCABLE TRUST; LARRY A. WYNN, AS TRUSTEE OF THE DON Q. AND ANNIE MERLE WYNN IRREVOCABLE TRUST DATED 8/26/93, SUCCESSOR TO DON Q. WYNN AND ANNE WYNN; AND THIS FIRST AMENDMENT JOINED BY THE NAPLES PLAYERS, INC.; AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Woodruff. (9:21 a.m.) Planning Director Missy McKim reported that this development agreement is an amendment to the one approved by Council in 1992 and, as such, reflects the current conditions. It includes authorization for use of the Naples Players' parcel as a theater along with guidelines and a timeframe for construction of the parking structure. Further, it allows use of the City parking lot for construction of a 344 space parking structure and defines agreements regarding the parking 4 structure as well as enforcement and remedies. Ms. McKim noted also that all the plans would be changed to show the date of October 1, 1997, in order to be consistent with the developer's agreement. (A copy of the plans and the agreements referred to by Ms. McKim are contained in the file for this meeting in the City Clerk's office.) Council Member MacKenzie congratulated Ms. McKim and Architect Andrea Clark Brown for what she described as their diligent efforts in bringing this agreement to Council. She inquired, however, why the original plans for a two-story parking garage had been changed to four-stories, and Ms. McKim responded that four-stories would replace parking lost through theater construction and since future parking would be needed, it is more economical to build it concurrently. Mrs. MacKenzie expressed concern that the additional expense would exhaust the funds for constructing other parking areas in the redevelopment district, but Council Member Van Arsdale noted that parking funds for other areas would, however, not be available for eight to nine years. Nevertheless, he said, it would be a low incremental cost to include the two additional stories in the original construction. City Manager Woodruff said that although the particulars of funding future parking were not yet known, he said he had identified at least three new, viable revenue sources. Ms. McKim said a four-story garage would accommodate 344 cars, whereas the original plan for two stories would have 253 parking spaces. The total height of the building would be 48 feet from ground level to the top of the roof, she said. Dr. Woodruff asked that the record acknowledge attendance at this meeting of representatives for the other parties to the agreement which included Jim Smith, members of the Wyrm family, Dennis Cronin, and Joyce Hepner. Public Input: None (9:36 a.m.) MOTION by Van Arsdale to APPROVE Resolution 97-8094 as submitted; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). ORDINANCE 97-8095 .................................................................................................. .ITEM 8 AN ORDINANCE APPROVING REZONE PETITION 97-RI, AMENDING A PLANNED DEVELOPMENT APPROVED BY ORDINANCE 92-6710 V~IICH APPROVED A PARKING GARAGE ON THE CITY LOT LOCATED ON FOURTH AVENUE SOUTH BETWEEN SEVENTH STREET SOUTH AND EIGHTH STREET SOUTH TO ALLOW THE NAPLES PLAYERS' USE OF THE WESTERN 80 FEET, TO PROVIDE FOR A FOUR-LEVEL PARKING STRUCTURE TO BE BUILT BY THE CITY, TO PROVIDE AN ACCESS FROM FOURTH AVENUE SOUTH TO THE ALLEY IMMEDIATELY NORTH OF THE WYNN'S PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Woodruff. (9:36 a.m.) City Manager Richard Woodruff explained that the ordinance is a companion to Item 7. Public Input: None (9:38 a.m.) 5 City Council Regular Meeting-October I. 1997- 9:00 a.m. MOTION by Van Arsdale to APPROVE Resolution 97.8095 as submitted; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van /lrsdale-yes, Barnett-yes). ORDINANCE 97-8096 ................................................................................................... ITEM 9 AN ORDINANCE AMENI)ING SUBSECTION (b) OF SECTION 62-157, HOURS OF OPERATION, IN ORDER FOR THE POLICE AND EMERGENCY SERVICES DEPARTMENT TO ISSUE PARKING CITATIONS AT THE COUNTY OWNED BEACH ACCESS IN SEAGATE ,auND THE COUNTY O~VNED BAYVIEW PARK WHlCH AREAS ARE WITHIN THE BOUNDARIES OF THE CITY OF NAPLES; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by City Manager Woodruff'. (9:40 a.m.) Public Input: None (9:40 a.m.) MOTION by Sullivan to APPROVE Resolution 97-8096 as submitted; seconded by Fan ,4rsdale and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Fan ,4rsdale-yes, Barnett-yes). (DELETED FROM THE AGENDA) ........................................................................... -ITEM 10 ORDINANCE (First Reading) ...................................................................................... ITEM 11 AN ORDINANCE OF THE CITY OF NAPLES, FLORIDA, PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING S3,000,000 REDEVELOPMENT REVENUE BONDS, SERIES I997, OF THE CITY TO FINANCE A PORTION OF THE COST OF THE ACQUISITION AND CONSTRUCTION OF A PUBLIC PARKING GARAGE WITHIN THE DOWNTOWN REDEVELOPMENT AREA OF THE CITY; PROVIDING FOR THE PAYMENT OF THE 1997 BONDS FROM THE PROCEEDS OF THE TAX INCREMENT REVENUES AND THE PUBLIC SERVICE TAX COLLECTED BY THE CITY; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE 1997 BONDS; PROVIDING FOR CONTINUING DISCLOSURE PURSUANT TO SEC RULE 15(c)2-12; DESIGNATING THE 1997 BONDS AS QUALIFIED TAX-EXEMPT OBLIGATIONS UNDER SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE; AUTHORIZING THE APPROPRIATE OFFICERS OF THE CITY TO DEVELOP NECESSARY DOCUMENTS TO SELL THE 1997 BONDS AT PUBLIC SALE AND TO ADVERTISE FOR BIDS FOR THE 1997 BONDS; AUTHORIZING THE FINANCE DIRECTOR OF THE CITY TO MAKE CERTAIN CERTIFICATIONS ON BEHALF OF THE CITY REGARDING THE PRELIMINARY OFFICIAL STATEMENT FOR THE 1997 BONDS;. MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE. Title read by City Manager Woodruff. (9:41 a.m.) Assistant City Manager William Harrison stated that this ordinance would provide funds for the parking garage just approved by Council in Items 7 and 8. He explained that although the bond issue would not exceed $3 million, the entire sum would probably not be needed. In addition to the parking garage, the bond issue would develop the pla?a on 7t~ Street South. He noted that the Tax Increment Financing (TIF) fund would be the primary repayment source, but inasmuch as its 6 City Council Regular Meeting-October l, 1997-9:00 n.m. financial history had not yet been established, the recommendation was to use the City's utility tax as a backup revenue pledge. Council Member MacKenzie suggested the utility tax pledge be released after a specified period of time, and Bond Counsel John McWilliams agreed that such a provision could be included when the bond sale is negotiated. Council Member Van Arsdale observed that the reason to include the utility tax as a backup would be a saving on the interest rate and suggested the bond counsel look at the cost with and without the utility tax. Mr. Harrison responded that a local bank would probably take the bonds and the use of the utility tax could be negotiated at that time. Public Input: None (9:47 a.m.) MOTION by Van Arsdale to APPROVE this ordinance on First Reading with the provision that the utility tax backup pledge either be excluded or afforded an early release; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van ,4rsdale-yes, Barnett-yes). Following the vote, City Attorney Cuyler suggested that the Community Redevelopment Agency (CRA) also approve the bond issue, although there is no requirement to do so. ORDINANCE (First Reading) ...................................................................................... ITEM 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORiDA, AUTHORiZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT EXPRESSING ITS INTENT TO LOAN FUNDS TO THE NAPLES PLAYERS, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION AND CONSTRUCTION OF A COMMUNITY THEATER IN THE DO'6rNTOWN REDEVELOPMENT AREA OF THE CITY; APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(0 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND SUBJECT TO CERTAIN FURTHER FINDINGS, THE ISSUANCE OF NOT EXCEEDING $3,000,000 REVENUE BONDS, SERIES 1997 (THE NAPLES PLAYERS, INC. PROJECT), THE PROCEEDS OF V~rIICH WILL BE LOANED TO THE NAPLES PLAYERS, INC., TO FINANCE A PORTION OF THE COST OF SUCH PROJECT; PROVIDING CERTAIN OTHER DETAILS WITtt RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. Title read by Assistant City Manager Harrison. (9:48 a.m.) City Attomey Kenneth Cuyler requested that it be noted in the record that this is a specifically advertised public hearing. Assistant City Manager Harrison explained that the City had instituted a similar ordinance on behalf of Naples Commtmity Hospital (NCH) as a means of providing the hospital with access to tax-exempt municipal bonds. He noted that Mr. John McWilliams had acted as bond counsel to the City under an agreement specifying that the Naples Players, Inc would pay for the marketing of the bonds. Council Member MacKenzie asked if this practice had ever been extended to a non- governmental entity other than NCH, and Mr. Harrison responded that it had not occurred during his tenure. Mrs. MacKenzie then stated her concern that the functional differences between the Naples Players and Naples Community Hospital spoke to the need to not set a precedent in bonding for an organization that does not contribute directly to community health or safety. Mr. Harrison emphasized that no financial obligation would accrue to the City and, in the event of default, the bondholder would not be able to seek relief from the City. Council Member Tarrant asked if the credit-worthiness of the City was being used to assist the Naples Players, and Mr. Harrison responded that, although the name of the City would be carried on the bonds, the only credit-worthiness in question would be fi. at of the Naples Players. Further, he said the entire cost of the bond issue would be born by the Naples Players. Mr. Tarrant said it appeared that the City would be lending its name and reputation to the sale of the bonds, and Vice Mayor Prolman countered that the purpose of the procedure was to obtain a lower interest rate for the Naples Players. Public Input: (9:$$ a.m.) Sam Wilson, 116S Clam Court, stated his objections to the City's participation in the bond issue for the Naples Players. He also objected to the construction of a theater, stating that it leads to increased stormwater runoff into the Gordon River. Council Member Van Arsdale commented that the design for the theatre and parking garage included a stormwater management program that would be built where none had existed before and would, therefore, be an improvement. Vice Mayor Prolman requested further explanation of the City as a conduit for the Naples Players bonds, and Mr. Harrison clarified that the purpose was simply to obtain 5% tax-exempt interest rates for the Naples Players instead of 8%. He reiterated that there would be no cost to the City and no obligation for the City to repay the bonds. Council Member MacKenzie said she was reluctant to expand the role of government to entertainment. Bond Counsel McWilliams said this was referred to as a private activity bond that is highly restricted by the federal government, and limited to non-profit corporations. He did, however, acknowledge the philosophical issues and reported that although some cities refuse to participate, other cities will agree to become a financing device strictly to promote economic development. MOTION by Van Arsdale to APPROVE this ordinance on First Reading; seconded by Nocera and carried 5-2 61TacKenzie-no, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-no, Van Arsdale.yes, Barnett-yes). ORDINANCE (First Reading) ...................................................................................... ITEM 13 AN ORDINANCE AMENDING SUBSECTION (4)(a) OF SECTION 102-121 OF THE CODE OF ORDINANCES OF TiI~E CITY OF NAPLES TO ALLOW PIERS IN PORT ROYAL TO EXTEND INTO NAPLES BAY AND GORDON PASS FAR ENOUGH TO REACH A DEPTH OF 5 FEET, MEAN LOW WATER, PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by City Manager Woodruff'. (10:02 a.m.) Public Input: None (10:02 a.m.) MOTION by Tarrant to APPROVE this ordinance on First Reading; seconded by Sullivan and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-ye$, Prolman-yes, Sullivan-yes, Tarrant-yes, Fan ,4rsdale-yes, Barnett.yes). City Council Regular Meeting-October I, 199'/-9:00 a.m. ORDINANCE (First Reading) ...................................................................................... ITEM 14 AN ORDINANCE TO ADD Tile DEFINITION OF MOTOR VEHICLE IN SECTION 82- 10, "DEFINITIONS" OF THE CODE OF ORDINANCES OF THE CITY OF NAPLES; TO AMEND THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF Tile CITY OF NAPLES IN ORDER THAT THE RENTAL OF MOTOR VEHICLES IN THESE ZONING DISTRICTS IS A CONDITIONAL USE RATHER THAN AN ACCESSORY AND SUBORDINATE USE TO A PERMITTED USE: SECTIONS 102-412(1), "USES PERMITTED" IN THE HC, "HIGHNVAY COMMERCIAL" DISTRICT; 102-413, "CONDITIONAL USES" IN THE HC, "HIGHWAY COMMERCIAL" DISTRICT BY ADDING SECTION (18); 102442(I), "USES PERMITTED" IN THE C1, "RETAIL SHOPPING" DISTRICT; 102-443, "CONDITIONAl., USES" IN THE C1, "RETAIL SHOPPING" DISTRICT BY ADDING SECTION (8); 102-.472(1), "USES PERMITTED" IN THE C1-A, "COMMERCIAL CORE" DISTRICT; 102-473, "CONDITIONAL USES" IN THE C1-A, "COMMERCIAL CORE" DISTRICT BY ADDING SECTION (9); 102-502(1), "USES PERaMI'I'rED" IN THE C2, "GENERAL COMMERCIAL" DISTRICT; 102-503, "CONDITIONAL USES" IN THE C2, "GENERAL COMMERCIAL" DISTRICT BY ADDING SECTION (21); 102-532(16), "USES PERMITTED" IN THE C2-A, "WATERFRONT COMMERCIAL" DISTRICT; 102-533, "CONDITIONAL USES" IN THE C2-A, "WATERFRONT COMMERCIAL" DISTRICT BY ADDING SECTION (8); 102-592(5)A., "USES PERMITTED" IN THE C4, "AIRPORT COMMERCIAL" DISTRICT; 102-593, "CONDITIONAL USES" IN THE C4, "AIRPORT COMMERCIAL" DISTRICT BY ADDING SECTION (4); AND TO AMEND THE FOLLOWING SECTIONS IN ORDER THAT RENTAL OF MOTOR VEHICLES IN THESE ZONING DISTRICTS IS A CONDITIONAL USE RATHER THAN A PERMITTED USE: SECTIONS I02-5620 1), "USES PERMITTED" IN THE C3, "HEAVY COMMERCIAL" DISTRICT; 102-563, "CONDITIONAL USES" IN THE C3, "HEAVY COMMERCIAL" DISTRICT BY ADDING SECTION (8); 102-622(I), "USES PEI~MITTED" IN THE I, "INDUSTRIAL" DISTRICT; AND 102-623, "CONDITIONAL USES" IN THE I, "INDUSTRIAL" DISTRICT; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by City Manager Woodruff. (10:03 a.m.) City Manager Richard Woodruff reported that adoption of this ordinance would mean that rental of all motorized vehicles will become conditional uses and grandfathering will apply only to those which already exist, such as at the airport. Public Input: None (10:07 a.m.) MOTION by Sullivan to APPROVE this ordinance on First Reading with an amendment in Section 1, "Definitions" to read "Motor vehicle means any self- propelled vehicle, fuel or electric or otherwise powered~ including motorcycles and mopeds excluding vehicles moved solely by human power. "; seconded by I/an /lrsdale and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van /trsdale-yes, Barnett-yes). ORDINANCE (First Reading) ...................................................................................... ITEM 15 AN ORDINANCE AMENDING SECTION 118-33(0(1), OF THE CODE OF ORDINANCES OF THE CITY OF NAPLES, "WATER SERVICE CONNECTIONS AND MAIN 9 City Council Regular Meeting- October l, 1997-9:00 a.m. EXTENSIONS", TO REVISE THE RATES FOR METER TAPPING CHARGES; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. Title read by City Manager Woodruff. (10:08 a.m.) Public Input: None (10:08 a.m.) MOTION by Sullivan to APPROVE this Ordinance of First Reading; seconded by Van Arsdale and unanimously carried, all member present and voting (MacKenzie-yes, Nocera-yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van ,drsdale-yes, Barnett.yes). RESOLUTION (Withdrawn). ....................................................................................... .~TEM 17 City Manager Richard Woodruff reported that a letter had been received from the petitioner requesting withdrawal. RESOLTUION (Postponed) ......................................................................................... ITEM 18 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY RELATING TO TI-EE MAINTENANCE AND OPERATION OF THE BEACH AREAS AND RELATED PARKING SITES WITHIN THE CITY; DIRECTING THAT THE CITY CLERK RECORD SAID AGREEMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTiVE DATE. Title read by City Manager Woodruff. (10:09 a.m.) City Manager Richard Woodruff explained that interlocal agreements were passed in June and August relating to Lowdermilk Park. Since then the Collier Cotmty Commissioners had returned the City's proposed resolution with the following modifications: 1. A five year, rather than a three year expiration; 2. Reduction of the annual payment from the County by $6,000; 3. Prohibition ofthe City's reduction ofthe current number ofbeach parking spaces for County residents during the five year life of the progranJ; 4. Specification that the County will not fund any fia'ther loss of revenues from a reduction in parking meters; and 5. Extension of the cancellation clause from 90 days to one year. Dr. Woodruff called the issues involved philosophical since a portion of the proposed alterations may not be worthy of destroying an agreement. He added, however, that the overriding issue was one of political policy. He said that staff reluctantly recommended approval adding, however, that since the County is growing at a rate of I 0,000 new residents per year, there is a serious question as to whether the program could be continued after five years. He concluded that the County's growth was simply outstripping the City's ability to provide beach opportunities for all County residents. Council Member Tarrant said that although he desired an agreement with the County, he did not agree with the five-year timefi'ame. He noted that the agreement was contingent on a pledge by the County government to increase public beach parking for County residents which was only an assurance and could not be relied upon. He pointed out that the increasing population pressure from the County would result in an increasing expense to the City and suggested the agreement be limited to one year or a maximum of three years. Council Member Van Arsdale said that the one year 10 City Council Regular Meeting -October 1, 1997-9:00 a.m. cancellation clause made it a one year agreement and, therefore, a five year term was not significant. Vice Mayor Prolman observed, however, that the length of the agreement defined the intent of the parties regardless of the termination provisions. She stated her willingness to approve the agreement for three years rather than five. Council Member Van Arsdale stated that the City has the responsibility to manage beach parking in the best interests of City residents and took issue with the County's rejection of the City's proposal. He pointed out that maintenance of the beach ends was an expense borne by the City and noted that the City contributes 25% of the County's total revenue. He suggested the City put a cap on the number of beach stickers issued with the allocation primarily to City residents with those remaining distributed to County residents. He concluded by stating that he objected to the County's rewriting of the City's proposal. Vice Mayor Prolman, however, urged cooperation with the County and indicated that the City should view the County's changes as a counter-proposal fi.om which a mutual agreement could be negotiated. Mayor Barnett stated that, on the issue of beach access, the City had been more accommodating of County residents than the County had been, and said the City's original proposal was reasonable and fair. Council Member MacKenzie suggested the agreement clarify that the City would provide a beach patrol and maintenance program solely for those beaches within City boundaries. Council Member Van Arsdale reiterated his dissatisfaction that the terms of the agreement had been altered to the detriment of the City. Council Member Tarrant said he welcomed use of the beaches by County residents, but he agreed with Mr. Van Arsdale's disapproval of modifications to the City's proposal. Mayor Barnett suggested Council not accept the County's offer noting that a joint workshop on this issue had been offered to the County in the past and proposed that the invitation be extended again for a meeting within thirty days. Vice Mayor Prolman supported the Mayor's suggestion. Assistant City Manager William Harrison clarified that this would entail a 30-day extension to the current agreement with the stipulation that a joint workshop occurs during that period. Public Input: None (10:27 a.m.) MOTION by Barnett to EXTEND THE CURRENT INTKRLOCAL AGREEMENT FOR 30 DA YS AND TO INVITE THE COUNTY TO ATTEND A JOINT WORKSHOP IN THE CITY TO RESOLVE THE BEACH PARKING ISSUE AS TtlE COUNTY CONTINUES TO PAY THEIR SHARE FOR THE ~. EXT 30 DAYS OF THE 1997 AGREEMENT; seconded by Van Arsdale and unanimously carried, all member present and voting (MacKenzie-yes, Nocera- yes, Prolman-yes, Sullivan-yes, Tarrant-yes, Van Arsdale-yes, Barnett-yes). RESOLUTION 97-8097 ............................................................................................... ITEM 19 A RESOLUTION GRA~TING A TEN FOOT WIDE EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROLrND ELECTRIC UTILITY FACILITIES THROUGtt SECTIONS OF CAMBIER PARK; AND PROVIDING AN EFFECTIVE DATE. Title read by City Manager Woodruff. (10:29 a.m.) Public Input: None (10:29 a.m.) 11 MOTION by Sullivan to APPROVE Resolution 97-8097 as submitted; seconded by Van Arsdale and unanirnouHy carried, all member present and voting (MacKenzie-yes, Nocera-ye$, Prolman-ye$, SM#van.yes, Tarrant-yes, Van Ar~dale-ye$, Barnett-yes). OPEN PUBLIC INPUT ............................................................................................................... (10:30 a.m.) Robert Roland, 827 Myrtle Terrace, distributed a letter objecting to the barrier to be built in the center of Myrtle Terrace inasmuch as it will force the property owners on the eastern end of the street to use the Tamiami Trail and will inconvenience students attending his dance studio with a negative impact on his business. (A copy of Mr. Roland's letter is contained in the file for this meeting in the City Clerk's office.) CORRESPONDENCE AND COMMUNICATIONS ................................................................. (10:34 a.m.) City Manager Richard Woodruff requested Council's interpretation regarding the previous workshop straw balIot question proposed by Council Members MacKenzie and Nocera. Mayor Barnett clarified that he believed Mrs. MacKenzie's question would be the ordy one to appear on the ballot. However, other members of Council expressed different understandings, and it was determined that the workshop of October 13t~ would explore the possibility of a city-wide survey as well as discuss the final wording of Council Member MacKenzie's proposed ballot question. ADJOURN .................................................................................................................................. 10:44 a.m. e Bill Barnett, Mayor Tara A. Norman, City Clerk Prepared by: Molly Reed, Recording Specialist Minutes Approved: 12 Attachment 1 City Council Regular Meeting October l, 1997 Page Iofl Presentation By Utilities Director Dan Mercer To The Following Employees Who Have Successfully Completed State Water Distribution Licensing: .Ion Voiles Supervisor of Wastewater Collections Sal Russo Crew Leader (not present) Bob Montgomery Crew Leader David Graft Maintenance Supervisor David Eads Instrument Technician Koger Figueroa Maintenance Mechanic Robert Legault Equipment Operator Fred Gleim Service Worker Scott Chadderdon Service Worker James Hurley Maintenance Supervisor Mark Strousberg Service Worker Frank Jinian Crew Leader Carmelo Cruz Instrument Technician Darlene Chesser Maintenance Coordinator Robert Thomas Maintenance Supervisor Yvonne Houghton Administrative Assistant City Council Chamber 735 Eighth Street South Naples, Florida 34102 City Council Joint Workshop - October 13, 1997, - 8:30 a.m. Mayor Barnett called the meeting to order and presided. CALL ................................... ITEM 1 ROLL ................................................................................... Present: Bill Barnett, Mayor Marjorie Prolman, Vice Mayor Absent: Council Members: Bonnie R. MacKenzie John R. Nocera Fred Tarrant Peter H. Van Arsdale Council Member Fred L. Sullivan CSAB Member Michael Watkins CSAB Member Robert Iamurri CSAB Member David Szempruch Community Services Advisory Board: Chairman Phil DePasquale George Dondanville Clark Russell Also Fresent: Richard Woodruff, City Manager Kenneth Cu.'der, City Attorney William I tarrison, Assistant City Manager Missy McKim, Planning Director Don Wirth, Community Services Director Dr. Jon Staiger, Natural Resources Mgr. Ron Lee, Planner Susan Golden. Planner Terry Fedelem, Project Coordinator Molly Reed, Recording Specialist Mary Margaret Gruszka. Recreation Supervisor Robin Williams. Executive Secretary. James Dean Hank Buckharman Jerry Baggett Victor Latavish Other interested citizens and visitors Media: Frank Kinsman. WNOG Marc Caputo. Naples Daily News Fox Nexvs ITEMS TO BE ADDED .................................................................................................... ITEM 2 None .......................................... ITEM 3 DISCUSSION OF USE AGREEMENT FOR GIRL SCOUT HOUSE IN CAMBIER PARK. (8:32 a.m.) City Manager Richard Woodruff recounted that during the presentation of the 1994 Cambier Park Master Plan, representatives from the Girl Scouts were asked to investigate alternate sites for their meeting house. Following this review, the Girl Scouts expressed a preference to remain in Cambier Park where they are currently under lease until 2004. They have also initiated a fundraiser for a new building to be constructed by the year 2000. As such, Dr. Woodruff continued, City Council will be considering a new use agreement with the Girl Scouts at the October 15°' Regular Meeting. Citing the park's limited size, the demographics of the scouts using the building per day, and the limited use of the building per day, Dr. Woodruff stated that he could not recommend the new use agreement or keeping the scout house in the park. In response to comments that the majority of scouts using the building were County rather than City residents, Council Member Tarrant noted that the same would be true for the Art Association which is planning to construct a building four times as large as the scout house. Mayor Barnett said he favored the scouts remaining in the park, and Council Member Van Arsdale agreed, noting that it had been a tradition to have them there. Vice Mayor Prolman, however, cited'Cambier Park overcrowding and said she was disappointed the scouts had not accepted one of the alternate locations since it would have afforded them a larger building. Council Member MacKenzie also questioned whether the new facility would generate additional cars, but Mr. Tarrant said the Arts Center facility would generate the most cars and suggested that the search for an alternate location be required of the Art Association instead of the scouts. It was the consensus of Council that the Girl Scout facility should remain in Cambier Park. Community Services Advisory. Board (CSAB) Chairman Phil DePasquale reasoned that the Girl Scout House had limited use and, therefore, it was the CSAB's position that the building have a shared, multi-use function linked to the Norris Center. Jexry Baggett, of the Girl Scout Council of Southwest Florida, reported that when the Girl Scouts had requested to remain in Cambier Park, the City assured them they could stay. Several v,,eeks ago, however, the City proposed a shared facility in conjunction with the Non'is Center. Ms. Baggett said the Girl Scout Board of Directors had chosen to adhere to the original agreement `.vith the City., and were moving forward with a new building as the City had first instructed. Council Member Tarrant expressed his support for retaining the scout house in Cambier Park. In response to Council Member Nocera. Ms. Baggett reported that according to the use agreement. the building, is to be leased to non-profit groups as well as to the City on an as-needed basis. Vice Mavo~ Prolman inquired about the viability, of the site at Fleishmann Park and learned that. although'investigated, it ,,vas considered too isolated. Ms. Baggert said the undeveloped property on Go~)dlette Road had also been inspected, but it would be too expensive to install utilities. City Council Joint Workshop Meeting- October 13, 1997 - 8:30 a.m. In response to Mrs. Prolman, Ms. Baggett related that the scout house is used by troops every day and evening with two to four adults in attendance; a staff person is on site two days each week. She added that the Girl Scouts have been in the park for 40 years and have no plans for increased usage. Vice Mayor Prolman remarked, however, that additional parking and traffic were considerations, and Ms. Baggett pointed out that they were not requesting additional parking space. Council Member Tan'ant said he understood that the original gift of the park property to the City was for its use as a children's playground and took issue with projects there that favored adults. Mrs. Prolman, however, pointed out that the Fleishmann Park offer to the scouts had been reasonable, stressing that it is important to spread activities throughout all the City parks. Council Member MacKenzie inquired whether the floor plan for the new scout house could be linked to a revised Norris Center via a covered walkway. Architect Victor Latavish presented his rendering of the proposed scout meeting house (Attachment I). He said it was designed for the streetscape of the-northwest comer, and he could not venture an opinion about incorporating it into another structure without additional details. Ms. Baggen related that the Girl Scouts were originally told they were to be near the southeast comer of Cambier Park and were prepared to build at that location. However, she said, they were later told they would be placed at their original location. Dr. Woodruff explained that initially there had been confusion regarding Council's prior direction regarding the park's ma:,ter plan, which resulted in locating the scouts at their present site in the northwest quadrant. Council Member Van Arsdale, who recalled Council's original approval of the master plan, said Council had never discussed moving the Girl Scout site although some conceptual proposals had been presented. He added that, at this time, it would be impossible to determine whether or not the scout house could be incorporated into the Norris Center. Inasmuch as Council had come to a consensus that the Girl Scouts remain in the park, he said the remaining issue was to determine the precise location. CSAB Member George Dondanville remarked on the difficulty of visualizing the scout building in relation to the Arts Center without a rendering of the northwest quadrant showing both buildings. Council Member Tarrant said the issue of the scout house location had arisen because the Arts Center had also been approved for the same quadrant; he called for fairness inasmuch as the scouts had been in the park for four decades. Council Member MacKenzie, however, said a consolidation with the Norris Center was sensible and could be beneficial to the scouts. City Manager Woodruff said a use agreement for the scouts contained stipulations similar to the City's agreement with the Arts Center and would be presented to Council at Wednesday's Regular Meeting. CSAB Chairman DePasquale reported that the CSAB believed the City should maintain control of all structures and related activities located on City property. Council Member Van Arsdale reiterated that he was satisfied with the present scout house location and the proposed building, but said he would entertain conceptual ideas of a new Norris Center Girl Scout facility. Regarding City control over park activities, he pointed out that the clubhouse aspect of the scout house xvould be lost if the City controlled the activities taking place there and. further, that it is the private sector that has funded the Arts Center. Naples Players. and Girl Scouts. Mr. Tan'ant agreed but noted that the Girl Scouts had spent money based on assurances from Council. City Council Joint Workshop Meeting-October 13, 1997 - 8:30 a.m. Council Member Nocera asked Ms. Baggett if she would accept a move to the Norris Center providing it offered improved facilities, and she responded that the decision would be for the Board of Directors. However, she said, inasmuch as the City had not yet proposed a renovated Norris Center, and the scouts had received assurances from the City Manager that a 2000 square- foot building would be satisfactory, the scouts' plans were to move forward. Dr. Woodruff clarified that the present lease was for a 10,000 square-foot area, and the scouts had agreed to an area limited to the size of their building. Council Member Van Arsdale referred to a StaffAction Committee (SAC) recommendation that the building include a porch on all sides, acknowledging that broken windows facing the baseball diamond were an understandable problem. Ms. Baggett cited difficulties with the current building including limited or no access for disabled scouts, explaining that the goal was to expand the program area within the building. In response to Council Member Van Arsdale, Ms. Baggett noted potential problems with the current building if the 1998 ground breaking for a new facility is delayed. Council Member Nocera inquired about tree removal due to the new building and learned that all the mature trees would remain and three sable palms would be removed since the building was designed to fit the trees that are already in place. Mr. Latavish, however, noted that the addition of the porch recommended by SAC would eliminate all the mature trees on the site. Mayor Barnett said he supported the Girl Scout plan and questioned the feasibility of a move to the Norris Center, which he referred to as a totally new concept. Council Member Van Arsdale said he preferred the Girl Scout proposal, but suggested that a final decision could be made in one year after a plan for the Norris Center had been developed. Vice Mayor Prolman said she, too, would prefer a concept of shared use. and Council Member Nocera said that if it meant a better facility for the scouts, it warranted a delay. Council Member Tarrant, however, said he preferred that the scouts remain in place since it would be unfair to make them wait another year. It was the consensus of Council to delay a decision regarding the Girl .";cout House pending development of conceptual plans for a revised Norris (_'enter that may include facilities for the Girl Scouts/5-l(Tarrant dissenting). Dr. Woodruff estimated it would be six to nine months before an architectural concept for the Norris Center could be presented. Ms. Baggett pointed out, however, that if the final plans were not acceptable in terms of cost or size. the Girl Scouts would not commit to it and the process would have to begin anev/. Council Member MacKenzie assured Ms. Baggett that the Norris Center proposal was for two separate buildings joined by a walkway and Council Member Van Arsdale assured the scouts that they would not have to leave the park if the Norris Center plans were not acceptable. Ms. Baggett again expressed concern regarding delays and remarked that. to date, her organization had followed every. City instruction to no avail. Council Member MacKenzie requested that when the Girl Scouts accept plans for a scout facility at the Norris Center location, they be permitted to proceed constructing their building in the southeast quadrant without having to wait for construction of a new Norris Center. It was the consensus of Council to proceed with plans for a renovated Norris Center incorporating att adjoining bttt separate Girl Scout meetbtg house/4-2 (Tarrant and Barnett dissenting). 4 City Council Joint Workshop Meeting -October 13, 1997 - 8:30 a.m. CSAB Chairman DePasquale relayed the unanimous opinion of the board that a Cambier Park Master Plan must be established before anything is done, and he concurred with Council's conscnsus. Break: 9:36 a.m. to 9:46 a.m. It is noted for the record that the same members of Council and the CSAB were present when the meeting reconvened. .............................................................................................................................................. ITEM 4 CONCEPTUAL DESIGN REVIEW - CAMBIER PARK REDEVELOPMENT PHASE II Landscape architect Hank Buckhannan, of Renfroe and Buckhannan ASLA, reviewed some of the elements that influence the design process: specific areas of use, retaining existing trees, pedestrian use, connectors to the park's varied elements, and parking. He reported that the process had begun for developing a 6t~ Avenue connector from the park to Tin City and the cultural walkway across Fifth Avenue South joining the Arts Center, the Naples Players Theatre and the Seventh Street Plaza. He said a main walk would lead through the park from the Norris Center to areas in the nonhero section of the park. Changes, he said, would include a small lake in the center of the park, relocation of the pavilion to the south, and a bridge connector across the lake. He noted that water is an important enhancement to a park and emphasized that this would be a shallow pond with gradual banks and an aerating fountain. Pathways through the park would increase the seating area for the bandshell and, he said, the additional walkways would enable exhibits in the park while preserving the grass. Mr. Buckhannan suggested that a swale be constructed to absorb runoff from the tennis courts. The swale would be concealed by a landscape buffer, which would also screen noise from the playground and tennis courts. Additionally, these plantings would screen the baseball diamond from the lake area. Canopy shade trees are proposed to shade the walkways along with two 10 to 12 fee*. tall shelters to be built in the architectural style of the Norris Center and the Arts Center. The shelter at 6m Avenue South, he added, would not compete ~,~4th the Veterans Memorial which would remain open for ceremonies. Council Member Nocera asked how water would be fed into the lake and learned that reuse water is available in the park. Council Member MacKe,'~ie praised the addition of the lake but expressed concern that it may attract ducks, but Mr. Buckhannan said the duck population could be controlled. Regarding the pond, he said it would be approximately 16.000 square feet with a lined bottom. He noted, however, that safety is an important element of the park's design so the pond would remain shallow. Vice Mayor Prolman learned that the conceptual plans being presented would be sent to the playground designers for their input. Community Services Advisory. Board (CSAB) Chairman DePasquale related his concern regarding the lake's proximity to the playground, and Mr. Buckhannan responded that the issue would be addressed with the playground designers. Council Member Tan'ant asked if the cost of moving the pavilion had been determined, and City Manager Richard Woodruff responded that. to date. cost had not been determined. He added that Mr. Buckhannan's presentation was to introduce the plan for Council and CSAB consensus. He pointed out that the playground and the bandshell area would be enlarged. City Council Joint Workshop Meeting - October 13, 1997- 8:30 a.m. · Mr. Tarrant expressed concern that the conceptual plan was presented for approval with cost estimates attached later, whereas the reverse should be the case. Dr. Woodruff, however, noted that final plans would be presented to Council for approval. Council Member MacKenzie asked whether the water feature could be scaled down and Mr. Buckhannan indicated that a smaller version would not be effective. Further, he said fountains in the lake could be turned offthey were a distraction during concerts. It is noted for the record that Vice Mayor Prolman left the meeting at 10:21 a.m. It was the consensus of Council to continue with the proposed conceptual plan for Phase H of Cambier Park/5-1 (Prolman absent, Tarrant dissenting) ADJOURN ........................................................................................................................................ 10:23 a.m. Bill Barnett, Mayor Tara A. Norman, City Clerk Prepared by: Molly Reed, Recording Specialist Minutes Approved: StalT Report to Naples City Council Subject: Authorization To Issue Purchase Order-Three Investigative Vehicles (PESD) From: Dr. Richard L. Woodruff, City Manager Prepared By: Stewart K. Un~, Purchasing_Manager(~ Recommend approval ~ ~! REOUEST: The purpoi¢ of this memo is to obtain authorization to issue a purchase order for the purchase of three (3) investigative vehicles for the Police & Emergency Services Department, Criminal Investigation Bureau. BACKGROUND: Funds are budgeted in the current Capital Improvement Program for the purchase of three (3) investigative vehicles for the Criminal investigative Bureau of the Police & Emergency Services Department. They will replace two (2) 1992 Dodge Dynastys and one (1) 1987 Toyota Supra. A~iALYSIS: We have reviewed the current Florida SherifFs Association vehicle contract, whose prices are usually the best available, and are recommending that a purchase order be issued as follows: ITEM(SI: MAKES & MODEL: VENDOR: UNIT PRICE: TOTAL: FUNDING: Three (3) Mid-Sized Vehicles 1998 Ford Taurus, 4-Door World Ford Hollywood Hollywood, Florida $14,580.00 $43,998.00 C.I.P. Project #98H04 ($51,975.00) RECOMMENDATION: We are requesting that City Council approve this purchase as recommended. For your information, we have attached a memo from Commander Victor Morales requesting the vehicle purchase. City of ,Naples , , POLICE AND EMERGENCY SERVICES DEPARTMENT TO: FROM: SUBJECT: DATE: Mr. Stew Unangst, Purchasing Agent Commander Victor Morales Request for Vehicle Purchase - Investigative Automobiles October 14, 1997 Funds are budgeted in the current Capital Improvement Program for three (3) investigative vehicles. The purchase of three (3) Ford Taurus 4-door vehicles will rep;ace two (2) 1992 Dodge Dynasty's and one (1) 1987 Toyota Supra. Replacement of these vehicles driven by investigators is based on the mileage, repair, safety condition of the w hicles and maintenance costs. In the past, the City has purchased investigative automobiles from the Florida Sheriffs Association. The Florida Sheriffs Association provides the City of Naples the best possible Price. Vendor: World Ford Hollywood 3101 N. St. Rd. #7 Hollywood, FL 33021 Item: Three (3) Investigative Vehicles Make & Model: 1998 Ford Taurus 4-Door Unit Price: $14,580.00 Total: $ 43,998.00 REQUEST FOR VEHICLE PURCHASE DEPARTMENT: DIVISION: C.I.B. VEHICLE DESCRIPTION: MAKE & MODEL: VENDOR: POLICE & EMERGENCY SERVICES 4 Door Investigative Vehicle 1998 Ford Taurus World Ford Holl~vood F/S/A Bid (97-05-0915) 3 Cars at $14580.00 BASE PRICE: ............ OPTIONS 1 See List 1 Set of Service Manuals 2 3 Administrative Fee (F/S/A) $50.00 pre Car 4 Ext. Colors Int. Colors 5 1) Toreador Red Medium Graphite 6 2) Pacific Green Medium Graphite 7 :;) Silver Frost Medium Graphite Sub Total TOTAL PRICE .............................................................................. FUNDING SOURCE: 340-1119-521-60-70 $ $ S $ $ $ $ C.I.P.# 98H04 43740.0q 108.0Q 43848.00 150.00 43998.00 VEHICLE IS (CHECK ONE AND COMPLETE INFORMATION): 1) ADDITION TO FLEET (FURNISH JUSTIFICATION) 2) X REPLACEMENT (FURNISH INFORMATION ON VEHICLE TO BE REPLACED) I.e. YEAR, MAKE, MODEL, CITY I.D.#, REASON FOR REPLACEMENT, RECOMMENDED DISPOSITION. 72B204 Dodge Dynasty Auction 72B274 Dodge Dynasty Auction 72B706 Toyota Supra Was Auctioned off on 5t10/97 7 Departme Date APPROVED ~"~ ~)' /'O'/~ $ 7 Equipment Se~ce's Su~. Date Memo City o1' Naples, Florida TO: FROM: DATE: RE: HONORABLE MAYOR & M~4BERS OF THE CITY COUNCIL DR. RICHARD L. WOODRUFF, CITY MANAGER OCTOBER 23, 1997 AUTHORIZATION FOR PURCHASE OF ADDITIONAL DISK STORAGE AND TAPE DRIVE FOR AS/400 LEGAL AUTHORITY: Purchasing Policy BACKGROUND: Since the installation of the IBM AS/400 computer system and the HTE software applications in November 1994, Peat Marwick conducted a review of the HTE system and has recommended that %~u install a test environment on the AS/400 which will require additional disk storage. The system is currently at a 85% capacity level. The additional disk storage will allow the necessary space for the test environment and any new applications that need to be added. An additional tape drive will also be necessary to provide for the additional backup capacity. The total cost to add the additional disk storage and tape drive is $20,605. CONCLUSION AND RECOMMENDATION: We recommend that City Council authorize the purchase of the additional disk storage and tape drive at a total cost not to exceed $20,605. Funding in the ammount of $20:785 is available in Project 98Tll. City Manager Recommend Approval Prepared by: William P. Harrison Assistant City Manage~ · lnterna~on~ Bu~neea Macmne~ CorporaMon October 23, 1997 Hr. Stanley Dykes City of Naples, HIS 735 8th Street, South Naples, FL 33g&0 Dear Stanley: I re-ra~ the con£i&uration to a~d the tape drive an~ the sto:a~diak t~ your existin& systeu. Here is the iteeiz~i list aud the ~rr~~ prices: Femtute Code DescrAp~tom Ual: Price 5606 3051-5052 10,080 1.96aB Disk Unit (6) Upgrade 8 dis~ antt to 16 disk unit 2,AO0 2,/,00 6390 7.0GB 8am. Tape Unit 6,200 6,200 4058 Black cover feature Upgrade 965 965 TOTAL Current Monthly Rate Hozthly Rate $ 585 None of the above features have a constratn~: placed agaLus~ ordering the~, so you can probably expect deltvezT approximately 2 week~ after we receive your purchase order. Thank you fo: doin& business wi:b ~. William H. Padoll IBM Buatness Consultant ** TOTI~L PflGE.OOZ ** StaffRepon to Naples City Council ::or ~..;;.~ : n.r _/.~ Subject: Authorization to Issue a Purchase Order for Storm Sewer Improvements on Lantem Lane From: Dr. Richard L. Woodruff', City Manager ,~ Prepared by: Richard A. Gatti, Development Services Directo REQUEST: Request is to authorize a purchase order to Kyle Construction in accordance with their low bid for storm sewer improvements on Lantern Lane north of Galleon Drive. BACKGROUND: The Stormwater Master Plan outlines certain improvements around the area of Lantern Lake. The work includes certain peripheral improvements north of Galleon Drive. Lantern Lane, north of Galleon Drive, is scheduled for pavement reconstruction and resurfacing in this fiscal year's overlay program. The proposed storm sewer improvements would precede the roadway work and is in accordance with the overall Lantern Lake stormwater improvements. ANALYSIS: In accordance with plans and specifications prepared by the City Engineering Division to place storm sewers on Lantern Lane north of Galleon Drive, bids were received and opened on September 29, 1997. Bids received were as follows: Kyle Construction. Inc. Douglas N. Higgins, Inc. Has '~ns, Inc. Mitchell & Stark Construction. Inc. 567,922.50 569,325.00 $72.413.50 $87,828.00 The CiD' Engineer's estimate to do this work was $74.340.00. Kyle Construction. Inc. is on the pre-qualified bidders list and has a good performance record with the Ci .ry. Funding for the project will be from CIP 98V09, Implementation of Stormwater Master Plan. There is $350.000.00 budgeted in that CIP and after issuing this purchase order there will remain a balance of 5282.077.50. RECOMMENDATION: It is recommended that the City Council authorize accepting the low bid and issuing a purchase order to Kyle Construction. Inc. in an amount not to exceed $67,922.50 for storm sewer improvement on Lantern Lane noah of Galleon Drive. I Staff Report to Naples City Council ~ Subject: Authorization To Issue Purchase Order-Tires, Tubes & Related Services {Collier County 2-Year Bid) From: Dr. Richard L. Woodruff, City Manager Prepared By: Stewart K. ~chasing Manager Recommend approval .. g~_,,u~ Item i ~er lha ,",leetlng Ol _.. REGUEST: The purpose of this memo is to obtain authorization to issue an annual purchase order for tires, tubes and related services. BACKGROUND: On May 6, 1997, the Collier County Board of County Commissioners awarded an annual bid for tires, tubes and related services to A-Expert Tire & Service, Inc., Fort Myers, Flor/da. ANALYSIS: After reviewing this bid, we believe that it would be in the best interests of the City to purchase our requirements for new tires, tubes and related services using its prices terms and conditions. We are therefore requesting permission to issue an annual purchase order as follows: _VENDOR: A-Expert Tire & Service, Inc. Fort Myers, Flor/da ESTIMATED ANNUAL EXPENDITURES: $60,000.00 FUNDING: Equipment services 52-06 Account The recommended vendor has been servicing the City for the past three (3) years under a previous bid and we have been satisfied with their service. If awarded, this contract will expire on May 5, 1999. RECOMMENDATION: We are requesting that City Council approve this request to issue an annual purchase order as recommended. For your information, we have attached a Notice of Award to the recommended vendor from the Collier County Purchasing Department. I COLLIER COUNTY GOVERNMV, NT Su~ort S~rvi¢~s Division Purchasing Department General Services Building 3301 E. Tam;ami Trail Naples, Florida 34112 Telephone: 941/774-8425 FA~ 941/793-3795 A CERTIFIED BLUE CHIP COMMUNITY NOTICE OF AWARD To: RE: Date: A-Expert Tire & Service, Inc. 8794 Alico Road Fort Myers, Florida 33912 Bid No. 97-2662 -"Tires, Tubes & Related Services" May 12, 1997 This letter will serve as notification that on May 6, 1997, the Board of County Commissioners considered your proposal for the above-referenced bid. You are the apparent successful bidder and have been awarded a Purchase Order as the primary vendor to furnish all tires, tubes and related services in accordance with the terms and conditions of the specifications of Bid f~'97-2662 except for alignments and any tire service/replacement assistance in the Immokalee area. it is the County's understanding that you are not an authorized Goodyear Tire Dealer, and therefore unable to provide Goodyear Tires at the State Contract price. However, you are prepared to act as consignee for all Goodyear (state contract) products that the County or School District purchase directly from authorized dealers, Production Tire, or Kauffman Tire Company of Tampa, in order to avoid the tax on all Goodyear products. The initial term shall be for a period of two years, commencing May 10, 1997, and ending on May 5, 1999. A formal contract wii[ not be necessary; the Fleet Management Section will forward a blanket Purchase Order that will serve as the County's Agreement to your Proposal. You will also receive a Purchase Order from the Collier County School District for their anticipated purchases. Prior to being issued a Purchase Order and authorization to commence the work, you must furnish an Insurance Certificate. See attachment for the required coverage. Please deliver the cer/Jficate to the Collier County Purchasing Department within five days, that is by May 17, 1997. Thank you for your interest in Collier County, and congratulations on the award of this contract. If there are any questions, please do not hesitate to contact me at 774-8425. aura C~donia; Buyer I! cc: ~Croft, Fleet Manager Barbara LaPierre, Finance Department ~CT I~'~?{W~D} 08:55 FAC )IG~TYPURCH TEL:i-94[C~95.STg$ P. 001 "Tir~s, 'i%bes & RcLeted Services" [NVrTATIONS SENT TO: 10 Veudo~ POSTLNG DATE: April 2. 1997 OPENrNo DATE: April ! 6, ! 997 Page ! of 2 L AUgumcut ^utoruobile - Frout Whelm Only Automobile - All whce~ Buses (up to ${ pas~en--crs) Li~t Tick - ~mnt ~k ~ly Li~t T~ - 4 ~! Ddve Medi~ T~Ck B. l~l~nciag Co~r wh.l) Autmnobilc Tires Buses Light Track Tires (15",16',] 6.$'') Medlu~ Truck Tires (17" and up) Heavy Truck Tires ~0" and up) C, Tire Mount:Lug AutomobBc (13" through lC') Light Truck & F.41uipmmt 13" to Track & F_4uipmcut (I 7" to 24.4'9 TuttZ Tr'41~r, & A'IV Tires (4" to 12'9 Ag~c~lmtal Tractors D, Pntch Tir~ l~palr Automobile (13" thruugh 16") Light Truck & Equipment (fY' to Truck & Equfpmcnt (IT' tfcu'ough 24.Y') 2Yu'f. Trailer, dc A'IV Tires (4" ta 12'9 ^gricuJm~ Tractors O-Rings Vi~s Rubber Valve Steras Metal VnJv~ Stems F. Plug Tim Repair Amomobi]e Light Tm~ Track ~ ~uipm~I (1~ ~ugh 24.~ S ~ T~il~ & OCT -22'97(~D) 08:56 FAC NGMT/PURCH TEL:I-941-793-$79S P. 002. After Normal Bu.s/ue~ Crtdlt for T~. Casings 9.00R20 S ~o.oo S__ Z.OO . S 9.oo/20 n~ Ply s _ {~. oo s _ ~ ~;~ $ ~ 10.~0 S ~.oo S /0, ~ S I 0~3 S ~. oo S /, o o S ~ Zl.O~O S ~0.~ S /~,~o . S~..~ S /~. oo I~5 S 90,~ S ~,~ S ~,~ S ~.oo Ate two ('2) copies ~Lhe mos~ pric~F,/disco~t IL~ for r.~ Sfl~ Florida cmuract cuclosc,:l? ; v/ycs~uo .... '-/'/yes ~ no I//'y~s~no _~s no (2) ~p~c~ ot'e~h ?~t~'s ILs~g c~cl~se~. t/ y~s _no , .% ..___~ wrrN'ESS: ~ no y"/'y¢~ no ~ no Bids" Staff' Report to Naples City Council Subject: N-',plcs Ancrafters Art Shows From: Dr. Richard L. Woodruff, City Manager Prepared by: David M. Lykins, Special Events Chairman Date: October 13, 199~/ Recommend approval ~(~g/_ - 11/lY97, 1/10198, 2/I4/98 ~I of special cven~ as detailed below. The Special Events Committee has received information through the completion of Special E~nt Permit Applications cax:eming a request for the following actMties to occur during the months of No~'ember 1997, January I998 and February. 1998. Item #! Thc Naples Aneraft~ ~ill be hosting a series of tl'a~ art .she's on the Fifth Avenue Parkw'ay location fi'om 10:00 am 4:00 pm on .Salxzrday November 8, 1997, ~ lanma~ I0, 1998. and Saturday Febru~.' 14. 1998. Thc one v,~' casl andv,~st 5· A,~.erae p.afl~-~ strcets bet~en 10 Street S. a~tU.S. 41, ~illbe temporarily closed~ the lx~rs of 7:00 am aad 6.~0 pm on these dales to host these e~'~nls- Naples Arteraflers R~lueS~-: City Cetmcil auflxn~fion for e~s in excess of 1,500, li~ amplificd ~ a.nd -A~uc Pax~ay stxeet closu~ for art shmvs from 10:IX) am - 4:00 Inn on the follo~ag dates: 11/g/97, 1/10?98, and 2/14498. Co.spo~p is not ro:yes~ for these e~'nts- ANALYSIS . All criteria necessary, to conduct these events ha',~ been revievnxl by the Slaff Action Committee (SAC) if necessary, and the Special Events Commitlee (SEC). The SEC informs Cotmcil that an).' oul.e, an~ng issues have been resol~xt and the event sponsors and coordinators are prepared to comp .fy with all event requirements. RECOMMENDATIO~N The Special Events Committee recommends that Council apprm'e these events as submitted. City. Council review and authorization is thereby, requesled for the required s~a~et closures, and amplitied music. Balance as of 10/1]/97: $22.720.00 M~.,or C~' Co~nc~ ci .. - ,xsas Ci~' ~o~/ Ci~' SEC i For Tt~e St~f Repo~ to Naples City Council Subject: Authorization To Issue F~rchas¢ Order-Sulfuric Acid (Annual Contract) Collier County Bid #9?-2? 18 From: Dr. Richard b. Woodruff, City Manager Manager~ Prepared By: Stewart K. Un.st, Purchasing Recommend approval _ REQUEST: The purpose of this memo is to obtain authorization to issue ~an annua/purchase order for the purchase of sulfuric acid for the Water Treatment Plant. BACKGROUND: On August 26, 1998, the Collier County Purchasing Department opened bids for various chemicals. Included among the items is sulfuric acid, which is also used by the City Water Treatment Plant to adjust the pH of the finished water. On an annual basis the Plant uses approximately 49,000 gallons of this chemical. ANALYSIS: We are recommending that an annual purchase order be issued, using the prices, terms and conditions of Collier County Bid #97- 2718 as follows: VENDOR: UNIT BID PRICE: FUNDING: SATCO, Inc. Tampa, Florida Water Treatment 52-80 ( available) This was the lowest bid submitted and meets all of the bid requirements. RECOMMENDATION: We are requesting that the City Council authorize the issuance of an annual purchase order as recommended. Attached is a bid tabulation sheet and an executive summary to the Board of County Commissioners recommending an award. F~grl : CiTY OF N~PL.ES I:~.CI~SJN6 DlU PHONE NO. : ~4~.~4~ OCT.-{19' 9*/(Ti',U) 08:25 FAG IIIG.~T/?[~RG}t TEL:I-941-793'Ug5 EXI[CLrlIVE SUMMARY AWARD BID ~)7-271S FOIl, AHNUAL ~CALS ~>B~CTIVE: Th~: the Boml d CmunT Commi~onm~, Ex-O~clo, thc G~enzir4 oo~rd thc Collier Couaty W'a~r-$e~ter Dixri~ ~w~t Bid ~7-271S for z~mual wa:er and wasmwar, er wexme, nt chemic:ah. CONSIDEILATION$: 1. The Cotulr,/'s l::kzbL~c ~'orlU DivL~ion opera~ wazer ami wasrx, wa:er ~.lities aecessaJT ~o serve the castomers cfi r. he Collier County ~ar~r. Scwer Dbr. rict. Z. Thee treamaen: Mdlitles ur~ize cemln chemlcah -, ptrt ot[ the ,r-a~r ,~ ~-ascewar~r 3. Bid ~7-2715 for t. he ,,,-ual ~c:i bid. was posted ca August 4, I997. Seve~r74even [nquire~ wer~ scm: tn vendors and nine re-Ton.scs were re'ye& 4. Staff has r~rA~recl the bida and is rtcommen~ng the ]owert b[dder~ meetk:g Specit:ica~oru. The reco~,~,cn&d ~r~a-d wiI1 go co 4 vmctors provi~n~ the low~ bid f'or each ch~rakal. GRO~I'H MANAGEMENT IMPACT: None FISCAL LM~ACT: The cstlma:ed annual exTer~cllmre foe r~e cheml:~ cover, t b7 Bid ~97.2718 is ~imated to bt$374,0c~. Fun& are budg~xt in Wazcr ztut Wur. z. wazer Cost C. entera 408.253221, 408-253211Cwa:er planu), 408-233352, 408-233312, and 4011-233313 (sewer pLmrs). Actual ~:n~r~ un&r :his Bid nu)' vary depending on qu=tk7 ot[ w~r and wa.~.~w ~ tz~atecL I~CONLMENDATION: The Publlc Worka Admlniau'ator r~eo~ th= th~ Board of County Commissioners, Ex-Officio, dsc C-ovemi~ Board of DLm~c:, a~zrd Bid 1/97-2718 to the fi:Ilowing verutors: jo~s Ckemical, ~c. Sodlmm Hy~ochlorke BiscaTn, CAe~cal calcium Hyl~chlorit~ Sulfu~ Acid Trading Compa:7' Sulfiuic Acid I.ew..hem, badus:rles .....--.~.D~~ Polymer Dr/ Edw-a'd N. Finn, Oper~ions Dire~r BY; Director P. O02 APPROVED BY: Con.se. nc Agenda October 14, 1997 I FRCrl : .CITY OF NAPLES PURCI~SING DIV / PHOHE NO. : 9416495596 Oct. TEU:l-941-?93-3795 09 1997 10:SIP~I P3 P. O0~ ! ~lI I FRO~ : CITY 0I=' ~ES pt.jl~II'.lG DIU PHI3~ ldO. : 94t6495596Oct. OCT.-O¢' 971~l 08:!~ F~C ~GXT/~[C~ ~:I-~1-~0~-~795. . - ~ [997 1~:5[1:~ P4 P. O04 Staff Report to Naples City Council Subject: Annual Underground Storm Sewer Repair and Maintenance Contract From: Dr. Richard L. Woodruff, City Manager Prepared by: Richard A. Gatti, Development Services Directosfi:/o~"q~ Date: October 2 I, 1997 Recommend approval~/~// REQUEST: Request is for City. Council authorization to issue annual purchase orders to pre-qualified contractors to do emergency stormwater repair and maintenance work. BACKGROUND: In the past, City Council has authorized issuing purchase orders to pre-qualified contractors to provide construction services for storm sewer emergency repairs. The work is based on pre-established unit prices for anticipated storm sewer repair work as it may occur. ANALYSIS: Utilizing annual purchase orders for doing various emergency projects has worked very well and a great deal has been accomplished quickly and economically. Based on a comprehensive set of construction standards and procedures prepared by the City Engineering Division, contractors submit proposals for various projects on an as needed basis. Smaller projects are negotiated based on submitted unit prices. Based on the experience &completed projects since August of' 1995, staffrecommends that the £ollowing four contractors be pre-qualified to do City work on an annual basis: Kyle Construction, Inc. Mitchell & Stark, Inc. D. N. Higgins, Inc. Haskins, Inc. RECOMMENDATION: It is recommended that the City. Council approve Kyle Construction, Inc., Mitchell & Stark. Inc., D. N. Higgins, Inc., and Has 'kins, Inc. as annual contractors to perform emergency underground stormwater repair work for the City. of Naples. Further, it is recommended that the City. Council authorize the expenditure not to exceed $95,000.00 for emergency storm sewer repair work. Individual purchase orders will be issued on the basis of quotations received from the selected annual contractors. Staff Report to Naples City Council Subject: Authorization To Issue Purchase Order-Palm Tree Trimming (2-Year Bid) Bid #98-01 From: Dr. Richard L. WoodruffrxCity Manager Prepared By: Stewart K. Recommend Approval ~" %xU '~."'//,~ REOUEST: The purpose of this memo is to obtain authorizatin to re- award a 2-year bid for the trimming of palm trees. BACKGROUND: On October 1, 1997 the City Council awarded the above-referenced bid to A & D Lawn & Tree Service, Naples, Florida. Prior to the start of work, the contractor was required to furnish proof of adequate insurance to the Purchasing Division. This is required of all contractors doing work for the City. Although there is adequate insurance for their leased employees, the two (2) employees on the company's payroll lack Worker's Compensation coverage. This coverage is not required under the law for companies with four (4) or less employees; however the City requires that all individuals doing work for the City have such coverage. Due to the expense of such coverage A & D has declined this contract. ANALYSIS: The second-lowest bidder, South Florida Maintenance, is located in Miami and has no accounts in this area and has listed references that involve work not relevant to the trimming of palm trees. We are not recommending this company. The third lowest bidder, Environmental Care, inc., Fort Myers, Florida has sufficient insurance, acceptable references and the proper equipment to perform this contract. RECOMMENDATION: Based on the above-mentioned information, we are recommending an award as follows: CONTRACTOR: ESTIMATED ANNUAL EXPENDITURES: FUNDING: Environmental Care, Inc. Fort Myers, Florida $100,000.00 Parks & Parlavays Other Contractual Services (Sufficient Funds Available) We are requesting that City Council award this bid as recommended. We have attached a bid tabulation sheet and information concerning A & D Lawn & Tree Service and Environmental Care, Inc. xc: Don Wirth, Community Services Director A&D LAWN MAINTENENCE AND TREE TRIMMING October 19, 1997 City of Naples Purchasing Division 1053 5th Avenue North Naples, FL 34102 Attn: Stew Unangst Stew: Further to meeting with our Insurance Agent, Margaret M Weems, we have determined that the additional insurance cost will make it impossible to Fume bidding the work for the City of Naples. We appreciate your interest in A & D and possibly at some time in the fi~ture we could re- bid. Should you need anything ~urther from u5 please call. Truly, ALEX TORRES I:ACSIHILE To: or: F,x: Phone: Pages: Da(e: Re: Anne Middleton City of'lCalales 94 !-434-4620 941-434-~,610 2, ~,~ i~ff this cover sheet. October ;~, 1997 A & D I~twn Se~ce - Cen~c~e ofl~sur~ce ~ Wems In~r~ce Al$s~ ~c rappii~ to us :o~ay is not acce~ablc. the necessary corr~::ions right on tee certificate as ~'ollows: / Worker's Com~¢asatioa - P~equired - It is not acceptable that someone working for the city say they .are exempt. Special Items - a) City. tc be named as additional insured. b) .;0 days notice rea. uired in }leto o£ lO. Regards, Ton)' FACSEV!_ILE TRANSM/TTAL PHONE: fC~l~ 257-:~707 ~t0, OF PAGES (hNCLUDING COVER S~ '7' _ _ - , ;/ ,. //~ TRANS~frrTED BY: '/ a subsidiary ..~f ~N¥IKONMENT.~.~ I.~DUSTgD:~. INC.. an cqug| apportumc¥ cmpiover h¥ cEo,ce I6335 Oki U.S. 41. Forr .M'.'cr~. Fior~d.~ ]391! ° TckTrhone' (941) 26'/-,9707 · FAX: (94D 267-638~ ACORD la AON Risk Services, lncorporat~l 707 Wilahir~ Blvd., Suim 60(X) Los As3gele~, CA 90054-0460 TEL (213) 630-3200 FAX (213) 689-5047 Enviromncntal C~¢, Inc. 16335 Old US 41 Fort Myers, FL 339/.2 941-2678707 T'/J$ CERTmvCATE ~ ISSU~D &$ A MArT*ER OF ~FORMA'~O~I OM.Y AND NO RI~HT1%J~ON TNB C. ERT1F')CAT~ WOLDF..R. ~ CERTIFICATE DOES NO~ ~ OR ALTIR THE CO~%AGE AFFORDrr. D/%' THE POUC~S I~LOW COMPANIES AFFORDING COVERAGE COMff~ ,.,,0, A Gerl[n~l America Insurance Co. ,.,,., a Evanston Insur'a=~ Co. National Uaioa Fire Insurance Cornpan}, of PiRsbutsh, PA Tiaa IS TO ~ THAT I'~('I~UC~ES C~ WSUKJ, N~ U~ ~ ~ ~ ~U~ TO ~! ~UR~ ~M~ ~ ~ ~l ~U~ ~0 ' ' l S & CONI'~a~'~OK'S A UTOI, IO..~ I.U. lJU TY C 40023~? WCIIYg0J2 4/7/97 4/1/97 2.000 1.000 C0MII~D ]eI LO(X; 1.000 m,sz~JKXJcY ~An 1,000 ~,~.~ITU~:N I]Mt.0*rffJ CaTTIFICA?E t. tOL,OER :.: SAMPLE ACORD 25-,5 107/901 " Staff Report to Naples City Council Subject: Police/Fire Computer Hardware From: Dr. Richard L. Woodruff, City Manager Prepared by: Kevin Rambosk, Chief Date: 10-22-97 ~[ Recommend approval REQUEST: Authorization to expend funds from the Capital Improvement Program and to issue a purchase order to Gateway 2000 for three computer hardware File Servers. BACKGROUND: Currently the department is maintaining two hardware computer systems. One, being a McDonnell Douglas mini-computer purchased in 1987, and secondly, a p.e. based File Server purchased in 1994. It is the desire of the department to maintain only one configuration, that being the p.c. based system. The mini-computer should be phased out and due to non-upgradability of the current p.e. File Server it should be replaced with newer technologically advanced hardware. The p.c. based File Server is the platform required to run the recently approved Police and Fire Computer Aided Dispatch and Records Management Software. ANALYSIS: In the department's search for a new Windows based Computer Aided Dispatch and Records Management System it was determined that the most cost effective and simplest to maintain hardware platform would be a p.e. based system. It is the department's desire to enhance its current p.e. network capabilities. The computer aided dispatching software (C.A.D.) is considered "mission critical" and needs to be on a redundant computer hardware configuration--two Servers. Such a configuration is designed that in the event one File Server fails the redundant Server will resume the processing without any interruption of service to the dispatchers. The records management software (R.M.S.) needs to operate on a third separate Server. Under the current configuration, this is not possible for the following reasons: The mini- computer is 10 )'ear old technology and not capable of running Windows products. The current p.e. File Server is almost 4 3'ears old and has reached its capacity both in processing and data storage capabilities. Also, in consulting witi~ the vendor of this product, the department was informed that upgradable parts are no longer available, that any enhancements would not be cost effective, and that they no longer support this unit. The p.e. Sen'er can still be utilized as a desktop workstation on the network'. Under the new configuration the department xvill need to purchase three File Sen'ers to satisfy its overall "mission critical" operation. ' The hardware configuration as requested is in-line with the city's overall networking desien and has been approved by the city's Information Services Division. ~ Additionally. by phasing out the mini-computer the city will save approximately $14.010.00 per year in maintenance cost. The new p.e. based File Se~'ers pricing includes three years parts maintenance. RECOMMENDATION: Based on the above information, we are recommending that a purchase order be issued to the following vendor. These products are on Florida State Contract//250-040-96-I. VENDOR: Gateway 2000 610 Gateway Drive P.O. Box 2000 North Sioux City, SD 57049 ITEM: TOTAL PRICE: FUNDING: Computer hardware File Servers $28,719.00 Capital Improvement Program account number 340-1 I01-521-60-80. Staff Report to Naples City Council Subjecti Authorization To Issue Purchas6-i~raer-- New Vehicle (Police and Emergency Services} From: Dr. ,.Ri?hard L. Woodruff, Ci~ty Manager BACKGROUND: Funds are budgeted in the current Capital Improvement Program for the replacement of the Fire Operations, Battalion Chief vehicle. The present vehicle, a 1991 Chevrolet Scottsdale, will be moved to the Emergency Services Unit to be used on Special Operations calls, and as a general utility vehicle for PESD, ANALYSIS/RECOMMENDATION: Each year, the Florida Sheriff's Association issues an annual contract for various types of vehicles. Generally, the pricing has been more advantageous than other contracts that the City may have access to. After reviewing the Sheriff's Association contract for this year, we are recommending that the following purchase be made using that contract's prices, terms and conditions: VEHICLE MFG. & MODEL: 1998 Ford Expedition, 4WD, 4-door VENDOR: World Ford Hollywood Hollywood, FL TOTAL PRICE: $27,671.00 FUNDING: C.I.P. Project #98E25 ($36,000 Balance) ACTION REQUESTED: We are requesting that City Council approved this purchase as recommended. We are attaching a Request for Vehicle Purchase form and a price sheet from the Sheriff's Association contract.. REQUEST FOR VEHICLE PURCHASE DEPARTMENT: POLICE & EMERGENCY SERVICES DIVISION: FIRE OPERATIONS VEHICLE DESCRIPTION: Battalion Chief Vehicle MAKE & MODEL: 1998 Ford Expedition 4 x 4 VENDOR: World Ford Hollywood F/S/A Bid (97-05-0915) I BASE PRICE: ..............................................................................S 26378.00 OPTIONS 1 See List Complete set of manuals $ 148.00 2 Heavy-duty towing package $ 390.0q 3 High capacity A/C $ 755.0q 4 Sub Total $ 27671.00 5 S 6 Ext. Colors Int. Colors 7 White Gray $ TOTAL PRICE ..............................................................................$ 27671,00 FUNDING SOURCE: 340-0810-522-60.70 C.I.P.# 98E 25 I VEHICLE IS (CHECK ONE AND COMPLETE INFORMATION): 1) ADDITION TO FLEET (FURNISH JUSTIFICATION) 2) x REPLACEMENT (FURNISH INFORMATION ON VEHICLE TO BE REPLACED) I.e. YEAR, MAKE, MODEL. CITY I.D.#, REASON FOR REPLACEMENT, RECOMMENDED DISPOSITION. 32B609 GMC Vandura Auction 5/10/97 APPROVED APPROVED Department Head~ ~'- ~ Eq'~:~ment Service's Supt. Date /~-'7.. t - 5 '7 Date FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1998 FORD EXPEDITION Specification # 13 (Full Size Utility, 4 x 4) The Ford Expedition purchased through this contract comes with all the standard equip- ment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. A copy of the base vehicle specifi. cations are available upon request. ZONE: MASE PRICE: Western $26,100.00 Northern $26.200.00 Central $26,300.OO Southern $26,378.90 While the Florida Sheriffs Association and the Florida ,*.~sociation of Counties have at- tempted to identify and include those equipment items most olden requested by participat- ing agencies for utility vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate fle.x/bili .ty into our program, we have created specific add/delete options which allow the purchaser to t~ilor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the .type vehicle(s) you wish to order through this program. S/reply deduct the cost of any of the following equipment items you w/sh deleted from the base unit cost and/or add the cost of any equipment items you wi~h added to the base unit cost to dete~i~ne the approximate cost of the type ve.hicle{s) you wish to order. ' NOTE: An official listing of all add/delete options and their prices should be obtnined from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here max, be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. -k = Spec',.fication Low Bid Award Announcement (97-05-09I 5) ] 97 VEHICLE: Expedition Expedition Expedition Expedition DEALER: Orville Orville Orville World Ford Beckford Beckford Beckford Hollywood ZONE: -k Western ~k Northern -k Central , Southern BASE PR/CE: $26,100.00 $26,200.00 $26,300.00 $26.378.90 DEDUCT: DELETE OPTIONS AM/FM radio _. Std. Console ' ' ·., Std. - ABS brakes Std. Vinyl bucket seats -- Std. · Std. Std. · -. std!'- ' Std.'~ Std. Std. Std. Std. _ -- $ 417.00 ADD: ADD OPTIONS Manufacturers heavy- duty towing package v,-ith class III receiver hitch Limited sup rear axle, .. $ manufacturers standard ratio per application Cloth bench seats in lieu $ of vinyl bench seats' Gasoline engine. $ 5.4L V-8 Diesel engine, - .... :--- 6.5L V-8 turbo ..... :-:: Engine off cooler Mirrors. camper type, ' stnin]ess Skid plate package Complete se[ of ser~'ice manuals 3/75 Extended. '.~:. 5/75 Extended._. :, ~ %Va~-anty 5/75 Extended Wa~ ~'antv EC 3/100 Extended 6/100 E:~ended Warrant'" 6/100 Extended Warranty EC Third row seat Running boards $ 39O.OO $ $ $ S $ S $ 390.00 $ 390.00 $ 390.00 267.00 $ 267.00 $ 267.00 $ 255.00 490.00 $ ..490.00 $ 490.00 Std. 665.00 $ 665.00 $ 665.00 $ 665.00 N/A N/A N/A N/A Std. Std. Std. Std. N/A N/A N/A N/A 105.00 $ 105.00 $ 105.00 $ 105.00 I00.00 $ 100.00 $ 100.00 $ 148.00 -- -- -- $ 845.00 1,135.00 $ 1,135.00 $ 1,135.00 -- 1.245.00 S 1.245.00 $ 1.245.00 -- -- -- $ 1.530.00 1.S55.00 S 1.S55.00 $ 1,855.00 -- 2,045.00 S 2.045.00 $ 2.045.00 -- -- -- -- S 600.00 -- -- -- S 435.00 198 Bid Award Announcement (97-05-09I 5) · of Naples POLICE AND EMERGENCY SERVICES DEPARTMENT TO: Whom it may concern FROM: Acting Commander Davis SUBJECT: New B/C Vehicle DATE: 10~22~97 Fire Operations is in the process of rep/acing a 1976 GMC Vandura that was sold in auction with a new 1998 Ford Expedition. The Ford will be put in service as a Battalion Chief command vehicle· The existing Battalion Chief vehicle (1991 Chevrolet Scottsdale) will move over to the Emergency Services Unit for rapid response on Special Operation calls, Le. dive team and mobile cascade trailer. The Chevrolet will also be used as a utility vehicle for general purposes for P. E.S.D. ing Comr~ander Davis Staff Report to Naples City Council Subject: Authorization to Issue a Purchase Order Filter Media (Gravel) From: Dr. Richard L. Woodruff, City Manager Recommendapproval~~Prepared by.' Stewart, ~Unan_qst, Purchasing Manager Background: The Water Plant Staff is preparing to rebuild filters 5 & 6, as part of the annual filter rehab program. The filter rehab program consists of removing and replacing the filter media in two (2) filters per year. This program was started in 1993 and to date we have rehabbed eleven (11) of fourteen (14) filters This item was awarded to the low bidder, National Suncoast Media Company, of St. Petersburg, Florida under bid ~96-36, in February 1996. Analysis: National Suncoast Media has agreed to hold its original prices for the filter media, but has requested a $640.00 increase for increased transportation costs. We feel this is a reasonable price increase for this material. The media specifications and quantity amounts meet the recommendations as per the original manufacturer of the filters, F. B. Leopold Company, Inc. Plant staff will be installing the media as per factory recommendations. Recommendation: Based on this information we are recommending that a purchase order be issued as follows: VENDOR: ITEM: TOTAL COST: FUNDING: National Suncoast Media Co. St. Petersburg, Florida Filter Gravel $13,020.00 C.I.P. 98K03 Attached is an original bid tabulation and a letter from Suncoast Media company that explains the price increase for the media. Prepared bT. Stewart K. Unangst Purchasing Agent CiTY OF NAPLES BID TABULATION Bid No.: 96-36 Opening: 1/3/~6 WATER TREATMENT FILTER MEDIA VENDOR TOTAL PRICE DELIVERY National Suncoast Media Co. Lot 134 Bay MHP $12,380.40 30 Days 3049 Sixth St. So. SL Petersburg, FL 33705 Bos Sand Co. 20 S-; Rt. 45 $12,949.20 30 Days Frankfort, IL 60423 Unifilt Corp. P. O. Box 389 $13,290.00 45 Da~ Ze[ienople, PA 16063 Anthra Filter, Inc. 6105 Bahia Delmar Circle, ~82 $13,310.00 15 Days St. Petersburg, FL 33715 Best Sand Corp. P. O. Box 87 $13,715.00 3-4 Weeks Chardon, OH 44024 Northern Gravel Co. P. O. Box 307 $14,956.25 14 Days Muscatine, Iowa 52761 F. B. Leopold Co., Inc. 227 S. D~'sron St. $15,369.00 30-45 Days Zelienople, PA 16063 Fiodda Water Treatment, Inc. 1398 Main St. $3:2,087.90 28 Days Dunedin, FL 34698 ~clicf. a~on. if any. ue he~y rejec:ed as [ata.' National Suncoast Media, Inc. Po BOX 5188 Gulfport, FI. 33737 Phone (813)823-6229 Fax (813)895-6129 10/16/97 City of Naples Florld~ Water Treatment P13nt 100 Fleischmann Blvd. Naples, FL. 33940 ~ Attn: Tom fax (941)434-3055 Dear Tom; Find enclosed my revised quotation for the filtration media as provided in January, 1997,as well as in 1996. As you are aware, [ had manaqed =o hold the cost of the mate=iai cn the last shipment. Early this year there was an increase passed on to me by my baq house based cn tkei= wage and fuel costs. I have asked for a special consideration based on the repeat business, however, they have denied my request. Your repeat business is important to me and i am sorry that i will have tc submi~ the new ~ricing at this time. Hopefully, the $640.00 increase in cost will be agreeable to you under the circumstances, and you will be able to place the order. ! assure you that all materials ~rovzded to The City of NaDles by National Suncoast Media, !nc. are certifled as NaTional Sanitation Foundaticn approved for water, as well as ~erican Water Works A~A B100-96 Standard materials. Kind Regards, Sincerely, (./ Babe McGar :'ay Pres[den". .n~,.quote IC/16/97 Babe McGarvey National Suncoast Media Telephone (813)823-6229 PO BOX 5188 Gulfport, FI. 33737 Fax:(813)895-6129 Quotation 10/16/97 City of Naples, Florida 1000 Fleischmann Blvd. Naples, Fi. 33940 ATTN: Tom fax(941 ) 434-3055 We are pleased to quote on your inquiry as follows' Prices quoted are FOB shipping point freIght a;lowed to Eight 3,000~ super sacks, (240cu.ft.) Filter Gravel 3/4 X 1/2 Four 3,00(~ super sacks, (120 cu ft.) FIlter Gravel 1/2 X 1/4 Eight 3,00C~ super sacks, (240 cu.ft.) Filter Gravel 1/4 X 118 Four 3,000 #super sacks, (120 cu. ff.) Filter Gravel 1/8 X #10 Fifteen(15) 4,~per sacks,(600 cu.ft)Filter Sand, E.S..45 to .55 mm, U.C. 1.4max. 710 cu.ft. Athracite, E.S..95 to 1.05mm, U.C. 1.Smax, in eighteen (18) 2,000~ sul~r sacks and twenty s~x (26) 1 cu.ft, bags Delivery: 2 weeks or less aver receipt of orcler $ 9,970.00 material 3,050.00 freight $13,020.00 Total Lump Sum Price Enclosure: NSM terms a~onditions. Staff Report to Naples City Council Subject: Authorization To Issue Purchase Order-Sub- Surface Filter Sweeps (Utilities) From: Dr. Richard L. Woodruff(C~ity Manager Prepared By: Stewart K. l~a~gsl,I Purchasing2~{anager Recommend Approval REOUEST: The purpose of this memo is to obtain authorization to issue a purchase order. BACKGROUND: The Water Plant staff is currently rebuilding filters 5 & 6 as part of the filter media replacement program. As part of the rehab of these filters, the surface wash agitator sweeps need to be replaced. Filters 5 & 6 were constructed as part of the plant up-grade in 1969. ANALYSIS: The surface wash agitator sweeps are responsible for mixing and stirring the upper portion of the filter media during the filter backwash process. The entire sweep arms and nozzles have become worn to the point that these filters are not being effectively cleaned. Current technology utilizes sub-surface sweeps for higher solids removal and longer run times between backwash cycle..~. F.B. Leopold, Inc. is the manufacturer for all of the filters at the plant. MST Environmer. tai, Inc., Spring Hill, Florida, is the exclusive sole source supplier for Leopold equipment. RECOMMENDATION: Based on the above information, we are recommending that competitive bids be waived and a sole source purchase order be issued as follows: VENDOR: ITEM: TOTAL COST: FUNDING: MST Environmental, Inc. Spring Hill, Florida Twelve (12) Sub-Surface Sweeps and Nozzles $11,500.00 C.I.P. Project #97K03 Original Funding: Expended-To-Date: This Purchase: Remaining Balance: $75,000.00 -0- $11,500.00 $63,500.00 Attached is a sole source letter from F.B., Leopold, Inc. and a cost estimate for this proposed purchase. DATE: October 15, 1997 PROPOSAL NO. L7-gS38.-Q TO:. CITY OF NAPLES SUBJECT: SUB-SURFACE AGITATORS NAPLES, FL We are pleased to offer the following equipment by the F. B. Leopold Company, Incorporated. This quotation has been prepa.red b~ed on your request t'or pricing. AGITATORS Under this section, we propose to fumi~ twelve (12) Leopold Model 30A Sub-Surface Filter A§itators, 6'-9" in diameter, with flexi.jet nozzles, and QI end caps. Agitators will have delrin center bearing assembly with ~pe 316 stainless steel lateral arms. MANUFACTURING LEAOTIME~: Manufacturing leadtime shall be 6 to 8 weeks after receipt of final drawing approval. Proposal No. L7-9538-Q October 15, 1997' Page 2 We propose to flJrnish the above described material for a total lot net selling price of I I~,S'Oo. Cx3, f.o.b, shipping point with full tru~ t're{ght allowed to the jobsite. This price is firm for sixty (60) days, ba~ed on shipment of all equipment by April 30, 1998. Equipment shipped and invoiced after thls date shall be escalated at the rate of one and one- half percent ('1-'I/2%) per month. For further information pertainin8 to the equipment ~ontained in this proposal, please contact our area representative, who is: MT5 ENVIRONMENTAL, INC. 12120 Pilot Cot;ntry Drive Spring Hill, FL 34610 TEL: 813-996-7~.-~ F,~X: 813-~96-6297 Attn.: Emie Troushton Respec:fully, F. 8. LEOPOLD COMPANY, INC. Wayne M. Emery. E.I.T. ~ Applic.~tlons En$ineer ./ A:tachment: Terms of Quotation ) Staff Report to Naples City Council : --,, -,., ,. ,, Subject: Authorization To Issue Purchase-Order_-_ Replacement High Velosity Sewer Jet-Rodder Truck From: Dr. Richard L. Woodruff, City Manager A Prepared By: Stewart K. Ull~Purchasirlg~a/nat~er Recommend Approval REOUEST: The purpose of this memo id to' ol~tm~-'h"n authoftza"~i~/n'to issue purchase order. BACKGROUND: Funds are included in the current Capital Improvement Program for a replacement high -elocity Sewer Jet-Rodder truck. The Utilities malntenance/Wastewater Collections Division utilizes a High Velocity Sewer Jet-Rodder truck continuously on a dally basis for: cleaning sewer blockages, setting well point {dewatering systems), locating utilities, and for cleaning and stringing lines for TV sewer line inspections. This unit also operates in areas that the combination jet- vactor truck cannot maneuver to. This proposed unit will replace a unit that is ten years old. The cab and chassis are in disrepair, the truck gasoline engine is weak and unreliable (trouble starting and will not idle properly), and the auxiliary high pressure pump has been rebuilt at least four times and is no longer able to produce the pressure necessary to clean sewer lines. ANALYSIS: Equipment Services has determined that the existing Jet- Rodder truck has met the end of its' useful life expectancy for our dally needs. The new (replacement) truck can be purchased on State Contract #070-700-230 through Atlantic Ford Truck Sales. The accessory Vac- Con HS 1600A power unit will be installed by Southern Sewer Equipment Company, through Atlantic Ford Truck Sales. RECOMMENDATION: Based on this information we are requesting that a purchase order be issued as follows: VENDOR: ITEM: MFG & MODEL: TOTAL PRICE: FUNDING: Atlantic Ford Truck Sales 2565 West Lake State Road 84 Fort Lauderdale, FL 33312 One (1) High Velocity Sewer Jet-Rodder Truck 1997 Ford F800 $83,912.00 C.I.P. Project #98N16 Previous Expenditures: This Purchase: Remaining Balance: $85,000.00 -0- .$83,912.oo $ 1,088.00 Attached is a written quote for this proposed purchase. Time= 2=43 PM FORD ATLA/TTIC ;ORD TRUCK SALES 2565 WEST STATE ROAD 84 FORT LAUDERDALE FL 33312 1-954-587-8220 FAX: 1-954-797-9720 TRUCKS CITY OF NAPLES Page 1 of 1 10/21/1997 PKEPARED BY: GEORGE&DREW ELLISON QUOTE ID: NAPLES3 NO. OF UNITS: 1 SUMMARY QUOTATION ( Price Level = 701 Model Year = 1997 version - v2.25U.2.C ) Model .................................. FS00 Conventional - Diesel Wheelbase ........................... WB=238 CA-168 AF=130 OAL=403 Engine ................... Ford FD-1060 190 HP/475 lb-ft/2500 RPM Transmission ............... Allison MT-643 4-Speed Automatic Front Axle .................................... 12000 lb Front Axle Rear Axle .................... 21000 lb Rockwell RS-21-145 Steel 1S Axle Ratio 5.29 Paint .................................................. Pure White GAWR: Front: 12000/Rear: 21000 GVWR: Frame: 37600/Total: 33000 Total weight ............................. Front: 6236/Rear: 4213 Total Equipment Price (Excluding Taxes and Title) .......... 83912.00 Net Trade Allowance ............................................ 0.00 Total Price to the Customer ................................ 83912.00 COMMENTS: 1997 STATE CON--CT #070-700-230 O Dealer Signature Date ~ustcmer Signature Daue M E M TO: FROM: SUBJECT: DATE: Honorable Mayor and Members of City Council Dr. Richard L. Woodruff, City Manager ~ Coastal Construction Setback Line variance request, file number CCSL 97-18. 01 October 1997 PURPOSE: To construct a guest house, a garage, an in-ground swimming pool, and pool deck Gulfward of the Coastal Construction Setback Line. LOCATIONS: 4550 Gordon Drive OWNER: Lloyd I. Miller AGENT: Brett D. Moore, P.E., Humiston and Moore Engineers BACKGROUND: The Comprehensive Development Code of the City of Naples establishes a Coastal Construction Setback Line (Ch. 114- 33(a)). Variances can be granted by the Mayor and City Council upon petition (Ch. 86-205(b)), and the petition review process requires public advertisement and a public hearing (Ch. 86- 205(b) (2)). Although not required, copies of the public notice have been sent, as a courtesy, to property owners adjacent to the petitioner. ANALYSIS: The petitioner desires to demolish the existin~ guest house/garage and construct a new one to the southwest of the original. In addition, the petitioner is requesting permission to construct an in-ground swimming pool and pool deck between the guest house and main residence and to construct a new paver block driveway. The City's criteria for evaluating CCSL variances are set forth in Subsection 86-205.(b) (3)e.4. of the Comprehensive Development Code. Subsection 86-205(b) (4)a. establishes guidelines for granting a variance. Mr. Moore has adequately addressed the above-referenced factors in his 01 October 1997 letter. The proposed structures are all east of the existing residence, and will present no additional impediment to passage of a storm surge. Honorable Mayor and Members of City Council Page 2 STAFF RECO~ENDATIONS: Based on the plans presented by the petitioners and our ~nowledge of the site, we reco~end granting the variance re,est, with the following conditions: 1. The variance is granted for the construction and footprint sho~ on the drawings prepared by Mark J. Leonardi, dated 14 August 1997. Should the footprint or envelope change, the Natural Resources Manager will prepare an analysis of the effect on the petition and notify City Council whether it is of a magnitude that should rewire s~mission of a variance ~en~ent. ReVJ~~/~~~or S~mittal, Drf Richard L. Woodruf~ City Manager Reco~ended for ~proval Prepared by: C. St:a±ger, ?h.R- ural Resources M~fnager CSLg?I!.WFW Concurrence: William Overstreet, A.I.A. Building Official HUMISTON MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING t064! AIRPORT ROAD N., SUITE 29 NAPLES. FLORIDA 34109 FAX: 941 594 2025 PHONE: 941 5~4 2021 October 1, 1997 Dr. Jon Staiger, Natural Resources Manager The City of Naples 735 Eighth Street South Naples, Rofida 33940 Hand Delivered RE: Petition for CCSL Variance 4550 Gordon Ddve HM File No. 6-024, Miller Dear Jon, On behalf of Uoyd Miller, we are providing you with this petition for a Coastal Construction Setback Line (CCSL) vadance for your review and approval. This vadance request is for the construction of a guest house and swimming pool landward of an existing single-family dwelling. Constru~on also includes a realignment of the driveway and landscaping. The subject property is located at 4550 Gordon Ddve. As you know, we have previously obtained dty authorization for improvements to the existing single-family residence consisting of interior renovation and additions and have also received City Coundl approval for the construction of a toe-scour revetment along the existing seawall and return wall. The proposed guest house and swimming pool are landward of the existing single-family residence, which is upland of an existing seawall and toe-scour rock revetment. The proposed improvements will not expand the existing shore-parallel site coverage on the property and will have no impact on the beach system. For clarity, the proposed improvements are detailed below:. 1) Removal of an existing guest house and construction of a guest house further south and west of the existing guest house to extend up to approximately 149 feet seaward of the Coastal Construction Setback Line. 2) Construction of a new access driveway along the north side of the proposed new guest house. 3) Construction of an in-ground swimming pool and pool deck between the proposed guest house and existing single-family residence to extend up to approximately 175 feet seaward of the Coastal Construction Setback Line. 4) Construction of landscaping. As indicated above, the proposed guest house and pool will remain significantly landward of the existing line of construction and well landward of the active beach system. The proposed new guest house meets all current spatial perception criteda and is well within the allowable envelope. An elevation view is provided as part of this petition to illustrate the proposed building profile relative to the spatial perception criteria. I of 4 In terms of the State's reference monument system, the subject parcel is located between approximately 300 feet and 465 feet south of the State DNR reference monument R-88. We have also submitted our request to the State DEP for a Coastal Constru~on Control Line (CCCL) permit at this time. We have discussed this application in advance with DEP staff who have indicated that there are no DEP issues relative to this request. Listed below is the CCSL information in the format requested by your office: Coastal Construction Setback Line Requirements (1) Legal Description: Please refer to the enclosed copy of the recorded warranty deed which includes the following legal description: 4550 Gordon Drive, Naples, Florida, being the South 40 feet of Lot 39, and all of Lots 40 and 41, Block A BEACH ESTATES NO. 2, according to the Plat in Plat Book 1, Page 69, of the Public Records of Collier County, Florida; The South 40 feet of Lot 26 and all of Lots 27 and 28, Block A CUTLASS COVE SECT]ON, PORT ROYAL according to Plat in Plat Book 1, Page 101, of the Public Records of Collier County, Florida, and the North one-half of the following described property: From the Point of Beginning at the Southeast comer of Lot 27, Block A, CUTLASS COVE SECTION OF PORT ROYAL, according to the Plat thereof recorded in Plat Book 1, at Page 101, Public Records of Collier County, Florida, run North 89°41'00" West 100.22 feet; thence South 3°30'00" East 50.12 feet; thence South 89°41'00. East 100.22 feet; thence North 3°30'00" West 50.12 feet to the Point of Beginning. (2) [a,b] Signed and sealed survey: Please refer to the enclosed signed and sealed survey referenced above under item (1) as prepared by Bruce Green and Assodates under the direction of Steve Erek, P.L.S. # 3273, dated July 16, 1997. (3) Certified statement by registered engineer justifying the vadance request and stating that the proposed structure [or construction] will not adversely effect the following: a) Ground elevations: The proposed project will involve no net excavation seaward of the CCSL. The proposed improvements are in the landward shadow of the existing single- family dwelling. Minor grading and filling at the ground level for the garage and storage area is anticipated. b) Historic storm and hurricane tides.: The proposed construction will have no effect on the histodc storm and hurricane tides. The proposed construction will be sited such that there will be no seaward advancement of major construction at the site. The new guest house and swimming pool will remain landward of the existing residence currently undergoing remodeling and minor additions. This area of the shoreline was armored with seawalls in the 1950's. In 1996, a toe-scour rock revetment was placed along the base of the existing seawall and return wall to reduce erosion scour at the base of the walls. c) Predicted maximum wave uorush: The proposed construction will remain landward of the existing residence which is up'and of an existing seswall and rock revetment and will have no effect on the predic'.ed maximum wave uprush on the site. The project is located such that the maximum uprush under normal conditions to high frequency storm events should remain over 110 feet seaward of the proposed construction. Under normal conditicns, the maximum wave uprust3 may be expe~ed to be at the seawall. 2of4 c · =LE d) Beach and offshore contours: The proposed construction will remain upland of the seaward limits of the existing construction and well upland of the active beach system. The proposed construction is over 110 feet upland of the existing concrete seawall. The proposed improvements involve no net loss of material and will not adversely affect the beach and offshore contours. e) Erosion trends: This area of the coastline is within the influence of the effects of Gordon Pass. The long-term shoreline recession rate from 1988 to present as tabulated by DEP is estimated to be -0.2 feet per year. In 1996, a toe-scour rock revetment was installed along the base of the seawall and return wall. The result has been a reduction in reflected wave energy off of the seawall and reduced localized scouring. An erosion control project consisting of a rock T-Groin and beach fill is under design to address the erosion stress within the influence of Gordon Pass and address past impacts of the inlet system and its maintenance. The proposed improvements herein will have no effect on either the short or long-term erosion trends along this area of the shoreline. Vegetation line: Based on a recent survey, the proposed project would remain over 110 feet upland of the approximate seaward vegetation line which is immediately upland of the existing seawall. g) Dune and bluff line: The proposed construction will remain approximately 110 feet upland of the existing seawall seaward of which there is no dune or bluff line. Thus, the proposed construction is landward of the active beach area and will have no adverse effects on the active beach system. h) Buildinq and zoninq requirements (and other ordinances of the City of Naples): To the best of my knowledge, the proposed construction will be in compliance with all applicable zoning and building requirements of the City of Naples. i) The Master Plan of the City of Naples: To the best of my knowledge, the proposed project is consistent with the master plan and comprehensive plan of the City of Naples. (4) Attomey's Opinion Regarding Ownership: Please refer to the enclosed copy of the recorded warranty deed and earlier legal opinion on file with the City for the CCSL variance for the rock revetment. (5) The names and addresses of the petitioner and adjacent gulf-front property owners are listed below: Name and address of owner: Lloyd Miller 4550 Gordon Ddve Naples, Flodda 34102 Adjacent Property Owners: (north) John and Melissa Gridley, Jr. 4540 Gordon Drive Naples, Flodda 34102 (south) John and Rhonda Donahue 100 Bay Road Naples, Florida 34102 3 of 4 HUMISTC~J & ','ICO,qE E~,IG,'/EER$ · ~aA~I.E$. r. LC,q~2A Summary: The proposed construction consists of the construction of a guest house and swimming pool landward of the existing singte-fam~ residence at 4550 Gordon Drive. The proposed construction is within the shore-parallel limits of the seaward residence and will not adversely impact the beach system in any way. The proposed project is within the City's spatial perception criteria. The project's landward siting is such that it will be located landward of an existing residence along a relatively stable section of shoreline which has been armored with seawalls and rock revetments. I believe we have provided you with a completed petition for a CCSL variance for this project. I am enclosing a copy of the documents referenced herein, including a preliminary set of architectural plans and 17 copies of the reduced site plan. Mark Leonardi will be providing you with additional copies of an elevation view with the spatial perception allowance included. Should you have any questions regarding this request or need any additional information, please give me a call. Sincerely y~.~.,, HUMIST~ORE~NGINEERS Brett D. Moore, P.E. cc: Mr. Uoyd Miller Enclosures 1) Copy of survey. 2) Recorded warranty deed. 3) Preliminary architectural plans. 4) 17 copies of reduced site plan. 4of4 HUMISTON & MOORE ENGINEERS * hlAPLES, FLORIDA (.94,1) ~91'2700 Do~A~o ~- Pxcxwom~H, P.~ ~TTO~L.WET AT ~W October 7, 1997 ~gB-ll6t Dr. Jon St.,.iger City of Naples Natural Resources Director 735 Eighth Street South Naples, Florida 34102 Re: CCSL Petition 97-18 Dear Dr. Staiger: I am an attorney licensed to practice law in Florida and the attorney for Lloyd I. Miller, the petitioner in the above-described petition (the "Petition"). It is my opinion that fee simple title to the property described in the Petition (the "Property") is vested in Lloyd I. Miller; subject however to the proviso that a dispute is currently pending with the property owner to the south of the Property concerning title to a 9 foot by 100 foot strip shown as the shaded area on the attached drawing. A resolution of the dispute with regard to this strip adverse to Mr. Miller will not adversely affect Mr. Miller's title to the remainder ofthe Property. The improvements contemplated by the Petition have been sited so that applicable setbacks will be met regardless of the outcome of the dispute. Based upon the survey provided to me, it appears that the area of the Property not in dispute exceeds 30,000 square feet. If you need further information, please do not hesitate to contact me. Donald A. Pickxvorth Enclosure cc: Lloyd I. Miller .l. Micheal Coleman, Esq. Brett Moore.. P.E. Mark J'. Leonardi. A.I.A IZ IIOZl COLLIER COUNTY ~31L ~7 AX RECOROEO s~ ,,. ~~~. o.c. Return to: J~S E. WILLIS, ESQ. WILLIS, WILSON & BUC~L 1~00 Fifth Avenue South, suite 2~ Naples, FL 33940 This fnst~ent was prepared by: J~S E. WI~IS, ESQ. ll00 Fifth Avenue South, suite 211 Naples, FL 33940 1856 OR BOOK 'O00Z09 P OEi WAPJ~A~{TY DEED THIS INDENTURE, made this [J _ day of August, 1993, between DA3~A COLLIER, whose Post office address is 3838 Fort Charles Drive, Naples, Florida 33940, hereinafter called "Grantor"; and LLOYD I. MILLER, whose Post office' address is 4550 Gordon Drive, Naples, Florida 33940, hereinafter called "Grantee"; and whose Social Security Number is . WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Grantee the following described real estate, situated in Collier County, FLorida, to wit: I See attached Exhibit "A" The Property Appraiser's Parcel Identification Number is 02930320007. Grantor covenants with and warrants to Grantee that the above-described real estate is NOT the Grantor's homestead property, nor do any members of the Grantor's family reside on the premises and that the Grantor's legal residence is 3838 Fort Charles Drive, Naples, Florida 33940. The Grantor hereby covenants with the Grantee that said real estate is free of all encumbrances, that lawful seisin of and good right to convey said real estate are vested in the Grantor, and tl%at t OR BO0 , tl~e Grantor hereby fully warrants the title to said ~and and defend the same against the lawful claims of all persons whomsoever, except applicable zoning regulations; easements, restrictions and reservations of record; matters disclosed by personal inspection survey of the premises; and taxes for the year 1993 and thereafter, which Grantee herein assumes and agrees to pay. signed, sealed and delivered in the presence of: ..(SEAL) ature of Witness ~2 ~h,~ D- Print Name of Witness ~2 STATE OF OHIO COUNTY OF _ The foregoing instrument was acknow1/edg.ed before me this day of August, 1993, by DA/gA COLLIER, ~ WhO is personally known to me/__ who produced O~u~_~ t~¢¢~%~-'as evidence of identification. (Notary must check one of the foregoing state- ments). An oath was not administered. (NOTARY SEAL HERE) NOTARY PUBLIC (printed #nme of ~o~.u) My co~ission e~ires: !0-~ ~? THIS INSTRUMENT pREPARED BY: James E. Willis, Esquire [~00 Fifth Avenue South, Suite 211, Naples, Florida 33940 ~ITHOUT BENEFIT OF TITLE EXAMINATION 85G OR L~GkG ¢550 Gordon Drive, Naples, Florida, being the South 40 feet of Lot 39, and all of Lots 40 ~nd 41, BLock A BEAC~ ESTATES NO. 2, according to Plat in Plat Book 1, Page 69, of t_he Public Records of Collier County, Florida; The South 40 feet of Lot 26 a~d all of Lots 27 ~nd 28, B~ock A CUTI2%SS COVE SECTION, PORT ROYAL according to plat in Plat Book 1, Page 101, of the Public Records of Collier county, Florida, AND The North one-half of the following described real property: From the Point of Beginning at the Southeast corner of Lot 27, Block A, CUTLASS COVE SECTION OF PORT ROYAL, according to the Plat t~ereof recorded in PLat Book 1, at Page 101, Public Records of Collier County, Florida, run Nor~-h 89'4~'00" West 100.22 feet; thence South 3'30'00" East 50.12 feet; thence South 89'4~'00" East 100.22 feet; thence Nor~-h 3'30'00" West 50.12 feet to the Point of Beginning- RESOLUTION NO. 97- A RESOLUTION GRANTING A COASTAL CONSTRUCTION SETBACK LINE VARI~NCE TO CONSTRUCT ~ GUEST HOUSE ]tND G~RAGE, ~N IN-GROUND SWIMMING POOL LNDPOOL DECK, LNDA DRIVEWAY GULFW~RD OFT HE CO~ST~L CONSTRUCTION SETBACK LINE, AT 4550 GORDON DRIVE; PROVIDING FINDINGS; ~ND PROVIDING~NEFFECTIVE DATE. WHEREAS, Chapter 114-33 of the Comprehensive Development Code of the City of Naples establishes a Coastal Construction Setback Line; and Lloyd I. Miller has petitioned for a variance from the Coastal Construction Setback Line in order to construct a guest house and garage, an in-ground swimming pool and pool deck, and a driveway Gulfward of the Coastal Construction Setback Line; and following an advertised public hearing, as required by Chapter 86-205 of the Comprehensive Development Code, and taking into consideration the recommendation of the City staff, the City Council has determined that a variance from the City's Coastal Construction Setback Line should be granted at 4550 Gordon Drive to carry out the above- referenced project Gulfward of the Coastal Construction Setback Line. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That a Coastal Construction Setback Line variance is hereby granted to construct a guest house and garage, an in-ground swimming pool and pool deck, and a driveway Gulfward of the Coastal Construction Setback Line, at 4550 Gordon Drive. Section 2. Construction shall be within the footprint and envelope shown on the drawings referenced below: The drawings prepared by Mark J. Leonardi, dated 14 August 1997, copies of which are attached hereto; For the property described below: The S 40 ft. of Lot 39 &nd &11 of Lots 40 and 41, Block A; BEACH ESTATES No. 2, Pl&t Boo~ 1, page 69, the S 40 ft. of Lot 26 &nd all of Lots 27 and lS, Block ~, CUTLASS COVE SECTION, Resolution Page Section 3. Section 4. Section 5. Section PORT ROYAL according to Plat in Plat Book 1, page 101, of the Public Records of Collier County, Florida, and the North one-half of the following described real property= From the Point of Beginning It the Southeast corner of Lot 2?, Block A, CUTL~S COVE SECTION OF PORT ROYAL, according to the Pl&t thereof recorded in Plat Book 1, at Page 101, Public Records of Collier County, Florida, run North $9°41°00' West 100.22 feet; thence South 3030'00" East 50.12 feet; thence South 89°41'00' East 100.22 feet; thence North 3o30'00" West $0.12 feet to the Point of Beginning. The City Council hereby finds that the petitioner has made an affirmative showing by clear and convincing evidence that the proposed construction line shall not adversely alter the natural state of the beach area protected by the present setback line; that it shall not accelerate, increase or aggravate natural erosion; that it shall not endanger upland properties; that beach and sand dune erosion shall be controlled; and that it shall not adversely affect the public health, safety and welfare. Should the footprint or envelope change, the Natural Resources Manager will prepare an analysis of the effect on this resolution and notify City Council whether it is of a magnitude that should require submission of a variance amendment. That local approval is hereby granted for the issuance of a permit by the State of Florida for construction seaward of the Coastal Construction Setback Line. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THB CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA~ THIS . DAY OF , 1997. Bill Barnett, Mayor Attest: Tara Norman, city Clerk Approved as to form and legality: Kenneth B. 'Cuyler ~ty Attorney .SITE PLAN SCALE 1;16~;0° ORDINANCE NO. 9% Naples City CouncR SECOND READING Agendaltem a~i7 , For The Meeting of ,~'~'~_'"{ / /l /q 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT EXPRESSING ITS INTENT TO LOAN FUNDS TO THE NAPLES PLAYERS, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION AND CONSTRUCTION OF A COMMUNITY THEATER IN THE DOWNTOWN REDEVELOPMENT AREA OF THE CITY; APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(0 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND SUBJECT TO CERTAIN FURTHER FINDINGS, THE ISSUANCE OF NOT EXCEEDING $3,000,000 REVENUE BONDS, SERIES 1997 (THE NAPLES PLAYERS, INC. PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO THE NAPLES PLAYERS, INC. TO FINANCE A PORTION OF THE COST OF SUCH PROJECT; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED, BY THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, as follows: SECTION I. AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 159, Part II, Florida Statutes, and other applicable provisions of Iaw. SECTION 2. DEFINITIONS. "Act" means Chapters 159, Part H, and 166 Florida Statutes, and other applicable provisions of law. "Bonds" or "Bond" means the proposed Revenue Bonds, Series 1997 (The Naples Players, Inc. Project), to be issued in the aggregate principal amount not exceeding $3,000,000 to be authorized by subsequent resolution of the Council pursuant to the Act, and in accordance with the terms, conditions and limitations contained in such resolution. "Borrower" means The Naples Players, Inc., a not-for-profit corporation duly organized and validly existing under the laws of the State of Florida. "City" means the City of Naples, Florida, the issuer of the Bonds. "Clerk" means the Clerk of the City or any Deputy Clerk. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or applicable thereunder. "Council" means the City Council of the City of Naples, Florida. "Mayor" means the Mayor or Vice Mayor of the City. "Memorandum of Agreement" means that certain Memorandum of Agreement, dated the date hereof, between the Borrower and the City, in substantially the form attached hereto as Exhibit A, with such changes as the officers signing such Memorandum of Agreement may approve. "Project" means the acquisition and construction of a community theater in the downtown redevelopment area of the City on the property generally located on the right-of-way on '/th Street South, lying between 4th Avenue South and Sth Avenue South. "State" means the State of Florida. SECTION 3. PROPOSAL OF BORROWER. The Borrower has requested that the City issue its revenue bonds under the Act in an aggregate principal amount not exceeding $:3,000,000 for the purpose of making a loan to the Borrower to f'mance pan of the cost of the Project, the amount of which the Borrower has represented will be sufficient, along with funds contributed by the Borrower, to pay all of the cost of the Project, such Bonds to be secured under the terms of a loan agreement between the City and the Borrower requiring repayments in an amount sufficient to pay the principal of and interest on such Bonds as the same become due and payable. SECTION 4. FINDINGS. The Council hereby finds, determines and declares as follows: A. The City is authorized and empowered by the Act to enter into transactions such as those contemplated by the Borrower, and to fully perform the obligations of the City to be undertaken in connection with the financing of the Project in order to promote the economy and welfare of the City and the State of Florida, increase opportunities for tourism and to improve living conditions by the creation of a performing arts center, and otherwise contribute to the prosperity and welfare of the City, the State and the inhabitants thereof. B. The Project is a "project" within the meaning of the Act, is appropriate to the needs and circumstances of and shall make a significant contribution to tourism in the City, and shall serve a public purpose by advancing the prosperity and the general welfare of the City and the State and the inhabitants thereof. C. The Borrower has requested the City to issue Bonds from time to time in an 3246iN A POSO20,'R .INDUCEMF~T-RF.~SO 2 aggregate principal amount not exceeding $3,000,000 to finance part of the cost of the Project. The Bonds shall be paid solely from the repayment of a loan of the bond proceeds from the City to the Borrower. D. The availability of financing by means of revenue bonds is an important inducement to the Borrower to proceed with the acquisition, construction of the Project. E. The Project and the issuance of the Bonds to finance the cost thereof will have a substantial public benefit, and the Council deems it in the best interest of the City and its citizens to approve the issuance of the Bonds. F. The approval requested the Borrower is to comply with the requirements of Section 147(f') of the Internal Revenue Code of 1986, as amended, which section requires the approval by the Council of the issuance of the revenue bonds after a public hearing on the matter has been held. G. The Council on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit B. SECTION 5. DETERMINATIONS. If, upon further investigation of the Borrower and its proposal, the Council is able to find that: A. the City, the Council or any member or officer thereof is not obligated to pay the Bonds except from the proceeds derived from the repayment of a loan to the Borrower and that neither the faith and credit nor the taxing power of the City or of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest, or premium, if any, on the Bonds; B. the City, the Borrower and the proposed purchaser of the Bonds have executed or will concurrently with the issuance of the Bonds execute the documentation required for the financing of the Project as contemplated hereby; C. adequate provision has been or will be made in the documents for the operation, repair and maintenance of the Project at the expense of the Borrower and for the payment of the principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor; D. based on the criteria established by the Act, the Borrower is financially responsible and fully capable of and willing to fulfill all of its obligations under the terms and provisions of the loan agreement to be negotiated between the parties, under which the Borrower will be obligated, among other things, to pay amounts sufficient to timely discharge the debt service on the Bonds, and to operate, repair and maintain the Project at the Borrower's expense; E. upon the advice of bond counsel, the interest on the Bonds will be excluded from gross income for federal income tax purposes under existing laws of the United States. ZZ46/N ^ IK)~20/R.IND UC'E.MF..~rT. R ESO ~ F. the proposal will otherwise comply with all of the provisions of the Act; then the City will issue Bonds to finance the acquisition and construction of the Project in accordance with the provisions and authority of the Act, this Ordinance and the Memorandum of Agreement. The principal amount, terms of maturity, interest rate and other details of the Bonds will be determined by subsequent Council resolution. SECTION 6. PUBLIC HEARING HELD. The Council, on this date, has held a duly called and convened public hearing pursuant to the provisions and upon the terms and conditions set forth in Section 147(0 of the Code. Anyone who wanted to speak for or against the financing of the Project, and the issuance of the revenue bonds was given an opportunity to do SO, SECTION '7. FINANCING APPROVED. The financing of the Project through the issuance of the Bonds is hereby deemed to be in the best interests of the City and its citizens, and is hereby approved, subject to satisfaction of the conditions described in Section 5 above. This approval shall be deemed to constitute a loan commitment for the purposes of Section 10.2 of that certain Land Use Agreement, dated November 30, 1994, between the Borrower and the City. SECTION 8. AUTHORIZATION TO EXECUTE. The Mayor and Clerk of the City are authorized in the name and on behalf of the City pursuant to this Ordinance, to execute and deliver the Memorandum of Agreement. The officers executing such Memorandum of Agreement are further authorized to do all acts which may be required or may be advisabIe with respect thereto. The Mayor and Clerk of the City are further authorized to take such further action and execute such further instruments as may be necessary to fully effectuate the purpose and intention of the Memorandum of Agreement and this Ordinance. SECTION 9. OFFICIAL ACTION AND REIMBURSEMENT. This Ordinance constitutes official action within the meaning of Section 1.103-8(a)(5) of the Regulations promulgated under the Code within the meaning of Sec. 147(0 of the Code. This Ordinance also constitutes official intent under Treasury Regulations Section 1.150-2 and any amendments thereto, for reimbursement from bond proceeds of temporary advances made by the Borrower for purposes of the Project prior to the issuance of the Bonds. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. 32~,/NA.~8020~R.IN D U CEM E NT. R F.,SC) 4 APPROVED AT FIRST READING THIS/~)AY OF OCTOBER, 1997. PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, THIS DAY OF OCTOBER, 1997, CITY OF NAPLES, FLORIDA By: Mayor ATTEST: Clerk Approved as to form and legal sufficiency: City Attorney ~ MEMORANDUM OF AGREEMENT This Memorandum of Agreement is dated as of the day of October, 1997, between the CITY OF NAPLES, FLORIDA (the "City"), a municipal corporation created and existing under the laws of the State of Florida, and THE NAPLES PLAYERS, INC., a Florida not-for-profit corporation (together with its successors or assigns, the "Borrower"). WHEREAS, the City is authorized and empowered by the provisions of the Constitution and laws of the State of Florida to issue revenue bonds for the purposes of providing funds to pay all or any part of the cost of any 'project' as def'med in Chapter 159, Part II, Florida Statutes (the "Act'), and to loan the proceeds from the sale of such bonds to others to finance the acquisition, construction, improvement and equipping of such projects; and WHEREAS, the Borrower desires to acquire and construct a community theater on land owned by the City (the "Project"); and WHEREAS, the City desires to encourage the Borrower to acquire and construct the Project in the City, to promote the health and welfare of the City and the State of Florida, and otherwise contribute to the prosperity and culture of the City and the State of Florida and its inhabitants; and WHEREAS, the City has initially determined that it has the authority to finance the acquisition and construction of the Project within the geographic boundaries of the City, which Project shall constitute a 'project' within the meaning of the Act, and to make a loan to the Borrower to enable the Borrower to acquire, construct, improve and equip the Project; and WHEREAS, the Borrower wishes to obtain assurances from the City that it will finance, in whole or in part, the cost of the acquisition and construction of the Project from proceeds received from the sale of the City's revenue bonds; and WHEREAS, the City, by the adoption on the date hereof of a resolution (the 'Inducement Resolution"), has indicated its willingness to proceed with such financing as an inducement to the Borrower to acquire and construct the Project; and WHEREAS, subject to compliance with all requirements of law, including the requirements of the Act, the City desires to make all reasonable efforts to issue and to sell its revenue bonds in an aggregate amount up to, but not in excess of, $3,000,000 (the "Bonds"), for the purpose of all or a part of the cost of the Project, subject and pursuant to the Inducement Resolution; and WHEREAS, the City wishes to enter into certain agreements with the Borrower with respect to the issuance of the Bonds and the acquisition and construction of the Project, 32-~6/N AP08020/A - M EMO-OF-AGREEM ENT 1 NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. The City agrees: (a) That, if the Borrower meets all prerequisites for the issuance of the Bonds established by the City, it will make all reasonable efforts to authorize the issuance and sale of the Bonds pursuant to the terms of the Constitution of the State of Florida, the Act, the Inducement Resolution and this Memorandum of Agreement. (b) That it will (but only to the extent of the net proceeds received from the sale of the Bonds) make a loan to the Borrower to finance the acquisition and construction of the Project, with installment payments due under a loan agreement between the City and the Borrower to be at least sufficient to pay the principal of, interest on and redemption premiums, if any, with respect to the Bonds as and when the same shall become due and payable, together with all other costs and expenses connected with such financing and the operation and maintenance of the Project. (c) That, in the event the City acquires an interest in the Project, it will convey or release any such interest it retains in the Project to the Borrower upon payment by the Borrower of the amount required to retire the outstanding Bonds, and all other costs connected with such financing. 2. The Borrower agrees: (a) That the Borrower will enter into a loan agreement with the City, under the terms of which the Borrower will be obligated to pay to the City sums sufficient to pay the principal of, interest on and redemption premiums, if any, with respect to the Bonds when the same shall become due and payable, together with all other costs and expenses of the City connected with such financing and the Project; to operate, maintain and repair the Project at its own expense; and to report annually to the City, the annual bond indebtedness outstan.ding and any other information necessary to comply with Section 218.32, Florida Statutes. (b) That all risk of loss related to the Project will be borne by the Borrower. 3. All commitments of the City under Paragraph I hereof and of the Borrower under Paragraph 2 (a) hereof are subject to the mutual agreement of the City and the Borrower as to the terms and conditions of the above-referenced loan agreement and of the Bonds and the other instruments and proceedings relating to the Bonds, and to the sale of the Bonds pursuant to such terms and conditions. It is the intent of the parties hereto that the Bonds shall be prepared in such form and shall be issued and sold and the proceeds thereof used, all as may be mutually agreed upon by the parties in accordance with the requirements and provisions of the Constitution of the State of Florida and the Act. 32~,6tNAPOSO20tA-MEMO-OF. AGREEMENT 2 4. The Borrower and the City further agree as follows: (a) For purposes of Chapter 159, Part II, Florida Statutes, only, the Borrower, subject to the conditions set forth herein, may proceed to acquire and construct the Project, to prepare or cause the preparation of plans, specifications and other contract documents, to award construction and other contracts upon a competitive or negotiated basis, to inspect and supervise the construction of the Project, to employ engineers, architects, builders and other contractors, and to perform such other functions and services as may, in the opinion of the Borrower, be desirable in connection with the acquisition, construction, improvement and equipping of the Project, subject to compliance with applicable land development requirements of the City. The Borrower may advance such funds as may be necessary to accomplish such purposes and shall be entitled to reimbursement for such expenses from, and only to the extent of, the net proceeds received from the sale of the Bonds in accordance with subparagraph (b) below. (b) To the extent of the net proceeds derived from the sale of the Bonds, and only from such proceeds, and in accordance with the provisions of the Act and the Internal Revenue Code of 1986, as amended (the "Code"), the Borrower will be entitled to reimbursement for all costs and expenses, direct or indirect, incurred by the Borrower after the date hereof in the acquisition and construction of the Project. Costs and expenses for which the Borrower may be reimbursed from the proceeds of the Bonds include, but are not limited to, costs and expenses related to the preparation of plans and specifications for the Project, the acquisition and construction of the Project and all components thereof, architectural, engineering and supervisory services used with respect to the Project, acceptance fees of any trusts established in connection with the issuance and sale of the Bonds, legal, accounting and financial advisory fees and expenses, underwriting fees, filing fees and printing costs incurred in connection with the authorization, sale and issuance of the Bonds, the execution and filing of a trust agreement, if any, to be hereafter executed by the City and a trustee to be named therein, and such other agreements as may be required by the initial purchaser or purchasers of the Bonds, fees, costs and expenses disbursed or incurred in connection with or related to this Memorandum of Agreement and the Bonds, the acquisition and construction of the Project, labor, services and materials used or furnished in site improvement for the site of the Project, and the equipping of the Project, and all other fees and expenses disbursed or incurred by the Borrower in connection with the Project or the Bonds and properly allowable under the Act and the Code. (c) If the net proceeds derived from the sale of the Bonds shall be less than the cost of the Project, the Borrower agrees to complete the Project at the Borrower's expense. The Borrower shall be entitled to reimbursement for such cost overruns only to the extent of the net proceeds received from the sale of such additional bonds as the City, in its sole discretion, may authorize, sell and deliver. The City does not make any warranty, either expressed or implied, that the funds derived from the sale of the Bonds will be sufficient to pay all of the costs incurred in connection with the acquisition and construction of the Project or that any additional bonds will be issued or may be sold. The Borrower recognizes that the Borrower shall not be entitled to reimbursement for costs incurred by it in completing the Pro.~ect, except to the extent of money otherwise available from the sale of the Bonds and any additional bonds, and agrees that the Borrower shall not be entitled to any abatement or diminution of the loan installments 3246/N A pOSO201A - MEMO-OF-AGP-.EEM EHT 3 payable under the loan agreement to be entered into by and between the Borrower and the City upon the delivery of the Bonds because of such unreimbursed costs. 5. The Borrower agrees to indemnify, defend and hold harmless the City, the members and officers of the Council and its agents against any and all liability, loss, costs, cost overruns, expenses, charges, claims, damages and attorney's fees of whatever kind or nature, which the City, the members and officers of the Council, or its agents may incur or sustain by reason or in consequence of the relationship existing between the City and the Borrower with respect to the execution and delivery of this Memorandum of Agreement, the issuance and sale of the Bonds or the acquisition and construction of the Project, including, but not limited to, the reasonable fees of the City and its staff incurred in connection with the evaluation of the Project. The Borrower hereby releases and agrees to hold harmless the City, the members and officers of the Council, and the agents, attorneys and employees of the City from any liability, loss, cost, expenses, charges, claims, damages and attorneys' fees of whateve? kind or nature which may result from the failure of the City to issue the Bonds, for whatever reason. 6. The Borrower agrees that, whether or not the Bonds shall be issued, it will pay, or cause to be paid, all costs and expenses incurred by it, any fees and expenses of the Borrower's counsel, the fees (including application and administration fees, if any) and expenses of the City, the fees and expenses of the City's financial advisor and the fees and expenses of bond counsel (collectively, the "Financing Costs"). 7. If for any reason the City shall fail to deliver the Bonds and receive the proceeds thereof within one year after completion of the Project, if the City sooner abandons its efforts to issue the Bonds in accordance with the Inducement Resolution and this Memorandum of Agreement, if the sale of the Bonds has not occurred on or before 12 months from the date hereof (or such later date as shall be mutually agreed upon by the City and the Borrower), or if the Borrower shall terminate this Memorandum of Agreement by written notice to the City.. this Memorandum of Agreement shall terminate. Nothing contained her~in, how~'e'r, ~ release the Borrower from its obligations to indenu'fify the City, the membe~ of fl~ Coan:il. and its agents in accordance with the terms of this Memorandum of A~. or release tt~ Borrower from its obligations under paragraphs 5 and 6 hereof. 8. This Memorandum of Agreement may be supplement~ and atto-haled from t~ to time by written agreement signed by both parties, and shall be superseded by tt~ loan a~ to be entered into by and between the City and the Borrower, upon the eraxan:ion thereof, to tl~ extent the terms thereof conflict with the terms contained herein. 9. This Memorandum of Agreement, and the rights, duties and obligations of ~ Borrower hereunder, may be assigned by the Borrower subject to approval of the assignee by the City. 10. The Borrower recognizes and agrees to the terms of the Inducement Resolution adopted by the Council of even date herewith. 32~6/N A PO~020/A. M EMO-OF-AG REEM ENT 4 IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year f'u-st above written. CITY OF NAPLES, FLORIDA ATTEST: By. Mayor Clerk Approved as to form and correctness: City Attorney THE NAPLES PLAYERS, INC. By: President ATTEST: Secretary 32~a'N A111~)~720~ A -M EMO-OF-AGIU~I~M~qT 5 StaiTReport to Naples City Council Subject: Bond Issue - Naples Players From: Bill Harrison, Asst. City Manager Prepared by: Bill Harrison, Asst. City Manager Date: Septemb.er ~1,~N1997 Recommend approval ~,.~ _'~///,/ i ' : i-:.r The I'/l~tirlg Ofi~_ ,. ACTION REQUESTED: Approval of a bond issue in the amount of not to exceed $3 million for the Naples Players as part of their construction finan~g. LEGAL AUTHORITY: Chapter 159, Part TI. Florida Statutes BACKGROUND: Florida Statutes provide for the issuance of revenue bonds by a municipality on a tax-exempt basis for the purpose of capital construction by a qualified tax-exempt organization. There is no financial responsibility on the pan of the City for repayment of these bonds. The City of Naples has issued similar bonds on a number of occasions for Naples Community Hospital to allow them access to the tax-exempt markets. ANALYSIS AND RECOMMENDATION: The development agreement between the City and the Naples Players requires that the Naples Players have full financing in place for the construction of their new theater prior to the City issuing a building permit for the project. According to bond counsel, City Council approval of this bond ordinance meets the requirements of the development agreement. We recommend that City Council approve the issuance of' up to $3 million in tax-exempt revenue bonds for the benefit of.the Naples Players. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that on October I, 1997, a public hearing will be held by the City Council of the City of Naples, Florida, in the Council Chambers. 735 Eighth Street South. Naples, Florida, commencing at 9:00 a.m., Eastern time with respect to the proposed plan of financing which contemplates the issuance by the City of Naples, Florida (the "Issuer"), of not exceeding $3,000,000 in aggregate principal amount of redevelopment revenue bonds (the "Bonds") to enable the Naples Players, Inc., a Florida not-for-profit corporation, to finance the acquisition and construction of a community theater (the "Project"), on property owned by the City generally located on right-of-way on 7th Street South. lying between 4th Avenue South and 5th Avenue South, said site generaIly being 80 feet in width and 200 feet in length, in the redevelopment area of the City, to be owned and operated by the Naples Players. Inc. The Bonds shall not be a debt. liability or obligation of the Issuer or of the State of FIorida or of any politicaI subdivision thereof'. but shall be payable solely from payments derived from the operation of the Project and other available revenues of The Naples Players. Inc. Persons wishing to express their views regarding the proposed plan of financing and the issuance of the Bonds may appear at the hearing or may submit their views in writing. Written comments should be submitted to the Issuer at 735 Eiehth Street South, Naples, Flori3a. 3.$942, Attention: City Cle~'k. and should be mailed in sufficient time to be received on or before October I, 1997, the date of the hearing. Should any person decide to appeal an.,,' decision made by the Council at this hearing, he or she will need a record of the proceedings and he or she may need to assure that a verbatim record of the proceedings be made, which record includes the testimony and evidence upon which the appeal is to be heard. Immediately after the hearing, the Council will approve or disapprove the issuance of the Bonds. CITY COUNCIL OF THE CITY OF NAPLES. FLORIDA THIS NOTICE IS DATED THIS 15~day of C~'ob~-. 1997. SUBMITTED BY: Tara A. Norman. City Clerk 0119 mcauum NOT~CE NOTICE l$ H~R~By ~ EO~ co~l~s ~ff Itsu- once by ~e CI~ of ~"), ~ ve~me~ revtnue FlorlOo fl~*for-o~oflf C~J~, Argue ~ by ~ of ~e DOlIHCOl ~f, b~ nu~ ~ T~e N~S P~. ers, P~fls ~s~t~ ~ ex- ~ me ~oseo ma.n of fl~flcJ~ o~ o~e of ~e writing. Wrl~en COrn* ~lghth Stree/ South, I~7L~ ~ M ~e ~- olde to ~DDIQI evidence ~ Iflg, the Council will ~o~e ~ ~JS~rOvt ITY COU~I~ THIS ?~H o~ SUB~4~ED BY: ' ~. 17 ORDINANCE NO. 97- AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 1-15, GENERAL PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF NAPLES FOR THE PURPOSE OF INCREASING THE GENERAL PENALTY FOR VIOLATION OF THE CODE OF ORDINANCES AND AMENDING THE TERM OF IMPRISONMENT; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council to increase the general penalty for violation of the Code of Ordinances from $300 to $500, and to amend the term of imprisonment from a term not exceeding 90 days to 60 days in accordance with Florida Statute 162.22; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Subsection (a) of Section 1-15 of the Code of Ordinances is hereby amended to read as follows: Sec. 1-15. General penalty; continuing violations; adjudging fines and imprisonments. (a) It shall be unlawful for any person to violate or fail to comply with any section of this Code. Where no specific penalty is provided, the penalty for violation of this Code shall be a fine not exceeding~99.~^~ $500.00 or imprisonment for a term not exceeding ~ 60 days or both such fine and imprisonment. Each day any violation of this Code shall continue shall constitute a separate offense. For violation of this Code or any misdemeanor law of the state adopted by the city, if it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a violation of this Code and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by this section and after a finding by the court that supervision in the community is necessary to provide adequate protection to the community or to assist in the rehabilitation of the offender or both, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt and in either case stay and withhold the imposition of sentence upon such ORDINANCE NO. PAGE TWO defendant and shall place him upon probation. Sec=ion 2. If any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 3. That all sections or parts of sections of the Code of Municipal Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. This ordinance shall take effect immediately upon adoption at second reading. PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS DAY OF , 1997. Bill Barnett, Mayor Attest: Tara A. Norman, City Clerk Approved as to form and legality: Kenneth B. Cuyler,/ City Attorney h: \penal=y.ord GUL~ Memo Agenda Ilem~ .,/,~z_4 I IF'or The Ue~llng Of ~1 i Cify of Naples. ~icJ'a TO: MAYOR BILL BARNETT AND MEMBERS OF CITY COUNCIL FROM: KENNETa B. CUYLER, CITY ATTORNEY ~' RE: ORDINANCE AMENDINGTHE GENERAL PENALTY FOR VIOLATION OF THE CODE OF ORDINANCES DATE: OCTOBER 9, 1997 '''''''----------------------.--....--..--------__..._.__..___.________.__________________ As the Council will recall, there'was a presentation and recommendations regarding various City code enforcement provisions relating to the amount of fines, methods of enforcement, and matters relating to collection of fines. At that time, Kevin Rambosk indicated that there would be a series of ordinances that would be presented to the City Council for consideration .n order to address the outstanding issues and streamline the City's rdinance enforcement procedures. The attached ordinance, to be considered at first reading during your meeting of October 15, 1997, will amend the general penalty provision for violations of the Code of Ordinances to provide for a fine not exceeding $500 (changed from $300) or imprisonment for a term not exceeding sixty days (changed from ninety days). This penalty provision is consistent with the general penalty provisions for most cities and counties in the state and is the first step in the ordinance revisions that will be considered by the City Council. KBC/rn Attachment as stated. 1 :\.. \corr\pena!rev~¢¢. For The ,,','l~li~g 0[ Staff'Report to Naples City Council Subject: Approval of Budget Amendm~ From: Bill Harrison, Asst. City Prepared by: Bill Harrison, Asst. City Manag, October 22.,.1997 Date: approval ~ Recommend ACTION REQUESTED: Approval of budget amendment. BACKGRO~: Each year, the City Council adopts a budget for the year through an appropriations ordinance. During the course of the year, new projects are approved and unexpected events come up which require that the budget be amended. These amendments are handled informally during the year and then assembled into a re-appropriations ordinance at the end of the fiscal year to officially amend the budget. ANALYSIS: Each year, the City adopts a budget which contains a number of capital projects. A number of those projects are not completed by September 30'~ and funds remaining in those project budgets need to be carried forward into the new fiscal year to finance the completion of the work. Projects approved in fiscal year 1997, but not completed as of 9/30/97 are attached. RECOlVtMENDATION: We recommend approval of this budget amendment, providing for funds from fiscal year 1997 to be carried forward to fiscal year 1995 to finance the completion of a number of capital projects. Attachment Z:H 02297CapitalAme~d. dee 10/1/97 BUDGET ,.,PROJECT BALANCE ACCOUNT # PROJECT DESCRIPTION: 9/30/97 NUMBER UTILITY TAX CAPITAL Planning 98C10 Office Expansion Planning 3,600 340-0504-515-60-40 97C11 Autocad Workstation 7.000 340-0504515-60-80 ~t./~3'~.,.~ ~.t~,l~ t~'i.~.,~l~llrr,~...,~:~.:,:.. .~.~.~.~.:,x~...,.:,,;.:,.....~.~.:.+~.,??.:..<~:.:.~. ~ ~.,:. ,~.~,~<~<:;~.,,.~.. Parks & Parkways: 95F37 Gordon River Greenway Bicycle Path 41,193 96F02 Anthony Park 29,322 96F57 Seagate Park Improvements 10,498 97F01 Parkshore Irrigation/Median Phase II 26,564 97F09 41 Linear Park Renovations 58,283 97F22 Gulf Shore Boulevard North Median Improveme 15,038 97F34 Royal Harbor Cul-de-Sac Improvements 4,000 98F48 GS Blvd. Med/Dr's Pass to Horizon 32,006 97F63 Lighting Projects 26.100 340-0913-572-60-30 340-0913-572-60-30 340-0913-572-60-30 340-0913-572-60-30 340-0913-572-60-30 340-0913-572-60-30 340.0913-572-60-30 340-0913-572-60-30 340-091 3-572-60-40 Recreation: 96G04 Gym. Enhancements-Gulfview 15,886 98G05 Park Facility Upgrades 8,319 98G05 Playground Improvements 54,000 96G22 Fencing Projects 9,381 96G30 River Park Community Center 6,017 98G11 Cambier Park Redevelopment 1.075.465 340-0914-572-60-30 340-0914-572-60-30 340-0914-572-60-40 340-0914-572-60-30 340-0914-572-60-30 340-0914-572-60-30 Police & Emergency Services: 96 E12 Replace Rescue Vehicle 22,500 96H13 Upgrade Special Operations Building 2,000 97 E16 Station #2 Renovations 53,280 98H02 Replacement Madne Unit Motors 16,772 97H11 Building Addition 182,330 98E 03 Fire Engine (200,000) 97H36 New Communications Software 160.000 340-0801-522-60-70 340-0801-522-60-20 340-0810-522-60-20 340-1120-521-60-40 340-1121-521-60-20 340-0810-522-60-70 340-1120-521-60-81 Engineedng: 95Y08 Computer Equipment 21,910 340..0{101-541-60-40 98107 Traffic Calming/Beautification 31.934 340-0601-541-60-30 .... . ,...,...~,....,,..,..,..,... ............ ., ,...., ........ ............. ..,-........ ............ ,...,.., ...,,_...,_.........,.. ,~ .......... .:, .................. ..... ,, ........ !::: :it,' . :.t. .,,:':~. !:; ~ '. . ;: .,.. Natural Resources: ! 95~...0.7~. Gordon Pass Inlet Management ~ 55,9!9 340-0603-537-60-30 Non-Deparl~en~l: 1,088,097 340-1480-519-60-30 97110 Gateway Project · ' ' ities ]00 000 340-1480-51~-60-30 98112 Mumclpal Facll ,, .~ ...... ~ ............ ; ~.,~ :~:i~i~i..~ :~&:~.~:~:~;~,~'!:i :i,': ~..~::' ,~,., ~ ,.,~ .:,.~. ~.-,~::~:~,~:~::.:~.~.~:,~ ~:~:~: :~:~.~ ~;..:~.~.~:~::~:.~,~:.~:~. ~::?;~ ~::~::~::~.~,...'~,-:~-. '...-'::.;:.~:~':~.;:~/~:.::~:~:.~:~.~.~,~/'~:::~y~..;.~F~ :: ..... · ..,~ y< .~ ~z~-~..~..-.~.-<. ,.~....,.,-...~ .,-~..~ ~.~ <.A~:-~:...~,~<,~.~..~..-...~+ ..~., ~- ~,..,...~ ~;~ · ~<.~ .~A.<- ~,~.~-~,,' -.~,.~ .. ~- ,: ~ ,,:;~;~-~.":::~ ~zS~,~;~j~.;/;.'?;~::.L:;:-?::~. ?~;;:~.;:~',~;:~. :.;.,': :: 1,..,:,~::.. ~.,,-.-..v.,..~, ..... , . lnfo~aSon Se~i~s: ~T01 ~mp~e~a~on - Pha~ Iii 23,8~ ~0-1480-51~0 148,699 ~0-1480-519~0~0 98T14 Ne~ Enhan~nts 9~02 Wo~ Order~acili~ Management 46,250 ~0-1480-519~0~1 28,~8 ~0-148~519~0~0 9~ GIS ~m, Ha~am (14950) ~1480-519~0 Equip~nt Se~i~s: 113.405 ~0-1326-590~70 ~TOT~ ~ ................ ....... ~ ....... ~......,:.~,~ ............ :,~.....~., ........ · ..........'' "-S" "'''~-~'" ...~....,~,~-...~ ~...,. ~,- . ~ .,. ............... ~.:, ............ ..:. >. :~:..~:..: ~:~<~::?~4~:~::~::~>~:~`~::~:~.::~:~F~4~:~::~F~j¢~1~:A. ~,~:~;:~:~ · - ~.~ .~ ,~A~ ~ ~ ERTl' t:':~ I !~t -~,~'~.~j.~{~Jr~~?~,~: .:~:~:: :~/~,',~N~v~ ~:<:~.~ ~-:~ :~:.:.:..,-~-:.'<'."~; ~:~:J ;.' ? i' '" ......... 1011/97 BUDGET aliiROJEcT . BALANCE ACCOUNT SOLID WASTE FUNn 97P03 Operations Center Warehouse Renovation 143.663 450-1270-534-60.20 98P18 Hort. Transfer Site Reclaim (21 450.1270-534-60-30 10/1/97 BUDGET {~l~ROJECT BALANCE ACCOUNT # PROJECT DESCRIPTION: , 9/30/97 NUMBER l; l~ ~ l~ II Z .~=:~Z_l__ l, m,,i,,,11 L -,l'=.W,~'~__l. I [ ............. I I .... WATER & SEWER FUND Utilities Administration: 96J03 GIS 150,389 420-2035-533.60-40 98J01 Rehab Operations Center 681.416 420-2035-533-60-20 Water Production: !~K17 Accelator Flow Control Valve System 22,740 96K18 Water Filter Console Rehab. 79,703 96K35 High Service Pump V.F.D. 293,950 98K12 Well Renovations 22,576 98K15 Well Head Protection 117,834 97K32 Port Royal Tank Site Improvement 1,367,083 98K33 Coastal Ridge Well Upgrade Power Feeder 4,800 98K38 High Service Pump Control Valve 5,189 98K40 Washwater Reclaim Tank Upgrade 90,000 97K41 Chlorine Residual Monitoring 14,000 97K42 Solana Road Generator Upgrade 62,000 97K43 Chlorine Feed System Upgrade 48,510 97K45 Booster Station Metering 22,378 420-2033-533.60-40 420-2033-533.60-40 420-2033-533.60-40 420-2033-533.60-30 420-2033-533-60-10 420-2033-533.60-20 420-2033-533-60-40 420-2033-533.60-40 420-2033-533.60-30 420-2033-533-60-40 420-2033-533.60-40 420-2033-533.60-40 420-2033-533.60-40 O97K46 Accelator Protective Coating 415.587 420-2033-533.60-30 Water Distribution: 98L02 Water Transmission Mains 6,920 420-20~-533~0-38 98L03 FDOT Joint Project Agreement 120,682 420-20~-53~0-38 97L15 Coun~ Interconnect 35.000 420-20~-533~0-36 }}l ; :~:~ · l: ; ~;llll,,.:...,., ...... f:: ............ ...... ; ...... I 1.9.~/f~;{~lff~.E~: :;;;:L:I '}::X~;~'??~(~''~]{~}~ ';:~'~'~;'Z}?}}:l? l:::~:l ~?:~[:~?~]~:~:~.:}~}~.J}~:]~}:[~j:~j~:~.~F~,Zj%~Z}:L' Wastewater Collation: 97N 19 Big Cypress Sewer Dist~ ~77.317 420-3043-535~0-38 ............. ~:~ ~ ~ ~:~: ...... ~ [: ;f~J :~:::::~:::;. :::::::::::::::::::::::: .............. ::::::::::::::::::::::: s: ............... }~ ~}:}~J ~:~ : Ualities Maintenan~: 98X03 Lift S~tion Convemion 39.280 420~070-536~0~0 97X~ Pump S~tion (:03) Replacement 15,918 420~070-536~0~0 98X09 Well Flow Metem Telemet~ Upg~de ~ 420~070-536~0~0 :~ '4' ;~J:~ ~ ,:e.>~:?:.:~;~ >~.~:~:~::-: ::::::::::::::::::::::::::::::::::::::::::: ::;:;::.~:; ~:; :.:+: :::.::; :.; :::;.,; ;:~.:~:::~::~:. :::';:.l:: : :* ' ;::~ ::: -b;::;~}::l.6:,l:: :;: ';'::'. :. :;:" :: ::{: 9 '.: :::?~ ?:~?[:?[:~'?? ,::::~::'~}~:{: ~:: }}::'~*~' '.~>: :';": ~:::S~: * ? ~ ~ *~ >* : ~ ' ' ~:l+'.:~J:~:~::~:~>~s;s::~:];>::~::~:[:: .............. ~:~:;'.:'?~;:t;~::::::::::]:::;:;:.+;:;;:s~:~:~l:: ............ ~ ........................ ~ ............. .ill. ............. ~ .................... ~ :..'.:?l? ': ..I ....... ~ ............. ? .... ~ ..... I ' II '" '"" ...... "'"' " .... '" ""? ' ...... "'.' ' "" "'-'- '" ':' ~ ':.-.H-?::-::';(':::~:?: ================================= :~' ~::~: :::::::::::::::::::::::::[ ' I 10/1/97 BUDGET PROJECT. BALANCE ACCOUNT 95U10 Experimental Traffic Calming Devices 17,515 96U03 Intersection Upgrade 41 & GG Pkwy 36,000 97U07 Traffic Signal Replacement 111,754 97U12 City Wide Boulevard Program 96,107 98U21 390-6570-541-60-30 390-6570-541-60-40 390-6570-541-60-40 390-6570-541-60-30 6th Avenue Roadway Improvement 189,022 390-6570-541-60-30 97~.31 ~. Roadwa~ & A~ley Improvements 120_000 390-6570-541-60-30 · T , ............................. ;?~;:~:~::~:~::~;~:/:.~:~:~;~:~!~?!~~j~5-J~3~8~?~.~ ~' ~'!~:~ ~'~D:::~,~.~,',.~:~!' 10/1/97 BUDGET ~RO~JECT BALANCE ACCOUNT PROJECT DESCRIPTION: 9/30/97 NUMBER STORMWATER FUND 96V01 NPDES SW Monitoring Program I 9,815 470-6070-539-60-30 96V02 NPDES SW Monitoring Program II 9,284 470-6070-539-60-30 97V03 Lake Dredging 6th Ave. N./10th Street 16,500 470-6070-539-60-30 98V04 Gordon River Extension Stud~, 50.000 470-6070-539-60-30 ...... ...... ~~"?.~' '~.i:! 1 10/1/97 BUDGET PROJECT BALANCE ACCOUNT # PROJECT DESCRIPTION: 9/30197 NUMBER NAPLES BEACH FUND 96R03 Lowdermilk Park Gazebos 41,000 430-1070-545-60-20 97R09 Lighting Projects 33,600 430-1070-545-60-40 98R02 Beach End Access Improvements 799 430-1070-545-60-30 · 1011/97 BUDGET PROJECT BALANCE ACCOUNT # PROJECT DESCRIPTION: 9130/97 NUMBER 97Q07 Automated Fuel System 17.900 460-0915-572-60-40 10/1/97 PROJECT # PROJECT DESCRIPTION: BUDGET BALANCE ACCOUNT 9/30/97 NUMBER COMMUNITY DEVELOPMENT BLOCK GRANT & REDEVELOPMENT AGENCY 97C03 Parking Garage Z.2,3.Z 380-0506-552-60-20 10/1/97 BUDGET PROJECT BALANCE ACCOUNT ,~ # PROJECT DESCRIPTION: ~ _ ,,._-_ 9130197 NUMBER 97B05 97C07 97G34 Electronic Document Imaging 13,944 001-0602-524-60--40 PR Underground Lines 70,180 001-1480-519-60-30 Parks Master Plan 40.000 001-1480-519-60-30 Non-Departmental Printing & Binding 17,830 001-1480-519-47-00 Staff Report to Naples City Council Subject: Resolution authorizing City Manager to execute a proposal to perform engineering services. From: Dr. Richard L. Woodruff, City Manager_ Prepared by: Dan Merce~tilities Director .~. Recommend approval ~ -- REOUEST: Authorization to execute proposal to perform professional engineering services for the City of Naples design improvements to the Port Royal water storage facility. BACKGROUND: In 1995, Hartman and Associates, Inc. were hired to perform a comprehensive water master plan. A portion of that plan included investigating complaints from the Port Royal residents regarding low water pressure in the early morning hours. Based on the investigation, it was decided that several improvements needed to be made to the Port Royal water storage facility. On May 21, 1997, City Council approved the ranking for consultants through the Request for Qualifications (RFQ) selection process to design the Port Royal water system improvements. Hole, Montes & Associates (HMA) were selected to provide design services for this project. Staff has reviewed the HMA scope of service and completed negotiations for this contract. ANALYSIS: There are six phases to the proposal. services are itemized below. The projects and the professional fees proposed for the above Preliminary Design - Port Royal Pump Station $7,500 Lump Sum Preliminary Design.- Broad Avenue Booster Pumping Station $5,000 Lump Sum Design $42,500 Lump Sum Final Design $35,000 Lump Sum Construction Bid Services $7,500 Lump Sum Additional Services $20,000 approx. HMA proposes that the contract be governed by the same terms and conditions contained in the current general consulting agreement with the City of Naples. ..FISCAL IMPACT: The construction portion of this project is not expected to exceed $1,250,000. This project will be funded from CIP #97K32. The current balance in this account is $1,288,548.00. _RECOMMENDATION: It is recommended that City Council approve the attached resolution authorizing the City Manager to execute the attached proposal authorizing HMA to perform professional engineering services for the City of Naples for design improvements to the Port Royal area water system. RESOLUTION NO. 97- A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL ~TTED BY HOLE, MONTES & ASSOCIATES, INC., TO PERFORM PROFESSIONAL ENGINEERING SERVICES FOR DESIGN IMPROVEmeNTS TO THE PORT ROYAL WATER STORAGE FACILITY; AND PP4DVIDING AN EFFECTIVE DATE. WHEREAS, W}~REAS, in 1994, the City contracted with Hartman and Associates to perform a comprehensive water master plan; and this water master plan included an evaluation of low water pressure problems in Port Royal; and this evaluation determined that it is in the best interests of the City to implement certain design improvements to the Port Royal area water system; and City Council approved the ranking for consultants through the Request for Qualifications selection process, Hole, Montes & Associates, Inc. being selected to provide design services for the Port Royal water storage facility; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the City Manager is authorized to accept a proposal submitted by Hole, Montes & Associates, Inc., a copy of which is attached hereto and made a part hereof, to perform professional engineering services for the City of Naples design improvements to the Port Royal water storage facility. Section 2. That this proposal shall be governed by the same terms and conditions contained in the current general consulting agreement between Hole, Montes & Associates, Inc., and the City of Naples pursuant to Resolution 93-6971. Section 3. This resolution shall take effect adoption, immediately upon PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY Resolution 97- OF NAPLES, FLORIDA, THIS DAY OF , 1997. Page 2 Attest: Tara A. Norman City Clerk Approved as to accuracy: ~'_......c~ ~ /--~,~--~ uan z4ercer, U.~ilities Director Bill Barnett, Mayor Approved as to form and legality: Kenneth B. Cuyler ~ -- - City Attorney HOLE, MONTES & ASSOCIATES, INC. ENGINEERS Pt. ANNEPlS SUI:~VEYOR$ October 3, 1997 (Revised October 15, 1997) I~$~r~'ng ~ ~nh;r,c,;¥ I~,o#~a'J ClUal~y of l'~ ~,~ 1968 Mr. Robert Middleton City of Naples Utilities Division 275 13~' St No Naples FL 34102 Port Royal Water System Improvements HMA File No. 96.51 Dear Bob: I am pleased to submit this proposal for performing professional engineering sen, ices for the City of Naples for design of improvements lo the Port Royal area water system. The work to be included in this project consists of the following components: 1. Demolition of existing pump building at the Port Royal site. 2. Construction of new pump building at the Port Royal site (estimated 1,500 square feet). 3. MecnanicaI components including three 100 horsepower pumps with VFDs and associated piping/valves for the Port Royal site. 4. Electrical and Control system components including PLC control system, radio telemetry, and emergency generator (with automatic transfer switch). 5. Yard piping improvements to connect the new pump station to the two existing 0.5 MG storage tanks and Port Royal distribution system. Replace piping and valves from the storage tanks to the new pump station. 6. Site work including landscape architectural plan for the Port Royal tank and pump station site including storm water management design. 7. Approximately 1,750 feet of new 6" water main along Treasure Lane to reinforce the ability to pump water out into the Port Royal Distribution system. . · 8. Approximately 1,300 feet of new 12" water main from Gordon Drive to the two existing 0.5 MO storage tanks (along Anchor Way) including associated valve replacements and piping reconnections. 9. Rehabilitation of the North storage tank to repair leaks. 10. Construction of new pump structure near the intersection of Broad Avenue and 7o' Street South (estimated 600 square feet, approximately 5' above grade and 5' below grade). Mr. Robert Middleton City of Naples Utilities Division HMA File No. 96.$1 October 15, 1997 Page 2 11. Mechanical components including two 75 horsepower constant-speed pumps (sof~ start motors) and associated piping/valves for the new Broad Avenue pump station. 12. Electrical and Control system components including PLC control system and radio telemetry for the new Broad Avenue pump station. 13. Yard piping improvements to connect the new Broad Avenue pump station to the existing water distribution system including valve replacements and piping reconnections. 14. Site work including landscape architectural plan for the new Broad Avenue pump station site and storm water management design. 15. Demolition of the existing Gordon Drive booster pumping station. 16. This project does not include provisions/'or the addition of chlorine or other disinfectants at either pump station. 17. The initial preliminary budget for construction of this project is $1,250,000.00. Scope of Ser¥iees Task l: Preliminary Design. Port Royal Pump Station HMA will perform preliminary design of the new Port Royal pump station. The preliminary design submittal will consist of the following: 1. conceptual site plan for the Port Royal site, 2. preliminary selection of pumping equipment, 3. preliminary sizing and selection of emergency generator equipment, 4. preliminary floor plan layout of pump station building, 5. preliminary architectural elevations for pump station building, 6. preliminary instrumentation and control diagram, 7. description of telemetry requirements for remote monitoring and/or control of the Port Royal Pump Station, 8. schematic diagram showing the existing water system layout in vicinity of the Port Royal storage tank/pump station site to identify the proposed operational protocol for operation of the system under normal system pressure (pump station off-line during daytime periods), filling of the tanks simultaneous to operation of the Port Royal pump station, and operation of the system with the Port Royal pump station in operation. 9. Preliminary opinion of probable construction cost. '~XHMA_71 ~WP~I996~,%051h~EB'd'ROPOSALREVDOC Mr. Robert Middleton City of Naples Utilities Division HMA File No. 96.51 October 15, 1997 Page 3 The City of Naples and HMA will conduct a project kickoff meeting prior to initiation of the above work. Following completion of the above work, HMA will submit three copies of these design documents to the City of Naples for review and comment and will schedule a review meeting to go over the City's questions and/or comments. Task 2: Preliminary Design. Broad Avenue Booster Pumping Station HMA will perform preliminary design of the new Broad Avenue Booster Pumping Station. The preliminary design submittal gill consist of the following: 1. conceptual site plan for the pump station site at Broad Avenue and 7* Street South, 2. conceptual schematic drawings of pump station consisting of' a structure constructed approximately 5' below grade and 5' above grade, 3. pre!iminary selection of pumping equipment, 4. preliminary instrumentation and control diagram, 5. description of telemetry requirements for remote monitoring and/or control of the Broad Avenue Booster Pumping Station, 6. schematic diagram showing the existing water system layout in the vicinity of Broad Avenue and 7* Street South to identify the proposed operational protocol for operation of the system under normal system pressure (pump station off-line) and operation of the system with the Broad Avenue Booster Pumping Station in operation. 7. Preliminary opinion of probable construction cost. The City of Naples and HMA will conduct a project kickoff.meeting prior to initiation of the above work. Following completion of the above work, HMA will submit three copies of these design documents to the City of Naples for review and comment and will schedule a review meeting to go over the City's questions and/or comments. In the event that the City changes their mind with regard to the type of pump station structure or requests that studies be performed to investigate above grade pump station building, these services will be considered additional services with a budget determined prior to performance of this work. These services would be performed on a time and materials basis using the attached fee schedule. Task 3 - Design Following approval of the work performed under Tasks I and 2, HMA will prepare a set of preliminary engineering plans and specifications for the project. These plans and specifications will represent approximately 60 percent complete construction documents. ~HMA_715~,Wl~1996~06051XREB~ROPOSALREV.DOC CiD' of Naples Utilities Division HMA File No. 96.51 October 15, 1997 Page 4 The plans will include the new Port Royal Pump Station, the new Broad Avenue Booster Pumping Station, pipeline improvements between Gordon Drive and the Port Royal storage tanks, pipeline improvements along Treasure Lane in the vicinity of the Port Royal Pump Station, new and modified valves in the Port Royal area distribution system to allow simultaneous filling of' the tanks and operation of the Port Royal Pump Station, new and modified valves in the vicinity of the new Broad Avenue Booster Pumping Station, and instrumentation and control systems for the two new pumping stations. These plans will be prepared in conjunction with review and approvals of City zoning variances if deemed necessary. These preliminary plans will be used to determine requirements of the City site development plan approval process, including minimum landscape requirements and storm water management requirements, etc. The preliminary opinion of probable construction cost will be updated follov,'ing completion of these preliminary plans. Following completion of the above work, HMA will submit three copies of these design documents to the City of Naples for review and comment and will schedule a review meeting to go over the City's questions and.~or comments. Task 4. Final Design Following approval of the 60 percent construction documents and approval of anticipated construction budget (based on the preliminary opinion of probable construction cost prepared based on the 60 percent construction documents), the plans and specifications will be completed for use in competitive bidding of the project construction. Three copies of the Final Design documents will be submitted to the City for final review. Any review comments will be incorporated into the documents prior to authorization to bid the project. Task 5 - Construction Bid Services The following services will be provided during the bidding process. I. Provide interpretation and clarification of Contract Documents during bidding. 2. Distribute Contract Documents during bidding to prospective bidders and maintain a record of prospective bidders to whom bidding documents have been distributed. 3. Distribute Contract Documents to three southwest Florida area contractor- membership type plan services to allow review of the documents by potential bidders or subcontractors. XkH.M A_71 ~'~WP~ 1996'~96051 'Ot.E B~,PROPOS A Llt~V.DOI2 Mr. Robert Middleton City of Naples Utilities Division HMA File No. 96.51 October 15, 1997 Page 5 4. Assist in preparation of an advertisement for bids for the project. The City will be responsible for placing the advertisement and meeting minimum legal advertising requirements. 5. Prepare and issue addenda as appropriate to interpret and/or clarify the Contract Documents. 6. Organize and conduct the Pre-Bid meeting with prospective bidders. 7. Attend the bid opening, prepare bid tabulation sheets, assist the City in evaluation of bids, make recommendation of award, and assist with assembling documents from the low bidder necessary for award of the contract. Task 6 - ,~dditional Services HMA will perform or contract with appropriate specialty subconsultant for performance of the following additional services which are anticipated for this project. l. Prepare landscape plans for the modified Port Royal Pump Station site and for the new Broad Avenue Booster Pumping Station site, including irrigation plans. 2. Assist with preparation of zoning petition(s) for the two pump station sites in the event that variances are required for set backs or rezoning is necessary to accommodate the intended public utility use of these parcels of land. 3. Prepare an application for FDEP construction permit and assist the City in responding to any questions which may arise regarding the permit application. The City will pay ail permit application fees directly. 4. Prepare an application for surface water management permit from the SFWMD, if necessary. Assist the City in responding to any questions which may arise regarding the permit application and/or need for a permit for these two sites. The City will pay all permit application fees directly. 5. Perform land surveys of the two pump station sites as necessary to develop construc6on plans. Prepare legal descriptions and easements as necessary for pipeline improvements. Prepare legal descriptions which may be needed to assist the City's legal council in preparation of any property deeds, etc. that may be needed for submission to FDEP in the event that SRF funding is requested. 6. Obtain geotechnical site investigation and foundation recommendation report for both the Port Royal and Broad Avenue pump station sites. I~S-IMA_7 ! 51~l,'FS 1996~9605 ! 1R,EB~ROPOSALREV.DOC Mr. Robert Middleton City of Naples Utilities Division HMA File No. 96.51 October 15, 1997 Page 6 Presentations to City Council and Homeowners Association. Development of alternatives for construction of the Broad Avenue Booster Pumping Station. This would include any architectural studies of alternative building elevations, possible changes in type ofpumps to be used, etc. Fee Proposal The professional fees proposed for the above services are itemized below. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Preliminary Design - Port Royal PS Preliminary Design - Broad Ave. PS Design Final Design Bidding Additional Services Landscaping, irrigation Zoning Assistance FDEP permit SFWMD permit Surveying/easements/legal descriptions Geotecknical investigation/recommendations Meetings with Council and Homeowners Development of PS alternatives $7,500.00 Lump Sum $5,000.00 Lump Sum $42,500.00 Lump Sum $35,000.00 Lump Sum $7,500.00 Lump Sum Per Fee Schedule $3 ~000.00 Estimate $2.000.00 Estimate $2.000.00 Estimate $2 000.00 Estimate $4000.00 Estimate $$.000.00 Estimate $2,000.00 Estimate To be determined later We propo;e that this contract be governed by the same terms and conditions contained in our current general consulting agreement with the City of Naples, although our firm was selected to perform this work under a separate consultant selection process. ~HMA_? I .~\WP~ 1996~96051 'd~,,EB~ ROPOSALREV.DOC ,vir. ~.ouert M~claleton City of Naples Utilities Division HMA File No. 96.51 October 1 $, 1997 Page 7 If this proposal is acceptable to the City of Naples, please sign below following approval by the City Council. Thank you very much. Very truly yours, Ronald E. Benson, .Ir., Ph.D., P.E. Vice President, Director of Environmental Engineering cc: Dick Gatti Approved for the City of Naples Dr. Richard L. Woodruff City Manager Dated this day of .1997 X\HM^_? 15~WP, ! 996X960~ I ~'~.E B:£R OPOSALRLW.DOq Subject: Traffic Calming Measures - Quote 98Q09 - After-the-Fact Purc~ Order Approvals From: Dr. Richard L. Woodruff, City Manager Prepared by: Richard A. Oatti, Development Services Director~t,~ Date: October 16, 1997 Recommend approvaf~~ ]:~OUEST: Request is for afar-the-fact approval to issue purchase orders to the Iow bidders for the hstallation of traffic calming measures based upon previous approvals of the City Council. LEGAL AUTHORIZATION: Chapter 2, Article VI, Division 3 of the City Code of Ordinances. BACKGROUND: In the first quarter of 1997, City Council accepted four proposals for street calming purposes as follows: Old Trail- Installation of traffic tables Myrtle Terrace - Closure of street Bowline - Installation of traffic restrictors 7~ Avenue North - Installation of medians and roundabouts City Council conceptually approved each of these programs with the stipulation that actual funding and authorization was postponed until budget time. During the budget discussions, the cost estimates were confu-med and ultimately approved in the 1998 budget Subsequently, the Engineering Division prepared plans and specifications to do the work and received quotes on October 15, 1997 as follows: APAC-Florida. Inc; Bonn_ess. Inc; Better Roads, Inc. OLD TRAIL DRIVE MYRTLE 'I'ERRACE BOWLINE DRIVE 7TM AVENUE NORTH S14,645.00 $19,830.20 $16,834.40 $16,631.00 $17,416.40 $15,421.50 $48,051.75 $44,323.25 $35,573.75 $1)2,598.70 $161.052.85 $116,717.2Q TOTAL $14,645.00 $167,712.45 The two low bidders were instructed to proceed immediately in an attempt to complete these projects prior to the arrival of our winter residents. There is $290,000.00 budgeted for FY 97/98 traffic calming in CIP No. 98U12. After this expenditure, there will be $107,642.55 remaining for this fiscal year. Staff Report to Naples City Council October 16, 1997 Page 2 RECOMMENDATION: It is recommended that City Council approve an aRer-the-fact purchase order to APAC-Florida, Inc. in an amount not to exceed $14,645.00 for the construction of traffic tables on Old Trail Drive in accordance with the plans and specifications prepared by the Engineering Division. It is also recommended that City Council approve three alter-the-fact purchase orders to Better Roads, Inc. in amounts not to exceed $15,421.50, $35,573.75 and $116,717.20 (totaling $167,712.45) for construction of turn a rounds on Myrtle Terrace, restrictor medians on Bowline Drive and restrictor medians and roundabouts on 7* Avenue North respectively in accordance with the plans and specifications as prepared by the Engineering Division. Stm.ffReport to Naples City CouncU ~ Subject: Appointment ora Selection Committee From: Bill Harrison, As~. City Manager Prepared by: Bill Harrison, Asst. City Manager Date: October~ ~ Recommend approval ACTION REQUESTED: Appointment ora Selection Committee to ret~ an architect for design work on expanded Norris Center and Girl Scout House. BACKGROUND: The current lease for the Girl Scout House in Cambler Park will expire in 2004 and the Girl Scouts have expressed their desire to construct a new facility in the Park. At the October 13, 1997 Workshop, City Council directed that an architect be retained to work with results of the community needs survey currently being conducted by the Community Services Advisory Board. The project to be designed would be an expanded Norris Center to accommodate current and future needs and an adjacent Girl Scout House to meet the future needs of' that organization. Both facilities would offer additional space to other organizations when needed. If the Girl Scouts are not satisfied with the results of this d-,sign process, they will have the right to again request that City Council approve their plan to rebuild a Girl Scout House at their current location in the northwest comer ofthe park. ANALYSIS: The first necessary step in the process is for the City Council to name a Selection Committee in compliance with Florida State Statutes. That committee will receive proposals from interested architectural firms, interview and rank those firms, and make a recommendation to the City Council. The committee is recommended to consist of'one member orthe City CouncU, a member oftl~e Community Services Advisory Board, the Director of Community Services and the Assistant City Manager. Mr. George Dondanville has volunteered to represent the Community Services Advisory Board on this committee. Ex Officio to the committee, but encouraged to attend meetings and participate in the full design process, would be a member of the Norris family and a local Girl Scout official. RECO1VIMENDATION: That the City Council approve the attached resolution naming a Selection Committee to retain an architect for design of' the expansion to the Norris Center and the Girl Scout House. RESOLUTION NO. 97- Meeting of lll,,~l'~'~ A RESOLUTION APPOINTING A SELECTION COMMITTEE FOR THE PURPOSE HEREINAFTER SET FORTH, RELATING TO THE SELECTION OF AN ARCHITECTURAL FIRM TO PERFORM PROFESSIONAL DESIGN SERVICES RELATING TO THE EXPANSION OF THE NORRIS CENTER IN CAMBIER PARK AND THE CONSTRUCTION OF A NEW GIRL SCOUT HOUSE ADJACENT TO THE NORRIS CENTER; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, the City Manager has recommended that the hereinafter named persons be appointed to a Selection Committee relating to the selection of an architectural firm to perform professional design services relating to the expansion of the Norris Center in Cambier Park and the construction of a new Girl Scout House adjacent to the Norris Center, selecting the same in order of preference and bringing back its recommendation for the City Council to approve before beginning negotiations. NOW, THEREFORE, BE IT RESOLVED B~ THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the following individuals are hereby appointed to serve on a Selection Committee for the purpose of evaluating various architectural firms regarding their qualifications and abilities to provide professional design services relating to the expansion of the Norris Center and the new Girl Scout House in Cambier Park. The Selection Committee shall interview interested firms, rank firms in priority order, and bring back its recommendation to the City Council prior to beginning negotiations: , Council Member George Dondanville, Community Services Advisory Board Don Wirth, Director of Community Services Bill Harrison, Assistant City Manager EX OFFICIO TO THE SELECTION COMMITTEE: Member of the Norris Family Local Girl Scout Official Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY RESOLUTION NO. Page 2 OF NAPLES, FLORIDA, THIS DAY OF , 1997. Bill Barnett, Mayor Attest: Approved as to form and legality: Tara A. Norman City Clerk Kenneth B. Cuyler City Attorney Approved as ~o~racy: Assistant City Manager RESOLUTZON 97- AgencLm Ztem ~eting of 11~5/97 A RESOLUTION AFFIXING THE ~%LARY OF THE PROVIDING AN EFFECTIVE DATE. CITY CLERK; AND Tara A. Norman was appointed City Clerk on July 22, 1996; and on August 7, 1996, by Resolution 96-7772, the City Clerk's salary was affixed at $40,000 for the calendar year 1996; NOW, THEREFORE, BE IT RESOLVED BT THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the salary of the City Clerk is affixed at $42,500, retroactive to August 7, 1997. Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OFNAPLES, FLORIDA, THIS_..._.OFNOVEMBER, 1997. Bill Barnett, Mayor Attest: Tara A. Norman, City Clerk ~~racy: Bill Barnett, Mayor P:\~£~C~RK. DOC Approved as to form and legality: enneth B. Cuyler~tY A~torney ;'or The T,[~tin~ Of · Community Services Advisory Board Report to Naples City Council Subject: Consideration of' Special Events Policy-Cambler Park From: Community Services Advisory Board Prepared by: Donald J. W~ Community Services Director ~ Recommend approval ///', . ! It is requested that the City Council consider the attached Special Events Policy for Cambier Park. The City Council had directed the Community Services Advisory Board to prepare a proposed permanent Special Events Policy for Cambier Park. The Board requested that the Department staff convene an ad hoc committee ofpark users to advise staft'concerning the proposed policy, then return the policy to the Board for consideration. Then the proposed policy was to be considered by SAC and returned to the Advisory Board for Hnai approval prior to submittal to the City Council. Analysis.._ Staff coordinated two ad hoc commi~ee meetings. After considerable discussion, a consensus was developed by those who attended and voted on the proposed policy. The ad hoc committee consensus was consistent with the position of Department staff, except with the issue of parking. After the Community Services Advisory Board received the staffrepon, the Board adopted the proposed Special Event Policy for Cambier Park. That policy was introduced to SAC for its consideration. SAC requested a number of changes in format and substance. City Management and Department Staff support those suggested changes. Upon return ofthe revised proposed policy to the Community Services Advisory Board, the Advisory Board decided it was unable to support certain details in the policy until the conceptual Master Plan for the northern portion ofthe park is approved by the City Council. Then the Board will consider the policy and possible changes. Recom,mcpd~tion: It is recommended by City Management .nd SAC that the City Council approve the atlached proposed policy/'or Special Events in Cm.]bier Park. After the revised Master Plan is adored for the north end of Cambier Park, the Community Services Advisory Board intends to consider changes to the policy for the Council's further consideration. Attachment: Proposed Spedal Events Policy- Cambier Park CC: Dr. Richard L. Woodruff, City Manager Phil DePasquale, Community Services Advisory Board Chairman Csabcitycouncilevents. doc Proposed Policy Cambier Park Special Events ~i~?OLICY: It is intended that the policy be flexible. Certain combinations ofevents will not cause a negative impact on the park. Other combinations will cause a negative impact. It is necessary that the Community Services Department staff' have a flexible policy and authorization to interpret that policy. City of'Naples Community Services Department sponsored events will have priority in scheduling. ART EVENTS: CNaples Art Associations, Naples Artcrafters and similar organizations) These events can be large or small. They can require considerable space, take only a few hours or two days. They generally require repetitive traffic in concentrated areas. These events should be divided into two categories: a) b) 1. LARGE ART EVENTS. These events are those that: a) have over 2,000 in attendance b) have between 25 and 100 tents or booths in Cambier Park, with an additional 100 booths permitted in 8o' Street South, 80, Ave. South or Park Street following City Council authorization for such use. c) last no more than one day (exception National Art Show) · StandardforGrantingpermit: OllD' otle large art event wii[ be permitted each month. SMALL ART EVENTS. These events are those that: have no more than 2,000 in attendance have no more than 25 tents or booths last no more than one day · Standard for Grcmting Permit: Small art events will not be restricted on weelrda2,.s (Monday-Fridm..) when scheduling and space is m'ailable. Only one small art event mm.' be permitted per weeltend. ~ONCERTS: ('Naples Concert Band, Royal Brass Orchestra and similar organizations.) These events are generally large, but do not result in concentrated and reoccurring traffic that causes resource damage. Seating is generally distributed over a large area. Time of concert is 2-3 hours. 1. LARGE CONCERTS. These events are those that: a) have between 3,000 and 5,000 in attendance b) have no more than two each weekend c) have concerts on Saturdays after 6:00 p.m. and on Sundays d) attendance will be regulated at City-sponsored concerts by pre-sa/es; other event sponsors will be requested to consider all reasonable policies to control attendance 2. SMALL CONCERTS. These events are those that: a) have less than 3,000 in attendance per concert b) have no more than one concert on weekdays, during a given week c) have concerts on Saturdays after 6:00 p.m. and on Sundays d) attendance will be regulated at City-sponsored concerts by pre-sales; other event sponsors will be requested to consider all reasonable policies to control attendance unless the schedule otherwise prohibits, staffmay schedule additional concerts where anticipated attendance is under 500 Proposed Policy (cont'd) Cambier Park Special Events Pg. 2 Concerts: (cont'd) Standardfor Granting permit: No more than two large concerts will be permitted each weekend, accordi.g to stated limitations. No more than one small concert will be permitted during weekd_a,)'s (Monday-Friday) itt wO' given week. FESTIVALS/PARADES: 0Vtartin Luther King Celebration, Teddy Bear Fair, County Cultural Parade, 4u~ of July & similar organizations) Festivals and parades vary in size, time, required support services and impact on the park. · Standardfor~rantingPermit:_ Festivals attd parades will be restricted to one per weekend attd only when a large art event is scheduled. WALKS/RUNS:.(March of Dimes, American Heart Assoc. Gulf Coast Runners, Naples Daily News Half Marathon and similar organizations) these activities vary in size and time in the park. They do not cause an undesirable impact to the park. · Standard_for~rantingPermit.'_ Unless the schedule prohibits, these events will be unlimited. COMMUNITY ORGANIZATIONS: (Girl Scouts/Boy Scouts, Veterans Groups, World Aids Vigil, Special Olympics, local business outings and similar organizations). Most of these organizations do not impact the park in an unfavorable manner. They should always be accommodated if schedule and support services permit. · StandardforGrantingPermir. Unless the schedule prohibits, these events will be unlimited. OTHER CONSIDERATIONS: 7, Staffwill urge event organizers to use other City Parks. )~ Those large event organizers that require extraordinary amounts of space and support service will be encouraged to consider the larger county parks. ), Staff will urge event organizers to arrange for off-site parking away from the immediate Cambier Park Arteventsfinal l O,'14.doc Staff Report to Naples City Council Subject: Subdivision Plat Petition Petition No. 97-SD2 (97-71)and Conditional Use Petition 97-CU14 (97-70) Petitioners: Richard and Barbara DeVoe Agent: Charles M. Kelly, Esquire, and John M. Passidomo, Esquire From: Dr. Richard L. Woodruff, City Managet"~, Prepared by: Flinn Fagg, Planning Departme~ Recommend approval ~ ~ Agenda Item/..~"~,~b Meeting of I 1/5/97 RaRuest: This is a request for preliminary and final subdivision approval of the combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplatted tract to form two single-family parcels; and conditional use approval of two single-family boat docks as required in the C "Conservation" zoning district. Authorization: Section 98 of the Code of Ordinances, "Subdivision Standards," and Section 86-203 of the Code of Ordinances, "Approval of conditional uses." Background: In late 1995, Rezone Petition 95-R15 and Subdivision Petition 95-SD6 were filed for portions of the subject property by Gettysburg College, later followed by Variance Petition 96-V6 and Conditional Use Petition 96-CU!3. The petitions were denied by City Council, although the PAB had recommended approval of the petitions. City Council rezoned the Champney Bay peninsula from "R1- 15" to "C" in late 1996 so that the properties would be in conformance with the Future Land Use map of the Comprehensive Plan. Staff Recommendation: As the Champney Bay portion of the subject properties is part of an illegal subdivision, staff has recommended that the illegal subdivision issue be resolved prior to acting on any additional petitions. Pending resolution of that issue, staff has recommended approval of petitions 97- SD2 and 97-CU 14 subject to the conditions listed in the staff.report to the Planning Advisory 13nard. Public Input: Correspondence was received from Elsie Page, 3455 Gordon Drive, stating her opposition to the petitions, in that conservation land should remain so. James Kessler, 3250 Green Dolphin Lane, wrote rescinding his previous objections to the petitions; the Port Royal Property Owners' Association also indicated no objection to the petitions. At the PAB meeting, Gary Shirk, attorney for neighbor Alan Gerry, objected to the subdivision stating the following reasons: the seven-slip marina permit issued by the State was based on a faulty depth survey and was a dead issue (later rebutted by Attorney Passidomo and Dr..Ion Staiger as still ~ing in effect); that the illegal subdivision issue could not be ignored on this property and then enforced on the Pevely/Kerckhoff properties; that the boat docks on conservation land are attached to the RI-15 district and should be ruled by single-family setbacks; and that there is a safety issue relative to the location of the boat docks. Meeting Summary/PAB Vote: The Planning Advisory Board voted 5 to i to recommend approval of the petition with the deletion of staff condition 13 and deletion of reference in the first clause of Paragraph 15 to "pending resolution of the subdivision of the Pevely Dairy property;" changing condition E to read "the final location, design, and configuration ofthe boat docks are to be reviewed and approved by the Natural Resources Manager and Planning Director;, and deletion of staff condition D (Mr. Cronin dissenting, and Mr. Hole abstaining for "appointive" reasons). Vice Chairman Cronin Meeting of 8/13/97 Preliminary and Final Subdivision Approval Petition 97-SD2 (97-71) Conditional Use Petition 97-CU 14 (97-70) Agenda Item Nos. 4 & 5 CITY OF NAPLES STAFF REPORT To: From: Subject: Petitioner: Agents: Date: Planning Advisory Board Planning Department Preliminary and Final Subdivision Approval Petition 97-SD2 (97-71) Conditional Use Petition 97-CU14 (97-70) Richard and Barbara DeVoe Charles M. Kelly, Esquire, and John M. Passidomo, Esquire October 2, 1997 REQUEST: This is a request for preliminary and final subdivision approval of the combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplatted tract to form two single-family parcels; and conditional use approval of two single-family boat docks as required in the C, "Conservation," zoning district. LOCATION: 3272 Green Dolphin Lane SIZE OF PARCEL: The parcels on Green Dolphin total 1.74 acres; the petitioner's deed lists the Champney Bay parcel at .932 acres, although information from the Property Assessor's office indicates the parcel is .75 acres. EXISTING LAND USE: Lot 13 and the eastern half of Lot 14 of the Green Dolphin Section of Port Royal are occupied by the petitioners' residence; the western half of Lot 14, Lot 15, and the Champney Bay parcel are undeveloped. CURRENT ZONING: Lots 13, 14, and 15 are zoned 'R1-15A," Residence District; the Champney Bay parcel is zoned "C," Conservation. PREVIOUS ACTION: The issue of a boat dock on the Champney Bay property and the division of the Pevely Dairy property (which at one time included the Champney Bay parcel that is the subject of these petitions) has been the subject of a number of discussions with the Planning Department of the City of Naples. An October 1993 letter from John Cole, former Chief Planner of the City of Naples, addressed to Robert Duane of Hole, Montes & Associates. discusses the issue of the subdivision of the Pevely Dairy property. The letter indicates that Staff Report to Naples Ci~ Council Subject: Subdivision Plat Petition Petition No. 97-SD2 (97-71) and Conditional Use Petition 97-CU 14 (97-70) Petitioners: Richard and Barbara DeVoe Agent: Charles M. Kelly, Esquire, and John M. Passidomo, Esquire From: Dr. Richard L. Woodruff, City Managef"~/ . Prepared by: Flinn Fagg, Planning Departme~ Recommend approval ~ Meeting of 1 i/5/97 Request: This is a request for preliminary and final subdivision approval of the combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplarted tract to form two single-family parcels; and conditional use approval of two single-family boat docks as required in the C "Conservation" zoning district. Authorization: Section 98 of the Code of Ordinances, "Subdivision Standards," and Section g6-203 of the Code of Ordinances, "Approval of conditional uses." Background: In late 1995, Rezone Petition 95-R15 and Subdivision Petition 95-5D6 were filed for portions of the subject property by Gettysburg College, later followed by Variance Petition 96-V6 and Conditional Use Petition 96-CU13. The petitions were denied by City Council, although the PAB had recommended approval of the petitions. City Council rezoned the Champney Bay peninsula from "RI- 15" to "C" in late 1996 so that the properties would be in conformance with the Future Land Use map of the Comprehensive Plan. Staff Recommendation: As the Champney Bay portion of the subject properties is pan of an illegal subdivision, staff has recommended that the illegal subdivision issue be resolved prior to acting on any additional petitions. Pending resolution of that issue, staff has recommended approval of petitions 97- SD2 and 97-CU!4 subject to the conditions listed in the staff report to the Planning Advisor),' Board. Public Input: Correspondence was received from Elsie Page, 3455 Gordon Drive, stating her opposition to the petitions, in that conservation land should remain so. James Kessler, 3250 Green Dolphin Lane, wrote rescinding his previous objections to the petitions; the Port Royal Property Owners' Association also indicated no objection to the petitions. At the PAB meeting, Gary Shirk, attorney for neighbor Alan Gerry, objected to the subdivision stating the following reasons: the seven-slip marina permit issued by the State was based on a faulty depth survey and was a dead issue (later rebutted by Attorney Passidomo and Dr. ,Ion Staiger as still being in effect); that the illegal subdivision issue could not be ignored on this property and then enforced on the Pevely/Kerckhoff properties; that the boat docks on conservation land are attached to the RI-I 5 district and should be ruled by single-family setbacks; and that there is a safety issue relative to the location of the boat docks. Meeting Summary/PAB Vote: The Planning Advisory Board voted 5 to I to recommend approval of the petition with the deletion of staff condition B and deletion of reference in the first clause of Paragraph 15 to "pending resolution of the subdivision of the Pevely Dairy property;" changing condition E to read "the final location, design, and configuration ofthe boat docks are to be reviewed and approved by the Natural Resources Manager and Planning Director; and deletion of staff condition D (Mr. Cronin dissenting, and Mr. Hole abstaining for "appointive" reasons). Vice Chairman Cronin expressed the opinion that the appropriate avenue was to amend the subdivision regulations to resol~'e the matter. Messrs. Korest and Selck felt it was unfair to postpone resolution of this matter pending a new ordinance covering the subdivision section of' the code but that a code amendment should also be done. Chairman Rideoutte indicated that this vote may help City Council with expediting the resolution of the illegal subdivision matter. Mr. Hole abstained due to a possible conflict of interest relative to a long-standing association with the DeVoes. The accompanying resolutions have been drafted to reflect the position of the Planning Advisory Board. Meeting of 8/13/97 Preliminary and Final Subdivision Approval Petition 97-SD2 (97-71) Conditional Use Petition 97-CU14 (97-70) Agenda Item Nos. 4 & 5 CITY OF NAPLES STAFF REPORT. To; From: Subject: Petitioner: Agents: Date: Planning Advisory Board Planning Department Preliminary and Final Subdivision Approval Petition 97-SD2 (97-71) Conditional Use Petition 97-CU14 (97-70) Richard and Barbara DeVoe Charles M. Kelly, Esquire, and John M. Passidomo, Esquire October 2, 1997 e e REQUEST: This is a request for preliminary and final subdivision approval of the combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplatted tract to form two single-family parcels; and conditional use approval of two single-family boat docks as required in the C, "Conservation," zoning district. LOCATION: 3272 Green Dolphin Lane SIZE OF PARCEL: The parcels on Green Dolphin total 1.74 acres; the petitioner's deed lists the Champney Bay parcel at .932 acres, although information from the Property Assessor's office indicates the parcel is .75 acres. EXISTING LAND USE: Lot 13 and the eastern half of Lot 14 of the Green Dolphin Section of Port Royal are occupied by the petitioners' residence; the western half of Lot 14, Lot 15, and the Champney Bay parcel are undeveloped. CURRENT ZONING: Lots 13, 14, and 15 are zoned "R1-15A," Residence District; the Champney Bay parcel is zoned "C," Conservation. PREVIOUS ACTION: The issue of a boat dock on the Champney Bay property and the division of the Pevely Dairy property (which at one time included the Champney Bay parcel that is the subject of these petitions) has been the subject of a number of discussions with the Planning Department of the City of Naples. An October 1993 letter from John Cole, former Chief Planner of the City of Naples, addressed to Robert Duane of Hole, Montes & Associates, discusses the issue of the subdivision of the Pevely Dairy property. The letter indicates that R1-15 SUBDIVISION PETITION R1 -15 SITE 97-SD2, % ! I % ! I I I I ! CONDITIONAL USE PETITION 97-CU14J Staff Report 97-SD2 (97-71)and 97-CU14 (97-70) Page 2 the division of the Pevely Dairy property into three separate parcels was technically a subdivision of the property, and that a subdivision petition should have been approved prior to this action. The letter also cites Section 9-1-17 (now identified as Section 110-49), which requi.res that buildable lots have 20 feet of frontage on a public right-of-way or Council approved vehicular accessway. Although a 30' access easement is shown across the properties, the letter states that Council must formally approve the access easement in order to be considered valid. The letter also discusses the issue of a multiple- slip boat dock, and cites Section 7-4-24(K)(6) [now identified as Section 102- 781(0(1)] which only allows a single-family boat dock as a conditional use. The boat dock on Champney Bay was also the subject of a 28 September 1994 letter from John Cole to Ronald Blackburn, of the Department of Environmental Protection (DEP). The letter references a DEP "intent to issue" notice for permits for the boat dock, but indicates that local approval and permitting had yet to be obtained. A Rezone petition, a Subdivision petition, and a Conditional Use petition were submitted by Robert Duane of Hole, Montes & Associates for Gettysburg College in February 1995. The Rezone petition requested the rezoning of a .695-acre parcel at the north end of Champney Bay from "R1-15" to "C" and "TC." The Conditional Use petition requested approval for the construction of four boat docks on Champney Bay, with Port Royal residents designated as the anticipated users of the docks. The subdivision petition included a request to develop a pedestrian access easement between Lots 15 & 16 on Green Dolphin Lane that would connect with the existing 30' easement to the Pevely Dairy property and give Port Royal residents access to the proposed boat dock. A letter written by Ann Walker of the City of Naples Planning Department, dated 8 March 1995, stated that there were several technicalities that would have to be corrected prior to considering the petitions, and primarily noted that the Pevely Dairy property had been subdivided without approval of a subdivision plat by City Council. In late 1995, Rezone Petition 95-R15 and Subdivision Petition 95-SD6 were filed with the Planning Department, later followed by Variance Petition 96-V6 and Conditional Use Petition 96-CU13. The petitions in their final form requested to rezone the Champney Bay parcel to 'C" Conservation, combine the Champney Bay parcel with Lots 13, 14, and 15 on Green Dolphin Lane to form two waterfront lots, and requested approval of two single-family boat docks. The petitions were denied by City Council in August 1996. City Council rezoned the Champney Bay parcel and the rest of the Pevely Dairy property to "C" Conservation in December 1996. The properties were rezoned in order to be in conformance with the Future Land Use map of the Comprehensive Plan. 10. 11. PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB) will hold a public hearing on this petition at its meeting on Wednesday, October 8, 1997. At the close of the public hearing, the PAB will make a recommendation to the City Council. The City Council should consider the PAB's recommendation at its meeting on November 5, 1997, with final action by resolution. COMPREHENSIVE PLAN: This request is not in conflict with the Comprehensive Plan. PROPOSED DEVELOPMENT: The intent of the petitioners is to convert two land-locked parcels on Green Dolphin Lane into waterfront parcels with access to Champney Bay. A boat dock is proposed for each parcel. Lot 15 and the western half of Lot 14, in combination with the western portion of the Champney Bay parcel, will become "Tract A," as designated on the proposed subdivision plat; the eastern portion of Lot 14 and Lot 13, which are currently occupied by the petitioners' residence, will be combined with the eastern half of the Champney Bay parcel to form "Tract B." GUIDELINES AND STANDARDS: Chapter 98 of the Comprehensive Development Code outlines the requirements for the approval of subdivision petitions, defining the standards for streets, sidewalks, utilities, and maintenance of improvements. Chapter 98 also requires the subdivision process for any re- subdivision of an existing plat. The guidelines and standards for the approval of conditional uses are listed in Attachment "A." ANALYSIS: SUBDIVISION PLAT PETITION 97-SD2 Ao In the Departmental Review process, no objections to the petition were noted. As this request is partially a re-subdivision of an existing plat, most of the requirements in regards to physical improvements have been satisfied. The Champney Bay portion of Tracts A and B is zoned "C" Conservation, which significantly restricts development possibilities, and the only necessary infrastructure are the utilities required to serve the proposed boat docks. The petitioner has included the following conditions with the subdivision petition request, and are listed as Exhibit "B": Staff Report 97-SD2 (97-71) and g7-CU 14 (97-70) Page 4 1) Access to the tracts shall only be through Green Dolphin Lane, and shall be prohibited from Gordon Drive; 2) The Champney Bay portion of Tracts A and B shall not be sold independently of the single-family 10ts to which they are attached; and 3) The setbacks and lot coverage requirements for the 'R1-15A" zoned portion of Tracts A and B shall be governed by the dimensions of the 'Rl-15A" portion of the lot. The portion of the tracts zoned "C" shall not be used in determining the lot coverage or setbacks of the "R1-15A" portion of the tracts, nor be considered in meeting minimum square footage requirements for a single- family residence or guest unit. Staff would recommend that these conditions be listed directly on any approved subdivision plat for the properties. The applicable section of the Conservation zoning district regulations does not list any minimum lot size requirements; consequently, the lot sizes as proposed Tracts A and B are in conformance with minimum requirements. As the history of correspondence from the Planning Department on this issue indicates, staff is of the opinion that the subject parcel on Champney Bay was once a portion of a larger parcel that was subdivided without Council approval. Chapter 98 of the Code of Ordinances states that the intent of the subdivision regulations is to provide minimum standards that are necessary for the protection of the health, safety and general welfare of the citizens of the City, and includes standards for the development and provision of streets, parcels, maintenance, utilities, and other physical improvements. While the submitted petition has addressed those concerns relative to the property in question, there are several outstanding issues regarding the Pevely Dairy property: 1) An after-the-fact subdivision plat petition should be filed for any illegal subdivision prior to development in order to address basic health, safety, and welfare issues, and to be in compliance with the subdivision process listed in Chapter 98. 2) The Pevely Dairy property is landlocked and does not have street frontage as required by 110-49 or a Council-approved private street in lieu of frontage as permitted by Section 98-61(k). The Pevely property has a 30-foot private easement across the Champney Bay Staff Report 97-SD2 (97-71) and 97-CU14 (97-70) Page 5 and Gerry properties, giving access to Gordon Drive; Council approval of the easement would be necessary in order to be in conformance with Section 98-61(k). Only limited development is permitted on the Pevely Dairy property as it is zoned "Conservation," and access is not as crucial to the property as would be for properties with more intense development potential. Regardless, the issue will have an effect on the Champney Bay parcels and should be resolved with any consideration of these petitions. 12. FINDINGS: SUBDIVISION PLAT PETITION 97-SD2 Ao The petition as submitted is generally consistent with the physical requirements for subdivisions as listed in Chapter 98 of the Code of Ordinances and meets minimum standards for the Conservation zoning district. The conditions listed in Exhibit "B" shall be included directly on the record plat. Bo Co The 30-foot easement across Tracts A and B shall be formally recognized by Council as access to the Pevely Dairy property in accordance with Section 98-61(k). The Champney Bay portion of the property was part of a larger parcel that was illegally subdivided; prior to approving the conditional use for these parcels, this subdivision issue should be resolved. 13. ANALYSIS: CONDITIONAL USE PETITION 97-CU'14 Ao In the Departmental Review process, the Building Division noted that Section 110-32 prevents the construction of a boat dock prior to the construction of a residence. This condition would only be applicable to Tract A, as the petitioners' residence occupies Tract B. Bo The petitioners are requesting the following in regards to the conditional use approval of two single-family boat docks, as listed in Exhibit "B": 1) The conditional use approval is extended from the typical one-year limitation to three years, with no additional monitoring or review required; and 2) The final location, design, and configuration of the boat docks are to be approved administratively by the Planning Director and Natural Resources Manager. Staff Report 97-SD:Z (97-71) ana 97-CU14 Page 6 14. 15. Exhibit "B" also lists the following stipulations about the number, use, and access to the proposed boat docks: 1) 2) 3) 4) 5) 6) No more than one boat dock shall be permitted on Tracts A and B; Use of the boat dock on Tracts A'and B shall be limited to the owner of Tracts A and B respectively; Utilities provided to the boat dock shall be consistent with other single-family boat docks in the R1-15A zoning district; Boat dock construction shall not precede the construction of a residence as required by Section 110-32; Access to the boat docks shall be limited to a boardwalk, with no permitted vehicular access; and A boat dock is an approved conditional use on the 'C" zoned portions of Tracts A and B. A letter on file at the Planning Department from the Department of Environmental Protection indicates that the state issued a permit in October 1994 for a seven-slip docking facility on the Champney Bay parcel. The permit is valid through October 1999; however, the seven-slip facility cannot be constructed without also obtaining City approval. A smaller facility may be built under that permit, provided that an amendment to the permit is filed. FINDINGS: CONDITIONAL USE.PETITION 97-CU14 A single-family boat dock on each of the proposed tracts is an acceptable conditional use in the "C" zoning district, Bo The stipulations in Exhibit "B" of the petition adequately restrict the use of the boat docks and protect adjacent single-family properties. Co In regards to the request for a three-year approval of the conditional use, the former city attorney has indicated that the 12-month limitation on conditional uses is not to be waived. The conditional use approval may be extended upon a request to City Council by the owner of the tract prior to its expiration. STAFF RECOMMENDATION: Pending resolution of the subdivision of the Pevely Dairy property, staff would recommend approval of Subdivision Plat Petition 97-SD2 and Conditional Use Petition 97-CU14, subject to the following conditions: The conditions listed in Exhibit "B" relative to the subdivision shall be listed directly on the approved subdivision plat. Staff Report 97-SD2 (97-71) and 97-CU14 (97-70) Page 7 Gm Do The 30-foot easement across Tracts A and B shall be formally recognized by Council as access to the Pevely Dairy property in accordance with Section 98-61 (k). The stipulations listed in Exhibit 'B" of the petition shall govern the development and use of the boat docks on Tracts A and B. This conditional use approval is valid for one year, and may be extended upon a request to City Council. The final location, design, and configuration of the boat docks are to be reviewed by the Natural Resources Manager and approved in a workshop session of City Council. Prepared by: linn Fagg, Pla Respectfully submitted, Planning Director ~age ~ Attachment "A" CONDITIONAL USES, GUIDELINES AND STANDARDS: Section 86-203(d) of the Comprehensive Development Code, Procedure for Obtaining Conditional Uses, lists the following standards for review of conditional use petitions: 1) 2) 3) 4) 5) 6) 7) 8) 9) Ingress and egress to the subject property and the proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe shall be adequate and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. Off-street parking and loading areas, where required or requested by the property owner, shall be adequate, well-designed, and relate well, in terms of proximity, access, and the like, to the uses intended to be serviced, with padicular attention to the items listed in subsection (1) above, and the smoke, noise, glare, dust, vibrations, fumes, pollution, or odor effects related to the vehicular use area or the conditional use, and such shall not be detrimental to the adjoining properties in the general area. Refuse and service areas, with particular reference to the items in (1) and (2) above, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. Proposed signs and extedor lighting shall be considered with reference to glare, traffic safety, and compatibility and harmony with surrounding properties and shaft be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. A determination shall be made that the proposed development will not hinder development of the nearby vacant properties with a permitted use in the subject zone district. The land and/or buildings which are involved shall be adequate size, shape, type of building and the like, to insure compatibility with the proposed conditional use. The proposed development shall be compatible and/or appropriate with adjacent properties and other property in the district and geographic area. /?¢7 q7. Dat~ PLE TO ] PORT ROYI. [,, October 7, 1997 FAC$I~WmE TP. ANSMrl'rAL COYER PAGE %SE DEl, DER h'v~fl~DIATELY HE ATTEN~0N OF: FAX #(94I) 261-4359 OF PAGES TO FOLLOW: Joseph R. Cls~sen (g&l) ~3&-~627 Th/s Page Ch~ly re; ~o Ve4nesday, October 8, 1997 The ?ore Royal Pm~per~yOw~ra' Asaoctattouhas no object/eh cbe approva1 oR Fetitton 97-S~2 (97-71) as requested by Richard Barbara Devoe. ~~i~.i. Clauaen, Preaideuc ~_~or~ R~fal Pro~erc20~mera' Assectac$on,Xng. te~s~om.,*l Cenu'~ ' I020 ~i~t~ AYe. $.. $cite ~;" NaiVeS, FToHda ]4102" {941) 2,6;-6472, · FAX Z61-4.35~ October 7, 1997 CITY OF NAFL.F.~, FL City of N~le~ ~ples Eorid~ 34102 I had previoudy ~ my objec~.imu m the Devoe pe~ for subdividofl sad cor~6oedl use for Jots on Green Doipl~n T~ne m Port P. oyzl. I hereby rescind &nd remove my ob~om to Petitione~ Richard H. DeVoe and Barbara J. DeVoe Date Received 7/14197 File No. gT-SD2 Address: 3272 Green Dolphin Lane, Naples, Florida 34102 Telephone #:(941) 434-2349 Fax #:(941) 434-9301 Agent for Petitioner:. Charles M. Kelly Address: 2640 Golden Gate Pa~way, Naples, Flodda 34105 Telephone #: (941) 261-3453 Fax #: (941) 261-5711 Agent for Petitioner: John M. Passidomo Address: 821 Fifth Avenue South, Naples, Florida 34102 Telephone #: (941) 261-9300 Fax #: (941) 261-9782 Owner of Property: Richard H. DeVoe and Barbara J. DeVoe Address: 3272 Green Dolphin Lane, Naples, Florida 34102 Telephone #: (941) 434-2349 Fax#: (941) 434.9301 Address/Location of Subject Property: 3272 Green Dolphin Lane, Naples, Florida 34102 and adiacent property Legal Description of Property Involved: Lots 13, 14 and 15 of the Green Dolphin Lane Section of the Plat of Kinqs' Town Drive to Admiralty Parade Sections of Port Royal (Plat Book 3, pa.qe 74) and adiacent property described on the attached Exhibit "A" which is incorporated herein by reference Description of Requested Subdivision: Combination of a currently unplatted tract of less than one acre in size with no proposed subdivision improvements on it and three adjacent currently platted lots to create two platted sin.qle family lots which are desiqnated as Tract "A" and Tract on the .proposed preliminary subdivision plan of the Champney Bay Section of Port Royal which accompanies this petition, subject, however, to the conditions contained on the attached Exhibit "B" whaler;is !n?rporated herein by reference / Sign=ture of Petitioner, Richard H. DeVoe Signature of Petitioner, Barbara J. DeVoe Signature of Owner, Richard H. DeVoe S~nature of Owner, Barba~ J. DeVoe Date Date NOTE: IF THE PETITIONER WISHES TO BE REPRESENTED BY AN AGENT, THE POWER OF ATTORNEY ON THE FOLLOWING PAGE MUST BE PROPERLY EXECUTED. IF DRAWINGS PREPARED BY AN ARCHITECTURAL, ENGINEERING OR OTHER FIRM ARE SUBMITTED, THE FIRM MUST. EXECUTE THE ATTACHED PERMISSION TO REPRODUCE. CONDITIONAL USE PETITION Page Two KNOW ALL MEN THAT WE, Richard H. DeVoe and Barbara J. DeVoe do hereby constitute and appoint Charles M. Kelly and John M. Passidomo our tl'~./~hnd lawful attorneys, to execute the foregoing instrument in our name, place arC, cad this [' ' day.of Jur)e,~1997. Signature of Petitioner ~,ly mrna. ~ Sep[ 30, 19~7 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged bede m~ ~hi_~ C//~"'(,... day of June, 1997, by Richard H. DeVoe and Barbara J. DeVo~ho are personally known to~rwho have produced as identification and who did not take an oath. Print or type name My Commission Expires: KNOW ALL MEN THAT I, Brett D. Moore, ¢/~ iO/z.~,,~.,.,T' (Title), of the firm of Humiston & Moore Engineers do hereby grant the City of Naples permission to reproduce all or a portion of all plans, drawings, etc., submitted in connection with~f_.ore~----'~_ ' n_.. Signature Title: V Date: 7-°7--"~ '7 STATE OF FLORIDA COUNTY OF COLLIER T. beforeeoing instrument was acknowledged before me this of-~'~,~" ~'~-' - -997, by Brett D. Moore who is personally known to me or who has produced ,/,//'//,'4~'.~"/./~//~- as identification and who did not take an oath. · ,,~ ~'~ i~.~ Notar~.PU .bl~~ ~'~'~ ~';Z~¢~ ~'~'~"~'~ Print or type name My Commission Expires: 1/1/97 CONDITIONAL USE PETITION Page Three KNOW ALLMENTHAT~~,,, l ~/~2~r~,,'~ , ~,,~;~..~ _ (Title), ofthe firm of Hole, Montes & Associates do hereby grant the Ci~ of Naples pe~ission to reproduce all or a potion of all plans, dr~ngs, etc., submi~ed in ~nne~ion with the foregoing petition. Signat~r~ Title: (~[~ :~~ D~t~: '¢l~lq~ STATE OF FLORIDA COUNTY OF COLLIER Tl~.~e.foregoing instrument was acknowledged before me this I ---' dayof~, 1997, by /~d,~o5 ~ ~c/'/'/.5 personally known to me or who has produced //"-',~.~ .4._ as identification and who did not take an oath. N/~ Public who is Print or type name My Commission Expires: ^ portion of Government Lot 1 of Section 21, Township $0 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 21, Township .50 South, Range 25 East, Collier County Florida; thence run S. 89 degrees 49'49" W., along the North line of Government Lot 1 of said Section 21, for a distance of 326.12 feet to the Point of 8~e. innlne of the parcel of land herein described; thence continue S. 89 degrees 49'49" W., along th~ North line of Government Lot 1 of said Section 21, for a distance of 264.19 feet; thence Run S. 00 degrees 14' 31" E., parallel with the East line of Government Lot 1 of said Section 21, for a distance of 108.46 feet to a point on the mean high water line of Champney Bay; thence Run S. 78 degrees 33'10" E., along said mean high water line, for a distance of 4.45 feet; thence run N. 89 degrees 07'32" E., along said mean high water line, for a distance of 20.67 feet; thence run S. 82 degrees 18'30" E., along said mean high water line, for a distance of 34.65 feet; thence run N. 80 degrees 32'39" E., along said mean high water line, for a distance of 31.22 feet; thence run S. 88 degrees 11 '49" E., along said mean high water line, for a distance of 40.12 feet; thence run S. 78 degrees 46'22" E., along said mean high water line, for a distance of 39.70 feet; thence run S. 86 degrees 39'44" E., along said mean high water line, for a distance of 29.89 feet; thence run N. 89 degrees 04'33" E., along said mean high water line, for a distance of 31.10 feet; thence run S. 77 degrees 38'13" E., along said mean high water line, for a distance of 25.11 feet; thence run S. 79 degrees 15'58" E., along said mean high water line, for a distance of 9.77 feet to a point on a line 326.12 feet westerly of, as measured along the Rlorth line of said Government Lot 1, the East line of Government Lot 1 of said Section 21; thence Run N. 00 degrees 14'31" W., Parallel with the East line of Government Lot I of said section 21 for a distance of 126.75 feet to the ..F'oTnt 9f B~ginnTn~ . Exhibit "A" Exhibit 'B" to City of Naples Subdivision Plat Petition 1. Access to Tracts 'A" and 'B" shall be only through Green Dolphin Lane and access to Tracts "A' and 'B" shall be prohibited from Gordon Drive by use of that certain Access Easement created in Deed Book 14 at page 351 of the Public Records of Collier County, Florida (the 'Access Easement"); 2. The plat shall state that the Champney Bay portions of Tracts 'A' and 'B' shall not be sold independently of the single family lot to which they are attached; and 3. In regards to the zoning requirements for the parts of Tracts 'A" and 'B" which are zoned 'R1-15A", setbacks and lot coverage shall be governed by the dimensions of the "R1-15A" portion of the lot. The portion of the property zoned 'CFTC" may not be used in determining the lot coverage or setbacks of the 'Rl-15A' portion of the parcel, or be considered in meeting the minimum square footage requirement for a single-family residence or guest unit. The plat shall state these requirements. Petitioner:. Ri<~hard H. DeVoe and Barbara J. DeVoe Address: 3272 Green Dolohin Lane. Naples. Florida 34102 Telephone ~ (941) 434-~349 Fax ~ Date Received 71'14197 File No. 97-CU14 (941) 434-9301 Agent for Petitioner:. (;:hades M, Kelly Address:_ 2640 Golden Gete Parkway. Naoles. Florida 34105 Telephone #: (941~ ~61-3453 Fax#: (941) ~61-$711 Agent for Petitioner:. John M, Passidomo Address: 8;~1 FiP, h Avenue South, Naple~, Florida 34102 Telephone #: (941) 261-9300 Fax#:_ (941) 261-978~ Owner of Property: Rk;hard H. DeVoe and Barbara J, DeVoe Address: 3~7;~ Green Dqlphin Lane. NapleS. Florida 34105 Telephone #: {941) 434-~4~ Fax#: (941~ 434-9301 Address/Location of Subject Property: 3272 Green Dolphin Lane, Naples, Florida 341Q;~ and adjacent. property Legal Description of Property Involved: Lots 13, 14 and 15 of the Green Dolphin I, ane Section of the Plat. of Kings' Town Drive to Admiralty Parade Sections of Port Royal (Plat Book 3.13a~e 74~ and adjacent prooert~ described on the attached I[×hibit 'A' which is incorp0rate~ herein by reference Existing Zoning: R1-15A. Conservation an(;! Transitional Cqnservati~n Code Section: 102-112 and 86-;~03 Proposed Conditional Use and Summary of Facts A ~in.qle family boat dock with access to it from a boardwalk for ea~;h. 9f Tra(~i 'A" anql 'B" qrea~ed on the orop0sed subdivision plan for the (;:hamoneY BaY ~;e~on of Port Rcyal which accompanies thi~ pe~on ('l'ract~ 'A' and 'B'), ~ubject, however, to the conditions c_9n~_~,.ed .o.n the a..~,~ached Exhibit 'B" which is incorporated herein b'l reference . Signature of PeUtJoner. Richard H. DeVoe Signature of Owner, Richard H. DeVoe Signature of Pel~oner, Barbara J. DeVoe Date Signature of Owner, Barbara J. DeVoe Date NOTE: IF THE PETITIONER W1$HES TO BE REPRESENTED BY AN AGENT, THE POWER OF ATTORNEY ON THE FOLLOt4,qNG PAGE MUST BE PROPERLY EXECUTED. IF DRAVV1NGS PREPARED BY AN ARCHrrECTURAL, ENGINEERING OR OTHER FIRM ARE SUBMITTED, THE FIRM MUST EXECUTE THE ATTACHED PERMISSION TO REPRODUCE. 111/97 SUBDIVISION PLAT PETITION Page Two KNOW ALL MEN THAT WE, Richard H. DeVoe and Barbara J. DeVoe do hereby constitute and appoint Charles M. Kelly and John M. Passidomo our true and lawful attorneys, to execute the foregoing instrument in our name, place and stead this ~ dayof June _ , lgg~_7~.~9 /~/o ~__.Z~'cJ'-~', Signature of Petitioner STATE OF FLORIDA COUNTY OF COLLIER The foregoing instn, m~ent was acknowledged before me this June ,199 7., by Richard H. DeVoe and Barbara J. DeVoe A:~r~__~nal,y Known to rr~lor- who have produced ~"~ day of ~.o. ~/'e " as identification and who did not take an oath. ~lOtr~'~Public ./// · ~.- ". t ' ,-/" / Print or type name My Commission Expires: KNOW ALL MEN THAT I, Brett D. Moore , v,~ ~.~,~c,v ]--' (Title), of the firm of Humiston & Moore Enqineers do hereby grant the City of Naples permission to reproduce all or a portion of all plans, drawings, etc., submitted in connection with the foregoing petition. ~ Signature Title: V/~ ~,:~.~s, e,~.,.,T' Date: 7.-~z.-~ -'7 STATE OF FLORIDA COUNTY OF COLLIER The foregpi~g i[:~strument was acknowledged before me this ....~v nf ~,, ,,~ ~:_J~...Z~, 1997, by Brett D,...Moore who is personally knowr{.~o m~or who has produced ,/~'//-g/"~ ,/.~t,"'-J?",,, as identi,.~tion and who did not take an oath. Notary Public,~.~_~/~ /~. Print or type name My Commission Expires: 1/1/97 SUBDIVISION PLAT PETITION Page Three firm of ~';~n~;; ~ ,~ss(~i;tes do ~lereby gra~nt the City of Naples perm,ss,on to repr~xluce all or a portion of all plans, drawings, etc., submitted in connection with the foregoing petition. Signature ...- - - /,.., , ' Title:-;--~ ..),~ ...~/.- '~.~.,.,-,,. ,.,... Date:_ '~ !?.-I'~'/ " STATE OF FLORIDA COUNTY OF COLLIER The foregoing !nstrument was acknowledged before me this ~="~ ~/ day of -,;h:me ,.~"'-'~/,," ..., 1997, by_~'/;~P'~'j 0'T. ~:a~'~'~ ..5 who is personally known to r~e or who has produced /~(e~ .~ (~ - · _ as identification and who did not take an oath. blic, ~/~ ~ Print or type name My Commission Expires: A portion o! Uovemment LO( I or bec'zion Zl, Iownsnlp 3u .~ouzn, Range z:~ cast, L. Oll~er County, Florida. being more particularly described as follows: Commence at the Northeast corner of Section 21, Township 50 South, Range 25 East, Collier County Florida; thence run S. 89 degrees 49'49" W., along the North line of Govemrnent Lot 1 of said Section 21, for a distance of 326.12 feet to the Point of Be~innine of the parcel o~r land herein described; thence continue S. 89 degrees 49'49" W., along the North line of Government Lot I of said Section 21, for a distance of 264.19 feet; thence Run S. 00 degrees 14' 31" E., parallel with the East line of Government Lot I of said Section 21, for a distance of 108.46 feet to a point on the mean high water line of Champney Bay; thence Run S. 78 degrees $3'10" E., along said mean high water line, for a distance of 4.45 feet; thence run N. 89 degrees 07'32" E., along said mean high water line, for a distance of 20.67 feet; thence run S. 82 degrees 18'30" E., alon$ said mean high water line, for a distance of 34.65 feet; thence run N. 80 degrees 32'39" E., alon$ said mean high water line, for a distance of 31.22 feet; thence run S. 88 degrees 11'49" E., along said mean high water line, for a distance of 40.12 feet; thence run S. 78 degrees 46'22" E., along said mean high water line, for a distance of 39.70 feet; thence run S. 86 degrL, es 39'44" E., along said mean high water line, for a distance of 29.89 feet; thence run N. 89 degrees 04'33" E., along said mean high water line, for a distance of 31.10 feet; thence run S. 77 degrees 38'13" E., along said mean high water line, for a distance of 25.11 feet; thence run S. 79 degrees 15'58" E., along said mean high water line, for a distance of 9.77 feet to a point on a line 326.12 feet westerly of, as measured along the Rlorth line of said Government Lot 1, the East line of Government Lot 1 of said Section 21; thence Run N. 00 degrees 14'31" W., Parallel with the East line of Government Lot 1 of said section 21 for a distance of 126.75 feet to the Poin~ of Be~innin~ - Exhibit "A" Exhibit 'B" to City of Naples Conditional Use Petition 1. The number of single family boat docks constructed on Tracts 'A" and "B" shall in the aggregate not exceed two in number and no more than one single family boat dock shall be constructed on each of Tracts "A' and "B"; 2. Use of the boat doc, ks shall be limited to the owners of fee simple title to Tracts "A" and 'B", those claiming by, through or under the owners of fee simple title to Tracts 'A' and "B", and the successors and assigns of all of the foregoing; 3. Utilities to service the boat docks shall be consistent With other single family boat docks in the R1- 15A zoning district; 4. Boat dock construction shall not precede construction of a home on the single family residentially zoned lot of which it forms a part; 5. Access to each boat dock shall be limited to a boardwalk and vehicular access to the boat docks shall be prohibited; 6. A boat dock with access to it from a boardwalk is a permitted use on the portion of each of Tracts "A" and "B" which is zoned Conservation; 7. A single family boat dock with access to it from a boardwalk is an approved conditional use on each of Tracts "A" and "B"; 8. There is a three (3) year time limitation attached, but no monitoring or other City of Naples review required in relation, to the conditional use approval; and 9. The location, design and configuration of proposed improvements will be approved administra- tively by the Community Development Director and the Natural Resources Manager, or their designee, at the time a site specific request for the installation of improvements is made by the ultimate owner of the Tract as long as the site specific request is consistent with the site plan submitted as part of, and incorporated into, this petition, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. Summary of Facts Each of Tracts 'A" and 'B' is comprised of R1-15A, Conservation and Transitional Conservation Zoning Districts. The Conservation Zoning District portion of Tracts "A" and "B" is comprised of Tidal Swamp and Marsh Areas and Class II Waters and their Shorelines. A single family boat dock is a conditional use in Tidal Swamp and Marsh Areas. Boat docks in single family residentially zoned property are a permitted use in Class II Waters and their Shorelines. The portion of Tracts 'A" and 'B" on which a boat dock could be constructed will, however, be zoned Conservation, rather than single family residential. It could, therefore, be argued that the boat dock which constitutes an accessory structure which is incidental to and customarily associated with the single family residence use permitted in the Rl-15A District will not be located on a residentially zoned property and that the technical requirement for a permitted use in Class II Waters and their Shorelines Will not be met. This petition, therefore, respectfully requests City Council to confirm that (i) a boat dock with access to it from a boardwalk is a permitted use on the portion of each of Tracts 'A" and 'B" which is zoned Conservation, (ii) a single family boat dock with access to it from a boardwalk is an approved conditional use on each of Tracts 'A' and 'B", (iii) there is a three (3) year time limitation attached, but no monitoring required in relation, to the conditional use approval, and (iv) the location, design and configuration of proposed improvements will be approved administra- tively by the Community Development Director and the Natural Resources Manager, or their designee, at the time a site specific request for the installation of improvements is made by the ultimate owner(s) of Tracts 'A" and 'B" as long as the site specific request is consistent with the site plan submitted as part of, and incorporated into, this petition as Exhibit 'C". NOTE: EL. 1.63 CONTOUR LINE - MEAN HIGH WATER LINE (PER f'LOR~OA DEPARTMENT OF ENVIRONIdENTAL PROT[CTION MEAN HIGH WATER SURVEY F'IL[ 1266 DATED 8/01/95) TRACT A CHAIN FENCE TRACT B C.n'A~C $c4~r 0 I: 82.07' 182.12' N 89'4g'49" E +4' ~ T#ACT A .3000' ROADWAY E DEED BOOK 14, PG. 5.51 LANDWARD MANGROVE LINE TRACT I L6 L7 L8 EL. 1.63 CONTOUR LINE MEAN HIGH WATER LINE (SEE NOT[ ABOVe) EXISTING BATHYMETRY BASE0 ON $$C SURVEY ON 3/31/96 MANGROV~ LINE (FRINGE) [] PROPOSED DOCKS · / · · SEt' SUI:rVEY PLAT PREPARED BY HOLE, MONTES Jr ASSOCIATES FOR TRACT BOUNOARIES AND DESCRIPTIONS PRELIMINARY DOCK LAYOUT SUBJECT TO REnNEMENT DURING STATE & FEDERAL REGULATORY REVI['W. MINOR MAINTENANCE DREDGING MAY BE: ANTICIPATED (CLAM SNELL) CHAMPNEY BAY PRELIMINARY DOCK PLAN Exhibit "C" Page 1 of 2 NOTE: EL. 1.65 CONTOUR LINE -- MEAN HIC,H WATER LINE (PF.R FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE 1266 DATE0 8/01/9§) TRACT 7' CHAIN FENCE TRACT B 0 Jo 82.07' +5' TRACT 182.12' N 8g'4g'49" E 30.00' ROADWAY E DEED BOOK 14. PG. 351 LANDWARD MANGRO V~ LINE TIU,¢1' I Z L6 L7 L8 E:L 1.63 CONTOUR LINE MEAN HIGH WATER LINE (SEE: NOT[ ABOVE:) M AN C,I~ OVE LINE (rRmC£) · 4 I EXISTING 8ATHYM[TRY BASED ON SSC SURVEY ON 3/31/96 PROPOSED DOCKS SI[ SURV[Y PLAT PR£PAR[D BY HOb[. MONT[S& ASSOCIAT[S fOR TRACT BOUNDARIES ANO DESCRIPTIONS PRELIMINARY DOCK LAYOUT SUBJECT TO REFINEMENT DURING STAT[ &: fEDERAL R[GUt. ATORY REVIEW. MINOR MAIN?[NANC[ DREDGING ~AY BE ANTICIPATED (CLAM SH[U.) Exhibit "C" Page 2 or' 2 CHAMPNEY BAY PREUMINARY DOCK PLAN i,~e~ e(.,1,r tlalalm I~lU,,l:m' Meeting of 11/5/97 RESOLUTION NO. 97- A RESOLUTION GRANTING SUBDIVISION PLAT PETITION 97-SD2 TO APPROVE A COMBINATION OF LOTS 13, 14 AND 15 OF THE GREEN DOLPHIN SECTION OF PORT ROYAL WITH AN ADJOINING UNPLATTED TRACT TO FORM TWO SINGLE-FAMILY PARCELS AT 3272 GREEN DOLPHINLANEAND THE ADJACENT PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. Richard and Barbara DeVoe have requested subdivision plat approval of a combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplatted tract to form two single-family parcels at 3272 Green Dolphin Lane and the adjacent property; and the Planning Advisory Board, following an advertised public hearing, considered the public input, the recommendation of the staff, and recommended by a vote of 5 to 1 that Subdivision Plat Petition 97-SD2 be approved subject to conditions, finding that the criteria had been met; and WHEREAS, after considering the recommendation of the Planning Advisory Board and giving the petitioner an opportunity to speak, the City Council finds that the criteria for granting the petition have been met and that the petition should therefore be granted; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Subdivision Plat Petition 97-SD2 is hereby granted, approving a combination of Lots 13, 14 and 15 of the Green Dolphin Section of Port Royal with an adjoining unplatted tract to form two single-family parcels at 3272 Green Dolphin Lane and the adjacent property, more particularly described on the attached Exhibit "A." Section 2. That this resolution is subject to the following conditions being listed directly on the approved subdivision plat: Resolution No. 97- Page 2 Access to Tracts ~A" and "B" shall be only through Green Dolphin Lane and access to Tracts "A" and "B" shall be prohibited from Gordon Drive by use of that certain Access Easement created in Deed Book 14 at page 351 of the Public Records of Collier County, Florida (the "Access Easement"); The Champney Bay portions of Tracts "A" and "B" shall not be sold independently of the single-family lot to which they are attached; and In regards to the zoning requirements for the parts of Tracts "A" and "B" which are zoned "Ri-ISA," setbacks and lot coverage shall be governed by the dimensions of the "RI-15A" portion of the lot. The portion of the property zoned ~C" may not be used in determining the lot coverage or setbacks of the "Ri-ISA" portion of the parcel, or be considered in meeting the minimum square footage requirement for a single-family residence or guest unit. Section 3. This resolution shall take effect i.~unediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CIT~ OF NAPLES, FLORIDA, THIS · DA~ OF , 1997. Attest: Bill Barnett, Mayor Approved as to form and legality: Tara Norman, City Clerk Kenneth B. Cuyler, City Attorney Approved as to accuracy: l~inn Figg~'--~ ~~----~) Planning Department A portion of Government Lot 1 of Section 21, Township S0 South, Range 25 East, Collier (~ounty, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 21, Township 50 South, Range 2.5 East, Collier County Florida; thence run S. 89 degrees 49'49" W., along the North line of Government Lot 1 of said Section 21, for a distance of 326.12 feet to the Point of B~innin~: of the parcel of land herein described; thence continue S. 89 degrees 49'49" W., along the North line of Government Lot 1 of said Section 21, for a distance of 264.19 feet; thence Run S. 00 degrees 14' 31" E., parallel with the East line of Government Lot 1 of said Section 21, for a distance of 108.46 feet to a point on the mean high water line of Champne¥ Bay; thence Run S. 78 degrees 33'10" E., along said mean high water line, for a distance of 4.4.5 feet; thence run N. 89 degrees 07'32" E., along said mean high water line, for a distance of 20.67' feet; thence run S. 82 degrees 18'30" E., along said mean high water line, for a distance of 34.65 feet; thence run N. 80 degrees 32'3g" E., along said mean high water line, for a distance of 31.22 feet; thence run S. 88 degrees 11 '4g" E., along said mean high water line, for a distance of 40.12 feet; thence run S. 78 degrees 46'22" E., along said mean high water line, for a distance of 39.70 feet; thence run S. 86 degrees 3g'44" E., along said mean high water line, for a distance of 29.89 feet; thence run N. 89 degrees 04'33" E., along said mean high water line, for a distance of 31.10 feet; thence run S. 72' degrees 38'13" E., along said mean high water line, for a distance of 2.5.11 feet; thence run S. 79 degrees 15'58" E., along said mean high water line, for a distance of 9.77 feet to a point on a line 326.12 feet westerly of, as measured along the Rlorth line of said Government Lot 1, the East line of Government Lot 1 of said Section 21; thence Run N. 00 degrees 14'31" W., Parallel with the East line of Government Lot I of said section 21 for a distance of 126.75 feet to the Point of Be~innln~ ' Exhibit "A" RESOLUTION NO. 97- Agenda Item ~ Meeting of 11/5/97 A RESOLUTION GRANTING CONDITIONAL USE PETITION 97-CU14, IN ORDER TO PERMIT SINGLE-FAMIL~ BOAT DOCKS ON TRACTS ~A" AND '~B" OF THE C HAMFRE! BA! SECTION OF THE PORT ROYAL SUBD IVI SION, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE CONDITIONS LISTED HEREIN; PROVIDING FOR THE CITY CLERK TO RECORD SAID CONDITIONAL USE; AND PROVIDING AN EXPIRATION DATE AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Development Code requires that single-family boat docks are permitted in the C, "Conservation," zoning district only upon approval of a conditional use petition; and Richard and Barbara DeVoe have requested conditional use approval for single-family boat docks on Tracts "A" and "B" of the Champney Bay Section of the Port Royal subdivision; and the Planning Advisory Board, following an advertised public hearing, considered the public input, the recommendation of the staff, and the standards and guidelines of Subsection 86-203, Conditional Uses, and recommended by a vote of 5 to 1 that Conditional Use Petition 97-CU14 be approved subject to conditions, finding that the criteria had been met; and after considering the recommendation of the Planning Advisory Board and providing the petitioner an opportunity to speak, the City Council finds that the criteria for conditional uses, as listed in Subsection 86-203 of the Comprehensive Development Code, have been met and that the petition should be granted; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Conditional Use Petition 97-CU14 is hereby granted to approve single-family boat docks on Tracts "A" and "B" of the Champney Bay Section of Resolution No. 97- Page 2 Section 2. Section 3. Section 4. Section 5. the Port Royal subdivision, more particularly described on the attached Exhibit "A". That this approval is subject to the following conditions: The conditions listed in Exhibit "B" shall govern the development and use of the boat docks on Tracts "A" and "B." The final location, design, and configuration of the boat docks are to be reviewed and approved by the Natural Resources Manager and the Planning Director. That the City Clerk shall record this resolution approving the conditional use in the Public Records of Collier County, Florida. That this resolution shall expire on November 30, 2000, unless a building permit based upon and incorporating the conditional use is issued before that date. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS DAY OF , 1997. Attest: Bill Barnett, Mayor Approved as to form and legality: Tara A. Norman City Clerk Approved as to accuracy: ~P a~nn~f~ Department Kenneth B. Cuyler City Attorney '- ' ! · Page 3 Resolution Ho. 9?- THE UNDERSIGNED PETITIONER AGREES TO COMPLY WITH THE STANDARDS AND PROCEDURES SET FORTH IN SECTION 2, ABOVE, AND ACKNOWLEDGES THE AUTHORITY OF THE CITY COUNCIL TO REVOKE THIS CONDITIONAL USE, IF ANY CONDITIONS SET FORTH HEREIN ARE VIOLATED. Petitioner: Witness: Richard DeVoe (printed name) (date) Petitioner: Witness: Barbara DeVoe (printed name) (date) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 1997. Personally known Produced IdentificatiOn Type Identification (printed name) ?z01~0t.doc , Notary Public ( SEAL ) A portion of Government Lot 1 of Section 21, Township S0 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 21, Township .50 South, Range 25 East, Collier County Florida; thence run S. 89 'degrees 49'49" W., along the North line of Government Lot 1 of said Section 21, for a distance of 326.12 feet to the point of Be~innine: of the parcel of land herein described; thence continue S. 89 degrees 49'49" W., along the North line of' Government Lot 1 of said Section 21, for a distance of 264.19 feet; thence Run S. 00 degrees 14' 31" E., parallel with the East line of Government Lot 1 of said Section 21, for a distance of 108.46 feet to a point on the mean high water line of Champney Bay; thence Run S. 78 degrees 33'10" E., along said mean high water line, for a distance of 4.45 feet; thence run N. 89 degrees 07'32" E., along said mean high water line, for a distance of 20.67 feet; thence run S. 82 degrees 18'30" E., along said mean high water line, for a distance of 34.65 feet; thence run N. 80 degrees 32'39" E., along said mean high water line, for a distance of 31.22 feet; thence run S. 88 degrees 11'49" E., along said mean high water line, for a distance of 40.12 feet; thence run S. 78 degrees 46'22" E., along said mean high water line, for a distance of 39.70 feet; thence run S. 86 degrees 39'44" E., along said mean high water line, for a distance of 29.89 feet; thence run N. 89 degrees 04'33" E., along said mean high water line, for a distance of 31,10 feet; thence run S. 77' degrees 38'13" E., along said mean high water line, for a distance of 25.11 feet; thence run S. 79 degrees 15'58" E., along said mean high water line, for a distance of 9.77 feet to a point on a line 326.12 feet westerly of, as measured along the I(lorth line of said Government Lot 1, the East line of Government Lot 1 of said Section 21; thence Run N. 00 degrees 14'31" W., Parallel with the East line of Government Lot 1 of said section 21 for a distance of 126.75 feet to the Point of Be~inning ' Exhibit "A" Exhibit to City of Naples Conditional Use Petition 1. The number of single family boat docks constructed on Tracts 'A" and 'B" shall in the aggregate not exceed two in number and no more than one single family boat dock shall be constructed on each of Tracts 'A' and 'B"; 2. Use of the boat doc.ks shall be limited to the owners of fee simple title to Tracts 'A" and 'B", those claiming by, through or under the owners of fee simple title to Tracts 'A' and 'B', and the successors and assigns of all of the foregoing; 3. Utilities to service the boat docks shall be consistent with other single family boat docks in the R1- 15A zoning district; 4. Boat dock construction shall not precede construction of a home on the single family residentially zoned lot of which it forms a part; 5. Access to each boat dock shall be limited to a boardwalk and vel~icular access to the boat docks shall be prohibited; 6. A boat dock with access to it from a boardwalk is a permitted use on the portion of each of Tracts 'A" and 'B" which is zoned Conservation; 7. A single family boat dock with access to it from a boardwalk is an approved conditional use on each of Tracts 'A" and 'B"; 8. There is a three (3) year time limitation affached, but no monitoring or other City of Naples review required in relation, to the conditional use approval; and 9. The location, design and configuration of proposed improvements will be approved administra- tively by the Community Development Director and the Natural Resources Manager, or their designee, at the time a site specific request for the installation of improvements is made by the ultimate owner of the Tract as long as the site specific request is consistent with the site plan submitted as part of, and incorporated into, this petition, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. ,4~6nda Item, City of Naples, Florida Office ofthe City Clerk Memo To: Honorable Mayor and Members of City Council From: T~ra A. Norman, CLA, CMC, City Clerk Subject: V~cancies on Carver Finance Board of Director~ Date: October 21, 1997 REQUEST: That the Council appoint two member~ to th~ Board of Directors of Carver Finance, Inc., waivins the requirement for candidate interview. BACKGROUND: For some time we ham been seeking cendidetes to fill these two vacancies on this three-member boaxd. The vacates wer~ created by the expiration of the terms oflohrmy Cannon and C. Lodge Mc. Xee. Mr. Cannon has not requested reappointment, but Mr. McKee has indicated a willingness to serve another term. lames Whittaker, · City resident who serves az director of the River PaHc Recreation Center, has also agreed to serve on the Board. Attached are applications for Messrs. McKee and This Board normally meets only annually ~xl reviews the oper~on ofthe George Washington Carver Apartments which is built on land leased by the City. RECOMMENDATION: Therefore, so that the mmlal meeting may go forward in a timely manner, I recommend that the Cout~U appoint C. Lodge McKee and lames Whittaker to three year terms on the Board of D/recWrs'of Carver Finance, Inc., via the resolutions axtached which indicate that it is in the best interests of the City to forego the interview process. xc: Stnaxi Golden, Planning me ~ Ck7 dmWl A~btlou For Volunteer ~ervice Do you now bold public o~c~? !~o l/'a:), tv'mt ~ yc~ ~plc~-ed ~ ~e Ocy ot"~'l~ln or uy other A~c 7~ relau~ ~ ~ ct~oy~ !~ t,~ City of Napha? Do you now, or ~ 3mu ev~', ~ cas a Cit7 d'N~les board ot commitlm? V~. ,~fk,,,, f~i.~,~,,,',z ~o¢~orc~, ~o~'~'~--I '~ Yt~ whit is Ct~ of Naples Applicntion for Volunteer Service OCT A~yousCiwre. sident?~ Itso, l~wlon$'~ ., I .~ Registered voicr? )~ ~ ~ you now hold public office? ~ ~ ~ If so, w~t is ~t o~ce~ . ~ ] ~ you ~ploy~ by ~e Ci~ of Naples or ~y o~ go~e~l ~? ~ ~ ~ you related to ~yone ~ployed ~ ~e Ci~ of Naples? ~ ~ Do y~ now s~e, or have y~ ~v~r ~d, on · CiW of Naples ~d or co~n~? _ ~ ~ Fmeting off 11/5/97 RE SOLTUIO~ 97- A RESOLUTION APPOINTING A CITIZEN TO THE ~R FINANCE CORPORATIO~ BOARD OF DIRECTORS FOR A THREE YEAR TE~M; AND PROVIDING AN EFFECTIVE DATE. the term of C. Lodge McKee as a member of the Board of Directors of Carver Finance Corporation expired on April 5, 1997; and Section 2-268 of the Code of Ordinances allows the City Council to forego the candidate interview process if it is determined to be in the best interests of the City to do so; and it is in the best interests of the City to appoint C. Lodge McKee to the Board of Directors of Carver Finance Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That C. Lodge McKee is hereby appointed to the Board of Directors of Carver Finance Corporation for a three year term expiring November 4, 2000. Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGIILAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 5TH DAY OF NOVEMBER, 1997. Attest: Tara A. Norman, City Clerk Approved as to accuracy: Tara A. City Clerk p: \ RESN.E~CARVER1. DOC Bill Barnett, Mayor Approved as to form and legality by: ~ney RESOLTUION 97- Agenda Item /~> Meeting of 11/5/97 A RESOLUTION APPOINTING A CITIZEN TO THE CARVER FINANCE CORPORATION BOARD OF DIRECTORS FOR A THREE YEAR TERM; AND PROVIDING ANEFFECTIVE DATE. the term of Johnny Cannon as a member of the Board of Directors of Carver Finance Corporation expired on April 5, 1997; and Section 2-268 of the Code of Ordinances allows the City Council to forego the candidate interview process if it is determined to be in the best interests of the City to do so; and it is in the best interests of the City to appoint James Whittaker to the Board of Directors of Carver Finance Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That James Whittaker is hereby appointed to the Board of Directors of Carver Finance Corporation for a three year term expiring November 4, 2000. Section 2. This resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 5TH DAY OF NOVEMBER, 1997. Attest: Tara A. Norman, City Clerk Approved as to accuracy: T~ra A, Norma~, City Clerk p: \ J~Eb~qLl~ CAKVEJ~2. ~ Bill Barnett, Mayor Approved as to form and legality by: ~ney ..,.,...~_~,-~_ Staff Report to Naples City Council Subject: Appointment ora Selection Committee ~ From: Dr. Richard L. Woodruff, City. Manager Donald J.,SV4~.h, Ctommunity Services Director Prepared by: . ---- Recommend approval ACTION REQUIRED: Appointment ora Selection Committee to select a firm and the proposed design for redevelopment of the playground in Fleischmann Park. BACKGROUND: The 1997 & 1998 City Capital Improvements Program includes funding for redevelopment of the Fleischmann Park playground. The existing playground has equipment that fails to comply with Americans with Disabilities Act (ADA) and to Consumer Product Safety Commission (CPSC). The proposed redevelopment of this playground is consistent with intent to develop new or upgrade all existing City. of Naples playgrounds. ANALYSIS: The Communi~' Services Advisor' Board has approved a Design Competition Process. Equipment vendors and manufacturers have been invited to submit proposed designs. Those designs will be required to meet a rigid set of&sign standards and criteria. In order to proceed with the process, it is necessary that the City. Council name a Selection Committee in compliance with Florida State Statutes. The committee will receive design submittals from firms, rank those submittals and firms, and make recommendations to the City Council. The Community Services Advisor3.' Board Members have agreed to serve as the Selection Committee. It is recommended that there also be three community members and one member of the City Council appointed to the Committee. RECOMMENDATIONS: That the Cit.,,' Council approve the attached Resolution naming a Selection Committee to select a firm and its design for the redevelopment of the playground in Fleischmann Park. Z: WORDDATA DON' ~L~.MOS SELECCO.~IREQ-F'LEISH RESOLUTION NO. 97- Agenda item Meeting of 11/05/97 A RESOLUTION APPOINTING A SELECTION COMMITTEE FOR T~E PURPOSE HEREINAFTER SET FORTH, RELATING TO THE SELECTION OF A FIRM FOR THE REDEVELOPMENT OF THE PLAYGROUND IN FLEISCHMANN PARK; AND PROVIDING AN EFFECTIVE DATE. the City Manager has recommended that the hereinafter named persons be appointed to a Selection Committee relating to the selection of a firm for the redevelopment of the playground in Fleischmann Park, ranking the same in order of preference and bringing back its recommendation for the City Council to approve before beginning negotiations; NOW, THEReFOr, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, PLORIDA, Section 1. That the following individuals are hereby appointed~ to serve on a Selection Committee for the purpose of evaluating various firms and their qualifications and abilities to provide services relating to the redevelopment of the playground in Fleischmann Park. The Selection Committee shall interview interested firms, rank firms in priority order, and bring back its recommendation to the City Council prior to beginning negotiations: , Council Member community Services Advisory Board Members Ron Crouse, Community Services Department Three Community Members to be appointed by the Community Services Advisory Board Section This resolution shall take effect immediately upon adoption. C~ty 1 City Atto=ney