"Naples City Council Agenda - PDF"
Notice of Meeting and Agenda Naples City Council City Council Chamber, 735 Eighth Street South, Naples, Florida Mayor: Bill Barnett Vice Mayor: Penny Taylor City Council Members: Teresa Lee Heitmann, Gary B. Price II, John F. Sorey III, Margaret Sulick, William Willkomm III City Attorney: Robert D. Pritt · City Clerk: Tara A. Norman · City Manager: A. William Moss Welcome to today's City Council meeting. If you wish to address the Council regarding an item listed on this agenda, please complete a registration form at the rear of the room and place it in the Speaker Request Box located on the Council dais prior to consideration of that item. We ask that speakers limit their comments to 3 minutes and that large groups name a spokesperson whenever possible. Thank you for your interest and participation in City government. Regular Meeting Wednesday, August 19, 2009 8:30 a.m. All proposed ordinances and information on other items listed below, which have been provided in advance of this meeting, may be inspected in the office of the City Clerk, City Hall, or on the City of Naples website www.naplesgov.com or call the City Clerk's Office, 213-1015. All written, audio- visual and other materials presented to the City Council in conjunction with deliberations during this meeting will become the property of the City of Naples and will be retained by the City Clerk. 1. Roll call 2. Invocation and Pledge of Allegiance 3. Announcements Rick Wilkins Environmental Leadership Award 4. Set agenda (add or remove items) 5. Public Comment *** CITY COUNCIL WILL RECESS FROM 12:00 NOON – 1:30 P.M. *** NOTICE Formal action may be taken on any item discussed or added to this agenda. Any person who decides 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 auxiliary aids and services for this meeting may call the City Clerk's Office at 213-1015 with requests at least two business days before the meeting date. Regular Meeting of Wednesday, August 19, 2009 Page 2 Scheduled Agenda Items Some of the items on the following agenda may have been scheduled for an estimated time, however, none of the items will be considered EARLIER than the scheduled time. This schedule will be followed as closely as possible for the convenience of any citizen(s) wishing to address the Council. Items not listed at an estimated time, including the Consent Agenda, will be considered at the discretion of the Council and may be taken out of numerical order. CONSENT AGENDA 6. 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. City Clerk 6-a. Approval of Minutes. Minutes Community Services 6-b. Approve the following Special Event(s): Special Event(s) Approval (1) John Clay 5k Run – Gulf Coast Runners Club – Lowdermilk Park - 09/05/09 Community Services 6-c. Award a Contract for the provision of Award of Contract for the annual mulch for use in the City's medians, rights- provision of mulch of-way, cul-de-sacs, and parks: \ Vendor: Forestry Resources, Inc., Ft. Myers, FL \ Cost: $100,000 (annually) \ Funding: Parks and Parkways Operating Supplies Resolution 6-d. Approve a Collier County Fire Chiefs Police and Fire Association Local Mutual Aid Agreement Local Mutual Aid Agreement for the purpose of securing to each party the benefits of assistance in case of emergencies too extensive to be dealt with unassisted Regular Meeting of Wednesday, August 19, 2009 Page 3 Utilities 6-e. Approve a Third Amendment to an Third Amendment to Agreement to line Agreement for lining and repair services at and repair Sewer Pump Station 56 Sewer Pump Station 56 located at 1503 located at 1503 Marlin Drive Marlin Drive: \ Vendor: Florida Service Painting, Inc., dba Service Painting of Florida \ Cost: $30,480.70 \ Funding: CIP 09X03 – Wet Well Relining Resolution 6-f. Approve an Interlocal Agreement between City Manager the City of Naples and Collier County for Interlocal Agreement with Collier funding a portion of the Water Quality County for Outer Clam Bay Water Study for Outer Clam Bay in the amount of Quality Study $23,644 Resolution 6-g. Approve amending the 2008-09 Moorings City Manager Bay Special Taxing District budget Moorings Bay Special Taxing District adopted by Ordinance 08-12201 in the Budget Amendment for access channel amount of $18,200 for costs related to surveying surveying the Moorings Bay Access Channel 2 Resolutions 6-h. Approve the following as they relate to City Manager revisions to meeting requirements: Revisions to meeting requirements for Moorings Bay Citizens Advisory Committee and East Naples Bay (1) Amending Section 2(c) of Resolution Advisory Committee 06-11218 relating to the Moorings Bay Citizens Advisory Committee to eliminate the requirement for regular monthly meetings (2) Amending Section 2(c) of Resolution 08-12145 relating to the East Naples Bay Citizens Advisory Committee to eliminate the requirement for regular monthly meetings Regular Meeting of Wednesday, August 19, 2009 Page 4 Resolution 6-i. Approve an amendment to the Site Work City Manager Permit for Hole-In-The-Wall Golf Club, Hole-In-The-Wall Permit Modification Inc. for construction modifications in conjunction with renovations to the golf course waterways City Manager 6-j. Approve a proposed City Council 2010 City Council 2010 Proposed Meeting meeting schedule Schedule Resolution 6-k. Approve a Funding Agreement between City Manager the City of Naples and the U. S. Approval of a Funding Agreement under Department of Homeland Security under the Assistance to Firefighters Grant the Assistance to Firefighter Grant (AFG) (AFG) Program to provide wellness and Program to provide wellness and fitness fitness equipment equipment in the amount of $24,375 Resolution 6-l. Approve a Subrecipient Agreement City Manager between the City of Naples and Collier Approval of a Subrecipient Agreement County for funding under the Community for funding under the Community Development Block Grant (CDBG) Development Block Grant Program to Program to provide upgrades to the River provide upgrades for the River Park Park Community Center in the amount of Community Center $111,802 Resolution 6-m. Approve a Subrecipient Agreement City Manager between the City of Naples and Collier Approval of a Subrecipient Agreement County for funding under the Community for funding under the Community Development Block Grant (CDBG) Development Block Grant Program to Program to provide the design and provide the design and construction of construction of Cambridge-Perry Park in Cambridge-Perry Park the amount of $110,000 END OF CONSENT AGENDA Regular Meeting of Wednesday, August 19, 2009 Page 5 Resolution – Quasi-Judicial 7. Public Hearing to consider determining Planning Conditional Use Petition 09-CU5 and Conditional Use Petition 09-CU5 Residential Impact Statement Petition 09- Residential Impact Statement 09-RIS14 RIS14 pursuant to Section 50-103(e) of the Petitioner: Le Lafayette French Code of Ordinances, City of Naples, to Restaurant allow nighttime valet parking in order to Agent: Richard D. Yovanovich, Esquire meet the parking requirement and allow the Conditional Use to allow nighttime valet building expansion of Le Lafayette French parking in order to meet the parking Restaurant located at 375 13th Avenue requirement and allow the building South expansion of the restaurant Items 7 and 8 to be heard concurrently Resolution 8. Consider approving Right-of-Way Permit Streets and Stormwater Application 2009-68 to provide valet Right-of-Way Permit Application service for Le Lafayette French Restaurant 2009-68 for valet service at Le Lafayette located at 375 13th Avenue South; French Restaurant located at authorizing the City Manager to approve 375 13th Avenue South the Right-of-Way Permit Application Items 8 and 7 to be heard concurrently Resolution – Quasi-Judicial 9. Public Hearing to consider determining Planning Variance Petition 09-V4 from Section 56- Variance Petition 09-V4 41 of the Code of Ordinances, City of Petitioner: Villa Firenze Condominium Naples, in order to allow a propane- Association, Inc. powered generator to encroach 55 inches Agent: John S. Green into a required front yard along 4th Street Planning Advisory Board South for property located at 385-397 2nd Recommendation for Approval Avenue South Variance to allow a propane-powered generator to encroach 55 inches into a required front yard on 4th Street South Regular Meeting of Wednesday, August 19, 2009 Page 6 Resolution – Quasi-Judicial 10. Public Hearing to consider determining Planning Variance Petition 09-V5 from Section 58- Variance Petition 09-V5 914(9) of the Code of Ordinances, City of Petitioner: Koss, LLC dba The Back Naples, which allows installation of a Store ground sign for properties with at least 150 Agent: James M. Koss feet of frontage along U.S. 41 and allows Variance to allow a ground sign on ground signs to be 5.5 feet in height in property with less than 150 feet of order to allow a 7.5 foot tall ground sign on frontage along U.S. 41 located at 198 9th property located at 198 9th Street North Street North with approximately 50 feet of frontage on U. S. 41 Resolution – Quasi-Judicial 11. Public Hearing to consider determining Planning Petition 09-WD5 for a Waiver of Distance Waiver of Distance Petition 09-WD5 and Residential Impact Statement Petition Residential Impact Statement 09-RIS16 for Mulligan's Sports Grille Petition 09-RIS16 obtain a 4COP Alcoholic Beverage License Petitioner: Mulligan's Sports Grille within 500 feet of other established located at 2035 9th Street North licensees that serve alcohol in the HC, Waiver of Distance Petition in order for Highway Commercial District located at Mulligan's Sports Grille to obtain a 2035 9th Street North 4COP Alcoholic License Resolution – Quasi-Judicial 12. Public Hearing to consider determining Planning Petition 09-WD6 for a Waiver of Distance Waiver of Distance Petition 09-WD6 for Leoni's Pizzeria in order to obtain a Petitioner: Leoni's Pizzeria 2COP Alcoholic Beverage License within Waiver of Distance Petition to allow 500 feet of other established licensees that Leoni's Pizzeria located at 318 9th Street serve alcohol in the D, Downtown District North to obtain an alcoholic beverage located at 318 9th Street North license Resolution – Quasi-Judicial 13. Public Hearing to consider determining Planning Petition 09-SPD2 for Approval of a Site Site Plan with Deviations Plan with Deviations consisting of 12 Petition 09-SPD2 detached residential units for Naples Petitioner: Rothchilds International Casamore located at 1676 – 1708 Gulf Realty Shore Boulevard North Agent: Mike Sardinas Site Plan with Deviations Petition in order to construct a development consisting of 12 detached residential units Regular Meeting of Wednesday, August 19, 2009 Page 7 First Reading of an Ordinance 14. Consider an ordinance relating to the Community Services Community Services Board; amending Amending meeting requirements for the Subsection (c) of Section 2-502, amending Community Services Advisory Board Subsections (a) (2), (3) and (4) of Sections 2-503 and amending Subsection (a) of Section 2-504 of the Code of Ordinances, City of Naples, for the purpose of revising Community Services Advisory Board meeting frequency, off-site meeting locations, and timing of annual report submittal Utilities 15. Ratify and confirm the actions of the City Ratify and confirm the actions of the City Manager in awarding a contract for the Manager to award a contract for construction of an Aquifer Storage and construction of an Aquifer Storage and Recovery (ASR) test well at the Recovery (ASR) test well Wastewater Treatment Plant located on Riverside Circle: \ Vendor: Diversified Drilling Corporation, Tampa, FL \ Cost: $783,783 \ Funding: CIP 09K53 – Alternative Water Supply Utilities 16. Consider awarding a Contract for the Award of Contract for hauling and hauling and disposal of bio-solids from the disposal of bio-solids from the Wastewater Treatment Plant: \ Vendor: Wastewater Treatment Plant Prolime Corporation, Washington, MI \ Cost: $177,600 annually \ Funding: FY 2010 Water Sewer Fund – Other Contractual Services Resolution 17. Consider a resolution relating to water, Finance irrigation water, sewer and stormwater Annual adjustment to utility service rates rates, amending Section 30-36 of Appendix "A", Fees and Charges Schedule, of the Code of Ordinances of the City of Naples to reflect existing annual rate adjustments by index and to correct a billing increment inconsistency for the one-inch meter Regular Meeting of Wednesday, August 19, 2009 Page 8 Resolution 18. Consider approving, ratifying and City Manager confirming the Contract between the City Ratification of contract by American of Naples and the American Federation of Federation of State, County and State, County, and Municipal Employees Municipal Employees (AFSCME) (AFSCME) Union, AFSCME Council 79 of Local 2017 First Reading of two Ordinances 19. Consider amending the Code of City Manager Ordinances, City of Naples, as it relates to Amending the Code of Ordinances the Professional Firefighters of Naples, relative to the Professional Firefighters of IAFF Local 2174: Naples, IAFF Local 2174, Firefighters' Pension and Retirement System (a) An Ordinance amending Chapter 29, Article IV, Firefighters' Pension and Retirement System; amending Section 29- 231, Contributions, removing obsolete language; amending Section 29-232, Requirements for Retirement; reducing certain benefits as provided in the Collective Bargaining Agreement between the City and Firefighters' Union; providing for the repeal of conflicting provisions; providing if any portion of this Ordinance is determined to be invalid, the entire Ordinance shall be null and void (b) An Ordinance amending Chapter 29, Article IV, Firefighters' Pension and Retirement System; amending Section 29- 232, Requirements for Retirement; restoring the benefits reduced by Ordinance No. A; providing for the repeal of conflicting provisions; providing if any portion of this Ordinance is determined to be invalid, the entire Ordinance shall be null and void Planning 20. Discussion of Level of Service Standards Annual Level of Service Report for Park, Recreation and Open Space Facilities Public Comment Correspondence and Communications Adjourn