City of Marco Island Florida
City Council Meeting Agenda
Chairwoman: Terri DiSciullo
City Council: Ted Forcht, Chuck Kiester, Michael F. Minozzi Jr.,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Monday, January 8, 2007, 5:00 PM
Frank E. Mackle Jr. Community Park, 1361 Andalusia Terrace
Marco Island, Florida
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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard.
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
To be determined
3. APPROVAL OF AGENDA
4. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
5. CONSENT AGENDA
All matters listed under this item are considered routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of Council, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for December 4, 2006 (Regular Meeting)
(B) Approval of Arts Advisory Committee Policies and Guidelines
(C) Approval of Utility Work Agreement with FDOT for Jolley Bridge Project
(D) Amendment to Citywide Traffic Signal Project
(E) Award of Contract – Financial Advisor
(F) Award of Contract – Lime Reactor Clarifier Rehabilitation
(G) Award of Contract – Design of Electrical Building and Modification to Deep Injection Pump Station
6. PRESENTATIONS
(A) Employee of the Month for January.
7. BUSINESS
(A) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend Chapter 30, the Land Development Code, to Amend Criteria Relating to Building Heights for Mixed Residential and Commercial Uses and to Prohibit Mixed Use in Overlay District Two-D (Community Center Sub-District.)
(B) ORDINANCE – First Reading & Public Hearing, An Ordinance to Amend Chapter 30, the Land Development Code, to Amend Section 30-184 Conditional Uses of the C-1 and C-1/T Commercial Zoning Districts, to Provide a New Conditional Use Section for a Continuing Care Retirement Community (CCRC).
(C) ORDINANCE – First Reading & Public Hearing, An Ordinance to Amend Chapter 30, Concurrency Management.
(D) RESOLUTION – A Resolution Urging the Florida Legislature to Support Key Issues During the 2007 Legislative Session.
(E) RESOLUTION – A Resolution to Amend the Personnel Rules and Regulations Manual.
(F) DISCUSSION – Reuse Rate Study.
(G) DISCUSSION – FY08 Budget Calendar.
(H) DISCUSSION – Award of Contract – Construction of Year 2 Lift Stations.
8. COUNCIL COMMUNICATIONS AND DISCUSSION
9. FUTURE AGENDA
10. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
11. ADJOURN
We encourage our citizens to participate in the governing of Marco Island. Public comments are appreciated. We respectfully ask our citizens to be courteous, and to respect the rights of others to petition City Council and express their opinions.
We also ask that Public comment be limited to four minutes. The timekeeper located on the City Clerk’s desk is there to assist citizens with keeping track of the four-minute public comment period. The green light will change to a flashing green light when the speaker has two minutes remaining; the light will turn yellow when one minute remains; the light will turn red and a tone will sound when time has expired.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(B) Prepared By: Laura Litzan, City Clerk Date: January 2, 2007 |
Agenda Section: Business: Consent |
Subject: Approval of Arts Advisory Committee Department: City Council Policies and Guidelines |
BACKGROUND:
City Council is asked to approve the Arts Advisory Committee Policies and Guidelines.
The Arts Advisory Committee (AAC) was created by City Council by Ordinance number 04-20 on November 1, 2004. Council approved the AAC’s goals and objectives on January 3, 2006.
One of the AAC’s objectives was the development of policies and guidelines for the evaluation of pubic art and the acceptance of donations. These policies and guidelines provide a framework for the consideration and acquisition of public art, as well as direction to those seeking to donate works of art to the City. As the mission of the AAC evolves, it is expected that these initial policies and guidelines will require periodic updating and revising.
RECOMMENDED ACTION: Approve AAC Policies and Guidelines.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(C) Prepared By: Rony Joel, Public Works Director Date: November 27, 2006 |
Agenda Section: Business: Consent Agenda |
Subject: Approval to Execute a Utility Work Agreement Department: Marco Island Utilities to FDOT for the Jolley Bridge Project |
BACKGROUND:
City Council is asked to adopt a resolution and execute a Utility Work Agreement with the Florida Department of Transportation (FDOT) for the S.S. Jolley Bridge Project.
The FDOT proposes to construct or re-construct a transportation facility known as the S.S. Jolley Bridge Project, S.R. 951, Collier County, FDOT Project No. 195410-1-52-01.
The City currently has a 16” water line on the existing bridge and a 30” water line under the Marco Island River. The 16” and 30” pipe will eventually need to be replaced. This agreement will ensure that if a new bridge is ever built, the City will have the option, at that time, to mount new pipes on the new bridge. Based on this agreement, FDOT will incorporate into the current design the capability to mount the future pipes. This is documented in Exhibit A of the agreement (Utility Work Schedule and Utility drawings attached).
In order for the FDOT to proceed with the Project and allow the City to use the bridge structure for Utility pipe support, it is necessary for the Marco Island Utilities to execute and deliver to the FDOT an agreement identified as “Utility Work Agreement (at UAO’s sole expense) FPI: 195410-1-52-01.”
The resolution and agreement is presented.
RECOMMENDED ACTION:
Adopt the resolution and authorize the City Council Chairwoman to execute the Utility Work Agreement with the FDOT.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(D) Prepared By: Rony Joel, Public Works Director Date: January 2, 2007 |
Agenda Section: Business: Consent Agenda |
Subject: Amendment to the Citywide Traffic Signal Project Department: Public Works Engineering |
BACKGROUND:
City Council is asked to authorize the City Manager to modify the existing contract with Horsepower Electric for the addition of the Barfield/Collier Traffic Signal and the Video Detection System.
City Council on June 5th, 2006 approved the Award of contract for the Citywide Traffic Signal Improvements to Horsepower Electric in the amount of $1,477,750. This award was to install signals at seven (7) locations. The original bid proposal included eight (8) intersections; however the North Collier Boulevard and Barfield Drive intersection was excluded due to questions on funding.
The signal upgrades were designed several years ago, utilizing the technology available at that time. During the last several years the signal technology has greatly improved. The newest technology for detection of vehicle movements for turning is to use video detection. The Iteris Vantage Edge 2 video system is currently specified and used on all the Collier County Traffic Signal Projects and is the state of the art in video detection.
After June 5th, 2006, staff evaluated the reimbursement from the Federal Highway Administration for damages to our signals from Hurricane Wilma. These additional funds and the funds from land development agreements from the Esplanade and the Hideaway Beach PUD have increased our available funds for the Traffic Signal Improvements. In addition, funds from the San Marco Road and Bald Eagle Drive Intersection Project will contribute to the total.
Therefore, the requested contract modification is for the addition of the signal improvements for North Collier Boulevard at Barfield Drive and to install video detection systems at all eight (8) traffic signal systems. The additional cost to the project will be $449,090 ($275,970 for the Barfield Signal and $173,120 for the video detection system).
The total revised contract amount will be $1,926,840.
RECOMMENDED ACTION:
Authorize the City Manager to sign the requested Contract Modifications for Citywide Traffic Signal Improvements in the sum of $449,090 with Horsepower Electric.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(E) Prepared By: William P. Harrison Date: December 8, 2006 |
Agenda Section: Business: CONSENT AGENDA |
Subject: FINANCIAL ADVISOR CONTRACT Department: Finance |
BACKGROUND: City Council is requested to consider authorizing the City Manager to execute a Financial Advisor Services Agreement with Fifth Third Securities, Inc.
When the City needs to access the bond market for funding for capital projects, the Financial Advisor assists the City in structuring the debt, preparing the bid packages and analyzing the bid results, coordinating the work required of the City Attorney and Bond Counsel, and working with bond rating agencies and bond insurers to obtain the best possible rates for the City.
For the past four years, the City has been working with Mr. John White of First Southwest Company. Mr. White has now severed employment with First Southwest and is with Fifth Third Securities, Inc., the financial advisory department of Fifth Third Bank. We have enjoyed a professional, productive relationship with Mr. White and would recommend that the City enter into a new three year contract for Financial Advisor services with Fifth Third Securities, Inc. The fee schedule with Fifth Third is identical to the fee schedule with First Southwest.
RECOMMENDED ACTION: Authorize the City Manager to execute a three-year Financial Advisory Services Agreement with Fifth Third Securities, Inc.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(F) Prepared By: Rony Joel, Public Works Director Date: December 28, 2006 |
Agenda Section: Business: Discussion |
Subject: Contract Award for NWTP Lime Reactor Department: Marco Island Utilities Clarifier Rehabilitation |
BACKGROUND:
City Council is asked to award a contract for North Water Treatment Plant (NWTP) Lime Reactor Clarifier Rehabilitation.
The Lime Reactor/Clarifier at the NWTP has been in service for many years and requires rehabilitation to provide continued reliability of service. Rehabilitation requirements are based on field inspection by equipment manufacturer, our consultant and staff.
This is a rebid for this project. The original bid opening on June 31, 2006, resulted in a lowest bid of $555,532. The original bid included rehabilitation work for both the lime reactor/clarifier and the media filters. At the time the total bid amount was greater than the budget for the project. For the rebid, the lime reactor/clarifier rehab and the filter rehab has been separated. The filter rehabilitation has not been rebid to date.
A Request for Bid (RFB) was issued for rehabilitation of the lime softening reactor only. Included in the bid package were additional rehabilitation options. Four bids were received:
The apparent low bidder is Quality Enterprises at $398,125 without options.
This project is CIP project number 14 with a total budget of $424,000. Cost will be applied to CIP budgets as follows: All $424,124 of CIP project number 14 will be utilized, and the balance will be drawn from Filter Upgrade – North Plant CIP project number 13. Staff may self perform certain components of the proposed options.
RECOMMENDED ACTION:
Authorize the City Manager to execute into a contract with Quality Enterprises to perform NWTP Lime Reactor Clarifier Rehabilitation with a not to exceed cost of $493,125.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 5(G) Prepared By: Rony Joel, Public Works Director Date: December 21, 2006 |
Agenda Section: Business: |
Subject: Award of Contract for Design of the New Electrical Department: Marco Island Utilities Building and the Modification to the Deep Well
Injection Pump Station |
BACKGROUND:
City Council is asked to consider an award of contract for the design of a new electrical building and a deep well injection pump station.
At the present time available space on the wastewater treatment plant site is very limited so much so that some existing structures must be demolished to free up areas for new construction. The conversion of the biological treatment process to an MBR process eliminates the need for one of the two existing effluent filters. The extra filter will be converted to a new chlorine contact tank to meet the additional plant flow needs. This will allow the conversion of one of the current small chlorine contact tanks to a new electrical building to serve the new finished water reservoir lift station and the MBR system.
On December 4, 2006, Council approved the design/build of the wastewater injection well. The pump station that will serve this new well requires modification. The reason to accomplish this modification now is that the location of the existing wet well is within 50 feet of the proposed location of the new finished water reservoir. The Department of Environmental Protection (DEP) requires a minimum of 50 feet separation between a water and wastewater treatment facility. To optimize the location of the new finished water reservoir on the new site acquired requires that the injection pump station modifications be implemented now.
Staff has negotiated with the current design engineer Camp, Dresser and McKee (CDM) a scope, budget and schedule and staff recommends that a contract in the amount of $193,660 (Electrical Building - $137,610; Pump Station - $56,050) be awarded to CDM.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a contract with CDM for the design of a new electrical building and modification to the deep well injection pump station for a fee of $193,660.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 6(A) Prepared By: A. William Moss, City Manager Date: January 2, 2007 |
Agenda Section: Presentations: |
Subject: Employee of the Month for January Department: City Council |
BACKGROUND:
Mike Teel has worked for the utility department for almost 15 years. He is a leader who is capable of operating both the lime softening plant and the reverse osmosis plant. Mike’s vast knowledge of the City’s water systems makes him a great resource of information. Mike takes it upon himself to train new employees in the intricate details of the operations of our water facilities. Mike has become a valuable asset to the water plants, the utility, and the City of Marco Island.
Mike’s understanding of the computer operations program has enabled him to help other operators in establishing regulatory compliance reporting, process control reports, and daily operating report. His knowledge of this program has been valuable in setting up reports for process control, engineering data, and regulatory compliance.
Mike’s recent leadership during a major equipment failure resulted in an innovative solution to be implemented. This solution enabled the utility to provide continued service and saved the utility significant cost.
RECOMMENDED ACTION:
Present “Employee of the Month” award.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 7(A) Prepared By: Bryan Milk, City Planner Date: December 15, 2006 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Amendment to Chapter 30 to the Land Development Code to provide regulations for mixed residential & commercial Development. Department: Community Development |
BACKGROUND:
Pursuant to direction of City Council at the October 23, 2006 public workshop with the Planning Board regarding Growth Management and density, Council directed staff to consider further amendments to the Marco Island Land Development Code (LDC). The first ordinance (attached) provides changes to building heights for mixed use development within specified Commercial Overlay Districts, and eliminates mixed use within the Community Center Sub-district. The second ordinance (companion to this item) considers an amendment to the C-1 zoning district to permit a continuing care retirement community (CCRC) as a conditional use within the district, and recommends that units and suites within a care facility not be considered residential density.
Prior to formulating amendments to the City’s Land Development Code, staff conducted several meetings, and received considerable input from the public including Kathryn Sullivan, president of MICA; Joe McMackin, attorney for NCH Healthcare Systems; and Jack B. Ullrich, director of corporate real estate for NCH. During these meetings, MICA disclosed that current deed restrictions prohibit independent dwelling units from being developed on the NCH Healthcare Systems property. MICA recommended that staff remove all density from this site, as well as all density allocated for the entire Community Center Sub-district which encompasses the NCH campus, City Hall, and Doctor Guidry’s office.
Joe McMackin asked staff to consider leaving the density for the Community Center Sub-District in place in order to preserve the density (144 units) allocated for the NCH Healthcare Systems property (12 acres). Mr. Ullrich disclosed that NCH had no immediate plans for developing a continuing care retirement community on-site, and asked staff to reserve their development rights for future consideration.
In order to accomplish these objectives, staff prepared two ordinances for Council’s consideration. The Planning Board unanimously approved amendments to the mixed use regulations, and helped develop two maps summarizing the proposed changes. The proposed maps are attached. The following information summarizes the Planning Board’s recommendation to Council which reduces building heights for mixed use development within specified Commercial Overlay Districts, and eliminates mixed use within the Community Center Sub-district:
1). Mixed use was eliminated in the Community Center Sub-district. (Note: Eliminating mixed use from the Community Center Sub-district equates to a total of 210 dwelling units.);
2). The maximum building height was changed from 35 feet to two stories not to exceed 35 feet within the C-1 zoning district of the Collier Boulevard Pedestrian Tourist Sub-district;
3). The maximum building height was changed from 35 feet to two stories not to exceed 35 feet within the C-1 zoning district of the Barfield Sub-district;
4). The maximum building height was changed from 50 feet to four stories not to exceed 50 feet within the C-3 zoning district of the Collier Boulevard Pedestrian Tourist Sub-district;
5). The maximum building height was changed from 50 feet to two stories not to exceed 35 feet within the C-3 zoning district of the Barfield Sub-district; and
6). Section 7 of the proposed ordinance provides an immediate effective date for eliminating mixed use in the Community Center Sub-district, and provides two years for reducing building heights.
Previously, City Council and the Planning Board considered changes to criteria regarding mixed use development. At Council’s meeting of August 21, 2006, and after several public meetings and workshops, Council approved changes regulating residential floor area ratios for mixed use development; criteria for conditional use review; and deletion of mixed use in the Overlay District Two-a. The following information summarizes these changes:
1). The prescribed floor area ratio for residential and commercial uses within mixed use developments in the C-1 and C-3 zoning districts was changed from 67% to 50%, (this change did not effect the Town Center District residential floor area ratio of 75%);
2). Eliminated mixed use from Overlay District Two-a. (Collier Boulevard Pedestrian Sub-District). This in effect reduced density by 48 dwelling units. Six (6) dwelling units are currently developed in this Sub-district, located at the northeast corner of Saturn Court and Collier Boulevard; and
3). The proposed amendment provided four additional review criteria for mixed use in each of the commercial overlay districts.
Changes to the Town Center Sub-district were not considered during either amendment due to unique commercial characteristics and residential diversity of this area. Staff is presently evaluating the Town Center Sub-district, and will be presenting recommendations to Council once public workshops are completed and the Planning Board considers the matter.
Companion to this item is an ordinance amendment providing a Continuing Care Retirement Community (CCRC) as a conditional use within the C-1 zoning district. This item should be discussed concurrently as it provides that that units and suites provided in a CCRC shall not be considered residential density.
RECOMMENDED ACTION:
Conduct public hearing and adopt Ordinance on first reading.
Reviewed by Department Director Reviewed by City Manager |
Council Action: Motion by: Second by: |
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 8, 2007
Agenda Item: 7(B) Prepared By: Brian Milk, City Planner Date: December 15, 2006 |
Agenda Section: Business: Ordinance – First Reading |
Subject: Amendment to Chapter 30 of the Land Development Code to allow a CCRC in the C-1 zoning district as a conditional use. Department: Community Development |
BACKGROUND:
The purpose of this agenda item is for the City Council to consider changes to the City’s Land Development Code (LDC) to provide a continuing care retirement community (CCRC) in the C-1 zoning district as a conditional use. This item is companion to an ordinance amendment to change building heights for mixed use development within specified Commercial Overlay Districts, and eliminates mixed use within the Community Center Sub-district.
Pursuant to City Council direction at the October 23, 2006 public workshop with the Planning Board, Council directed staff to consider changes to the Marco Island Land Development Code. After several meetings and considerable input from the public, including the Marco Island Civic Association (MICA), and NCH Healthcare Systems, the Planning Board recommended 6 to 1 to approve the following changes to Section 30-184(12) of the City’s Land Development Code. Mr. Bill Patterson voted in opposition to the proposed amendment because MICA considers independent and assisted living units as residential density, and providing for additional density is not endorsed by MICA.
The following proposed amendments shown with underlined text, represents new language provided to amend Section 30-184 of the Land Development Code in order to add Subsection (12) which proposes a continuing care retirement community as a conditional use within the C-1 zoning district:
(12) Continuing Care Retirement Community (CCRC) subject to the following criteria:
Continuing Care Retirement Community (CCRC) means a continuum of care living environment, licensed by the department of insurance of the state pursuant to Chapter
651, Florida Statutes, that provides for independent, assisted and skilled nursing care, shelter, food, nursing care and personal services as defined in Section 400.402(17), Florida Statutes.
a. The CCRC complex together with the individual living units shall be under common ownership. Living units shall not be individually sold, transferred or conveyed to a third party such that fee simple ownership of an individual living unit is separated from the remaining living units. Resident payments for living units may be through an endowment or individual living units may be rented together with accompanying maintenance fees for health care services.
b. A helipad shall be provided on sites greater than 10 acres. The helipad shall be reviewed and approved by the Federal Aviation Administration (FAA). The Board of Zoning Appeals may waive this requirement if there is sufficient evidence that the FAA will not approve a helipad on the site.
c. Interconnection and shared use of driveways and sidewalks shall be provided throughout the site and made available to abutting commercial property.
d. In conjunction with the CCRC the operator shall provide as a community service a walk-in medical clinic staffed with qualified healthcare professionals, which shall include at a minimum a nurse practitioner with a physician on call. The clinic shall be open to the public 24 hours a day and 7 days a week, and can be co-mingled within the CCRC facility | 
