THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairman: Michael F. Minozzi, Jr.
City Council: John A. Arceri, Heyward E. Boyce, Terri DiSciullo, Vickie Kelber,
S. Jeannette K. Patterson, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting Monday, June 16, 2003, 6:00 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
Greg Niles, Community Development Director
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for June 2, 2003 (Regular Meeting)
5. PRESENTATIONS
(A) Comprehensive Plan Elements - Greg Niles, Community Development Director
6. BUSINESS
(A) ORDINANCE(S) - Second Readings & Public Hearings:
1. An Ordinance Repealing City of Marco Island Ordinance 03-04, Which Adopted the Small Scale Comprehensive Plan Amendment for Petition SSCPA-03-02, Assigning "Community Commercial" Future Land Use Designation for a 0.54 Acre Parcel of Land Described as the East 300 Feet of Tract "C", Marco Beach Unit 17 (Moran's Barge Marina).
2. An Ordinance Repealing City of Marco Island Ordinance 03-05, Which Adopted Petition R-02-02, hanging the Zoning Classification for a 0.54 Acre Parcel of Land Described as the East 300 Feet of Tract "C", Marco Beach Unit 17 from "A-ST" to "C-4" for Redevelopment of a Commercial Marina, Restaurant and Hotel (Moran's Barge Marina).
3. An Ordinance Repealing City of Marco Island Ordinance 03-07, Which Adopted the Small Scale Comprehensive Plan Amendment for Petition SDCPA-03-01, Assigning "Community Commercial" Future Land Use Designation for a 0.38 Acre Parcel of Land Described at Tract "L', Marco Beach Unit 5.
4. An Ordinance Repealing City of Marco Island Ordinance 03-08, Which Adopted Petition R-03-01, Changing the Zoning Classification for a 0.38 Acre Parcel of Land Described at Tract "L", Marco Beach Unit 5, From "RSF-3" to "C-1/T" for Professional Office Development.
(B) RESOLUTION - Retirement Health Savings Plan.
(C) RESOLUTION - Public Hearing - Final District IV Sidewalk Assessment Resolution.
(D) DISCUSSION - Award of Contract for District IV Sidewalk Improvement.
(E) RESOLUTION - Permanent Educational Facilities for Marco Island Charter Middle School.
(F) DISCUSSION - Public Hearing - Land Acquisition of an Approximate 1.78 Acre Parcel Located Between Whiteheart Avenue and Andalusia Terrace with 400' Frontage on Leland Way, Further Described as Tract R-C, a Replat of Marco Beach Unit 25, Marco Island.
(G) DISCUSSION - Local Agency Program Agreement - Goodland Drive Pathway Improvements.
(H) DISCUSSION - Interlocal Agreement with District School Board for Collier Creek Dredging.
(I) DISCUSSION - Beach Renourishment and Public Beach Access.
6. COUNCIL COMMUNICATIONS AND DISCUSSION
7. FUTURE AGENDA
8. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
9. 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.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: 6(A) Prepared By: K. Greg Niles
Date: June 3, 2003
Agenda Section: Public Hearings – Ord. 2nd Reading
Business:
Subject: Ordinances to Repeal Ordinance 03-04, Department: Community Development
Ordinance 03-05, Ordinance 03-07 &
Ordinance 03-08
BACKGROUND:
At the meeting of June 2, 2003, City Council unanimously adopted on first reading four separate ordinances to repeal previously approved ordinances 03-04, 03-05, 03-07 and 03-08.
Attached for Council's consideration on second reading are four (4) ordinances addressing the following:
1. An ordinance to repeal Ordinance 03-04, which amended the future land use map designation from "conservation/preservation" to "community commercial" at Moran's Barge Marina.
2. An ordinance to repeal Ordinance 03-05, which changed the zoning classification from "A-ST" to "C-4" for property at Moran's Barge Marina.
3. An ordinance to repeal Ordinance 03-07, which amended the future land use map designation from "low density residential" to "community commercial" for Tract "L", Marco Beach Unit 5.
4. An ordinance to repeal Ordinance 03-08, which changed the zoning classification from "RSF-3" to "C-1/T" for Tract "L", Marco Beach Unit 5.
RECOMMENDED ACTION:
Conduct required public hearings; motion to adopt ordinances, individually, on second reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: 6(F) Prepared By: K. Greg Niles
Date: June 3, 2003
Agenda Section: Public Hearing/Land Acquisition
Business:
Subject: Purchase of Tract "R-C", a 1.78 acre parcel Department: Community Development
Located between Whiteheart Ave. & Andalusia
Terrace with 400' frontage on Leland Way
BACKGROUND:
This public hearing has been scheduled to consider the purchase of a 1.78 acre parcel of land known as Tract "R-C". The subject property runs between Whiteheart Avenue and Andalusia Terrace, and has approximately 400 feet of frontage along Leland Way. The property contains 800' linear feet of utility easement, which will be used to accommodate the Racquet Center to Tracts "C" and "D" pathway system.
For nearly a year the City has been pursuing acquisition of this property. In August 2002 a City commissioned appraisal placed the value of the property from $67,500 to $103,000. The prior owner had agreed to a purchase price of $103,000, but gifted the property to the Charter Middle School before a transaction could be concluded. The Middle School Board of Directors considered the City's offer to purchase, and has agreed to sell the property for $103,000.00. Acquisition of the property was anticipated, and incorporated into the current FY 2003 budget.
The subject parcel is zoned RSF-4 (residential single family) but deed restricted to recreation and open space purposes. The acquisition is intended to facilitate development of the pathway system, and to provide other active and passive open space opportunities.
RECOMMENDED ACTION:
Conduct required public hearing; motion to authorize the City Manager to acquire Tract "R-C".
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: Prepared By: Vladimir A. Ryziw, P.E., PMP, Director
6(C) Date: June 11, 2003
Agenda Section:
Business – Resolution
Subject: Final Assessment Resolution Department: Public Works
District IV Sidewalk Improvement Project
BACKGROUND (Also refer to companion agenda tem for District IV sidewalk contract award):
On April 7, 2003 City Council created the District IV Sidewalk Improvement Project through enactment of Initial Assessment Resolution No. 03-20. The Resolution listed the locations of proposed sidewalks within the assessment district. The Resolution further called for a notice to affected property owners and a public hearing on June 16, 2003. Recently, as part of budget discussions the City Manager recommended that City Council consider deleting $2 million from the FY 03 capital improvement budget to allow City Council more latitude in the consideration of projects for the Five-Year Capital Improvement Plan (CIP) as presented on May 9.
While City Council has not completed its review of the proposed CIP, bids for the sidewalk construction were accepted in order to have accurate assessment costs for the June 16 public hearing and Final Assessment Resolution, and to allow sufficient time to complete the project this fiscal year if Council opts to proceed with the project. City Council is asked to approve a Final Assessment Resolution as discussed below subject to a final decision on the Five-Year CIP.
Stemming from City Council authorization to date, staff has completed the following actions:
1. Concluded the Assessment Roll on May 15, 2003.
2. On May 16, 2003 issued a standard form letter along with an assessment statement to each property owner within the Assessment Area. The letter also advised each property owner of the scheduled public hearing before City Council on June 16, 2003.
3. Issued a legal provision to each property owner as part of item 2 above, advising that properties under development which construct sidewalks as part of building permits would be excluded from the Final Assessment Roll.
4. Obtained construction bids for sidewalk improvements with a recommendation for contract award before City Council on June 16, 2003.
5. Published a notice of the June 16, 2003 public hearing on the Final Assessment Resolution in the Naples Daily News on May 27, 2003 and June 10, 2003.
In conjunction with the receipt of sealed construction bids on May 14, 2003, staff has prepared a Final Assessment Resolution for City Council approval and public commenting as part of the public hearing process required by Ordinance No. 99-1. The attached Final Assessment Resolution is presented to confirm City Council’s prior actions under the Initial Assessment Resolution and also serves to modify the Initial Assessment Resolution with regard to construction costs and assessments to be levied against property owners.
As a separate but companion agenda item, staff is recommending a construction contract award for sidewalk improvements to Quality Enterprises USA, Inc. in the amount of $269,409.07, conditioned on the subsequent approval of the Final Assessment Resolution and final City Council decisions (at the planned June 18, 2003 workshop) on the Five-Year CIP.
PROJECT FINAL ASSESSMENT
ITEMS RESOLUTION
Basis of Costs Sealed Construction Bids
4’ Wide Sidewalk 9,333.00 Linear Feet
Total Assessment $229,871.79
Unit Assessment $ 24.63 per Linear Foot
City Drainage Work $ 69,857.50
City Sidewalk Tie-Ins $ 33,078.01
Total Project Cost $332,807.30
Attachments with this agenda item include:
A) Final Assessment Resolution.
B) Three letters from property owners commenting on the proposed assessments.
C) Assessment Roll.
RECOMMENDED ACTION: Receive public comments on the District IV Sidewalk Improvement Project, including review of the attached three letters from property owners. Staff recommends that City Council approve the attached Final Assessment Resolution subject to final City Council decisions on the Five-Year CIP (planned for the June 18, 2003 workshop).
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: Prepared By: William P. Harrison
6(B) Date: June 9, 2003
Agenda Section:
Business: RESOLUTION
Subject: Retirement Health Savings Plan Department: Finance
BACKGROUND: The Internal Revenue Service has recently revised the tax code to allow organizations to establish a deferred compensation plan to pay for post-employment health care. Under this plan, employees elect to have a fixed amount of money withheld from each paycheck and deposited into an investment account. Deposits into the account are treated as a reduction of gross income for tax purposes. Post-employment, employees can access this account to pay medical expenses, with money coming out of this account tax-free. There is no cost to the City to establish this plan and employees may participate on an individual basis.
All employees are eligible to participate and may contribute from a minimum of 5% of base pay up to 100% of pay. Expenses eligible to be paid for from this plan include medical insurance premiums and out of pocket expenses, Medicare Part B and Medicare supplement premiums, COBRA premiums, long-term care premiums, dental insurance premiums and out of pocket expenses, and vision and hearing aid expenses.
The City provides employee benefits through a cafeteria plan, with each employee receiving a benefit allowance that can be used to purchase benefits such as health insurance, life insurance, long-term disability insurance and retirement benefits. This Retirement Health Savings Plan will be an additional option available to employees for use of their benefits allowance.
RECOMMENDED ACTION: City Council approval of the attached resolution establishing a Retirement Health Savings Plan for the City of Marco Island.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: Prepared By: K. Greg Niles
5(A) Date: June 10, 2003
Agenda Section: Presentation
Business:
Subject: Update – Large Scale Comprehensive Department: Community Development
Plan Amendment
BACKGROUND:
For the past several weeks staff has been working on a Large-scale Comprehensive Plan amendment. The primary focus of the large-scale amendment is to revise the Future Land Use Element of the adopted Plan. The Future Land Use Element includes the Future Land Use Map; goals, objectives and policies; and supporting Data and Analysis text. The following is representative of staff's efforts to date, pending assignments, and tentative schedule for hearings.
A. Future Land Use Map (FLUM)
Attachment 1 identifies eight (8) proposed changes to the existing FLUM. The eight changes are as follows:
1. Marriott property – change the FLUM designation for this property from "Resort Residential" to "PUD".
2. W. Elkcam Circle – change the FLUM designation for this area from "Town Center / Mixed Use" to "High Density Residential". This change reflects the current built-out environment, compliments use restrictions in the area, and recognizes the true density as 16 units/acre versus 12 units/acre.
3. Glon property – changes the FLUM designation for this property from "Town Center / Mixed Use" to "PUD".
4. Hartley Avenue/Tallwood Street – changes the FLUM designation for this area from "Town Center / Mixed Use" to "High Density Residential". This change reflects the current built environment, compliments use restrictions in the area and abutting MF area, and recognizes a density potential of 16 units/acre versus 12 units/acre.
5. City Hall Complex – changes the FLUM designation from "Community Commercial" to "Community Facility".
6. Tract "R-C" - changes the FLUM designation for this property from "Residential Single Family" to "Community Facility".
7. Tract "L", MB Unit 5 – changes the FLUM designation from "Residential Single Family" to "Community Commercial". City Council had previously approved this change under the challenged small-scale amendment process.
8. Moran's Barge – changes the FLUM designation from "Preservation/Conservation" to "Community Commercial". City Council had previously approved this change under the challenged small-scale amendment process.
Attachment B offers a comparison between the current Future Land Use Acreages, and a revised table based on the eight map changes previously discussed.
Attachment C offers a comparison between the current density matrix contained in the adopted Plan, and a revised matrix based on the eight map changes and corresponding Future Land Use Acreage revisions. In addition, the revised density matrix illustrates several key points:
1. The overall density for the Island remains at 4 units/acre.
2. The number of available Affordable Housing Density Bonus (AHDB) units has increased from 120 to 169, though no projects have sought the Bonus program to date.
3. The matrix recognizes hotel/motel use in all the commercial land use categories, but limits future use and hotel/motel density allocations to a small percent of overall commercial land.
4. Refines the overall density in the Resort Residential land use category to better reflect current built-out conditions, but allows for all uses with sufficient density allocations (e.g., multifamily density versus hotel/motel density).
5. Provides a new incentive program for PUD's by allocating 120 units of density which could be portioned out at a rate of 3 units/acre in response to petitions that would enhance or expand public access to community and natural resources.
B. Goals, objectives and policies (GOP's)
Staff is working with consultant Henry Iler to review and revise the current goals, objectives and policies. Some policy statements were interim in nature, have been completed, and can be deleted. Others reference future agreements which have been executed, and therefore will be revised to acknowledge continued participation and cooperation. In addition, some new policies will be proposed, such as a policy to support and endorse the density incentive program for PUD's. Draft GOP's should be ready within the next two weeks.
C. Data and Analysis
Staff will revise the narrative text in the Data and Analysis portion of the Plan as supporting documentation to the proposed amendments. This will be a good opportunity to update the Plan with current (2000) census information and inventory of vacant land.
D. Presentations/Time-table
Staff and Mr. Iler will make a similar presentation to the Planning Board on Friday. Based on comments received, staff will prepare the amendment package (GOP's, Map, D & A) for public hearing before the Planning Board the end of July, and City Council the first meeting in August. After the package is sent to DCA, they have up to 90 days to file Objections, Recommendation and Comments (ORC report).
RECOMMENDED ACTION: Receive presentation.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: Prepared By: K. Greg Niles
6(E) Date: June 10, 2003
Agenda Section: Resolution
Business:
Subject: Permanent Educational Facilities Department: Community Development
Marco Island Charter Middle School
BACKGROUND:
At the June 2, 2003 meeting, City Council requested a Resolution be prepared urging the District School Board of Collier County to support and approve the construction of permanent educational facilities for the Marco Island Charter Middle School. The requested Resolution is attached for Council's consideration.
RECOMMENDED ACTION:
Discussion; motion to approve resolution as presented.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 16, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
6(I) Date: June 11, 2003
Agenda Section:
Business: Discussion
Subject: Beach Renourishment and Department:: City Council
Public Beach Access
BACKGROUND:
On June 2, 2003 City Council agreed to discuss beach renourishment and public beach access policies proposed by Collier County and their affect upon TDC funding for Marco Island beach projects.
On June 10, 2003 the Board of County Commissioners discussed a staff recommendation to defer specific beach projects on Marco Island. The projects are: Hideaway emergency sand placement ($600,000), the construction of permanent T-groins at Hideaway Beach ($2.3 million), and the placement of dredged sand from Caxambas Pass on the southern end of Marco Island’s beach ($600,000). The staff asked that these projects be deferred pending the adoption of a policy that links TDC funding to public beach access. However, the staff recommended immediate approval of a $9 million renourishment project for the Naples beach.
Following public input, including a presentation from Councilman and CAC member John Arceri, the Board approved the emergency sand placement at Hideaway and deferred all beach projects pending the review of proposed beach renourishment policies submitted by the Coastal Advisory Committee and the Tourist Development Council. The Board anticipates receiving policy recommendations from the advisory committee by the second BCC meeting in December.
A summary of the meeting prepared by Councilman Arceri and a copy of his presentation to the Board of County Commissioners are attached.
RECOMMENDED ACTION
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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