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, September 15, 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 September 3, 2003 (Regular Meeting).
5. PRESENTATIONS
(A) Proclamation Commending Firefighter William M. McGrath for his Years of Service.
6. BUSINESS
ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2003 Tax Levy and Millage Rate for the City of Marco Island.
ORDINANCE – Second Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2003 and Ending September 30, 2004.
ORDINANCE - Second Reading & Public Hearing - Budget Re-Appropriation Ordinance.
RESOLUTION - A Resolution Authorizing the Issuance of (not to exceed) $10 Million in General Obligation Bonds - Acquisition of the Glon Property.
RESOLUTION - Public Hearing - Petition V-03-07, Craig R. Woodward, Esquire, as agent for Johannes Van der Wal, property owner, is requesting a 5-foot variance from the required 25-foot front yard setback an addition to the existing single-family house located at 215 Rockhill Court, Marco Island.
DISCUSSION - Public Hearing - Proposed Amendment to the Approved Development Plan for the Esplanade Project.
DISCUSSION - Request for Support for the Marco Island Film Festival.
DISCUSSION - Antenna License Agreement.
DISCUSSION - Award of Contract for the Bald Eagle Drive Beautification Project.
7. COUNCIL COMMUNICATIONS AND DISCUSSION
8. FUTURE AGENDA
9. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
10. 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 r opinions. We also ask that Public comment be limited to four minutes.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: William P. Harrison
6 (A), (B) Date: September 4, 2003
Agenda Section:
Business:
Subject: Public Hearing: 2003 Tax Levy and Final Budget Department: Finance
BACKGROUND: Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statutes establishes a detailed time line and approval process which includes the requirement for two public hearings held in the month of September.
The first of the two required public hearings was held on September 3, 2003. At that meeting, City Council action reduced the mil levy from the maximum of 1.66 mils reported earlier this summer to the Collier County Tax Collector to 1.64 mils. That tax levy will assure that owners of homesteaded properties on Marco Island will pay no more in City property taxes then that paid last year.
RECOMMENDED ACTION: Conduct public hearings on each of the second reading ordinances; approve ordinances with a roll call vote.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: William P. Harrison
6(C) Date: September 4, 2003
Agenda Section:
Business:
Subject: Budget Re-Appropriation Ordinance Department: Finance
BACKGROUND: The annual budget for Fiscal Year 2002-03 was approved by the City Council in September of last year. During the course of the current fiscal year, Council approved a number of budget amendments on voice vote. The budget may only be officially amended with a re-appropriation ordinance, which consolidates all budget amendments approved during the year.
This ordinance was approved by the City Council on first reading at the meeting of September 3, 2003. We are requesting one amendment for second reading. We have determined that sufficient funds are available in General Fund contingency in the 2003 budget to pay for the parks maintenance equipment scheduled for the 2004 budget to be financed with lease-purchase. This re-appropriation moves an additional $118,000 from General Fund contingency to the Parks Maintenance Department budget.
RECOMMENDED ACTION: Approval of Fiscal Year 2002-03 Budget Re-Appropriation Ordinance on second reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: Roger Reinke, Chief of Police
6(H) Date: September 4, 2003
Agenda Section:
Business:
Subject: Antenna License Agreement Department: Police
BACKGROUND:
City Council has previously approved the installation of a computerized records management system, including a mobile computer network, within the police department funded with by a federal grant. The mobile computer network utilizes secure radio technology to transmit data. Critical components of the system include a fiberglass transmitting/receiving antenna and 900 MHz radio router that are to be installed on the roof of the Pier 81 condominium with permission of the Pier 81 Condominium Association. The Association has asked the City to draft an antenna license agreement to indemnify, to the extent permitted by law, the Association from liability in the placement of the antenna. The agreement, as drafted by the City Attorney, is attached.
RECOMMENDED ACTION:
Approval of the agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: Kelly Michele Smith
6(E) Date: September 5, 2003
Agenda Section:
Business: Resolution
Subject: V-03-07, requesting a 5-foot variance from the Department: Community Development
required 25-foot front yard setback for the addition the an
existing single family house.
BACKGROUND:
Craig R. Woodward, Esquire, as agent for Johannes Van der Wal, property owner, is requesting a 5-foot variance from the required 25-foot front yard setback to allow for an addition of a study to an existing single-family house located at 215 Rockhill Court. The area of the proposed addition that encroaches into the setback requirement is approximately 16 square feet.
The existing house was constructed in 1989 and complied with all applicable Collier County setback and zoning regulations at that time. The petitioner has indicated that the cul de sac is very tight and results in a chord that is very close to the property line. While a literal interpretation of the Land Development Code would not create an undue hardship for the property owner, denying the variance request would create a “practical difficulty” because the area available for the addition would be un-usable. The petitioner has also included letters of no objection from four neighboring property owners with the variance application. One of these neighbors was also present at the public hearing and spoke in support of the variance requested. Based upon this information, staff recommended approval of the variance as requested.
The City Council will be acting as the City’s Board of Zoning Appeals in this matter. The Planning Board heard this request at their August 22, 2003 meeting. At the conclusion of the public hearing the Planning Board voted 3-3 on a motion to recommend approval of petition V-03-07 to City Council.
RECOMMENDED ACTION:
Conduct required public hearing; 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: September 15, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
6(D) Date: September 8, 2003
Agenda Section:
Business: Resolution
Subject: Resolution Authorizing the Issuance of Department: City Manager
NTE $10 Million in GOB Bonds – Glon Property
BACKGROUND:
During the capital improvement program workshop meeting of May 9, 2003 City Council was asked to consider the purchase of property owned by Dale Glon on Elkcam Circle. City Council discussed the merits of the proposal on June 2nd. City Council discussed the proposed acquisition on July 21st and reviewed a draft resolution to authorize the issuance of General Obligation Bonds to finance the acquisition of the Glon property.
The subject property is comprised of twelve parcels totaling 6.85 ± acres and is located on both sides of Elkcam Circle at the intersection of Lambert Drive. The property is zoned PUD as approved by City Council on March 19, 2001. The PUD provides for commercial, mixed-use development containing a hotel, restaurants, retail uses, offices, multi-family units, public use area, and waterfront amenities.
Three appraisals were commissioned by the City. The opinion of value for each of the firms is as follows:
· Coastal Engineering Consultants, Inc. $9.9 million
· Integra Realty Resources $10 million
· Carroll & Carroll $6.25 million
In April 2002 AmSouth Bank received an appraisal from Armalavage and Associates, Inc. Their opinion of market value at that time was $9.35 million.
At the most recent meeting Mr. Glon agreed to accept $9.7 million for the property. The contract for sale is contingent upon the referendum, a closing on or before March 1, 2004, a $75,000 forfeitable deposit (to be applied to purchase price), a proration of real estate taxes effective the date of referendum, and the submittal of a PUD amendment to add a period of twelve (12) months to the time in which the owner must complete the PUD.
Attached for consideration is a resolution authorizing the issuance of not to exceed $10 million in General Obligation Bonds to finance the acquisition, construction, equipping, and improving of real property. The resolution provides for a bond mail ballot referendum on November 18, 2003 to determine whether the Marco Island electorate approves the financing of the project.
RECOMMENDED ACTION:
Consider and adopt resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: K. Greg Niles, Community Development Director
6(F) Date: September 8, 2003
Agenda Section:
Business: Public Hearing
Subject: Desired amendment to the approved
development plan for the Esplanade project Department: Community Development
BACKGROUND:
On February 20, 2001 City Council approved an amended Development Agreement to allow development of the Esplanade as a mixed-use project. At that meeting the Developer’s representative unveiled the development concept for the property, which included an amphitheater in the central plaza area. Exhibits describing and illustrating the Esplanade’s approved development concept are attached for Council’s reference.
Subsequently City staff reviewed and approved a Site Development Plan (SDP-01-07) for the Esplanade project which incorporated the amphitheater in the central plaza area (see attached). The Developer (A&N of Marco, Inc.) now desires to construct a bar/gazebo with outdoor seating in lieu of the amphitheater feature. Staff has received an amended site development plan set from the Developer that shows the desired bar/gazebo, but has taken no action to approve. In a letter to the Developer’s attorney the Community Development Director opined that the desired amendment would be a substantial change, and would be inconsistent with the approved Development Agreement. It was also noted in the Director’s letter that the change would result in a major deviation from the concepts of the Master Development Plan with the
bar/gazebo and seating extending beyond the “Mixed Use” area. In response to the letter the Developer has requested a hearing before City Council to challenge staff’s opinion.
A copy of the amended Esplanade Development Agreement is attached, as is a rendering of the desired bar/gazebo, a parking plan for the project, and letters of objection received to date.
RECOMMENDED ACTION:
Conduct public hearing on whether to uphold the Community Development Director’s formal position that the proposed amendment is inconsistent with the Esplanade Development Agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: Dana A. Souza
6(G) Date: September 8, 2003
Agenda Section:
Business:
Subject: Marco Island Film Festival – Contribution Department: Parks and Recreation
BACKGROUND:
The Marco Island Film Festival will take place on November 5th – 9th, 2003. The Film Festival has asked the City of Marco Island to continue as a sponsor with a $10,000 contribution. In 2002, the City provided the Film Festival with a $10,000 contribution.
This year, the Marco Island Film Festival has developed two new programs that will benefit the community. Both will allow Marco Island youth to view age appropriate films, free of charge, on a first come, first serve basis.
“The Aperture Project” has been developed for youth between the ages of 13 and 18 years. Marco Island residents, within this age group, will receive a pass (to be picked up at various locations) that allows free access to view the PG or G rated films, that have been given an “Aperture Project” designation, on Friday (Nov. 7) and Saturday (Nov. 8) evenings,.
Likewise, “Kidsfest” will be offered to Marco Island youth under the age of 12 years. A pass will also be available for Marco Island youth (under 12) that allows free access to Saturday film showings that have been designated as a “Kidfest” film. Marco Island parents attending “Kidfest” films with their children (pass holders) will be given a discounted ticket for $4/parent rather than the customary $8/person charge.
Sample passes and program parameters are shown in the attachments provided by the Marco Island Film Festival.
Approval of this expenditure allows Marco Island youth free access to films shown during one of the islands premier cultural events.
RECOMMENDED ACTION:
Approve the expenditure of $10,000 from contingency funds to be used as sponsorship money for the Marco Island Film Festival’s “Aperture Project” and “Kidfest” programs.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 15, 2003
Agenda Item: Prepared By: Dana A. Souza
6(I) Date: September 8, 2003
Agenda Section:
Business – Discussion
Subject: Award of Contract for Bald Eagle Drive Department: Parks and Recreation
Beautification Project (Contract PR-03-02)
BACKGROUND:
Bids for this project were opened on September 4, 2003. Staff received four sealed bids for the installation of landscaping along Bald Eagle Drive.
Funds available for this project total $163,195. The low bid submitted by Vila and Son Landscaping Corporation represents 55% of the available funds. Based on an evaluation of bids, including a review of unit prices, contractor resources, and prior performance, staff considers Vila & Son Landscaping Corporation to be the most responsive and qualified bidder for this project.
Base Bid Summary Low Bidder # 2 Bidder #3 Bidder #4 Bidder
Villa & Son Renfroe & Jackson Hannula Commercial Land
Total Bid Amounts $90,081.35 $100,334.70 $105,101.85 $115,548.00
(*) Scope of work includes large canopy trees, small accent trees / large shrubs, palm trees, sod, watering, fertilization, and site preparation.
This beautification project has been reviewed and endorsed by the Beautification Advisory Committee and received endorsement from a small segment of the community who attended a public meeting on July 7, 2003. The project was designed by Michael McGee and Associates (Naples, FL). Once completed, the project will provide a canopy of major story trees along the roadway highlighted by flowering under story street trees and some shrubs at the Lake Drive intersection. All plantings occur within the right-of-way along Bald Eagle Drive. Tree species include: Black Olive, White Orchid, Silver Trumpet, Jacaranda, Royal Palm, and Cabbage Palm.
The contract will require the contractor to complete the project within 45 days from the contract date.
RECOMMENDED ACTION: Award a contract to Vila and Son Landscaping Corporation and authorize the City Manager to execute the construction agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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