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, October 6, 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
Reverend Joy Baumgartner, United Church of Marco Island
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for September 15, 2003 (Regular Meeting)
5. BUSINESS
ORDINANCE – First Reading – An Ordinance Establishing Rate, Fees and Charges for Customers of the Water and wastewater Utility Within the City of Marco Island and the Urban Service Area.
RESOLUTION - Public Hearing - Petition V-03-10, Jamie B; Greusel, Esq., representing French Village Condominium Association is requesting 3.5-foot after-the-fact variance from the required 10-foot setback for an existing carport facility built 6.5 from the existing French Village Condominium, Marco Island.
RESOLUTION - Public Hearing - Supplemental Bond Resolution.
RESOLUTION - A Resolution Urging the State to Establish an Erosion Control Line for a Portion of the Hideaway Beach Shoreline
DISCUSSION - Public Hearing - Approval of Contract to Purchase approximately 6.848 acres located on West Elkcam Circle, further described as parts of Blocks 796 and 798, of the Replat of Tract A of Marco Beach Unit Six, more commonly referred to as the "Glon Property."
DISCUSSION - Public Hearing - Desired Amendment to the Approved Development Plan for the Esplanade Project.
DISCUSSION - Increase in Employee Health Insurance Rates.
DISCUSSION - Award of Contract for Utility Vehicles.
DISCUSSION - Utility Engineering Services.
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 r opinions. We also ask that Public comment be limited to four minutes.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(I) Date: October 2, 2003
Agenda Section:
Business: Discussion
Subject: Utility Engineering Services Department: City Manager
BACKGROUND:
With the pending acquisition of the Marco Island/Marco Shores Utility Systems the City will need professional engineering services for general operations and capital projects. Requests for Proposals were prepared and advertised for two specific services. These are:
1. Professional Engineering Services for Utility Master Plan;
2. Engineering Consulting Services for Utility Plants, Pipelines, Associated Facilities, and Related Functions.
Professional Engineering Services are required to be secured in accordance with Florida Statutes 287.055 (Consultants Competitive Negotiations Act). Staff has received qualification proposals for the two services sought. A Consultant Selection Committee consisting of Department Directors reviewed nine statements of qualification for Professional Engineering Services for Utility Master Plan and eleven statements of qualification for General Engineering Services for Utility Plants, Pipelines, Associated Facilities, and Related Functions.
The Consultant Selection Committee shortlisted the qualified engineering firms as follows (in ranking order):
Utility Master Plan for Marco Island and Marco Shores:
Montgomery Watson Harza
Boyle Engineering Corp.
URS
Engineering Consulting Services for Utility Plants, Pipelines, Associated Facilities, and Related Functions:
Montgomery Watson Harza
Boyle Engineering Corp.
Hazen and Sawyer
Camp Dresser & McKee, Inc.
Malcolm Pirnie
Kimley Horn
URS
The Consultant Selection Committee recommends the selection of Montgomery Watson Harza for the Utility Master Plan, and the four top rated firms to provide Engineering Consulting Services for Utility Plants, Pipelines, Associated Facilities, and Related Functions.
These are:
Montgomery Watson Harza
Boyle Engineering Corp.
Hazen and Sawyer
Camp Dresser & McKee, Inc.
The Request for Proposals provided for contracts for a three-year period with one-year renewable options.
It is recommended that City Council select the above listed engineering firms. Thereafter, the City Manager will undertake negotiations for fees for services for the Utility Master Plan, and for other services as may be required for general utility operations and capital improvements.
RECOMMENDED ACTION:
Selection of Montgomery Watson Harza as the qualified firm for the development of a Utility Master Plan. The selection of Montgomery Watson Harza, Boyle Engineering Corp., Hazen and Sawyer, and Camp Dresser & McKee, Inc. for Engineering Consulting Services for Utility Plants, Pipelines, Associated Facilities, and Related Functions.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: Bryan Milk, City Planner
5(B) Date: September 22, 2003
Agenda Section:
Business: Resolution
Subject: Petition V-03-10, requesting a 3.5 foot
after the fact variance from the required structure to
structure setback of 10 feet to 6.5 feet Department: Community Development
BACKGROUND:
Jamie B. Greusel, Esquire, as agent for the French Village Condominium Association, is requesting a 3.5-foot after-the-fact variance from the required structure-to-structure setback of 10 feet to 6.5 feet for an existing carport. The subject property is located at 411 South Collier Boulevard, at the southeast intersection of South Collier Boulevard and Spruce Street.
In accordance with the Marco Island Land Development Code, accessory structures (carports) are required to be setback a minimum of 10 feet from principal structures (French Village Condominium). Approximately three years ago the French Village Condominium Association had a new carport constructed on-site. The survey to close the permit (June 2003) revealed that the southwest corner of the carport facility encroached 3.5 feet into the required 10-foot structure-to-structure setback. The area of encroachment (southwest corner) is adjacent to the condominium’s exterior elevator shaft and maintenance room which is enclosed with a masonry concrete block wall. The subject carport is 15-feet wide by 115 feet long and provides a 2-foot overhang around the entire perimeter of the facility. The carport facility provides
covered parking for 11 automobiles and is located east of and parallel to the existing condominium. The Fire Marshall reviewed this petition for life safety issues and has no objections. While a literal interpretation of the Land Development Code would not create an undue hardship for the Association, denying the variance request would create a “practical difficulty” because the existing structure will require modification which may detract from the architectural character and/or integrity of the structure.
In September of 2000, the French Village Condominium Association received a 10-foot variance from the required 15-foot side yard setback (Resolution 00-48) to construct a series of carports along the eastern property line. Presently, these carports have not been developed on-site. The subject petition was not part of that variance request.
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 September 19, 2003 meeting. At the conclusion of the public hearing the Planning Board voted 4 to 1 on a motion to deny Petition V-03-10 to City Council, with Herb Savage abstaining. No members of the public spoke in opposition or support of the petition request.
RECOMMENDED ACTION:
Conduct required public hearing; approve resolution if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: 5(A) Prepared By: William P. Harrison
Date: September 29, 2003
Agenda Section:
Business: ORDINANCE – FIRST READING
Subject: WATER & WASTEWATER UTILITY RATES Department: FINANCE
BACKGROUND: At the City Council meeting of September 3rd, Council discussed the proposed rate ordinance that establishes water and sewer rates for utility operations acquired from Florida Water. At that meeting, City Council affirmed the recommendation that rates and charges would be identical to those charged by Florida Water and would not include the ½ percent adjustment to the regulatory fee approved by the Collier County Utility Commission in September.
Council directed staff to change the language of the annual indexing of utility rates to include a review by the Council prior to the increase of the rates by index. Council also determined that current flat-rate sewer customers of the City of Marco Island would continue to pay the same amount for sewer service. Those directions have been included in the attached ordinance. Water and sewer impact fees enacted as part of this ordinance have not been adjusted for a number of years; we will be immediately moving forward with an impact fee study to assure that new customers of the system are paying for necessary growth.
RECOMMENDED ACTION: Adoption of water and wastewater rate 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: October 6, 2003
Agenda Item: 5(C) Prepared By: William P. Harrison
Date: September 30, 2003
Agenda Section:
Business: RESOLUTION
Subject: SUPPLEMENTAL BOND RESOLUTION Department: Finance
BACKGROUND: At the special City Council meeting of September 29th, Council approved the Master Bond Resolution. That resolution detailed the terms and conditions of the issuance of utility revenue bonds. This supplemental resolution is specific to the initial issuance of water and sewer revenue bonds to finance the acquisition and initial capital improvements of the water and wastewater system to serve Marco Island and Marco Shores. The resolution includes the specific terms for this bond issue, including requirements from MBIA, the insurer of the bonds.
One attachment to this resolution will be the Bond Purchase Agreement. Terms of this agreement continue to be under negotiation. The attachment will be finalized by Monday at the latest and forwarded to the City Council as soon as available.
RECOMMENDED ACTION: Public Hearing and approval of Supplemental Bond Resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: K. Greg Niles
5(E) Date: September 30, 2003
Agenda Section: Public Hearing/Land Acquisition
Business:
Subject: Purchase of the Glon Property subject to Department: Community Development
Public referendum, 6.85 acres along East
Elkcam Circle, PUD zoning
BACKGROUND:
This public hearing has been scheduled to consider the purchase of 12 lots totaling 6.85 acres collectively referred to as the "Glon Property". The subject property is located along East Elkcam Circle and Lambert Drive, with three lots on the Rio Waterway (see attached map).
For several months the City and the Owner (Mr. Glon) have been discussing the potential for city acquisition and the terms for purchasing the property. The City commissioned three separate appraisals for the subject property, and has reached agreement with the owner on a purchase price of $9.7 million. A draft contract for purchase was reviewed by City Council on September 29th and deemed acceptable. The contract includes a refundable deposit of $75,000.00 (copy attached).
Due to the importance and cost of this proposed capital expenditure City Council has deferred the ultimate decision to the citizens of Marco Island. A mail-ballot referendum is scheduled to occur on November 18th. A majority in favor of the referendum will verify the community's interest in acquiring this property, as well as the issuance of General Obligation Bonds in the amount of $10 million to fund the purchase.
The subject property is currently zoned PUD (planned unit development) with an approved mixed use project. The PUD zoning allows the owner to develop the property with hotel, multifamily, office/retail and other commercial uses. In addition, the PUD requires the developer to make several public improvements including a waterfront promenade, on-street parking, reservation of 10,000 square feet for a future civic facility, and architectural integration of structures. The maximum height allowed on the interior portion of the property is 110 feet.
While no specific uses have been identified for the property if acquired, the desire is to make this property a civic presence in our downtown, and to serve as a "town center/community park". A brochure discussing this acquisition will be sent to all registered voters prior to the election.
RECOMMENDED ACTION: Conduct required public hearing; motion to authorize the City Manager to acquire the Glon property subject to voter approval on November 18, 2003.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: K. Greg Niles
5(D) Date: October 1, 2003
Agenda Section: Resolution
Business:
Subject: Resolution urging the State to Establish Department: Community Development
An Erosion Control Line for a Portion of
The Hideaway Beach Shoreline
BACKGROUND:
There is currently a 0.87 mile gap in the State established Erosion Control Line along the Hideaway Beach shoreline. In order to facilitate future renourishment projects in the Hideaway Beach area a complete Erosion Control Line needs to be established. The State entity responsible for establishing the ECL is the Trustees of the Internal Improvement Trust Fund (TIITF). Their involvement and action is necessary to delineate the boundary between the upland properties and State-owned submerged land from the southern limits of the Hideaway Beach Erosion Control project to the entrance to Collier Bay, which are not presently included in the existing FDEP erosion control line file.
RECOMMENDED ACTION:
Discussion; motion for 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: October 6, 2003
Agenda Item: Prepared By: William P. Harrison
5(H) Date: October 1, 2003
Agenda Section:
Business: DISCUSSION
Subject: PURCHASE OF UTILITY VEHICLES Department: Finance
BACKGROUND: Almost all of the vehicles used by Florida Water in their Marco Island and Marco Shores utility systems were on lease. They have not been upgrading their fleet for the past several years, knowing that the utility was up for sale. Given the age and high mileage on their vehicles, the City declined the option to accept the vehicles and continue the lease.
Ford vehicles are on the State of Florida bid list and Tamiami Ford has an existing vehicle purchase contract with Collier County that may be used by municipalities in the county. Tamiami Ford is currently in the process of preparing pricing to our specifications for 22 vehicles needed immediately after acquisition of the utility for normal operations and will replace Florida Water vehicles on a one-for-one basis. Costs shown here are approximate and purchase orders will only be issued with detailed bids:
6 Ford F-150 standard cab pick-up trucks @ $16,200 $ 97,200
2 Ford F-150 super-cab 4-wheel drive @ $23,000 46,000
8 Ford F-250 trucks with utility beds @ $29,000 232,000
2 Ford F-350 truck with utility bed and crane @$39,000 78,000
2 Ford F-450 truck with utility bed and crane @ $41,000 82,000
2 Ford Explorers @ $23,000 46,000
$581,200
Funding for these purchases has been included in the Utility System Revenue Bonds, Series 2003 that finances the acquisition and immediate capital improvements and expenditures for the system.
RECOMMENDED ACTION: City Council approval for the City Manager to issue purchase orders for 22 vehicles for use by the Utilities Department, based on detailed bid prices.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(G) Date: October 1, 2003
Agenda Section:
Business: Discussion
Subject: Increase in Employee Health Insurance Rates Department: City Manager
BACKGROUND:
City employees are provided a fringe benefit allowance from which they may elect to purchase a “cafeteria of benefits” made available to them through the City, such as deferred compensation retirement, health and dental insurance, disability insurance, etc.
Health insurance benefits for City employees are provided through Blue Cross/Blue Shield of Florida; dental insurance is provided through Guardian Insurance. The renewal date for employee medical and dental insurance benefits is November 1st of each year. Our annual survey of other insurance carriers indicates that our current carriers provide the most competitive rates. Health insurance premiums increased last year by 14.5%, followed by an increase for this year of 16%. Dental insurance premiums increased 10% and 8%, respectively, for the same period. While these increases may seem exorbitant, they are reflective of current trends in the industry.
Unfortunately, health-care costs continue to rise at a rate that exceeds the benefit allowance for many employees. For the coming year, total combined cost of health and dental insurance (per month) will increase as follows:
2003 2004
Employee only $ 259.23 $ 299.24
Employee/spouse $ 666.28 $ 769.45
Employee/child $ 516.51 $ 595.88
Family coverage $ 923.66 $1,066.19
In the past, the City has supplemented a portion of the heath/dental premiums to remain competitive with the practices of other local governments. Without the supplement, the cost of health/dental benefits would exceed the benefits allowance of many employees, especially those needing family coverage. Currently, the supplement amount provided by the City to the health/dental plan is $149,437 annually.
The increase in insurance plan costs for 2004 is $59,351. Council may direct that this increase be paid for by employees enrolled in the health/dental plan, split equally between the City and the enrolled employees, be allocated to the General Fund, or any other combination of City/employee allocation. Should Council direct that the increase be allocated to enrolled employees, or split equally, the employee's monthly contribution will increase as follows:
100% employee 50/50% split
Employee only $ 40.01 $20.00
Employee/spouse $103.17 $51.58
Employee/child $ 79.37 $39.68
Family coverage $142.53 $71.26
Inasmuch as an increase in the amount of $142.53 represents a significant additional monthly financial obligation for the average employee, it is recommended that Council consider splitting the increase with the employee, or directing the allocation to the General Fund.
Further, neither the police nor fire union contracts mandate any cost sharing for health insurance premium increases. However, it has been our practice to treat all employees equally in this area.
RECOMMENDED ACTION: Direction
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 6, 2003
Agenda Item: Prepared By: K. Greg Niles
5(F) Date: October 2, 2003
Agenda Section: Public Hearing – Continued
Business:
Subject: Desired amendment to the approved Department: Community Development
Development plan for the Esplanade project
BACKGROUND:
At the September 15, 2003 meeting, City Council initiated a public hearing to consider a request by the Developer of the Esplanade to challenge staff's position that a desired amendment would be inconsistent with the approved Development Agreement. The amendment would allow for the installation of a bar/café in the central plaza area in lieu of the amphitheater. At the meeting a new rendering was provided to Council illustrating the desired bar/café with a revised total of 88 seats versus the original concept with 174 seats. Per the request of the Developer's representative, Council agreed to continue this matter to this meeting.
The Development Agreement provides for a minimum structure setback of 25 feet from the seawall on Smokehouse Bay. The pedestrian/waterfront amenity area in front of the proposed bar/café is cantilevered over the water and not part of the seawall. The actual seawall is approximately 40 feet landward of the outermost point of the pedestrian walkway area. Utilizing the actual seawall, as called for in the Development Agreement, would mean that the proposed bar/café structure would not comply with the required 25 foot seawall setback. However, utilizing the seawall as the measuring point for structures could preclude the building of the covered performance area of the amphitheater, as that feature would also fail to meet the 25 foot seawall setback requirements. There is no distinction between principal and
accessory structures in regard to compliance with Development Agreement setbacks. To change the setback requirements as stated in the Development Agreement would require an amendment to the Agreement text.
In this matter staff offers the following for Council's review and consideration:
1. Relocation of the bar/café to meet required seawall setback of 25 feet. It is recognized that the relocation would place the bar/café fully within the Mixed Use area where such use is permitted. Therefore, the City could be precluded from imposing limitations on the relocated bar/café, such as hours of operation, seating, and noise.
2. The Developer contends that the Development Agreement does not require the construction of the amphitheater. Staff believes the amphitheater was an important component in the decision to approve the current Development Agreement. However, a roofed performance area would be subject to setbacks, perhaps necessitating a relocation that could detract from the character/ambiance of the Mixed Use area, and be detrimental to residential unit owners within the project.
3. Seek Developer's interest in amending the Development Agreement to redefine waterfront setbacks (schedule "4") and the Master Development Plan for the central plaza area (schedule "3").
a) This would require public notification for Planning Board and City Council hearings.
b) The Planning Board and City Council could impose specific conditions related to hours of operation, outdoor seating, music/noise, etc., during the approval process. [These specific conditions are not addressed in the current DA].
RECOMMENDED ACTION:
Hear petitioner and conclude public hearing; motion to uphold the Community Development Director's official position that the proposed Site Development Plan amendment for the new bar/gazebo/café would be inconsistent with the Development Agreement.
Discussion; seek Developer's interest in pursuing amendment of the Development Agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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