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
Special-Called Meeting and Workshop
Monday, September 29, 2003, 3:00 PM Field Trip; 6:00 PM Meeting
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.
City Council, members of staff, and employees of Kimley-Horn Associates, the City's design firm, will hold a field trip beginning at 3:00 p.m. to preview roadway improvements proposed for South Collier Boulevard.
1. ROLL CALL
2. APPROVAL OF AGENDA
3. BUSINESS
RESOLUTION - Master Bond Resolution - A Resolution Authorizing the Issuance of Utility System Revenue Bonds.
RESOLUTION - Public Hearing - Petition BCV-03-01, Ashley Lupo, Esquire, as agent for Patricia Frates, d/b/a Island Storage, requesting after-the-fact from the minimum 7.5 headroom requirement for property located at 994 N. Barfield Drive, Unit 23 of the Island Industrial Park, Marco Island.
DISCUSSION - Approval of Utility Billing Contract for Transition Services.
DISCUSSION - Agreement to Purchase the "Glon Property."
DISCUSSION - South Collier Boulevard Roadway Improvements.
4. PUBLIC COMMENT
5. 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
SPECIAL CALLED MEETING
Meeting Date: September 29, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
3(D) Date: September 17, 2003
Agenda Section:
Business: Discussion
Subject: Draft Sales Contract for the Purchase of the Department: City Council
Glon Property
BACKGROUND:
On September 15, 2003 City Council adopted a resolution authorizing the issuance of General Obligation Bonds of the City not to exceed $10 million to finance the cost of the acquisition of the Glon property. The resolution called for an acquisition bond referendum on November 18, 2003.
City Council was advised that Mr. Glon agreed to accept $9.7 million for the property. The Contract for Sale would be 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 the referendum, and submittal of a PUD amendment to add a period of twelve (12) months to the time in which the owner must complete the PUD.
While City Council adopted the resolution, there was discussion regarding the terms and conditions of the Contract for Sale. City Council was advised a public hearing to consider the purchase is scheduled for October 6, 2003. Prior to the public hearing, a Contract for Sale would be presented for consideration at the public hearing. City Council questioned some of the terms and conditions that would be incorporated in the Contract for Sale and asked that a draft contract be presented for review prior to the public hearing on October 6th.
Mr. Glon's attorney has offered a draft contract that has been forwarded to the City Attorney for review and comment. A copy of the contract will be provided to Council under separate cover by Friday afternoon.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 29, 2003
Agenda Item: Prepared By: William P. Harrison
3(C) Date: September 23, 2003
Agenda Section:
Business: Contract Approval
Subject: Utility Billing – Transition Services Department: Finance
BACKGROUND: The City of Marco Island is currently negotiating with Florida Water Services for them to continue to bill and collect payments from water and sewer customers for up to six months after the acquisition date of the utility. This contract will afford the City sufficient time to put into place utility billing computer software, a privatization contract for preparation and mailing of utility bills, and a lockbox with our depository bank to receive payments. Once our systems are in place, we plan to run parallel billing runs for one to two months to assure the accuracy of our new systems. The transition agreement allows the City to cancel the contract upon 30 days written notice; our best estimate is that the utility billing services from Florida Water will be needed for three months. Final terms of
the transition agreement are currently being negotiated by our acquisition counsel. Costs for these services is $22,827 monthly.
The City will begin responsibility for meter reading immediately upon the acquisition date of the utility and is currently negotiating a privatization contract for that service.
RECOMMENDED ACTION: City Council approval for the City Manager to enter into a transition agreement with Florida Water Services to provide utility billing and collection services for a period of up to six months from the date of acquisition, with final terms and conditions of the contract to be approved by the City Manager and Acquisition Counsel.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 29, 2003
Agenda Item: Prepared By: William P. Harrison
39A) Date: September 23, 2003
Agenda Section:
Business: Resolution
Subject: Department: Finance
Master Bond Resolution
BACKGROUND: The Master Bond Resolution forms the basis for all current and future debt issuance to be repaid through revenues and of the water and sewer utility system. The resolution, prepared by our bond counsel Bryant, Miller & Oliver, establishes all of the regulations and procedures to be followed in the debt process. This Master Bond Resolution will be followed by resolutions specific to each individual debt issue. The specific resolution will include such items as bond insurance and repayment schedules.
RECOMMENDED ACTION: Approval of Master Bond Resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: September 29, 2003
Agenda Item: Prepared By: K. Greg Niles
3(B) Date: September 23, 2003
Agenda Section: Resolution – Public Hearing
Business:
Subject: Request for a variance (BCV-03-01) from the Department: Community Development
Minimum Headroom height requirement in section
1003.2.5 of the Florida Building Code
BACKGROUND:
Ashley Lupo, Esq., as agent for petitioner Patricia Frates, d/b/a Island Storage, is requesting a variance from the minimum headroom height requirement of the Florida Building Code for two existing egress corridors within the petitioners unit. The petitioner's unit (#23) in located within the Island Industrial Park at 994 North Barfield Drive. The petitioner is requesting an after-the-fact variance from the required 7 foot 6 inch headroom height of approximately 3 inches on the first floor, approximately 4 inches on the second floor, and corresponding vertical relief for fire sprinkler protrusions.
In January 2002 the Fire Department responded to concerns with the fire sprinkler system that serves the entire Island Industrial Park complex. Site visits unveiled several problems throughout the complex, both with life/safety and building code issues, including the subject unit. Through courtesy inspections and reasonable correction periods the rest of the units in the complex have come into compliance. Efforts to bring the petitioner's unit into compliance with code minimums have not been successful. Recently this matter was referred to the CEB, who found the unit in violation of provisions of the Florida Building Code. The CEB provided a 90-day period for the petitioner to pursue a variance from the Construction Board.
In this matter City Council will be acting as the Construction Board of Adjustment and Appeals. The Board may vary the application of any provision of construction-related codes adopted by the City to any particular case when in its opinion enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of the construction codes or the public interest. Further there must be a finding that five criteria all apply. In the accompanying staff memorandum the five criteria are analyzed for Council's review and consideration. Staff's conclusion is a recommendation of denial.
While there is permit history for the construction of the complex as a whole, there is no proof that a building permit was ever issued for the internal improvements made to the subject unit. Minimum headroom requirements have been part of building codes since at least 1979, therefore had permits been applied for this matter would have resolved through plan review and permit issuance. As the petitioner had control of the unit when the internal improvements were made, their inaction in obtaining a permit should not be considered as a special condition or circumstance. A resolution, with conditions is attached should the Board determine that the variances are warranted.
RECOMMENDED ACTION:
Conduct required public hearing; motion to deny variance petition BCV-03-01.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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