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, January 5, 2004, 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
Father Bernie – San Marco Catholic Church
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for December 1, 2003 (Regular Meeting).
5. PRESENTATIONS
(A) Accomplishments for 2003 – Chairman Minozzi
(B) Proclamations - "Joy of Giving"
6. BUSINESS
DISCUSSION - Public Hearing - (Continued from the meeting of December 1, 2003.) Request to Amend the Current Development Agreement for the Esplanade Site.
ORDINANCE - Second Reading & Public Hearing - An Ordinance Establishing Regulations and Procedures for the Operation of a Central Water and Wastewater Utility Within the Urban Service Area.
RESOLUTION - Public Hearing - Petition V-03-11, Marco Dock and Lift, Inc., as agent for Ronald Reinerth, property owner, requesting a 4.5-foot variance from the required 7.5-foot setback for a boat dock facility on property located at 752 Hull Court, further described as Marco Beach Unit 11, Block 357, Lot 12, Marco Island.
RESOLUTION - Public Hearing - Petition V-03-14, Peter D. Clapp, property owners, requesting a 1-foot variance from the maximum permitted height of 7 feet above the seawall cap for a swimming pool on property located at 872 Banyan Court, further described as Marco Beach Unit 11, Block 361, Lot 13, Marco Island.
DISCUSSION - Public Hearing - Agreement to purchase property consisting of a 25-foot wide strip along the 50-foot platted buffer along the south side of San Marco Road between Balfour Drive and Sand Hill Street, legally described as Tract "RB", Marco Beach Unit 25, Block 779, Marco Island.
DISCUSSION - Public Hearing - Agreement to purchase perpetual pathway easement located along the LCEC power line corridor, bounded to the north by City of Marco Island Racquet Center, to the west by residential single family lots in Block 261, to the south by Whiteheart Avenue right-of-way, and to the east by multifamily structures in the San Marco Villas complex; legally described as a portion of Tract "RA", Marco Beach Unit 25, Marco Island.
DISCUSSION - Communication Tower - Kendall Drive.
DISCUSSION – Purchase of Zenon Mobile Water Treatment Plant.
DISCUSSION - Request to Create a Special Taxing District - Hideaway Beach Renourishment.
DISCUSSION - Payoff of Existing Fire Station Debt.
DISCUSSION - Budget Amendment - Glon Property.
DISCUSSION - Appointment of Auditor Selection Committee.
DISCUSSION - Street Renaming - Lambert Drive to Park Avenue.
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 opinions. We also ask that Public comment be limited to four minutes.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: 5 January 2004
Agenda Item: Prepared By: Vladimir A. Ryziw, P.E., PMP
6(E) Date: December 30, 2003
Agenda Section: Public Hearing – Land Acquisition
Business:
Subject: Agreements to Purchase Property Department: Public Works
Consisting of a 25-foot strip along the South Side
of San Marco Road Between Balfour Drive and
Sand Hill Street, Legally Described as Tract “RB”,
Marco Beach Unit 25, Block 779, Marco Island
BACKGROUND:
On November 10, 2003 City Council authorized the City Manager to proceed with final purchase negotiations with property owners for acquisition of a 25-foot wide land buffer that borders the south side of San Marco Road between Balfour Drive and Sand Hill Street.
This public hearing, which follows an advertised 30-day public notice period, has been scheduled for final consideration by City Council to complete the acquisition process through execution of purchase agreements.
Twelve residential lots along referenced segment of San Marco Road have a 50-foot platted buffer of which staff recommends the City purchase a 25-foot width to provide an opportunity for a future meandering Shared Use Path and associated landscaping improvements.
To date four property owners have agreed to sell land buffer strips along seven residential lots; namely, lots 1, 5, 6, 9, 10, 11, and 28 as illustrated on the attached plat drawing. These four property owners have each signed a Sales Contract, copies of which are attached. As previously reported to Council, the estimated total acquisition cost for the twelve land buffer strips is $12,000. Purchase of land buffers along the foregoing seven lots carries a total acquisition cost of $3,600 or an average cost of $514 per parcel.
Four property owners own the remaining five lots of the twelve under consideration. Additional offer letters were submitted to each of these owners with a favorable response by Mr. K. Hamilton, owner of two of the remaining five lots. Staff will continue discussions with the four property owners towards a favorable purchase.
RECOMMENDED ACTION: Conduct a public hearing and authorize the City Manager to execute the attached four Sales Agreements and subsequent Sales Agreements with each future seller of land buffers along Tract “RB”, Unit 25, Block 779.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: 5(B) Prepared By: A. William Moss
Date: December 29, 2003
Agenda Section:
Presentations: Proclamations
Subject: "Joy of Giving" Department: City Council
BACKGROUND:
Vice-Chair Tucker requested that Council recognize the efforts of the volunteers whose commitment to the "Joy of Giving" made this holiday season a joyous one for underprivileged children and their families.
RECOMMENDED ACTION: Chairman to present proclamations to Ms. Nicki Davis and The Island Country Club Charitable Foundation.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: Prepared By: William P. Harrison
6(J) Date: December 10, 2003
Agenda Section:
Business: BUSINESS
Subject: Department: Finance
FIRE DEPT. LEASE-PURCHASE
BACKGROUND: Last fall, the City Council authorized staff to pursue re-financing the existing 7.6% lease-purchase agreement entered into in January 1992 for the construction of the fire station for the Marco Island Independent Fire District. That district was merged into the City of Marco Island at incorporation and the City assumed the outstanding debt. Our plan was to combine the outstanding balance on the lease with funds needed for the purchase of parks maintenance capital equipment approved in the 2004 budget. We were able to find funds for the parks equipment in unexpended balances in the 2003 budget and did not complete that financing.
The next scheduled payment date on the lease-purchase is January 24, 2004. At that time, we can pay off the entire balance of the agreement in the amount of $462,628.83, eliminating the 7.6% interest charges on this debt. Funds are available in the restricted cash account for Fire Impact Fees for this expenditure. That account had a balance of $594,123 as of September 30, 2003. This expenditure is an allowable use of impact fee funds; there are no Spending Cap implications as expenditure of impact fee funds are exempt from the calculation of compliance with the Spending Cap.
RECOMMENDED ACTION: Approval of expenditure of $462,628.83 in Fire Impact Fee funds to pay off the entire outstanding balance on the lease-purchase agreement on the Marco Island fire station.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: 6(K) Prepared By: William P. Harrison
Date: December 11, 2003
Agenda Section:
Business: BUSINESS
Subject: Department: Finance
BUDGET AMENDMENT – GLON PROPERTY
BACKGROUND: Two budget amendments are required to account for the issuance of bonds for the purchase of the Glon Property:
The first budget amendment provides $10 million as a revenue source and an offsetting $10 million for the acquisition of the property in the Fiscal Year 2004 budget. Section 3. of Resolution 03-03 states: “Expenditures funded by the proceeds of municipal debt shall not be included in the budget for the purpose of calculating the spending cap. However, repayment of municipal debt, including principal and interest shall be included in the budget for the purpose of calculating the spending cap for the life of the indebtedness”. The purchase of the property, therefore, will not be considered in the calculation of the spending cap for 2004.
Debt service on the bonds will be accounted for in the General Fund Debt Service department. Six and one-half months interest at 5% equals approximately $271,000. These costs are subject to the spending cap, requiring that an offsetting amount of authorized expenditures will need to be eliminated. This budget amendment removes $200,000 budgeted in the CIP fund for the utility acquisition, not needed due to the completion of the acquisition early in Fiscal Year 2004. The balance of $71,000 is recommended to be reduced from CIP contingency, leaving an available budget for Fiscal year 2004 of $429,000.
Budget amendments are approved by voice vote of the City Council during the year and then consolidated into a formal budget re-appropriation ordinance near the end of the fiscal year.
RECOMMENDED ACTION: Approval, by voice vote, of two budget amendments for the purchase of the Glon property, financed by the issuance of bonds.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(M) Date: December 15, 2003
Agenda Section:
Business: Discussion
Subject: Street Renaming – Lambert Drive to Park Avenue Department: City Manager
BACKGROUND:
Following the referendum approval for the purchase of the Glon property, Councilman Tucker asked that an agenda item be scheduled to consider renaming Lambert Drive to Park Avenue.
Section 44-2 of the City Code outlines procedures for the naming and renaming of streets. A street renaming can be initiated by either abutting property owners or City Council. Should City Council wish to pursue the renaming of Lambert Drive to Park Avenue, then a motion will be required to direct the Planning Board to conduct a public hearing and to provide a recommendation back to City Council.
There is currently only one structure with a Lambert Drive address. However, all abutting property owners will be notified of any proposed street name change.
RECOMMENDED ACTION:
Discussion; motion to initiate the renaming of Lambert Drive to Park Avenue, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: 6(L) Prepared By: William P. Harrison
Date: December 17, 2003
Agenda Section:
Business: BUSINESS
Subject: Department: Finance
APPOINTMENT OF AUDITOR SELECTION COMMITTEE
BACKGROUND: The auditing firm of Purvis Gray & Company was retained by the City Council early after incorporation to perform the required annual audits of the financial records of the city. Their contract has now expired and we need to move forward with the process of selection of an auditing firm for the next five years.
The process we propose is for the creation of an auditor selection committee consisting of two department head staff members and either the Chairman of the City Council or another Council Member designated by the Council. The committee will prepare and distribute a Request for proposals for Audit Services, interview the top-ranked firms, and prepare a recommendation for action by the City Council. It is appropriate for one of the members of the City Council to sit on this committee as the auditors report directly to the council, rather than through the staff. The two department heads proposed for this committee are Bill Harrison, Finance Director and Roger Reinke, Police Chief.
RECOMMENDED ACTION: By voice vote, approve the creation of an Auditor Selection Committee, name two department heads to the committee, and appoint either the City Council Chairman or another member of the City Council to the Committee.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: Prepared By: William P. Harrison
6(H) Date: December 17, 2003
Agenda Section:
Business: BUSINESS
Subject: Department: Finance
PURCHASE OF ZENON MOBILE WATER TREATMENT PLANT
BACKGROUND: In November 1999, Florida Water Services entered into a lease-purchase agreement with Zenon Environmental Inc. for the purchase of a one million gallon per day mobile water treatment plant to supplement the water treatment capacity at the Marco island lime softening water treatment plant. Under the terms of the agreement, Florida Water would pay $17,000 monthly, plus annual increases for CPI, for a period of 86 months. At the end of 86 months, they would buy the equipment for $1. The signed agreement does not provide for assignment to a third party, such as the City of Marco Island.
City Utilities management and our outside engineering consultant agree on the need to maintain the use of this equipment to meet water production demands during peak winter months. We have met with Zenon Environmental and they have offered two options to the City:
Rent the equipment for $30,000 per month, with 50% of the rental payment applied towards purchase of the equipment at any time.
Purchase the equipment for $650,000.
Even under the most optimistic scenario, Marco Island Utilities will not have additional water production capabilities in place in less than 24 months. The one million gallons per day is required to meet current water demands during our peak winter months. It is in the best interests of the City to purchase this equipment. Funds for this purchase are available in the $10.9 million in bond proceeds for capital construction and acquisition. When our water production capacity is expanded, the mobile equipment can be modified to provide additional wastewater treatment capacity or sold.
RECOMMENDED ACTION: Purchase the one million gallon per day mobile water treatment plant from Zenon Environmental in the amount of $650,000.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: 6(F) Prepared By: K. Greg Niles
Date: December 18, 2003
Agenda Section: Discussion
Business:
Subject: Purchase perpetual easement from Department: Community Development
San Marco Villas Condominium Association
To support pathway project
BACKGROUND:
For the better part of the year staff and the Board of Director’s of the San Marco Villas Condominium Association have been discussing a desired easement along the Association’s western property line to accommodate a portion of the Racquet Center – Mackle Park – Tract C&D pathway project. The easement area will provide a critical connection point between the southern boundary of the Racquet Center property and Whiteheart Avenue, a distance of approximately 450 lineal feet.
When discussing the desired easement, the Board was primarily concerned with the safety and comfort of their residents, and the aesthetics of the pathway project. Staff and the pathway designers have tried to satisfactorily address and accommodate the concerns of the Board. For example, the easement area has been drawn to preserve and protect the existing ficus hedge abutting their residential structures. Further, a six-foot coated chain-link fence will be installed on the pathway side of the hedge for additional security and privacy. A purchase order to install the fence has been approved, and the work will commence shortly after approval of the easement purchase agreement. The purchase price for the easement area, which totals 16,645 square feet, is $26,200.00.
Attached for Council’s consideration are two documents; the Easement Purchase Agreement, and a Pedestrian and Bicycle Easement Agreement. These companion documents outline the terms and conditions for the continued public use and enjoyment of the easement, and maintenance responsibilities assumed by the City within the easement area. In addition there is a copy of the Board’s Motion Memorandum to grant the easement, a letter of commitment from the City Manager, letters from a concerned neighbor, and a view of the proposed pathway.
Staff would like to express our sincere appreciation to the Board of Director’s and their Property Manager, Mr. Craig Jones, for all their support and assistance in this matter.
RECOMMENDED ACTION:
Conduct required public hearing; motion to authorize City Manager to complete execution of the easement agreements.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: Prepared By: K. Greg Niles
6(A) Date: December 22, 2003
Agenda Section: Public Hearing – Development Agreement
Business:
Subject: A request to amend the current Development Department: Community Development
Agreement applicable to the Esplanade Site
BACKGROUND:
On December 1, 2003 City Council considered amendments to the existing Development Agreement concerning the Esplanade project. The Developer is seeking three substantive amendments to the document, in conjunction with a number of minor, non-substantive text updates. The three key amendments involve the following:
(1) Amend the setback measurement along Smokehouse Bay (Schedule “4”, section III.A.2)
(2) Adjust the “Mixed Use” area line on the Master Development Plan (Schedule “3”
(3) Add new operational limitations to free-standing eating and drinking establishments (Schedule “4” section II.A.8)
At the conclusion of the December 1st hearing, City Council voted to table this matter, with instructions to staff to present a unified document that addressed outstanding concerns related to the amendments at hand. In the interim staff has taken the document as proposed by the Developer and massaged the text to incorporate issues raised by the Planning Board, Council and staff. Attached for Council’s review and consideration are documents that have been reviewed and revised by staff and the Developer to address those issues germane to the amendments sought by the Developer.
In regard to the Recitals that accompany the amendments, staff is comfortable with the minor revisions offered by the Developer, and has no additional comments. In the revised Recital text the timing for the Developer’s contribution for the off-site cultural amenity has been linked to the issuance of the first certificate of occupancy/completion of the multifamily only building, which is currently under construction. The only other issue raised by staff has been satisfied by a minor text change endorsed by the Developer. Staff recommends the acceptance and approval of the revised second amendment Recitals as presented.
In conjunction with the slight “bow-out” to incorporate the roofline of the café/gazebo structure within the “Mixed Use” area, Schedule “3”, which serves as the Master Development Plan for the project has undergone revisions to clearly denote those areas within the Central Plaza area where outdoor seating is strictly prohibited absent a temporary use permit. In essence, the new Schedule “3” limits permitted permanent outdoor seating areas to locations under buildings, and the roofed area of the desired café/gazebo only. Staff recommends approval of the revised Schedule “3” which includes the minor “Mixed Use” expansion for the café and the delineation of areas prohibiting outdoor seating.
Schedule “4” outlines the development parameters for the Esplanade Site. Pursuant to, and consistent with, the advertised sections presented for amendment, staff has focused attention to the seawall setback and operational limitations for the café only. Both staff and the Developer agree that the change in setback along Smokehouse Bay should be uniform in application. Therefore the language will read “25-feet from the outermost edge of the boardwalk/promenade.
Concerning operational limitations, the Developer has acquiesced to expanded limitations affecting the totality of the central plaza area. As stated in proposed Schedule “4”, “…No televisions shall be placed in, nor shall any amplified sound emanate from, any outdoor eating and drinking area. Permanent outdoor seating shall be prohibited in those areas depicted on Schedule “3”…”. Further, the operational limitations for the café/gazebo has been refined to limit the number to such establishments as one only, with a cap of 88 permanent seats, and a closing time of approximately 10:30 pm. Service at this one café/gazebo will cease at 10:00, and complete closure will occur at approximately 10:30 p.m.
Staff believes that the issues and concerns about the desired café/gazebo structure have been thoughtfully and adequately addressed in the revised language presented in Schedule “4”, and staff would recommend approval.
The Esplanade is an important, but evolving project within and for our community. This project will establish an important anchor to our downtown area, and help set the tone for future development and redevelopment. During this amendment process other, non-advertised, concerns have been brought to the Developer’s attention. Staff can verify that the Developer is taking those concerns seriously, and will respond accordingly, but privately with the owners and tenants within his project.
At the request of City Council an analysis of current versus proposed conditions will be prepared under separate cover. That analysis will focus solely on the amendments proposed, no other non-advertised issues will be presented.
RECOMMENDED ACTION:
Conclude public hearing; motion to approve Recitals and 2nd Amendment as presented, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: 6(G) Prepared By: K. Greg Niles
Date: December 22, 2003
Agenda Section: Discussion
Business:
Subject: Communication Tower – Kendall Drive Department: Community Development
BACKGROUND:
At the December 1, 2003 meeting, City Council directed the City Manager to initiate an appeal of the Code Enforcement Board’s decision concerning a communication tower erected on a residential single-family lot along Kendall Drive. In conjunction with Council’s motion to initiate the appeal, the majority of Council requested additional efforts by all parties to seek resolution prior to Circuit Court action. To that end Council requested Councilman Boyce serve as a liaison to facilitate that process.
While legal counsel for the City has filed the appropriate motion papers to preserve the City’s legal rights, there has been significant progress made toward resolution since December 1st. On December 15th adjacent neighbors were invited to a public meeting to discuss their concerns and comments about the subject tower. With those concerns noted, City officials met with the tower’s owner, his legal counsel, and other radio tower experts. With a greater appreciation for the technology associated with amateur radio operations the parties engaged in preliminary discussions on how this matter could be brought to a satisfactory resolution. Those preliminary discussions were further refined and shared with the owner and adjacent neighbors.
Attached for Council’s consider is a proposal that outlines actions to be undertaken by the respective parties. The owner has agreed to lower by January 1st, and ultimately remove the existing tower structure. Further the owner has agreed to follow the conditional use procedures outlined in City Code. City staff will assist in the preparation of the conditional use application, and abide by the locational and operational terms contained in the proposal before Council. As the terms contained in the proposal mirror most of what staff would be seeking as accommodations in the conditional use process, staff will not be adverse to the owner’s petition.
Should City Council endorse the proposal presented, the owner will proceed through the conditional use hearing process. Due to advertising and public notice requirements, staff has already scheduled this matter for consideration before the Planning Board on January 9th. That public hearing will be cancelled if the proposal is not supported by City Council.
RECOMMENDED ACTION:
Discussion; motion to proceed with the conditional use process.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 5, 2004
Agenda Item: Prepared By: Kelly Michele Smith
6(D) Date: December 22, 2003
Agenda Section:
Business:
Subject: V-03-14, requesting a 1-foot variance from the Department: Community Development
maximum permitted height of 7 feet above the seawall cap
for a swimming pool
BACKGROUND:
Peter Clapp, property owner, is requesting a 1-foot variance from the maximum permitted height of 7 feet above the seawall cap for a swimming pool on property located at 872 Banyan Court, which is legally described as Marco Beach Unit 10, Block 335, Lot 22, Collier County, and the City of Marco Island, FL
The Land Development Code allows for swimming pools to be setback 10 feet from the seawall on waterfront properties when the pool deck is constructed to a maximum of seven feet above the seawall. Swimming pool decks that exceed the 7-foot maximum must be setback 25 feet from the seawall. Mr. Clapp has been planning to demolish the current residential structure and rebuild on the subject property. In March 2002 Mr. Clapp replaced his seawall to the customary height of 4.5 feet. In July of 2003 the City of Marco Island began utilizing the proposed flood maps for new construction. The required finished floor elevation for the subject property increased from 11 feet NGVD to 12.3 feet NGVD. The petitioner has indicated that the change to the new flood maps has resulted in the need for a variance from the maximum permitted height of the
pool deck. Staff is of the opinion that the change in the elevation requirements does constitute a special condition for the property owner. While the petitioner could add onto the height of the existing seawall cap to bring the seawall/deck differential to within seven feet, there could be aesthetic consequences along the seawall.
The City Council will be acting as the Board of Zoning Appeals in this matter. The Planning Board held a public hearing for this request at their December 5, 2003 meeting and voted 7-0 to forward petition V-03-14 to the City Council with a recommendation of approval.
Both the Planning Board and staff agree that this situation requires further analysis, and that a future LDC text amendment may be warranted. Staff will bring the deck elevation topic back to the Planning Board in the new year.
RECOMMENDED ACTION:
Conduct required public hearing; Approve four resolution as presented.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION< | 
