THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairwoman: Terri DiSciullo
City Council: John A. Arceri, Vickie Kelber, Michael F. Minozzi Jr.
S. Jeannette K. Patterson, William D. Trotter, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Monday, May 3, 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 John McCard, St. Mark's Episcopal Church
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for April 19, 2004 (Regular Meeting).
(B) Council Minutes for April 24, 2004 (Workshop Meeting).
5. PRESENTATIONS
(A) Big Cypress Basin - Director Clarence S. Tears, Jr.,
(B) CAT Bus Service - Director Diane Flagg, Collier County Traffic Operations.
6. BUSINESS
ORDINANCE - Second Reading & Public Hearing- An Ordinance Establishing Impact Fees and Charges for the Water and Wastewater Utility System within the Urban Service Area.
DISCUSSION - Appointing Authority for Boards and Commissions.
DISCUSSION - Appointment of Board of Supervisors for the Hideaway Beach Dependent Special Tax District.
DISCUSSION - Delegation and/or Expansion of Authority Granted to the Planning Board.
DISCUSSION - Public Notices and Communications.
DISCUSSION - Award of Contract, Winterberry Park - Softball Field Renovations.
DISCUSSION - Revised Dates for CIP Workshops and Budget Workshop.
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: May 3, 2004
Agenda Item: Prepared By: K. Greg Niles
6(D) Date: April 20, 2004
Agenda Section:
Business: Discussion
Subject: Delegation and/or Expansion of the Department: Community Development
Authority Granted to the Planning Board
BACKGROUND:
This subject was originally scheduled for April 5, and April 19, 2004 and was deferred to this meeting.
One of the topics raised at the Joint Workshop of March 22, 2004 was the possibility of further delegation of authority to the Planning Board to serve as the terminal decision point for various land use petitions.
The rationale for this desired delegation of authority is to relieve City Council of some land use petitions, and to utilize the expertise of the Planning Board. It was underscored during the discussion that any delegation of authority would need to include some type of appeal or review mechanism to City Council for aggrieved parties.
Currently Chapter 38 governs the role and responsibilities of the Planning Board. Under Section 38-40(9) the Planning Board has final authority to approve single-family boat dock extensions and preliminary subdivision plats. The Board may also grant extensions to model home permits, and hear appeals concerning strict adherence to architectural design standards. As discussed at the Workshop, the Planning Board would like to become the body charged with final approval authority for multi-family boat dock extensions, riparian setback line variances, and variances related to signage. Other petitions that may be considered for delegation to the Planning Board could be flood variances for non-habitable structures (e.g., restrooms) and final subdivision plats.
In regard to Council oversight an appeal mechanism is already in place in Section 38-41. As stated in City Code, “…any land development petition or application upon which the planning board takes final action, an aggrieved party may appeal such final action to city council. The city council may affirm, affirm with conditions, reverse, or reverse with conditions the action of the planning board…” Thus, if the authority of the Planning Board is expanded, then those specific items that the board is vested with final approval should be listed in amended Section 38-40(9).
As an alternative, City Council may wish to investigate the use of a consent agenda to handle routine, uncontested land use petitions. If the use of a consent agenda is the preferred direction, staff will provide additional information on the process used by other jurisdictions, including Collier County.
RECOMMENDED ACTION: Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(B) Date: April 20, 2004
Agenda Section:
Business: Discussion
Subject: Appointing Authority for Boards and Department: City Council
Commissions
BACKGROUND:
This subject was originally scheduled for April 5, and April 19, 2004 and was deferred to this meeting.
On February 17, 2004 City Council considered on first reading an Ordinance to Amend Chapter 2, Article IV, Boards and Commissions. The ordinance was adopted on second reading on March 1st.
City Council also discussed the appointment authority of advisory committees (Beautification, Waterways, Parks & Recreation, Beaches). In 2001 the authority to appoint advisory committee members was delegated to the City Manager by City Council.
As provided in the amended Chapter 2, Article IV the members of advisory committees shall serve two- year terms, and the terms of members shall expire on the first day of June. In preparation for the appointment of advisory committee members in June, City Council is asked to determine whether the appointing authority for advisory committee members shall be retained by City Council or delegated to the City Manager.
The Code also provides that City Council may direct the City Manager to advertise a vacancy and seek resumes from interested members of the public willing to accept appointment [to boards and committees]. Council should determine whether such direction is desired for the following boards and committees:
· Planning Board;
· Code Enforcement Board;
· Beautification Advisory Committee;
· Waterways Advisory Committee;
· Beach Advisory Committee; and
· Parks and Recreation Advisory Committee.
RECOMMENDED ACTION:
Discussion and further direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(E) Date: April 20, 2004
Agenda Section:
Business: Discussion
Subject: Public Notices and Communications Department: City Council
BACKGROUND:
This subject was originally scheduled for April 5, 2004 and was deferred to this meeting.
On April 5, 2004 City Council agreed to schedule for discussion the topic of public notices and public communications.
RECOMMENDED ACTION:
This matter is presented for discussion and further direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: 6(A) Prepared By: A. William Moss, City Manager
Date: April 20, 2004
Agenda Section:
Business: Ordinance – 2nd Reading
Subject: Establishing Impact Fees and Charges for the Department: City Manager
Water and Wastewater Utility System Within
The Urban Service Area
BACKGROUND:
Upon acquisition of the water and wastewater utility assets of Florida Water Services Corporation, the City commissioned a study to review the appropriate Capital Facility Fees for the Marco Island Utilities, including the system within the Urban Service Area. The City’s utility, rate, financial, and management consultants, Public Resources Management Group, Inc., was asked to evaluate the current Capital Facility Fees and make appropriate recommendations.
Public Resources Management Group President Robert Ori presented his findings to City Council on April 5, 2004. As documented in Water and Wastewater Capital Facilities Fee Review, Mr. Ori recommended that the water impact fee be increased from $985 per ERC to $2,725 per ERC, and that the wastewater impact fee be increased from $2,600 per ERC to $2,910 per ERC. After significant discussion and debate, City Council asked that the ordinance be structured to provide for a water impact fee of $1,800 per ERC and a wastewater impact fee of $2,910. City Council also reviewed a draft ordinance establishing the impact fees.
The ordinance was adopted on first reading on April 19, 2004 and is presented for consideration on second reading.
RECOMMENDED ACTION:
Adopt 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: May 3, 2004
Agenda Item: 2 Prepared By: A. William Moss, City Manager
Date: April 26, 2004
Agenda Section:
Business: Special Called Meeting
Subject: North Collier Boulevard Improvement Project Department: City Manager
BACKGROUND:
On March 29, 2004 City Council and the Planning Board met in a joint workshop. City Council asked the Planning Board to meet with the project engineer and staff and to make recommendations regarding the North Collier Boulevard Project. The Planning Board met on April 12th and their recommendations were considered by City Council on April 19th.
During the April 19th meeting, City Council engaged in discussion and shared viewpoints regarding the recommendations of the Planning Board and the general design parameters of the project. Because of the apparent lack of consensus on the general design parameters, Council did not discuss the specific recommendations regarding access management at the specified intersections.
At the April 19th meeting, questions were raised as to the overall purpose of the project and whether an alternate approach, including a scaled back project or a suspension of the project, should be considered.
The Public Works Director will meet with FDOT representatives on April 30th to discuss options regarding the use of $2.8 million of FDOT funds.
City Council may wish to discuss the following options:
· Resolve outstanding issues on design elements and proceed with the project.
· Ask FDOT to proceed with the 3R project with possible shared funding by the City.
· Reconstruct North Collier from the Bald Eagle Drive intersection to San Marco Road.
· Reconstruct North Collier from the Smokehouse Bay Bridge to San Marco Road.
· Reconstruct North Collier from Buttonwood to the Bald Eagle Drive intersection (or to the Smokehouse Bay Bridge).
· Redesign for a “suburban” section that would retain the existing sidewalk and swales, provide underground drainage lines and catch basins in the swale, retain existing median widths, but modify by lengthening openings, bulb expansion or closure where appropriate, provide intersection improvements, and remove and reconstruct existing roadway.
· Scale back project and identify specific improvements, such as closing medians, providing left turn lanes, swale grading, traffic signalization, and/or intersection improvements.
A special called meeting has been scheduled to discuss the future of the North Collier Boulevard Improvement Project. The project engineering team will be available.
RECOMMENDED ACTION: Discussion and further direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(C) Date: April 26, 2004
Agenda Section:
Business: Discussion
Subject: Appointment of Board of Supervisors for the Department: City Council
Hideaway Beach Dependent Special Tax District
BACKGROUND:
On April 19, 2004 City Council adopted an ordinance to create the Hideaway Beach Dependent Special Tax District. The Ordinance provides that the governing body of the district, designated as the Board of Supervisors, shall be appointed by City Council. Appointments to the District Board shall serve at the pleasure of the City, but unless otherwise stated in the appointment, the members of the District Board shall serve for a term of three years from the date of appointment. The Board of Supervisors shall consist of five members who must be residents or property owners within the District. No member may serve as a representative on the Collier County Coastal Advisory Committee.
City Council is asked to consider the appointment of five members to the Hideaway Beach District Board of Supervisors. Attached are resumes of five residents or property owners recommended for consideration by the Board of Directors of the Hideaway Beach Homeowner’s Association.
RECOMMENDED ACTION:
Discussion and appointment of members to the Board of Supervisors if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: 6(F) Prepared By: Dana A. Souza, Parks/Rec. Director
Date: April 26, 2004
Agenda Section: Discussion
Business:
Subject: Award of Contract Department: Parks and Recreation
Winterberry Park – Softball Field Renovations
BACKGROUND:
City Council approved funding for improvements at Winterberry Park in FY03. The funding was originally approved to construct new restroom facilities at the park. Upon review of field conditions and after meeting with users of the park, primarily softball players, it became apparent that the funding would be best spent on rehabilitation of the field. City staff discussed this change in priority with City Council during the FY04 CIP Budget Workshop and funding for the restroom construction was targeted for FY06.
McGee and Associates developed specifications for the renovation project with input from park users and City staff. The project was released for bids in February 2004 and bids were opened on March 5, 2004. Two companies submitted bids. Quality Enterprises of Naples, FL was the low bidder.
Bids exceeded the available funding by nearly $100,000. After reviewing the bids with McGee and Associates, staff met with the designer and low bidder to adjust quantities. Even with quantities adjusted, the project costs continue to exceed available funding.
The project scope of services includes: new field fencing and backstop (no outfield fencing is included), new skinned infield set to proper dimensions, site drainage improvements, new irrigation system for the playing field area, new sod in outfield (200’ from home plate), new dugouts, new potable water line, and new drinking fountains.
In order to complete this project, staff recommends re-directing money for the Tommie Barfield Basketball Court Renovations ($100,000), approved in FY04 to the Winterberry Park project. The basketball court project has been placed on hold indefinitely since the decision on locating the new Charter Middle School has not been finalized. If the school is built at it’s current location, the basketball court area will be needed for constructing the new school and the court renovation will not occur. As a matter of overall priority, the renovation of the Winterberry Park Softball Field has a much higher ranking since it hosts year round play and hundreds of users.
Should City Council agree to re-direct funds from the Tommie Barfield Basketball Court Renovations to the Winterberry Park Softball Field Renovations the project can go forward with funding available in the amount of $213,070.70. The negotiated price for the softball field renovations is $193,587.60. The Winterberry Project account has a balance of $113,070.70.
Winterberry Project Balance - $ 113,070.70
Re-directed Funds from Tommie Barfield - 100,000.00
Winterberry Project New Balance - $ 213,070.70
Quality Enterprises - (193,587.60)
Winterberry Project Contingency - $ 19,483.10
Staff recommends that the FY04 funding for the Tommie Barfield Basketball Court Renovations ($100,000) be re-directed to the Winterberry Park Softball Field Renovations project and that the contract to complete the renovations be awarded to Quality Enterprises. If contract is awarded, project will begin in May 2004 and be completed by September 1, 2004.
Quality Enterprises constructed the Bocce Courts at Mackle Park.
RECOMMENDED ACTION: Discussion.
1) Approve transfer of funds from the Tommie Barfield Basketball Court Renovations ($100,000)
project to the Winterberry Park Softball Field Renovations project.
2) Award the contract to renovate the Winterberry Park Softball Field to the lowest responsible
bidder, Quality Enterprises, in the amount of $193,587.60.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: April 26, 2004
Agenda Section:
Presentations
Subject: Big Cypress Basin Department: City Council
BACKGROUND:
Representing Big Cypress Basin, Clarence S. Tears, Jr., Director, will present information on a variety of topics.
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: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(B) Date: April 27, 2004
Agenda Section:
Presentations
Subject: Collier Area Transit (CAT) Bus Service Department: City Council
BACKGROUND:
Representing the Collier County Traffic Operations and Alternative Transportation Modes Department, Diane Flagg, Director, will present information regarding the CAT bus service proposed for Marco Island.
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: May 3, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: April 27, 2004
Agenda Section:
Business: Discussion
Subject: Dates for CIP Workshop Meeting Department: City Council
BACKGROUND:
Because of schedule conflicts and questions regarding the status of the North Collier Boulevard Project, the Capital Improvement Plan workshop meeting on May 7th and 8th was canceled.
In order to schedule a workshop meeting suitable to the schedules of each Councilor, City Council is asked to discuss and establish mutually acceptable dates for the CIP workshop (dates beginning June 14th and thereafter will be difficult to accommodate due to known staff and Council vacation schedules).
While one or two all-day work sessions have historically been very productive, City Council may wish to consider multiple late afternoon/evening sessions.
We have also learned that there is at least one scheduling conflict for the operating budget workshop meeting scheduled for Friday, June 11th. City Council may wish to consider another day for the operating budget workshop.
RECOMMENDED ACTION:
Discuss and select mutually acceptable dates for workshop meetings.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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