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 17, 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
Reverend Dean Dalrymple, United Church of Marco Island
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for May 3, 2004 (Special-Called Meeting)
(B) Council Minutes for May 3, 2004 (Regular Meeting)
(C) Council Minutes for May 5, 2004 (Special-Called Meeting)
5. BUSINESS
ORDINANCE - First Reading - An Ordinance Proposing the Annexation of Horr's Island (Key Marco) and Surrounding Keys.
RESOLUTION - Petition R-04-01. Marco Knauerhase of ERA Flagship Real Estate, representing Gottfried and Thelka Zielke, is requesting a rezoning from single-family residential district "RSF-3" to commercial professional transitional district "C-1/T", for property located at the southeast intersection of South Barfield Drive and Hawaii Circle, referred to as Tract "L", Unit 5, Section 16, Township 52 South, Rage 26 East, Marco Island.
RESOLUTION - Petition CU-04-05. Cindy Love, Executive Director of the Marco Island YMCA, is requesting conditional use (3) of Section 30-342 of the CF zoning district in order to increase the size of the existing activities building by approximately 34,000 square feet, to provide three additional tennis court, to supplement existing playground equipment, to provide vehicular access to Gulfstream Street, to enhance on-site parking, vehicular circulation, landscaping and pedestrian drop-off for property located at 101 Sandhill Street, commonly referred to as the Marco Island YMCA.
DISCUSSION - Appointment to Collier County Coastal Advisory Committee.
DISCUSSION - Public Notices and Communications.
DISCUSSION - Award of Design - Build Contract for ASR Wells.
DISCUSSION - Process of Consent Agenda.
DISCUSSION - 4TH of July Committee.
DISCUSSION - Approval of City Attorney Contract.
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 opinions. We also ask that Public comment be limited to four minutes.
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: 5I) Prepared By: A. William Moss, City Manager
Date: May 12, 2004
Agenda Section:
Business: Discussion
Subject: Approval of City Attorney Contract Department: City Council
BACKGROUND:
On May 3, 2004 City Council authorized Councilman Tucker to negotiate a one-year renewal contract with Goodlette, Coleman and Johnson to provide legal services for the City. A copy of the negotiated contract is attached for Council's consideration and approval.
The only change to this contract from the previous contract is an increase in the attorney compensation rate from $175.00 per hour to $185.00 per hour. All other terms remain the same.
RECOMMENDED ACTION: Motion to approve the Agreement for Legal Services for the period May 1, 2004 through April 30, 2005.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: Prepared By: Bryan Milk, City Planner
5© Date: May 5, 2004
Agenda Section:
Business: Resolution
Subject: Petition CU-04-05 Requesting Conditional Use“3” Department: Community Development
And “9” of Section 30-324 for a New Activities Building,
Tennis Courts and Parking.
BACKGROUND:
Pursuant to sections 30-324(3) and 30-324(9) of the Marco Island Land Development Code, the YMCA is requesting conditional use approval to expand the existing YMCA activities building, provide additional tennis courts, parking facilities, and interconnection to Gulfstream Street for property located at 101 Sandhill Street. New improvements include a 34,000 square foot activities building; three new lighted soft surface tennis courts; grass playfield; lighted and covered outdoor basketball court; addition of approximately 50 parking spaces and accessibility to Gulfstream Street. The existing baseball field and four hard court tennis courts will be eliminated in conjunction with the above improvements. This proposal reveals the YMCA’s updated master plan for future growth and development.
Previously in 1999 the YMCA petitioned City Council for a master plan change revealing a new 14,000 square foot multi-use building north of the existing YMCA building and eight additional tennis courts to the east. Since approval, each of the tennis courts have been constructed and are fully operational. The new multi-use building has not been constructed.
The subject YMCA property is zoned “CF” and is approximately 8.5 acres in size. The YMCA was established on-site in 1980 and was incorporated in 1985. Throughout this period of time many improvements and facilities have been constructed including the existing activities building, swimming pool, basketball court, tennis courts, recreational fields, and skate park. The Marco Island deed restrictions recognize this area for recreation and community use, and the Marco Island Comprehensive Plan designates this area for non-residential uses characterized as recreational and open space uses.
In this matter the City Council will be acting as the Board of Zoning Appeals. The Planning Board heard this request at their April 23, 2004 meeting and voted 4 to 1 to recommend approval, subject to all conditions and exhibits contained in the Resolution of Adoption. During the public hearing a few of the surrounding neighbors complained about traffic, noise, landscaping, and trash. Martin Reeb, a homeowner along Gulfstream Street represented local residents and opposed access to Gulfstream Street. Letters opposed are attached to the Executive Summary. Members of the Planning Board also expressed concern regarding traffic along Sandhill Street and the YMCA’s neglect of campus landscaping and lawn maintenance.
RECOMMENDED ACTION:
Conduct required public hearing; motion to approve resolution subject to all conditions, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: 5(B) Prepared By: Bryan Milk, City Planner
Date: May 10, 2004
Agenda Section:
Business: Ordinance – 1st Reading
Subject: Rezoning action from RSF-3 to C-1/T for Department: Community Development
Petition R-04-01
BACKGROUND:
Margot Knauerhase of ERA Flagship Real Estate, representing Gottfried and Thelka Zielke is requesting a rezone from “RSF-3” (single family residential) to “C-1/T” (transitional commercial), for property located at the southeast intersection of South Barfield Drive and Hawaii Circle, further described as Tract “L”, Marco Beach Unit 5.
Historically, the 0.37-acre lot was zoned “C-3” consistent with other commercial property located immediately north and south of the subject site. However, in 1991 the Collier County Board of County Commissioners rezoned the subject property from “C-3” to “RSF-3” through the Collier County Zoning Re-Evaluation Program mandated by the Collier County Comprehensive Plan. Staff is of the opinion the Zielkes held title to the subject property during this time, however, to staff’s knowledge the owner did not appeal or challenge Collier County’s rezoning action to residential.
The Zielkes have previously inquired about building a single-family residence on the vacant 0.37-acre corner lot, however, pursuant to the Marco Island Deed Restrictions, a single-family residence is prohibited from being developed on the subject property. In contrast, these same deed restrictions allow commercial and institutional type land uses, many of which are higher intensity and more offensive than the uses provided for the “C-1/T” zoning district. This petition was originally considered and approved in April 2003, as petition R-03-01. However, the Department of Community Affairs declared the companion small-scale comprehensive plan amendment inconsistent with review criteria, and directed staff to review the item as a large-scale plan amendment. The City is due to receive a finding of consistency
from the Department of Community Affairs for the large-scale comprehensive plan amendment by May 14, 2004.
Consequently, the Zielkes seek to rezone the lot to “C-1/T”, supportive of providing less intensive commercial uses in order to establish transitional development within this area, and complying with underlying deed restrictions.
The Planning Board considered this petition at a public hearing on May 7, 2004, and voted 5 to 0, with one abstention, to recommend approval of Petition R-04-01. No members of the public spoke in opposition or support for the petition. An ordinance is presented for consideration on first reading should Council desire to grant the amendment sought.
RECOMMENDED ACTION:
Conduct public hearing; motion to approve Ordinance on first reading, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(D) Date: May 10, 2004
Agenda Section:
Business: Discussion
Subject: Appointment to the Collier County Department: City Council
Coastal Advisory Committee
BACKGROUND:
This subject was scheduled on the May 5, 2004 agenda and deferred to this meeting.
The Collier County Coastal Advisory Committee is appointed by the Board of County Commissioners. Members of the CAC consist of three representatives from Marco Island, three from Naples, and three from unincorporated Collier County. Representatives from the City of Marco Island are appointed by the Board of County Commissioners upon the recommendation of the Marco Island City Council.
Members representing the City of Marco Island are John Arceri, Jim Snediker, and Bedford Biles. The term for Mr. Biles will expire on May 22, 2004.
The Board of County Commissioners has asked that the Marco Island City Council provide one or more names that Council would like to be considered for appointment to represent Marco Island. Mr. Biles is eligible for reappointment, but has requested that he not be considered. The resumes of residents who have expressed an interest in the appointment are attached for consideration.
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 17, 2004
Agenda Item: Prepared By: K. Greg Niles
5(A) Date: May 10, 2004
Agenda Section: Public Hearing – Ord. 1st Reading
Business:
Subject: Annexation Ordinance for Horr’s Island Department: Community Development
(Key Marco) and Surrounding Keys
BACKGROUND:
At the City Council meeting of April 5, 2004 Council accepted by Resolution No. 04-18 the findings of the Annexation Report prepared for Horr’s Island (Key Marco) and surrounding Keys. The next step in the formal annexation process is the adoption of an annexation ordinance, which outlines the procedures and timeframes for final action on the desired annexation. As stated in the attached Annexation Ordinance, the actual referendum will be held in conjunction with the primary election on August 31, 2004.
The City has commissioned a sketch and legal description of the area sought for annexation. The total landmass area involves approximately 965 acres. While revising the current corporate limits description to accommodate the proposed annexation area, staff addressed concerns raised by the Police Department regarding jurisdiction of abutting waterways. The legal description has been crafted to provide desired jurisdiction throughout the Caxambas Pass area, and has been endorsed by the Police Department. A copy of the sketch and legal description are attached to the Ordinance.
Upon adoption of the Ordinance on first reading staff will notify the Department of Justice of the pending annexation vote, and seek their required pre-election clearance. A second public hearing and final reading of the Annexation Ordinance is scheduled to occur on June 7th.
RECOMMENDED ACTION:
Conduct first required public hearing; motion to adopt Ordinance as presented on first reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: 5(E) Prepared By: A. William Moss, City Manager
Date: May 10, 2004
Agenda Section:
Business: Discussion
Subject: Public Notices and Communications Department: City Council
BACKGROUND:
This subject was scheduled for April 5 and May 3, 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:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(F) Date: May 12, 2004
Agenda Section:
Business: Discussion
Subject: Award of Design/Build Contract for ASR Wells Department: City Manager
BACKGROUND:
At the special called City Council meeting on May 5, 2004 John Darmody, Project Engineer with MWH Engineers, presented a status report for the ongoing Marco Island Utility Master Plan. One component of the Plan is the well water supply from Henderson Creek/Marco Lakes and the aquifer storage and recovery (ASR) wells.
City Council was advised of the urgent need to secure three new ASR wells to provide for a dependable source of water. Because of pending regulations, Mr. Darmody urged City Council to act immediately to ensure the construction and completion of three new wells before January 1, 2005. He also advised that the disinfection process at Marco Lakes requires improvements to meet FDEP requirements, and that a water use permit modification application must be submitted to the South Florida Water Management District to increase the water allocation from Henderson Creek. The estimated costs for permitting, engineering design, and construction is $2 – 2½ million. City Council unanimously authorized the construction of three new ASR wells immediately.
Also during the presentation City Council and MWH representatives discussed different methods to construct utility projects. These methods included: 1) the traditional design, bid, construction, and construction supervision; 2) design/build; and 3) construction management at risk.
The City Manager and utility staff requested that MWH submit a proposal for design/build services for the
ASR system expansion. The proposal is attached and includes the following:
· Submittal of applications for a water use permit modification to SFWMD’
· Conduct an ASR system pretreatment analysis;
· Design ASR wells, pumps, wellhead equipment, water transmission line, and raw water intake;
· Design ASR pretreatment system;
· Construction planning and bidding services;
· Design coordination and scheduling.
The above components fall under Phase I. Phase II is the construction, startup, and testing of the ASR wells and pretreatment system.
Phase I services are offered for a lump-sum fee of $510,550. The service fee for Phase II will be negotiated after receipt of bids from qualified contractors for the construction of the ASR wells and the pretreatment system.
The City’s Utility Engineer is reviewing the man-hour allocations for each task and will negotiate with MWH as deemed appropriate prior to the City Council meeting.
Chapter 287.055, Florida Statutes, is known as the “Consultants’ Competitive Negotiation Act” and is applicable to municipalities. Design/build contracts are permitted, but they require a competitive proposal selection process. However, the statute provides that, in the case of public emergencies, City Council may declare an emergency and authorize negotiations with the best-qualified design/build firm available at that time.
City Council and City management concur that the three ASR wells should be completed by January 1, 2005. In order to meet this deadline, it is recommended that City Council formally identify the project as a public emergency and authorize the City Manager to negotiate and execute a contract work order with MWH for a lump-sum fee not to exceed $510,550 for Phase I, and to negotiate and execute a work order for Phase II engineering and construction services after receipt of bids from qualified contractors.
RECOMMENDED ACTION:
Motion to declare an emergency and authorize the City Manager to negotiate work orders for a design/build project as recommended.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: Prepared By: K. Greg Niles
5(G) Date: May 12, 2004
Agenda Section:
Business: Discussion
Subject: Consent Agendas Department: Community Development
BACKGROUND:
Following a discussion at the May 3rd meeting regarding expanded authority for the Planning Board, City Council requested information about consent agendas. The purpose of a consent agenda is to provide a convenient format for the timely disposition of “routine items” that do not require to be heard individually. Examples of items that could be candidates for placement on a consent agenda include appointments to boards and commissions, awarding of contracts, resolutions of support, and proclamations. The Board of County Commissioners include a consent agenda entry which reads as follows:
Consent Agenda – All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately.
The County also utilizes a Summary Agenda for specific land use related petitions, such as variances, dock extensions, conditional uses, etc. The County describes the Summary Agenda as follows:
Summary Agenda – This section is for advertised public hearings and must meet the following criteria: 1) A recommendation of approval from staff; 2) Unanimous recommendation of approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, or other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items, which are quasi-judicial in nature, all participants must be sworn in.
The City Attorney will be prepared to address specific questions concerning the use of consent and summary agendas. Neither format is recommended for the approval of ordinances.
RECOMMENDED ACTION:
Discussion and direction, as desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: May 17, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(H) Date: May 12, 2004
Agenda Section:
Business: Discussion
Subject: 4th of July Committee Department: City Manager
BACKGROUND:
At the meeting held on April 5, 2004, City Council agreed to sponsor the 4th of July fireworks celebration previously funded by the Kiwanis Club of Marco Island. Since that time, local community organizations have offered to assist in fund raising efforts in order to defray the associated costs.
Councilman Tucker suggested that Council consider assigning the coordination of the fund raising effort to staff, while other council members have expressed an interest in the formation of a committee to handle this event.
RECOMMENDED ACTION: Discussion and further direction, if appropriate.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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