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, August 2, 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 h 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. 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.
(A) Council Minutes for June 21, 2004 (Regular Meeting)
(B) Waiver of Legal Conflict, Re: Hideaway Beach Tax District Board
(C) Hideaway Beach Tax District Budget
5. PRESENTATIONS
(A) Proclamations - Recognition of Original Planning Board Members - Maury Dailey, Rich Nelson, Herb Savage.
6. BUSINESS
DISCUSSION - Proposed Resolution to Amend Water Conservation Rates.
ORDINANCE - Second Reading & Public Hearing - An Ordinance to Establish Lethal Palm Yellowing Regulations.
ORDINANCE / DISCUSSION - First Reading - An Ordinance to Establish Rules for the Use of City Owned Parks.
RESOLUTION - Petition V-04-10, Frank and Martha Ortiz, property owners, requesting a 7.4 foot variance from the minimum required waterfront yard setback of 10 feet for a swimming pool on property located at 1760 Barbados Avenue, further described as Marco Beach Unit 2, Block 45, Lot 16, City of Marco Island.
RESOLUTION - Petition FV-04-02, the Marco Island YMCA, property owner, requesting a variance of 2.6 feet from the required 10 foot (NGVD) base flood elevation requirement to construction a maintenance garage facility at 101 Sandhill Street, further described as Tract "A", Marco Beach Unit 25, City of Marco Island.
RESOLUTION - A Resolution Authorizing FDOT Funded Landscape Development Improvements.
DISCUSSION - Installation of Gravity Sewer in Select Areas.
DISCUSSION - Award of Contract - Winterberry Bridge Intersection Repairs and Utility Line Relocation.
DISCUSSION - LCEC Franchise / Development of Underground Power Lines.
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: August 2, 2004
Agenda Item: 6(G) Prepared By: Bruce Weinstein, P.E.
Date: July 20, 2004
Agenda Section: Discussion
Business:
Subject: Installation of Gravity Sewer for situations Department: Marco Island Utilities
that benefit the public and the City
BACKGROUND:
As part of the preparation of the Utility Master Plan, the City Council on June 7, 2004 directed the City’s consultant to evaluate a gravity sewer system for the unsewered areas of Marco Island. Several years may pass before all the unsewered areas of Marco Island are connected to the sewer system. Instances have occurred where landowners (or residents) offer to contribute significantly more that the estimated $10,000 per residence to connect to a sewer system. By having the City accept these higher payments from a few individuals the balance of the cost of the system that is paid by the other residences that connect to the system is reduced.
Marco Island Utilities would consider requests from individuals for installation of the infrastructure for a system in a limited in a limited area only if it generally satisfies the following criteria:
1. Other residences in the area would have a financial benefit in connecting to the sewer system instead having
2. The initial cost to the City is substantially reduced from paying the entire cost of a system for the limited area.
3. The location of the lift station and sewer lines for the limited area conform to the overall plan for sewering the island in order that the total number of lift stations will be approximately the same as initially estimated when all areas of the island are connected to the sewer system.
4. The existing force main that the new lift station will connect has sufficient capacity.
5. The wastewater treatment plant still has the capacity to accept wastewater from new customers
RECOMMENDED ACTION:
Authorize the City Manager to approve the projects for the installation of gravity sewer systems in select areas that satisfy the general criteria outlined herein. The approval for any one project consisting of engineering, permitting and construction is to be limited to $500,000. with an annual maximum limit of $2,000,000.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: 6(H) Prepared By: Bruce Weinstein, P.E.
Date: July 26, 2004
Agenda Section: Discussion
Business:
Subject: Contact Award for Completion of the Piping Across Department:: Marco Island Utilities
the West Winterberry Bridge and Repair Of the
Road By the Heathwood Winterberry Intersection.
BACKGROUND:
Florida Water Services (FWS) initiated the original project at the West Winterberry Bridge in September 2003 at a cost of $269,250 to replace the old 24-inch ductile iron pipe suspended from the bridge that connects the 24-inch water main on the east and west side of the bridge along Winterberry Drive with a new 24-inch water main installed under the canal.
The steep angle of the original drilling effort could not be achieved so the engineering consultant for FWS prepared a modified design using a more gradual incline for the pipe that greatly increased the amount of pipe needed for the project. Marco Island Utilities increased the project cost by $35,000 to $319, 250 to pay for the additional pipe. The second drilling effort, postponed until after the winter season, encountered excessive losses of the bentonite slurry (probably from some buried objects) used to keep the borehole open. Ultimately extensive collapsing of the borehole caused collapse of some of the intersection at Heathwood and Winterberry, and along 140-feet of Winterberry Drive east of the intersection. The drilling was terminated in June 2004. The repair of the roadway cannot be safely achieved without the
removal of the existing 24-inch diameter asbestos-cement water main adjacent to the 140-foot section of collapsed road.
The City of Marco Island agreed to pay the driller for the additional pipe ($55,553.75 + $18,501.25), the cost of the excessive quantity of bentonite ($11,996.20) used to attempt to plug the subsurface void, two additional pipe fittings needed ($996.40), plus $7,650 for retention funds for the scope completed under the original FWS contract the City assumed at the time of purchase. The total cost to the City to date is $94,697.60 which include 1,350 feet of 24-inch HDPE pipe plus several pipe fittings. The initial 350-ft of pipe and many of the pipefittings were paid by FWS as part of the initial purchase order.
The objectives of the current project are:
1. Repair the subsurface and road extending from the intersection of Winterberry and Heathwood to about 140-feet east of Heathwood along the southern lane of Winterberry Drive.
2. Replace the 24-inch diameter asbestos-cement water main from about 140-feet east of Heathwood Drive to a location near the east side of the Winterberry Bridge where the asbestos- cement pipe connects to the ductile iron pipe with a new 24-inch diameter HDPE pipe.
3. Replace the 24-inch diameter ductile iron water main that spans the Winterberry Bridge with a new 24-inch diameter ductile iron (flex ring or lock ring) pipe and install isolation valves on each side of the bridge.
The estimated cost of the project above the incurred costs is approximately $320,000 to $350,000. Of this amount approximately $60,000 is for equipment to provide line stops for a by-pass to maintain water service during the construction period, $50,000 for repaving the road, $60,000 for new ductile pipe valves and pipe supports. The balance of the$150,000 to $180,000 is for the on-call Contractor, Mitchell and Stark to perform the dewatering, excavating, backfilling, compacting, and installing the piping.
RECOMMENDED ACTION:
Authorizes the City Manager to approve the construction services to repair the road along Winterberry Drive and install the new water main across the West Winterberry Bridge.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: 6(E) Prepared By: K. Greg Niles
Date: July 15, 2004
Agenda Section: Resolution
Business:
Subject: FV-04-02, the Marco Island YMCA requesting Department: Community Development
a 2.6 foot Base Flood Elevation variance to
construct a new maintenance garage facility
at 101 Sandhill St.
BACKGROUND:
Ms. Cindy Love, Marco Island YMCA CEO, is requesting a 2.6-foot variance from the required 10.0 (NGVD) base flood elevation requirement to allow for the construction of a new maintenance garage facility on the YMCA campus at 101 Sandhill Street. The proposed structure is approximately 2,500 square feet, and in addition to storage space will provide two handicapped accessible restrooms. The proposed structure is located between two tennis courts, the swimming pool and the basketball court (see attached Site Plan).
The new structure is non-habitable (no air-conditioning) and will be “wet-flood proofed” to allow for rising waters to enter into the structure in a controlled manner through flood vents. The restrooms will also be designed with backflow prevention devices. The flood variance has been requested to allow the building to be built slightly above existing grade to facilitate handicapped and vehicular/equipment access, and to avoid impacts to adjoining recreational amenities.
City Council will be acting as the Board of Zoning Appeals in this matter. A resolution approving the requested variance is attached for Council’s consideration.
RECOMMENDED ACTION:
Conduct required public hearing; 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: August 2, 2004
Agenda Item: 6(F) Prepared By: Rony Joel, Public Works Director
Date: July 15, 2004
Agenda Section:
Business: Resolution
Subject: A Resolution Authorizing Landscape Department: Public Works
Development Improvements
BACKGROUND:
The City has previously received FDOT grants for landscape improvements. One grant, in the amount of $100,000, is to provide landscaping adjacent to the Smokehouse Bay Bridge on North Collier Boulevard. The other grant, in the amount of $7,255, is to provide for landscaping at the intersection of North Collier Boulevard and San Marco Road.
Attached are two agreements with the FDOT for landscape installation and maintenance. In exchange for funding the City agrees to install and maintain landscape improvements when approved by the FDOT.
The Public Works Department will attempt to negotiate with FDOT for the installation of the landscaping concurrent with the North Collier Boulevard improvement project.
Attached is a resolution authorizing the Chairwoman to execute the agreements.
RECOMMENDED ACTION:
Adoption of resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: Prepared By: K. Greg Niles
6(B) Date: July 16, 2004
Agenda Section: Ordinance – 2nd Reading
Business:
Subject: An Ordinance to Address Palm Lethal Department: Community Development
Yellowing (PLY) Disease
BACKGROUND:
At the June 21, 2004 meeting City Council adopted on first reading an ordinance to address Palm Lethal Yellowing (PLY), an infectious disease that affects 38 known species of palms. Because of the potential for the rapid spread of the disease, time is of the essence once PLY is detected. The proposed ordinance will allow City Council or the city manager the ability to declare a “localized state of emergency,” granting broad powers to address PLY, and to institute mandatory inoculation within designated areas with or without the cooperation of property owners.
During the discussion on first reading the issue of frequency of inoculations was raised. Attached is a response from Dr. Caldwell who recommends a minimum of three inoculations per year. The ordinance has been revised accordingly, as has the section dealing with lien procedures.
The revised ordinance is attached for Council’s consideration. Further, staff is finalizing an informational brochure on PLY for public distribution as requested by City Council.
RECOMMENDED ACTION:
Conduct public hearing; motion to 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: August 2, 2004
Agenda Item: Prepared By: Donald R. Blalock, Jr.
6(D) Date: July 16, 2004
Agenda Section:
Business: Resolution – Public Hearing
Subject: V-04-10 requesting a 7.4’ Encroachment into the Department: Community Development
Required 10’ Waterfront Yard Setback for a
Swimming Pool
BACKGROUND:
Petition No. V-04-10, Frank and Martha Ortiz, property owners are requesting a 7.4 foot variance from the minimum required waterfront yard setback of 10 feet for a swimming pool on property located at 1760 Barbados Avenue, further described as Marco Beach Unit 2, Block 45, Lot 16, Collier County, Florida and the City of Marco Island.
The City of Marco Island setback regulations require a 10-foot waterfront yard setback from the pool/screen enclosure to the seawall. The petitioners are requesting a variance be given to allow for a 7.4-foot encroachment into that waterfront yard setback. In 1991, at the time the petitioner’s home was constructed, the petitioners didn’t want to build a pool because they had not become full-time residents. As they are now soon to become full-time residents they wish to construct the pool in the setback area. The petitioners have stated that when their next-door neighbors built their home in 1990 the
County allowed them to construct a pool within the 10-foot waterfront yard setback area. They are asking to be allowed to do the same.
Staff did not find any hardship to support this petition. The petitioner has a 40’ x 40’ side yard that, while may not be the most desirable location, would still allow him to construct a fairly large swimming facility. In response to the County’s prior actions, staff found that in the early 1990’s the County was allowing corner lots whose property lines extended into the water to measure their waterfront yard setbacks from the property line not the seawall. This practice would place the pool very near the seawall and usually directly over the concrete seawall support anchors called
“dead-men.” In 1992 the County changed its position by requiring that all waterfront yard setbacks on corner lots would be measured from the seawall if the property line extended into the water.
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 June 23, 2004 meeting and voted 4-2 to recommend approval of petition V-04-10 to City Council. Since the Planning Board meeting, staff has received two additional letters of comment from neighbors in the area stating that they support the petition as presented.
Attached: Staff report, petitioner’s application, correspondence from neighbors and resolution should council desire to approve the variance requested.
RECOMMENDED ACTION:
Conduct required public hearing, motion to deny the variance request 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: August 2, 2004
Agenda Item: Prepared By: William P. Harrison
5(B) Date: July 19, 2004
Agenda Section:
Business: CONSENT AGENDA
Subject: Department: Finance
WAIVER OF LEGAL CONFLICT
BACKGROUND: R. Bruce Anderson, with the law firm of Roetzel & Andress, has been approached by the Hideaway Beach Tax District Board to serve as legal counsel for the board. Mr. Anderson has prepared a contract for services; that contract was accepted by the Tax District Board at their meeting of Friday, July 16th.
The contract is contingent upon City Council action to waive any potential conflicts of interest. This waiver will allow Mr. Anderson and/or other members of his firm to represent other private and public clients in actions before the City Council or other City boards or commissions. This consent to the waiver may be revoked at any time upon two weeks written notice to Roetzel & Andress.
The City Attorney has reviewed this item and recommends approval.
RECOMMENDED ACTION: Approval by the City Council for Council Chairwoman DiSciullo to execute the attached waiver of conflict of interest with Roetzel & Andress.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: 5(C) Prepared By: William P. Harrison
Date: July 19, 2004
Agenda Section:
Business: CONSENT AGENDA
Subject: Department: Finance
HIDEAWAY BEACH TAX DISTRICT BUDGET
BACKGROUND: Ordinance 04-05, approved by the City Council on April 19, 2004, created the Hideaway Beach Tax District. Section 8, BUDGET AND APPROVAL THEREOF requires that: “No later than each August 1, such proposed budget shall be delivered to the City Manager of the City. The budget of the District shall be approved and adopted by the City Council of the City no later than September 30 following delivery of the same to the City Manager.
The attached budget was developed by the Finance Committee of the Tax District and approved by the Hideaway Tax District Board at their July 16th meeting. For Fiscal year 2005, the budget calls for a general obligation bond issue in the amount of $2,700,000 for the purpose of financing beach renourishment at Hideaway Beach. Beach renourishment costs are estimated at $2,400,000. Revenues in excess of capital construction costs will be used to finance the costs of issuance of bonds, the first year’s interest expense on the bonds, annual monitoring costs of the renourishment, legal and professional fees involved in the creation of the tax district, and other operating expenses. Bonds will be repaid over six years beginning in Fiscal Year 2006.
Collier County Tourist Development funds will be used to finance construction of T-groins at Hideaway Beach and to pay for 50% of the annual costs of monitoring the renourishment.
Dependent tax districts such as Hideaway Beach must be included in the legally adopted budget of the City on an annual basis. Voters within Hideaway Beach will be asked on August 31st to approve the issuance of the bonds and a tax levy to finance the operations of the district. Assuming approval of that referendum, the Hideaway Beach budget will be included in the City’s Fiscal Year 2005 budget.
RECOMMENDED ACTION: Approval for the City Manager to include the Fiscal Year 2005 budget for Hideaway Beach in the City’s annual budget, pending approval from the registered voters of Hideaway Beach of the bond and tax referendum
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: 6(I) Prepared By: William P. Harrison
Date: July 19, 2004
Agenda Section:
Business: DISCUSSION
Subject: Department: Finance
LEE COUNTY ELECTRIC CO-OP FRANCHISE
BACKGROUND: City Council has previously directed staff to work with Lee County Electric Cooperative to underground power lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of that roadway. South Collier Boulevard is scheduled to move forward to award of contract in December. LCEC will need approximately three months to have materials necessary for undergrounding on site, requiring that we have a contract in place in September. The designed construction cost estimate for South Collier Boulevard is $1,000,995.
We also have a designed construction cost estimate of $1,895,000 to underground North Collier Boulevard. Looking forward, Marco Island has approximately 42 miles of three-phase power lines. Undergrounding all of those lines would cost in the range of $34.6 million at today’s construction costs. We also have approximately 80 miles of single-phase lines, generally those lines serving residential streets. Those lines would cost approximately $7.4 million to underground, again in today’s costs. The major transmission lines coming onto Marco Island and proceeding down Bald Eagle Drive cannot be placed underground (see attached map).
We are working with LCEC on an electric utility franchise agreement. This agreement will call for a 5% franchise fee, imposed by the City, collected by LCEC on their regular customer billings and remitted to the City. In 2002, LCEC had gross billings on Marco Island of $26 million. The 5% franchise fee would generate in the range of $1.3 million annually. The average monthly residential electric bill on the island is $101. The 5% franchise fee would cost the average homeowner $5.05 monthly. Projects for North and South Collier Boulevard would use the franchise fee revenues for approximately the first two and one-quarter years of the agreement. The electric franchise fee would be accounted for as an enterprise fund, exempt from the Spending Cap. Revenues would be used to offset the capital
expenditures of undergrounding power lines.
RECOMMENDED ACTION: Discussion and direction to staff. Representatives from LCEC will be present for the meeting.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 2, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: July 19, 2004
Agenda Section:
Business: Proclamation
Subject: Proclamation to Commend Maury Dailey, Department: City Council
Rich Nelson, and Herb Savage
BACKGROUND:
Maury Dailey, Rich Nelson, and Herb Savage have devoted 6 ½ years of service to the community as members of the Planning Board. They were first appointed in December 1997 and served until June 2004. During this time each was faced with the difficult task of assisting in the formation of the City of Marco Island, its first Comprehensive Plan and subsequent Land Development Code, long-term planning, and numerous topics and decisions that affected the every day life of the Marco Island community.
Each deserves to be recognized for their special service to the City of Marco Island and are presented with a Proclamation to commend their service and to thank them for their dedicated effort to help their community.
RECOMMENDED ACTION:
Present Proclamations.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
Meeting Date: August 2, 2004
Agenda Item: Prepared By: William P. Harrison, Finance Director
6(A) Date: July 22, 2004
Agenda Section:
Business: Discussion
Subject: Water Conservation Rate Schedule Department: Finance
BACKGROUND:
Upon the acquisition of the water and wastewater utility systems City Council embarked on a master planning process and the development of a business plan for the future operation of the utility. Periodic meetings between the firm that is assisting in the development of the plan and City Council reveal that conservation of water resources must be a fundamental part of the business plan. There are several reasons for this. They include:
· Limited source of water available coupled with an extended dry season with little or no rain.
· Limited land area for the production of water and the treatment of wastewater.
· Limited supply of water available from 18 wells on the island and from Marco Lakes/Henderson Creek.
· The well water supply is becoming increasingly brackish and more difficult to treat.
· The higher the demand for water the greater investment in capital facilities required to treat the water and, therefore, higher utility rates are needed to offset this capital investment.
· Federal and state regulations require increasingly more stri | 
