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, October 4, 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
Reverend Joy Baumgartner, United Church of Marco Island
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 September 20, 2004 (Regular Meeting)
(B) Award of Contract – Recreation Services with YMCA
(C) Award of Contract – Goldenrod Bridge Repairs
(D) Award of Contract – Underground Utilities for South Collier Boulevard.
(E) Health Insurance Renewal
(F) City Assistance – Otter Mound Property
(G) Update – Restaurant Parking
5. BUSINESS
ORDINANCE – Second Reading & Public Hearing – An Ordinance to Adopt a Franchise Agreement with LCEC.
ORDINANCE – Second Reading & Public Hearing – An Ordinance to Establish Rules for the Use of City Owned Parks.
RESOLUTION – Public Hearing – An appeal file by Behroz Parastran challenging the denial of Petition No. BD-04-15 by the Marco Island Planning Board, which denied a 3-foot extension from the maximum permitted 17-foot protrusion into the waterway to allow for a 20-foot boat docking facility on property located at 33 South Seas Court, further described as Marco Beach Unite 6, Block 248, Lot 23, Marco Island.
RESOLUTION – A Resolution to Establish Reimbursement for Future Bond Issue.
DISCUSSION – Amendment to Interlocal Agreement to Transfer CR 92A From Collier County to the City.
DISCUSSION – “Art in Public Places” Policy.
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: October 4, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
4(E) Date: September 28, 2004
Agenda Section:
Business: Discussion
Subject: Renewal of Health Insurance Policies and Department: City Manager
Increase in Employee Insurance Rates
BACKGROUND:
City employees are provided a fringe benefit allowance from which they may elect to purchase a “cafeteria of benefits” made available to them through the City, such as deferred compensation retirement, health and dental insurance, disability insurance, etc.
Health insurance benefits for City employees are provided through Blue Cross/Blue Shield of Florida; dental insurance is provided through Guardian Insurance. The renewal date for employee medical and dental insurance benefits is November 1st of each year. Our annual survey of other insurance carriers indicates that our current carriers provide the most competitive rates. Health insurance premiums increased last year by 16%, followed by an increase for this year of 5%. Dental insurance premiums increased last year by 8%, but will decrease slightly this year.
Unfortunately, health-care costs continue to rise at a rate that exceeds the benefit allowance for many employees. For the coming year, total combined cost of health and dental insurance (per month) will increase as follows:
2004 2005
Employee only $ 299.24 $ 315.21
Employee/spouse $ 769.45 $ 803.10
Employee/child $ 595.88 $ 621.10
Family coverage $1,066.19 $1,112.09
In the past, the City has supplemented a portion of the heath/dental premiums to remain competitive with the practices of other local governments. Without the supplement, the cost of health/dental benefits would exceed the benefits allowance of many employees, especially those needing family coverage. Currently, the supplement amount provided by the City to the health/dental plan is $208,788 annually.
The increase in insurance plan costs for 2005 is $20,900. Council may direct that this increase be paid for by employees enrolled in the health/dental plan, split equally between the City and the enrolled employees, be allocated to the General Fund, or any other combination of City/employee allocation. Should Council direct that the increase be allocated to enrolled employees, or split equally, the employee's monthly contribution will increase as follows:
100% employee 50/50% split
Employee only $ 12.76 $ 6.38
Employee/spouse $ 33.65 $16.83
Employee/child $ 25.22 $12.61
Family coverage $ 45.90 $22.95
Inasmuch as an increase in the amount of $45.90 represents a significant additional monthly financial obligation for the average employee, it is recommended that Council consider splitting the increase with the employee.
RECOMMENDED ACTION: Authorize renewal of health insurance contract with BCBS, with additional premiums to be divided 50-50 between the City and employee.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: Dana Souza
4(B) Date: September 14, 2004
Agenda Section:
Business:
Subject: Agreement with the YMCA for Department: Parks and Recreation
Recreational Programming
BACKGROUND:
Since incorporation, the City has contracted with the Marco Island YMCA on an annual basis for certain park and recreational services. The current agreement is for the specific programs that the YMCA manages on behalf of the City, and YMCA programs that the City contributes to through the Parks and Recreation Department operating funds. The agreement is renewable on an annual basis upon the mutual agreement of the YMCA and the City.
This agreement is identical to the agreement approved by City Council for FY 2004 (March 15, 2004) except that the funds available for Teen Socials have been increased from $31,200 ($1,300/social) to $36,000 ($1,500/social). The amounts recommended for the FY05 contract with the YMCA are identical to the amounts discussed with City Council at the FY05 Operating Budget Workshop.
The YMCA Board approved the agreement at their September meeting.
With City Council approval of the agreement, the direct cost to the City is as follows:
Recreational programs $ 53,600
- Teen Socials $ 36,000
- Teen Camp $ 2,000
- Theatre Camp $ 1,600
- Youth Summer Camp $ 4,000
- Youth Swimming Lessons $ 10,000
Total Contract Amount - $ 53,600
RECOMMENDED ACTION
Council is asked to review and consider the proposed agreement with the Marco Island YMCA and to make amendments as deemed appropriate.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: Rony Joel, Public Works Director
4(C) Date: September 28, 2004
Agenda Section:
Business: Discussion
Subject: Award of Contract for Goldenrod Bridge Repair Department: Public Works
BACKGROUND:
The Goldenrod Avenue Bridge, built in 1972, is listed in the Five Year Bridge Plan report as requiring repairs to correct existing deficiencies. The repair of this bridge is in the 2004 Capital plan, Category III-Bridge Improvements, ID #21 with a budgeted amount of $258,000.
The Scope of Work includes replacement of portions of the seawall cap, restoring approach slab sub-grade, removal and replacement of approach slabs and installation of steel sheet piles.
Bids for this project were opened on September 16, 2004. Four sealed bids for the repair of the Goldenrod Bridge were received.
Base Bid Summary Low Bidder # 2 Bidder #3 Bidder
Company Bidding Kelly Brothers, Inc. CEM Enterprises Quality Enterprises
Total Base Bid Amounts (*) $ 238,739.40
$ 289,420.00 $ 296,160.00
Funds available for this project total $255,950.00. Based on an evaluation of bids, including a review of unit prices, contractor resources, and prior performance with the City of Marco Island on the Barfield Bridge replacement, Kelly Brothers, Inc. is deemed to be the lowest, most responsive, and qualified bidder for this project.
RECOMMENDED ACTION:
Award a contract to Kelly Brothers, Inc. in the amount of $238,739.40 and authorize the City Manager to execute the construction agreement.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: Dana A. Souza
5(B) Date: September 21, 2004
Agenda Section:
Business:
Subject: Park Rules Ordinance Department: Parks and Recreation Department
BACKGROUND:
At the September 20, 2004 meeting, City Council adopted on first reading a new ordinance addressing Park Rules. The Parks and Recreation Advisory Committee (PRAC), who began developing the ordinance in April 2003, drafted the ordinance. The process taken by the PRAC allowed for ample public input and committee discussion during PRAC scheduled meetings and at an August 23, 2004 Special Public Meeting on the proposed Ordinance.
During the discussion on first reading City Council asked staff to include language to allow children to use their electrically powered, radio controlled toy automobiles in the park. The ordinance has been revised accordingly, and has been underlined for easy reference (Section 3m).
The revised ordinance is attached for Council’s consideration.
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: October 4, 2004
Agenda Item: Prepared By: William P. Harrison
4(D) Date: September 21, 2004
Agenda Section:
Business:
Subject: Department: Finance
CONTRACT AWARD – UNDERGROUND POWER LINES S. COLLIER BOULEVARD
BACKGROUND: During City Council’s review of the plans for the rebuilding of South Collier Boulevard, Council directed staff to pursue undergrounding of the power lines along the roadway between San Marco Road and Winterberry Drive as part of the construction work. The City entered into an engineering contract with Lee County Electric Co-operative, Inc. (LCEC) to determine a firm construction price for the work.
That engineering work was completed earlier this year and further action has been on hold pending the determination of a funding source for the work. Two companion items to this award on this agenda are the second and final reading of the franchise agreement with LCEC and a reimbursement resolution that allows the City to incur costs now and be reimbursed by a future bond issue using franchise fee revenues as the source of repayment.
We have been assured by LCEC that the attached Designed Construction Cost Estimate of $1,000,995 continues to be valid if construction in completed within two years and that the cost proposed will serve as a final contract amount. Materials for the undergrounding have a long lead time for delivery and need to be ordered immediately to assure that the work can be done at the same time as the rebuilding of South Collier Boulevard.
LCEC must have ALL underground utilities completed by May 1, 2005.
RECOMMENDED ACTION: Approval to issue a contract to LCEC, in the amount of $1,000,995, to underground power lines on South Collier Boulevard between San Marco Road and Winterberry Drive.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: William P. Harrison
5(D) Date: September 22, 2004
Agenda Section:
Business: RESOLUTION
Subject: Department: Finance
REIMBURSEMENT OF COSTS BY FUTURE BOND ISSUE
BACKGROUND: As companion items on this City Council agenda, Council is being asked to approve on second reading the Franchise Ordinance to establish a 5% franchise fee on electric services provided on Marco Island, and a contract award to LCEC to underground power lines on South Collier Boulevard as part of the reconstruction of that roadway. Staff is currently in the process of determining the best way to finance the undergrounding of power lines along the entire length of Collier Boulevard that will cost approximately $3 million. This may be a bond issue, pay-as-you-go financing, or a combination of the two.
If the decision is made to issue bonds backed by revenues of the 5% electric franchise fee, a resolution providing for costs incurred to be paid from a future bond issue must be approved by the City Council. The attached resolution has been prepared by Bryant, Miller & Olive, bond counsel for the City. Approval of this resolution does not mandate that we issue bonds back by electric franchise fee revenues; however, without this resolution we cannot incur costs now and be reimbursed by a future bond issue.
RECOMMENDED ACTION: Approval of the attached resolution authorizing costs of underground power to be incurred and reimbursed by a future bond issue.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: Donald R. Blalock, Zoning Administrator
5(C) Date: September 27, 2004
Agenda Section:
Business: Resolution
Subject: Appeal of Petition BD-04-15 Department: Community Development
BACKGROUND:
Behroz and Frough Parastran, property owners, are appealing the decision of the Planning Board denying petition BD-04-15, which sought a 3-foot extension from the maximum permitted 17-foot protrusion into the waterway to allow for a 20-foot boat docking facility. BD-04-15 was filed by Duane Thomas Marine Construction, as agent for Behroz and Frough Parastran, property owners, requesting the 3-foot extension from the maximum permitted 17-foot protrusion to install a new boat dock located at 33 South Seas Court, further described as Marco Beach Unit 6, Block 248, Lot 23, Collier County, Florida and the City of Marco Island.
A permit was applied for to construct a 20-foot dock facility at this property. The plans were turned down because the canal width at the above mentioned property is 85 feet wide, not the usual 100 feet. Marco Island City Code 54-111(a)(2) states that; “On lots on a waterway which are less than 100 feet in width the combination of boat docking facility and moored vessel(s) shall not protrude more than 20 percent of the surveyed waterway width.”
For this instance, 20 percent of the width (85 feet) is only 17 feet. The dock was re-designed and a permit was approved for a 16.8-foot dock. The dock, however, was constructed at the original 20-foot protrusion. Code Enforcement was notified that the dock was in violation. A stop work order was posted on the dock and a citation was issued to the property owner to remove the area of the dock in violation. The petitioner then applied for a boat dock petition requesting a 3-foot extension to allow for a 20-foot boat docking facility.
The Planning Board heard this matter at their August 20, 2004 meeting and voted 7-0 to deny petition BD-04-15. In this matter City Council will act as the Board of Zoning Appeals. Pursuant to section 54-115 of the Marco Island Land Development Code, the Board of Zoning Appeals can affirm, affirm with conditions, reverse, or reverse with conditions the actions of the Planning Board. The Board should focus on exhibits and testimony presented at the public hearing, and render a decision based on whether the Planning Board’s approval was consistent with the review criteria in section 54-115 (attached). A copy of the staff report to the Planning Board and the resolution and conditions is attached for Council’s review. Mr. & Mrs. Parastran are exercising their right to appeal the Planning Board’s decision to
the City Council acting as the Board of Zoning Appeals. A copy of the Parastran’s appeal is also attached.
RECOMMENDED ACTION:
Hold required public hearing; motion to affirm the decision of the Planning Board.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: 4(F) Prepared By: K. Greg Niles
Date: September 28, 2004
Agenda Section: Consent Agenda
Business:
Subject: City Assistance – Otter Mound Property Department: Community Development
BACKGROUND:
In April 2003 City Council agreed to act as Managing Agency in conjunction with the State’s effort to acquire the “Otter Mound” property, a 1.78 acre tract adjacent to Addison Court. In accepting the role as Managing Agency staff outlined City commitments to the State (see attached). After continued negotiations with the owner the State was unable to acquire the property.
In the interim Conservation Collier began soliciting potential sites for possible acquisition. The City nominated the Otter Mound property, and after an extensive review process, the site was selected for acquisition. This time the negotiations were successful, and the property was acquired.
Conservation Collier is in the process of developing a final management plan that will set the stage for future use of the property. They have requested the City, as a partner, to provide the following assistance: 1) increased police patrolling around the property, 2) continued mowing of the right-of-way area abutting the property, and 3) cooperation in preparing future grant applications, and permitting considerations for possible parking in the swale area. Conservation Collier will post the property for no trespassing, install bollards in the existing driveway area, and place a sign.
RECOMMENDED ACTION:
Approval to direct City Manager to communicate City’s commitment to provide services outlined above in support of Conservation Collier activities on the Otter Mound property.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: Dana A. Souza
5(F) Date:
Agenda Section:
Business: Discussion
Subject: Art in Public Places Department: Parks and Recreation Department
BACKGROUND:
At the September 20, 2004 City Council meeting, Councilor Kelber requested, and the full Council agreed, that the topic of “Art in Public Places” should be placed on a future agenda for discussion.
After reviewing ordinances and policy from other communities concerning Public Art, staff has prepared the attached information for Council review. Ordinances and policies from other communities are also attached.
RECOMMENDED ACTION: Council discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: October 4, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: September 28, 2004
Agenda Section:
Business: Ordinance – Second Reading
Subject: Department: City Manager
ORDINANCE TO ADOPT A FRANCHISE AGREEMENT WITH LCEC
BACKGROUND: City Council directed staff to work with Lee County Electric Cooperative, Inc. to provide for the relocation of overhead power lines to underground power lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard. The estimated cost to provide underground power lines in conjunction with the reconstruction is $2.9 million. The future costs to provide forty-two miles of underground three-phase power lines is in the range of $34.6 million, and the cost to provide eighty miles of single-phase lines is approximately $7.4 million.
City Council agreed that a 5% electric franchise fee, which would generate in the range of $1.3 million annually, should be dedicated to pay the cost to install underground power lines. Council agreed to proceed with the underground project subject to final review of a franchise agreement with LCEC.
City Council approved the franchise ordinance on first reading at the Council meeting of September 20th. Council requested that we investigate two issues prior to bringing back the ordinance for second reading. First, Mr. Arceri asked if this franchise would in any way reduce or eliminate our right to condemnation if that action is in the best interest of the City. The last sentence of Section 9 states: “The parties recognize and agree that nothing in this Franchise Agreement constitutes or shall be deemed to constitute a waiver of a party’s sovereign right of condemnation and that each party, in their sole discretion, may exercise this right.”
Mr. Minozzi requested language in the Franchise that would give the City the right to lower or increase the franchise fee rate at our option. LCEC has expressed concern over this point, as any increase in the franchise fee appears as an increase in the bottom line of a customer’s electric bill. In the spirit of compromise, we have drafted language that allows the City to reduce the rate at our option and retains the language that allows for an increase in the event that any other franchise with LCEC has a higher percentage.
RECOMMENDED ACTION: Consideration of 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: October 4, 2004
Agenda Item: Prepared By: K. Greg Niles
4(G) Date: September 28, 2004
Agenda Section: Consent Agenda
Business:
Subject: Restaurant Parking – Update Department: Community Development
BACKGROUND:
At the February 2, 2004 meeting City Council adopted on second reading an ordinance to amend the required parking for sit-down restaurants from 1 space per 2 seats to 1 space per 3 seats. The parking amendment applied only to freestanding or sit-down restaurants located in commercial centers less than 16,000 square feet. There was no change to restaurants located in shopping centers (16,000 SF+) or to fast-food establishments. (See attached staff report).
At the time of adoption Councilwoman Kelber requested a future update on the impacts, pro or con, the amendment has had both for applicable restaurants, and neighbors.
Adoption of the code amendment came near the close of last year’s season, and this update precedes the upcoming season. That being said, of the limited number of restaurants benefiting from the parking relief there has been little to no change in prior operations. Most of the restaurants are restricted in area due to existing indoor space, and therefore have not increased their seating. A couple restaurants have provided outdoor dining service, and another is undergoing interior renovations that will maximize the seating allowed. Also, in a few cases actual seating to parking discrepancies have been resolved. To date staff has not received complaints related to the change in restaurant parking.
Over the next several months we will be entering into season, and existing businesses will be seeking license renewals. Staff will continue to monitor the parking situation, and if adverse impacts arise they will be brought to Council’s attention for further action, if deemed necessary.
RECOMMENDED ACTION:
Receive update report. Staff to provide future information as deemed necessary.
Reviewed by Department Director &n | 
