THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 6, 2005 – 6:00 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Director
Vince Cautero, Community Development Director
Rony Joel, Public Works Director
Dana Souza, Parks and Recreation Director
Roger Reinke, Police Chief
Michael Murphy, Fire Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INNOVATION AND PLEDGE OF ALLEGIANCE
By: Councilor E. Glenn Tucker
APPROVAL OF AGENDA
Attorney Craig Woodward requested that items 6(H) and 6(I) regarding Petition V-05-03 and Petitions V-05-04 and V-05-05, respectively, be continued to the next City Council meeting.
MOTION by Vice-Chairman Arceri to CONTINUE ITEMS 6(H) AND 6 (I) TO THE JUNE 20, 2005 MEETING. Second by Councilor Tucker. Motion carried 7-0.
MOTION by Councilor Minozzi to APPROVE THE AGENDA, AMENDED TO MOVE 6(F) TO THE FIRST ORDER OF BUSINESS. Second by Vice-Chairman Arceri. Motion carried 7-0.
APPROVAL OF CONSENT AGENDA
Councilor Trotter requested that the item 6(H) on the Consent Agenda, Award of Contract for Engineering Services for the East Winterberry Bridge Design, be removed from the consent agent.
(A) Council Minutes for May 16, 2005 (Regular Meeting)
(B) RESOLUTION - To Update Meal Allowances for Travel
(C) Process for Renaming Parks
(D) LCEC Proposal to Underground Utility Lines along North Collier Boulevard
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(E) Appointment to Parks & Recreation Advisory Committee
(F) Wastewater Collection Conceptual and Preliminary Design Plan
(G) Award of Contract – Final Design of Police Building
(I) WRS ASR Contract Increase
(J) Existing Sanitary Sewer Condition Assessment
(K) RESOLUTION – Authorization for Sidewalk/Pedestrian Bridge
(L) RESOLUTION – Authorization for Bike Path Improvements
Mr. Moss read, by title only, the Resolution To Update Meal Allowances For Travel, the Resolution for Authorization For Sidewalk/Pedestrian Bridge, and the Resolution for Authorization For Bike Path Improvements.
MOTION by Vice-Chairman Arceri to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilor Minozzi. Motion carried 7-0.
SUMMARY AGENDA
(A) RESOLUTION – Public Hearing – Petition CU-05-01. The City of Marco Island is requesting a conditional use pursuant to Section 46-92(b)(1) of Article III “Communication Towers” to replace an existing 62.8–foot ground mounted self supporting communication tower located north of and contiguous to the fire station at the City Government Center, with a new 70-foot ground mounted monopole communication tower.
(B) RESOLUTION – Public Hearing – Petition V-05-06, Jamie Greusel, Esq., as attorney for Tropical Island Condominium Association, property owners, requesting a 15-foot variance from the required 15-foot side yard setback for pool equipment on property located at 845 Collier Court.
Mr. Moss read, by title only, the Resolution relating to Petition CU-05-01 and the Resolution relating to Petition V-05-06.
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE SUMMARY AGENDA. Second by Councilor DiSciullo. Motion carried 7-0.
BUSINESS
6 (F) DISCUSSION – Water Conservation Rate Options.
(Editorial History: After receiving public input at the May 16, 2005 meeting, City Council asked staff to prepare a revised conservation rate structure that recognized variation in lot sizes and their irrigation requirements. City Council continued the public hearing until August 15, 2005. Prior to the public hearing, staff is seeking City Council’s opinion as to whether the proposed alternatives are consistent with their objectives as well as their preferred option.)
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Public Comment
Mr. Helmut Nickel, 401 North Barfield Drive, recalled for the City Council that his swale is larger than his lawn and questioned the likelihood that he can cut usage any further.
Mr. Bob Duklauer, 1360 Quintara Court, provided the City Council with a graph depicting his views on water conservation and usage.
Mr. Kjell Pettersen, 350 Rockhill Court, questioned whether the SFWMD has authority to require conservation rates.
Mr. Dennis Morrissette, 1248 Orange Court, questioned the report that suggests that we do not have a water problem, nor will we have one in the future.
Mr. Werner Wackerman, 875 Magnolia Court, advised the City Council that water pressure determines the hour for him to water his lawn. He desires to start watering at 9 p.m. because his sprinklers bother his sleep.
Mr. Ron Oister, 960 Cape Marco Drive, questioned why condominiums are excluded and wondered why condominiums should be placed in the same category as single-family homes.
MOTION by Vice-Chairman Arceri to DIRECT THE CITY MANAGER TO PROCEED WITH “OPTION 3” FOR THE PUBLIC HEARING SCHEDULED FOR AUGUST 15, 2005. Second by Councilor DiSciullo. Motion carried 7-0.
4 (H) DISCUSSION – Award of Contract – Engineering Services for East Winterberry Bridge Design.
(Editorial History: At the FY06 CIP Workshop staff presented to City Council the results of our consultant’s evaluation and recommendation of the existing East Winterberry Bridge. The City Council directed the staff to proceed with replacement rather than expensive repairs that provide limited benefits. Based on classifying this project as an emergency, City staff contacted TBE, the designer of the Barfield Bridge, requesting a proposal for a similar replacement bridge for East Winterberry.)
Public Comment
Mr. Kjell Pettersen, 350 Rockhill Court, commented that he felt that the bridge replacement does not need to be done; that the bridge only needs routine maintenance; and that this is not an emergency.
Ms. Fay Biles, 1588 Heights Court, read a letter from citizen, Ted Willis, questioning the life span and the associated costs. She questions why staff does not involve another engineer for the inspection.
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MOTION by Councilor Minozzi to AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TBE FOR A ‘NOT TO EXCEED’ FEE OF $335,082 TO DESIGN THE REPLACEMENT OF THE EAST WINTERBERRY BRIDGE, AND THAT ALL EXPENSES RELATED TO THIS BRIDGE BE OUTSIDE THE CAP. Second by Vice-Chairman Arceri. Motion carried 5-2. (Councilors Patterson and Trotter opposed.)
Recess: 8:10 p.m. to 8:25 p.m. It is noted for the record that Councilor DiSciullo left the meeting at 8:10 p.m. - all other Councilors were present when the meeting reconvened.
PUBLIC COMMENT – (Items Not On the Agenda).
Ms. Beth Povlow, 657 Dorando Court, advised Council that all of the neighbors that she has spoken with are in support of installing sewers.
Ms. Lee Zwerin, 468 Capri Court, expressed concern regarding complaints that she has received about police officers and requested action.
Mr. Ken Honecker, 632 Dorando Court, asked when the funding of the septic replacement program will be discussed.
6 (B) RESOLUTION – A Resolution to Urge the FDOT to Expand the S.S. Judge Jolley Bridge.
(Editorial History: On May 2, 2005 the City Council discussed the construction and the funding of the addition of a two-lane span to the S.S. Judge Jolley Bridge. City Council asked that a Resolution be prepared for consideration that urges the Florida Department of Transportation to complete the design and construction of the additional span and to identify state funding. The matter was on the May 16, 2005 City Council agenda, but was deferred to this meeting).
Mr. Moss read, by title only, the Resolution To Urge The FDOT To Expand The S.S. Judge Jolley Bridge.
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, spoke in favor of the Resolution.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION URGING THE FDOT TO EXPAND THE S.S. JUDGE JOLLEY BRIDGE. Second by Councilor Trotter. Motion carried 6-0.
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6 (C) DISCUSSION – Ad Valorem Tax Rate for 2006.
(Editorial History: The first step in the process for adopting the annual tax levy and budget as governed by the Truth-in-Millage laws is that the City Manager report to the County Property Appraiser and Tax Collector the maximum ad valorem tax levy for the upcoming fiscal year 35 days after the July 1 certification of taxable values from the County, or approximately August 4 each year. This levy is used on the preliminary tax statement of all property owners in August each year.)
Public Comment
Ms. Fay Biles, 1588 Heights Court, commented on the taxable value of properties, suggesting that the taxpayers should have the money returned.
MOTION by Councilor Tucker to SET THE TAX LEVY AT 1.538 MILS. Second by Vice-Chairman Arceri. Motion carried 6-0.
MOTION by Councilor Tucker to SUSPEND THE 9:00 P.M. RULE. Second by Vice-Chairman Arceri. Motion carried 6-0.
6 (D) DISCUSSION – Septic Tank Replacement Program.
(Editorial History: At the April 29 Capital Budget Workshop, staff was asked to analyze the financial impact of using equivalent residential connects to determine the capacity cost portion of the sewer assessment to move toward the goal of all customers on Marco Island being served by central sewer. Using the three components of capacity assessment, construction assessment, and connection to house, the Finance Department completed their analysis of the cost difference in the assessment method which shows that 1 ERC results in a capacity assessment of $6,300, with ERC’s as the basis, the capacity assessment drops to $5,200, but homes in excess of 2,500 square feet see an increase in assessment due to sewer impact fee ordinance charges of an additional .33 ERC for each 750 square feet over the base level
of 2,500 square feet.)
Public Comment
Mr. Richard Robinson, 740 North Collier Boulevard – Suite 209 – representing Triad Reality/Healthcare Services, LLC, spoke in favor of the Sewer Assessment Districts.
Mr. Ken Honecker, 632 Dorando Court, questioned whether Track K will be in the District.
MOTION by Vice-Chairman Arceri to DIRECT THE CITY MANAGER TO PROCEED WITH THE SEWER ASSESSMENT REPLACEMENT PROGRAM USING 1 ERC. Second by Councilor Trotter. Motion carried 5-1. (Councilor Tucker opposed.)
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6 (E) DISCUSSION – Award of Contract – Lime Sludge Hauling.
(Editorial History: The 360,000 pounds of lime sludge weekly byproduct of the Utility Department’s water treatment process must be loaded onto trailers and hauled to the Collier County Landfill for disposal. Bids were solicited on May 24, 2005 with opening on June 6, 2005. Prolime was the low bidder for the three year contract with two one year renewal options.)
MOTION by Councilor Minozzi to AWARD THE SLUDGE HAULING CONTRACT TO PROLIME. Second by Councilor Patterson. Motion carried 6-0.
6 (G) DISCUSSION – Revised Base Charge for Condominiums with a Master Meter.
(Editorial History: Staff proposes to correct the substantial inequity between condominium customers with master meters and those condominium customers on single meters and single-family homes. The proposed rate structure is amended for condominiums with a master meter with the base charge equal to 75% of the base charge paid by a customer with a 5/8 inch meter, or $16.79 per condominium unit, and will be indexed for all billings after October. Implementation of the revised base charge for master metered condominiums will be effective for the January 2006 billing to allow HOA’s to budget for the amended rate structure.)
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, commented on the monthly increase that Cape Marco would receive under the plan.
Ms. Fay Biles, 1588 Heights Court, commented that it was cheaper for Florida Waters Services to install master meters.
MOTION by Councilor Tucker to ADOPT THE PLAN TO CHARGE THE REVISED BASE CHARGE FOR SINGLE MASTER METER CONDOMINIUMS AS PROPOSED. Second by Councilor Patterson. Motion carried 6-0.
(H) RESOLUTION – Public Hearing – Petition V-05-03, Woodward, Pires, and Lombardo, P.S., as agent for Daniel Grant, 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.
The Public Hearing was continued at the request of the Petitioner to the June 20, 2005 meeting.
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(I) RESOLUTION (S) – Public Hearings – Petition V-05-04 and Petition V-05-05, Woodward Pires and Lombardo, P.A., as agent for Frank and Dianne Troester and Martin Frimberger, property owners, requesting 15-foot variances and 7.5-foot variances, respectively, from their riparian line setbacks to join docking facilities for properties located at 309 Capistrano Court and 1101 Strawberry Court.
The Public Hearing was continued at the request of the Petitioner to the June 20, 2005 meeting.
COUNCIL COMMUNICATIONS AND DISCUSSION
In response to Vice-Chairman Arceri’s inquiry, Councilor Tucker explained that he voted in opposition to the motion regarding the calculation of impact fees for the sewer assessment because he believes that larger dwellings use more capacity and should be assessed higher.
Chairwoman Kelber commented that she received a letter from Naples Mayor Bill Barnett regarding the removal of the “Scenic Highway” designation from the Tamiami Trail. Following discussion, City Council agreed that Councilor Tucker would be the proper person to meet with Mayor Barnett on this matter.
FUTURE AGENDA
None.
Public Comment
There was no additional public comment.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 9:45 p.m.
(signature page to follow)
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City Council Minutes for June 6, 2005
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Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
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