THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairman: E. Glenn Tucker
City Council: John A. Arceri, Heyward E. Boyce, Terri DiSciullo, Vickie Kelber, Michael F. Minozzi, S. Jeannette K. Patterson
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Ken Cuyler
Regular Meeting
Monday, January 6, 2003, 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
To be determined.
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for December 2, 2002 (Special-Called Meeting)
(B) Council Minutes for December 2, 2002 (Regular Meeting)
5. PRESENTATIONS
(A) Certificates of Completion of the Advanced Institute for Elected Municipal Officials Councilman Boyce and Councilwoman Patterson
6. BUSINESS
ORDINANCE Second Reading & Public Hearing An Ordinance to Establish an Official Zoning Atlas.
DISCUSSION / ORDINANCE First Reading An Ordinance to Establish Door-to-Door Solicitation Regulations.
RESOLUTION Petition FV-03-02, Flood Elevation Variance for Property Located at 241 N. Barfield Drive.
RESOLUTION Petition FV-03-03, Flood Elevation Variance for Property Located at 771 Rose Court.
DISCUSSION Public Hearing Land Acquisition of Marco Beach Unit 25 Replat, Tract R-C, Marco Island.
DISCUSSION Public Hearing Land Acquisition of the South 75 Feet of Tract “D” adjacent to Lot 8, Block 311, Marco Beach Unit 9, Marco Island.
DISCUSSION Request for Support Regarding the Marco Island Historical Society Effort to Build a Museum on Marco Island.
DISCUSSION Approval for COPS Grant Expenditure Award of Software Contract.
DISCUSSION Transfer of Budget Funds Police Officer Position.
DISCUSSION Transfer of Budget Funds Victim Advocate/Senior Services Position.
DISCUSSION Budget Amendment.
DISCUSSION Workshop for North Collier Boulevard Improvements.
RESOLUTION Public Hearing Petition V-02-11, a 4.5 Foot Variance from the Required 7.5 Foot Setback for a Boat Dock Facility on Property Described as Marco Beach Unit 13, Block 403, Tract “D” (Caxambas Drive).
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: January 6, 2003
Agenda Item: 6(A) Prepared By: Bryan Milk, City Planner
Date: December 10, 2003
Agenda Section:
Business:
Subject: Department: Community Development
Ordinance 2nd Reading
Establishment of Official Zoning Atlas
BACKGROUND:
Attached for Council s consideration on second reading is an ordinance to establish an official zoning atlas, providing for the continuation of existing zoning districts, and outlining procedures for amendments to the official atlas and districts. The ordinance will replace the current provisions contained in the Collier County Land Development Code. The ordinance outlines comprehensive zoning regulations governing the use of land and water in the incorporated area of Marco Island. These regulations are based on the comprehensive plan for existing and future development and redevelopment and are enacted to protect and promote the health, safety, and welfare of the residents.
The Planning Board considered this ordinance at public hearings in November, and forwarded the ordinance with a unanimous recommendation of approval.
City Council adopted this ordinance on first reading at the meeting of December 2, 2002.
RECOMMENDED ACTION:
Discussion; motion to adopt ordinance on second reading; if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: December 11, 2002
Agenda Section:
Presentations
Subject: Certificates of Completion of the Advanced Department: City Council
Institute for Elected Municipal Officials-
Councilman Boyce and Councilwoman Patterson
BACKGROUND:
Councilman Heyward Boyce and Councilwoman Jennette Patterson recently completed the 2002 Advanced Institute for Elected Municipal Officials sponsored by the Florida League of Cities, Inc., and the Florida Institute of Government.
RECOMMENDED ACTION: Present Certificates of Completion to Councilman Boyce and Councilwoman Patterson.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: December 11, 2002
Agenda Section:
Business: Discussion
Subject: Request for Support Regarding the Marco Department: City Council
Island Historical Society Efforts to Build a
Museum on Marco Island.
BACKGROUND:
The Marco Island Historical Society is requesting support for their efforts to build a museum on Marco Island. A copy of their correspondence is attached for Council s review.
RECOMMENDED ACTION: Discussion and further direction, if appropriate.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: Prepared By: William P. Harrison, Finance Director
6(K) Date: December 11, 2002
Agenda Section:
Business:
Subject: Budget Amendment Department: Finance
BACKGROUND:
Under the City s budgeting policy, only City Council can approve any budget changes which would increase the total budget of any department. We have three minor issues which need to be addressed in the budget which will increase the total budget of departments:
POLICE DEPARTMENT: The department received a vehicle in a drug forfeiture, advertised for bids, and accepted the high bid of of $6,000. Those funds may only be expended for drug awareness purposes. Recommendation is made to budget these funds in a new line item for “Drug Awareness Programs” within the Police Department budget.
RECREATION: The YMCA has on deposit the amount of $8,723.48 in a “Friends of the Parks” account. Those funds were raised through recreation programs revenues in excess of the costs of the programs. These funds should be under the control of the City and used only for authorized parks and recreation expenditures. The YMCA has indicated a willingness to transfer these funds to the City.
FIRE DEPARTMENT: The department has received a gift in the amount of $150 and desires to have those funds added to their 2003 training budget.
These three minor issues will be categorized as grants and gifts. Expenditure of these funds will not be used in the calculation of compliance with the Spending Cap.
RECOMMENDED ACTION: Approval of budget amendment by voice vote. At the end of the fiscal year, all budget amendments will be consolidated into an official budget amendment ordinance which will amend the official appropriations ordinance approved prior to the start of the fiscal year.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: 6(L) Prepared By: A. William Moss, City Manager
Date: December 17, 2002
Agenda Section:
Business: Discussion
Subject: Workshop Meeting to Discuss Alternatives for Department: City Manager
North Collier Boulevard Improvements
BACKGROUND:
Since the presentation of the proposed North Collier Boulevard improvements to City Council on August 12, 2002, and following the public information meeting on November 20, 2002, City staff and City Council have listened to public input. While public response to the proposed improvements has been somewhat limited, City staff have nonetheless continued to consider other options. Following an intense reexamination of the proposed improvements, and after additional discussions with design consultants, the City Manager asks that City Council consider a workshop meeting at the earliest opportunity to consider two additional design alternatives.
The first alternative involves the elimination of the four-foot on-road bicycle lanes and, where feasible, the reduction of medians to approximately 15 ½ feet in certain sections, and up to 19 ½ foot medians in other sections. To accommodate bicyclists and pedestrians, a 10-12 foot multiple use path would be developed on one side of the boulevard. A linier park concept would encourage shared pedestrian and bicycle usage on one side of the boulevard, while the other side would have a six-foot sidewalk.
A second alternative will also eliminate the four-foot on-road bicycle lanes and reduce median widths in certain sections. To accommodate pedestrian and bicycle usage, an eight-foot sidewalk would be constructed on each side of the boulevard.
Each of these alternatives recognizes that bicycle and pedestrian usage is a desired element of the new design. Each recognizes, however, that the casual bicycle rider may feel more comfortable using a designated pathway off the road rather than an on-road bicycle lane.
Staff also recommends that City Council consider the use of well-designed roundabouts at specific intersections to eliminate the need for left-turn and right-turn lanes. The use of functional roundabouts is an element that has been recommended by several engineering design firms who believe that the traffic functionality and landscape aesthetics will be improved if the community is willing to accept the use of roundabouts.
Prior to the workshop meeting, City Council will be provided typical design cross-sections for review and consideration.
RECOMMENDED ACTION: Consider workshop meeting and set date.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: Prepared By: K. Greg Niles
6(D) Date: December 17, 2002
Agenda Section: Resolution
Business:
Subject: FV-03-03, Flood Elevation Variance for Department: Community Development
Property located at 771 Rose Court
BACKGROUND:
Patrick Neale, Esq., as agent for property owner Dr. Javor, is seeking a flood elevation variance for a parcel with an existing single-family dwelling located at 771 Rose Court. The existing structure is located in an area with a current base flood elevation (BFE) of AE-10 (NGVD). The principle structure was approved and built at a time when a lower required base flood elevation was applicable. The owner has initiated certain building improvements that have exceeded permit provisions under the current BFE regulations. The applicant seeks relief via the flood elevation variance to facilitate completion of desired improvements at the subject property. City Council will be acting as the Construction Board of Appeals.
The principle structure was constructed and CO'ed with a finished floor elevation of 8.54NGVD, which met the required BFE at the time of permit approval. Over the years the BFE in the neighborhood has been increased to an AE-10 (NGVD). On September 25, 2002 the City received preliminary maps from FEMA that would, on approval, reduce the BFE in the subject area to AE-8.3 (NGVD). According to a technical bulletin from FEMA, municipalities can utilize the preliminary maps as "best available data" for permit purpose upon the issuance of a Letter of Final Determination (LFD), or upon resolution of all appeals. After prolonged efforts with state, regional, and national FEMA officials staff has been advised that the LFD is likely to be issued in the near future, but that in the interim, a flood elevation variance
could be approved locally provided the variance sought would be consistent with elevations shown on the preliminary maps.
Over the past 4 ½ years the City has only issued two other flood variances, to allow "wet flood-proofing" techniques to be utilized with public restrooms at beach parking lots. While staff would like to wait until the pending LFD is issued, the property owner would like to finish his current project. Based on the likelihood that the LFD will be issued in the near future, that the existing structure and improvements will fully comply with the required BFE on the preliminary maps prepared by FEMA, that the preliminary maps represent "best available data", and that the project has been stalled for a significant period of time, staff supports the desired flood elevation relief sought by this variance. The attached resolution has been worded such that at the time the Letter of Final Determination is
issued, the variance would no longer be necessary, and would be rendered Null and Void. Thus this variance is anticipated to be limited in duration, but would allow resumption and completion of the subject improvements.
RECOMMENDED ACTION: Conduct required hearing; motion to 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: January 6, 2003
Agenda Item: Prepared By: K. Greg Niles
6(C) Date: December 17, 2002
Agenda Section: Resolution
Business:
Subject: FV-03-02, Flood Elevation Variance for Department: Community Development
Property located at 241 N. Barfield Dr.
BACKGROUND:
Fred Kramer, Esq., as agent for property owner Cheryl Lee, is seeking a flood elevation variance for a parcel with an existing single-family dwelling located at 241 N. Barfield Drive. The existing structure is located in an area with a current base flood elevation (BFE) of AE-10 (NGVD). The principle structure was approved and built at a time when a lower required base flood elevation was applicable. The owner has initiated certain building improvements that have exceeded permit provisions under the current BFE regulations. The applicant seeks relief via the flood elevation variance to facilitate completion of desired improvements at the subject property. City Council will be acting as the Construction Board of Appeals.
The principle structure was constructed and CO'ed with a finished floor elevation of 8.93 NGVD, which met the required BFE at the time of permit approval. Over the years the BFE in the neighborhood has been increased to an AE-10 (NGVD). On September 25, 2002 the City received preliminary maps from FEMA that would, on approval, reduce the BFE in the subject area to AE-8.3 (NGVD). According to a technical bulletin from FEMA, municipalities can utilize the preliminary maps as "best available data" for permit purpose upon the issuance of a Letter of Final Determination (LFD), or upon resolution of all appeals. After prolonged efforts with state, regional, and national FEMA officials staff has been advised that the LFD is likely to be issued in the near future, but that in the interim, a flood elevation variance
could be approved locally provided the variance sought would be consistent with elevations shown on the preliminary maps.
Over the past 4 ½ years the City has only issued two other flood variances, to allow "wet flood-proofing" techniques to be utilized with public restrooms at beach parking lots. While staff would like to wait until the pending LFD is issued, the property owner would like to finish her current project. Based on the likelihood that the LFD will be issued in the near future, that the existing structure and improvements will fully comply with the required BFE on the preliminary maps prepared by FEMA, that the preliminary maps represent "best available data", and that the project has been stalled for a significant period of time, staff supports the desired flood elevation relief sought by this variance. The attached resolution has been worded such that at the time the Letter of Final Determination is
issued, the variance would no longer be necessary, and would be rendered Null and Void. Thus this variance is anticipated to be limited in duration, but would allow resumption and completion of the subject improvements.
RECOMMENDED ACTION: Conduct required hearing; motion to 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: January 6, 2003
Agenda Item: Prepared By: K. Greg Niles
6(E) Date: December 17, 2002
Agenda Section: Discussion
Business:
Subject: Purchase of Unit 25, Tract "R-C", abutting Department: Community Development
Leland Way
BACKGROUND:
This public hearing has been scheduled to consider the purchase of Tract "R-C", Unit 25, a 1.78+/- acre parcel that abuts Leland Way.
On September 16, 2002 City Council approved a motion instructing the City Manager to pursue acquisition of the subject tract. As required by Florida Statutes, one appraisal was obtained with a value of $103,000.00. The property owner, Mr. Jack Antaramian, has agreed to accept the City's offered price of $103,000.00.
The subject parcel is zoned RSF-4 (Residential Single-Family) and is intended to facilitate development of the multipurpose trail system, and to provide other active and passive open space opportunities. There are no underlying deed restrictions that would preclude desired uses on the property.
RECOMMENDED ACTION:
Conduct public hearing; motion to authorize City Manager to acquire Unit 25, Tract "R-C".
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: January 6, 2003
Agenda Item: Prepared By: K. Greg Niles
6(F) Date: December 17, 2002
Agenda Section: Discussion
Business:
Subject: Purchase of the 75' portion of Tract "D", Unit 9 Department: Community Development
Contiguous with Lot 8, Block 311
BACKGROUND:
This public hearing has been scheduled to consider the purchase of a 75' foot portion of Tract "D" that is adjacent to Winterberry Drive and lying adjacent to and contiguous with Lot 8, Block 311, Marco Beach Unit 9. The subject property contains approximately 0.14 acre.
At the Capital Improvement Workshop City Council instructed the City Manager to pursue acquisition of several parcels located in Tracts "C" and "D" that are in private ownership. As required by Florida Statutes, an appraisal was obtained which established a value of $35,000.00 for each of the subject parcels. The property owners, Lynn and Brenda Griebahn, have agreed to accept the City's offered price of $35,000.00 for their parcel.
The subject parcel is zoned RSF-4 (Residential Single-Family) and is intended to facilitate development of the multipurpose trail system, and to provide other active and passive open space opportunities.
RECOMMENDED ACTION:
Conduct public hearing; motion to authorize City Manager to acquire that 75' portion of Tract "D" adjacent to Winterberry Drive and lying adjacent to and contiguous with Lot 8, Block 311, Marco Beach Unit 9.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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