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: Rich Yovanovich
Regular Meeting
Tuesday, February 18, 2003, 4:30 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 February 3, 2003 (Regular Meeting)
5. BUSINESS
ORDINANCE Second Reading & Public Hearing LCDA-02-02, Ron Nino, AICP, of Vanasse Daylor, representing the Aviary Assisted Living Facility, is requesting an amendment to the Marco Island Land Development Code (LDC) affecting zoned CF (community facility) and group housing standards.
RESOLUTION A Resolution Commending the YMCA.
DISCUSSION Dock Building Moratorium.
DISCUSSION Interlocal Agreement for Public School Facility Planning.
DISCUSSION Award of Contract, Racquet Center - Mackle Park - Tracts “C” & “D” Pathway.
DISCUSSION Raised Platform for City Council.
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.
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: Rich Yovanovich
Regular Meeting
Tuesday, February 18, 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. PLEDGE OF ALLEGIANCE
E. Glenn Tucker, Council Chairman
3. APPROVAL OF AGENDA
4. BUSINESS
(G) RESOLUTION Public Hearing Petition BD-02-35 Turrell & Associates, Inc., as agent for Marco River Marina Inc., property owners requesting a 342-foot extension from the maximum permitted 20 foot protrusion into the waterway to allow for a 362 foot docking facility on property located at 951 Bald Eagle Drive, Marco Island, Florida.
5. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
6. 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: February 18, 2003
Agenda Item: 5(B) Prepared By: A. William Moss, City Manager
Date: February 5, 2003
Agenda Section:
Business: Resolution
Subject: Resolution to Commend the YMCA Department: City Council
BACKGROUND:
On January 21, 2003 City Council reviewed a staff report on the Mackle Park operations. The report recommended that the City assume the day-to-day responsibilities of managing Mackle Park and the scheduling of facilities.
The Marco Island YMCA has provided services for the supervision and coordination of the use of the Mackle Park facilities and ball fields since October 1, 1998. The report identified the value of the YMCA Board of Directors and Staff for the excellent services provided to the City through the contractual arrangement. City Council agreed to consider a resolution commending the YMCA for the services provided to the City.
RECOMMENDED ACTION:
Consider attached resolution.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 18, 2003
Agenda Item: Prepared By: Kelly Michele Smith
4(G) Date: February 11, 2003
Agenda Section:
Business: Resolution
Subject: BD-02-35, requesting a 342-foot extension from the Department: Community Development
maximum permitted 20-foot protrusion into the waterway
(Marco River Marina)
BACKGROUND:
Tim Hall of Turrell & Associates, Inc., and Craig Woodward of Woodward, Pires & Lombardo, Inc., representing Marco River Marina, Inc., have requested a 342-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for the reconfiguration and expansion of an existing boat docking facility. The subject property, located at 951 Bald Eagle Drive, is a full-service commercial marina, which includes wet slips, dry boat storage, retail ship store, rental fleet, charter vessels, dockmaster s office, bait sales, fuel dock, service shop, pump-out facility, and chicki bar. The existing boat dock facility protrudes approximately 280 feet into the waterway and accommodates 82 vessels in wet slips. The existing facility consists of several finger piers, a travel lift and a boat ramp, and two areas for boat mooring
perpendicular to the seawall. The proposed boat docking facility will protrude 362 feet into the waterway and accommodate 110 vessels in wet slips. The proposed addition to the facility includes two new 10-foot wide finger piers.
The petitioner's property is located on Factory Bay, which is 1,450 feet wide at the subject site. The proposed boat docking facility will protrude 362 feet, or 25% of the waterway width. The view of the waterway in this area is primarily towards the center of the Factory Bay. The properties whose view may be the most impacted are the multi-family properties to the south (Angler s Cove Condominium and Grand Bay Condominium) and the single-family zoned property owned by Mr. Walton which is located on Magnolia Court. The petitioner has indicated that the proposed plan includes the use of floating docks without boatlifts to keep all moored vessels at a minimum height in order to minimize potential view impacts to adjacent property owners. Staff agrees that the use of floating docks without boatlifts can minimize view impacts; however there
will be view impact primarily to the single-family properties on Magnolia Court.
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 January 31, 2003 meeting. The meeting was well attended by concerned residents both in support of, and in opposition to, the marina expansion. At the conclusion of the January 31st meeting the Planning Board voted 5-1 to recommend approval of petition BD-02-35 to the City Council, subject to the following conditions:
1. The extension granted shall be valid so long as the primary use of the property is as a commercial marina facility providing marina related services for a public boating community;
2. To preserve the width of the Magnolia Waterway at the pinch point as previously agreed upon by the petitioner;
3. Locate boats greater than 100 feet in size or more than 100 passenger in the basin or the “B” dock;
4. Limiting the number of commercial vessels within Factory Bay over 100 feet in length or 100 passengers to two vessels.
The attached resolution also contains other general conditions that are applicable to all approved boat dock extensions.
Subsequent to the January 31st Planning Board meeting staff met with the petitioner s agents to discuss the conditions recommended by the Planning Board. The petitioner has agreed to conditions #2 and #4, and will present a revised site plan that confirms agreement with condition #2. After considering several options, the petitioner has indicated that condition #3 is not feasible because it would restrict the opening of the “basin” created by the two new docks. The petitioner also feels that the original configuration presented best protects the neighborhood from noise from larger vessels.
The petitioner objects to condition #1, as Mr. Woodward is concerned that this wording would limit the upland use of the property. Mr. Woodward is also of the opinion that a condition related to the upland use could be a “taking” without compensation. Staff does not agree with Mr. Woodward s assessment, and believes that linking the extension to the continued use of the property as a public commercial marina justifies the extension being requested.
Condition #1 was discussed in great length at the Planning Board meeting pursuant to the extension requested, the link to continued commercial marina use of the property, and concerns that the property may be changed in the future to multi-family use. Presently, a multi-family development is not permitted within the C-5 zoning district. The property owner would need to rezone the property or propose a Land Development Code text amendment in order to change the use of the property to multi-family. Either of those future actions would require consideration and approval from the City Council.
Should the City Council wish to approve the requested boat dock extension, but with different condition #1 language, then staff would recommend that City Council consider the following: #1 The boat dock extension granted by this resolution shall be valid only so long as the uses of the property are permitted uses within the C-5 zoning district. This language mirrors what staff presented to the Planning Board, and upon further reflection, is agreeable to the petitioner.
RECOMMENDED ACTION:
Conduct required public hearing; Motion to approve resolution as presented, if desired, or as modified by City Council.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 18, 2003
Agenda Item: Prepared By: K. Greg Niles
5(D) Date: February 11, 2003
Agenda Section: Discussion
Business:
Subject: Interlocal Agreement for Public Department: Community Development
School Facility Planning
BACKGROUND:
At the February 3, 2003 meeting City Council discussed a draft Interlocal Agreement intended to foster cooperation, and satisfy statutory requirements, for joint planning between the school district and local municipalities. Due to concerns raised by Council, the draft Agreement was referred back to the school district for further revisions.
In the interim period the school district and representatives from the municipalities have been working to develop language to address the issue of future school closures. To that end a new subsection 4.4 has been added to the Agreement which reads as follows:
In the event the School Board contemplates the closing of a school within a municipality, the School Board shall advise the corresponding City Council and seek the City's input on closure prior to taking any action.
The Agreement attached will be presented to the School Board on Thursday, February 13th, followed by the three municipalities. The fully executed Agreement is due to the Department of Community Affairs before March 1st.
RECOMMENDED ACTION: Discussion; motion to authorize the Chairman to execute the Interlocal Agreement as presented.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 18, 2003
Agenda Item: Prepared By: K. Greg Niles
5(A) Date: February 11, 2003
Agenda Section: Ordinance 2nd Reading
Business:
Subject: Amendment to Group Housing Standards Department: Community Development
Regarding Floor Area Ratio (FAR) and
Maximum Density
BACKGROUND:
At the February 3, 2003 meeting, City Council adopted first reading of an ordinance to amend Ordinance 02-33 Supplemental Regulations, by amending portions of subsection 18 which govern group housing. The proposed amendments will replace the current language found in subsection 18.10 with reserved, and add a new entry 18.10.5 entitled Maximum density. The amendment will be applicable to all "other care housing facilities" regardless of the underlying zoning district.
The attached ordinance will amend subsection 18.10 to read as follows:
Maximum floor area ratio. The maximum floor area ratio shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). Reserved.
New subsection 18.10.5 will read as follows:
Maximum density. The maximum density of the development shall not exceed the underlying zoning district residential density, the applicable Future Land Use Element residential density allocation, or 26 units per acre, whichever is most restrictive.
RECOMMENDED ACTION: Conduct required public hearing; motion to approve adoption 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: February 18, 2003
Agenda Item: Prepared By: K. Greg Niles
5(E) Date: February 12, 2003
Agenda Section: Discussion
Business:
Subject: Award of Contract, Racquet Club- Department: Community Development
Mackle Park-Tracts "C" & "D" Pathway
BACKGROUND:
City Council has approved a three-year capital improvement project to design and construct a pathway system to link the Racquet Club, Mackle Park, Winterberry Park, and Tracts "C" and "D". The first phase of the project entails the design/engineering, and some land acquisition. A total of $300,000.00 is available for phase 1. The next two years will involve the construction of the pathway, with $775,000.00 allocated to such construction.
Stanley Consultants, Inc., has been selected to serve as the prime consultant for design and engineering services for the pathway project. Staff and the consultant team are finalizing some minor terms of the contract document. In a desire to move the project forward, staff requests Council's approval for the City Manager to execute the pending contract in an amount not to exceed $115,000.00.
Attached for Council's review is an Exhibit entitled Basis of Compensation. The difference of $5,500.00 is to allow for a $2,000.00 SFMWD permit preparation contingency line, and additional funds for scaled drawings. Also attached is a rendering of the proposed pathway route. The $115,000.00 represents approximately 14.5% of the estimated construction cost, and 11% of the total project allocation.
The consultant has included a 180-day design/permit schedule to commence upon receipt of a notice to proceed.
Staff continues effort to secure Tract "R-C", and an easement from San Marco Villas. A FRDAP grant application for the acquisition of another property is still under State review.
RECOMMENDED ACTION: Discussion; motion to authorize Manager to enter into a contract with Stanley Consultants, Inc., in an amount not to exceed $115,000.00.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: February 18, 2003
Agenda Item: 5(C) Prepared By: A. William Moss, City Manager
Date: February 12, 2003
Agenda Section:
Business: Discussion
Subject: Dock Building Moratorium Department: City Council
BACKGROUND:
At the December 2, 2002 meeting, City Council directed the City Attorney to research the issue of a dock building moratorium affecting S.W. Florida and to report to Council. City Attorney Richard Yovanovich will provide a written report to Council before the meeting.
RECOMMENDED ACTION: Discussion; 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: February 18, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(F) Date: February 12, 2003
Agenda Section:
Business: Discussion
Subject: Raised Platform for City Council Department: City Council
BACKGROUND:
In response to a citizen s inquiry at the February 3, 2003 meeting, City Council directed staff to provide information on acquiring a raised platform for City Council meetings that would enable the public to see council members.
In January, 1999, staff researched the cost associated with moving City Council meetings from the YMCA to Mackle Park. That analysis included the cost of leasing or purchasing a stage. The approximate cost to lease a stage is $1,012.20 per month; the approximate cost to purchase a stage is $10,011.00.
RECOMMENDED ACTION: Discussion; further direction if appropriate.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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