THE CITY OF MARCO ISLAND
City Council Meeting Agenda
Chairman: Michael F. Minozzi, Jr.
City Council: John A. Arceri, Heyward E. Boyce, Terri DiSciullo, Vickie Kelber,
S. Jeannette K. Patterson, E. Glenn Tucker
City Manager: A. William Moss
City Clerk: Laura Litzan City Attorney: Rich Yovanovich
Regular Meeting
Monday, August 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. INVOCATION AND PLEDGE OF ALLEGIANCE
Greg Niles, Community Development Director
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
(A) Council Minutes for August 4, 2003 (Regular Meeting)
5. BUSINESS
(A) ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend Chapter 22, Article II, Fire Prevention and Protection Code.
(B) ORDINANCE - Second Reading & Public Hearing - An Ordinance Declaring an Urban Service Area for the Provision of Water and Sewer Utility Services.
(C) ORDINANCE - First Reading - An Ordinance to Amend Chapter 54, Article IV (Boat Docking Facilities) of the Marco Island City Code.
(D) RESOLUTION - Public Hearing - Petition No. FV-03-04, William Hunter Lewis, representing Cozumel Condominium Association, property owner, requesting an 9.7 foot variance from the required 17.3 foot (NGVD) base flood elevation requirement to allow for the construction of a restroom facility at 960 Cape Marco Drive, further described as Cozumel Condominium, Marco Island.
(E) RESOLUTION - Public Hearing - Petition No. V-03-03, Kenneth Gordon King, Esq., representing Gigi Moers, property owner, requesting a 7.5 foot variance from the required 7.5 foot setback for at boat docking facility located at 1049 San Marco Road, further described as Unit 7, Block 205, Lot 1, Marco Island.
(F) DISCUSSION - Bond Referendum for Glon Property.
(G) DISCUSSION - Fire Department Building Lease.
(H) DISCUSSION - Board of Zoning Appeals.
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: August 18, 2003
Agenda Item: Prepared By: William P. Harrison
5(G) Date: August 4, 2003
Agenda Section:
Business: Discussion
Subject: Fire Department Building Lease Department: Finance
BACKGROUND:
During the Budget Workshop meeting of June 18th, Council inquired as to whether the lease-purchase on the Fire Department building could be prepaid to avoid interest charges or refinanced at a lower interest rate.
In January 1992, the Marco Island Independent Fire District entered into a 15-year lease-purchase arrangement for the construction of the new fire station on the island. Upon incorporation, the City took over the Fire Service, including the lease obligation. The lease runs to 2007, when the City will own the building free and clear. The interest rate on the obligation is 7.6%.
We have contacted LaSalle Bank, holder of the lease-purchase and have obtained the payoff figure to avoid paying future interest charges. The payoff number as of June 24th indicates that the City can save almost $200,000 by using currently available unrestricted reserves to stop the accumulation of interest charges at the 7.6% rate. Currently, we are only earning in the range of 2% annually on the investment of City funds. Staff discussed this issue with the council at the June budget workshop and council directed that the issue be placed on a council agenda this summer. There are several options available to the City Council:
1. Declare the payoff of the existing debt on the fire station as an emergency, exempt from the Spending Cap. Traditionally, the City has used Fire Impact Fees as the funding source for the semi-annual payments on the lease-purchase. Declaring this as an emergency would have no effect on future years’ budgets subject to the Spending Cap.
2. Re-finance the entire remaining balance due on the lease by combining the balance due with the proposed lease-purchase financing of parks maintenance equipment already scheduled as part of the City’s 2004 budget. This action would reduce the current 7.6% interest rate to between 3% and 4%.
3. Continue to make regularly scheduled payments on the debt, until the time when there are sufficient funds in the Fire Impact Fee Reserve account to payoff the debt in full. There would be no need to declare an emergency under this option, however we would continue to pay interest expense higher than our interest earnings to the point of payoff.
4. Choose to not take advantage of the payoff option and make regularly scheduled payments on the debt until 2007, when the building is fully paid for.
RECOMMENDED ACTION:
City Council discussion and, if appropriate, direction to staff.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 18, 2003
Agenda Item: Prepared By: A. William Moss, City Manager
5(B) Date: August 6, 2003
Agenda Section:
Business: Ordinance – 2nd Reading
Subject: An Ordinance Declaring an Urban Service Area Department: City Manager
For the Provision of Water and Sewer Utility
Services
BACKGROUND:
The City of Marco Island is engaged in the acquisition of all potable and non-potable water supply, treatment, storage, and distribution systems and wastewater collection, transmission, treatment, disposal, reuse, and reclaimed water systems located in the City and the adjacent unincorporated areas of Collier County that are now owned by Florida Water Services Corporation.
Chapter 180, Florida Statutes, empowers municipalities with the authority to control and regulate municipal public works, both within and outside its corporate limits.
In order to avail itself of the provisions and benefits of Chapter 180, Florida Statutes, to provide utility services beyond its corporate limits, the Marco Island City Council is required to adopt an ordinance to create an urban service area.
The ordinance was adopted on first reading on July 21, 2003. Thereafter, Collier County staff indicated a desire to review and recommend modifications to the ordinance. Their proposed amendments are incorporated in the attached ordinance in Section 1 (D) and identified by underline.
RECOMMENDED ACTION:
Adopt ordinance declaring an urban service area for the provision of water and sewer utility services 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 18, 2003
Agenda Item: Prepared By: William P. Harrison
5(F) Date: August 7, 2003
Agenda Section:
Business: DISCUSSION
Subject: Bond Referendum – Glon Property Department: Finance
BACKGROUND: At the direction of the City Council, we are proceeding to schedule a special bond referendum for authorization from the electorate for the purchase of the Glon Property through the issuance of General Obligation Bonds. The first official step in this process is the approval of an authorizing resolution.
The attached resolution calls for the bond referendum, sets the date for the referendum, establishes the ballot language, and determines the maximum amount of bonds to be sold to finance the acquisition. This resolution has been reviewed by both the City Attorney and our Bond Counsel. The Collier County Supervisor of Elections has been contacted and has agreed to handle the mail referendum.
RECOMMENDED ACTION: This item is submitted for discussion only. The final resolution, which will include the maximum amount of bonds to be authorized, will be on the Council’s agenda in September.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 18, 2003
Agenda Item: Prepared By: Kelly Michele Smith
5(E) Date: August 11, 2003
Agenda Section:
Business: Resolution
Subject: V-03-03, requesting a 7.5-foot variance from the Department: Community Development
required 7.5 foot setback and boat dock facility
BACKGROUND:
This item was originally considered by the City Council at the May 19, 2003 meeting. At the conclusion of the required public hearing, City Council voted to remand the petition back to the Planning Board and require that the petitioner submit dock building plans for the Planning Board’s consideration within 60 days. The petitioner complied with Council’s directive and submitted drawings prepared by Marco Dock & Lift, Inc. It is noted for the record that Ms. Moers does not have a contract with Marco Dock & Lift, Inc. at this time.
The property owner has requested a variance in order to “grandfather” the existing boat dock facility, however, the site plan submitted by the petitioner indicates that a portion of the boat dock facility within the requested setback variance area must be removed and reconstructed in order to be structurally sound. The petitioner has also failed to provide proof that the existing boat dock facility was legally constructed through a Collier County building permit. Further, the petitioner has not demonstrated that a hardship exists which necessitates the variance requested. For these reasons staff continues to recommend denial of the variance petition.
The Planning Board held a public hearing regarding this matter at their July 25, 2003 meeting. At the conclusion of the public hearing the Planning Board voted 4-3 to recommend approval of the variance request as presented in Exhibit “1D” with the following stipulations:
1. That the dock be a minimum of 1 foot from the riparian line (including pilings).
2. Access to be allowed for seawall repair within the area within the riparian line.
City Council will be acting as the Board of Zoning Appeals in this matter. A copy of the petition, including the site plan, is attached. Also attached for City Council’s information is a copy of the staff report to the Planning Board which outlines the criteria to be considered in the granting of a variance. A resolution for approval is also provided should City Council wish to authorize the variance requested.
RECOMMENDED ACTION:
Conduct required public hearing; motion to deny variance requested.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 18, 2003
Agenda Item: Prepared By: Kelly Michele Smith
5(C) Date: August 11, 2003
Agenda Section:
Business: Ordinance – 1st Reading
Subject: An ordinance to amend Chapter 54, Article IV (Boat Department: Community Development
Docking Facilities) of the Marco Island City Code
BACKGROUND:
At the August 4, 2003 meeting, the City Council discussed the proposed boat dock ordinance. At the conclusion of the discussion, Council voted 7-0 to bring the ordinance back for first reading without Sections 54-102 (Smokehouse Bay Overlay District) and 54-110-1 (Conditional use).
Council expressed concern over the requirement for reflectors and house numbers on docks. Staff has modified the language to address the concerns. Staff also discussed several areas of concern with the Police Department and has modified the following sections accordingly:
· Section 54-101. Definitions: added a definition of live-aboard vessel
· Section 54-112. Additional requirements: amended language in live-aboard regulation and modified lighting regulations
The ordinance is presented again in strikethrough and underline format to remind Council of the proposed changes to the existing regulations. A clean version of the ordinance will be presented at second reading.
RECOMMENDED ACTION:
Motion to approve ordinance as presented upon first reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: August 18, 2003
Agenda Item: Prepared By: Kelly Michele Smith
5(D) Date: August 11, 2003
Agenda Section:
Business: Resolution
Subject: FV-03-04, Flood Elevation Variance for Department: Community Development
property located at 960 Cape Marco Drive
BACKGROUND:
Bill Lewis, representing the Cozumel Condominium Association, is requesting a 9.3-foot variance from the required 17.3-foot (NGVD) base flood elevation requirement to allow for the construction of a poolside restroom facility at the Cozumel Condominium.
The proposed structure is located a VE flood zone, and therefore the restroom can not be flood proofed as it would constitute an obstruction below the base flood elevation. Therefore the restroom facility will be constructed of breakaway walls, with backflow prevention devices for the plumbing.
At the present time the closest restroom facility is more than 250 feet from the swimming pool. This results in an increased potential for sanitary and health problems. Elevating the proposed restroom to the required finished floor elevation would be difficult due to handicapped accessibility requirements. Staff is of the opinion that it is important to provide the proposed restroom facilities at grade level.
City Council will be acting as the Board of Zoning Appeals in this matter. The flood variance procedures established in Chapter 26 of the City of Marco Island Code of Ordinances requires only one public hearing to be held by the Board of Zoning Appeals. Based upon the analysis contained in the attached staff report, staff recommends that the City Council approve the flood variance as requested. 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 18, 2003
Agenda Item: Prepared By: Michael D. Murphy, Fire-Rescue Chief
5(A) Date: August 12, 2003
Agenda Section:
Business: Ordinance - 2nd Reading
Subject: Ordinance Amending Chapter 22, Article II Department: Fire-Rescue Department
Fire Prevention and Protection Code
BACKGROUND:
On August 4, 2003 City Council approved on first reading the attached Ordinance amending the City's current fire code.
Attached for consideration on second reading is the proposed amendment.
RECOMMENDED ACTION: Motion to adopt the 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 18, 2003
Agenda Item: Prepared By: K. Greg Niles
5(H) Date: August 12, 2003
Agenda Section: Discussion
Business:
Subject: Board of Zoning Appeals Department: Community Development
BACKGROUND:
At the request of Councilman Arceri, City Council agreed to discuss the issue of Council acting as the Board of Zoning Appeals.
Constitutional and statutory sources of authority for local governments to form boards of appeal include:
Under Article VIII, section 2(b) of the Florida Constitution: "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law".
Chapter 166, Florida Statutes, the Municipal Home Rule Powers Act, essentially vests in cities the authority contained in Article VIII, section 2(b), and instructs that "the provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the Constitution. It is the further intent of the Legislature to extend to municipalities the exercise of municipal governmental, corporate, or proprietary purposes not expressly prohibited by the Constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. Sec. 166.021(4), Fla. Stat. (1998 )
Currently City Council acts as the Board of Zoning Appeals and as the Construction Board of Adjustments and Appeals. As the BZA, Council renders final decisions regarding rezoning petitions, variances, flood variances, conditional use petitions, commercial and multi-family boat dock extensions. Council also hears appeals from official interpretations, and denials of single-family boat dock extensions. To date, no actions have been raised under an appeal to the Construction Board.
City Council has several options in regard to the Board of Zoning Appeals:
1. Council may wish to continue serving as the City's Board of Zoning Appeals.
2. Council may desire the creation of a separate Board of Zoning Appeals.
3. Council may wish to create a separate Board of Zoning Appeals, but retain or limit the scope of actions of that separate board.
4. Council may wish to relinquish its role as the Construction Board and solicit individuals to serve on the Board.
RECOMMENDED ACTION: Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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