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, June 7, 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 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 May 17, 2004 (Regular Meeting)
(B) Council Minutes for May 25, 2004 (Special-Called Meeting)
(C) Budget Amendment
5. PRESENTATIONS
(A) Future Charter Middle School Facility - Mr. Alvah Hardy, Executive Director of Planning & Construction for Collier County Schools.
(B) Proclamation - Recognition of Vice-Chair Kelber - United Arts Council.
6. BUSINESS
ORDINANCE - Second Reading & Public Hearing - An Ordinance Proposing the Annexation of Horr's Island (Key Marco) and Surrounding Keys.
ORDINANCE - Second Reading & Public Hearing - Petition R-04-01 - Margot Knauerhase of ERA Flagship Real Estate, representing Gottfried and Thelka Zielke is requesting a rezone from "RSF-3" (single family residential) to "C-1/T" (transitional commercial) for property located at the southeast intersection of South Barfield Drive and Hawaii Circle, further described as Tract "L", Marco Beach Unit 5.
RESOLUTION - A Resolution to Authorize Execution of an FDOT Joint Project Agreement - North Collier Boulevard Improvements.
RESOLUTION - Public Hearing - Petition V-04-07, Robert Ohlman, property owner, requesting an 8.4 foot variance from the minimum required rear yard setback of 25 feet for a garage on property located at 751 Rockport Court, Marco Island.
ORDINANCE - First Reading - An Ordinance to Amend Maximum Pool Deck Elevations.
ORDINANCE - First Reading - An Ordinance to Amend Existing Sea Wall Regulations.
DISCUSSION - Appointment of Boards and Committees.
1. Planning Board
2. Code Enforcement Board
3. Beach Advisory Committee
4. Beautification Advisory Committee
5. Parks & Recreation Advisory Committee
6. Waterways Advisory Committee
DISCUSSION - City Manager Performance Evaluation.
DISCUSSION - Review of North Collier Boulevard Median Access Plan.
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: June 7, 2004
Agenda Item: Prepared By: K. Greg Niles
6(A) Date: May 19, 2004
Agenda Section:
Business: Public Hearing – Ordinance 2nd Reading
Subject: Annexation of Horr’s Island and Department: Community Development
Surrounding Keys into the City of
Marco Island
BACKGROUND:
At the May 17, 2004 meeting City Council held the first of two required public hearings and unanimously approved the attached Annexation Ordinance on first reading. The Annexation Ordinance describes the process and timing to formally annex Horr’s Island (Key Marco) and surrounding keys into the City of Marco Island. As stated in the Annexation Ordinance a referendum vote for qualified electors within Key Marco is scheduled to occur on August 31, 2004.
A copy of the Annexation Ordinance and Exhibits is attached for Council’s reference.
RECOMMENDED ACTION:
Conduct second required public hearing; motion to adopt Annexation 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: June 7, 2004
Agenda Item: Prepared By: Bryan Milk, City Planner
6(B) Date: May 24, 2004
Agenda Section:
Business: Ordinance – 2nd Reading
Subject: Rezoning action from RSF-3 to C-1/T
for Petition R-04-01 Department: Community Development
BACKGROUND:
Margot Knauerhase of ERA Flagship Real Estate, representing Gottfried and Thelka Zielke is requesting a rezone from “RSF-3” (single family residential) to “C-1/T” (transitional commercial), for property located at the southeast intersection of South Barfield Drive and Hawaii Circle, further described at Tract “L”, Marco Beach Unit 5.
The Zielkes have previously inquired about building a single family residence on the vacant 0.37-acre corner lot, however, pursuant to the Marco Island Deed Restrictions, a single family residence is prohibited from being developed on the subject property. In contrast, these same deed restrictions allow commercial and institutional type land uses, many of which are higher intensity and more offensive than the uses provided for in the “C-1/T” zoning district. This petition was originally considered and approved in April 2003, as petition R-03-01. However, the Department of Community Affairs declared the companion small-scale comprehensive plan amendment inconsistent with review criteria, and directed staff to review the item as a large-scale plan amendment. The City received a finding of consistency from the
Department of Community Affairs for the large-scale comprehensive plan amendment on May 14, 2004.
Consequently, the Zielkes seek to rezone the lot to “C-1/T”, supportive of providing less intensive commercial uses in order to establish transitional development within this area, and complying with underlying deed restrictions.
City Council considered this petition at a public hearing on May 17, 2004, and voted unanimously to recommend approval of Petition R-04-01. No members of the public spoke in opposition or support for the petition. An ordinance is presented for consideration on second reading should Council desire to grant the amendment sought.
RECOMMENDED ACTION:
Conduct public hearing; motion to approve 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: June 7, 2004
Agenda Item: Prepared By: Bryan Milk, City Planner
6(F) Date: May 25, 2004
Agenda Section:
Business: Ordinance – 1st Reading
Subject: Amendment to existing seawall regulations,
Chapter 6, Marco Island Code of Ordinances. Department: Community Development
BACKGROUND:
Staff is proposing minor changes to existing seawall regulations (Ordinances 85-2 and 86-5) in order to provide specificity for seawall cap height and panel reinforcement. Seawalls are increasingly being rebuilt as new construction practices and seawall failure mandate replacement. Through complaints from surrounding neighbors, it has been brought to our attention that some new seawalls are being constructed significantly higher than existing seawalls, causing challenges for abutting properties relating to stormwater runoff, erosion, aesthetics, and new dock construction. The existing ordinances adopted by reference in Chapter 6, requires the cap elevation for all new seawalls fronting on protected tidal waters and/or man made canals to be equal to or greater than elevation 4.5 feet N.G.V.D. and equal to or greater than 5.5
feet N.G.V.D. on natural open bays, rivers and channels. However, as currently written, the ordinances do not restrict the overall maximum seawall cap height.
Staff’s proposal provides the ability to increase the minimum seawall cap height from 4.5 feet N.G.V.D. to 5.5 feet N.G.V.D. on protected tidal waters and/or man made canals. However, on natural open bays, rivers and channels, the cap elevation for all new seawalls shall be maintained at 5.5 feet. This restriction will regulate seawall cap heights for consistency, engineering, and uniformity purposes. Additionally, staff has provided minimum specifications pursuant to industry standards for rebar size and spacing criteria utilized for new concrete seawall panel construction. The existing ordinances provide number 4 rebar for concrete seawall panel construction. Existing engineering practices provide for utilization of number 5 and 6 rebar for new concrete seawall panel construction. Pursuant to engineering practices, stronger
rebar within the panels will increase life expectancy of the new concrete seawall panels. Additionally, staff provided new language for administrative relief for height encroachments of three inches or less for new and/or repaired seawall caps.
The Planning Board heard and approved this Ordinance at their May 21, 2004 meeting. Blake Wishart of Marco Dock and Lift supported the ordinance amendments. Additionally, while not present at the meeting, local marine contractors have indicated their support for the proposed changes. No members of the public spoke in opposition.
RECOMMENDED ACTION:
Conduct public hearing; motion to adopt Ordinance on first reading, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: William P. Harrison
4(C) Date: May 26, 2004
Agenda Section:
Business: DISCUSSION
Subject: BUDGET AMENDMENT Department: Finance
BACKGROUND: At the Special City Council meeting of May 25, 2004, Council approved the issuance of a contract for the construction of the North Collier Boulevard / Seaview storm drainage project in the amount of $653,537.71. The budget for the project was based on the engineer’s estimate completed prior to the recent cost increases in concrete and petroleum based products. There is currently $514,172 available in the project budget.
The Fiscal Year 2004 budget, City Council allocated $488,500 to pay the first year’s interest expense on the Sales Tax Revenue Bonds. That amount was determined based on the issuance of bonds early in the fiscal year to pay for the rebuilding of the Barfield Drive bridge at Tarpon waterway, a portion of engineering for North Collier Boulevard and the construction of South Collier Boulevard, and the 2005 construction of a new Police Station / City Council chambers. Those bonds are now scheduled to be issued later this summer. Estimated interest expenses for 2004 have been reduced to $100,000, leaving $388,500 for other needs for the balance of this fiscal year.
RECOMMENDED ACTION: Approval of a budget amendment transferring $139,365 from the General Fund Debt Service budget for interest on the 2004 Sales Tax Revenue Bonds to the Capital Improvement Fund budget for North Collier / Seaview Storm Sewer.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: 5(A) Prepared By: K. Greg Niles
Date: May 26, 2004
Agenda Section: Presentations
Business:
Subject: Future Charter Middle School Facility Department: Community Development
BACKGROUND:
At the May 17, 2004 meeting City Council requested a status report on the plans for a permanent Charter Middle School facility. In response to that request Mr. Alvah Hardy, Executive Director of Planning & Construction for the School District, will be in attendance to make a brief presentation.
An initial agreement between the School District and the Charter Middle School Board to utilize Tract K for a future school facility has been complicated by the presence of an eagle’s nest. The District is now conducting a comparative site and master facility planning analysis for both Tract K and the Tommie Barfield property. Mr. Hardy will provide a status report on the current site analysis.
RECOMMENDED ACTION:
Receive presentation.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: K. Greg Niles
6(E) Date: May 27, 2004
Agenda Section: Ordinance – 1st Reading
Business:
Subject: Amendment to maximum pool deck heights Department: Community Development
BACKGROUND:
Earlier this year City Council considered a variance request to allow a builder to exceed the maximum height for a pool deck. That request, which was granted, stemmed from changes to the FEMA maps, and a desire to minimize the height differential between the pool deck and the interior finished floor of the home. In recognition that this would become more of an issue in the future Council urged staff and the Planning Board to recommend appropriate code changes.
Attached for discussion and consideration on first reading is an ordinance amending the applicable footnote addressing maximum height of pool decks. The footnote language has been expanded to cover pools located in either AE or VE flood zones, and has been amended to allow the maximum pool deck height in an AE zone to a point that does not exceed the adopted Base Flood Elevation (BFE), or the BFE considered the best available data.
The relief provided by this ordinance amendment would allow for easier transition between indoor and outdoor living space (minimal step-down), but at the same time holds the amount of exposed stem wall (blank wall) to four feet. In cases where the vertical difference between the height of the seawall cap and the pool deck is greater than four feet, there will need to be some type of grade transition which could be achieved through landscaping or use of planters. Further, the ability to minimize the height differential by increasing the height of the seawall will be eliminated by revisions to the seawall ordinance.
The Planning Board considered this ordinance at a required public hearing, and voted unanimously to recommend approval by City Council.
RECOMMENDED ACTION:
Discussion; motion to adopt Ordinance on first reading, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: Donald R. Blalock, Jr.
6(D) Date: May 28, 2004
Agenda Section:
Business: Resolution – Public Hearing
Subject: V-04-07 requesting a 8.4’ encroachment into the rear Department: Community Development
yard setback for a garage expansion
BACKGROUND:
Petition No. V-04-07, Robert Ohlman, property owner is requesting an 8.4 foot variance from the minimum required rear yard setback of 25 feet for a garage expansion on property located at 751 Rockport Court, further described as the Marco Beach Unit 11, Block 356, Lot 21, Collier County, Florida and the City of Marco Island.
The City of Marco Island setback regulations require a 25-foot rear yard setback from the building envelope to the seawall. The petitioner is requesting a variance be given to allow an 8.4-foot encroachment into that rear yard setback to expand his garage to 31.4’ x 30’. The petitioner stated that the current garage dimensions of 18.5’ x 30’ makes it very difficult to store two cars plus providing for the storage of yard maintenance equipment.
Staff did not find any hardship to support this petition. While they agreed that a garage width of 18.5’ would be very limiting, they stated that increasing the width of the current garage 4 feet from 18.5’ to 22.5’ could alleviate the petitioner’s issues and still remain within the 25-foot rear yard setback. This would allow for the safe navigation of two large vehicles and still provide storage area for yard maintenance equipment. In addition, a garage modification could be accomplished by-right through a building permit.
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 May 7, 2004 meeting and voted 6-0 with one abstaining vote to recommend denial of petition V-04-07 to City Council.
Attached: Staff report, petitioner’s application, correspondence from neighbors and resolution should council desire to approve the variance requested.
RECOMMENDED ACTION:
Conduct required public hearing; motion to deny resolution as presented, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: June 2, 2004
Agenda Section:
Business: Discussion
Subject: Appointments to the Code Enforcement Board Department: City Council
BACKGROUND:
City Council is asked to consider the appointment of six citizens to the seven-member Code Enforcement Board.
Chapter 14, Article II of the City Code provides for a seven-member Code Enforcement Board. Members are appointed for a term of three years on a staggered basis. The Code provides that all members of the Board shall be permanent residents and electors of the City and shall serve without compensation.
Chapter 2, Article IV of the City Code provides that each council member shall reserve the right to recommend the appointment of one member. City Council may accept or reject the recommendation offered by the council member. The term of office of the Board shall expire on the first day of June. If a reappointment or replacement is not made prior to or at the expiration of the term of office, the member shall continue to serve until a reappointment or replacement is made.
The Code provides that appointment of members to the Board shall be made on the basis of experience or interest in the fields of zoning and building control, or other areas as are relevant to the codes or ordinances of the City to be enforced. The membership shall, whenever possible, include, but not be limited to, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.
James Kennedy (appointed by Kelber) is the only remaining member of the Code Enforcement Board whose term has not expired and who has indicated a willingness to continue service on the Board.
Chapter 162.01 provides for staggered terms for the Code Enforcement Board with initial appointment of two members for a term of one year, three members for a term of two years, and two members for a term of three years. Assuming that Mr. Kennedy shall have a term to expire in one year (June 2005), City Council should select one citizen to serve a one-year term, three citizens to serve a two-year term, and two citizens to serve a three-year term. While at City Council’s discretion, the following suggestion is offered:
One-Year Term: Appointed by Arceri
Two-Year Term: Appointed by DiSciullo, Patterson, Trotter
Three-Year Term: Appointed by Tucker, Minozzi
(Three-year term to most senior reelected Councilors, two-year term to recently re-elected or elected Councilors, and names drawn for remaining two and one-year terms.)
The following citizens have indicated specific interest in serving on the Code Enforcement Board:
Charles E. Hughes (Member of CEB since 1998)
Tarik N. Ayasun (Member of CEB since 2003)
Sal Sciarrino (Member of CEB since 2002)
Heyward E. Boyce (City Councilman from March 2000 to March 2004)
Gil Mueller (Member of Parks & Recreation Advisory Committee since March 2002)
Jack Patterson (Member of Parks & Recreation Advisory Committee since March 2002)
Robert A. Costa
John DeRosa
Ronald Hobson
Hans Hoenig
Brian W. Moss (per telephone confirmation)
The following citizens have expressed interest in serving on any of the City’s boards or committees:
Richard G. Adams
Beverly Andrews
Don E. Henderson
Mary Ann Maniace
RECOMMENDED ACTION:
Appointment of six citizens to the Code Enforcement Board.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: June 2, 2004
Agenda Section:
Business: Discussion
Subject: Appointments to the Waterways Advisory Department: City Council
Committee
BACKGROUND:
City Council is asked to consider appointments to the seven-member Waterways Advisory Committee.
As requested, the City Manager contacted current members of the boards and committees to determine their interest in continuation of service. The vacancies were advertised and publicized to solicit interest from citizens.
As provided in Chapter 2, Article IV the members of advisory committees shall serve two-year terms, and the terms of the members shall expire on the first day of June. Each council member shall reserve the right to recommend the appointment of one member. City Council may accept or reject the recommendation offered by the council member.
The following citizens have expressed a specific interest in serving on the Waterways Advisory Committee:
Jim Carroll (Member Waterways Advisory Committee)
James E. Mellinger (Member Waterways Advisory Committee)
F. Preston Mottram (Member Waterways Advisory Committee)
G. Gale Vinson (Member Waterways Advisory Committee)
John Arnold
Jim Curland
Don E. Henderson
Douglass P. Johnson
Thomas R. Kirstein
Michael E. Merrill
Brian W. Moss
Todd R. Murvine
Francis P. Prainito
The following citizens expressed an interest on serving on any of the City’s boards or committees:
Richard G. Adams
Beverly Andrews
Mary Ann Maniace
Richard L. Tower
RECOMMENDED ACTION:
Appointment of seven citizens to the Waterways Advisory Committee.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: June 7, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: June 2, 2004
Agenda Section:
Business: Discussion
Subject: Appointments to the Beach Advisory Department: City Council
Committee
BACKGROUND:
City Council is asked to consider appointments to the seven-member Beach Advisory Committee.
As requested, the City Manager contacted current members of the boards and committees to determine their interest in continuation of service. The vacancies were advertised and publicized to solicit interest from citizens.
As provided in Chapter 2, Article IV the members of advisory committees shall serve two-year terms, and the terms of the members shall expire on the first day of June. Each council member shall reserve the right to recommend the appointment of one member. City Council may accept or reject the recommendation offered by the council member.
The following citizens have expressed a specific interest in serving on the Beach Advisory Committee:
Stephen R. Ostrow (Member Beach Advisory Committee)
James A. Peterka (Member Beach Advisory Committee)
James L. Snediker (Member Beach Advisory Committee & Collier County Coastal Advisory Committee)
Irene Horowitz
The following citizens expressed an interest on serving on any of the City’s boards or committees:
Richard G. Adams
Beverly Andrews
Mary Ann Maniace
Richard L. Tower
RECOMMENDED ACTION:
Appointment of seven citizens to the Beach Advisory Committee.
Reviewed by Department Director Reviewed by City Manager & | 
