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, November 1, 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 h record includes the testimony and evidence upon which the appeal is to be heard.
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Shanda Mahurin, St. Mark’s Episcopal Church
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 October 18, 2004 (Regular Meeting)
(B) Award of Contract – Playground for Mackle Park
5. PRESENTATIONS
(A) Mothers of Marco – Firefighters Flag Fund
6. BUSINESS
ORDINANCE – Second Reading & Public Hearing – An Ordinance to Create an Arts Advisory Committee.
ORDINANCE – Second Reading & Public Hearing – An Ordinance to Establish Property Owner Responsibility for Utility Bills.
DISCUSSION / ORDINANCE – First Reading – Amendment to Signage Ordinance.
RESOLUTION – Public Hearing – Petition V-04-13, Joseph Oliverio, property owner, requesting a 15-foot variance, from the required side yard setback of 15-feet for an accessory structure (awning) on property located at 257 North Collier Boulevard, further described as Marco Beach Unit 6, Block 224, Lot 6, Marco Island.
RESOLUTION – Amend Right of Way Fees.
DISCUSSION – Seawall Services Program.
DISCUSSION – Liability for Damage to Swales.
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: November 1, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(F) Date: September 22, 2004
Agenda Section:
Business: Discussion
Subject: Seawall Services Program Department: City Council
BACKGROUND:
On September 20, 2004 this subject was deferred to the meeting of November 1, 2004.
At the meeting of September 7, 2004 Councilman Arceri proposed, and City Council agreed, to schedule on the agenda for discussion a seawall services program.
Attached is a summary of the proposed program provided by Councilman Arceri. Also attached is an excerpt of the Waterways Advisory Committee minutes for the meeting of August 25, 2004.
This subject is presented for discussion.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 1, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(G) Date: September 22, 2004
Agenda Section:
Business: Discussion
Subject: Liability for Damage to Swales Department: City Council
BACKGROUND:
On September 20, 2004 this subject was deferred to the November 1, 2004 meeting.
Councilman Arceri proposed, and City Council agreed, to place on the agenda a discussion regarding who is responsible for damage to swales. A memorandum from City Attorney Yovanovich is attached.
RECOMMENDED ACTION:
Discussion.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 1, 2004
Agenda Item6(B)
Date: October 19, 2004
Agenda Section:
Business: ORDINANCE – SECOND READING
Subject: Department: Finance
PROPERTY OWNER RESPONSIBLE FOR UTILITY BILLS
BACKGROUND: At first reading of the ordinance on October 18th, City Council approved a change in utility billing to require that all new utility accounts be placed in the name of the property owner. Under Florida law, tenant balances in excess of our $125 deposit are difficult to collect once the tenant has vacated the property. Water service to a new tenant cannot be discontinued, nor can a lien be placed on the property for the unpaid balance. The write-off of a bad debt is a cost that must be passed on to all customers of the utility.
Our utility billing system has the capability to record the account in the name of the property owner, but send bills to the tenant, with a courtesy copy to the owner to monitor the status of the account. Other cities have used the procedure successfully to minimize bad debts. This action would not affect any current tenant accounts, and would only be used after December 1, 2004 for new accounts.
RECOMMENDED ACTION: Consideration of 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: November 1, 2004
Agenda Item: Prepared By: Dana A. Souza
4(A) Date: October 21, 2004
Agenda Section:
Business: Discussion
Subject: Award of Contract – Mackle Park Playground Department: Parks and Recreation
Design, Construction Supervision, Materials Purchase
BACKGROUND:
The construction of a new playground at Mackle Park is scheduled to be the first project built as defined in the Mackle Park Master Plan. While the Master Plan is in the final draft form, both the Mackle Park Master Plan Committee and the Parks and Recreation Advisory Committee have endorsed the playground project and the 2005 construction schedule. Both committees have also endorsed the firm of Leathers and Associates to complete the design process started in May 2004 and to supervise the construction of the playground. Volunteers will construct the playground.
The City began it’s relationship with the Leathers and Associates firm following the March 15, 2004 City Council meeting when Council authorized the City Manager to hire the firm to prepare the initial design of the playground. The design was completed with significant public involvement through design sessions with Marco Island children and a public meeting on May 29, 2004. That design was discussed with the City Council at the workshop held earlier today. The community build aspect of the playground was also discussed at today’s workshop and construction is targeted for the week of March 8, 2005.
This project was also discussed with City Council at the FY2005 CIP budget workshop. The approved budget provides $458,000 in FY2005 (CIP Project #27) that is to be combined with the $200,000 from FY2004, providing $658,000 to implement the first phase of construction projects at Mackle Park. The goals and objectives that guide the use of this fiscal year’s CIP funds are consistent with the project outlined.
The Leathers and Associates fees to complete the playground design, supervise construction and provide selected playground equipment is:
Design Development and Construction Documents $ 19,865
Organization Phase (prepares for construction day) 2,255
Construction Consultation 19,935
Playground Equipment (slides, crawl tubes) 17,243
Total $ 59,298
As the project develops, there will be a need to contract with other companies for: structural plastic, plastic lumber, hardware, wood, playground mulch, geo-tech fabric, etc. The cost for other materials is expected to be $135,000.
RECOMMENDED ACTION:
Discussion. Authorize the City Manager to contract with Leathers and Associates for the design, construction consultation and provision of playground equipment for the Mackle Park Playground. Also, authorize the City Manager to contract with other companies to provide the materials needed to complete the playground construction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 1, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
6(A) Date: October 21, 2004
Agenda Section:
Business: Ordinance, Second Reading
Subject: An Ordinance to Create an Arts Advisory Department: City Council
Committee
BACKGROUND:
At first reading of the ordinance on October 18th, City Council approved the proposed ordinance to create and Arts Advisory Committee for the purpose of advising City Council on artistic and other cultural programs. This ordinance was drafted when City Council asked the City Manager to prepare an ordinance to create an Arts Advisory Committee that incorporated the ideas expressed by City Council at the September 20, 2004 City Council meeting.
The attached ordinance creates the Arts Advisory Committee. The purpose of the Committee is to advise the City Council on: public places that should be considered for artwork; the appropriateness of artwork to be located within a public space; the criteria to accept donated art; the support and promotion of visual arts, theater, dance, film, music, literature, and other cultural activities and events. The Committee shall consist of seven members. Unlike other committees, where all members are required to be residents and electors, the attached ordinance provides that at least five members shall be residents of the City and shall be registered electors. This will allow City Council to appoint non-residents, including those that live outside the City or own property in the City, but are not considered “residents.”
Rather than designating appointees to be from specific organizations, which may change over time, the ordinance does not designate that members shall be from specific organizations, but such options are always available to City Council. Furthermore, the ordinance provides that City Council may appoint ex-officio members, including members or representatives of other organizations whose purpose is to advance culture within Collier County.
The term of members is two years and will expire at the same time as those serving on other committees.
RECOMMENDED ACTION: Consideration 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: November 1, 2004
Agenda Item: Prepared By: Donald R. Blalock, Jr.
6(C) Date: October 25, 2004
Agenda Section:
Business: Discussion – Ord. 1st Reading
Subject: An Ordinance to Amend Chapter 30, Article IV, Department: Community Development
(Sign Regulations)
BACKGROUND:
Staff has initiated several proposed changes to the existing commercial sign code to resolve inconsistencies, and to introduce measurable illumination standards. The proposed changes evolved in conjunction with discussions concerning the following:
1. The City’s sign ordinance requires that all internally illuminated sign faces have opaque backgrounds. There are currently a number of signs that have varying degrees of background opacity located within City limits. Question: What standard, if any, should be used to measure what is to be considered an opaque background?
2. The sign ordinance does not contain any intensity of illumination standards. Currently signs can emit as much illumination as their owner’s desire. Question: Should there be a measurable standard for the maximum illumination of a sign face?
3. It is staff’s interpretation that “Reader Board Signs”, such as changeable message boards, bulletin boards or marquees, are only permitted at service stations or theaters. There are presently reader board signs located at various establishments within the City limits. Question: Should the City allow reader board signs, and if so, should specific standards be implemented?
Staff has held several meetings with the Planning Board to discuss these issues. Members of the sign industry, commercial property owners, and the Chamber of Commerce were invited to participate in these discussions. After the final two public hearings by the Planning Board, the Board recommended that City Council adopt the attached ordinance amendments to Chapter 30, Article VI (Sign Regulations). The recommended ordinance amendment, in strike-through and underline format, includes the following:
1. Backgrounds on sign faces cannot omit illumination greater than 2.0 foot-candles as measured from the face of the sign by a calibrated light meter.
2. The illumination standards will be no greater than 10.0 foot-candles as measured 5 feet from the sign face by a calibrated light meter.
3. Reader Board Signs shall:
a. Be allowed for all business establishments, educational, religious, and civic organizations.
b. Contain reverse copy lettering only.
c. Comprise only 20% of the total sign area allowable.
d. Be either illuminated or non-illuminated
RECOMMENDED ACTION: Discussion; adoption of ordinance on first reading, if desired.
Reviewed by Department Director Reviewed by City Manager
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 1, 2004
Agenda Item: Prepared By: Rony Joel
6(E) Date: October 25, 2004
Agenda Section:
Business: Resolution
Subject: Resolution to Revise Right-of-Way Permit Fees Department: Public Works
BACKGROUND:
The current right-of-way permit fees have not been modified since October 1999. The proposed new fees are consistent with fees being changed by Collier County and the City of Naples.
See Exhibit A for comparison between Marco’s existing and proposed fees as well as Collier County and the City of Naples fees.
RECOMMENDED ACTION:
Consider Resolution to revise right-of-way permit fees.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: November 1, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
5(A) Date: October 26, 2004
Agenda Section:
Presentations
Subject: Mothers of Marco – Firefighters Flag Fund Department: City Council
BACKGROUND:
Representing the Mothers of Marco, Ms. Michelle Hurtley and Ms. Brenda Golec will review for Council their program to provide United States flags to the Fire/Rescue Department.
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: November 1, 2004
Agenda Item: Prepared By: A. William Moss
2(A) Date: October 27, 2004
Agenda Section:
Workshop
Subject: Intersection Improvements - Department: Public Works
San Marco Road / Heathwood Drive;
San Marco Road / Bald Eagle Drive
BACKGROUND:
The FY 04 budget provided $967,800 for improvements to the intersections at San Marco Road and Heathwood Drive, and San Marco Road and Bald Eagle Drive. Design alternatives were discussed and a design alternative was selected. The engineering design was completed in preparation for the bid and construction phases.
Upon review of the engineering plans, Public Works Director Rony Joel noted what he considered to be inefficiencies in the design. The engineer of record was asked to propose an alternative for consideration.
An alternative to the design will be presented to City Council during the workshop meeting. The proposed changes to the two intersections and the traffic roadway will also expand alternatives for the construction of the new Police Building.
City Council is asked to consider proposed revisions to the intersections and a relocation of the Police Building adjacent to the existing Fire-Rescue Building rather than at the point of the triangle as proposed during the June Capital Improvement Workshop meeting.
RECOMMENDED ACTION: Presentation of alternatives. Approval to forward alternatives to the Planning Board for a public hearing, review, and recommendation to City Council.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
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