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
Workshop Meeting
Monday, December 6, 2004, 5:00 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. BUSINESS
City Council will travel to the Barfield Bridge to review decorative tiles.
3. PUBLIC COMMENT
4. 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
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, December 6, 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 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 Council, that item(s) will be removed from the Consent Agenda and considered separately.
(A) Council Minutes for November 1, 2004 (Workshop Meeting)
(B) Council Minutes for November 1, 2004 (Regular Meeting)
(C) Council Minutes for November 17, 2004 ( Special-Called Meeting)
(D) Award of Contract – Gravity Sewer and Lift Station
(E) Award of Contracts – Disaster Services
(F) Acceptance of Hazardous Materials Equipment Purchase and Maintenance Grant
(G) Ratification of Police Contract
(H) Budget Amendment
(I) Approval of 2005 City Council Meeting Schedule
5. SUMMARY AGENDA
All matters listed under this item are advertised public hearings that have a recommendation of approval from staff; unanimous recommendation of approval by the Marco Island Planning Board of all members present and voting; no written or oral objections to the item received by staff or the Planning Board; and no individuals are registered to speak in opposition. For those items which are quasi-judicial in nature, all participants must be sworn in. If discussion is desired by a member of Council, that item(s) will be removed from the Summary Agenda and considered separately.
(A) Petition FV-04-12, Cindy Love, representing the Marco Island YMCA is requesting a 2.8 foot variance from the required AE-10 NGVD to allow for the completion of a new maintenance garage facility with restrooms at the Marco Island YMCA, on property located at 101 Sandhill Street.
6. PRESENTATIONS
(A) Employee Longevity Awards
7. BUSINESS
ORDINANCE – Second Reading & Public Hearing – Amendment to Signage Ordinance.
ORDINANCE – First Reading – an Ordinance to Amend the Firefighters’ Pension Plan.
ORDINANCE / DISCUSSION – First Reading – An Ordinance to Establish Fence Criteria.
RESOLUTION – Petition V-04-14, Collier Seawall & Dock, as agent for Henry and Carolyn Lowe, property owners, requesting a 5.5 foot variance from the required 7.5-foot setback for a boat dock facility on property located at 1063 Old Marco Lane.
RESOLUTION – Public Hearing – Petition OSP-04-03. Joel Moskowitz and Anthony Rainone of Sushi Blues and Steaks is requesting an off-street parking variance in accordance with Section 30-484(a)(c) of the Marco Island Land Development Code for property described as Stars and Stripes Learning Center, located at the southwest corner of 1st Avenue and Marco Lake Drive, and two lots to the west of Sushi Blues and Steaks. Sushi Blues and Steaks is located at the Lakeside Inn, 155 1st Avenue; Stars and Stripes Learning Center (where the off-street parking lot is proposed) is located at 60 Marco Lake Drive, City of Marco Island.
DISCUSSION – Proposed Funding for Removal of Overhead Power Lines.
DISCUSSION – Public Hearing - Appeal of Official Interpretation – Harbor at South Bridge (Moran’s Barge).
DISCUSSION – Public Hearing – Evaluation and Appraisal Report.
8. COUNCIL COMMUNICATIONS AND DISCUSSION
9. FUTURE AGENDA
10. PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
11. 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: December 6, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
7(B) Date: November 16, 2004
Agenda Section:
Business: Ordinance – First Reading
Subject: An Ordinance Amending the City of Marco Department: City Manager
Island Firefighters’ Pension Plan
BACKGROUND:
Pursuant to amendments to Chapter 175, Florida Statutes, and upon the request of the Pension Board, City Council is asked to consider revisions to the City’s Pension Plan for firefighters.
The Florida State Legislature during its 2004 session enacted Chapter 2004-21, which authorizes the trustees of the firefighters’ pension plan, when authorized by a retiree or retiree’s dependent, to make certain deductions from monthly retirement payments for items including benefits payments, union dues, child support and alimony.
This is not a change in plan benefits, nor does it have any economic effect upon the City’s contribution.
RECOMMENDED ACTION:
Motion to adopt the ordinance on first reading.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 6, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
4(I) Date: November 16, 2004
Agenda Section:
Business: Discussion
Subject: City Council 2005 Schedule Department: City Council
BACKGROUND:
The City Charter requires that City Council schedule a minimum of twelve regular meetings each year. Attached for discussion is a proposed schedule of City Council meetings for 2005. When the first or third Monday falls on a federal holiday the meeting is scheduled for the following Tuesday.
The first meeting in July has been deleted, anticipating that Council will elect to schedule a two-week summer recess. The second meetings in November and December have been deleted, anticipating that Council will elect to schedule a recess during the Thanksgiving and Christmas holidays. During the year, City Council may schedule special-called and workshop meetings whenever necessary.
RECOMMENDED ACTION:
Discussion; motion to adopt the City Council 2005 meeting schedule.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 6, 2004
Agenda Item: 6(A) Prepared By: A. William Moss, City Manager
Date: November 16, 2004
Agenda Section:
Presentations
Subject: Employee Longevity Service Awards Department: City Manager
BACKGROUND:
The following employees are to be recognized for their years of service to the City of Marco Island:
Employees with 5 years of service:
Dave Baer, Police Lieutenant
Ed Burlingame, Police Officer
Liz Carr, Code Compliance Officer
Thom Carr, Police Captain
Hector Diaz, Police Officer
Steve Devore, Police Officer
Scott Erickson, Police Lieutenant
Joe Giannone, Public Works
Matt Goetz, Police Lieutenant
Brian Hood, Police Officer
Paul Keys, Police Officer
Bob Mahar, Chief of Building Services
Bryan Milk, City Planner
Cliff Morine, Police Lieutenant
Jason Nachtrab, Police Officer
Employees with 20 years of service:
Don Jones, Fire/Rescue Captain
RECOMMENDED ACTION: Present longevity awards.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 6, 2004
Agenda Item: Prepared By: William P. Harrison
4(H) Date: November 9, 2004
Agenda Section:
Business: CONSENT AGENDA
Subject: Department: Finance
BUDGET AMENDMENT
BACKGROUND: Section 4 of Ordinance 02-26 states: “Capital expenditures budgeted in a prior fiscal year, but unexpended as of the end of that fiscal year, may be brought forward into a subsequent fiscal year and those expenditures shall not be considered in the calculation of expenditures of that subsequent fiscal year against the Spending Cap.”
During this summer’s budget workshop, Council also agreed that unexpended operating funds budgeted should be carried forward as Capital Projects Fund contingency in the upcoming budget year under these same conditions. Effective with the start of Fiscal Year 2005, we created a new Self-Insurance Fund to account for our new insurance program where the City is accepting additional risk for significantly reduced insurance premiums. We continue to be responsible for deductibles up to $25,000 per incident under the old insurance program and recommend that available funds be transferred from the General Fund to the new Self-Insurance Fund to provide funding for those costs. We are recommending that funds budgeted in Fiscal Year 2004, and unexpended as of the end of the fiscal year, be carried forward and added to the Fiscal
Year 2005 budget:
CAPITAL PROJECTS FUND $12,328,933 SEE DETAILS ATTACHED
SELF-INSURANCE FUND $ 200,000
Cash balances in the Utilities Fund as of September 30, 2004 are available to fund 2005 capital projects. The budget amendment for that fund will be presented with the 5-year Business Plan for Marco Island Utilities.
To insure compliance with the Fiscal Year 2004 Spending Cap, funds recommended to be carried forward to 2005 have been added to actual expenditures in 2004 and that revised total compared to the Spending Cap. We continue to be in compliance with the 2004 Spending Cap.
RECOMMENDED ACTION: Approval of Budget Amendment on consent agenda. All budget amendments approved during the year will be combined into a re-appropriation ordinance and presented for City Council approval at the end 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: December 6, 2004
Agenda Item: Prepared By: Donald R. Blalock, Jr.
7(D) Date: November 4, 2004
Agenda Section:
Business: Resolution -- Public Hearing
Subject: V-04-14, requesting 5.5-foot variances from both of the Department: Community Development
7.5 foot minimum required riparian line setbacks for a boat dock facility
BACKGROUND:
Brian Gilmore, of Collier Seawall & Dock, LLC, representing Henry and Carolyn Lowe, property owners, is requesting 5.5-foot variances from both of the 7.5 foot required riparian line setbacks for a new boat dock facility. The subject property is located at 1063 Old Marco Lane, which is legally described as Old Marco Village, Block 6, Lot 2, Collier County and the City of Marco Island, FL.
The subject property is located at the rounded end of a waterway with 47 feet of water frontage. The petitioner has stated that a literal interpretation of the Land Development Code would create an undue hardship for the property owner because it would not be possible to legally moor the current 26-foot vessel on the property if strict adherence to the protrusion and setback standards was required. When presented to the Planning Board, the petitioner also requested a 3-foot boat dock extension. The Planning Board approved the dock extension request by a 6-0 vote, contingent upon approval of the variance requested.
The petitioner has indicated that a variance was approved earlier this year by City Council for a property located at 1063 Ruppert Court, which is one street to the east of Old Marco Lane. The approved variance was nearly identical to the subject property of this petition. Staff has included the drawing for this petition (Exhibit A2), which City Council approved concerning that petition (March 15, 2004 City Council Minutes concerning variance V-03-19 are included).
City Council will be acting as the Board of Zoning Appeals in this matter. The Planning Board held a public hearing for this request at their October 22, 2004 meeting. Staff’s recommendation to the Planning Board was for approval of the 5.5-foot variance. The petitioner also submitted statements of no objection from each adjacent property owner, copies of which are attached for Council’s information. Staff received one letter from a Mrs. Jill Barlock, property owner of Block 6, Lot 1 adjacent to the subject property. Mrs. Barlock stated that she was against any boat dock extension or variance that would reduce the value of her property. Staff spoke to Mrs. Barlock’s husband Mr. Barlock on October 15, 2004 and explained that if approved, this variance and extension would allow for the same type of dock design at
Lot 1. He seemed agreeable to that scenario. At the conclusion of the public hearing the Planning Board voted 6-0 to forward petition V-04-14 to the City Council with a recommendation of approval for the 5.5-foot variances as indicated on Exhibit A. Attached for Council’s review is a resolution authorizing the variance relief sought.
RECOMMENDED ACTION:
Conduct required public hearing; approve 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: December 6, 2004
Agenda Item: Prepared By: Bryan Milk, City Planner
7(E) Date: November 10, 2004
Agenda Section:
Business: Resolution – Public Hearing
Subject: Petition OSP-04-03, Joel Moskowitz and
Anthony Rainone are requesting 12 off-street parking
spaces at the Stars and Stripes Learning Center. Department: Community Development
BACKGROUND:
Joel Moskowitz and Anthony Rainone, owners of Sushi Blues and Steaks Restaurant (a.k.a. Busghetti’s Lakeside Inn), are requesting 12 off-street parking spaces at the Stars and Stripes Learning Center located at 60 Marco Lake Drive (southwest intersection of First Avenue and Marco Lake Drive) in order to increase their seating capacity from 110 seats to 150 seats. The Sushi Blues Restaurant has been completely remodeled and overlooks the lake from the second floor of the Lakeside Inn. The owners of Sushi Blues and Steaks desire 150 seats in order to provide a new sushi bar, dining area, and lounge. Presently, there are 62 parking spaces provided throughout the Lakeside Inn campus, of which 24 spaces are allocated for the existing 20 motel rooms and accessory uses on-site, and 38 spaces are allocated for the
restaurant. Pursuant to code, 12 additional parking spaces are required to increase the seating capacity from 110 to 150. The owners of Sushi Blues and Steaks have entered into an off-street parking agreement with the Stars and Stripes Learning Center for 12 parking spaces. The agreement provides off-street parking for a duration not to exceed seven years and is available at 7:00 p.m. The owners of Sushi Blues and Steaks plan to open from 4:00 p.m. to 12:00 p.m., and have secured an access agreement with the owner of Lakeside Efficiencies (motel) located at the southeast corner of First Avenue and Marco Lake Drive to provide sidewalk access from Stars and Stripes Learning Center to Sushi Blues and Steaks.
In accordance with Section 30-484 of the Marco Island Land Development Code, off-street parking on non-contiguous commercial property may be achieved, provided the off-street parking lot is reviewed and approved by the Planning Board and Board of Zoning Appeals.
The Planning Board considered this petition at their meeting of October 22, 2004 and recommended unanimously (6-0) for approval subject to providing customer, valet, and employee parking at the Stars and Stripes Learning Center; and requiring lighting along the walkway from Stars and Stripes Learning Center to Sushi Blues and Steaks Restaurant. There were no public speakers regarding this petition request.
A resolution authorizing the off-street parking variance is attached along with the staff report, petition, and exhibits. City Council will be acting as the Board of Zoning Appeals in this matter.
RECOMMENDED ACTION:
Conduct require public hearing; motion to approve attached resolution authorizing the off-street parking variance, if desired.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 6, 2004
Agenda Item: Prepared By: K. Greg Niles
5(A) Date: November 15, 2004
Agenda Section: Resolution
Business:
Subject: FV-04-02, the Marco Island YMCA requesting a Department: Community Development
2.8 foot Base Flood Elevation variance to
construct a new maintenance garage facility
at 101 Sandhill St.
BACKGROUND:
On August 2, 2004 City Council, acting as the Board of Zoning Appeals, approved a resolution (04-41) granting a 2.6-foot variance from the required 10.0 foot (NGVD) base flood elevation to allow for the construction of a new maintenance garage facility on the YMCA campus. A spot survey of the floor elevation of the garage structure indicates that the structure currently under construction will not comply with the variance relief previously granted. The YMCA could either pour additional concrete to raise the floor elevation, or pursue additional relief through a new flood variance.
The spot elevation measures a finished floor elevation of 7.23 feet. The attached resolution will provide for a variance of 2.8- foot from the required 10.0 foot (NGVD) base flood elevation. The structure is non-habitable (no air-conditioning) and will be “wet-flood proofed” to allow for rising waters to enter into the structure in a controlled manner. The flood variance will allow the building to be completed slightly above existing grade to facilitate handicapped and vehicular/equipment access, and to avoid impacts to adjoining recreational amenities.
City Council will be acting as the Board of Zoning Appeals in this matter. A resolution approving the requested variance, and superseding resolution 04-41, 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: December 6, 2004
Agenda Item: Prepared By: A. William Moss, City Manager
7(F) Date: November 18, 2004
Agenda Section:
Business: Discussion
Subject: Underground Power Lines Department: City Manager
BACKGROUND:
City Council was previously advised that the estimated cost to relocate overhead power lines to underground lines on North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard is $2.9 million. City Council authorized a contract for the underground power lines for South Collier Boulevard and agreed that the same should occur during the North Collier Boulevard construction project.
City Council was also advised that the estimated cost to provide 42 miles of underground three-phase power lines is in the range of $34.6 million, and the cost to provide 80 miles of single-phase lines is approximately $7.4 million.
The 80 miles of single-phase line serve most neighborhood and cul-de-sac areas of the City. LCEC staff were asked to determine whether the $7.4 million to underground 80 miles of single-phase line is a reasonably accurate estimate, and whether construction could begin in the next year and be completed in a two to three-year period.
Per the attached letter, LCEC advises that the non-binding estimated cost to convert the single-phase primary voltage facilities (74 miles) from overhead to underground is $7.6 million, and that such conversion may be completed within 39 months.
Proposed for Council’s consideration is the initiation of the relocation of the overhead power lines to underground lines along 74 miles of City streets, funded through the issuance of bonds. The bonds, in the estimated amount of $11 million will be paid through the annual $1.3 million revenue derived from the 5% electric Franchise Fee, payable over approximately 12 years. Thereafter, City Council could then authorize the relocation of the three-phase overhead power lines for the remaining 42 miles of streets.
Should Council be in agreement with the concept to begin moving the overhead power lines along the neighborhood streets, LCEC will be asked to initiate the construction project while City staff will develop the appropriate documents for the sale of bonds.
RECOMMENDED ACTION:
Discussion and direction.
Reviewed by Department Director Reviewed by City Manager
Council Action: Motion by: Second by:
REQUEST FOR CITY COUNCIL CONSIDERATION
Meeting Date: December 6, 2004
Agenda Item: Prepared By: Donald R. Blalock, Jr.
7(A) Date: November 19, 2004
Agenda Section:
Business: Ordinance, Second Reading
Subject: An Ordinance to Amend Chapter 30, Article IV, Department: Community Development
(Sign Regulations) of the Marco Island City Code
BACKGROUND:
At first reading of the ordinance on November 1, 2004, City Council approved the proposed ordinance to amend the existing Land Development Code concerning commercial sign regulations. Staff had initiated several proposed changes to the existing commercial sign code to resolve inconsistencies, and to introduce measurable illumination standards. The proposed changes recommended by the Planning Board evolved from many meetings and visual inspections of illuminated signs after dusk. They are as follows:
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
Pursuant to City Council’s direction at the November 1st meeting, staff submitted a survey to the Marco Island Chamber of Commerce concerning the proposed changes of the City Commercial Sign Regulations. Furthermore, a meeting was held on November 17th to discuss the results with the Chamber’s administrative council. At that meeting the member ship seemed to be split. Some members had the opinion that the proposed sign amendments were actually less restrictive than the current ones; others felt that the addition of the opaque standards was making the regulations too complicated.
All agreed that because of the poor response from the first survey, the Chamber should re-submit a survey to its members requesting input from its members. The response from this new survey will not be obtained until after the publication of this packet, however a copy of the results will be provided at the City Council meeting.
RECOMMENDED ACTION: Conduct required public hearing; 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: December 6, 2004
Agenda Item: Prepared By: K. Greg Niles
7(G) Date: November 22, 2004
Agenda Section: Discussion – Appeal
Business:
Subject: Appeal of Official Interpretation, applicability of Department: Community Development
Section 30-1023 maximum hotel and motel room
sizes to the proposed Harbor at South Bridge
Project (a/k/a Moran’s Barge) 3200 San Marco Rd.
BACKGROUND:
On October 21, 2004 an Official Interpretation was rendered concerning the applicability of City Code Section 30-1023 to a proposed project to be known as Harbor at South Bridge. The interpretation rendered stated “any future hotel/motel development pursued for a Harbor at South Bridge project shall comply with applicable hotel and motel room size standards, as well as, all other applicable C-4 zoning district standards, including maximum height, setbacks, and parking.” Mr. William G. Morris, Esq., as agent for Maureen Moran, Inc., has filed an app | 
