THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 7, 2004 – 6:10 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Mike Murphy, Fire Chief
Roger Reinke, Police Chief
Jake Rohrich, Utilities Director
Bruce Weinstein, Utilities Engineer
Bryan Milk, City Planner
Don Blalock, Zoning Administrator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Joy Baumgartner, United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO MOVE ITEM 6(I) AHEAD OF 6(A). Second by Councilman Arceri. Motion carried 7-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for May 17, 2004 (Regular Meeting)
(B) Council Minutes for May 25, 2004 (Special-Called Meeting)
(C) Budget Amendment
MOTION by Councilman Tucker to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Vice-Chair Kelber. Motion carried 7-0.
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City Council Minutes for June 7, 2004
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PRESENTATIONS
(A) Future Charter Middle School Facility.
Mr. Alvah Hardy, Executive Director of Planning and Construction for the School District, advised Council on the current status of the nesting Eagles on Tract K and the status of the comparative site studies and master facility planning analysis for both Tract K and the Tommie Barfield Elementary sites. He anticipates a school will be opened on one site in the fall of 2006.
Ms. Pat Carroll, Collier County School Board member, expressed her commitment to building the proposed school.
(B) Proclamation – Recognition of Vice-Chair Kelber – United Arts Council
On behalf of Council, Chairwoman DiSciullo presented a proclamation to Vice-Chair Kelber in recognition of her receipt of the “Governmental Leadership in the Arts” award from the United Arts Council of Collier County.
BUSINESS
(A) ORDINANCE – Second Reading and Public Hearing – An Ordinance Proposing the Annexation of Horr’s Island (Key Marco) and surrounding Keys.
(Editorial History: 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.)
Mr. Moss read, by title only, the Ordinance proposing the annexation of Horr’s Island (Key Marco) and surrounding keys. There was no public comment.
MOTION by Vice-Chair Kelber to ADOPT ON SECOND READING THE ORDINANCE PROPOSING THE ANNEXATION OF HORR’S ISLAND (KEY MARCO) AND SURROUNDING KEYS. Second by Councilman Minozzi. Motion carried 7-0.
(B) ORDINANCE – Second Reading and Public Hearing – Petition R-04-01 - Margot Knauerhase of ERA Flagship Real Estate, representing Gottfried and Thelka Zielke, is requesting a rezoning from single-family residential district “RSF-3” to commercial professional transitional district “C-1/T”, for property located at the southeast intersection of South Barfield Drive and Hawaii Circle, referred to as Tract “L", Unit 5, Section 16, Township 52 South, Range 26 East, Marco Island.
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(Editorial History: City Council considered the 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.)
Mr. Moss read, by title only, the Ordinance pertaining to Petition R-04-01. There was no public comment.
MOTION by Councilman Tucker to ADOPT ON SECOND READING THE ORDINANCE AMENDING ORDINANCE 02-36, THE MARCO ISLAND LAND DEVELOPMENT CODE, RELATING TO PETITION NUMBER R-04-01. Second by Councilwoman Patterson. Motion carried 7-0.
(I) DISCUSSION – Review of North Collier Boulevard Median Access Plan.
(Editorial History: On May 25, 2004 City Council met in a special-called meeting to finalize the design elements for the North Collier Boulevard Project. Following decisions regarding the design alternatives the design engineer, Mr. Bill Oliver, requested time with Council to summarize the median access plan and resolve outstanding access issues at several locations.)
Mr. Bill Oliver presented a summary of the median access plan and led the discussion on outstanding issues. Following discussion, Council agreed that they would like to see a right hand turn lane at Bald Eagle Drive, however, they would need additional information before making a decision.
MOTION by Councilman Tucker to FOLLOW THE PLANNING BOARD’S RECOMMENDATION TO LEAVE SATURN COURT AS-IS. Second by Councilman Arceri. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPROVE THE PROPOSED ALTERNATIVES FOR ELKCAM CIRCLE TO BALD EAGLE DRIVE SUBJECT TO FURTHER DISCUSSIONS WITH THE COMMERCIAL PROPERTY OWNERS AFFECTED. Second by Councilman Minozzi. Motion carried 7-0.
MOTION by Councilman Tucker to SUPPORT THE ALTERNATIVE TO LEAVE FAIRLAWN COURT AS-IS. Second by Chairwoman DiSciullo. Motion carried 7-0.
MOTION by Councilman Tucker to LEAVE THE MEDIAN OPEN BETWEEN MILAN COURT AND HOLLY COURT (BETWEEN MARKERS 169 AND 170). Second by Councilman Arceri. Motion carried 7-0.
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Public Comment
Mr. Bill McDevitt, 485 North Collier Boulevard, spoke in support of leaving the median open between Milan Court and Holly Court.
Mr. Herb Savage, 816 Elkcam Circle, spoke in opposition to closing medians.
Mr. Bill McMullan, 1250 North Collier Boulevard, spoke in support of leaving the medians open and a double turn lane at the Lutheran Church.
MOTION by Councilman Minozzi to SUPPORT THE RECOMMENDATION APPROVED BY MARCO LUTHERAN CHURCH FOR A DOUBLE LEFT TURN LANE AT THAT LOCATION. Second by Councilman Arceri. Motion carried 7-0.
(C) RESOLUTION – A Resolution to Authorize Execution of an FDOT Joint Project Agreement – North Collier Boulevard Improvements.
(Editorial History: On July 21, 2003 City Council authorized the Chair to execute a Joint Project Agreement with the Florida Department of Transportation. The Agreement provided that the City would construct the North Collier Boulevard improvements and the FDOT would then transfer North Collier Boulevard to the City, reimbursing the City $2,870,091. On December 1, 2003 City Council was advised by FDOT that they were willing to transfer jurisdictional responsibility for North Collier Boulevard to the City with the $2.87 million grant in advance of the project. City Council agreed by motion to accept the
transfer of North Collier Boulevard in advance of the project. On May 25, 2004 City Council confirmed their desire to accept responsibility for North Collier Boulevard and the $2.87 million grant in advance of the project construction.)
Mr. Moss read, by title only, the Resolution to authorize execution of an FDOT Joint Project Agreement, North Collier Boulevard improvements. There was no public comment.
MOTION by Councilman Minozzi to APPROVE THE RESOLUTION TO AUTHORIZE EXECUTION OF AN FDOT JOINT PROJECT AGREEMENT FOR NORTH COLLIER BOULEVARD IMPROVEMENTS, AS AMENDED. Second by Vice-Chair Kelber. Motion carried 7-0.
(D) 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.
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(Editorial History: 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. The Planning Board voted 6-0, with one abstention, to recommend denial of this petition)
Mr. Moss read, by title only, Petition V-04-07. All Council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
The Petitioner, Mr. Robert Ohlman, reviewed the petition and responded to Council’s questions.
Public Comment
Mr. Herb Savage, architect for the petition, spoke in support of granting the variance.
Neighbors Mr. Jim Segesture, 740 Rockport Court, and Mr. Andy Gustafson, 741 Rockport Court, spoke in favor of the variance.
MOTION by Councilman Minozzi to DENY PETITION V-04-07. Second by Vice-Chair Kelber. Motion carried 7-0.
(G) DISCUSSION – Appointments of Boards and Committees.
This item was deferred to the June 21, 2004 meeting.
(E) ORDINANCE – First Reading – An Ordinance to Amend Maximum Pool Deck Elevations.
(Editorial History: 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.)
Mr. Moss read, by title only, the Ordinance to Amend Maximum Pool Deck Elevations.
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Public Comment
Mr. Herb Savage, 816 Elkcam Circle, reminded Council of the restrictions that were in place when Deltona developed the Island.
MOTION by Councilman Tucker to ADOPT ON FIRST READING THE ORDINANCE TO AMEND THE MAXIMUM POOL DECK ELEVATIONS. Second by Vice-Chair Kelber. Motion carried 7-0.
(F) ORDINANCE – First Reading – An Ordinance to Amend Existing Seawall Regulations.
(Editorial History: 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.)
Mr. Moss read, by title only, the Ordinance to Amend Existing Seawall Regulations. There was no public comment.
MOTION by Councilman Tucker to ADOPT ON FIRST READING THE ORDINANCE TO AMEND EXISTING SEAWALL REGULATIONS. Second by Councilman Minozzi. Motion carried 7-0.
(H) DISCUSSION – City Manager Performance Evaluation.
This item was deferred to the June 21, 2004 meeting.
COUNCIL COMMUNICATIONS
Councilman Arceri questioned the disposition status of the debris/concrete located on the north side of the Judge Jolley Bridge.
Councilman Arceri commented on the major blackouts in the past two weeks and questioned whether LCEC is communicating with the City regarding the cause of the outages.
Councilwoman Patterson suggested a joint workshop with the School Board and the Planning Board to review the long-term educational facility plans.
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Chairwoman DiSciullo read a letter from Commissioner Donna Fiala requesting feedback on duel membership on Committees.
FUTURE AGENDA
Councilman Tucker questioned whether over-night parking in swales should be prohibited and suggested Council discussion on the matter.
Councilman Arceri and Councilman Minozzi requested a Resolution for "Freedom Month" as proposed by Collier County Commissioners.
PUBLIC COMMENT
Dr. Fay Biles, 1558 Heights Court, questioned whether Code Enforcement handles overgrown weeds in the seawall.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 8:58 p.m.
__________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
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PREPARED BY:
Susan Patton, Council Secretary
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