City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – December 4, 2000 – 6:00 p.m.

Chairman Cowin called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Tom Jones, Police Chief

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Father John McCard – St. Mark’s Episcopal Church

APPROVAL OF AGENDA

MOTION by Councilman Pettersen to TABLE ITEM 6(J), REQUEST FOR LEGISLATION SUPPORTING A BEVERAGE LICENSE FOR A HISTORIC STRUCTURE, UNTIL THE NEXT MEETING ON JANUARY 8, 2001. Second by Councilman Boyce. Motion carried 6-1. (Vice-Chair Schuler opposed.)

MOTION by Vice-Chair Schuler to APPROVE THE AGENDA AS AMENDED. Second by Councilman Minozzi. Motion carried 7-0.

Council Minutes for November 6, 2000 (Regular Meeting).

MOTION by Councilman Minozzi to APPROVE THE MINUTES FOR NOVEMBER 6, 2000 (REGULAR MEETING). Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 4, 2000

Council Minutes for November 13,2000 (Special Called Meeting).

MOTION by Councilman Pearson to APPROVE THE MINUTES FOR NOVEMBER 13, 2000 (SPECIAL CALLED MEETING). Second by Vice-Chair Schuler. Motion carried 7-0.

(A) Big Cypress Basin

(Editorial History: Mr. Clarence S. Tears, Jr., Director of Big Cypress Basin, requested an opportunity to provide a brief presentation to City Council.)

Mr. Moss introduced Mr. Clarence S. Tears, Jr., Director of Big Cypress Basin. Mr. Tears gave a brief history of Big Cypress Basin and it’s role in managing water drainage and conservation issues for Marco Island and surrounding communities.

(A) ORDINANCE – An Ordinance to Amend FY2001 Budget.

(Editorial History: The budget adjustment addresses two distinct and independent issues. The first issue pertains to a reduction in the total budget to comply with the Charter required expenditure limit. The second issue provides an adjustment to fund the Collier Boulevard/Winterberry Drive Intersection Improvement Project.)

Mr. Moss read, by title only, the Ordinance to Amend FY2001 Budget.

Ms. Connie Stegall-Fullmer, representing the Goodland Civic Association, urged Council not to postpone the construction of a bike path from Marco Island to Goodland.

MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO AMEND THE FY2001 BUDGET. Second by Councilman Pettersen. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 4, 2000

(B) ORDINANCE – First Reading – Petition A-00-01, Requesting an Amendment to Section 2.2.15.2 of the Land Development Code.

(Editorial History: Donald Pickworth, representing Peter Baker of Progressive Auto Center, has submitted a request for an amendment to Section 2.2.15.2.1 of the Land Development Code to include indoor air-conditioned storage as a permitted use in the C-4 General Commercial Zoning District. The amendment submittal also contained a list of specific site conditions that must be met in order for a C-4 lot to be eligible to host indoor air-conditioned storage.)

Mr. Moss read, by title only, the Ordinance Amending Section 2.2.15.2.1 of Ordinance 91-102 of the Collier County Land Development Code.

Attorney Donald Pickworth, representing the Petitioner, reviewed the merits of the petition and responded to Council questions.

Mr. David Blum, Vice-President of Operations with BMS Enterprises and President of the Florida Self Storage Association, advised Council that based upon his analysis of the market demand for storage in the area, only 400 units of air conditioned storage are being currently provided, out of a total demand of 1600 self storage units.

Citizens speaking in opposition to the petition:

Attorney Patrick Neale, representing Marco Self Storage

Attorney Fred Kramer, representing Allard Self Storage

Ron Larson, President of Smokehouse Bay Club

Dr. Fay Biles, President of Marco Island Taxpayers Association

Tom Majeau, Board of Directors for Smokehouse Bay Club

Stanley Sutphen, Director of Smokehouse Bay Club

Leslie Drake, employee of Marco Storage

Jerry Allard, Owner of Allard Self Storage

Citizens speaking in favor of the petition:

Michael O’Reagan, Owner of Irish Brogue Moving Company

Peter Baker, Petitioner and Senior Partner for Progressive Auto

Gene Tremblay, resident of Marco Island

Julie Saitta, resident and owner of property zoned C-5.

City of Marco Island

City Council Minutes for December 4, 2000

Council discussion followed public comment. Some council members expressed concern regarding the likelihood that the proposed change will actually benefit the community, or that increased storage is in demand.

MOTION by Councilman Pearson to ADOPT ON FIRST READING THE ORDINANCE AMENDING SECTION 2.2.15.2.1 OF ORDINANCE NUMBER 91-102, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. Second by Councilman Minozzi. Motion failed 5-2. (Chairman Cowin, Vice-Chair Schuler, Councilman Tucker, Councilman Boyce, Councilman Pettersen opposed.)

(Editor’s Note: Following the break, the attorney for the Petitioner requested that Council reconsider hearing this petition at a second hearing. The majority of the council members agreed to allow a second hearing on the matter at the next regular Council meeting, scheduled for January 8, 2001.)

Recess: 7:50 p.m. to 8:00 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(C) RESOLUTION – Public Hearing – Petition V-2000-07, Custom Dock & Repair, Inc., Requesting a 12-Foot Variance.

(Editorial History: Lisa Smith of Custom Dock & Repair, Inc., representing property owner, Thomas Rentz, is requesting a 12-foot variance from the required 12 foot riparian line setback for a boat docking facility.)

Mr. Moss read, by title only, the Resolution relating to Petition V-2000-07. Each council member made his or her ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

MOTION by Councilman Tucker to APPROVE THE RESOLUTION RELATING TO PETITION V-2000-07. Second by Councilman Boyce. Motion passed 6-1. (Councilman Pettersen opposed.)

(D) RESOLUTION - Public Hearing – Petition V-2000-08, Custom Dock & Repair Inc., Requesting a 5-Foot After-the-Fact Variance.

(Editorial History: Lisa Smith of Custom Dock & Repair, Inc., representing property owner Carol H. Hutchinson, is requesting a 5-foot after the fact variance from the required 7.5 foot riparian line setback for a boat docking facility.)

Mr. Moss read, by title only, the Resolution relating to Petition V-2000-08. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

City of Marco Island

City Council Minutes for December 4, 2000

MOTION by Councilman Boyce to APPROVE THE RESOLUTION RELATING TO PETITION V-2000-08. Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

(E) RESOLUTION - Public Hearing – Petition V-2000-10, Custom Dock & Repair Inc., Requesting an 11-Foot Variance.

(Editorial History: Lisa Smith of Custom Dock & Repair, Inc., representing Islander Cove Condominium, is requesting an 11-foot variance from the required 15-foot side yard setback for a boat docking facility.)

Mr. Moss read, by title only, the Resolution relating to Petition V-2000-10. Each council member made his or her ex-parte disclosures. All witnesses were sworn in by the Deputy City Clerk.

Ms. Lisa Smith and Mr. Stan Higgins, representing the Petitioner reviewed the merits of the Petition and responded to Council questions.

MOTION by Councilman Boyce to CONTINUE THE RESOLUTION RELATING TO V-2000-10 UNTIL THE MEETING OF JANUARY 8, 2001. Second by Councilman Tucker. Motion carried 7-0.

(F) RESOLUTION - Public Hearing – Petition V-2000-13, Mr. Ray Harris, Requesting a 3-Foot Variance.

(Editorial History: Mr. Ray Harris, representing property owner, Charles Krause, is requesting a 3-foot variance from the required 25-foot front yard setback for the construction of a single-family residence.)

Mr. Moss read, by title only, the Resolution relating to Petition V-2000-13. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

MOTION by Councilman Tucker to APPROVE THE RESOLUTION RELATING TO PETITION V-2000-13. Second by Councilman Minozzi. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 4, 2000

(G) RESOLUTION - Public Hearing – Petition CU-00-02, Conditional Use.

(Editorial History: Mr. Joseph McHarris of McHarris Planning and Design, as agent for Marco-Destin, is requesting conditional use approval in order to provide bike rentals at their current retail store located on South Collier Blvd. The subject properties are zoned C-3 MIZO and are within the Collier Boulevard Tourist Sub-District and are developed with 11,529 SF of retail stores, Wings and Beach Plaza. As bicycle rental is not a permitted use in the C-3 District, the applicant must receive conditional use approval from Council.)

Mr. Moss read, by title only, the Resolution relating to Petition CU-00-02. All witnesses were sworn in by the Deputy City Clerk.

Mr. Patrick Neale, representing Scooterville Inc., expressed his clients opposition.

Mr. Joe McHarris of McHarris Planning & Design reviewed for Council the merits of the petition and responded to Council’s questions.

MOTION by Councilman Minozzi to APPROVE THE RESOLUTION RELATNG TO PETITION CU-00-02. Second by Vice-Chair Schuler. Motion carried 4-3. (Councilman Pettersen, Councilman Pearson, Councilman Tucker opposed.)

(H) RESOLUTION - Public Hearing – Petition CU-00-04, Conditional Use.

(Editorial History: Mr. William Lewis of WHL Architects and Associates as agent for WD Development LLP, is requesting conditional use approval in order to develop a mixed-use project with 36 multi-family residential units and 12,000 SF of office commercial space on two C-3 lots located on San Marco Road, which is in the Barfield Commercial Sub-District. The subject property, Marco Beach Unit 5, Block 147, Lots 2 and 3, is zoned C-3 MIZO.)

Mr. Moss read, by title only, the Resolution relating to Petition CU-00-04. Each council member made his or her ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

City of Marco Island

City Council Minutes for December 4, 2000

Mr. William Lewis, representing the Petitioner, reviewed the merits of the petition and responded to Council’s questions.

Mr. Eric Phillips, an adjacent property owner, expressed concern regarding disruptions caused by construction. He requested that the 15-foot buffer be constructed at the beginning of the project for his privacy. Mr. Lewis agreed to complete the buffer prior to the issuance of the first certificate of occupancy.

Ms. Shelly Connolly, an adjacent property owner, expressed concern about the placement of the garbage dumpsters and possible modifications to the landscape buffer to address anticipated light and noise problems. Community Development Director Greg Niles assured her that both issues will be addressed by the Petitioner.

MOTION by Vice-Chair Schuler to APPROVE THE RESOLUTION RELATING TO PETITION CU-00-04. Second by Councilman Pearson. Motion carried 7-0.

(I) DISCUSSION - Establishment of Teen Programs.

(Editorial History: At the City Council meeting of November 6, 2000, Council recommended that the Parks and Recreation Advisory Committee assign a Special Task Force to expand teen programs currently offered by the YMCA and submit a recommendation to City Council at the December 4, 2000 meeting.)

Mr. Moss summarized the report submitted by the Special Task Force and offered their recommendations to Council.

Mr. Bob Ayling, Task Force Chairman, advised Council that programs for teenagers are seriously lacking and this need should be addressed.

MOTION by Councilman Pettersen to APPROVE AND ADOPT THE FOUR RECOMMENDATIONS OF THE TASK FORCE: 1) APPROVE FUNDING OF THE SWAT, LACROSSE AND BASKETBALL PROGRAMS; 2) POSTPONE ADOPTION OF OTHER PROGRAMS PENDING FURTHER ANALYSIS; 3) MANAGEMENT REVIEW OF THE YMCA CONTRACT; 4) COUNCIL APPROVAL OF A BLUE RIBBON COMMITTEE ON TEEN AFFAIRS. Second by Vice-Chair Schuler. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 4, 2000

(J) DISCUSSION – Request for Legislation Supporting a Beverage License for a Historic Structure – Marek’s Restaurant.

This item was tabled at the beginning of the meeting until January 8, 2001.

(K) DISCUSSION – Charter Revision.

(Editorial History: On November 14, 2000, Chairman Cowin distributed a memorandum proposing that the City Manager be directed to establish a Charter Commission for the purpose of creating a new City Charter for Council approval.)

Mr. Art Segal, 1519 Galleon Avenue, questioned why it is necessary to review the entire Charter, and instead address the 3% cap, which is of immediate importance, and review the entire Charter later.

Ms. Jo Ann Sanborn, former member of the Charter Review Committee, urged Council to use the work completed by the first Committee as a starting point.

Mr. Monte Lazarus, Chairman of the former Charter Review Committee, urged the Council to have a referendum on one issue, the 3% cap.

Mrs. Fay Biles, former member of the Charter Review Committee, suggested that other Charter issues are also of concern to the public.

Mr. George Lester, 260 Seaview Court, urged Council to deal with the single issue of the 3% cap alone.

Council members expressed their concerns about dealing with the 3% cap issue promptly. Some council members expressed a desire to have a referendum for the 3% cap alone; other council members expressed the desire to include more than one issue on the referendum.

MOTION by Councilman Pettersen to DIRECT THE CITY MANAGER TO FORM A COMMITTEE TO ADDRESS CHARTER ISSUES. Motion failed for lack of a second.

MOTION by Councilman Minozzi to DIRECT THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE ORIGINAL CHARTER REVIEW COMMITTEE TO ADDRESS CHARTER ISSUES. Motion failed for lack of a second.

City of Marco Island

City Council Minutes for December 4, 2000

MOTION by Councilman Pettersen to DIRECT THE CITY MANAGER TO PREPARE REFERENDUM LANGUAGE TO ADDRESS THE 3% CAP FOR COUNCIL’S APPROVAL. Second Councilman Tucker. Motion carried 7-0.

(L) DISCUSSION – City Council 2001 Schedule.

MOTION by Councilman Tucker to APPROVE CITY COUNCIL’S 2001 SCHEDULE. Second by Vice-Chair Schuler. Motion carried 7-0.

(M) DISCUSSION – Appointment to the Fire Pension Board.

MOTION by Councilman Tucker to APPOINT LAURA LITZAN TO THE FIRE PENSION BOARD FOR A TWO YEAR TERM. Second by Councilman Pearson. Motion carried 7-0.

(N) DISCUSSION – Award of Contract for Street Resurfacing.

MOTION by Vice-Chair Schuler to AWARD CONTRACT NO. 01-006 TO APAC-FLORIDA AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Second by Councilman Pettersen.

(O) DISCUSSION – Board of Zoning Appeals.

This item was deferred to the January 8, 2001 meeting.

(P) DISCUSSION – Five-Year Capital Improvement Program.

This item was deferred to the January 8, 2001 meeting.

There being no further business to come before City Council the meeting adjourned at 9:35 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for December 4, 2000

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Harry Cowin, Council Chairman

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A. William Moss, City Manager/City Clerk

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Liz Oakes, Secretary

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