THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting October 1, 2001 6:00 p.m.
Chairman Tucker called the meeting to order and presided.
ROLL CALL
All Present
Also Present: Ken Cuyler, City Attorney
Greg Niles, Community Development Director
Ladd Ryziw, Public Works Director
Laura Litzan, Deputy City Clerk
Roger Reinke, Police Chief
Mike Murphy, Fire Chief
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: K. Greg Niles Community Development Director.
APPROVAL OF AGENDA
MOTION by Chairman Tucker to APPROVE THE AGENDA, AMENDED TO INCLUDE AN ITEM ON THE UPCOMING “DAY OF REMEMBERANCE” MARCH ON OCTOBER 6, 2001. Second by Councilman Boyce. Motion carried 5-0.
APPROVAL OF MINUTES
(A) Council Minutes for September 10, 2001 (Special-Called Meeting)
MOTION by Councilman Boyce to APPROVE THE MINUTES FOR SEPTEMBER 10, 2001. Second by Vice-Chair Minozzi. Motion carried 5-0.
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(B) Council Minutes for September 17, 2001 (Regular Meeting).
MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR SEPTEMBER 17, 2001. Second by Chairman Tucker. Motion carried 5-0.
(C) “Day of Remembrance” March.
Community Development Director K. Greg Niles informed City Council of the “Day of Remembrance” scheduled on October 6, 2001. The event will include a march and a gathering at Mackle Park where a proclamation will be presented to the citizens of Marco Island from the City.
Mr. David Rice, 184 Stillwater, expressed his thanks to City Council and City Staff for their assistance with the event.
BUSINESS
(A) ORDINANCE Second Reading & Public Hearing An Ordinance Regulating Merchandising of Tobacco Products.
(Editorial History: On July 16, 2001 representatives of the Students Working Against Tobacco (SWAT) asked City Council to adopt an ordinance to require all tobacco transactions in retail stores to be vendor assisted. On August 6, 2001 City Council directed the preparation of a City ordinance that mirrored an ordinance adopted by Collier County. The ordinance was presented and adopted on first reading by City Council on August 20, 2001.)
Mr. Niles read, by title only, the Ordinance Regulating Merchandising of Tobacco Products. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE REGULATING THE MERCHANDISING OF TOBACCO PRODUCTS IN THE CITY OF MARCO ISLAND. Second by Councilman Pettersen. Motion carried 5-0.
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(B) ORDINANCE Second Reading & Public Hearing Post-disaster Redevelopment Plan and Associated Build-back Policies.
(Editorial History: On August 20, 2001 City Council approved first reading of the Ordinance establishing a City of Marco Island Post-disaster Redevelopment Plan and associated build-back policies. In response to a question raised at the meeting, staff has reviewed the ordinance and found that the language contained in pertinent sections provides City Council with sufficient discretion to reasonably assess and manage redevelopment activities in the aftermath of a significant disaster event.)
Mr. Niles read, by title only, the Ordinance Establishing a Post-disaster Redevelopment Plan and Associated Build-back Policies. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE ESTABLISHING THE CITY OF MARCO ISLAND POST-DISASTER REDEVELOPMENT PLAN. Second by Vice-Chair Minozzi. Motion carried 5-0.
(C) ORDINANCE Second Reading & Public Hearing Budget Amendment to Fund Teen Programs.
(Editorial History: On August 20, 2001 City Council appeared to reach a consensus to continue funding of the summer teen night program through the month of September. The YMCA agreed to conduct sessions through September for the estimated cost of $8,050. Because of previous commitments for youth programs and the proposed extension of the summer teen program, the Recreation Division budget should be adjusted through a budget adjustment.)
Mr. Niles read, by title only, the Budget Amendment to Fund Teen Programs.
There were no public speakers.
In response to a prior directive, Public Works Director Vladimir Ryziw provided Council with an expense report from the YMCA.
MOTION by Chairman Tucker to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001. Second by Councilman Boyce. Motion carried 5-0.
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(D) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish New Commercial Professional (C-1) and Commercial Professional Transitional (C-1/T) District Standards.
(Editorial History: On September 17, 2001 City Council adopted on first reading an ordinance to establish new Commercial Professional (C-1) and Commercial Professional Transitional (C-1/T) zoning district standards and regulations. City Council adopted the ordinance as presented, with no further changes requested.)
Mr. Niles read, by title only, the Ordinance to Establish New Professional (C-1) and Commercial Professional Transitional (C-1/T) District Standards. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW PROFESSIONAL (C-1) AND COMMERCIAL PROFESSIONAL TRANSITIONAL (C-1/T) DISTRICT STANDARDS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(E) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish
Commercial Convenience (C-2) District Standards.
(Editorial History: On September 17, 2001 City Council adopted on first reading an ordinance to establish new Commercial Convenience (C-2) zoning district standards and regulations. City Council adopted the ordinance as presented, with no further changes requested.)
Mr. Niles read, by title only, the Ordinance to Establish Commercial Convenience (C-2) District Standards. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH COMMERCIAL CONVENIENCE (C-2) DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 5-0.
(F) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Commercial Intermediate (C-3) District Standards.
(Editorial History: On September 17, 2001 City Council adopted on first reading an ordinance to establish new Commercial Intermediate (C-3) zoning district standards and regulations. City Council requested staff review the uses contained in the ordinance to ensure gambling was not permitted, but that activities such as lottery ticket sales and Bingo could continue.)
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Mr. Niles read, by title only, the Ordinance to Establish Commercial Intermediate (C-3) District Standards. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW COMMERCIAL INTERMEDIATE (C-3) DISTRICT STANDARDS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(G) ORDINANCE Second Reading & Public Hearing - An Ordinance to Establish New Conservation (CON), Public Use (P), Community Facility (CF), Golf Course (GC), and Agricultural (A) District Standards.
(Editorial History: On September 17, 2001 City Council adopted on first reading an ordinance to establish new Conservation (Con), Public Use (P), Community Facility (CF), Golf Course (GC), and Agricultural (A) zoning district standards and regulations. City Council adopted the ordinance as presented, with no further changes requested.)
Mr. Niles read, by title only, the Ordinance to Establish New Conservation (CON), Public Use (P), Community Facility (CF), Golf Course (GC), and Agricultural (A) District Standards. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTBLISH NEW CONSERVATION (CON), PUBLIC USE (P), COMMUNITY FACILITY (CF), GOLF COURSE (GC), AND AGRICULTURAL (A) DISTRICT STANDARDS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(H) ORDINANCE Second Reading & Public Hearing Deletion of Extraneous Sections and Divisions of the Land Development Code.
(Editorial History: On September 17, 2001 City Council adopted on first reading an ordinance to delete extraneous Sections and Divisions of the Land Development Code. After a brief discussion with staff City Council adopted the ordinance as presented, with no further changes requested.)
Mr. Niles read, by title only, the Ordinance Deleting Extraneous Sections and Divisions of the Land Development Code. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE DELETING SECTIONS AND DIVISIONS OF THE LAND DEVELOPMENT CODE. Second by Councilman Boyce. Motion carried 5-0.
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(I) ORDINANCE Second Reading & Public Hearing An Ordinance Amending the City of Marco Island Firefighters Pension Plan.
(Editorial History: 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. City Council adopted the ordinance on first reading on September 17, 2001.)
Mr. Niles read, by title only, the Ordinance Amending the City of Marco Island Firefighters Pension Plan. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE CITY OF MARCO ISLAND FIREFIGHTERS PENSION PLAN. Second by Vice-Chair Minozzi. Motion carried 5-0.
(J) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Parking Regulations.
(Editorial History: On September 17, 2001, City Council adopted, on first reading, an ordinance to establish new parking and loading standards and regulations. Staff has noted two items that required clarification prior to second reading. The changes have been incorporated into the ordinance.)
Mr. Niles read, by title only, the Ordinance to Establish Parking Regulations. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH PARKING REGULATIONS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(K) ORDINANCE First Reading An Ordinance to Establish Alcoholic Beverage Regulations.
(Editorial History: On September 17, 2001 City Council discussed a draft of Alcoholic Beverage Regulations. The proposed ordinance allows for the sale of alcoholic beverages between the hours of 7:00 am to 12:00 midnight. It provides for the issuance of a permit to allow State Licensed establishments to sell alcoholic beverages between 12:00 midnight and 2:00 am. The net effect of this ordinance allows for alcoholic beverage establishments, with the proper permit, to sell alcoholic beverages during the same hours permitted by the Collier County code. The permitting procedure will provide City Council the opportunity to suspend or revoke the permit, or condition the continuation of the permit, based upon negative impacts of the establishment in the community.)
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Mr. Niles read, by title only, the Ordinance to Establish Alcoholic Beverage Regulations.
PUBLIC COMMENT
Those speaking against the Ordinance:
Mr. James Karl, owner of Bombay Club & Reflections;
Mr. Frank Kerr, 842 Chestnut Court;
Mr. Herb Savage, 816 W. Elkcam;
Ms. Carol Matthews, owner of Sand Bar;
Mr. Sal Sciarrino, 911 Montego Court;
Mr. Tony Ramone, owner of Crazy Flamingo and Nacho Mamas;
Mr. Al Landers, owner of Big Al s and Bimini s;
Mr. Bruce Bell, Dogwood Court.
MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH ALCOHOLIC BEVERAGE REGULATIONS AMENDED TO DELETE SECTIONS 10 & 11. Second by Councilman Cowin. Motion failed 3-2. (Chairman Tucker and Councilman Boyce opposed.)
Recess: 7:45 p.m. to 7:55 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(L) Discussion/Ordinance First Reading An Ordinance Providing for Unlimited Amendments to the Land Development Code.
(Editorial History: Section 1.19.1 of the Land Development Code limits the number of administratively initiated amendments to the Code during any twelve-month period. Currently section 1.19.1 limits this number to twelve amendments per year. Due to the number of amendments involved with the review of the LDC, staff requests that City Council adopt an ordinance to allow unlimited amendments to the Code through June of 2002. This will provide ample time to ensure the completion of the LDC review and adoption process without unnecessary delay or constraints.)
Mr. Niles read, by title only, the Ordinance Amendment to LDC Section 1.19.1 to Allow for Unlimited LDC Amendments through June, 2002. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE PROVIDING FOR UNLIMITED AMENDMENT TO THE LAND DEVELOPMENT CODE. Second by Councilman Pettersen. Motion carried 5-0.
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(M) (RESOLUTION) Public Hearing - Petition No. V-01-07.
(Editorial History: On July 16, 2001 City Council considered a request submitted by Herbert Rosser Savage, as agent for Resort Building Condominium, property owners, for a 2.17 foot variance from maximum permitted 8 foot height for a ground sign, a 5.58 foot variance from the maximum permitted 8 foot width for a ground sign, and a 126-foot variance from the maximum permitted 20
square feet of copy area for a ground sign on property located at 651 South Collier Boulevard, further described as the Resort Building Condominium, City of Marco Island.)
Mr. Niles read, by title only, the Resolution Relating to Petition V-01-07. Each
Council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.
Mr. Herbert Savage, the Petitioner, reviewed his variance request for City Council.
PUBLIC COMMENT
Those speaking in favor of the Petition:
Ms. Emily Savage, 816 W. Elkcam
Mr. Keith Pershing, Island Automotive
Those speaking against the Petition:
Mr. Bill Patterson, 813 Elm Court
Mr. Tarik Ayasun,160 Leeward Court
MOTION by Chairman Tucker to APPROVE PETITION NO. V-01-07. Motion failed for lack of a second.
MOTION by Councilman Pettersen to DENY PETITION NO. V-01-07.
Second by Vice-Chair Minozzi. Motion carried 4-1.
(N) RESOLUTION Public Hearing Petition No. V-01-08, Dun-Rite Pools, Inc.
(Editorial History: Dun-Rite Pools, Inc., as agent for Edward Ehlen, property owner, is requesting a 1.2-foot variance from the required 25-foot front yard setback for a newly constructed swimming pool and screen enclosure. The subject property is located at 1560 Twilight Way, further described as Marco Beach Unit 25, Block 784, Lot 1, Collier County, Florida and the City of Marco Island.)
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Mr. Niles read, the Resolution relating to V-01-08 by title only. Each Council member made his ex-parte disclosure. There were no public speakers.
MOTION by Councilman Boyce to APPROVE PETITION V-01-08.
Second by Councilman Pettersen. Motion carried 5-0.
(O) RESOLUTION Public Hearing Petition No. V-01-11.
(Editorial History: Jerry Neal, as agent for John M. and Claire M. Buete, property owners, requesting a 7.5-foot variance from the required 7.5-foot riparian line setback for boat docking facilities. The subject property is located at 875 Caxambas Drive, which is further described as Marco Beach Unit 13, Block 403, Lot 28, Collier County, Florida and the City of Marco Island.)
Mr. Niles read the Resolution relating to Petition V-01-11 by title only. Each Council member made his ex-parte disclosure. There were no Public Speakers.
MOTION by Chairman Tucker to APPROVE PETITION V-01-11. Second by Vice-Chair Minozzi. Motion carried 5-0.
(P) RESOLUTION Public Hearing Petition No. V-01-12.
(Editorial History: Dan Dufault Jr., representing Ronald J. and Cynthia Rutkowski, property owners, requesting a 1.9-foot variance from the required 8-foot side yard setback for a single-family residence on property located at 300 Rookery Court, further described as Marco Beach Unit 3, Block 82, Lot 20, City of Marco Island.)
Mr. Niles read the Resolution relating to petition V-01-12 by title only. Each Council member made his ex-parte disclosure.
Mr. Dan Dufault Jr., representing the Petitioner, responded to Council questions.
MOTION by Councilman Pettersen to APPROVE PETITION V-01-12. Second by Councilman Boyce. Motion carried 5-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Vice-Chair Minozzi expressed concern regarding comments appearing in the newspaper about a Council member s comments concerning not voting for prospective candidates for the Council seat.
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FUTURE AGENDA
Council discussed the proposed content of material to be presented at the next meeting.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Bob Dyer, 1841 Honduras, expressed objection to comments in the newspaper relating to a Council member s statement objecting to potential candidates.
Mr. Sal Sciarrino, 911 Montego Court, expressed concern about palms planted in swales and interfering with power lines.
ADJOURN
There being no further business to come before City Council the meeting adjourned at 8:50 p.m.
___________________________
E. Glenn Tucker, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
____________________________
Liz Carr, Council Secretary
Date: _______________________
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