THE CITY OF MARCO ISLAND
MINUTES
City Council Special-Called Meeting September 10, 2001 6:00 p.m.
Chairman Tucker called the meeting to order; Vice-Chairman Minozzi presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Ken Cuyler, City Attorney
Greg Urbancic, City Attorney
K. Greg Niles, Community Development Director
Laura Litzan, Deputy City Clerk
Interested citizens and visitors
BUSINESS
(A) PUBLIC HEARING - City Council, acting as the Board of Zoning Appeals, will consider appeals filed by Edmond E. Koester, Esq., representing the Cozumel Condominium Association, Inc., and its president, Norman E. Risen, and Gregory N. Woods, Esq., representing the Monterrey Condominium Association, Inc., with respect to the Marco Island Community Development Director s approval of the Site Development Plan (SDP-01-03) for the Belize Condominium project. The Belize condominium project is located within the Cape Marco PUD development, located at 970 S. Collier Boulevard, Marco Island, Florida.
Chairman Tucker advised City Council that he will abstain from voting on this matter because he has a conflict of interest resulting from his legal representation of Prudential Florida WCI Realty, a subsidiary of Watermark Communities, Inc. In addition, Vice-Chair Minozzi will chair the meeting instead of Chairman Tucker.
Following the ex-pate disclosure of each council member and the swearing in of witnesses by the Deputy City Clerk, Vice-Chair Minozzi reviewed the procedures that would be followed for this hearing.
Community Development Director Greg Niles summarized for Council the staff report supporting his approval of Site Development Plan for the Belize project (SDP-01-03.) (Ed. Note: Copies of the staff report, Affidavit of Publication, public hearing notification list, and the returned, undeliverable notifications are contained in the file for this meeting.)
City of Marco Island
City Council Special-Called Minutes for September 10, 2001
Page 2
Recess: 7:05 p.m. to 7:15 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
Representing the appellants, Attorney Edmond E. Koester and Attorney Gregory N. Woods, representing the Cozumel Condominium Association, Inc. and the Monterrey Condominium Association, Inc., respectively, expressed their clients opposition to the Site Development Plan for the Belize building. Several witnesses were called to testify, including Professor Heinrick Kanavis of Florida International University, Professor Julian Kossow of Stetson University College of Law, Mr. Steve Boeing of Coastal Technology Corporation, and Mr. Norm Risen, President of the Cozumel Condominium Association, Inc. (Ed. Note: Copies of the appellants position statement and exhibits are contained in the file for this meeting.)
Recess: 7:55 p.m. to 8:05 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
Representing the owner of the Belize building, Watermark Communities, Inc. (WCI), Attorney Eugene Stearns reviewed for Council his client s position in support of the approval of the Belize Site Development Plan. Witnesses testifying included Mr. Bob Mulhere, former Director of Planning Services for Collier County and Mr. Albert Muscto, President of Watermark Communities, Inc.
Recess: 9:15 p.m. to 9:20 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
Following the cross-examination of Mr. Greg Niles by Attorney Edmond Koester, rebuttals to prior testimony were presented by Mr. Niles, Attorney Koester, and Attorney Eugene Stearns.
Recess: 10:06 p.m. to 10:15 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
PUBLIC COMMENT
Speaking in opposition to the approval of the Site Development Plan:
Mr. Glenn DuBrucq, 980 Cape Marco Drive, Unit #1306
Mr. Eliot Huxley, 980 Cape Marco Drive, Unit #401
Ms. Marie Segarra, 980 Cape Marco Drive, Unit #1004
Dr. Sylvia Arroyo, 980 Cape Marco Drive, #1004
Mr. Dave Ott, 960 Cape Marco Drive, No unit number listed
Mr. Jack Reilly, 960 Cape Marco Drive, Unit #1303
Mr. Tom Talbot, 960 Cape Marco Drive, Unit 2306
Dr. Fay Biles, 1588 Heights Court, (representing the Marco Island Taxpayers Association)
City of Marco Island
City Council Special-Called Minutes for September 10, 2001
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Mr. Jerry Cooper, 980 Cape Marco Drive, Unit PH-2
Mrs. Eleanor Cooper, 980 Cape Marco Drive, Unit PH-2
Mr. Dennis Sipe, 980 Cape Marco Drive, Unit 901
Mr. George Grudich, 960 Cape Marco Drive, no unit number listed
Mr. Ralph Madonna, 980 Cape Marco Drive, Unit 1006
Mrs. Dorrie Madonna, 980 Cape Marco Drive, Unit 1006
Mr. Bill Haney, 960 Cape Marco Drive, Unit 1106
Mr. Norm Risen, 960 Cape Marco Drive, Unit 1302
Mr. Herb Savage, 816 W. Elkcam Circle
Mr. James Moyer, 960 Cape Marco Drive, Unit 1002
Final remarks were presented following public comment. Attorney Stearns stated his objection to the testimony of the appellants witnesses, Professor Julian Kossow and Mr. Steve Boeing. Attorney Koester stated his objection to the testimony of Mr. Bob Mulhere and Attorney Stearns citations as presented.
MOTION by Councilman Pettersen to AFFIRM THE DECISION APPROVING SDP-01-03 WITHOUT CONDITIONS. Second by Councilman Boyce. Motion failed 3-1 (Vice-Chair Minozzi opposed, Chairman Tucker abstained) (Ed. Note: Four (4) affirmative votes are required for a motion to pass.)
MOTION by Vice-Chair Minozzi to GRANT THE APPEAL AND DENY APPROVAL OF SDP-01-03. Motion failed lack of a second.
(Ed. Note: The Approval of SDP-01-03 remains unchanged inasmuch as City Council did not take any action to the contrary.)
ADJOURN
There being further business to come before City Council the meeting adjourned at 11:25 p.m.
(signature page to follow)
City of Marco Island
City Council Special-Called Minutes for September 10, 2001
Page 4
____________________________
Michael Minozzi, Council Vice-Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
____________________________
Laura Litzan, Deputy City Clerk
Date: _______________________
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