THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting September 17, 2001 6:00 p.m.
Chairman Tucker called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
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
Bryan Milk, City Planner
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Ron Biel from Marco Lutheran Church.
APPROVAL OF AGENDA
MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 5-0.
APPROVAL OF MINUTES
(A) Council Minutes for September 5, 2001 (Regular Meeting)
MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR SEPTEMBER 5, 2001. Second by Councilman Boyce. Motion carried 5-0.
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BUSINESS
(A) ORDINANCE Second Reading & Public Hearing An Ordinance Determining and Fixing the 2001 Tax Levy and Millage Rate for the City of Marco Island.
(B) ORDINANCE Second Reading & Public Hearing An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2001 and Ending September 30, 2002.
(Editorial History: Section 200.065, Florida Statutes, provides specific procedures regarding the millage and budget approval process for all local governing authorities. This process is referred to as “TRIM”, so named from the title of that section: “Truth in Millage.” A complete timeline for budgetary approval and public hearings is delineated in this section along with specific rules of order of procedure to be used at those public hearings.)
Mr. Moss read, by title only, the Ordinance Determining and Fixing the 2001 Tax Levy and Millage Rate and the Ordinance Adopting the Final Budget for the City of Marco Island Commencing October 1, 2001 and Ending September 30, 2002. Mr. Moss announced that the tentative proposed millage rate is 1.7437, the roll-back rate is 1.2714, and the tentative millage rate of 1.7437 exceeds the roll-back rate of 1.2714 by 37.15%. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING ORDINANCE 01-12 DETERMINING AND FIXING THE 2001 TAX LEVY AND MILLAGE RATE OF 1.7437 FOR THE CITY OF MARCO ISLAND. Second by Councilman Boyce. Motion carried 5-0.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING ORDINANCE 01-13 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 FOR THE CITY OF MARCO ISLAND. Second by Vice-Chair Minozzi. Motion carried 5-0.
MOTION by Councilman Boyce to AMEND THE MOTION TO PLACE POLICE DEPARTMENT STAFF INCREASES INTO THE CONTINGENCY FUND. Second by Councilman Cowin. Motion failed 3-2. (Vice-Chair Minozzi and Councilman Pettersen opposed.)
(C) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Residential Single Family Zoning District Standards. (This item was continued from the meeting of September 5, 2001.)
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(Editorial History: On August 20, 2001 City Council adopted on first reading an Ordinance to establish new Residential Single Family (RSF) Zoning District standards and regulations. The ordinance has been corrected to provide the proper citation for the referenced Home Occupation section of City Code.)
Mr. Moss read, by title only, the Ordinance to Establish Residential Single Family Zoning District Standards. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY ZONING DISTRICT STANDARDS AMENDED TO CHANGE 3 FEET TO 4 FEET OF ALLOWABLE ENCROACHMENT OF OPEN STAIRS IN ALL REQUIRED YARDS. Second Councilman Cowin. Motion failed 3-2. (Chairman Tucker and Councilman Boyce opposed.)
MOTION by Chairman Tucker to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY ZONING DISTRICT STANDARDS AMENDED TO INCLUDE WHERE APPROPRIATE “BUT NOT REQUIRED FOR BUILDING PLAN APPROVAL.” Second by Councilman Boyce. Motion carried 5-0.
(D) ORDINANCE First Reading Budget Amendment to Fund Teen Programs.
(Editorial History: During the current fiscal year, City Council, in two separate actions, authorized specific youth programs. The amount of $7,500 was approved for La Crosse, Students Working Against Tobacco (S.W.A.T.), and basketball. Later in the year, $18,000 was approved for a summer teen program through August 2001. City Council previously approved a budget adjustment of $18,000 while committing a total of $25,300 in youth programs.)
Mr. Moss read, by title only, the Ordinance to Adopt on First Reading a Budget Amendment to Fund Teen Programs. There were no public speakers.
MOTION by Vice-Chair Minozzi to APPROVE ON FIRST READING THE ORDINANCE TO AMEND THE BUDGET TO FUND TEEN PROGRAMS AND DIRECT THE CITY MANAGER TO OBTAIN DETAILED EXPENSE REPORTS FOR MONEY ALLOCATED. Second by Councilman Pettersen. Motion carried 5-0.
(E) ORDINANCE First Reading An Ordinance to Establish New Commercial Professional (C-1) and Commercial Professional Transitional (C-1/T) District Standards.
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(Editorial History: On August 20, 2001 City Council considered, for discussion purposes only, a proposed ordinance to establish new Commercial Professional (C-1) and Commercial Professional Transitional (C-1/T) zoning district standards and regulations.)
Mr. Moss read, by title only, the Ordinance to Establish New Commercial Professional (C-1) and Commercial Professional Transitional (C-1/T) District Standards. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW COMMERCIAL PROFESSIONAL (C-1) AND COMMERCIAL PROFESSIONAL TRANSITIONAL (C-1/T) DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 5-0.
(F) ORDINANCE First Reading An Ordinance to Establish New Commercial Convenience (C-2) District Standards.
(Editorial History: On August 20, 2001 City Council considered, for discussion purposes only, a proposed ordinance to establish new Commercial Convenience (C-2) zoning district standards and regulations.)
Mr. Moss read, by title only, the Ordinance to Establish New Commercial Convenience (C-2) District Standards. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW COMMERCIAL CONVENIENCE (C-2) DISTRICT STANDARDS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(G) ORDINANCE First Reading An Ordinance to Establish New Commercial Intermediate (C-3) District Standards.
(Editorial History: On August 20, 2001 City Council considered for discussion only, a proposed ordinance to establish new Commercial Intermediate (C-3) zoning district standards and regulations. After discussing the enumerated uses contained in the ordinance, Council directed staff to identify some uses that may not be appropriate for Marco Island.)
Mr. Moss read, by title only, the Ordinance to Establish New Commercial Intermediate (C-3) District Standards. There were no public speakers.
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MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW COMMERICAL INTERMEDIATE (C-3) DISTRICT STANDARDS. Second Councilman Boyce. Motion carried 5-0.
(H) ORDINANCE First Reading An Ordinance to Establish New Conservation (CON), Public Use (P), Community Facility (CF), Golf course (GC), and Agricultural (A) District Standards.
(Editorial History: On August 20, 2001 City Council considered, for discussion purposes only, a proposed ordinance to establish new Conservation (Con), Public Use (P), Community Facility (CF), Golf Course (GC), and Agricultural (A) zoning district standards and regulations.)
Mr. Moss 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 FIRST READING THE ORDINANCE TO ESTABLISH 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.
(I) ORDINANCE First Reading Deletion of Extraneous Sections and Divisions of the Land Development Code.
(Editorial History: On August 20, 2001 City Council considered, for discussion purposes only, a proposed ordinance to delete extraneous portions of the Collier County Land Development Code. In regard to the LDC Sections to be deleted, there is no link to land use activities on Marco Island that would be impacted by their removal. Of the four Divisions to be deleted, the City has entered into an interlocal agreement with the County to insure that activities regulated by these divisions will continue to be reviewed prior to permit issuance.)
Mr. Moss read, by title only, the Ordinance for Deletion of Extraneous Sections and Divisions of the Land Development Code. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE DELETING SECTIONS AND DIVISION OF THE LAND DEVELOPMENT CODE. Second by Councilman Pettersen. Motion carried 5-0.
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(J) ORDINANCE First Reading 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. The Florida State Legislature amended Chapter 112, Florida Statutes during the 2000 session by passing into law amendments to the Florida Retirement System, which are required to be included in the City of Marco Island Firefighters Pension Plan.)
Mr. Moss read, by title only, the Ordinance Amending the City of Marco Island Firefighters Pension Plan. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE AMENDING THE FIREFIGHTERS PENSION PLAN. Second by Vice-Chair Minozzi. Motion carried 5-0.
(K) RESOLUTION Petition No. V-01-09, Rick Yacono as agent for the Maxime Club Condominium of Marco Island, is requesting a 6.0 after-the-fact variance from the required side yard setback of 15.0 feet to 9.0 feet for an existing tiki hut, located at 907 Panama Court, further described as Marco Beach Unit 10, Lots 7 and 8, Block 228, City of Marco Island, Florida.
Mr. Moss read, by title only, the Resolution relating to Petition V-01-09. Each Council member made his ex-parte disclosures. All witnesses were sworn in by the Deputy City Clerk.
Attorney Jamie Gruesel, representing Maxime Club Condominium Association, Inc., reminded Council that no objection was received on the Petitioner s request for variance and that the tiki hut is being placed in the most logical area.
MOTION by Chairman Tucker to APPROVE PETITION V-01-09. Second by Councilman Boyce. Motion carried 5-0.
(L) DISCUSSION - First Reading An Ordinance to Establish New Off-Street Parking.
(Editorial History: This ordinance will replace the current parking provisions contained in the Collier County LDC. The ordinance has been developed in a manner to encourage and facilitate opportunities for shared parking, and includes incentives/credits for innovative parking, enhance pedestrian access, and bicycle facilities. Most of the current required parking ratios have been retained, with the exception of decreasing the threshold for consideration as a shopping center from 20,000 square feet to 16,000 square feet.)
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Mr. Moss read, by title only, the Ordinance to Establish New Off-Street Parking. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW OFF-STREET PARKING.
Second by Councilman Boyce. Motion carried 5-0.
(M) DISCUSSION - First Reading An Ordinance to Establish New Residential Multiple-Family 12 (RMF-12) District Standards.
(Editorial History: The proposed ordinance to establish new RMF-12 (Residential Multifamily-12) zoning district standards and regulations incorporates most of the current LDC uses and dimensional standards, and has been revised in conjunction with recommendations from the Planning Board.)
Mr. Moss read, by title only, the Ordinance to Establish New Residential Multiple Family 12 (RMF-12) District Standards. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW RESIDENTIAL MULTIPLE-FAMILY 12 (RMF-12) DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 5-0.
(N) DISCUSSION - First Reading An Ordinance to Establish New Residential Multiple-Family 16 (RMF-16) District Standards.
(Editorial History: The proposed ordinance to establish new RMF-16 (Residential Multifamily-16) zoning district standards and regulations incorporates most of the current LDC uses and dimensional standards, and has been revised in conjunction with recommendations from the Planning Board.)
Mr. Moss read, by title only, the Ordinance to Establish New Residential Multiple-Family 16 (RMF-16) District Standards. There were no public speakers.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW RESIDENTIAL MULTIPLE FAMILY 16 (RMF 16) DISTRICT STANDARDS. Second by Councilman Pettersen. Motion carried 5-0.
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(O) DISCUSSION - First Reading An Ordinance to Establish New Residential Tourist (RT) District Standards.
(Editorial History: The proposed ordinance to establish new RT (Residential Tourist District) zoning district standards and regulations incorporates most of the current LDC uses and dimensional standards, and has been revised in conjunction with recommendations from the Planning Board. One important change is that the maximum height has been revised to read as follows: “Ten stories or a maximum of 100 feet as measured to the mid-point of the roof.”)
Mr. Moss read, by title only, the Ordinance to Establish New Residential Tourist (RT) District Standards. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW RESIDENTIAL TOURIST (RT) DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 5-0.
(P) DISCUSSION Alcohol Beverage Ordinance
(Editorial History: On August 6, 2001 City Council discussed the need to establish alcoholic beverage regulations, including the hours during which sales, consumption, and service are prohibited. City Council was advised that Florida Statutes prohibit the sale of alcoholic beverages between the hours of 12:00 midnight and 7:00 a.m. unless otherwise designated by a county or municipality. City Council agreed to defer consideration of alcoholic beverage regulations to a future date.)
PUBLIC COMMENT
John Fortune from Fortune s Steak and Seafood questioned the Ordinance.
MOTION by Councilman Pettersen to DIRECT THE CITY MANAGER TO PRESENT THE ORDINANCE FOR COUNCIL CONSIDERATION AT THE NEXT MEETING. Second by Councilman Cowin. Motion carried 4-1. (Chairman Tucker opposed.)
(Q) DISCUSSION Charter Amendments.
(Editorial History: The purpose of this agenda item is to determine whether and when City Council would like to meet in a workshop session to discuss proposed amendments to the City Charter for consideration by the electorate at the regular election in March 2002.)
Following discussion, Council agreed not to revise the Charter at this time.
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PUBLIC COMMENT
Ms. Fay Biles, 1588 Heights Court, suggested that “emergency” purchases need to be clarified in the City Charter.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Cowin suggested that Council reconsider overruling the City Attorney s opinion and exclude capital projects from the 3% cap.
FUTURE AGENDA
Councilman Pettersen requested that the Noise Ordinance be brought back for Council s consideration. (Editor s Note: This item will appear on the October 15, 2001 meeting agenda.)
Vice-Chair Minozzi requested that Council reconsider appointing another member to fill the vacancy on City Council. Following discussion, Council agreed to reopen the application process and follow the same procedures for selecting a replacement. (Editor s Note: This item will appear on the October 15, 2001 meeting agenda.)
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. William Tripp, 261 S. Collier Boulevard, commented that he feels the Resort Building sign should be considered a historical sign.
Mr. Bob Dyer, 1841 Honduras, commented that he approved of the gift to the YMCA from Massachusetts Mutual and that grants should be eliminated from the charter at the next election.
ADJOURN
There being no further business to come before City Council the meeting adjourned at 7:56 p.m.
(signature page to follow)
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___________________________
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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