City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting September 5, 2001 6:00 p.m.

Chairman Tucker called the meeting to order and presided.

All Present (Councilman Pettersen left the meeting at 8:40 p.m.)

(Councilman Cowin left the meeting at 9:03 p.m.)

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: City Manager A. William Moss. A moment of silence for the passing of Sandy Marzullo.

APPROVAL OF AGENDA

MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA, AMENDED TO DEFER ITEM 5(Q) TO THE SEPTEMBER 17, 2001 MEETING. Second by Councilman Boyce. Motion carried 5-0.

APPROVAL OF MINUTES

(A) Council Minutes for August 20, 2001 (Regular Meeting)

MOTION by Councilman Pettersen to APPROVE THE MINUTES FOR AUGUST 20, 2001. Second by Vice-Chair Minozzi. Motion carried 5-0.

City of Marco Island

City Council Minutes for September 5, 2001

(A) ORDINANCE First Reading & Public Hearing An Ordinance Determining and Fixing the 2001 Tax Levy and Millage Rate for the City of Marco Island.

(B) ORDINANCE First 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. Every step of this process must be certified to the Florida Department of Revenue through submittal of a TRIM Compliance Package due within 30 days of completion of this process.)

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 read, for the public record, “the tentative proposed millage rate is 1.7437. The roll-back rate is 1.2714. The tentative millage rate is 1.7437 exceeds the roll-back rate of 1.2714 by 37.15%.”

Finance Director Lisa Absher highlighted for City Council key elements of the budget; council members directed budget concerns to staff for their response.

Citizens expressing concern about increasing property taxes:

Mr. Ed Issler, 908 S. Joy Circle;

Mr. George Willis, 1281 Mimosa Court;

Ms. Helga Westald, 860 Chestnut Court;

Mr. John Lindenmeyer, 181 Post Court;

Mr. Jack Lamb, 563 Yellowbird Street; and

Mr. Ken Boston, 278 Bass Court.

MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE 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.

City of Marco Island

City Council Minutes for September 5, 2001

MOTION by Councilman Boyce to APPROVE THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002, WITH INCREASES IN POLICE DEPARTMENT PERSONNEL HELD FOR FURTHER REVIEW. Motion failed for lack of a second.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING, 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. Second by Councilman Pettersen. Motion carried 5-0.

Recess: 7:15 p.m. to 7:30 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(C) ORDINANCE Second Reading & Public Hearing PUD 01-03 Planned Unit Development.

(Editorial History: Cornerstone Real Estate Advisers, Inc. as agent for Massachusetts Mutual Life Insurance Company are requesting a rezone of the Marriott property from “RT-MIZO” to PUD (Planned Unit Development). The subject property contains approximately 39.32 acres and is located on both sides of South Collier Boulevard. The petitioners seek the PUD rezone to allow for the continued use and expansion of the hotel facility; to establish a baseline for existing and future parking requirements; and, to increase the current maximum height from 100 feet to 180 feet in conjunction with the construction of a 103 unit condominium building on the northern portion of the property.)

Mr. Moss read, by title only, PUD 01-03 Planned Unit Development. Each council member made his exparte disclosure. All witnesses were sworn in by the Deputy City Clerk.

City Attorney Ken Cuyler reminded Council that both the first and second readings of the Ordinance constitute the public hearing for this item.

Representing the Petitioner, Mr. Michael Harrison of Hines, Inc., agreed to allocate $102,800 to the YMCA for tennis courts, which is separate from the PUD documents. Mr. Harrison thanked city staff for the time they provided for the first and second readings of the PUD documents.

Mr. Bob Mulhere of RWA, Inc., explained the public benefits derived from the project and its compliance with the Land Development Code.

City of Marco Island

City Council Minutes for September 5, 2001

Mr. Bill Oliver of Tindell, Oliver and Associates, reviewed the results of the pedestrian crossing analysis and the recommendations for the continued use of the crosswalks.

Those speaking in opposition of the Petition:

Mr. William Tripp, 261 S. Collier Boulevard;

Attorney Michael Volpe, Citizens for Preservation of Marco Island Zoning;

Attorney Dave Underhill, representing the Royal Seafarer; and

Attorney Austin White, also representing the Royal Seafarer Condominium Association.

Those in favor of the Petition:

Mr. Herb Savage, 651 S. Collier; and

Mr. Bob Olson, 900 Montego Circle.

Mr. Russ Colombo, 755 Plantation Court, questioned the impact of this project on the taxpayers.

Mr. Jack Lamb, 563 Yellowbird, questioned the layout of the proposed tennis courts.

MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE CHANGING THE ZONING CLASSIFICATION FROM “RT-MIZO” TO “PUD” FOR PETITION PUD 01-03. Second by Councilman Boyce. Motion carried 5-0.

(D) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Residential Single Family Zoning District Standards.

(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, an Ordinance to Establish Residential Single Family Zoning District Standards. There was no public comment.

MOTION by Councilman Cowin to APPROVE THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY ZONING DISTRICT STANDARDS. Second by Councilman Boyce. No vote was taken.

City of Marco Island

City Council Minutes for September 5, 2001

(Editors Note: Chairman Tucker recommended the deferral of this item, inasmuch as he advised Council that he would vote against this Ordinance.)

MOTION by Chairman Tucker to DEFER THIS ITEM UNTIL THE SEPTEMBER 17, 2001 MEETING. Second by Vice-Chair Minozzi. Motion carried 4-0. (Councilman Pettersen absent.)

(E) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish

City of Marco Island Noise Control.

(Editorial History: On August 6, 2001 City Council reviewed and discussed a proposed noise control ordinance. The ordinance was considered and adopted on first reading on August 20, 2001.)

Mr. Moss read, by title only, an Ordinance to Establish City of Marco Island Noise Control.

MOTION by Vice-Chair Minozzi to ADOPT THE ORDINANCE TO ESTABLISH CITY OF MARCO ISLAND NOISE CONTROL AMENDED TO CHANGE THE TIME LIMIT TO 11:00 P.M. Motion failed for lack of a second.

Those speaking against the Ordinance:

Mr. Herb Savage, 651 S. Collier Boulevard;

Mr. Todd Tateo, 749 Plantation Court;

Mr. Bob Olson, 900 Montego Court;

Mr. Keith Pershing, resident of Marco Island;

Mr. Sal Sciarrino, 911 Montego Court;

Mrs. Ruth Diebler, resident of Marco Island;

Mr. Paul Tateo, Henderson Court, and;

Mr. Al Landers, resident of Marco Island.

MOTION by Councilman Cowin to ADOPT THE ORDINANCE ON SECOND READING TO ESTABLISH CITY OF MARCO ISLAND NOISE CONTROL AS PRESENTED. Second by Councilman Boyce. Motion failed 3-1. (Chairman Tucker opposed, Councilman Pettersen absent.)

City of Marco Island

City Council Minutes for September 5, 2001

With no quorum present, the meeting adjourned at 9:05 p.m.

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E. Glenn Tucker, Council Chairman

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A. William Moss, City Manager/City Clerk

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Liz Carr, Council Secretary

Date: _______________________