City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting August 6, 2001 6:00 p.m.

Chairman Tucker called the meeting to order and presided.

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

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Thomas McCully New Life Community Church

APPROVAL OF AGENDA

Chairman Tucker requested that item 6(B) be changed to a discussion item rather than a First Reading of an Ordinance and moved to follow 6(C).

MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA AMENDED TO MOVE ITEM 6(B) TO FOLLOW 6(C) AND CHANGE TO A DISCUSSION ITEM. Second by Councilman Cowin. Motion carried 5-0.

(A) Council Minutes for July 16, 2001 (Workshop Meeting.)

MOTION by Councilman Cowin to APPROVE THE JULY 16, 2001 MINUTES (WORKSHOP MEETING.) Second by Vice-Chair Minozzi. Motion carried 5-0.

City of Marco Island

City Council Minutes for August 6, 2001

(B) Council Minutes for July 16, 2001 (Regular Meeting.)

MOTION by Councilman Pettersen to APPROVE THE MINUTES FOR JULY 16, 2001 (REGULAR MEETING.) Second by Councilman Boyce. Motion carried 5-0.

(A) Report from Community Development Director Greg Niles.

Mr. Greg Niles presented to Council an overview of activities in the Community Development Department including: status of 1^st year Comprehensive Plan activities; status of Land Development Code Amendments; and an update on new Florida Building Code.

City Council expressed their appreciation for the outstanding efforts of the Community Development Department.

(A) ORDINANCE First Reading An Ordinance to Establish Residential Single Family District Standards.

(Editorial History: Presented for consideration on first reading is an ordinance to establish residential single family (RSF) zoning district standards. The ordinance describes permitted, accessory, and conditional uses; minimum dimensional standards; supplemental standards and regulations; and architectural and site design guidelines. The proposed ordinance strives to maintain consistency with the residential regulations in the LDC, but with recommended changes and additions to further enhance and protect the residential character of the Island.)

Mr. Moss read, by title only, the proposed RSF (Residential Single Family) Zoning District Standards.

Council members discussed adopting a version of the ordinance to be consistent with existing deed restrictions versus adopting an ordinance which does not mirror existing deed restrictions. Some Council members questioned whether the current language is subjective enough.

City of Marco Island

City Council Minutes for August 6, 2001

MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY DISTRICT STANDARDS WITH THE AUGUST 1, 2001 DRAFT OF PAGE 3. Second by Vice-Chair Minozzi. Motion failed 3-2. (Chairman Tucker, Councilman Cowin and Councilman Boyce opposed.)

Dr. Carolyn Katchmar expressed concern about weekly rentals and the danger they present to neighborhood children. (Editors Note: Council members agreed to schedule a discussion on weekly rentals at a future meeting.)

Mr. Mario Curiale, 820 Eubanks Court, questioned the zoning regulations.

Mr. Sal Sciarrino, 911 Montego Court, expressed concern about weekly rentals, car & garage sales, trees and rocks in the swale, and debris from construction sites going into the canals.

MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH RESIDENTIAL SINGLE FAMILY DISTRICT STANDARDS WITH THE JULY 31, 2001 DRAFT COVERING PAGES 1 & 2. Second by Councilman Cowin. Motion failed 3-2. (Chairman Tucker and Vice-Chair Minozzi opposed.)

Following discussion, council members agreed to address individual concerns regarding the ordinance to Staff.

(C) ORDINANCE & RESOLUTION First Reading An Ordinance Placing Tobacco Products Behind the Counter.

(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.)

MOTION by Councilman Boyce to TAKE NO FURTHER ACTION ON THIS MATTER. Second by Councilman Cowin. Motion failed 3-2. (Vice-Chair Minozzi and Councilman Pettersen opposed.)

MOTION by Vice-Chair Minozzi to DIRECT STAFF TO PREPARE AN ORDINANCE FOR COUNCILS CONSIDERATION THAT MIRRORS THE COUNTY ORDINANCE. Second by Councilman Pettersen. Motion carried 4-1. (Chairman Tucker opposed.)

City of Marco Island

City Council Minutes for August 6, 2001

(B) DISCUSSION An Ordinance to Establish City of Marco Island Noise Control Ordinance.

(Editorial History: With rare exception, municipalities include provisions in their codes to prevent excessive noises that may degrade the quality of life and disturb the public peace. While the Collier County Code does contain a noise control ordinance, it is recommended that the City adopt its own code.)

Council members directed questions and suggestions to staff regarding the proposed Noise Ordinance.

MOTION by Councilman Pettersen to DIRECT THE CITY MANAGER TO PREPARE A NOISE CONTROL ORDINANCE FOR COUNCILS CONSIDERATION. Second by Vice-Chair Minozzi. Motion carried 5-0.

Mr. Walter Jaskiewicz, 427 S. Barfield, expressed concern about transient vacationers and suggested that owners of rental properties be held responsible for any fines.

Recess: 7:50 p.m. to 8:04 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(D) DISCUSSION Regulating Time of Sale of Alcoholic Beverages.

(Editorial History: On July 16, 2001 Councilman Cowin asked that the time for sale of alcoholic beverages (closing hours) be placed on a future agenda for discussion. Chapter 562.14(1), F.S. regulates the time for sale of alcoholic and intoxicating beverages as follows: “Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. This section shall not apply to railroads selling only to passengers for consumption on railroad cars.”)

Councilman Cowin stated that it was not his intent to propose legislation to restrict liquor sales earlier than 2:00 a.m., but his purpose was to draw attention to a drug problem that exists at a local establishment on the Island.

MOTION by Councilman Cowin to DEFER ITEM 6(D) TO A FUTURE DATE. Second by Councilman Pettersen. Motion carried 5-0.

City of Marco Island

City Council Minutes for August 6, 2001

Mr. Sal Sciarrino, 911 Montego Court, commented that bad people exist in all communities.

(E) DISCUSSION Post Disaster Redevelopment Plan and Associated Build-back Policies.

(Editorial History: As with all coastal comprehensive plans, the Department of Community Affairs (DCA) was extremely concerned with the issue of post-disaster redevelopment when reviewing the Citys plan. To address DCAs concerns the City committed to developing a redevelopment plan this year. Staff has utilized the current Collier County ordinance as a format guide, and to ensure compatibility between the jurisdictions. The draft ordinance establishes policies and procedures for redevelopment in the aftermath of a significant disaster event. This language allows for the reconstruction of all structures, including non-conforming structures, pursuant to review criteria.)

Council members directed questions and suggestions to staff regarding the proposed ordinance and agreed that staff should prepare an ordinance for Councils consideration.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilman Minozzi expressed concern about the unsightly condition of the medians on SR 951 from SR 41 to Marco Island. He would like to pursue funding for improvements to the median from the Isle of Capri road to the Jolley Bridge and feels that the City should be pro-active in this area.

Councilman Minozzi requested that the sign variance request that was deferred be brought back before the six month limitation.

Councilman Minozzi recommends that accounting methods be changed for capital projects that cover two or more fiscal years.

Councilman Minozzi updated Council on the status of the expansion of the Jolley Bridge by the Metropolitan Planning Organization. He advised Council that only two projects involving Marco Island are on the Collier County 25-year Plan.

MOTION by Councilman Cowin to RECONSIDER COUNCILS ACTION REGARDING PETITION V-01-07 TAKEN AT THE JULY 16, 2001 MEETING. Second by Councilman Pettersen. Motion carried 4-1.

(Chairman Tucker opposed)

City of Marco Island

City Council Minutes for August 6, 2001

Councilman Cowin requested addressing flood concerns for Century Drive and 6^th Avenue and that this should be considered as an emergency situation.

Councilman Minozzi requested an item on a report for teen night from YMCAs Program Director, Jeremy Hurd.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Sal Sciarrino, 911 Montego Court, questioned the status of the $5 million that is paid to the Collier County Sheriffs Department.

Mr. James Curran, 590 Club Marco Circle, commented that the teen nights being held at the YMCA are a great success.

There being no further business to come before City Council the meeting adjourned at 8:45 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for August 6, 2001

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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, Secretary

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