THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – July 16, 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
Lt. Thom Carr, Marco Island Police Department
Mike Murphy, Fire Chief
Kelly Smith, Zoning Administrator
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Greg Niles – Community Development Director
APPROVAL OF AGENDA
Vice-Chair Minozzi requested that item 6(F) be discussed prior to item 6(A).
MOTION by Councilman Pettersen to APPROVE THE AGENDA AMENDED TO MOVE ITEM 6(F) AHEAD OF ITEM 6(A). Second by Vice-Chair Minozzi. Motion carried 5-0.
MINUTES
(A) Council Minutes for June 18, 2001 (Regular Meeting.)
MOTION by Vice-Chair Minozzi to APPROVE THE JUNE 18, 2001 MINUTES (REGULAR MEETING.) Second by Councilman Pettersen. Motion carried 5-0.
City of Marco Island
City Council Minutes for July 16, 2001
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(B) Council Minutes for July 9, 2001 (Workshop Meeting.)
MOTION by Councilman Pettersen to APPROVE THE MINUTES FOR JULY 9, 2001 (WORKSHOP MEETING.) Second by Councilman Pettersen. Motion carried 5-0.
PRESENTATIONS
(A) Report from Public Works Director, Vladimir Ryziw.
Mr. Ladd Ryziw presented to Council an overview of contract administration, status of key projects, and FY01 accomplishments of the Public Works Department.
City Council expressed their appreciation for the outstanding efforts of the Public Works Department.
(B) Employee Longevity Service Award – James Pope, 5 years.
On behalf of City Council, Mr. Moss presented Firefighter James Pope with a five-year employee longevity pin.
BUSINESS
(F) DISCUSSION – Placing Tobacco Products Behind the Counter.
(Editorial History: On June 18, 2001 Vice-Chair Minozzi requested, and City Council agreed, to schedule a discussion of establishing requirements to place tobacco products “behind the counter.”)
Mr. Jeremy Hurd, Program Director for the YMCA, requested that Council pass an ordinance to require all tobacco products be placed “behind the counter.”
Miss Paula Arubala, Coordinator for Collier County S.W.A.T./Students Working Against Tobacco, Miss Jasmine Sanchez and Miss Stephanie Hennessey expressed their commitment to stop teen smoking and the necessity of passing an ordinance.
MOTION by Vice-Chair Minozzi to DIRECT THE CITY MANAGER TO PREPARE AN ORDINANCE TO REQUIRE ALL TOBACCO PRODUCTS BE SOLD FROM “BEHIND THE COUNTER” AND PREPARE A RESOLUTION URGING THE COUNTY TO ADOPT THE SAME. Second by Councilman Pettersen. Motion carried 5-0.
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(A) RESOLUTION – Petition No. V-01-06
(Editorial History: Attorney Craig Woodward, representing Carl Sorrentino, property owner, is requesting a 6.8-foot variance from the required 10-foot waterfront yard setback for a covered screened patio and a 0.4 foot variance from the required 8-foot side yard setback for a pool and screen enclosure. The subject property is located at 1414 Auburndale Court, further described as Marco beach Unit 8, Block 298, Lot 21, Collier County, City of Marco Island, Florida.)
Mr. Moss read, by title only Petition No. V-01-06. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.
Chairman Tucker advised Council that he has a conflict of interest and will not be voting on this Petition because Mr. Sorrentino is a client in other legal matters.
Attorney Craig Woodward, representing the Petitioner, reviewed the Petition for council and responded to Council questions.
PUBLIC COMMENT
Mr. Herb Savage spoke in favor of allowing set backs from the property line instead of the sea wall.
MOTION by Vice-Chair Minozzi to APPROVE PETITION NO. V-01-06 WITH STIPULATION AS PRESENTED. Second by Councilman Cowin. (Motion and second were withdrawn following discussion.)
MOTION BY Council Pettersen to APPROVE PETITION NO. V-01-06 WITHOUT STIPULATIONS. Second by Vice-Chair Minozzi. Motion carried 4-0. (Chairman Tucker abstained.)
(B) RESOLUTION – Petition No. FV-01-01
(Editorial History: Joe Delate, representing the Collier County Board of Commissioners and the Collier County Parks and recreation Department, is requesting a variance from the Floodplain Management Ordinance (98-18) to allow for the construction of a wet-flood proofed restroom facility at the South Beach Access Parking Lot.)
Mr. Moss read, by title only, Petition No. FV-01-01. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.
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Mr. Joe Delate, representing the Board of County Commissioners/Collier County Parks & Recreation Department reviewed the Petition for Council and responded to Council’s questions.
MOTION by Vice-Chair Minozzi to APPROVE PETITION NO. FV-01-01. Second by Councilman Boyce. Motion carried 5-0.
(C) RESOLUTION – Petition No. V-01-05.
(Editorial History: Ms. Jamie Greusel, representing Charles W. & Grace L. Simpson, property owners, is requesting a 1.65-foot variance from the required 8-foot side yard setback for an existing screen enclosure and wood deck. The subject property is located at 1680 Ludlow Road, further described as Marco Beach Unit 14, Block 421, Lot 5, Collier County, City of Marco Island, Florida.)
Mr. Moss read, by title only, Petition No. V-01-05. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.
MOTION by Vice-Chair Minozzi to APPROVE PETITION NO. V-01-05. Second by Councilman Cowin. Motion carried 5-0.
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) RESOLUTION – Petition No. V-01-07.
(Editorial History: Herbert Rosser Savage, as agent for Resort Building Condominium, property owners, is requesting a 2.17-foot variance from maximum permitted 8-foot height for a ground sign, a 5.58- foot variance from the maximum 8-foot width for a ground sign, and a 126 square foot variance from the maximum permitted 20 square feet of copy area for a ground sign. The subject property is located at 651 South Collier Boulevard, further described as the Resort Building Condominium, Collier County, City of Marco Island, Florida.)
Mr. Moss read, by title only, Petition No. V-01-07. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.
Mr. Herbert Rosser Savage, agent for Resort Building Condominium, reviewed the Petition and responded to questions by Council.
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City Council Minutes for July 16, 2001
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PUBLIC COMMENT
Mr. Paul Tateo, adjacent property owner, spoke in favor of the variance, and Mrs. Emily Savage, also requested that Council allow the sign to remain.
MOTION by Councilman Pettersen to DEFER PETITION NO. V-01-07 FOR A PERIOD NOT TO EXCEED 6 MONTHS AND RETURN THE ORDINANCE TO THE PLANNING BOARD FOR FURTHER REVIEW. Second by Chairman Tucker. Motion carried 5-0.
(E) DISCUSSION – A Resolution Authorizing Execution of the ALS Agreement.
(Editorial History: The City of Marco Island entered into a third person agreement with Collier County in May of 1999. That agreement required that in order for Marco Island firefighter/paramedics to use their skills they were required to respond to the calls on the Collier County EMS unit. This agreement provided only one Advanced Life Support (Paramedic) unit to the citizens of Marco Island. Recently collier county has done away with the third person agreement.)
PUBLIC COMMENT
Ms. Fay Biles, Chairman of Collier County EMS Council, questioned whether a certificate for “public conveyance and necessity” would be sought by the City in two years.
MOTION by Councilman Cowin to AUTHORIZE THE CHAIRMAN TO EXECUTE THE ALS INTERLOCAL AGREEMENT. Second by Councilman Boyce. Motion carried 5-0.
(G) DISCUSSION – Award of Contract for the Repair of the Winterberry Bridge.
(Editorial History: The Winterberry Bridge project was advertised in the Naples Daily News followed by a direct mail out of construction plans to six (6) local contractors. However, on the closing date of July 6, 2001, staff received only one (1) bid response for Phase I construction repair services. A single construction bid for bridge repair work is clearly indicative of a very active constriction market. Kelly Brothers, Inc. as the only respondent submitted a unit price bid in the total amount of $267,830. Subsequently, a cost reduction of $17,830 has been negotiated by staff resulting in a recommended bid award amount of $250,000.)
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MOTION by Councilman Pettersen to AWARD THE WINTERBERRY BRIDGE REPAIR CONTRACT TO KELLY BROTHERS, INC., AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AGREEMENT. Second by Councilman Cowin. Motion carried 5-0.
(H) DISCUSSION – Residential Single Family District Standards.
(Editorial History: State Law requires municipalities to adopt local land development regulation within one year of comprehensive plan approval. Since incorporation the Collier County Land Development Code (LDC) has served, and continues to serve, as the city’s transitional development code. City staff and the Planning Board have begun to review and analyze the various zoning districts and components that will compose our local LDC.)
MOTION by Councilman Pettersen to ACCEPT STAFF’S RECOMMENDATION AND DIRECT THE CITY MANAGER TO PREPARE AN ORDINANCE FOR CONSIDERATION WITH THE HIGHLIGHTED LANGUAGE. Second by Councilman Cowin. Motion failed 3-2. (Councilman Boyce and Chairman Tucker, opposed.)
PUBLIC COMMENT
Mr. Gary Beaumont, owner of FCI Homes, expressed concern that staff’s proposal restricts the construction of two story homes.
Mr. Charles Hughes, 1235 Treasure Court, expressed concern about big homes being built wall to wall.
Ms. Fay Biles, 1588 Heights Court, questioned how this Ordinance will work with MICA’s current architectural guidelines.
MOTION by Chairman Tucker to DIRECT STAFF TO PREPARE AN ORDINANCE WITHOUT THE HIGHLIGHTED LANGUAGE. Second by Councilman Boyce. Motion failed 3-2. (Vice-Chair Minozzi, Councilman Pettersen, Councilman Cowin opposed.)
Following council discussion the previous motion was revisited and a second vote was taken.
MOTION by Councilman Pettersen to DIRECT STAFF TO PREPARE AN ORDINANCE WITHOUT THE HIGHLIGHTED LANGUAGE PERTAINING TO SIDE-YARD SETBACKS. Second by Councilman Cowin. Motion passed 4-1. (Chairman Tucker opposed.)
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City Council Minutes for July 16, 2001
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COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Pettersen commented that gasoline prices are higher on Marco Island compared to off island locations.
FUTURE AGENDA
Chairman Tucker requested an agenda item to discussion advancing to “Step 2” as recommended by the Negotiating Committee, in reference to the Long-term Water Management Plan currently being negotiated with Florida Water Service. (Editor’s Note: This item will be on the agenda for a Special-Called Meeting on August 13, 2001.)
Councilman Boyce requested that the agenda item regarding discussion of utility tax be removed from the next agenda.
Chairman Tucker asked that a discussion item be added regarding membership fees and revenues of the Racquet Club. (Ed. Note: This item will be scheduled on a future agenda.)
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
None
ADJOURN
There being no further business to come before City Council the meeting adjourned at 9:13 p.m.
(signature page to follow)
City of Marco Island
City Council Minutes for July 16, 2001
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___________________________
E. Glenn Tucker, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
____________________________
Liz Carr, Secretary
Date: _______________________
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