THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 4, 2001 – 6:05 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
Bryan Milk, City Planner
Ladd Ryziw, Public Works Director
Lisa Absher, Finance Director
Laura Litzan, Deputy City Clerk
Mike Murphy, Fire Chief
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Joy Baumgartner – United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Councilman Boyce to APPROVE THE AGENDA, AMENDED TO MOVE ITEM 6(A) AND ITEM 6(G) TO FOLLOW “APPROVAL OF MINUTES.” Second by Vice-Chair Minozzi. Motion carried 5-0.
MINUTES
(A) Council Minutes for May 7, 2001 (Regular Meeting.)
MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR May 7, 2001 (REGULAR MEETING.) Second by Councilman Cowin. Motion carried 5-0.
City of Marco Island
City Council Minutes for June 4, 2001
Page 2
(B) Council Minutes for May 14, 2001 (Workshop Meeting.)
MOTION by Councilman Boyce to APPROVE THE MINUTES FOR May 14, 2001 (WORKSHOP MEETING.) Second by Councilman Cowin. Motion carried 5-0.
(C) Council Minutes for May 21, 2001 (Closed Meeting.)
MOTION by Councilman Cowin to APPROVE THE MINUTES FOR May 21, 2001 (CLOSED MEETING.) Second by Councilman Pettersen. Motion carried 5-0.
BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – PUD-01-01 Planned Unit Development.
(Editorial History: Mr. Donald Pickworth, as agent for Progressive Auto Storage LLC, etc., has requested approval of a Planned Unit Development (PUD) rezoning from C-4 MIZO for property located at 720 Bald Eagle Drive, further described as Marco Beach Unit 11 Replat, Block 782, Lots 18 & 19. The request is to add indoor air-conditioned storage as a permitted use within an existing commercial building along with the continuation of the current C-4 MIZO uses.)
Attorney Donald Pickworth, representing the Petitioner, requested a continuance of the hearing. Councilman Pettersen suggested that the petition be withdrawn instead, and Council revisit the issue at a later date. Council members agreed to allow the withdrawal of the petition, if the request for a continuance is denied.
In response to Chairman Tucker’s inquiry, City Attorney Ken Cuyler advised that although Chairman Tucker did not vote on this matter at the first reading, due to a conflict of interest, he will be required to vote on the continuance.
MOTION by Councilman Cowin to GRANT THE PETITIONER’S REQUEST FOR A CONTINUANCE. Second by Councilman Boyce. Motion failed 3-2. (Chairman Tucker and Councilman Pettersen, opposed.)
Attorney Pickworth stated that he disagrees with the City’s interpretation of the City Charter that that requires four affirmative votes of Council to pass a motion. Attorney Pickworth, on behalf of his client, stated that the Petition is withdrawn.
City of Marco Island
City Council Minutes for June 4, 2001
Page 3
(G) RESOLUTION – An Appeal Challenging the Approval of BD-01-01 by the Marco Island Planning Board.
(Editorial History: This item was presented to City Council with a request for a continuance at the April 16, 2001 meeting. Both the appellant and the petitioner requested that this matter be continued to the June 4, 2001 City Council meeting. Both parties are working together to reach a mutual agreement that would not require the appeal to be considered by City Council.)
Mr. Patrick Neale, representing the Petitioner, requested a continuance.
MOTION by Councilman Cowin to GRANT THE PETITIONER’S REQUEST FOR A CONTINUANCE TO THE COUNCIL MEETING SCHEDULED FOR AUGUST 6, 2001. Second by Councilman Pettersen. Motion carried 5-0.
PRESENTATIONS
(A) Blue Ribbon Panel on Teen Affairs.
Dr. Robert Ayling introduced the members of the Blue Ribbon Panel on Teen Affairs and provided a summary of their report to City Council. Presenters included Ms. Terri DiSciullo, Mr. Phil Penzo, Ms. Donna Braunlich, and Mr. Al Diaz.
Recommendations of the committee included:
1. Assist in establishing a coordinating committee;
2. Establish a committee of teens;
3. Give teens more visibility through increased City Council involvement;
4. Develop a teen center supporting experimental programs in existing facilities and expand current facilities;
5. Hire a youth/family programs coordinator;
6. Explore possibility of Marco Island high school.
The committee suggested immediate action on the following recommendations:
1. Expedite establishment of the coordinating committee;
2. Increase/fund summer programs;
3. Encourage Council to seek grant programs for next year;
4. Fund and fill the Youth & Family coordinator position.
City of Marco Island
City Council Minutes for June 4, 2001
Page 4
Council members complimented the members of the committee for their outstanding efforts and comprehensive report. Council directed the City Manager to allocate $17,800 toward summer youth programs and identify for Council citizens willing to serve on the coordinating committee.
PUBLIC COMMENT
Mr. Gil Mueller, 541 Blackmore Court, believes that there are currently adequate facilities and programs to serve the Island’s teen population. He does not believe we need a teen coordinator.
Mr. Charlie Slagle, 805 Caribbean Court, wants assurance that no member of the committee or a committee member’s relative will become a paid employee of the City.
Mr. Walter Jaskiewicz, 420 South Barfield Drive, expressed support for the committee’s recommendations. He suggested seeking corporate sponsorship and grants for teen programs and volunteered to assist.
Recess: 7:25 p.m. to 7:35 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
BUSINESS
(B) ORDINANCE – Second Reading & Public Hearing – PUD-01-02 Planned Unit Development Amendment.
(Editorial History: Mr. Robert D. Pritt, Esquire, of the firm Roetzel and Andress, as agent for Hideaway Beach Association, Inc., has submitted a request to amend the existing Hideaway Beach Planned Unit Development (PUD) to amend the off-street parking requirement, to provide a percentage of golf cart parking in lieu of vehicular parking, to allow additional restaurant and clubhouse seating.).
Mr. Moss read, by title only, the Ordinance relating to PUD-01-02. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.
PUBLIC COMMENT
Mr. John Crutchfield, Hideaway Beach resident, spoke in opposition to the petition.
At the request of Attorney Robert Pritt, approximately 40 individuals in the audience stood to show support for approval of the petition.
City of Marco Island
City Council Minutes for June 4, 2001
Page 5
MOTION by Councilman Pettersen to ADOPT ON SECOND READING, THE ORDINANCE TO APPROVE PETITION PUD-01-02. Second by Councilman Boyce. Motion carried 5-0.
(C) ORDINANCE – First Reading – An Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2000, and Ending September 30, 2001.
(Editorial History: A thorough mid-year budget review has been performed and a mid-year budget adjustment is recommended to transfer funds between budgetary accounts. The budget adjustment neither increases nor decreases the previously approved total budget.)
Mr. Moss read, by title only, the Ordinance Relating to Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2000, and Ending September 30, 2001. There were no public speakers.
Fire Chief Mike Murphy reviewed his request to reclassify Fire Department personnel.
MOTION by Councilman Cowin to ADOPT ON FIRST READING THE ORDINANCE AMENDING THE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 AND APPROVE RECLASSIFICATION OF FIRE DEPARTMENT PERSONNEL. Second by Councilman Pettersen. Motion carried 5-0.
(D) ORDINANCE – FIRST READING - An Ordinance to Amend Construction Code Hours of Operation for Pile Driving.
(Editorial History: At the request of City Council staff has prepared an amendment to the Marco Island Administrative Construction Code (Ordinance 98-17) to further regulate hours in which pile driving activities may occur. The subsection dealing with “Noise control” will be amended to allow pile driving activities between 8:00 a.m. and 7:00 p.m., Monday through Saturday. All other construction activities are permitted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.)
Mr. Moss read, by title only, an Ordinance to Amend Construction Code Hours of Operation for Pile Driving. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING, THE ORDINANCE TO AMEND THE CONSTRUCTION CODE HOURS OF OPEATIONS FOR PILE DRIVING. Second by Councilman Cowin. Motion carried 5-0.
City of Marco Island
City Council Minutes for June 4, 2001
Page 6
(E) ORDINANCE – First Reading – An Ordinance to Amend Section 2.7.2.3.4.1. of the Land Development Code to Change Planning Board Hours.
(Editorial History: Section 2.7.2.3.4.1 of the Land Development Code requires that the Marco Island Planning Board “conduct two advertised public hearings on a weekday after 5:00 p.m. on proposed ordinances or resolutions that would change the zoning designation of a parcel or parcels of land involving ten contiguous acres or more of land or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category.” This provision applies only when the subject zoning or use change is initiated by the City.)
Mr. Moss read, by title only, the Ordinance to Amend Section 2.7.2.3.4.1. of the Land Development Code to Change Planning Board Hours. There were no public speakers.
MOTION by Councilman Cowin to APPROVE THE ORDINANCE TO AMEND SECTION 2.7.2.3.4.1. OF THE LAND DEVELOPMENT CODE TO CHANGE PLANNING BOARD HOURS. Second by Vice-Chair Minozzi. Motion carried 5-0.
(F) RESOLUTION – Petition No. BD-01-06.
(Editorial History: Lisa Smith, as agent for Achim Martin, is requesting a 10-foot extension from the maximum permitted 20-foot protrusion into the water to allow for the construction of a 30-foot boat docking facility. The underlying property is zoned C-5, but is developed with a single-family structure. The property is located at 1145 Kerr Court, and was part of the old Doxsee property not included in plat, Marco Island.)
MOTION by Councilman Cowin to APPROVE PETITION BD-01-06. Second by Councilman Boyce. Motion carried 5-0.
(H) DISCUSSION – Fire and Police Development Impact Fees.
(Editorial History: This subject was presented for discussion on May 7, 2001 and deferred to this meeting. The City currently collects development impact fees for capital facilities associated with Fire/Rescue. City Council is asked to
consider review of the current Fire/Rescue Impact Fee to determine the appropriate impact fee and supporting justification for the fee. Furthermore, City Council may wish to have an impact fee analysis performed to determine appropriate impact fees for police services.)
City of Marco Island
City Council Minutes for June 4, 2001
Page 7
MOTION by Councilman Pettersen to AUTHORIZE THE CITY MANANGER TO OBTAIN AN IMPACT FEE STUDY FOR FIRE/RESCUE AND POLICE DEPARTMENTS. Second by Councilman Boyce. Motion carried 5-0.
(I) DISCUSSION – Referendum Election on the Proposed Charter Amendment – Spending Cap.
(Editorial History: As the public education mail out was being drafted, Council members expressed their desire to further discuss the proposed referendum, including the City’s program to provide educational information to the electorate.)
PUBLIC COMMENT
Mr. Robert Dyer, 1841 Honduras, requested that Chairman Tucker and Councilman Pettersen express their views on the spending cap in the newspaper.
Mr. George Lester, 260 Seaview Court, provided City Council with results of the questionnaire he produced and mailed to residents of Marco Island.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Cowin suggested Council reconsider nominations for the vacant City Council seat.
Councilman Pettersen commented on the memorandum from Chief Murphy regarding Firefighter Ladurini’s involvement with a life threatening incident in Guatemala. Councilman Pettersen requested, with Council’s concurrence, that the City Manager prepare a proclamation for Firefighter Ladurini’s efforts.
Councilman Pettersen praised Marco Island’s Public Works Department for their exceptional performance on current projects.
FUTURE AGENDA
Council agreed to reschedule a Budget Workshop to July 9, 2001, previously scheduled for July 2, 2001.
City of Marco Island
City Council Minutes for June 4, 2001
Page 8
Council agreed to amend past procedures to allow at each Council meeting a presentation by a Department Director to give insight in to the day-to-day activities within each department.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Bob Butler, South Collier Boulevard, commented on past votes of City Council members.
Mr. Bob Olson, 900 Montego Court, spoke against the changes that are being proposed by the Marriott Hotel.
Ms. Fay Biles, 1588 Heights Court, asked about the location of a timeshare that she read about in the newspaper.
ADJOURN
There being no further business to come before City Council the meeting adjourned at 9:05 p.m.
____________________________
E. Glenn Tucker, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
____________________________
Liz Carr, Secretary
Date: _______________________
| 
