City of Marco Island - Regular Meeting 05-07-01

THE CITY OF MARCO ISLAND

City Council Meeting – May 7, 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

Kelly Smith, Zoning Administrator

Bryan Milk, City Planner

Ladd Ryziw, Public Works Director

Laura Litzan, Deputy City Clerk

Mike Murphy, Fire Chief

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles – Community Development Director

APPROVAL OF AGENDA

MOTION by Chairman Tucker to APPROVE THE AGENDA, AMENDED TO ADD AN ITEM TO CONSIDER A RESOLUTION TO SUPPORT A COLLIER COUNTY HALF-CENT SALES TAX. Second by Councilman Boyce. Motion carried 5-0. (Editor’s Note: This item will appear on the agenda as item 5L.)

(A) Council Minutes for April 16, 2001 (Regular Meeting.)

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR APRIL 16, 2001 (REGULAR MEETING.) Second by Councilman Boyce. Motion carried 5-0.

City of Marco Island

City Council Minutes for May 7, 2001

(A) ORDINANCE – First 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.)

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

Chairman Tucker advised Council of his conflict of interest due to his representation of clients with property zoned C-5. He stated that this is a new development since Council’s April meeting.

Attorney Don Pickworth representing the Petitioner reviewed the petition and responded to Council questions.

The Petitioners, Mr. Jerry Allard, owner of Allards of Marco, and Mike Kelly explained the merits of the petition and responded to Council questions.

Those speaking against the petition:

Ms. Katherine Prout, 881 E. Elkcam Circle;

Mr. Jere Hunt, 251 Fiji Court;

Mr. Mario Rizzo, property owner of C-5 zoned property;

Mr. Patrick Neale, representing Marco Self Storage;

Mr. Richard Schoen, 1815 Woodbine Court;

Mr. Joseph A. Frates, owner of Island Storage;

Mr. Wayne Arnold, represents C-5 property owners;

Mr. Patrick Pillot, architect of Olde Naples Self Storage;

Mr. Jack Ashcraft, owner of local rental company and C-5 zoned property;

Ms. Leslie Drake, Manager of Marco Self Storage.

Those speaking in support of the petition:

Mr. Ron Larson, Smokehouse Bay Club;

Mr. Michael Regan, Irish Brogue Moving Company.

City of Marco Island

City Council Minutes for May 7, 2001

MOTION by Councilman Boyce to ADOPT ON FIRST READING, THE ORDINANCE TO APPROVE PETITION PUD-01-01. Second by Councilman Pettersen. Motion failed 3-1. (Councilman Cowin opposed, Chairman Tucker abstained.)

Recess: 8:00 p.m. to 8:20 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(B) ORDINANCE – First Reading & Public Hearing – PUD-01-02 Planned Unit Development Amendment.

(Editorial History: Mr. Robert D. Pritt, Esquire of Roetzel and Andress as agent for Hideaway Beach Association, Inc., has submitted a request to amend the existing Hideaway Beach Planned Unit Development (PUD).

Mr. Moss, read by title only, the Ordinance relating to PUD-01-02, Planned Unit Development. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Representing the Petitioner, Attorney Robert Pritt of the law firm Roetzel and Andres, reviewed the petition and responded to Council questions.

Mr. William Ward, President of McWard Architects, described the need to increase the size of the structure to serve the needs of residents.

Mr. Steven Sposato, professional planner from Agnoli Barber & Brundage, reviewed the parking needs and agreed with staff’s recommendations for changes.

Mr. David Somers, General Manager of Hideaway Beach Association, spoke in favor of changes proposed in the petition.

Mr. Anthony Zeiger, President of Hideaway Beach Association, advised Council that 72% of Hideaway Beach members responding to survey voted for the improvements.

Those speaking in support of the petition:

Mr. Robert Genirs, resident of Hideaway Beach;

Ms. Lisa Garmon, resident of Hideaway Beach.

City of Marco Island

City Council Minutes for May 7, 2001

Those speaking against the petition:

Mr. Vincent Cautero, Wilkison & Associates;

Ms. Lisa Barnett, from the law offices of Cheffy, Passidomo, Wilson & Johnson;

Mr. Jack Crutchfield, resident of Hideaway Beach.

MOTION by Councilman Pettersen to ADOPT ON FIRST READING, THE ORDINANCE TO APPROVE PETITION PUD-01-02. Second by Councilman Boyce. Motion carried 5-0.

(C) RESOLUTION – An Appeal Challenging the Approval of BD-01-01.

(Editorial History: This item was presented to City Council with a request for a continuance at the April 16, 2001 meeting. Both parties are working together to reach a mutual agreement that would not require the appeal to be considered by City Council.)

MOTION by Councilman Boyce to CONTINUE THE APPEAL TO THE MEETING OF JUNE 4, 2001. Second by Councilman Pettersen. Motion carried 5-0.

(D) RESOLUTION – An Appeal Challenging the Approval of BD-01-05.

(Editorial History: At their March 23, 2001 meeting, the Planning Board approved Petition BD-01-05 which granted a 5-foot extension from the maximum 20-foot protrusion to allow for a 25-foot boat docking facility for property located at 1260 Osprey Court. Mr. and Mrs. E. Kelly Linman, affected property owners, are appealing the decision of the Planning Board.)

MOTION by Chairman Tucker to CONTINUE THE HEARING UNTIL THE MEETING OF MAY 21, 2001. Second by Councilman Boyce. Motion and second were withdrawn following discussion.

Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Mr. Kelly Linman, the Appellant, reviewed the petition and responded to Council’s questions.

Attorney Craig Woodward, representing the original petitioner, expressed his opinion that the Planning Board considered the appropriate criteria when unanimously agreeing to the extension.

Recess: 10:20 p.m. to 10:30 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

City of Marco Island

City Council Minutes for May 7, 2001

Mr. Don Jennings, the original petitioner, advised Council that his boat was delivered prior to the construction of the adjacent boat dock.

Mr. Frank Silk, 1241 Ember Court, advised Council that the approved dock extension blocks his view.

MOTION by Councilman Boyce to AFFIRM THE FINDINGS OF THE PLANNING BOARD (WITHOUT CONDITIONS) BASED ON THE COMPETENT AND SUBSTANTIAL EVIDENCE PROVIDED TO THE PLANNING BOARD AND DENY THE APPEAL FOR BD-01-05. Second by Councilman Pettersen. Motion carried 5-0.

(E) RESOLUTION – Public Hearing – Petition BD-01-09.

(Editorial History: Vantage Point Condominium applied for a 15-foot boat dock extension in June 2000. The Marco Island City Council, which has the final action on multi-family boat dock extension petitions, voted to deny the request at their July 17, 2000 meeting. The petitioner is now requesting a 10-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for the addition of finger piers and boatlifts to the existing boat docking facility.)

Mr. Moss, read by title only, the Petition relating to BD-01-09. Each council member made his ex-parte disclosure. There were no public speakers.

MOTION by Chairman Tucker to APPROVE THE RESOLUTION RELATED TO PETITION BD-01-09. Second by Councilman Cowin. Motion carried 5-0.

(F) DISCUSSION – Request by Kiwanis Club to Partially Fund the 4th of July Fireworks.

(Editorial History: The Kiwanis Club of Marco Island has sponsored and supervised the 4th of July fireworks at the Residents Beach for seven years. Funds are raised by the Kiwanis Club. The Kiwanis Club has indicated a desire to utilize an offshore barge as the fireworks staging area. They have been quoted a price of $6,500 for a barge. The Kiwanis Club is requesting the City of Marco Island to fund the cost of the barge.)

Mr. Roy Sanders, General Chairman of the Kiwanis Club, 4th of July Community Celebration, requested Council to approve their request for funds to provide a barge to stage the fireworks.

City of Marco Island

City Council Minutes for May 7, 2001

MOTION by Councilman Pettersen to DENY THE REQUEST FOR $6,500 TO FUND A BARGE FOR STAGING FIREWORKS DURING THE COMMUNITY CELEBRATION. Motion failed for a lack of a second.

MOTION by Chairman Tucker to APPROVE THE REQUEST FOR $6,500 TO FUND A BARGE FOR STAGING FIREWORKS DURING THE COMMUNITY CELEBRATION. Second by Councilman Boyce. Motion passed 4-1. (Councilman Pettersen opposed.)

(G) DISCUSSION – Request to Amend Construction Code Hours of Operation for Pile Driving.

(Editorial History: Mr. James Arnold, President of the Marco Island Civic Association, has submitted a request to City Council to amend the Administrative Construction Code so as to allow the commencement of pile driving no earlier than 8:00 a.m. Section 6-112 of the City Code provides that construction activities, including the delivery of supplies and materials, are permitted only between 7:00 a.m. and 7:00 p.m., Monday through Saturday.)

Mr. Jim Arnold, President of MICA, expressed concern over the number of calls MICA has received on this matter.

MOTION by Vice-Chair Minozzi to DIRECT STAFF TO PREPARE AN ORDINANCE FOR COUNCIL’S CONSIDERATION AMENDING THE CONSTRUCTION CODE TO PERMIT PILE DRIVING ACTIVITY ONLY BETWEEN THE HOURS OF 8:00 A.M. TO 7:00 P.M. Second by Councilman Pettersen. Motion carried 4-1. (Chairman Tucker opposed.)

(H) DISCUSSION – Future Changes to City Charter.

(Editorial History: On April 2, 2001 Councilman Cowin requested and City Council agreed to schedule a discussion of amendments to the City Charter. While scheduled for discussion on the agenda of April 16th, Council elected to defer discussion until another meeting.)

MOTION by Councilman Cowin TO MOVE AGENDA ITEM (H) TO A WORKSHOP TO BE HELD NEXT TUESDAY. Second by Vice-Chair Minozzi. Motion carried 5-0. (Editor’s Note: This workshop was later scheduled to be held on Monday, May 14, 2001.)

City of Marco Island

City Council Minutes for May 7, 2001

(I) DISCUSSION – Proposed Agreement with the City Attorney.

(Editorial History: The firm of Goodlette, Coleman & Johnson, P.A., with Kenneth B. Cuyler, Esquire, serving as lead attorney, provides legal services to the City. The Agreement expires on April 30, 2001. On April 16, 2001, City Council asked Chairman Tucker to review the contract, negotiate any changes, and provide a recommendation to Council for consideration.)

Chairman Tucker advised that although the agreement is still being drafted, the terms of the new contract will be the same as the previous agreement, except it will be for a two-year term instead of a one-year term.

MOTION by Councilman Pettersen to APPROVE A TWO-YEAR CONTRACT WITH THE CITY ATTORNEY AT THE SAME TERMS AS THE PREVIOUS CONTRACT. Second by Vice-Chair Minozzi. Motion carried 5-0.

(J) DISCUSSION – Fire and Police Development Impact Fees.

This agenda item was deferred until the regular scheduled meeting of May 21, 2001.

(K) DISCUSSION – “Closed” Meeting to Discuss Litigation - Cozumel Condominium Association & Monterrey Condominium Association.

(Editorial History: Two lawsuits have been filed. The Cozumel Condominium Association, Inc. and the Monterrey Condominium Association, Inc. have filed suit against Bay Colony – Gateway, Inc. (WCI), the developer of the proposed Belize project at the Cape Marco PUD. The lawsuits pertain to proposed plans by WCI to construct the new Belize building at the Cape Marco development. The City of Marco Island has been named in the lawsuit.)

Following discussion, Council agreed to hold a “closed” meeting to discuss this matter at Mackle Park on May 21, 2001, at 5:00 P.M.

(L) RESOLUTION – A Resolution to Support a One-half Cent Sales Tax.

(Editorial History: The Collier County Board of Commissioners will consider an ordinance to adopt a one-half percent sales surtax to fund road infrastructure. Marco Island should receive a distribution of $1.2 million from Collier County in the first full year of collections to construct infrastructure as provided by Section 212.055(2) F.S.)

City of Marco Island

City Council Minutes for May 7, 2001

MOTION by Councilman Cowin to APPROVE THE RESOLUTION TO SUPPORT A ONE-HALF CENT SALES TAX. Second by Councilman Pettersen. Motion carried 5-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

Vice-Chair Minozzi advised Council that he would not be at the next scheduled meeting.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

There being no further business to come before City Council the meeting adjourned at 11:10 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, Secretary

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