City of Marco Island - Regular Meeting 03-19-01

THE CITY OF MARCO ISLAND

City Council Meeting – March 19, 2001 – 6:00 p.m.

Chairman Cowin 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

Mike Murphy, Fire Chief

Tom Jones, Acting Chief of Police

Lisa Absher, Finance Director

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Ron Biel – Marco Lutheran Church

APPROVAL OF AGENDA

MOTION by Councilman Minozzi to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 5-0.

(A) Council Minutes for March 5, 2001 (Regular Meeting)

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

City of Marco Island

City Council Minutes for March 19, 2001

(B) Council Minutes for March 12, 2001 (Special-Called Meeting)

MOTION by Councilman Boyce to APPROVE THE MINUTES FOR MARCH 12, 2001 (SPECIAL-CALLED MEETING.) Second by Councilman Minozzi. Motion carried 5-0.

(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance Authorizing Elkcam Circle PUD Rezoning.

(Editorial History: Mr. Anthony Pires, as agent for Caxambas Development, Inc., has submitted a request to rezone the subject 6.85-acre property from “C-4-MIZO” to “PUD” Elkcam Circle Planned Unit Development. The PUD seeks to create a unified plan of development for 12 separate parcels located contiguous to the intersection of Lambert Drive and Elkcam Circle, wholly within the Town Center/Mixed Use District.)

Mr. Moss read, by title only, the Ordinance Authorizing Elkcam Circle PUD Rezoning. Each council member made his or her ex-parte disclosure. There were no public speakers.

Councilman Minozzi stated for the record he did not want any substantial changes to occur if a future sale of the property transpires. Community Development Director Greg Niles assured Council that the PUD documents legally referenced the foot print of the proposed structures and the architectural renderings to avoid any substantial deviations without review by City Council.

MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE AUTHORIZING THE ELKCAM CIRCLE PUD REZONING. Second by Councilman Minozzi. Motion carried 5-0.

(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance Regarding Water Shortage Restrictions.

(Editorial History: Section 373.175 F.S. authorizes the South Florida Water Management District to declare water shortages on and around Marco Island, and impose restrictions on the use of water. Further, the statute requires that counties and municipalities within declared water shortage areas to assist in the enforcement of water use restrictions. The City has been cooperating with the Water Management District, and has been assisting with the enforcement of water use restrictions.)

City of Marco Island

City Council Minutes for March 19, 2001

Mr. Moss, read by title only, an Ordinance Regarding Water Shortage Restrictions.

Mr. Tom Westphal, 1041 S. Collier questioned whether Marco Island has any water restrictions.

MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE REGARDING WATER SHORTAGE RESTRICTIONS. Second by Councilman Boyce. Motion carried 5-0.

(C) DISCUSSION – Public Hearing – Purchase of Bank of America Building.

(Editorial History: On February 12, 2001 City Council authorized the City Manager to execute a purchase and sale agreement for the purpose of acquiring the Bank of America building at 50 Bald Eagle Drive. The purchase of the property is subject to City Council approval following a public hearing, and an advertised 30-day notice. The acquisition constitutes an emergency as provided in section 1.01 (6) of the City Charter.)

City Manager Moss advised Council that the sales contract, although still being reviewed by the City Attorney, will be substantially the same as the document presented. There were no public speakers.

MOTION by Councilman Minozzi to AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS FOR THE PURCHASE OF THE BANK OF AMERICA PROPERTY AT 50 BALD EAGLE DRIVE. Second by Councilman Boyce. Motion carried 5-0.

(D) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend the FY2001 Budget.

(Editorial History: The budget amendment provides for funds sufficient for the $1.2 million purchase of the Bank of America building at 50 Bald Eagle Drive, plus an estimate for title insurance, closing costs, and a contingency for expenses that may be necessary prior to occupancy by the City in June of this year.)

Mr. Moss, read by title only, the Ordinance, Second Reading & Public Hearing, to Amend the FY2001 Budget. There were no public speakers.

City of Marco Island

City Council Minutes for March 19, 2001

MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE TO AMEND THE FY2001 BUDGET. Second by Councilman Tucker. Motion carried 5-0.

(E) ORDINANCE – First Reading – An Ordinance to Approve an Amendment to the City Charter by Referendum.

(Editorial History: On March 12, 2001 City Council held a special-called meeting to discuss a referendum to amend the “spending cap” language in the City Charter Section 1.01(6). City Council agreed to prepare and present to the electorate a referendum to eliminate the spending cap from the City Charter. The referendum election date is July 10, 2001.)

Mr. Moss, read by title only, an Ordinance to Approve an Amendment to the City Charter by Referendum. There were no public speakers.

MOTION by Councilman Pettersen to ADOPT ON FIRST READING AN ORDINANCE TO APPROVE AN AMENDMENT TO THE EXISTING MARCO ISLAND CITY CHARTER TO BE ADOPTED ONLY THROUGH REFERENDUM ELECTION TO INCLUDE THE FOLLOWING BALLOT QUESTION: “The Charter provides that operating expenditures shall be limited to an increase from the prior year’s expenditures of 3% plus C.O.L.A. All expenditures are subject to the spending cap, including services funded by grants , impact fees, other government agencies, user fees, and utility fees. New services , program transferred from other agencies (beach maintenance) and infrastructure improvements (roads, drainage, sanitary sewers, pedestrian/bikeways, waterway dredging) are also affected. Shall the Charter be amended to remove this provision?” Second by Councilman Minozzi. Following discussion by Council and a withdrawal of the second by Councilman Minozzi, Councilman Pettersen amended his motion as follows:

City of Marco Island

City Council Minutes for March 19, 2001

MOTION by Councilman Minozzi to ALLOCATE $15,000 TOWARDS THE “EDUCATION PROCESS.” Second by Councilman Pettersen. Motion withdrawn following discussion.

City Council agreed to direct the City Manager to provide cost estimates for the “education process” prior to Council’s approval.

(F) DISCUSSION – Vacancy on City Council.

(Editorial History: On March 5, 2001 City Council reviewed and agreed to follow a defined procedure to fill a vacancy on council. By the March 14, 2001 deadline, seven Marco Island citizens and qualified electors submitted statements of qualifications for transmittal to City Council.)

MOTION by Councilman Pettersen to INVITE ALL SEVEN APPLICANTS BACK TO THE COUNCIL MEETING OF APRIL 2, 2001 AND REVISE THEIR PRESENTATION TIME TO 10 MINUTES. Second by Councilman Tucker. Motion carried by tacit approval.

(G) DISCUSSION – Award of Contract for Intersection Improvements at San Marco Road and Barfield Drive.

(Editorial History: Staff is proceeding to implement a roadway capacity improvement project at the San Marco Road / Barfield Drive intersection. On the closing date of February 28, 2001, staff received five (5) sealed bids. The low bid submitted by Florida State Underground, Inc. is 12.33% ($43,738.07) below the budgeted amount of $354,800 and, based on staff’s evaluation, is considered to be the most responsive and qualified proposal meeting the best interest of the City.)

Mr. Dick Schoen, 1815 Woodbine Court, expressed concern that the project be completed by a specific deadline date or that the company awarded the contract be penalized.

MOTION by Councilman Tucker to AWARD THE CONTRACT FOR THE SAN MARCO ROAD/BARFIELD DRIVE INTERSECTION IMPROVEMENTS TO FLORIDA STATE UNDERGROUND AND DIRECT THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT. Motion second by Councilman Boyce. Motion carried 5-0.

City of Marco Island

City Council Minutes for March 19, 2001

(H) DISCUSSION – Request for Approval and Support of Christmas Island Style Fund Raiser.

(Editorial History: The Christmas Island Style Committee has scheduled a fund-raising event for May 12, 2001. Committee Chairman David Rice requests the use of City property and personnel.)

MOTION by Chairman Cowin to APPROVE SUPPORT FOR THE CHRISTMAS ISLAND STYLE FUND RAISER ON MAY 15, 2001. Second by Councilman Tucker. Motion carried 5-0.

(I) DISCUSSION – Proposed Right-of-Way Parking Plan

(Editorial History: Subsequent to the City’s Master Right-of-Way study, which unveiled an on-street parking scheme for the Elkcam Circle area, the concept of utilizing public right-of-ways and private property to augment and enhance required commercial parking has gained interest. The proposed Elkcam Circle PUD seeks to incorporate on-street parking along Lambert Street to enhance the desired streetscape, and to provide opportunities for public parking. In addition, two business owners in the heavy commercial part of Elkcam Circle are seeking approval to increase parking spaces by utilizing areas within the public right-of-way and/or on private property.)

MOTION by Councilman Pettersen to AUTHORIZE THE CITY MANAGER TO PROCEED TO DRAFT A POLICY TO ALLOW PUBLIC RIGHT-OF-WAY AREAS FOR IMPROVED PARKING IN LIMITED AREAS. Second by Councilman Tucker. Motion carried 5-0.

(J) DISCUSSION – Performance Review and Compensation of the City Manager.

(Editorial History: On March 5, 2001 City Council agreed to schedule discussion regarding the City Manager’s performance appraisal for the meeting of March 19, 2001. On February 5, 2001 City Council reaffirmed its desire to utilize a performance review process that best suited each individual Councilor.)

MOTION by Councilman Pettersen to INCREASE THE SALARY OF THE CITY MANAGER BY 8%. Motion failed for lack of a second.

MOTION by Councilman Tucker to INCREASE THE SALARY OF THE CITY MANAGER BY 5%. Second by Councilman Minozzi. Motion carried 5-0.

City of Marco Island

City Council Minutes for March 19, 2001

Recess: 6:59 p.m. to 7:05 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(K) DISCUSSION – Election of Council Chair and Vice-Chair.

(Editorial History: The City Charter provides, “the council shall, at the first regular meeting after each City Council election and the annual anniversary thereof, elect one of its own members to be Chairman and elect one of its own members to be Vice-Chairman for a term of one year.”)

MOTION by Chairman Cowin to NOMINATE COUNCILMAN MINOZZI AS COUNCIL CHAIRMAN . Second by Councilman Minozzi. Motion failed 3-2. (Councilman Tucker, Councilman Pettersen and Councilman Boyce opposed.)

MOTION by Councilman Pettersen to NOMINATE COUNCILMAN TUCKER AS COUNCIL CHAIRMAN. Second by Councilman Boyce. Motion carried 4-1. (Chairman Cowin opposed.)

Councilman Tucker was elected Council Chairman.

MOTION by Councilman Pettersen to NOMINATE COUNCILMAN MINOZZI AS COUNCIL VICE-CHAIRMAN. Second by Chairman Cowin. Motion carried 5-0.

Councilman Minozzi was elected Council Vice-Chair.

COUNCIL COMMUNICATIONS AND DISCUSSION

The City Manager was informed of his salary increase.

Members of City Council thanked Chairman Cowin for his leadership during the past year.

Councilman Tucker requested that Council consider the educational process for the upcoming Charter referendum. (Ed. Note: This item will appear on the agenda for the April 2, 2001 meeting.)

City of Marco Island

City Council Minutes for March 19, 2001

Chairman Cowin requested that Council consider additional Charter amendments at a future meeting.

Mr. David Brandt, former City Councilman, requested Council consider using the debris from the Barfield Bridge for an artificial reef.

Mr. Brian Mordaci, 840 S. Heathwood, spoke in favor of the Barfield Bridge debris being used an artificial reef and not directed to a landfill.

Mr. Ralph Madonna, Secretary to the Board of Directors of the Monterrey Condominium, expressed concern about the developer of the Belize Condominium proceeding to market the Belize without submitting a site plan to the City.

Mr. Glen DuBrucq, 980 Cape Marco Drive, expressed concern about the impact of the Belize development upon his view.

Mr. Lou Desanto, resident of Cape Marco, also expressed concern about the situation of the buildings at Cape Marco.

There being no further business to come before City Council the meeting adjourned at 7:35 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for March 19, 2001

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Harry Cowin, Council Chairman

Date________________________

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A. William Moss, City Manager/City Clerk

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Liz Carr, Secretary

Date: _______________________