City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting July 15, 2002 6:05 p.m.

Chairman Tucker called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Ladd Ryziw, Public Works Director

Greg Niles, Community Development Director

Bill Harrison, Finance Director

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for June 14, 2002 (Workshop).

MOTION by Councilwoman Kelber to APPROVE THE WORKSHOP MINUTES FOR JUNE 14, 2002. Second by Councilwoman DiSciullo. Motion carried 7-0.

(B) Council Minutes for June 14, 2002 (Budget Workshop).

MOTION by Councilwoman Kelber to APPROVE THE BUDGET WORKSHOP MINUTES FOR JUNE 14, 2002. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 15, 2002

(C) Council Minutes for June 17, 2002.

MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR JUNE 17, 2002. Second by Councilman Boyce. Motion carried 7-0.

(A) Soaring Eagle Awards.

Fire/Rescue Division Chief Chris Byrne presented the “Soaring Eagle Award,” on behalf of City Council, to the following individuals for their outstanding actions involving the successful resuscitation of Dr. Melvin Dunn:

David Batiato, Captain Paramedic

Chris Crossan, Firefighter EMT

Steve Hagmann, Firefighter EMT

Brian OMalley, Police Officer

Erika Abrams, Police Officer

Patricia Dixon, Lieutenant Paramedic Collier County EMS

Rick Thorp, Paramedic Collier County EMS

(A) ORDINANCE Second Reading and Public Hearing An Ordinance to Amend Ordinance 02-12 to Include a 500-Foot Separation Between Establishments and Provide Waiver Procedures.

(Editorial History: As requested by City Council, the Planning Board reviewed Ordinance 02-12, which established locational criteria for businesses engaged primarily in the sale and on-premise consumption of alcoholic beverages. The purpose of the review was to incorporate the 500-foot separation language that had previously existed under the County LDC. At the conclusion of the two required public hearings the Planning Board voted unanimously to recommend inclusion of the 500-foot separation language into the amended ordinance. City Council adopted the proposed ordinance on first reading on June 17, 2002.)

Mr. Moss read, by title only, the Ordinance to Amend Ordinance 02-12 to Include a 500-foot Separation Between Establishments and Provide Waiver Procedures. There was no public comment.

MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE TO AMEND ORDINANCE 02-12 TO INCLUDE A 500-FOOT SEPARATION BETWEEN ESTABLISHMENTS AND PROVIDE WAIVER PROCEDURES. Second by Councilman Boyce. Motion carried 6-1 (Chairman Tucker opposed.)

City of Marco Island

City Council Minutes for July 15, 2002

(B) ORDINANCE Second Reading and Public Hearing An Ordinance to Establish a New Landscape Code.

(Editorial History: In developing the proposed Landscape Ordinance, staff started with the current LDC provisions, sought input from the Beautification Advisory Committee, landscape professionals, and the Planning Board. Based on input provided at the Council meeting of June 17, 2002, the ordinance has been further revised.)

Mr. Moss read, by title only, the Ordinance to Establish a New Landscape Code.

Mr. Herb Savage, 651 S. Collier Boulevard, spoke in opposition to requiring irrigation systems for new single family homes.

Councilwoman Kelber requested the following change on page 4, section E: “All systems shall be designed to ~~eliminate~~ minimize the application of water onto sidewalks, driveways, streets…,” in order to preclude opportunities for future complaints.

MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH A NEW LANDSCAPE CODE WITH A CHANGE ON PAGE 4, SECTION E, TO READ “ALL SYSTEMS SHALL BE DESIGNED TO MINIMIZE THE APPLICATON OF WATER...” Second by Councilman Boyce. Motion carried 5-2. (Chairman Tucker and Councilwoman DiSciullo opposed.)

(C) RESOLUTION A Resolution to Support the Modified Spending Cap Amendment to the City Charter.

(Editorial History: On June 17, 2002 City Council, by unanimous vote, adopted the ordinance to call for a referendum election on September 10, 2002 to amend the City Charter. The ballot will have eight separate amendment questions.)

Mr. Moss read, by title only, the Resolution to Support the Modified Spending Cap Amendment to the City Charter. There was no public comment.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION TO SUPPORT THE MODIFIED SPENDING CAP AMENDMENT TO THE CITY CHARTER. Second by Councilwoman Kelber. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 15, 2002

(D) DISCUSSION Public Hearing Purchase of Vacant Lot located at 986 North Barfield Drive.

(Editorial History: On June 17, 2002 City Council was advised that the owner of the lot at 986 North Barfield Drive had listed the lot for sale and that the City Manager had offered the asking price of $189,000, subject to certain terms and conditions, including approval by City council at a public hearing. City Council agreed to conduct a public hearing to consider the purchase on July 15, 2002.)

Mr. Maury Daily, 1307 Riverhead, expressed his opinion that in an escalating real estate market this purchase price is probably not out of line.

Mr. Herb Savage, 651 S. Collier Boulevard, spoke in favor of purchasing every piece of waterfront property available.

Mr. John Morgan, 490 Balsam Court, encouraged Council to proceed with the lot purchase.

MOTION by Chairman Tucker to AUTHORIZE THE CITY MANAGER TO ACQUIRED LOT 1, BLOCK 131, MARCO BEACH UNIT 4, “AS IS”. Second by Councilwoman DiSciullo. Motion carried 7-0.

(Editors Note: The order of the remaining agenda items was altered to facilitate the meeting.)

(J) DISCUSSION Award of Contract for Drainage Improvements for Caxambas Drive and Bald Eagle Drive.

(Editorial History: Staff received four sealed bids for drainage improvements in the vicinity of the intersections of Caxambas Drive/Indian Hill Road and Bald Eagle Drive/Hartley Avenue. Based on a review of bids, Armadillo Underground, Inc. is the lowest bidder that best meets the interests of the City.)

MOTION by Chairman Tucker to AWARD A CONTRACT TO ARMADILLO UNDERGROUND, SUBJECT TO ARCHAEOLOGICAL REVIEW, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Second by Councilwoman Kelber. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 15, 2002

(K) DISCUSSION Award of Contract for Roadside Border Tree Planting Project.

(Editorial History: Staff received three sealed bids for installation of roadside canopy trees along Winterberry Drive (east of South Collier Boulevard and west of South Barfield Drive). Based on an evaluation of bids, including a review of unit prices, contractor resources, and prior performance, Commercial Land Maintenance, Inc. is the most responsive and qualified bidder that best meets the interests of the City.)

MOTION by Councilwoman Kelber to AWARD A CONTRACT TO COMMERCIAL LAND MAINTENANCE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Second by Councilman Boyce. Motion carried 7-0.

(L) DISCUSSION Concept Design for Roadside Border Tree Planting Project Bald Eagle Drive.

(Editorial History: The Citys Five-Year Capital Improvement Program (CIP) for fiscal years 2003-2007 contains six streetscape improvement projects totaling $1,227,000. Among these projects is the Roadside Border Landscaping Project which has a budget of $225,000 for fiscal year 2003 and a five-year total of $825,000. City Council indicated a preference to install roadside canopy trees along Bald Eagle Drive during the April 29, 2002 CIP Workshop. Staff subsequently initiated a concept development phase.)

Mr. Herb Savage, 651 S. Collier Boulevard, voice his opinion that creative planning must be used to avoid planting trees in a straight line.

MOTION by Chairman Tucker to APPROVE CONCEPT DESIGN PLANS FOR BALD EAGLE DRIVE ROADSIDE BORDER TREE PLANTINGS. Second by Councilman Boyce. Motion carried 7-0.

Recess: 7:20 p.m. to 7:35 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(E) DISCUSSION Report on Right Turn Lane Improvements and Award of Contract North Collier Boulevard / Kendall Drive.

(Editorial History: On June 17, 2002, City Council discussed proposed turn lane improvements as recommended by staff at the North Collier Boulevard / Kendall Drive intersection. At the conclusion of discussions, Council indicated a need to receive additional traffic engineering information to support construction of right turn lanes in general, and in particular the North Collier Boulevard / Kendall Drive intersection.)

City of Marco Island

City Council Minutes for July 15, 2002

Mr. Bill Oliver of Tindale-Oliver Associates, Inc. reviewed for Council the elements of right turn lanes and the resulting improvements for safety and efficiency.

Dr. Faye Biles, 1588 Heights Court, questioned the plans for intersection improvements at the Esplanade.

Mr. Lee Campbell, 410 N. Collier Boulevard, expressed his opposition to installing a right hand turn lane at this intersection, where he lives on the corner.

Mr. Gil Mueller, 541 Blackmore Court, voiced his concern that the traffic on Collier Boulevard is traveling too fast.

Mr. David Somers, Director of Hideaway Beach, offered his support for the roadway improvement project.

Mr. Herb Savage, 651 S. Collier Boulevard, advised Council that he uses Century Drive to access the area and believes others should be educated to do the same.

Mr. Fred Toney (address unknown) articulated his support for the intersection improvements.

Ms. Karen Campbell, 410 N. Collier Boulevard, requested that the sign advertising Hideaway Beach and Tigertail Beach be relocated to direct traffic down Tigertail Court.

Mr. Frank Aloia, 420 N. Collier Boulevard, spoke in opposition of the right hand turn lane in front of his house.

MOTION by Chairman Tucker to DECLINE TO AUTHORIZE THE CONTRACT FOR INTERSECTION IMPROVEMENTS AT NORTH COLLIER BOULEVARD AND KENDALL DRIVE. Second by Councilwoman DiSciullo. Motion carried 5-2. (Councilman Boyce and Vice-Chair Minozzi opposed.)

MOTION by Vice-Chair Minozzi to SUSPEND THE THREE HOUR RULE AND CONTINUE THIS MEETING. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 15, 2002

(H) Petition by American Funding and Service Corporation Regarding Marco Lake Development.

(Editorial History: Mr. Tim Ferguson, representing Larry and Keith Basik, Trustees of American Funding, petitioned City Council seeking resolution to three areas of dispute involving the Marco Lake property.)

Attorney Tim Ferguson, representing American Funding, reviewed for Council the petitioners request to remove the public parking encroaching on the property. The petitioners, Mr. Larry Basik and Mr. Keith Basik, expressed their concerns that a parking diagram promised by the City Attorney has not been provided, and that the survey obtained prior to the purchase of this property did not show the parking encroachments.

Attorney Patrick Neale, representing adjoining Marco Lake property owners, advised Council that there is substantial and significant documentation indicating that the parking in question is legal.

MOTION by Councilman Boyce to TAKE NO ACTION ON THE AMERICAN FUNDING PETITION. Second by Councilman Minozzi. Motion carried 7-0.

(F) DISCUSSION Minimum Acreage Planned Unit Development (PUD).

This item was deferred to the next regular City Council meeting.

(G) DISCUSSION - Adding “Public Comment” to the Beginning of City Council Meetings.

This item was deferred to the next regular City Council meeting.

(I) DISCUSSION Interlocal Agreement for Impact Fees and Road Maintenance.

(Editorial History: City Council and the Board of County Commissioners entered into an interlocal agreement for the collection and distribution of county impact fees. The agreement is renewable automatically for one-year terms unless one party delivers notice of termination. By letter dated July 3, 2002, Collier County provided written notice of termination. Pursuant to negotiations, the City Manager and County Manager have reached a tentative agreement subject to the approval of City Council and the Board of County Commissioners.)

City of Marco Island

City Council Minutes for July 15, 2002

Ms. Connie Fullmer, representing the Goodland Civic Association, expressed concern regarding the change in jurisdiction of the roadway into Goodland from Collier County to Marco Island. The association will be sharing their concerns with Collier County government in the future.

Mr. Maury Dailey, 1307 Riverhead Avenue, commented that the County is trying to discern how to use impact fees collected from the City in other areas of the County.

MOTION by Vice-Chair Minozzi to APPROVE THE INTERLOCAL AGREEMENTS FOR ROAD IMPACT FEES AND ROAD MAINTENANCE AND AUTHORIZE EXECUTION BY THE CHAIRMAN. Second by Councilman Arceri. Motion carried 7-0.

(M) DISCUSSION Rescheduling the August 5, 2002 meeting to August 12, 2002.

MOTION by Chairman Tucker to RESCHEDULE THE AUGUST 5, 2002 COUNCIL MEETING TO AUGUST 12, 2002. Second by Councilman Boyce. Motion carried 7-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

There were no items for Council communications and discussion.

There were no items to be placed on future agendas for discussion.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Jack Patterson, 860 Panama Court, representing Citizens for a Better Marco, proposed that a flagpole be erected at the pocket park at Nouth Collier Boulevard and Barfield Drive as a September 11, 2002 memorial.

Mr. Bill Merrick, 1049 Bonita Court, expressed his support for the flagpole memorial.

Mr. Chuck Hughes, 1235 Treasure Court, also representing Citizens for a Better Marco, proposed that a matching fund be established in order to assist with the flagpole memorial costs, and that he personally will donate $250 to the fund.

City of Marco Island

City Council Minutes for June 17, 2002

Following discussion, Council concurred that the erection of three lighted flag poles at the park located at North Collier Boulevard and Barfield Drive was acceptable and directed staff to begin the installation process. Council will further discuss this matter at the meeting scheduled for August 19, 2002

There being no further business to come before City Council, the meeting adjourned at 10:20 p.m.

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary