City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting October 7, 2002 6:00 p.m.

Chairman Tucker called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Bill Harrison, Finance Director

Mike Murphy, Fire Chief

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Roger Reinke, Police Chief

Laura Litzan, Deputy City Clerk

Brian Milk, City Planner

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 Councilwoman Kelber. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for September 16, 2002 Regular Meeting.

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR SEPTEMBER 16, 2002 REGULAR MEETING. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 7, 2002

(A) Proclamation for Red Ribbon Week .

(Editorial History: National Red Ribbon Week began in 1985 with the brutal murder of Enrique “Kiki” Camarena, a Drug Enforcement Agent who was close to uncovering the identities of key members of a Mexican drug cartel. This years Red Ribbon Theme is “WorkingToward a Drug-Free Community.”)

Chairman Tucker presented a proclamation designating October 23 31, 2002 as Red Ribbon Week to Officer Ericka Abrams from the Marco Island Police Department. Students from the Marco Island Charter Middle School were present to show their support for a drug free community.

(B) Code Compliance Report.

Community Development Director Greg Niles reported to Council on the following Code Compliance activities:

· Duties and responsibilities of the Code Compliance division.

· Report on activities in FY 2002.

· Overview of accomplishments of the division.

· Public outreach and education efforts.

Chief of Code Compliance John Goodspeed responded to Councils questions.

(A) ORDINANCE Second Reading and Public Hearing An Ordinance Amending Park Impact Fees.

(Editorial History: On August 19, 2002 City Council considered a proposal to amend the Community Park Impact Fees to be consistent with an updated Community Park Impact Fee Analysis prepared for and adopted by Collier County. The budgeted revenue is estimated to increase from $121,000 to $250,000 annually.)

Mr. Moss read, by title only, the Ordinance Amending Park Impact Fees. There were no public speakers.

MOTION by Chairman Tucker to APPROVE THE ORDINANCE AMENDING PARK IMPACT FEES. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 7, 2002

(B) ORDINANCE Second Reading and Public Hearing - An Ordinance Amending Chapter 22, Fire Prevention and Protection, Recovery of Costs for Suppression of Suspicious or Incendiary Fires.

(Editorial History: On September 16, 2002 City Council adopted an ordinance on first reading to provide for the cost recovery for hazardous material and other specified responses. The ordinance has been revised since the first reading. The changes are not substantive and follow the original intent.)

Mr. Moss read, by title only, the Ordinance Amending Chapter 22, Fire Prevention and Protection, Recovery of Costs for Suppression of Suspicious or Incendiary Fires. There were no public speakers.

MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE AMENDING CHAPTER 22, FIRE PREVENTION AND PROTECTION, RECOVERY OF COSTS FOR SUPPRESSION OF SUSPICIOUS OR INCENDIARY FIRES. Second by Councilwoman Kelber. Motion carried 7-0.

(C) ORDINANCE First Reading An Ordinance to Amend Ordinance 98-12, the Beach Management & Vessel Control Ordinance.

(Editorial History: In the fall of 1998 City Council adopted a Beach Management and Vessel Control ordinance to regulate activities on and adjacent to our coastal areas. The Beach Advisory Committee, working in conjunction with the Citys Police Department and Environmentalist, has proposed several revisions to the ordinance to incorporate changes to state law, provide consistency with other City ordinances (e.g., noise control) and to clarify enforcement obligations.)

Mr. Moss read, by title only, the Ordinance to Amend Ordinance 98-12, the Beach Management & Vessel Control Ordinance. There were no public speakers.

MOTION by Chairman Tucker to ADOPT ON FIRST READING ORDINANCE 98-12, THE BEACH MANAGEMENT AND VESSEL CONTROL ORDINANCE. Second by Councilman Boyce. Motion carried 6-1. (Councilman Arceri opposed.)

(D) RESOLUTION Petition V-02-04 Request for a 13-foot variance from the side yard setback of 15 feet in order to construct a carport on property commonly known as The Bougainvillea Gardens Condominium, located at 1021 Swallow Avenue, Marco Island, Florida.

City of Marco Island

City Council Minutes for October 7, 2002

(Editorial History: Attorney Jamie Greusel, agent for Bougainvillea Gardens Condominium is requesting a 13-foot variance from the eastern side yard setback of 15 feet to 2 feet and a 4foot variance from the existing front yard setback of 30 feet to 26 feet in order to construct two new carport facilities on the existing parking lot. The Planning Board heard this request at their August 16, 2002 meeting and voted 4-1 to recommend conditional approval of the 13-foot side yard variance request only.)

Mr. Moss read, by title only, Petition V-02-04. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

Representing the petitioner, Attorney Jamie Greusel and Architect Herb Savage reviewed the request and responded to Councils questions.

MOTION by Chairman Tucker to APPROVE PETITION V-02-04. Second by Councilwoman Kelber. Motion carried 5-2. (Councilman Arceri and Vice-Chair Minozzi opposed.)

(E) RESOLUTION Petition SP-02-01, Request for Final Plat Approval for a Three Lot Subdivision.

(Editorial History: Alan Neal of American Engineering, representing Mike Gionet, property owner, seeks approval of a subdivision plat for the purpose of dividing the subject 1.78 acre parcel into three rectangular single family lots for residential use. The owners plan includes consideration for retaining the “Otter” shell walls facing Addison Court and the western property line. The Planning Board met on June 21, 2002 and unanimously recommended approval subject to maintaining the 7.5-foot conservation easement setback from the existing shell walls.)

Mr. Moss read, by title only, Petition SP-02-01. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Representing the petitioner, Mr. Ray Alain responded to Councils questions.

Dr. Faye Biles,1588 Heights Court, commented about the ancient Gumbo Limbo trees on the lots in question and stated her wish to retain them.

MOTION by Councilwoman DiSciullo to APPROVE PETITION SP-02-01. Second by Councilman Arceri. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 7, 2002

Chairman Tucker announced that City Council will hold a special closed meeting on October 15, 2002 at 5:00 p.m. to discuss the litigation settlement of the Cape Marco PUD.

(F) DISCUSSION Request by the VFW to Name the Park Located at North Collier Boulevard and North Barfield Drive.

(Editorial History: At the September 16, 2002 meeting Councilwoman Kelber requested, and Council agreed, to place this item on the agenda for discussion.)

MOTION by Vice-Chair Minozzi to NAME THE PARK AT THE CORNER OF NORTH BARFIELD DRIVE AND NORTH COLLIER BOULEVARD “VETERANS MEMORIAL PARK.” Second by Councilwoman Kelber. Motion carried 7-0.

(G) DISCUSSION Request by Collier County to Enact Limitations on Consumption of Water Through Irrigation.

(Editorial History: A letter dated May 6, 2002 from Jim Coletta, Chairman, Collier County Board of Commissioners requests that the City of Marco Island consider enacting an ordinance to limit the consumption of water through irrigation. Chairman Coletta provided a copy of an ordinance adopted by Collier County and asked that similar limitations apply to Marco Island.)

MOTION by Councilman Boyce to DIRECT THE CITY MANAGER TO PREPARE AN ORDINANCE TO ENACT LIMITATIONS ON CONSUMPTION OF WATER THROUGH IRRIGATION. Second by Councilwoman DiSciullo. Motion carried 7-0.

(H) DISCUSSION Utilization of Marked Police Vehicles by Code Enforcement Officers.

This item was deferred to the October 21, 2002 meeting.

(I) DISCUSSION Sunshine Law

(Editorial History: At the meeting of September 3, 2002 Councilwoman Kelber requested, and Council agreed, to place this item on the agenda for discussion.)

City Attorney Ken Cuyler reviewed for Council the elements of the Sunshine Law.

City of Marco Island

City Council Minutes for October 7, 2002

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman DiSciullo requested that teen awards be presented at the December 2, 2002 Council meeting.

There were no requests for future agenda items.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

There were no public speakers.

There being no further business to come before City Council, the meeting adjourned at 8:00 p.m.

_____________________________________

E. Glenn Tucker, Council Chairman

Laura Litzan, City Clerk

Susan Patton, Council Secretary