City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting November 4, 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, 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 Chairman Tucker to APPROVE THE AGENDA AMENDED TO DEFER ITEMS 6I, 6K, 6L, AND 6M TO THE DECEMBER 2, 2002 MEETING. Second by Councilwoman Kelber. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for October 21, 2002 Workshop Meeting.

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR OCTOBER 21, 2002 WORKSHOP MEETING. Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for November 4, 2002

(B) Council Minutes for October 21, 2002 Regular Meeting.

MOTION by Councilwoman Patterson to APPROVE THE MINUTES FOR OCTOBER 21, 2002 REGULAR MEETING. Second by Vice-Chair Minozzi. Motion carried 7-0.

(A) “Dolphin Debut” William G. Morris, YMCA Board of Directors.

Mr. William G. Morris, President-Elect of the YMCA Board of Directors, requested Councils support for a new joint fund-raising project benefiting the Art League of Marco Island and the YMCA called “Dolphin Debut.”

(A) ORDINANCE Second Reading and Public Hearing An Ordinance to Enact Limitations on Consumption of Water Through Irrigation.

(Editorial History: On October 7, 2002 City Council reviewed a request from Jim Coletta, Chairman, Board of Collier County Commissioners, requesting that City Council consider enacting an ordinance to limit the consumption of water through irrigation. The ordinance has been modified to reflect the changes that Council requested.)

Mr. Moss read, by title only, the Ordinance to Enact Limitations on Consumption of Water Through Irrigation.

Mrs. Jane Scanlon, 582 Fieldstone Drive, expressed concern regarding water ending up on roadways due to wind and water pressure and not as a result of wrong doing on the part of the homeowner.

MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ENACT LIMITATIONS ON CONSUMPTION OF WATER THROUGH IRRIGATION. Second by Councilman Boyce. Motion carried 5-2. (Councilman Arceri and Councilwoman Patterson opposed.)

City of Marco Island

City Council Minutes for November 4, 2002

(B) ORDINANCE Second Reading and Public Hearing Ordinance to Amend Chapter 30, Article II, Division 13, Planned Unit Developments.

(Editorial History: At the City Council meeting of October 21, 2002, Council adopted on first reading an ordinance to amend the minimum acreage requirements for project eligibility for consideration as a PUD rezone. The amendment calls for a minimum of 10 acres outside the Town Center overlay; 5 acres inside the Town Center overlay; and 2.5 acres for qualified redevelopment projects inside the Town Center overlay. Criteria for consideration as a redevelopment project were also included in the ordinance.)

Mr. Moss read, by title only, the Ordinance to Amend Chapter 30, Article II, Division 13, Planned Unit Developments. There were no public speakers.

MOTION by Councilwoman Patterson to ADOPT ON SECOND READING THE ORDINANCE TO AMEND CHAPTER 30, ARTICLE II, DIVISION 13, PLANNED UNIT DEVELOPMENT. Second by Councilwoman DiSciullo. Motion carried 7-0.

(C) ORDINANCE Second Reading and Public Hearing An Ordinance to Authorize Nonvoting Membership on the Planning Board.

(Editorial History: At the City Council meeting of October 21, 2002, Council adopted on first reading an ordinance to grant nonvoting member status on the Planning Board to an appointee from the School District. This ordinance is necessary to ensure compliance with a recent change to Section 163.3174, Florida Statutes.)

Mr. Moss read, by title only, the Ordinance to Authorize Nonvoting Membership on the Planning Board. There were no public speakers.

MOTION by Councilwoman Patterson to ADOPT ON SECOND READING THE ORDINANCE TO AUTHORIZE NONVOTING MEMBERSHIP ON THE PLANNING BOARD. Second by Councilwoman DiSciullo. Motion carried 7-0.

(D) ORDINANCE Second Reading and Public Hearing An Ordinance to Establish New Supplemental District Standards and Regulations.

(Editorial History: At the meeting of October 21, 2002, City Council adopted on first reading an ordinance to establish new supplemental district standards and regulations to enhance the Citys Land Development Code. The ordinance has been modified to reflect the changes that Council requested.)

City of Marco Island

City Council Minutes for November 4, 2002

Mr. Moss read, by title only, the Ordinance to Establish New Supplemental District Standards and Regulations. There were no public speakers.

MOTION by Councilwoman Patterson to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW SUPPLEMENTAL DISTRICT STANDARDS AND REGULATIONS AMENDED TO REMOVE GUEST HOUSE FRONTAGE RESTRICTIONS AND EXTEND BOAT SALE PERMITS TO SIXTY (60) DAYS. Second by Chairman Tucker. Motion carried 7-0.

(E) ORDINANCE First Reading An Ordinance to Establish New Land Development Code Definitions.

(Editorial History: An ordinance to establish a definition section for the Land Development Code has been developed. The definitions presented in the ordinance have been subjected to a thorough review by staff and the Planning Board. Throughout the review process the list of entries has been substantially decreased by eliminating extraneous entries, and by providing links to existing definitions found elsewhere in the City Code.)

Mr. Moss read, by title only, the Ordinance to Establish New Land Development Code Definitions. There were no public speakers.

MOTION by Councilman Arceri to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW LAND DEVELOPMENT CODE DEFINITIONS. Second by Councilman Boyce. Motion carried 7-0.

(F) RESOLUTION A Resolution Authorizing the Issuance of Capital Improvement Revenue Bonds, Series 2003.

(Editorial History: The Citys Capital Improvements Program Budget shows a total of $4,221,500 in capital projects to be financed by bonds over the next two years. The first step in this process is approval of a bond resolution. Projects in 2003 and 2004 are combined to address bond validation at one time and to avoid duplication of costs of bond issuance. The bond resolution authorizes not to exceed $6 million in bonds to provide a reasonable cushion for bond issuance costs, the potential of selling discount bonds if the market indicates, and for unanticipated costs of the identified projects over the next two years. The bond resolution provides essential authorization in three areas: authorizes the Bond Counsel and City Attorney to begin the bond validation process, authorizes the Financial Advisor to the City to begin work on the bond issue, and authorizes the City to expend funds on projects identified to be financed by the bonds prior to bond issuance and to be repaid for costs incurred when the bonds are issued.)

City of Marco Island

City Council Minutes for November 4, 2002

Mr. Moss read, by title only, the Resolution Authorizing the Issuance of Capital Improvement Revenue Bonds, Series 2003.

Mr. Bryant Dwyer of the firm Bryant, Miller and Olive, and Mr. John White of First Southtrust Company, responded to Councils questions. There were no public speakers.

MOTION by Chairman Tucker to APPROVE THE RESOLUTION AUTHORIZING THE ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2003. Second by Councilwoman Kelber. Motion carried 7-0.

(G) RESOLUTION A Resolution to Affirm Spending Cap Policies.

MOTION by Councilwoman Kelber to CONTINUE ITEM 6G TO THE DECEMBER 2, 2002 MEETING. Second by Chairman Tucker. No vote was taken. Motion carried by tacit approval.

(H) RESOLUTION Petition V-02-08, Custom Dock & Repair, Inc., as agent for David W. Groetsch Sr. and Kathleen Ann Groetsch, property owners, requesting a 7.5-foot variance from the required 15-foot side yard setback for a boat dock facility on property located at 858 Hyacinth Court, further described as Marco Beach Unit 11, Block 357, Lot 13, Marco Island.

(Editorial History: The City Council will be acting as the Citys Board of Zoning Appeals in this matter. The Planning Board heard this request at their October 11, 2002 meeting and voted 7-0 to recommend denial of Petition V-02-08 to City Council. At that meeting the Planning Board also held a public hearing to consider an accompanying request for a 10-foot boat dock extension and voted 7 to 0 to approve the extension as requested.)

Mr. Moss read, by title only, Petition V-02-08. Each council member made his or her ex-parte disclosure. All witnesses were sworn in by the City Clerk.

Representing the petitioner, Ms. Lisa Smith of Custom Dock and Repair, Inc. reviewed the petition and responded to Councils questions. There were no public speakers.

MOTION by Vice-Chair Minozzi to DENY PETITION V-02-08. Second by Councilwoman Kelber. Motion carried 6-1. (Chairman Tucker opposed.)

City of Marco Island

City Council Minutes for November 4, 2002

(I) RESOLUTION A Resolution to Support a New Hospital.

This item was deferred at the beginning of the meeting.

(J) DISCUSSION Recommended Streets for District IV Sidewalk Assessment

(Editorial History: As part of the CIP budget for fiscal year 2003, City Council authorized the District IV Sidewalk Assessment Project. The approved budget for administering the sidewalk design and construction stages during fiscal year 2003, including inspections and associated drainage improvements, is $400,000.)

MOTION by Vice-Chair Minozzi to APPROVE THE RECOMMENDED STREETS FOR THE DISTRICT IV SIDEWALK ASSESSMENT PROJECT. Second by Councilman Arceri. Motion carried 7-0.

(K) DISCUSSION Status Report on Engineering Designs for the SS Judge Jolley Bridge.

This Item was deferred at the beginning of the meeting.

(L) DISCUSSION Community Communications.

This Item was deferred at the beginning of the meeting

(M) DISCUSSION Appointment to the Fire Pension Board.

This Item was deferred at the beginning of the meeting

(N) DISCUSSION City Council 2003 Meeting Schedule

(Editorial History: The City Charter requires that City Council schedule a minimum of twelve regular meetings each year. Attached for discussion is a proposed schedule of City Council meetings for 2003. When the first or third Monday falls on a federal holiday the meeting is scheduled for the following Tuesday.)

MOTION by Councilman Arceri to ADOPT THE CITY COUNCIL 2003 MEETING SCHEDULE AS PRESENTED. Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for November 4, 2002

(O) DISCUSSION Schedule “Closed” Meeting to Discuss Litigation Strategy Relating to the Condemnation of Florida Water Services, Inc.

(Editorial History: The Citys Utility Counsel, Rose, Sundstrom, and Bentley, and condemnation Counsel, Ulmer, Hicks, and Schreiber, have requested a “closed” meeting with City Council to discuss litigation strategy.)

MOTION by Chairman Tucker to SCHEDULE A “CLOSED” MEETING TO DISCUSS LITIGATION STRATEGY RELATING TO THE CONDEMNATION OF FLORIDA WATER SERVICES, INC. UTILITY SYSTEM SERVING MARCO ISLAND / MARCO SHORES FOR NOVEMBER 13, 2002 AT 5:00 P.M. AT CITY HALL. Second by Vice-Chair Minozzi. Motion carried 7-0.

(P) DISCUSSION A Resolution Opposing the Utility System Asset Acquisition Agreement Between Florida Water Services Authority and Florida Water Services.

(Editorial History: City Officials have learned that the Florida Water Services Authority intends to hold a public hearing at 9:00 a.m. on November 18, 2002 at the Hyatt Regency Orlando International Airport. The proposed resolution will be entered into the record at the public hearing. This agenda item is also scheduled to encourage any other discussion and action pertinent to the Marco Island utility system and/or proposed acquisition.)

Mr. Moss read, by title only, the Resolution Opposing the Utility System Asset Acquisition Agreement Between Florida Water Services Authority and Florida Water Services Corporation.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION OPPOSING THE UTILITY SYSTEM ASSET ACQUISITION AGREEMENT BETWEEN FLORIDA WATER SERVICES AUTHORITY AND FLORIDA WATER SERVICES CORPORATION. Second by Councilwoman Kelber. Motion carried 7-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

There were no communications from council members or discussion.

There were no requests from council members for future agenda items.

City of Marco Island

City Council Minutes for November 4, 2002

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 8:25 p.m.

____________________________________

E. Glenn Tucker, Council Chairman

Laura Litzan, City Clerk

Susan Patton, Council Secretary