City of Marco Island - Regular Meeting - April 7, 2003

THE CITY OF MARCO ISLAND

City Council Meeting April 7, 2003 6:10 p.m.

Chairman Minozzi called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Richard Yovanovich, City Attorney

Greg Niles, Community Development Director

Bill Harrison, Finance Director

Ladd Ryziw, Public Works Director

Dana Souza, Recreation Coordinator

Laura Litzan, City Clerk

Bryan Milk, City Planner

Kelly Smith, Zoning Administrator

Other interested citizens and visitors

PLEDGE OF ALLEGIANCE

By: Michael F. Minozzi, Council Chairman

APPROVAL OF AGENDA

MOTION by Councilwoman DiSciullo to APPROVE THE AGENDA AMENDED TO DEFER THE DISCUSSION OF ITEM (J) TO THE NEXT MEETING, AND ADVANCE ITEM (T). Second by Councilwoman Kelber. Motion carried 7-0.

(I) DISCUSSION 911 / Dispatch Communication Center.

(Editorial History: On January 21, 2003 City Council directed staff to prepare a preliminary report regarding the costs of creating an emergency communications center including 911 answering capabilities and dispatch for both the police and fire departments. The current annual cost for contractual PSAP through the Collier County Sheriffs Office is $180,000.)

Ms. Tina Oscelo, Director of Public Affairs for the Collier County Sheriffs Office, stated that the level of service presently provided has been professional, and that there is a system in place to address the problems.

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

Dr. Fay Biles, Chairman of the EMS Advisory Board, informed Council that there are strict regulations regarding the creation of a dispatch communication center.

Ms. Teresa Morezke (no address provided) stated that she believes there is safe living on Marco Island and thanked Council for providing secure surroundings.

MOTION by Councilman Arceri to DIRECT THE CITY MANAGER TO CONTINUE TO WORK WITH SHERIFF HUNTER TO OPTIMIZE PUBLIC SAFETY COMMUNICATIONS. Second by Councilman Boyce. Motion carried 7-0.

(J) DISCUSSION Annual Level of Service (LOS) Report Concurrency Management System.

Council members acknowledged that they received the report on this issue, and that the discussion of this matter will be held at the next meeting.

(A) Recognition of Service E. Glenn Tucker.

Chairman Minozzi, on behalf of City Council, presented to Vice-Chair Tucker a plaque in recognition of his leadership and exemplary service as Chairman of the Marco Island City Council from March 19, 2001 to March 17, 2003.

(T) DISCUSSION Development of a Dog Park.

(Editorial History: On March 3, 2003 City Council agreed to discuss the possible creation of a dog park on Marco Island.)

Citizens speaking in support of establishing a dog park on Marco Island:

Ms. Peggy Koelle, 334 Rockhill Court

Ms. Shelley McFarland, 794 Amber Drive

Mr. David Ruopp, 1131 Swallow Court

Ms. Cathy Cappelen, 1024 Hartley Avenue

Mr. Jerry Gibson, 2041 San Marco Road

Mr. Tony Diaz, no address provided

Mr. Herb Savage, 816 Elkcam Circle

Mr. Vincent McGee, 165 Firwood

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

Mr. Gil Mueller, 541 Blackmore Court, advised Council that the are many problems associated with such a park, and suggested that a childrens park be built instead.

MOTION by Councilman Arceri to DIRECT THE PARKS AND RECREATION ADVISORY COMMITTEE TO INVESTIGATE POSSIBLE LOCATIONS AND EXPENSES FOR A DOG PARK. Second by Councilwoman DiSciullo. Motion carried 7-0.

(K) ORDINANCE Second Reading & Public Hearing An Ordinance to Amend Existing Signage Regulations.

(Editorial History: This ordinance will allow commercially zoned properties with less than 125 linear feet of street frontage the ability to include up to five (5) tenant names on a ground sign. This ordinance will also allow for the insertion of a small (1.5 square feet) removable sign into the already permitted model home sign face to indicate whether or not the model is open. At the March 17, 2003 meeting City Council adopted this Ordinance on first reading.)

Mr. Moss read, by title only, the Ordinance to Amend Existing Signage Regulations. There was no public comment.

MOTION by Councilwoman DiSciullo to ADOPT ON SECOND READING THE ORDINANCE TO AMEND EXISTING SIGNAGE REGULATIONS. Second by Councilwoman Kelber. Motion carried 7-0.

(L) ORDINANCE Second Reading and Public Hearing Small Scale Comprehensive Plan Amendment SSCPA-03-02, Eastern 300 Feet of Tract C, Unit 17 (Morans Barge Marina) from “Preservation/Conservation” to “Community Commercial”.

(Editorial History: At the direction of City Council, staff has initiated a small scale comprehensive plan amendment to change the future land use map designation for the property. At Councils direction this petition can be addressed through a full-scale comprehensive plan amendment. Staff is ready to incorporate the petitioners request as a full-scale comprehensive plan amendment pursuant to the bi-annual review process authorized by State Law. This action requires reviews from the regional and state planning agencies. At the March 17, 2003 meeting City Council adopted this Ordinance on first reading.)

Mr. Moss read, by title only, the Ordinance Granting Small Scale Comprehensive Plan Amendment SSCPA-03-02, Eastern 300 Feet of Tract C, Unit 17 (Morans Barge Marina) from “Preservation/Conservation” to “Community Commercial”.

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

Representing the petitioner, Attorney William G. Morris reviewed his opinion that the Department of Community Affairs is incorrect in its interpretation regarding the application of the small-scale amendment to this petition.

Speaking in opposition to the ordinance:

Mr. Rich Pappy, 583 Coconut Avenue (representing the Goodland Preservation Coalition)

Ms. Connie Fullmer, 584 Coconut Avenue (representing the Goodland Preservation Coalition)

Ms. Vivian Ellis, 720 South Collier Boulevard (representing the Marco Island Civic Association.)

Mr. Mike Barbush, 840 Palm Avenue, President of the Goodland Civic Association, advised Council that the organization will no longer comment on the matter and thanked Council for their consideration.

Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, reviewed the Planning Boards decision to deny this petition.

Mr. Vincent McGee, 165 Firwood Court, spoke in support of the petition.

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE GRANTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR PETITION SSCPA-03-02. Second by Councilman Boyce. Motion carried 4-3. (Councilwoman Kelber, Councilwoman Patterson and Chairman Minozzi opposed.)

(M) ORDINANCE Second Reading and Public Hearing Petition R-02-02, William G. Morris as agent for Morans Barge Marina, is Requesting a Rezone from A-ST to C-4, Companion to Petition SSCPA-03-02.

(Editorial History: William G. Morris, agent for Morans Barge Marina seeking to rezone .54 acres of “A-ST” (rural agricultural) to “C-4” (general commercial) for the purposes of providing additional density and vehicular parking for development of a new condominium/hotel project. The petitioner proposes to build a 10-story hotel/condo development on the adjacent 1.46-acre “C-4” marina site and include the subject .54acre site for additional density and parking purposes. At the March 17, 2003 meeting City Council adopted this Ordinance on first reading.)

Mr. Moss read, by title only, the Ordinance Related to Petition R-02-02, Requesting a Rezone from A-ST to C-4, companion to Petition SSCPA-03-02. Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk. There was no public comment.

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE RELATING TO PETITON R-02-02. Second by Councilman Boyce. Motion carried 5-2. (Councilwoman Kelber and Chairman Minozzi opposed.)

Recess: 8:20 p.m. to 8:35 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(N) ORDINANCE Second Reading and Public Hearing Amendment to the Conditional Use Section of the CF (Community Facility) Zoning District Standards to Add the Ability to Exceed the 30-Foot Maximum Height for Certain Care Housing Facilities, Subject to Addition Review Criteria.

(Editorial History: At the March 17, 2003 meeting, City Council adopted on first reading an ordinance to amend the conditional use section of the CF (Community Facility) Zoning District Standards (Sec. 30-324), to allow certain care housing facilities to exceed the maximum building height of 30-feet, subject to additional review criteria.)

Mr. Moss read, by title only, the Ordinance Amending the Conditional Use Section of the CF (Community Facility) Zoning District Standards to Add the Ability to Exceed the 30-Foot Maximum Height for Certain Care Housing Facilities, Subject to Addition Review Criteria. Councilman Boyce will abstain from voting on this matter due to conflict of interest. There was no public comment.

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE TO AMEND THE CONDITIONAL USE SECTION OF THE CF (COMMUNITY FACILITY) ZONING DISTRICT TO ADD THE ABILITY TO EXCEED THE 30-FOOT MAXIMUM HEIGHT FOR CERTAIN CARE HOUSING FACILITIES SUBJECT TO ADDITIONAL REVIEW CRITERIA. Second by Councilwoman Patterson. Motion carried 6-0. (Councilman Boyce abstained.)

(Q) RESOLUTION Public Hearing Craig R. Woodward, representing Kinglsey Investment, LLC, is requesting Conditional Use “10” of Section “30-324” of the Community Facility “CF” Zoning District to Increase the Maximum Building Height of Principal Structures from 30 Feet to 50 Feet, in Order to Construct a Continuing Care Retirement Community (The Aviary) on Subject Site.

(Editorial History: On March 21, 2003 the Planning Board voted 4 to 0, with 1 abstention, to recommend conditional approval of this Petition. The Planning Board requested a detailed list of services and amenities for “aging in place”.)

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

Mr. Moss read, by title only, the Resolution Relating to the Conditional Use Petition, CU-03-01, to Increase the Maximum Building Height of Principal Structures from 30 Feet to 50 Feet. Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk. Councilman Boyce will abstain from voting on this matter due to conflict of interest.

Attorney Craig Woodward and Mr. Ed Cleland, the Petitioner, responded to Councils questions.

Dr. Fay Biles, 1588 Heights Court, advised Council that an “assisted living facility” must be licensed to provide services, versus an “independent living facility” where services must be provided by third parties.

Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, recapped for Council the Planning Boards approach to this petition. He questioned whether the entire facility could be licensed as an Assisted Living Facility.

MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION RELATING TO THE CONDITIONAL USE PETITION CU-03-01, TO INCREASE THE MAXIMUM BUILDING HEIGHT OF PRINCIPAL STRUCTURES FROM 30 FEET TO 50 FEET. Second by Councilwoman DiSciullo. Motion carried 5-1. (Councilwoman Patterson opposed, Councilman Boyce abstained.)

MOTION by Vice-Chair Tucker to SUSPEND THE 9:00 RULE. Second by Councilman Arceri. Motion carried 7-0.

(O) ORDINANCE Second Reading and Public Hearing Small Scale Comprehensive Plan Amendment SSCPA-03-01, Tract “L” MB Unit 5, from “Low Density Residential” to “Community Commercial”, Approximately 0.38 Acre.

(Editorial History: Margot Knauerhase of ERA Real Estate, representing Gottfried and Thelka Zielke, is requesting a small scale comprehensive plan amendment to change the future land use map designation for this property. The property is a vacant corner lot, approximately 0.38 acre in size. At the March 17, 2003 meeting City Council adopted this Ordinance on first reading.)

Mr. Moss read, by title only, the Ordinance Requesting a Small Scale Comprehensive Amendment for Petition SSCPA-03-01. There was no public comment.

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE GRANTING A SMALL SCALE COMPREHENSIVE AMENDMENT FOR PETITON SSCPA-03-01. Second by Councilman Boyce. Motion carried 6-1. (Councilwoman Kelber opposed.)

(P) ORDINANCE Second Reading and Public Hearing Rezoning from RSF-3 to C-1T, Petition R-03-01, Companion to Petition SSCPA-03-01.

(Editorial History: Margot Knauerhase of ERA Real Estate, representing Gottfried and Thelka Zielke requesting a rezone from “RSF-3” (single family residential) to “C-1/T” (transitional commercial), for property located at the southeast intersection of South Barfield Drive and Hawaii Circle. At the March 17, 2003 meeting City Council adopted this Ordinance on first reading.)

Mr. Moss read, by title only, the Ordinance requesting Rezoning Action for RSF-3 to C-1/T, Petition R-03-01, Companion to SSCPA-03-01. Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk. There was no public comment.

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE RELATING TO PETITION R-03-01. Second by Councilman Boyce. Motion carried 6-1. (Councilwoman Kelber opposed.)

(R) RESOLUTION Reconsideration of Petition V-03-01, Requesting a 2.5 Foot Variance from the 18-Foot Front Yard Depth Requirement for a Single-Family House Located at 1472 Butterfield Court, Marco Island.

(Editorial History: On February 3, 2003 the Marco Island City Council held a public hearing to consider a request for a variance from the required 18-foot front yard depth for a new home under construction at 1472 Butterfield Court. At the conclusion of the public hearing the City Council voted to deny the variance requested.)

Mr. Moss read, by title only, the Resolution requesting reconsideration of V-03-01, requesting a 2.5-foot variance from the 18-foot front yard depth requirement for single-family homes. Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk.

Attorney Craig Woodward, representing the petitioner, Attorney Donald Pickworth, representing Wayne Homes, and Mr. John Maloney, representing Wilson Miller (the property surveyor) reviewed the petition and responded to Councils questions.

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

Citizens speaking in favor of the petition:

Mr. Sam Borr, 1471 Butterfield Court

Mr. Nate Broder, 1465 Firwood Court

Mr. Bob Peters, 1474 Butterfield Court

Mr. Dave Everson, 911 Hyacinth Court

Mr. Jeff Madenford, 581 North Barfield Drive

Ms. Elizabeth Poletti, 1475 Butterfield Court

Citizens speaking in opposition to the petition:

Mr. Ted Kline, 1468 Firwood Court

Mr. Bill Walsh, 1458 Firwood Court

MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION RELATING TO PETITION V-03-01. Second by Councilman Boyce. Motion carried 7-0.

(S) DISCUSSION / APPEAL An Appeal Filed by Vincent A. Cautero, Representing Calusa Island Marina, Marco Shores, Appealing an Official Interpretation that Any Introduction of Hotel Units at the Goodland Marina Would Be Subject to Residential Density Calculations.

(Editorial History: On January 21, 2003 an Official Interpretation was rendered pursuant to the Calusa Island Marina, a component of the Marco Shores PUD. The interpretation stated that, “any introduction of hotel units at the Goodland Marina would be subject to residential density calculations as specified in the LDC.”)

Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk.

Representing the property owner, Mr. Vince Cautero presented the request for the appeal of the official interpretation. Mr. Chris Dane, the property owner, requested that Council re-evaluate the interpretation.

Ms. Connie Fullmer, 584 Coconut Avenue, representing the Goodland Preservation Coalition, spoke in favor of the interpretation rendered by staff.

MOTION by Vice-Chair Tucker to OVER-RIDE THE COMMUNITY DEVELOPMENT DIRECTORS INTERPRETATION. Second by Councilman Boyce. (Second withdrawn following discussion; motion failed for lack of a second.)

City of Marco Island

City Council Minutes for April 7, 2003 (6:00 p.m. meeting)

MOTION by Councilman Boyce to AFFIRM THE OFFICIAL INTERPRETATION. Second by Councilwoman Kelber. Motion carried 6-1. (Vice-Chair Tucker opposed.)

COUNCIL COMMUNICATIONS

There were no Council communications.

There were no requests for items for a future agenda.

There was no public comment.

There being no further business to come before City Council, the meeting adjourned at 11:08 p.m.

____________________________________

Michael F. Minozzi, Council Chairman

Date: ------______________

Laura Litzan, City Clerk

Susan Patton, Council Secretary