THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – May 5, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Michael Murphy, Fire Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Greg Niles, Community Development Director
APPROVAL OF AGENDA
MOTION by Councilwoman Kelber to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 7-0.
APPROVAL OF MINUTES
MOTION by Vice-Chair Tucker to APPROVE THE MINUTES FOR APRIL 21, 2003. Second by Councilwoman DiSciullo. Motion carried 7-0.
BUSINESS
(A) RESOLUTION(S) – To Commend Anne Henegan, the Friends of Art, and the Marco Island YMCA.
(Editorial History: On April 21, 2003 City Council accepted the “Homeland Dolphin” as a gift to the City from Anne Henegan who donated $3,000 as a patron and $6,000 for the purchase of the ”Homeland Dolphin” at the Dolphin Debut Auction.)
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Mr. Moss read, by title only, the Resolution to Commend Anne Henegan for the “Homeland Dolphin” Gift to Marco Island. Mr. Moss read, by title only, the Resolution to Commend the Friends of Art, The Marco Island YMCA, the Patrons, and the Artists Who Organized and Supported the Dolphin Debut.
On behalf of City Council, Chairman Minozzi presented the Resolution to Anne Henegan, thanking her for her generous gift. Additionally, Chairman Minozzi presented Resolutions to Ms. Cheryl Ferrara, representing the Marco Island YMCA, and Mr. Charlie Horn, representing the Friends of Art, for their contributions.
MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION COMMENDING ANNE HENEGAN FOR THE GIFT OF THE “HOMELAND DOLPHIN”. Second by Councilman Boyce. Motion carried 7-0.
MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION COMMENDING FRIENDS OF ART, THE MARCO ISLAND YMCA, THE PATRONS AND ARTISTS WHO ORGANIZED AND SUPPORTED THE DOLPHIN DEBUT. Second by Councilwoman DiSciullo. Motion carried 7-0.
(B) RESOLUTION – A Resolution to Commend Fire Captain Donald J. Jones, Paramedic of the Year for the State of Florida.
(Editorial History: On April 8, 2003 Captain Donald J. Jones was honored by the Governor and the State Cabinet in Tallahassee as Paramedic of the Year for the State of Florida. Captain Jones was selected because of his professional and personal commitment to the citizens of Marco Island. Captain Jones exemplifies through his actions both devotion and concern to those in need. Captain Jones is often the first to take up a community concern whether a fund raiser for an ill child, a senior citizen needing additional assistance, or a group or organization wanting to learn CPR. The residents of Marco Island can truly be proud of this individual and the deserving award bestowed upon him by the Governor and his peers.)
Mr. Moss read, by title only, the Resolution Commending Fire Captain Donald J. Jones, Paramedic of the Year for the State of Florida.
On behalf of City Council, Chairman Minozzi presented the Resolution to Captain Don Jones, thanking him for a job well done. Captain Jones expressed his appreciation to Council for the recognition and asked that those in attendance recognize that this honor is shared by the entire department.
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MOTION by Councilwoman DiSciullo to APPROVE THE RESOLUTION COMMENDING FIRE CAPTAIN DONALD J. JONES, PARAMEDIC OF THE YEAR FOR THE STATE OF FLORIDA. Second by Councilwoman Kelber. Motion carried 7-0.
(C) RESOULUTION – Public Hearing – Petition V-03-05, Frederick C. Kramer, agent for Robert D. and Joyce A. McFarland, property owners, requesting a 2.5-foot variance from the required 18-foot front yard setback requirement for an addition to an existing single family house on property located at 1084 Dill Court, Marco Island.
(Editorial History: Recently the property owner applied for a building permit to construct a second story addition over the master bedroom of the existing single-family house. During the review of the building permit application it was discovered that the existing house does not comply with the City’s required 25-foot front yard setback. The existing structure was built in 1987 and complied with applicable Collier County setback and zoning regulations at the time of construction. While the encroachments of the existing house can be rectified through an administrative variance, an administrative variance could not be utilized for the proposed addition.)
Mr. Moss read, by title only, the Resolution relating to Petition V-03-05. 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 APPROVE THE RESOLUTION RELATING TO PETITON V-03-05. Second by Councilwoman Kelber. Motion carried 7-0.
(D) RESOLUTION – Public Hearing – Petition V-03-04, James Lawson, property owner, requesting a 3.25-foot variance from the required 18-foot front yard depth requirement for a single-family house on property located a 569 5th Avenue, Marco Island.
(Editorial History: The subject property is an irregularly shaped lot which is smaller than a typical lot on Marco Island. The area encroachment is the front porch for the proposed single-family house. The encroachment is approximately 50 square feet in size, however, the area is a non-air-conditioned space. Staff is of the opinion that a literal interpretation of the Land Development Code would create an undue hardship for the property owner.)
Mr. Moss read, by title only, the Resolution relating to Petition V-03-04. Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk. There was no public comment.
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MOTION by Councilman Boyce to APPROVE THE RESOLUTION RELATING TO PETITION V-03-04. Second by Vice-Chair Tucker. Motion carried 7-0.
(E) DISCUSSION – Response to DCA Regarding Small Scale Comprehensive Plan Amendments.
(Editorial History: On April 11, 2003 staff sent required notice to the Department of Community Affairs (DCA) advising the Department of two small scale comprehensive plan amendments approved by City Council. On April 15th staff received a letter from DCA stating, “…After a preliminary review it appears that the amendment fails to qualify as a small scale development amendment…”. The reason stated is that the amendment involves a residential land use with a density greater than 10 units per acre.)
Public Comment
Attorney William G. Morris, representing the owner of Moran’s Barge, expressed his client’s desire to go forward with the large scale amendment, if staff can expedite the process.
Mr. Bill Patterson, representing the Marco Island Civic Association, spoke in opposition to both large scale requests. He asked that the proceedings be halted because it would result in spot zoning.
Ms. Mandy Simmons, representing the Goodland Preservation Coalition, spoke in favor of the large scale amendment.
MOTION by Councilman Boyce to ADOPT OPTION 2: RETURN THE AMENDMENT PACKAGE TO THE CITY WITH THE UNDERSTANDING THAT THE CITY WILL RESCIND AND SUBMIT THE AMENDMENT WITH ITS NEXT LARGE SCALE AMENDMENT CYCLE. Second by Councilman Arceri. Motion carried 5-2. (Councilwoman Kelber and Chairman Minozzi opposed.)
(F) DISCUSSION - Acquisition of Florida Water Services.
(Editorial History: On April 16, 2003 representatives from the cities of Marco Island, Palm Coast, and Deltona, and Hernando County met with representatives of Florida Water Services Corporation (FWSC). Representatives from the four local governments offered to purchase Florida Water Services assets within their jurisdictions through a cooperative effort. The discussions were sufficiently encouraging that the local governments have continued to work together to develop a purchase and sale agreement for consideration by FWSC.)
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City Manager Moss reviewed for Council the status of the negotiations to acquire the utility assets and the associated costs related to the purchase.
MOTION by Councilwoman Kelber to AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO ACQUIRE UTILITY ASSETS. Second by Councilman Boyce. Motion carried 7-0.
(G) DISCUSSION – Allocation of Funds for Litigation Expenses Regarding Boat Dock Moratorium Legislation.
(Editorial History: On January 21, 2003 Council approved Resolution 03-04 describing how pending boat dock moratorium legislation will adversely impact the City of Marco Island, and urging the intervention of State and Federal Officials to resolve the situation.)
Chairman Minozzi informed Council that the U.S. Fish and Wildlife Department has withdrawn its proposed ruling, and that it appears that Collier County is in a better position by the lack of action taken.
MOTION by Vice-Chair Tucker to ALLOCATE $10,000 TO THE CAPE CORAL LEGAL FUND WITH DISBURSEMENT TO BE DETERMINED BY THE CITY MANAGER. Second by Councilwoman Patterson. Motion carried 7-0.
COUNCIL COMMUNICATIONS
Councilwoman Patterson questioned whether other council members had received e-mail regarding the “tower” at a home on Kendall Drive.
Councilman Arceri questioned whether other council members were receiving complaints on commercial lawn mowing being done at 8:30/9:00 pm.
FUTURE AGENDA
There were no requests for items for future agendas.
PUBLIC COMMENT
There was no public comment.
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ADJOURN
There being no further business to come before Council, the meeting adjourned at 7:55 p.m.
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Michael F. Minozzi Jr., Council Chairman
Date: ------______________
ATTEST:
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Laura Litzan, City Clerk
Date:
PREPARED BY:
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Susan Patton, Council Secretary
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