THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – December 1, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present (Councilwoman Kelber arrived at 6:15)
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Vladimir Ryziw, Public Works Director
Mike Murphy, Fire Chief
Roger Reinke, Police Chief
Laura Litzan, City Clerk
Bryan Milk, City Planner
Kelly Smith, Zoning Administrator
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Greg Niles, Community Development Director
APPROVAL OF AGENDA
MOTION by Councilwoman Patterson to APPROVE THE AGENDA. Second by Councilwoman DiSciullo. Motion carried 6-0.
APPROVAL OF MINUTES
(A) November 10, 2003 Regular Meeting.
MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR THE NOVEMBER 10, 2003 REGULAR MEETING. Second by Councilwoman Patterson. Motion carried 6-0.
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PRESENTATIONS
(A) Code Enforcement Annual Report.
Chief of Code Compliance, John Goodspeed highlighted code enforcement activities for Fiscal Year 2003 and responded to Council’s questions.
(B) Calusa Garden Club Monetary Gift for Tracts “C” and “D” Park/Path Improvement.
(Editorial History: The Calusa Garden Club has decided to bestow a $10,000 gift to the City and requests a commemorative site feature. The specific request involves approval of an engraved inscription on either a drinking / decorative water fountain or an aesthetic garden boulder at the Tract “C” and “D” Linear Park and Shared Use Path project. Desired wording for the engraved inscription would read, “Portions of this park were underwritten by the Calusa Garden Club”. Staff will determine the final location.)
Representing the Calusa Garden Club, Ms. Sydney S. Mellinger and Ms. Kathryn Lord presented a check in the amount of $10,000 for improvements.
MOTION by Chairman Minozzi to ACCEPT THE CALUSA GARDEN CLUB’S DONATION IN THE AMOUNT OF $10,000 FOR COMMUNITY LANDSCAPING AND PARK IMPROVEMENTS. Second by Vice-Chair Tucker. Motion carried 7-0.
BUSINESS
(A) RESOLUTION – A Resolution Supporting Adoption of Coastal Advisory Committee (CAC) and Tourist Development Committee (TDC) Recommendations for Beach Renourishment.
(Editorial History: As requested by City Council on November 17, 2003, Councilman Arceri has coordinated efforts with the City of Naples and many other organizations to assist Collier County in the development of a TDC beach funding policy. Councilman Arceri recommends adoption of the proposed resolution.)
Mr. Moss read, by title only, the Resolution supporting Adoption of Coastal Advisory Committee (CAC) and Tourist Development Committee (TDC) Recommendations for Beach Renourishment.
Public Comment
Mr. David Somers, General Manager of Hideaway Beach, thanked Council for their support.
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MOTION by Councilman Boyce to ADOPT THE RESOLUTION SUPPORTING THE NEW RECOMMENDED BEACH FUNDING POLICY DEVELOPED BY THE COUNTY STAFF AND BEING PROPOSED TO THE BOARD OF COUNTY COMMISSIONERS AT THE DECEMBER 2, 2003 PUBLIC MEETING, MODIFIED TO SUBSTITUTE “CITY” FOR “RESIDENTS” IN THE LAST PARAGRAPH ON PAGE 3. Second by Councilwoman Patterson. Motion carried 7-0.
(B) RESOLUTION – Petitions BD-03-21, V-03-08, and V-03-09, Blake Wishart of Marco Dock and Lift, Inc., as agent for Gulf Coast Acquisitions, Inc., and Dan and Maxine Collardey, property owners, is requesting a 7.5-foot variance from the required 7.5-foot riparian line setback and a 24-foot extension from the maximum permitted 14-foot protrusion into the waterway to allow for a joint boat docking facility to accommodate Old Marco Village, Block 1, Lot 39 (Gulf Coast Acquisitions, Inc.) and Old Marco Village, Block 2, Lot 1 (Collardey).
Mr. Moss read, by title only, the Resolution relating to Petitions BD-03-21, V-03-08, BD-03-22, and V-03-09.
Mr. Moss read, by title only, Petition OSP-03-03. All Council members made their ex-parte disclosures. The City Clerk swore in all witnesses. Vice-Chair Tucker recuised himself because the petitioners are clients.
Representing the petitioner, Mr. Blake Wishart reviewed the petition and responded to Council’s questions.
Public Comment
Attorney Fred Kramer, representing neighbors Raymond and Mildred Smith, advised Council that “Exhibit D” is not consistent with the language of the Resolution; that the Resolutions are in error; and that his clients oppose approval of the petitions.
Ms. Janet Cunningham, 1152 Eddington Place, spoke in opposition to the Petition.
Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, recapped the Planning Board’s decision on the matter.
MOTION by Councilman Arceri to REMAND PETITONS BD-03-21, V-03-08, BD-03-22, AND V-03-09 BACK TO THE PLANNING BOARD FOR FURTHER CONSIDERATION AND REVIEW FOLLOWING THE SUBMITTAL OF ACCURATE DRAWINGS. Second by Councilwoman Patterson. Motion carried 6-0. (Vice-Chair Tucker abstained.)
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(C) DISCUSSION – Tree Ordinance for Tree City USA Designation.
(Editorial History: The City’s Beautification Advisory Committee has recommended that the City of Marco Island become certified as a member of Tree City USA, which is a forestry program sponsored by the National Arbor Day Foundation in cooperation with the USDA.)
Council agreed to bring an ordinance back for consideration at a future date.
Recess: 7:23 p.m. to 7:33 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
MOTION by Chairman Minozzi to SUSPEND THE 9:00 RULE. Second by Councilman Arceri. Motion carried 7-0.
(D) DISCUSSION – Request to Amend the Current Development Agreement for the Esplanade Site.
(Editorial History: At the meeting of October 6, 2003 City Council unanimously supported a request by the Esplanade’s Developer to pursue specific amendments to the current Development Agreement to address a desired café/gazebo to be located in the central plaza area of the project. The developer is seeking three substantive amendments to the document in conjunction with a number of minor non-substantive text updates.)
All Council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Attorney Clay Brooker, representing the petitioner, reviewed the petition to amend the development agreement and responded to Council’s questions.
Public Comment
Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, reviewed the Planning Board’s decision regarding this matter.
Mr. Tony Westphal, 665 Dorando Court, spoke in opposition to the petition.
Mr. Thomas Dawber, 378 Wales Court, expressed concern about how this occurred and stated his opposition.
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Mr. Richard Schoen, 1815 Woodbine Court, voiced his concern that it appears that a large developer gets special treatment.
Mr. Herbert Schinberg, 394 Periwinkle, stated his concern that first there was to be an amphitheater, then there wasn’t.
Ms. Lois Brantford, 837 North Barfield Drive, spoke in opposition to the petition.
Mr. Vince Collas, new owner at the Esplanade, spoke in support of the petition.
MOTION by Councilman Arceri to APPROVE DEVELOPMENT AGREEMENT AMENDMENTS, MODIFIED TO RESTRICT THE CAFÉ/GAZEBO SERVICE TO 10:00 P.M. WITH COMPLETE SHUTDOWN BY 10:30 P.M.; SCHEDULE FOUR REVISIONS TO SHOW NO MORE THAN 88 SEATS UNDER THE GAZEBO; AND REQUIRE NO AMPLIFIED MUSIC THROUGHOUT THE COMPLEX, EXCEPT BY SPECIAL PERMIT. Second by Councilman Boyce. No vote taken. (Ed Note: motion to "table this matter" that follows supercedes this motion.)
MOTION by Vice-Chair Tucker to TABLE THIS MATTER UNTIL THE NEXT MEETING TO CONSIDER THE FINAL DRAFT OF THE PROPOSED AMENDMENT. Second by Councilwoman Kelber. Motion carried 7-0.
(E) DISCUSSION – Appeal of Code Enforcement Board Decision Regarding Telecommunications Tower.
(Editorial History: On Tuesday, November 11, 2003 the Code Enforcement Board considered the case of City Council v. Stephen Kahn. After hearing arguments from both sides, the Code Enforcement Board voted 5-1 “that the finding of fact and conclusions of law are that there is no need for a conditional use permit in this case.”)
Attorney Monte Lazarus, representing Mr. and Mrs. Kahn, stated that he has wanted to negotiate this matter prior to now.
Public Comment
Mr. Phil Ridge, 610 Lewis Court, stated his belief that the Kahns ignored the conditional use process.
Mr. Kjell Pettersen, 350 Rockhill Court, spoke in agreement that the Code Enforcement Board should be abolished and that no compromise should be allowed.
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Mr. Roger Parcelles, 600 Lewis Court, voiced his opinion that the conditional use process is important and that the appeal should go forward.
Mr. Fred Lifton (no address) informed Council that the matter needs to be resolved and stated that this is a blatant disregard for one’s neighbors.
Mr. Mike Putnam (no address) spoke in favor of a settlement of this matter.
Mr. Curtis Henry, 197 Stillwater Court, voiced his concern at the commentary regarding the Code Enforcement Board.
MOTION by Vice-Chair Tucker to FILE THE APPEAL AND DIRECT SPECIAL COUNSEL TO ENGAGE IN MEDIATION IN AN ATTEMPT TO FORGE A SETTLEMENT IN LIEU OF LITIGATION FOR A PERIOD OF 45 DAYS, DURING WHICH TIME NO FURTHER ACTION WILL BE TAKEN. Second by Councilman Boyce. No vote was taken on the motion.
MOTION by Vice-Chair Tucker to FILE THE APPEAL AND DIRECT SPECIAL COUNSEL TO ENGAGE IN MEDIATION IN AN ATTEMPT TO FORGE A SETTLEMENT IN LIEU OF LITIGATION FOR A PERIOD OF 45 DAYS, DURING WHICH TIME NO FURTHER ACTION WILL BE TAKEN. THE RECOMMENDED SETTLEMENT WILL BE REVIEWED BY CITY COUNCIL. Second by Councilman Arceri. Motion carried 4-3 (Councilwomen DiSciullo and Kelber and Councilman Boyce opposed.)
MOTION by Vice-Chair Tucker to APPOINT COUNCILMAN BOYCE TO MEDIATE ON BEHALF OF COUNCIL. Second by Councilman Arceri. Motion carried 7-0.
Recess: 10:08 p.m. to 10:16 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(F) DISCUSSION – Approval of Marco Walk Development Agreement.
(Editorial History: The owner of the Marco Walk Shopping Center, Venetian Investments, LLC) has submitted a Site Development Plan (SDP) application for redevelopment of existing transportation and stormwater management site improvements. Mr. Leon Agami, Managing Member, represents the owner.)
Bob Mulhare, representing the property owner, expressed appreciation for Council’s support.
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MOTION by Councilman Boyce to APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH VENETIAN INVESTMENTS, LLC FOR CONSTRUCTION OF ROADWAY AND UTILITY IMPROVEMENTS, AMENDED TO REQUIRE THE AGREEMENT INCORPORATE LEGAL REQUIREMENTS RECOMMENDED BY THE CITY ATTORNEY. Second by Councilwoman Kelber. Motion carried 7-0.
(G) DISCUSSION – Ownership Transfer of North Collier Boulevard from FDOT to the City of Marco Island.
(Editorial History: On July 21, 2003 City Council approved a Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) for the North Collier Boulevard improvement corridor or S.R. 951 between San Marco Road and Buttonwood Court. FDOT recently notified City staff of its alternate desire to advance the legal transfer of ownership of North Collier Boulevard to the City by three years through the immediate execution of a Road Transfer Agreement. A financial commitment offered by FDOT as part of the advanced RTA proposal includes the simultaneous lump sum payment of $2,870,091 by January 2004.)
MOTION by Councilman Boyce to APPROVE FDOT AGREEMENT TO TRANSFER OWNERSHIP OF NORTH COLLIER BOULEVARD. Second by Councilwoman Kelber. Motion carried 7-0.
(H) DISCUSSION – Approval of City Council 2004 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 2004. When the first or third Monday falls on a federal holiday the meeting is scheduled for the following Tuesday.)
MOTION by Councilwoman DiSciullo to ADOPT THE CITY COUNCIL 2004 SCHEDULE. Second by Councilman Boyce. Motion carried 7-0.
COUNCIL COMMUNICATIONS
Councilwoman DiSciullo advised Council that complaints regarding debris from landscapers blocking sidewalks are being addressed by the Code Enforcement Department.
Councilwoman DiSciullo requested that Council be notified whenever staff receives information regarding the Island's schools.
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Councilwoman DiSciullo thanked Utilities Director Jake Rohrich and the utilities employees who participated in the facilities tour taken by Council.
Councilwoman Patterson distributed copies of the agreement between the Collier County Board of Education and the Marco Island Charter Middle School regarding the school to be built on Tract K. She expressed her concerns regarding the agreement.
Councilwoman Kelber requested again that the Planning Board and Council review present codes which will affect the Island's future redevelopment.
Vice-Chair Tucker reminded Council that the distribution of taxes paid by citizens has little to do with the amount collected.
Chairman Minozzi updated Council on recently approved MPO grants that should allow for landscaping north of the Jolley Bridge. He will keep Council informed on the matter.
FUTURE AGENDA
Vice-Chair Tucker requested discussion on Code Enforcement appointments and/or disbanding of the Code Enforcement Board.
Councilman Arceri requested discussion on the process employed by staff to verify that final agreements are incorporated into final projects.
PUBLIC COMMENT
Dr. Fay Biles, 1588 Heights Court, advised Council that the agreement between the Collier County Board of Education and the Marco Island Charter Middle School regarding the new school for Tract K was on the School Board’s consent agenda.
Mr. Mario Curiale, 820 Eubanks Court, expressed concern about the price of the Glon property and suggested that the purchase would negatively impact taxes paid in the future.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 11:00 p.m.
(signature page to follow)
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Michael F. Minozzi Jr., Council Chairman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
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