THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – October 4, 2004 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All present except Councilman Arceri who was absent
Also Present: A. William Moss, City Manager
Rich Yovanovich, City Attorney
Greg Niles, Community Development Director
Rony Joel, Public Works Director
Bill Harrison, Finance Director
Roger Rienke, Fire Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Joy Baumgartner, United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO REMOVE items 4(B), Award of Contract – Recreation Services with YMCA and 4(F) City Assistance – Otter Mound Property from the Consent Agenda, and DEFER Item 5(E) to a future meeting. Second by Councilman Minozzi. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for September 20, 2004 (Regular Meeting)
(B) Award of Contract – Goldenrod Bridge Repairs
(C) Award of Contract – Underground Utilities for South Collier Boulevard
(D) Health Insurance Renewal
(E) Update – Restaurant Parking
MOTION by Vice-Chair Kelber to APPROVE AND ADOPT THE Consent Agenda AS AMENDED. Second by Councilman Minozzi. Motion carried 6-0.
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BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Adopt a Franchise Agreement with LCEC.
(Editorial History: City Council directed staff to work with Lee County Electric Cooperative to install underground lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard. The estimated cost to provide underground power lines in conjunction with the reconstruction project is $2.9 million. The future cost to provide forty-two miles of underground three-phase power lines is in the range of $34.6 million, and the cost to provide eighty miles of single-phase lines is approximately $7.4 million. City Council agreed that a 5% electric franchise fee, which would generate in the range of $1.3 million annually, should be dedicated to pay the cost to install underground power lines. City Council adopted this ordinance on first reading at its September
20, 2004 meeting.)
Mr. Moss read, by title only, the Ordinance to Adopt a Franchise Agreement with LCEC. There was no public comment.
MOTION – by Councilman Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ADOPT A FRANCHISE AGREEMENT WITH LCEC. Second by Vice-Chair Kelber. Motion carried 6-0.
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Establish Rules for the Use of City Owned Parks.
(Editorial History: The City of Marco Island Parks and Recreation Advisory Committee (PRAC) initiated discussion with reference to a local Parks Rules Ordinance in April 2003. The decision to develop a Marco Island Parks Rules Ordinance for City Council consideration was manifested by the understanding that the adoption of a local ordinance would best serve Marco Island residents. Upon incorporation, the City adopted the Collier County park use ordinance. Since Collier County manages a large number of parks for a much larger population, the philosophies that guide ordinance development for a large population may differ greatly from those desired for the Marco Island community. City Council adopted this ordinance on first reading at its September 20, 2004
meeting.)
Mr. Moss read, by title only, the Ordinance to Establish Rules for the Use of City Owned Parks.
Public Comment
Citizens speaking against a ban of smoking in parks:
Mr. Fred Lifton, 1021 Pettit Court
Mr. Jerry Gibson, 2041 San Marco Road
Ms. Lois Bradford, No address recorded
Ms. Lee Zwerin, 468 Capri Court
Mr. Bill Duncan, 161 Greenview
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Ms. Carla Mickes explained the position of the Parks and Recreation Advisory Committee in recommending the prohibition of tobacco in parks.
MOTION by Councilman Tucker to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH RULES FOR THE USE OF CITY owned Parks, amended to remove the section REGARDING THE PROHIBITION of tobacco. Second by Vice-Chair Kelber. Motion carried 6-0.
(C) RESOLUTION – Public Hearing – An appeal filed by Behroz and Frough Parastran, property owners, challenging the denial of Petition BD-04-15 by the Marco Island Planning Board, which denied a 3-foot extension from the maximum permitted 17-foot protrusion into the waterway to allow for a 20-foot boat docking facility on property located at 33 South Seas Court, further described as Marco Beach Unit 6, Block 248, Lot 23, Marco Island.
(Editorial History: A permit was applied for to construct a 20-foot dock facility at this property. The plans were turned down because the canal width at the above mentioned property is 85 feet wide, not the usual 100 feet. Marco Island City Code 54-111(a)(2) states that; “On lots on a waterway which are less than 100 feet in width the combination of boat docking facility and moored vessel(s) shall not protrude more than 20 percent of the surveyed waterway width.” For this instance, 20 percent of the width (85 feet) is only 17 feet. The dock was re-designed and a permit was approved for a 16.8-foot dock. The dock, however, was constructed at the original 20-foot protrusion. Code Enforcement was notified that the dock was in violation. A stop work order was posted on
the dock and a citation was issued to the property owner to remove the area of the dock in violation. The petitioner then applied for a boat dock petition requesting a 3-foot extension to allow for a 20-foot boat docking facility. The Planning Board heard this matter at their August 20, 2004 meeting and voted 7-0 to deny petition BD-04-15. In this matter City Council will act as the Board of Zoning Appeals. Pursuant to section 54-115 of the Marco Island Land Development Code, the Board of Zoning Appeals can affirm, affirm with conditions, reverse, or reverse with conditions the actions of the Planning Board. )
Mr. Moss read, by title only, the Ordinance of Appeal of Petition BD-04-15. All council members made their ex-parte disclosures; all witnesses were sworn in by the City Clerk. Councilman Tucker explained that he will abstain from voting due to a conflict of interest because he has represented the petitioner in other matters.
Representing the petitioner, Mr. Duane Thomas reviewed the petition and responded to Council’s questions. Mr. Monte Lazarus, Chairman of the Planning Board, reviewed the Planning Board’s decision.
MOTION by Councilman Minozzi to AFFIRM THE DECISION OF THE PLANNING BOARD. Second by Councilman Trotter. Motion carried 5-0. (Councilman Tucker abstained.)
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(D) RESOLUTION – Reimbursement of Costs by Future Bond Issue.
(Editorial History: Staff is currently in the process of determining the best way to finance the under grounding of power lines along the entire length of Collier Boulevard that will cost approximately $3 million. This may be a bond issue, pay-as-you-go financing, or a combination of the two. If the decision is made to issue bonds backed by revenues of the 5% electric franchise fee, a resolution providing for costs incurred to be paid from a future bond issue must be approved the City Council. Approval of this resolution does not mandate that we issue bonds backed by electric franchise fee revenues; however, without this resolution we cannot incur costs now and be reimbursed by a future bond issue.)
Mr. Moss read, by title only, the Resolution for Reimbursement of Costs by Future Bond Issue. There was no public comment.
MOTION by Councilman Tucker to APPROVE THE RESOLUTION FOR REIMBURSEMENT OF COSTS BY FUTURE BOND ISSUE. Second by Councilman Minozzi. Motion carried 6 – 0.
(E) DISCUSSION – Amendment to Interlocal Agreement to Transfer CR 92A from Collier County to the City.
This item was deferred to a future meeting.
(F) DISCUSSION – Art in Public Places.
(Editorial History: At the September 20 2004 City Council meeting, Vice-Chair Kelber requested, and the full Council agreed, that the topic of “Art in Public Places” should be placed on a future agenda for discussion.)
Public Comment
Mr. Monte Lazarus suggested that this Committee’s efforts be incorporated with the planning process.
Ms. Elaine Hamilton, United Arts Council of the Chamber of Commerce, expressed to Council the economic impacts of art in public places and made other recommendations for Council’s consideration.
Ms. Sandi Johnson, 281 North Barfield, founder of the Marco Island Foundation for the Arts, shared her views on art in public places.
Ms. Christine Neal, Executive Director of the Art League of Marco Island, commended Council’s decision to go forward with a Committee and a policy.
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Ms. Rose Patterson, Board of Directors of the Art League, suggested that the Art Committee might be included in the committee for Public Relations.
Ms. Joanne Sanborn, 1560 Buccaneer Court, envisions the Chamber of Commerce or business leaders being included in the Committee.
MOTION by Vice-Chair Kelber to direct the City Manager to bring a proposal for Council’s consideration to create an “Art In Public Places” Advisory Committee, to include a member from the United Arts Council, Art League, Marco Island Foundation For the Arts, Chamber of Commerce, and members of the Community.
Second by Chairwoman DiSciullo. Motion carried 6– 0.
Recess: 7:50 p.m. to 8:00 pm. It is noted for the record that Councilwoman Patterson left the meeting during break.
(G) DISCUSSION – Otter Mound Property.
(Background: In April 2003 City Council agreed to act as Managing Agency in conjunction with the State’s effort to acquire the “Otter Mound” property, a 1.78 acre tract adjacent to Addison Court. In accepting the role as Managing Agency staff outlined City commitments to the State. After continued negotiations with the owner the State was unable to acquire the property. In the interim, Conservation Collier began soliciting potential sites for possible acquisition. The City nominated the Otter Mound property, and after an extensive review process, the site was selected for acquisition. This time the negotiations were successful, and the property was acquired. Conservation Collier is in the process of developing a final management plan that will set the stage for future
use of the property. They have requested the City, as a partner, to provide the following assistance: 1) increased police patrolling around the property, 2) continued mowing of the right-of-way area abutting the property, and 3) cooperation in preparing future grant applications, and permitting considerations for possible parking in the swale area.)
MOTION by Chairwoman DiSciullo to DIRECT THE CITY MANAGER TO COMMUNICATE THE CITY’S COMMITMENT TO PROVIDE SERVICES IN SUPPORT OF CONSERVATION COLLIER ACTIVITIES FOR THE OTTER MOUND. Second by Vice-Chair Kelber. Motion carried 5– 0.
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(H) DISCUSSION – Agreement with the YMCA for Recreational Programming.
(Editorial History: Since incorporation, the City has contracted with the Marco Island YMCA on an annual basis for certain park and recreational services. The current Agreement is for the specific programs that the YMCA manages on behalf of the City, and YMCA programs that the City contributes to through the Parks and Recreation Department operating funds. The agreement is renewable on an annual basis upon the mutual agreement of the YMCA and the City. The amounts recommended for the FY 2005 contract with the YMCA are identical to the amounts discussed with City Council at the FY 2005 Operating Budget Workshop. The YMCA Board approved the agreement at their September meeting.)
Public Comment
Ms. Cindy Love, Director of the YMCA, responded to Council’s questions.
MOTION by Councilman Minozzi to APPROVE PROPOSED AGREEMENT WITH THE mARCO ISLAND YMCA. Second by Vice-Chair Kelber. Motion carried 5– 0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairwoman DiSciullo suggested that council members take turns reading proclamations in the future.
Chairwoman DiSciullo advised Council that she attended a meeting with business owners in the Elkcam Circle area. She will keep the Council apprised of any developments.
Chairwoman DiSciullo thanked the staff for providing an update on City-wide projects.
Councilman Tucker reminded Council that the process undertaken by the Collier County 40 years ago in establishing public beach access was fair, equitable and appropriate. He believes that the Council’s job is to do what is in the best interests of residents to protect their property rights. He feels it is unfortunate that a misguided resident is on a crusade to convince Collier County otherwise. Following discussion, council members agreed to direct the City Attorney to provide information to Council on this matter so that Council may take a position at its next meeting.
Councilman Minozzi questioned whether the illegal dock on Gigi Moers’ property was removed, or if appropriate fines have been paid. Following discussion, Council agreed to direct the City Attorney to investigate whether other assets can be attached.
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City Council Minutes for October 4, 2004
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FUTURE AGENDA
No new agenda items were requested other than those agreed upon previously.
PUBLIC COMMENT
Mr. Joey Oliverio requested that Council consider changing the ordinance to allow for the reconstruction of non-conforming structures, specifically his gazebo that was destroyed during the recent hurricane. Council directed that this topic be placed on a future agenda for discussion.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 9:05 p.m.
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Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
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