THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – December 6, 2004 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present, except Vice-Chair Kelber who was absent.
Also Present: A. William Moss, City Manager
Rich Yovanovich, City Attorney
Greg Niles, Community Development Director
Bill Harrison, Finance Director
Donald Blalock, Zoning Administrator
Bryan Milk, Planner
Michael Murphy, Fire Chief
Roger Rienke, Police Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INNOVATION AND PLEDGE OF ALLEGIANCE
By: Reverend Joy Baumgartner, United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Councilwoman Patterson to APPROVE THE AGENDA. Second by Councilman Minozzi. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for November 1, 2004 (Workshop Meeting)
(B) Council Minutes for November 1, 2004 (Regular Meeting)
(C) Council Minutes for November 17, 2004 (Special-Called Meeting)
(D) Award of Contract – Gravity Sewer and Lift Station
(E) Award of Contracts – Disaster Services
(F) Acceptance of Hazardous Materials Equipment Purchase and Maintenance Grant
(G) Ratification of Police Contract
(H) Budget Amendment
(I) Approval of 2005 City Council Meeting Schedule
MOTION by Councilman Tucker to ADOPT AND APPROVE THE CONSENT AGENDA. Second by Councilman Arceri. Motion carried 6-0.
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City Council Minutes for December 6, 2004
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APPROVAL OF SUMMARY AGENDA
(A) RESOLUTION – Public Hearing – Petition FV-04-12, Cindy Love, representing the Marco Island YMCA is requesting a 2.8-foot variance from the required AE-10 NGVD to allow for the completion of a maintenance garage facility with restrooms at the Marco Island YMCA, on property located at 101 Sandhill Street.
MOTION by Councilman Tucker to APPROVE PETITION FV-04-12. Second by Councilman Minozzi. Motion carried 6-0.
PRESENTATIONS
On behalf of the City Council, City Manager Bill Moss presented longevity awards to the following employees:
Employees with 5 years of service:
Dave Baer, Police Lieutenant
Ed Burlingame, Police Officer
Liz Carr, Code Compliance Officer
Thom Carr, Police Captain
Hector Diaz, Police Officer
Steve Devore, Police Officer
Scott Erickson, Police Lieutenant
Joe Giannone, Public Works (absent)
Matt Goetz, Police Lieutenant
Brian Hood, Police Officer
Paul Keys, Police Officer (absent)
Bob Mahar, Chief of Building Services
Bryan Milk, City Planner
Cliff Morine, Police Lieutenant
Jason Nachtrab, Police Officer
Employees with 20 years of service:
Don Jones, Fire/Rescue Captain
BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – Amendment to Signage Ordinance.
(Editorial History: At first reading of the Ordinance on November 1, 2004 City Council approved amending the existing Land Development Code concerning commercial sign regulations. Following comprehensive review the Planning Board recommends changes specifying background illumination, maximum illumination and regulations for reader board signs.)
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Mr. Moss read, by title only, the Amendment to Signage Ordinance.
Public Comment
Mr. Marvin Needles, 1230 Butterfly Court, expressed concern that most business owners do not know the candle illumination of their signs. He recommends that background illumination be eliminated from the proposed changes while maintaining the 10-foot candle maximum.
Mr. Tom Wagor, President of the Chamber of Commerce, advised the City Council that the first survey conducted in March had 35 responses.
Mr. Dan Garbinski, 100 Landmark Street, representing Sign Craft, suggested that it will be difficult to measure background illumination. He recommends staying with opaque backgrounds, and advised Council that there are many existing signs that are not in compliance with current regulations.
MOTION by Chairwoman DiSciullo to ADOPT ON SECOND READING THE ORDINANCE TO AMEND SIGN REGULATIONS. Second by Councilman Trotter. Motion carried 6-0.
(B) ORDINANCE – An Ordinance Amending the City of Marco Island Firefighters’ Pension Plan.
(Editorial History: Pursuant to amendments to Chapter 175, Florida Statutes, and upon the request of the Pension Board, the City Council is asked to consider revisions to the City’s Pension Plan for firefighters. This will permit the trustees of the Firefighters’ Pension Plan, when authorized by a retiree or retiree’s dependent, to make certain deductions from monthly retirement payments for items including benefits payments, union dues, child support and alimony.)
Mr. Moss read, by title only, the Ordinance Amending the City of Marco Island Firefighters’ Pension Plan.
MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE Amending the City of Marco Island Firefighters’ Pension Plan. Second by Councilman Arceri. Motion carried 6-0.
(C) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend Existing Fence Regulations.
(Editorial History: The Planning Board prepared amendment considerations for the existing fence regulations and held two public hearings on the proposed ordinance. No members of the public spoke in opposition to the proposed ordinance and amendment, resulting in the Planning Board recommending unanimous approval on November 15, 2004.)
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Community Development Director Greg Niles read, by title only, an Ordinance to Amend Existing Fence Regulations.
Public Comment
Mr. Anthony Sorrentino, 688 Elkcam Circle West, expressed support for the ordinance.
MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH FENCE CRITERIA, AMENDED TO INCLUDE AN EXCEPTION FOR BARBED WIRE AT UTILITY SITES. Second by Councilman Trotter. Motion carried 4-2. (Chairwoman DiSciullo and Councilman Tucker opposed.)
(D) RESOLUTION – Public Hearing – Petition V-04-14.
(Editorial History: Brian Gilmore, Collier Seawall & Dock, LLC, representing Henry and Carolyn Lowe, property owners, requested 5.5-foot variances from both of the 7.5 foot required riparian line setbacks for a new boat dock facility. The subject property is located at 1063 Old Marco Lane, which is legally described as Old Marco Village, Block 6, Lot 2, Collier County and the City of Marco Island, FL.)
Mr. Moss read, by title only, the Resolution relating to Petition V-04-14. Each Council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk. Councilman Tucker advised Council that he will abstain from voting on this matter inasmuch as he represents the petitioners.
Representing the petitioners, Brian Gilmore of Collier Seawall & Dock, LLC, thanked Council for their consideration.
MOTION by Councilman Arceri to APPROVE PETITION V-04-14. Second by Councilwoman Patterson. Motion carried 5-0. (Councilman Tucker abstained.)
(E) RESOLUTION – Public Hearing – Petition OSP-04-03.
(Editorial History: Joel Moskowitz and Anthony Rainone, owners of Sushi Blues and Steaks Restaurant a.k.a. Busghetti’s Lakeside Inn, are requesting 12 off-street parking spaces at the Stars and Stripes Learning Center located at 60 Marco Lake Drive in order to increase their seating capacity from 110 seats to 150 seats).
Community Development Director Greg Niles read, by title only, the Resolution relating to Petition OSP-04-03. Each Council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Mr. Tony Rainone, the Petitioner, advised the City Council the offsite parking lease is binding upon other parties should the property be sold in the future.
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MOTION by Councilman Tucker to APPROVE PETITION OSP-04-03. Second by Councilman Arceri. Motion carried 6–0.
(F) DISCUSSION – Underground Power Lines.
(Editorial History: City Council was previously advised that the estimated cost to relocate overhead power lines to underground lines on North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard is $2.9 million. City Council authorized a contract for the underground power lines for South Collier Boulevard and agreed that the same should occur during the North Collier Boulevard construction project. Proposed for Council’s consideration is the initiation of the relocation of the overhead power lines to
underground lines along 74 miles of City streets, funded through the issuance of bonds. The bonds, in the estimated amount of $11 million will be paid through the annual $1.3 million revenue derived from the 5% electric franchise fee, payable over approximately 12 years. Thereafter, City Council could then authorize the relocation of the three-phase overhead power lines for the remaining 42 miles of streets. LCEC will be asked to initiate the construction project while City staff will develop the appropriate documents for the sale of bonds.)
Public Comment
Dr. Fay Biles, 1558 Heights Court, voiced support for the under grounding of power lines, but expressed concern that the public is confused and that a franchise fee is still a tax.
MOTION by Chairwoman DiSciullo to AUTHORIZE INITIATION OF THE RELOCATION OF THE OVERHEAD POWER LINES ALONG 74 MILES OF CITY STREETS, FUNDED THROUGH THE ISSUANCE OF BONDS. Second by Councilman Trotter. Motion carried 6–0.
Recess: 7:50 p.m. to 8:05 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
(G) DISCUSSION – Appeal of Official Interpretation, Applicability of Section 30-1023 Maximum Hotel and Motel Room Sizes to the Proposed Harbor at South Bridge Project (a/k/a Moran’s Barge) 3200 San Marco Road.
(Editorial History: On October 21, 2004 an Official Interpretation was rendered concerning the applicability of City Code Section 30-1023 to a proposed project to be known as Harbor at South Bridge. The interpretation rendered stated, “Any future hotel/motel development pursued for a Harbor at South Bridge project shall comply with applicable hotel and motel room size standards, as well as all other applicable C-4 zoning district standards, including maximum height, setbacks, and parking.” Mr.
William G. Morris, Esq., as agent for Maureen Moran, Inc., has filed an appeal of that interpretation.)
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Each Council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Representing the Petitioner, Attorney Bill Morris, Civil Engineer Jerry Neal and Architect Herb Savage, reviewed the appeal and responded to Council’s questions.
Mr. Tom Lydon requested that Council allow the building to move forward under the old rules.
Public Comment
Ms. Connie Fullmer, 584 Coconut Avenue, requested that the Council uphold staff’s interpretation.
MOTION by Councilman Minozzi to SUSPEND THE 9:00 RULE. Second by Chairwoman DiSciullo. Motion carried 6–0.
MOTION by Chairwoman DiSciullo to REJECT THE OFFICIAL INTERPRETATION BASED UPON COUNCIL’S DETERMINATION THAT THE INTERPRETATION IS NOT SUPPORTED BY SUBSTANTIAL COMPETENT EVIDENCE AND THAT IT IS INCONSISTENT WITH THE CITY’S CODE OF ORDINANCES. Second by Councilman Tucker. Motion carried 6–0.
Recess: 9:20 p.m. to 9:30 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
(H) DISCUSSION – Public Hearing – Proposed Evaluation and Appraisal Report (EAR) Of the Comprehensive Plan.
(Editorial History: Pursuant to Chapter 163, Florida Statutes, “The evaluation and appraisal report is a summary audit of the progress that has been made in implementing a local government’s comprehensive plan. The report identifies changes that should be made in the plan in response to an evaluation of the success and failures that have been experienced in implementing the plan, to changing trends and conditions that affect the local community, and to changing state and regional growth management policies.” Recent legislation has changed the due date for Marco Island’s EAR to March 1, 2005.)
Public Comment
Ms. Charlette Roman, 348 Colonial Avenue, called Council’s attention to “Conservation Collier” and potential lots for future acquisition; commended staff for their efforts; and suggested more attention in preservation and conservation as proactive elements.
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Mr. Ron Oister, 960 Cape Marco Drive, questioned whether the Code allows for PUD development on Collier Boulevard.
Dr. Fay Biles, 1558 Heights Court, expressed concern about lack of public participation.
MOTION by Councilman Arceri to APPROVE SECTION II – REQUIRED ISSUES, WITH SUGGESTED CHANGES. Second by Councilman Minozzi. Motion carried 6–0.
MOTION by Councilman Arceri to APPROVE SECTION III – LOCAL ISSUES, WITH SUGGESTED CHANGES. Second by Councilman Trotter. Motion carried 6–0.
MOTION by Councilman Arceri to APPROVE SECTION IV – ASSESSMENT OF SUCCESS/SHORTCOMINGS, WITH SUGGESTED CHANGES. Second by Chairwoman DiSciullo. Motion carried 6–0.
MOTION by Chairwoman DiSciullo to APPROVE THE PROPOSED EVALUATION AND APPRAISAL REPORT AND DIRECT STAFF TO FORWARD THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR A COURTESY REVIEW. Second by Councilman Minozzi. Motion carried 6–0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Arceri commented that a lamp post on the Jolly Bridge needs to be repaired.
Chairwoman DiSciullo requested an aggressive campaign to correct violation of sidewalk encroachments.
Chairwoman DiSciullo advised the City Council that she presented a proclamation to the Marco Island Power Squadron for National Safe Boating Week.
FUTURE AGENDA
Councilman Arceri requested a discussion on the heights of hedges.
Chairwoman DiSciullo requested a discussion on Advisory Committee Rules and Procedures.
Chairwoman DiSciullo questioned whether the City’s noise ordinance should be reviewed for New Year’s Eve.
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Chairwoman DiSciullo requested a discussion on a design competition for the Park Avenue property.
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, advised the City Council that employees of the Marriott Hotel are difficult to see and suggested that additional lighting is needed in that area.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 10:50 p.m.
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Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
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