THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – May 15, 2006 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present
Also Present:
A. William Moss, City Manager (joined the meeting following the break)
Richard Yovanovich, City Attorney (joined the meeting as above)
Rony Joel, Public Works Director (joined the meeting as above)
Viince Cautero, Community Development Director
Don Blalock, Zoning Administrator
Bryan Milk, City Planner
Dana Souza, Parks and Recreation Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Carol Glassman, Public Education/Information Coordinator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Kyle Bennett, St. Mark’s Episcopal Church
Colors presented by VFW Post 6370, Marco Island Chapter
God Bless America by USAR (Ret.) Colonel Herb Savage
APPROVAL OF AGENDA
MOTION by Vice-Chairman Tucker to APPROVE THE AGENDA. Second by Councilor Minozzi. Motion carried 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Ken Honecker, 632 Dorando Court, questioned whether the City Council would consider taking a vote on the possibility of a toll on the Jolley Bridge.
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Mr. Russ Columbo, 755 Plantation Court, commented that members of City Council are insulting the “Preserve Our Paradise” PAC.
Mr. Bill McMullan, 1250 North Collier Boulevard, questioned the status of Track K and discussions with the School Board.
Ms. Claudia Klug-Kowel, 595 Hernando Drive, expressed concern regarding papers that were served on her and other defendants related to an ongoing lawsuit between property owners around Marco Lake Drive.
APPROVAL OF CONSENT AGENDA
MOTION by Councilor Popoff to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilor Kiester. Motion carried 7-0.
PRESENTATIONS
On behalf of the City Council, Chairwoman Terri DiSciullo and Parks & Recreation Director Dana Souza presented trophies to the following winners of the Pitch, Hit and Run Competition:
Boys 7-8 years old Tanner Richart 469 Points
Girls 7-8 years old Shayla Brill 403 Points
Boys 9-10 years old James Steele 674 Points
Boys 11-12 years old Matthew Gerhardestein 1107 Points
Girls 11-12 years old Katy Hogan 1036 Points
Boys 13-14 years old Matt Johnson 1272 Points
Girls 13-14 years old Lisa Feola 683 Points
BUSINESS
(A) RESOLUTION – Capital Improvement Revenue Note.
(Editorial History: The reconstruction of North Collier Boulevard has been approved in the Fiscal Year 2006 budget in the amount of $11,838,000. A transportation grant of $1 million is provided annually by Collier County as a result of an Interlocal Agreement that, in return for an amendment to the
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sharing of roadway impact fees, is paid for a period of fifteen years to compensate the City for the deteriorated infrastructure on the Island at the time of incorporation. The prior two years receipts from this source were saved for this project and the financing plan calls for borrowing the next four years of the Collier County annual grant, or $4 million.)
City Clerk Laura Litzan read, by title only, the Resolution Authorizing the Issuance of the Capital Improvement Revenue Note. Chairwoman DiSciullo requested that the title of the Resolution be amended to state that the funds were to be used specifically “for the project described herein,” which is the reconstruction of North Collier Boulevard.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION AUTHORIZING THE ISSUANCE OF A CAPITAL IMPROVEMENT REVENUE NOTE IN THE PRINCIPAL AMOUNT OF $4,000,000, AS AMENDED. Second by Vice-Chairman Tucker. Motion carried 7-0.
(B) ORDINANCE – First Reading – An Ordinance to Amend the Land Development Code for C-1, C-2, C-3 and C-4 Commercial Zoning Districts Relating to Heights, Residential Floor Area, Open Space and Development Regulations for Mixed Residential and Commercial Uses.
(Editorial History: Pursuant to policies contained in the Evaluation and Appraisal Report of the Comprehensive Plan, the City is proposing changes to the regulations governing mixed residential and commercial development in the C-1, C-2, C-3 and C-4 zoning districts. Mixed use development is considered the development of a tract of land, buildings, or structure with a variety of complementary and integrated uses and in which development includes residential uses together with commercial uses.)
City Clerk Laura Litzan read, by title only, the Ordinance to Amend the Land Development Code for C-1, C-2, C-3 and C-4 Commercial Zoning Districts.
Community Development Director Vince Cautero and City Planner Bryan Milk reviewed the changes and responded to City Council’s questions.
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Public Comment
Mr. Joe McMakin, 4001 Tamiami Trail North, Naples, representing Marco Healthcare Center (corner of San Marco and Heathwood) expressed concern about needing more time. He requested that City Council table the matter.
Mr. Clay Brooker of the law firm Cheffy Passidomo Wilson & Johnson LLP, advised Council that he represents two groups who have “pipeline” projects. He expressed concern that the new regulations may cause problems and that existing regulations should apply to all projects in the “pipeline.”
MOTION by Vice-Chairman Tucker to CONTINUE THIS ITEM TO THE JUNE 19, 2006 MEETING. Second by Councilor Minozzi. Motion carried 6-1. Councilor Forcht opposed.
(C) ORDINANCE – First Reading – An Ordinance to Amend the Land Development Code for Residential Tourist Zoning District Relating to Conditional Use Allowing Blended Development for Certain Properties along the West Side of Collier Boulevard between the Sand Castle II Condominium and the Marriott PUD; Providing for a New Zoning Overlay District along the East Side of South Collier Boulevard.
(Editorial History: City Staff is providing changes to Chapter 30 of the Land Development Code (LDC) in order to provide changes to the Residential Tourist “RT” zoning district pursuant to City Council direction with regards to canonization along the East side of South Collier Boulevard, and consideration of incentives for retaining hotel and timeshare units along the West side of South Collier Boulevard.)
City Clerk Laura Litzan read, by title only, the Ordinance to Amend the Land Development Code for Residential Tourist Zoning District.
Public Comment
Mr. Craig Woodward, representing Marriott Vacation Club International, provided a brief overview of the recent purchase of the Radisson Hotel by his client.
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Also representing Marriott Vacation Club International, Mr. David Holton, Sr. Vice President Resort Development, and Mr. Mike Elliott, Director Project Planning, reviewed the proposed timeshare project and asked that Council consider approving the 200 foot height request.
Mr. Rick Medwedeff, General Manager of the Marco Island Marriott, spoke in support of Marriott’s desire to build its timeshare development.
Mr. Clay Brooker, Cheffy Passidomo Wilson & Johnson LLP, representing the current owner of the Radisson, spoke in support of the Marriott proposal.
Mr. Bill McMullan, 1250 North Collier Boulevard, recommends that staff post this information on the City Website.
Following discussion the City Council directed this matter back to the Planning Board for its recommendation.
MOTION by Councilor Kiester to CONTINUE THIS MATTER TO THE JUNE 19, 2006 MEETING, FOLLOWING REVIEW BY THE PLANNING BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
Recess: 8:25 p.m. to 8:45 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(F) DISCUSSION – Appointment of Boards and Committees.
(Editorial History: Chapter 2, Article IV of the City Code provides that members of advisory committees shall serve two-year terms, and the terms of the members shall expire on the first day of June. Each City Council member shall reserve the right to recommend the appointment of one member. The City Council may accept or reject the recommendation offered by the Council member.)
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Arts Advisory Committee
MOTION by Councilor Forcht to APPOINT CORAL AIKEN-MILLER TO THE ARTS ADVISORY COMMITTEE. Second by Councilor Tucker. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT CLAUDIA KLUG-KOWEL TO THE ARTS ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Vice-Chairman Tucker to APPOINT SUSAN OLDERSHAW TO THE ARTS ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Minozzi to APPOINT JOEL GEWIRTZ TO THE ARTS ADVISORY COMMITTEE. Second by Councilor Popoff. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT NORA JOEL TO THE ARTS ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Trotter to APPOINT WILLIAM TIETZE TO THE ARTS ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPOINT ROSE ANN PATTERSON TO THE ARTS ADVISORY COMMITTEE. Second by Councilor Popoff. Motion carried 7-0.
Beach Advisory Committee
MOTION by Chairwoman DiSciullo to APPOINT RICHARD ADAMS TO THE BEACH ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
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MOTION by Councilor Trotter to APPOINT ALAN BRISTOW TO THE BEACH ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT ANTHONY SMITH TO THE BEACH ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Minozzi to APPOINT RON MINARCINI TO THE BEACH ADVISORY COMMITTEE. Second by Chairwoman DiSciullo. Motion carried 7-0.
MOTION by Vice-Chairman Tucker to APPOINT EDWARD ANGEL TO THE BEACH ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT IRENE HOROWITZ TO THE BEACH ADVISORY COMMITTEE. Second by Chairwoman DiSciullo. Motion carried 7-0.
MOTION by Councilor Forcht to APPOINT REGINA REILEY TO THE BEACH ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
Beautification Advisory Committee
MOTION by Vice-Chairman Tucker to APPOINT MARY ANN KLINE TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT SANDI JOHNSON TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Councilor Kiester. Motion carried 7-0.
MOTION by Councilor Forcht to APPOINT CORAL AIKEN-MILLER TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
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MOTION by Councilor Trotter to APPOINT BARBARA MURPHY TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPOINT SUSAN LAGROTTA TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Councilor Popoff. Motion carried 7-0.
MOTION by Councilor Minozzi to APPOINT SYDNEY MELLINGER TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Chairwoman DiSciullo. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT DEE BARE TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Kiester to EXTEND THE MEETING PAST 9:00 P.M. Second by Councilor Minozzi. Motion carried 6-1. Vice-Chairman Tucker opposed.
(D) RESOLUTION – Public Hearing – Petition V-06-01. Robert S. and Diana C. Winterhalter, property owners, are requesting a 7.5 foot variance from the front yard setback of 25 feet to allow for the construction of a new home for property located at 1455 Delbrook Way, Marco Island.
(Editorial History: The petitioner wishes to construct a 2400 square foot home on a vacant corner lot that has a radius of 70 feet and is often referred to as a ‘soft curve’. Because the radius is so long a large portion of the front yard is removed and allows only a 2200 square foot single story home.)
Mr. Moss read, by title only, the Resolution related to Petition V-06-01. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
The Petitioner, Mr. Robert Winterhalter, reviewed the Petition and responded to Council’s questions.
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MOTION by Vice-Chairman Tucker to APPROVE PETITION V-06-01. Second by Councilor Minozzi. Motion carried 6-1. Chairwoman DiSciullo opposed.
(E) RESOLUTION - Conditional Use Pursuant To Section 46-92(b)(1) of Article III “Communication Towers” To Replace An Existing 62.8 Foot Guyed Communication Tower With A New 100 Foot Monopole Tower.
(Editorial History: On April 21, 2006 the Board of Zoning Appeals considered a conditional use request pursuant to Section 46-92(b)(1) of Article III of the City’s Code of Ordinance “Communication Towers” to replace an existing 62.8 foot guyed self supporting communication tower located adjacent to the fire station (1280 San Marco Road) with a new 100 foot ground mounted monopole communication tower. The current tower was damaged during Hurricane Wilma and is antiquated. The new tower will withstand wind speeds in excess of 140 miles per hour and provide enhanced communication opportunities for fire, police, and emergency management operations without interference or integrity concerns.)
Mr. Moss read, by title only, the Resolution related to Petition CU-06-02. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
MOTION by Councilor Minozzi to APPROVE PETITION CU-06-02. Second by Vice-Chairman Tucker. Motion carried 7-0.
Council Communications AND DISCUSSION
Vice-Chair Tucker suggested that items involving many individuals, like appointments to Boards and Committees, be placed early on the agenda.
Councilor Minozzi provided an update on MPO activities.
In response to Chairwoman DiSciullo’s inquiry, Attorney Yovanovich advised Council that the City did prevail in the lawsuit that was heard earlier in the day that was filed by C.A.R.E.S. and Mr. and Mrs. Enman.
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Councilor Forcht questioned how many lawsuits the City is currently involved with. He suggested that Council receive a quarterly update.
Councilor Forcht questioned why neighbors on his street received a “red tag” courtesy of Waste Management.
Chairwoman DiSciullo suggested that an “Employee of the Month” program be implemented.
Future Agenda
Chairwoman DiSciullo advised Council that Commissioner Henning would like to attend the next City Council meeting to discuss lowering the County millage rate.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Ron Carstersen, 1620 Copeland Drive, commented that the City Council may want to consider a compromise on the Waterways Ordinance.
ADJOURN
There being no further business to come before the City Council, the meeting adjourned at 9:53 p.m.
(signature page follows)
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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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