City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 7, 2022 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Claire Babrowski, Rich Blonna, Greg Folley, Becky Irwin, Joe Rola City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final March 7, 2022 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Lina Upham, Purchasing & Risk Manager Mary Holden, Senior Planner Kelli DeFedericis, Flood Plain Coordinator Patricia Kammerer, Environmental Planner Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Ken Garazin of the Marco Lutheran Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Irwin, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 6. Approval of the Minutes ID 22-2106 Approval of the City Council Workshop Minutes of February 17, 2022 MOTION by Councilor Folley, seconded by Councilor Irwin, that the City Council Workshop Minutes of February 17, 2022 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 7, 2022 7. Approval of Consent Agenda MOTION by Councilor Blonna, seconded by Councilor Folley, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz [Approval of the Consent Agenda Passed the Routine Items Listed Below.] a. ID 22-2136 Appointment of Mr. Hayden Dublois to the Marco Island Planning Board - Councilor Rich Blonna b. ID 22-2132 Authorize the City Manager to Issue a Purchase Order to RWA Engineering, Inc to Provide Design, Permitting, Bidding, and Limited Engineering Services During Construction for an 8-Inch Raw Water Transmission Main Pipe from Groundwater Well #17 to #19 in the Amount of $88,730.00 Under City of Marco Island Contract #2020-020 for Water and Sewer Engineering Services. c. ID 22-2133 Authorize the City Manager to Issue a Purchase Order to Quality Enterprises USA Inc., for an 8-inch diameter Gravity Sanitary Sewer Main Replacement located inside the Hideaway Beach Community in the Amount of $82,900.00 using the City’s Public Infrastructure Construction Services Contract #2021-006 8. Proclamations and Presentations a. ID 22-2080 Proclamation - Flood Awareness Week Chair Brechnitz, with the support of the Council, read a Proclamation recognizing the second week of March, 2022 as 'Flood Awareness Week' on Marco Island. Residents, business owners and visitors are encouraged to increase their knowledge of the risks and dangers of floods, the availability of flood insurance, flood protection methods and how to prepare themselves and their loved ones for flood-related emergencies. Ms. Kelli DeFedericis, Marco Island Flood Plain Coordinator, received the Proclamation from Chair Brechnitz. b. ID 22-2112 Proclamation - Recognition of Rocky Cale, Summer Youth Sailing Program Director In recognition of his efforts and leadership in establishing, nourishing and promoting youth sailing activities, the annual Marco Island Midwinter Championship for RC Laser Model Sailboats, and various community engagement and fund-raising activities over the years, Chair Brechnitz, with the support of the City Council, honored Mr. Rocky Cale with a Proclamation extolling his contributions to the youth of Marco Island. All present engaged in a warm round of applause for Mr. Cale. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Mr. Alex Galiana (Shalimar St.) commended the Council on its Proclamation recognizing Mr. Rocky Cale, City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 7, 2022 and he spoke of several personal interactions with Mr. Cale when he (Mr. Galiana) was Manager of the City's Parks & Recreation Department. Mr. Ed Issler (S. Joy Cir.) referenced back to the Council's February 17th Workshop and urged the Council to adopt a single-family vacation home registration process that would provide for swimming pool safety inspections to prevent infant and child drownings. Ms. Leslie Heil (Bald Eagle Dr.) questioned the absence of mixed-use paths on the northern end of Bald Eagle Drive, and she asked for information of the City's plans for pedestrian and bicycle rider pathways in that area of the Island. At the request of Council Chair Brechnitz, Mr. Timothy Pinter, City Public Works Director, responded to Ms. Heil's request. Mr. David Noland (Spinnaker Dr.; via telephone) expressed concern with the guest occupancy capacity of the single-family home that rents next door to his, calling it a "small hotel". He requested that the Council take aggressive action to regulate the number of occupants allowed to populate homes that are advertised as short-term vacation rentals. Mr. David Crain (Gayer Way), speaking in support of Ms. Leslie Heil's concern, noted the presence of a very active bicycle rental business on the northern end of Bald Eagle Drive that should receive the City's attention to ensure that pathways for pedestrians and bicyclists in that area are adequate to handle to pedestrian and traffic flow. Ms. Kathleen Reynolds (Ludlow Rd.) noted the expanding presence of electrically-powered bicycles on the Island that she believes should precipitate a City-wide review of the adequacy of the pathways and their impact on the safety of pedestrians and non-powered bicycle riders. 10. Quasi-Judicial Public Hearing ID 22-2140 Resolution - Off-Site Parking Agreement for Approved SDP-21-000089 for Property Located at 1202 Bald Eagle Drive with Additional Parking at 1121 Bald Eagle Drive (Previously Marek’s Restaurant) Marco Island, Fl 34145 Chair Brechnitz outlined the procedure for swearing in those who intend to address the Council and/or provide testimony, and Deputy City Clerk Lina Upham read the Resolution into the record by title only. Each Councilor conveyed a verbal ex parte disclosure related to the Applicant's appeal, and City Attorney Alan Gabriel swore in the parties from the City and those on behalf of the Applicant who indicated an intention to speak. Community Affairs Director Daniel J. Smith summarized the decision reached by the Planning Board, and he read aloud the twelve criteria for the Council to consider in reviewing the Petitioner's Appeal as required by the City's Code. He addressed a number of clarifying questions from members of the Council. After significant Council discussion, presentations by Mr. Mark McLean, Studio Director, MHK Architecture & Planning and Mr. Andrew Rath, Project Manager, Davidson Engineering, on behalf of the Applicant, Chair Brechnitz opened the floor for public comment. City Attorney Gabriel swore in all members of the public who indicated their intention to address the Council. Public Comment Mr. Ed Issler (S. Joy Cir.) noted that the 2012 traffic study data utilized by the representative from City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 7, 2022 Davidson Engineering did not reflect the traffic and parking impact of the new restaurants that have opened in the area in question since that data was gathered. He referenced Section 7.1.4 in the City's Comprehensive Plan that charges the City Council and City Staff to protect and enhance the character of the Olde Marco community. In his opinion, a new 268 seat restaurant is inconsistent with that charge. Ms. Trese Hadge (Spinnaker Dr.) spoke on behalf of the Applicant noting that parking had been taken into consideration, and that the Applicant believes that utilizing a 100% valet parking arrangement will address the traffic and parking issues more responsibly than others had in the past. Mr. Zachary Pyle (Palm St.) noted the issues that he currently faces with traffic, parking, pedestrian safety and restaurant odors with the existing commercial operations that are active in his area. He reminded the Council that Palm St. is, in reality, just a two-lane road. Mr. Mark Melvin (Hideaway Circle W.) noted that parking is a problem everywhere on the Island. As a business owner, he recognizes the investment and effort that the Applicant has made to address the concerns raised regarding traffic and parking. Given that the Applicant appears to have met the requirements of the City's Land Development Code, he believes that the Council is compelled to approve the Applicant's request. Ms. Joy Schrader (Edington Pl.) expressed her belief that Olde Marco is being destroyed by the continued commercial development in that area. Noting that six restaurant/eating establishments are already in place along the 900 foot stretch of Palm St., she sees pedestrian safety being further endangered by encouraging more customers and traffic to gather in the Olde Marco area. Mr. Fred Schrader (Edington Pl.) compared the situation in the Olde Marco area to that of a flood plain. Continuing to add more 'water' (i.e. cars) to an already 'flooded' situation does not make the problem better. Mr. & Mrs. David Pyle (Palm St.) noted that, since the opening of The Boardroom Tavern, the pedestrian safety situation in their area has entered a dangerous level. Questioning how emergency vehicles might be able to access and maneuver in their area if called during peak restaurant visitor times, they requested that the Council undertake a concerted effort to address the existing traffic congestion problem. Mr. Gregory Pucci (Nautilus Ct.) expressed his enthusiasm and anticipation for a new, waterfront fine dining establishment on Marco Island. Complimenting the Applicant's creativity in identifying a secondary parking arrangement and an all-valet approach, he noted his support for the Applicant's appeal. Mr. Bill Flasche (Bald Eagle Dr.) believes that having only 25 on-site parking spaces for a 268 seat restaurant makes no sense. He asked the Council to consider the worsening conditions for the condominium owners and non-restaurant business owners that will certainly occur as a result of the Applicant's planned development. Mr. David Everson (Bald Eagle Dr.) spoke on his behalf and on behalf of the neighbors on both sides of his house regarding their difficulties in entering and exiting their driveways with the current level of traffic on Bald Eagle Drive. He asked the Council to do more to improve the traffic and safety conditions in his area. Mr. Dennis Baumgardner (Balsam Ct.) shared his belief that the Island does not have enough nice restaurants on the water. He spoke in support of the proposal to open a new, on-the-water restaurant as approved by the Planning Board. Ms. Rhonda Gloodt (Vernon Pl.) noted that condominium and homeowners in the Olde Marco area did not purchase their residences to accommodate business parking. In 2012 when the most recent traffic study for the area was conducted, Marco Island was still emerging from a recession. Now, with guests of the City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 7, 2022 Snook Inn often parking in the swales and on the streets in the neighboring area, where will they park when another large capacity restaurant is put into place? She expects the parking situation to become twice as problematic as it is today. Mr. David Heil (Bald Eagle Dr.) expressed his opinion that the twelve points for Council consideration as outlined by City Community Affairs Director Daniel Smith at the beginning of the quasi-judicial hearing did not adequately capture all of the relevant considerations regarding pedestrians, cars, bikes and emergency vehicles. He sees the need for a shared use path along Bald Eagle Drive to accommodate the daily bicycle rentals from the Island Bike Shop, and he asked the Council to direct the City Staff to pursue one for his area. Ms. Leslie Heil (Bald Eagle Dr.) reiterated her husband's request for a shared use path, and she urged the Council to commission an updated traffic study before ruling on the Applicant's request. Mr. Ken Lancaster (Bald Eagle Dr.) noted his long tenure and experience seeing the changes on Marco Island over the years. He urged the Council to listen to the residents and respond to their concerns. Mr. Luigi Carvelli (Aruba Ct.) expressed his concern with applying outdated traffic data as part of the Applicant's traffic study. As an owner of a number of restaurants on the Island, including the Snook Inn, he raised question with the Applicant's plan to shuttle food from one restaurant kitchen to another, to employ valet parking where no parking exists, and for not planning for the ability for emergency response teams and equipment to navigate the area and reach victims quickly at all hours of the day and night. Mr. Howard Reed (Bald Eagle Dr.) pointed out the need to measure and assess the vehicular parking and traffic concerns during peak demand hours, and he questioned the adequacy of the City's "one required parking spot per four restaurant seats" criteria in addressing the concerns that were raised by members of the community. He urged the Council to address the issue at this meeting. Mr. Larry Gyock (Bald Eagle Dr.) asked the Council to give significant consideration to the qualitative issues raised by the Applicant's plan. With the narrow road, inadequate lighting at night, and the activity associated with remote parking, he sees a significant risk to resident and visitor safety should the Council elect to approve the Applicant's request. Ms. Cindy Sheppelman (Treasure Ct.) recalled her experiences as a resident of the Olde Marco area five years ago. Recognizing that the traffic and pedestrian congestion in that area has only gotten worse, she implored the Council to hear and respond to the concerns of the area's citizens. Mr. Mark Corroon (Palm St.) noted the significant change that occurred when the most recent restaurant opened up in the Olde Marco area. He sees diners being directed by restaurant staff to park on other properties and parking lots currently, and he foresees this situation becoming unbearable with the addition of a new 268 seat restaurant in the area. MOTION by Councilor Folley, seconded by Councilor Babrowski, to continue the consideration of the Resolution for no more than 60 days to allow for the completion of a pedestrian, bicycle and vehicle traffic/parking study by an independent, qualified engineering firm, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Babrowski, Councilor Folley, Councilor Rola and Chair Brechnitz No: 3- Councilor Blonna, Vice-Chair Grifoni and Councilor Irwin 11. Ordinances A. Public Hearings City of Marco Island Florida Page 5 City Council Meeting Minutes - Final March 7, 2022 1. ID 22-2138 Ordinance - Second Reading - LDC Amendment (LDCA-21-000296) to Section 30-222, C-3 Permitted Uses, to Allow for Animal Grooming Services Deputy City Clerk Lina Upham read the Ordinance into the record by title only. Senior Planner Mary Holden briefly reviewed the rationale for the proposed amendment. No members of the Council or the public raised question or concern with the proposal. MOTION by Councilor Irwin, seconded by Vice-Chair Grifoni, that the Second Reading of the Ordinance - LDC Amendment (LDCA-21-000296) to Section 30-222, C-3 Permitted Uses, to Allow for Animal Grooming Services, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 2. ID 22-2139 Ordinance - Second Reading - Sea Turtle Protection Deputy City Clerk Lina Upham read the Ordinance into the record by title only. Community Affairs Director Daniel J. Smith reminded the Council of its discussion of this ordinance at its First Reading on February 22nd, and he stood ready to address questions. No members of the Council or the public raised questions or concerns. MOTION by Councilor Folley, seconded by Councilor Rola, that the Second Reading of the Ordinance - Sea Turtle Protection, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz B. First Readings None. 12. Resolutions & City Council Items a. ID 22-2137 Resolution - Repealing and Replacing the Schedule of Civil Penalties and Fines Deputy City Clerk Lina Upham read the Resolution into the record by title only. City Finance Director Guillermo Polanco advised the Council of the need to re-address the City's schedule of civil penalties and fines that was last updated in 2014, precipitating a great deal of engagement and discussion between the City Attorney and members of the Council regarding fines, the collection and mitigation of fines, and the effectiveness of the City's attachment of liens on the properties of long-standing, non-complying property owners. Public Comment Mr. Ed Issler (S. Joy Cir.) noted that the Take Back Marco Political Action Committee that he chairs has, City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 7, 2022 in its proposed referendum to enact a City rental registration program, a detailed list of fines and penalties that address violations of certain proposed regulations which could be helpful to the Council's discussion on this topic. At the conclusion of the discussion on this item, Chair Brechnitz requested that the City Manager bring forward a proposal to enhance and expand the City's ability to compel violators to modify their behaviors and more quickly pay their fines. b. ID 22-2129 Sale of Surplus Property Located at 1825 and 1955 Mainsail Drive Assistant City Manager Casey Lucius reminded the Council of its direction at its January 24th meeting to re-advertise and solicit bids for the surplus properties located at 1825 and 1955 Mainsail Drive. With new bids now received, Ms. Lucius, on behalf of the City, recommended that the Council approve the sale of both properties. Mr. Jonathan Kassolis, President of SK Holdings Real Estate, LLC briefly affirmed his company's interest in the properties. No other members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the Sale of Surplus Property Located at 1825 and 1955 Mainsail Drive, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz c. ID 22-2135 Compensation and Benefit Study: Report and Recommendations Assistant City Manager Casey Lucius, assisted by Ms. Nancy Berkley, Vice-President of Evergreen Solutions, LLC (via Zoom teleconference), reviewed the key findings from Evergreen's competitiveness assessment of the City's employee salary grades and benefits package. No members of the public came forward to offer comment. Further review, discussion and decision on the City's workmans' compensation plan and other benefits will return to the Council at a later date. MOTION by Councilor Irwin, seconded by Councilor Folley, that Effective April 1, 2022, the City Manager be Authorized to Adopt the New Pay Ranges and Make Salary Adjustments to Any Employee that is Below the New Salary Minimum for Their Grade to Bring Them to the New Minimum, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz d. ID 22-2126 Approving the Purchase Order for One Source Construction, Inc. for the Installation of Storm Drain Improvements along Bayport Avenue from Kirkwood Street to Bermuda Road in the Amount of $141,592.25 City Public Works Director Timothy Pinter briefly explained the need for the proposed storm drain improvements and purchase order. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the City City of Marco Island Florida Page 7 City Council Meeting Minutes - Final March 7, 2022 Manager be Authorized to Issue the Purchase Order for One Source Construction, Inc. for the Installation of Storm Draim Improvements Along Bayport Avenue from Kirkwood Street to Bermuda Road in an Amount not to Exceed $141,592.25, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda Councilor Irwin reported on the successful initial engagement and continuing interest of the leadership of Naples Botanical Gardens (NBG) in providing insight and recommendations to the Beautification Advisory Committee on its 'Ten Thousand Trees in Ten Years' initiative. A proposed Memorandum of Understanding (MOU) is being drafted by NBG for the City's consideration. Councilor Irwin also recommended that a Parking/Traffic Ad Hoc Committee be formed to update the efforts of the 2017 Ad Hoc Parking Committee in providing data and recommendations to the Council to help set priorities for the Olde Marco area for the 2023 fiscal year budget. Councilor Folley requested that the 2017 Ad Hoc Parking Committee's recommendations be reviewed to determine if proposals that were not previously pursued might have applicability in the current environment. Councilor Babrowski recommended that a compliance assessment be undertaken to ensure that business and property owners in the Olde Marco area that received approvals and permits based on certain allocation formulas in the past are continuing to comply with those allocations. Councilor Babrowski also requested that, when the City underspends on road improvement projects in the future, that the proposed re-deployment of those funds to improving other roadways come before the Council for prioritization and approval. During the City Manager's report, Vice-Chair Grifoni requested a status update on the City's Parks & Recreation Master Plan. City Manager McNees indicated that the consultant selection process is expected to take place during May, 2022. ID 21-1906 Future Agenda Items During the discussion of Item 12a. of the Agenda (Resolution - Repealing and Replacing the Schedule of Civil Penalties and Fines), Chair Brechnitz requested that a discussion of additional actions to compel violators to pay their fines be placed on a Future Agenda of the Council. Councilor Blonna requested that his white paper on dredging Big Marco Pass to improve navigational safety be placed on a Future Agenda of the Council. Councilor Rola requested that a review and discussion of the existing technologies to significantly remove nutrients from reuse water come before the Council on a Future Agenda. Chair Brechnitz requested that the City's recommendations for the North Marco Utility be placed on a Future Agenda of the Council. 15. Council Reports City of Marco Island Florida Page 8 City Council Meeting Minutes - Final March 7, 2022 None. 16. City Manager's Report City Manager McNees informed the Council that a committee is being formed to plan for the August, 2022 celebration of the City's 25th anniversary of incorporation. City Manager McNees advised the Council of his intention to engage a special consultant to assist in the development of a recommendation for the allocation of facility space at the Marco Island Racquet Center. 17. City Attorney's Report None. 18. Departmental Reports ID 21-1907 Monthly Departmental Reports Councilor Irwin pointed out that the Police Department report noted only two verified noise complaints registered during January, 2022. 19. Citizens' Comments Mr. Bill Flasche (Bald Eagle Dr.) expressed his belief that the evening's earlier discussion of the remote parking proposal in support of the planned 268 seat restaurant in Olde Marco demonstrated the flaws in the City's 4:1 (restaurant seats to parking space) allocation ratio. Without including employees and staff members in the allocation, the current approach does not, in his opinion, require enough parking spaces to accommodate the cars and the people that congregate in this already overcrowded part of the Island. 20. Adjournment There being no further business before the Council, the meeting adjourned at 9:57 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9