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Recap 12/19/1989 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 19, 1989 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE /3. APPROVAL OF AGENDA AND CONSENT AGENDA 4 y APPROVAL OF MINUTES / ~5. PROCLAMATIONS A. Service awards as follows: Elder Schreiber, Compliance Services - 15 years. Jeanine McPherson, Parks & Recreation - 5 years. 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition ZO-89-23, Community Development Division, representing the Board of County Commissioners, requesting an amendment to Collier County Zoning Ordinance 82-2, amending Sections 7.8, A-I - agricultural district, subsection b, paragraph 2) (f) and 7.9, A-2 rural agriculture district, subsection b. paragraph 2) (e), permitted accessory uses and structures by eliminating the three (3) years restriction for "bona fide agricultural purposes". / i ~//~2) Petition PDA-89-9, William R. Vines of Vines & -~ Associates, Inc., representing Naples Development Group requesting an ordinance amending Ordinance No. 1 / 1/~~ ADProvedwlchan.?;es 5/0: ,-,~ .... Presented Ord. 89~90 - Adopted 5/0 Ord. 89-91 subject to Petitioner's AgrecIacnt - Adopted. 5/G 82-50, which established Hawk's Nest Planned unit Development by changing the name to Arbor Trace; by making provision for adult congregate living facilities; by reducing the density of the multiple family housing units; by reducing the height of several planned structures while retaining the height of others; by reducing the floor area of a number of the total allowable number of dwelling units while retaining the minimum floor area of the remainder; and by making certain other revisions with respect to setbacks, spacing between principal and accessory structures, and statements to the effect that the approved master plan does not constitute a subdivision master plan and that the streets are unplatted access drives, all of which modifications apply to property located on west side of Vanderbilt Road (C.R. 901), 1/2 mile north of wiggins Pass Road (C.R. 888) in section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 41 acres. (3) Petition R-89-1, Jerry Neal, P.E., of W. Lamar Evers, Inc., representing GMA Development Corporation, requesting a rezone from "A-2" to "PUD" Planned unit Development, proposes to develop a 80 unit mUlti-family project known as "Pelican Lake" on property located on the north side of Davis Blvd. approximately 1-1/2 miles east of Airport-pulling Road (C.R. 31) in Section 6, Township 50 South, Range 26 East. (4) Petition ZO-89-26, Alan D. Reynolds, AICP, of Wilson, Miller, Barton, Soll & Peek, Inc., requesting an amendment to the Collier County Zoning Ordinance 82-2, section 9.5, Patio Houses (zero side yard) to allow for flexibility in setbacks to accommodate native vegetation and site features. (5) Petition R-89-15, Silver Lakes PUD. (Continued indefinitely). (6) Petition No. R-89-13, William Payne of Hole, Montes and Associates, Inc., representing Peninsula Improvement Corp., requesting an ordinance amending Ordinance No. 82-2, the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the official zoning atlas map 49-25-6; by changing the zoning classification of the herein described real property from "A-2" and "A-2ST" to "PUD", planned unit development known as Haws Ridge, to create an integrated mixture of single and mUlti-family residential land uses accompanied by 2 Ordinance 89-92 subject to Petitioner's Agreement and certain conditions. Adopted. 5/0 Ordinance 89":'-93 Adopted. 5/0 Continued indefinite17. Ord. 89-94 - Adopted subject to Petitioner's Agreement and changes, 4/1, (Carom. Goodnight opposed) . recreation facilities and open spaces, located on the west side of Airport-Pulling Road (C.R. 31), 1.5 miles north of Golden Gate Parkway (C.R. 886) section 23, Township 49 South, Range 25 East, Collier County, Florida; and by providing an effective date. \ <( (7) Petition ZO-89-5, Community Development Division, representing the County Board of Commissioners requesting an ordinance amending Ordinance 82-2, the comprehensive zoning regulations for the unincorporated area of Collier County by amending section 20, definitions, for the purpose of amending the definition of travel trailer and adding other definitions as a result of modifications to section 7.19, travel trailer recreational vehicle park campground district and by amending Section 7.19, travel trailer - recreational vehicle park campground district provisions to establish maximum floor area; elevated screened-in porches; lot areas and frontage, and setback requirements; required supporting facilities; establishing a maximum length of occupancy; compliance and enforcement provisions; providing for connection to public or private facilities; flood plain elevations and to regulate other aspects of the development of travel trailer - recreational vehicle park campgrounds; providing for conflict and severability; and by providing an effective date. v/ (8) Petition R-89-14, Robert Duane of Hole, Montes and Associates representing Frederick R. Pauly, Trustee, requesting a rezone from A-2 to PUD to be known as Breezewood for a potential mixed use development of retail and non-retail commercial land uses for property located on the southwest corner of Immokalee Road/I-75 interchange quadrant, section 30, Township 48 South, Range 26 East, consisting of 7.42 acres. Ord. 89-89 Adopted as amended 5/0 Ord. 89-95 adopted a~ ner a~ended pundocu~eht 4/0 (Comm. Volne abstained C. OTHER (1) Recommendation to adopt an ordinance amending Ord. 89-96 Adonted 570 Ordinance 72-1, the Collier County Street Lighting Ordinance, by repealing Ordinance No. 78-79 and Ordinance No. 78-62 in their entirety. (2) Public hearing to approve an ordinance confirming Ord. 89-97 Adopted 510 the ratifying Ordinance NO. 89-73 which created the Riverwood Mobile Horne Park Street Lighting Municipal Service Taxing Unit. 3 (3) Recommendation to adopt an ordinance confirming the creation of the Ochopee Fire District Advisory Board. (4) Request Board approval of an ordinance amending Ordinance No. 78-49 to accurately describe the mission of the Isles of Capri Dependent Fire & Rescue District. (5) Petition 89-024, Mark Lamoureux requesting vacation of a portion of the seven and one half foot utility easement on Lot 11, Block 8, Naples Park unit 1, as recorded inn Plat Book 1, Page 106 of the public records of Collier County, Florida, so petitioner can build across easement. (6) Petition SMP-89-14, Q. Grady Minor of Q. Grady Minor and Associates, P. A., representing Dominic LaGrasta, requesting Subdivision Master Plan approval for property located within Willoughby Acres, located 1 mile west of Interstate 75, north of Immokalee Road (C.R. 846), bounded on the west by Lakeland Avenue, in the southeast 1/4 of Section 24, Township 48 South, Range 25 East, and is 10.95 acres in size. (7) Petition SMP-89-18, Robert Furlong of Wilson, Miller, Barton, Soll & Peek, Inc., representing Northgate village Development Corporation, requesting Subdivision Master Plan approval for Northgate Village Unit 3 to be located in the Moorings Park Estates PUD in Section 15, Township 49 South, Range 25 East. Ord. 89-98 Adopted 5/0 Ord. 89-99 Adonted 5/0 Peso. 89-418 Adopted 5/0 Reso. 89-41QAdoDted subject to Petitioner's Agreement 5/0 - < - < p_eso. 89-4-20 Adopted subject to Petitioner's Agreement 5/0 - -. (8) Recommendation that the Collier County Board of Ord. 89-10'1 Adoptee 5/0 County Commissioners approve a land development regulation to implement the Corridor Management Study for Goodlette-Frank Road and Golden Gate Parkway and amend the official zoning atlas maps number 49-25-5, 49-25-7, 49-25-8 and 49-26-4. 4 Vi Petition SMP-89-10 (Companion to R-89-13), wi iam Payne of Hole, Montes and Associates, Inc., epresenting Peninsula Improvement Corp., requesting Subdivision Master Plan approval for property located within the proposed Hawks Ridge PUD, located on the west side of Airport-Pulling Road, 1.5 miles north of Golden Gate Parkway, section 23, Township 49 South, Range 25 East, Collier County, Florida, containing 78.83 acres. (10) Growth Management Plan Land Development Regulations Airport Noise Zone Ordinance. (Continued to January 9, 1990 meeting). / /~,) Public Hearing to consider adoption of an ordinance creating the Chockoloskee Island Municipal Service Taxing and Benefit Unit (MSTU). 7. BOARD OF ZONING APPEALS Peso. 89-417 Adonted subiect to Petitioner's Agreement 5/0 Continued to 1/9/90. Ord. 89-88 Adopted as arrended 5/0 A. ADVERTISED PUBLIC HEARINGS (1) Petition FDPO-89-6 by J. J. Zand of Audubon of Peso. 89-421 Adopted 5/0 Naples Corporation, requesting approval of a variance from the minimum base flood elevation required by the Flood Damage Prevention Ordinance on property described as Auduly Beach and Tennis Club. END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE 8. PUBLIC PETITIONS 9. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) C-89-8, Collier County Agricultural Fair & Exposition, Inc., requesting a permit to conduct their annual fair from January 12, 1990 through January 20, 1990, on the community use site within Orangetree PUD, located on the east side of C.R. 846 in section 14, Township 48 South, Range 27 East. 5 -, C-89-9 Approved and waiver of suretv bond, carnival fee, and occu- pational license. 5/0 B. TRANSPORTATION C. PUBLIC SERVICES (1) Recommendation to award Bid #89-1488 North Naples community Park baseball field. D. UTILITIES (1) Approval of agreement for professional hydrogeological servlces with Missimer and Associates, Inc. for three dimensional modeling of the Golden Gate Wellfield. Contract A awarded to Mid-Continent E1ec., Inc. in the arnt. of $339,n9l.Q5 Contract B aI'\7arded to .APAr Florida in the amt. of $154,205.88, and 5% cantin gency in the amt. of $24,662.39 Approved 5/0 Agreement annroved in an amt. not to exceed $89,400. 5/0 E. ADMINISTRATIVE SERVICES (1) Recommendation to adopt resolutions revoking Reso. 89-422 Adopted 5/0 Certificates of Public Convenience and Necessity from James and Alexandra Sulecki d/b/a Independence Transportation, Naples Taxi Service and First Class Service. (2) Recommendation to adopt resolutions awarding Certificates of Public Convenience and Necessity to Gerhard Sieling d/b/a Independence Transportation, Naples Taxi, Inc., Collier Limo Service, Inc., and Edward P. Eversole d/b/a First Class Taxi & Service. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Request Board approval to issue Request for Proposals, appoint selection committee for short listing and ranking engineering/environmental consultants for obtaining permits for portions of Water Management District No.6. MOVED FRO~/ 14(G) (1) ( (2) Proposed modifications to a resolution ~/ adopting a Florida Department of Natural Resources' interim Manatee Protection Plan. H. COUNTY MANAGER 6 Reso. Reso. :Reso. Reso. 89~423 Adonted SIn 89- 424 J1-donted SIr) 89. 425 Adol)ted 5/0 8Q-426 Adopted 5/0 Staff recommendation ApDroved 5/0 Res. 89- 416- Adopted with changes. 5/0 (1) Recommendation to approve a change order to the Agreement for Professional Services for the Pine Ridge Industrial Park. (2) Board approval of legislative action to provide for the expenditure of sales tax revenues to finance shcool facilities the incremental renewal of the sales tax by the voters and a resolution requesting state funding for the Collier County Agriculture Center. 10. COUNTY ATTORNEY'S REPORT 11. CLERK TO THE BOARD'S REPORT Continued to 1/2/90 to enable review of contract bv rounty Attorney - Consensus. Apnroved 3~2 (Comm. volpe and Hasse opposed) Reso. 89-427 Adopted 5/0 A. Budget Amendments (1) Regarding matters not previously discussed: BA' s 90-56 and QO-60 2. Adopted 5/0 (2) Regarding matters previously discussed: 3. B. Tabulation of Contracts and Documents (as of noon previous Tuesday). C. Analysis of Changes to Reserves for Contingencies. (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). RA's 90-57; 90-59 and 90-61 AdoDted 5/'1 12. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding Homestead Valuation Limitation Reso. 89 --428 AdQPted 510 Amendment. 7 13. OTHER CONSTITUTIONAL OFFICERS A. Public hearing to authorize the Housinbg Finance Authority of Lee County to issue single family mortgate revenue bonds in cooperation with the Collier County Housing Finance Authority, a portion to be used to finance qualifying loan programs in Collier county and to approve a resolution authorizing the Lee Authority to operate in Collier County for this program and to authorize the Collier Authority to enter into an interlocal agreement with the Lee Authority for these purposes. 14. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. Communitv Development (1) Recommendation to approve the final plat of Southpointe Yacht Club. (2) Recommendation to approve a for Block and Associates for Testing. purchase requisition Contractor Licensing (3) To authorize the Chairman of the Board of County Commissioners to certify to the compliance with HUD regulations and requirements in the completion of the "Voucher For Payment Of Annual contributions And Operating Statement" for the Section 8; Existing Certificate, Voucher, and Moderate Rehabilitation Housing Assistance Programs. (4) Authorize for Chairman of the Board of County Commissioners to execute the local government Annual Report for the Enterprise Zone Program. (5) Authorization for Chairman of the Board of County Commissioners to execute satisfaction of liens against property of Howard and Ophelia Allen. ~eso. 89-429 Adopted SIn Approved andlor adopted. 5/0 w/stips. In the amount of $25,nOO (6) Recommendation to grant preliminary acceptance of Reso. 89 -430 wI s tins. the roadway, drainage, water and sewer improvements for the final plat of the "Trade Center of Naples". 8 '- B. Transportation (1) Recommendation to approve a highway lighting joint project agreement wherein the Florida Department of Transportation will provide for a street lighting system on S.R. 29 from North 9th street to south of Lake Trafford Road and for the County to provide for system maintenance. (2) Recommendation to award bid for tree cutting and disposal to D & R Tree Service (Bid No. 89-1480). 1\ (3) Recommendation to execute an easement purchase a~reement for the acquisition of road right-of-way needed for a right turn lane from Airport-Pulling Road (C.R. 31) onto Bailey Lane. (4) Recommendation to approve a Florida Department of Commerce Grant Application for road improvements at the Immokalee Airport with additions. (5) Authorization to obtain specialty environmental services through consultant's subconsultant for the C.R. 951 four-laning improvement project in the City of Golden Gate, CIE #013. c. Public Services (1) Resolve to accept and approve the fees charged by the HRS - Collier County Public Health Unit, pursuant to state law and County procedure. (2) Recommendation that Board approve form contract and authorize signing with hospitals providing service under Health Care Responsibility Act of 1988. D. utilities (1) Trade Center of Naples: Sewer facilities agreement and water and sewer facilities acceptance. Reso. 89-431 wI stips. In the amount of $24,000. Staff to negotiate final fee with Kevin L. En7in, Consulting Ecologist". Inc. in an amt. not -to exceeo $15,000. 15_eso. 89-432 (2) Southport on the Bay, Unit 1, at Lely Barefoot ~.v/stips. Beach water and sewer facilities acceptance. 9 (3) Villa Fontana at the Vineyards, Phase I; water and sewer facilities acceptance. (4) Budget amendment for lease payments on Glades Sewer Plant and effluent pond sites. (5) Recommendation to award Bid #89-1485. ;./ (6) Authorization to solicit professional engineering services for the design of sewer lift station. E. Administrative Services (1) Recommendation to adopt a personnel policy regarding AIDS/catastrophic illness in the workplace. DELETE: (2) Recommendation to award Bid #89-1482 annual bid for fleet vehicles to Bob Taylor Chevrolet, Inc. (3) Report to the Board of County Commissioners on the results of the surplus property auction held December 2nd. F. Emerqencv Services G. Environmental Services MOVED TO 9 (G) (2) (1) Proposed modifications to a resolution adopting a Florida Department of Natural Resources' interim Manatee Protection Plan. (2) Recommendation to award Bid steel-wheeled landfill compactor Machinery Company for $236,302.00. #89-1450 to Adams for a Dewind H. Countv Manaqer (1) Recommendation that the Board of County Commissioners approve the selection committee's action 10 v7/stips. In the amt. of $158,007. rues, Inc., in the a~t. Reso. 89-433 of Orlando, FL of $14R,666. relative to selection of three architectural firms and three engineering firms for annual contracts, and to authorize Board Chairman to execute contracts with four of these firms at the present time. I. Miscellaneous Correspondence (1) certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Extra Gain Time: NEED MOTION authorizing Extra Gain time for Inmate No. 59087, 49975, 58714. RECOMMEND APPROVAL. (3) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 89-180-TM, ($150.00), 88-620-CF, ($173.00), 84-3821-TM, ($12.50), 89-3513, 3516-TM, ($25.00), 88-221-CF, ($37.50), 89-170, 171-TM ($172.50), 89-2845-TM ($87.50), 89-707-CJ ($12.50), 89-120-MM ($12.50), 89-007, 008-TM ($12.50), 87-806-CF ($150.00), 87-518-CF, ($275.00), 88-1805-TM ($12.50). RECOMMEND APPROVAL. J. Board of Countv Commissioners (1) Recommendation to appoint one member to the Marco island Beautification Advisory Committee. 15. ADJOURN BP-D-12/19/89 11 Gora, McGahey and Lee Assoc., Inc.; Victor Latavish Architect, P.A.; Consoer-Townsend ~ Assoc. and Johnson Engineering Reso. 89-434 appointing MS. JoAnne Rusitzky