BCC Minutes 06/09/1993 J (w/Naples City Council) Naples, Florida, June 9, 1993
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special d~strtcts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. in JOINT SPECIAL SESSION in
Building "F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael 3. Volpe
(Absent) Bettye J. Matthews
CITY OF NAPLES:
MAYOR: Paul W. Muenzer
(Absent) VICE MAYOR: Fred L. Sullivan
(Absent) Kim Anderson
R. Joseph Herms
Alan R. Korest
Ronald M. Pennington
Peter H. Van Arsdale
ALSO PRESENT: Ellie Hoffman, Deputy Clerk; Annette Guevin,
Recording Secretary;; Neil Dorrill, County Manager; Ken Cuyler, County
Attorney; Frank Brutt, Community Development Services Administrator:
George Archibald, Transportation Services Adm~nistrator; Bill Lorenz,
Environmental Services Admtntstrator~ Norris IJams, Emergency Services
Administrator; Bob Blanchard, Site Development Review Director; Jeff
Perry, Chief Transportation Planner; Harry Huber, Office of Capital
Pro~ects Management Technical Services Support; Jack Wampler, EMS
Billing Supervisor; Bill Griffin, Emergency Services Administrative
Manager; John Wilver, Building Review and Permit Supervisor;
Dr. Richard Woodruff, City Manager; Maria Chiaro, City Attorney;
Dr. Jon Staiger, Natural Resources Director; and Anne Walker, City
Planner.
Page
June 9, 1993
Co.missioner l~tthe~o, Vice Mayor Sullivan and Council Member Anderson abeent
Tape #1
(23)
Commissioner Saunders suggested that due to the length of the
agenda and time constraints that Item #4C be moved and discussed as
the flrst matter under Item #4.
Commissioner Volpe requested that two minor items be added to the
agenda: Sewertng of the Seagate Subdivision and the Gas Tax issue.
Council Member Herms requested adding to the agenda the funding of
budget reductions for the EMS program. Commissioner Saunders stated
that this issue will be heard in conjunction with the Update on the
EMS funding.
Mayor Muenzer recalled that the discussion relative to the Beach
Restoration and Management Plan was to be heard at l0 A.M.
Commissioner Saunders announced that two additional items will be
heard: #4D - Discussion of Horticultural Waste Incineration; and #4E
- Discussion concerning Sail Boat Parking.
(120)
ZO~XI~ COMPARISON - U.S. 41 NORTH AREA
City Planner Ann Walker explained that included in the packet is a
brief matrix with regards to the City's highway commercial zoning
district with the County's C-4 district. She noted that this concerns
the North Trail between Creech Road and Neapolitan Way.
Ms. Walker reported that the CounTy permits smaller lots, taller
buildings and generally larger signs than are permitted in the City.
In addition, she indicated that the County permits a number of uses
that the City does not list in its ordinance as permitted or con-
ditional in the Highway Commercial District.
Dr. Richard Woodruff, City Manager, advised that as a commonality
of orders have been developed, questions have been posed as to whether
the two elected bodies should seek to standardize the zoning so that
there is not the appearance that one side of the road is under one
Page 2
Sune 9, 1993
regulation and the other side is under another.
Council Member Pennington cited earlier discussions within the
County Commission indicating the possibility of having a transltton
zoning area. He suggested that a mechanism be found to maintain a
compatible situation on the two sides of the subject area.
Commissioner Saunders stated that he believes there is the legal
ability to establish zoning overlay areas which would essentially
adopt the City's standards. He remarked that the existing structures
and signs would need to be grandfathered in, but the issues of rede-
velopment or vacant lots would be remedied.
Council Member Korest indicated that the entrance to Naples is
critical, noting that the impression a visitor gets when driving south
on U.S. 41 for the first time, is a very important impression. He
noted that the present impression Is not a consistent one. He
suggested that a uniform overlay be extended from Creech Road to Pine
Ridge Road.
Commissioner Saunders questioned whether the Commission is
desirous of having staff explore the issue of any overlay district
heading north up to Creech Road on the eastern side of U.S. 41 and an
overlay north of Creech Road on both ~ides of U.S. 41 that would be
consistent with the zoning standards contained in the City.
Com~issioner Volpe remarked that he does not have a desire to move
forward on this issue. He explained that the issues of signage and
landscaping can be addressed through the flexibility of PUD's that may
come before the Board.
Commissioner Norris concurred with Commissioner Volpe's remarks.
Commissioner Constantine stated that he has no desire to move for-
ward in this regard, noting that this would take a considerable amount
of staff time on the part of both entities.
Commissioner Saunders stated that he does not disagree with the
City's concerns relative to a zoning overlay but there is no support
to move in this regard.
X~em ~3B
BOOK ~I~PAG£ 04 Page 3
AND AS ARCHITHCTURAL DETAILING
June 9, 1993
City Manager Woodruff advised that the Council has recently heard
concerns from citizens relative to the architectural use of neon. He
pointed out that other concerns have been expressed with regard to the
sign itself.
Planner Ann Walker reported that ~;he gathered a group, consisting
of members from the sign industry in The Naples area, Beautification
Council, Chamber of Commerce and the users of neon to discuss this
problem. She explained that definitions and distinctions in this
regard are extremely difficult.
Ms. Walker indicated that there are no industry standards and this
issue should be approached from an ae~thettc point of view.
Ms. Walker stated that she has had discussions with staff from
Palm Beach and Boca Raton, both of which prohibit the use of lighted
signs, almost totally, however, they are allowed through architectural
review or community appearance boards.
Ms. Walker remarked if the desire of the Council is to proceed,
this will be a difficult task.
City Manager Woodruff explained that staff is requesting direction
on the following:
1. Actual use of neon for a sign that is on the outside of a
building.
2. Should signage inside a window be regulated.
3. Should architectural lighting of a structure be regulated.
Commissioner Saunders revealed that the County Commission has
recently conducted public hearings and changes have been made to the
sign ordinance.
Mr. Korest stated that this item was placed on the agenda to
determine whether there are any problems in the County and to possibly
define same and move forward with some type of uniformity with regard
to regulation. He noted that it appears that the County has deter-
mined there is not a problem.
The following persons spoke with regard to this item:
Page 4
June 9, 1993
Michael Boyd
Mike Davis
Ed Newman
Council Member Korest cited that he would like to see some limita-
tion relative to window signage. He indicated that perhaps the
Cou~lty's limit would be acceptable. He expressed a desire to elimi-
nate window signage, noting that access lighting should be a 3oint
City/County examination.
Council Member Van Arsdale stated that his concerns are similar to
those expressed by Council Member Korest. He declared that uniform
standards should be adopted and suggested that City staff work with
the County.
Council Member Herms called attention to the difficulty in driving
past the Outback Steakhouse, due to the amount of neon on the
building. He pointed out that the neon lighting which was recently
completed on the Park Shore Plaza is actually pleasing since it is not
that extensive. He noted that a limitation in the number of lineal
feet that may be utilized on a certain building may be the median that
is an acceptable standard in the community in addition to allowing for
the creative use of neon in a tastefully done commercial area.
Council Member Pennlngton stated that the City needs to review
this issue during a workshop session.
Mayor Muenzer remarked that he was not aware of the existence of
the committee, as mentioned by Mr. Davis. He suggested that the com-
mittee report back to Council with regard to any development in this
regard.
Commissioner Saunders stated that County Manager Dorrill will
provide Dr. Woodruff with information concerning the committee and
future meetings to be held.
Commissioner Volpe explained that he would like to have the City
and County discuss the possibility of establishing an architectural
review committee.
Commissioner Saunders suggested that City and County staff present
information with regard to an architectural review committee to be
discussed at the next Joint meeting.
Page 5
June 9, 1993
(lm6o)
STATUS R~PORT PERTAINING TO THX COLLIER COUI~I'~ B~ACH
Commissioner Saunders advised that the Tourist Development Council
(TDC) is recommending to the County Commission, an aggressive schedule
for the funding of beach related projects as well as the tourism
related projects.
Commissioner Saunders reported that on June 15th, information will
go out to the public, soliciting proposals for Beach and Pass main-
tenance programs as well as tourism related programs. He noted that
proposers will have until 5:00 P.M. on 3uly 26th to submit their
proposals to County staff. He explained that the TDC will submit the
beach related issues to the City/County Beach Committee during the
first week of August. He related that the TDC will consider the beach
related issues on August 16th and the tourism related issues will be
considered on August 18th for submission to the County Commission
approximately 10 days later.
Office of Capital Projects Technical Services Supervisor Huber
provided an update of the status of the preliminary design of the pro-
Ject,
Dr. Jon Staiger, Natural Resources Manager for the City, announced
that the beach restoration project encompasses the area from Wiggins
Pass to Gordon Pass. He noted that the Committee is also involved in
addressing some of the Marco beach restoration issues which is an
independently funded project.
Dr. Michael Stephen, Project Manager for the Collier County Beach
Restoration Project and Management Plan, outlined the schedule and
approach for the upcoming work, as detailed in his handout. He
related that he will meet monthly with the Beach Committee and quar-
terly at the Joint Session of the City Council and County Commission.
Dr. Stephen explained the criteria which can be utilized to eva-
luate and Judge the sand source material (handout provided).
~OOK ~P~%£ 07 Page 6
June 9, 1993
Dr. Stephen referred to historic photos of the beach comparing the
surface area of water and the characteristics of sand movement around
Gordon Pass from 1952 and 1962.
In answer to Council Member Pennington, Dr. Stephen advised that
the Erosion Control Line Survey is not scheduled to be done specifi-
cally under this work, but rather du~tng the permit process after the
project has been defined through the preliminary design.
Commissioner Saunders stated that he would like the Beach
Committee to explore whether it would be advisable for the County and
the City to hir~ a consultant to assist in the efforts of obtaining
federal funding.
I~'VI~ OF ~ SECO]ID GORDON RIVER BRI~ FAT~ ~W S~, ~ OF
~ ~~ D~~/TIMING ~ ~C~ATION ~R ~ING OF ~
MPO Coordinator Perry stated that this item is the continuing
discussion of the Fatal Flaw Analysis, specifically additional work
requeated by the MPO.
Mr. Perry reported that the Metropolitan Planning Organization
Indicated that an additional analysi:~ is necessary to determine
whether a toll facility is feasible. He remarked that various toll
amounts have been considered in addition to the cost of debt aervice
and maintenance.
Transportation Services Administrator Archibald explained that
this item involves a brief review of the Fatal Flaw Study; timing of
the various projects; and the issue of funding.
Mr. Archibald advised that information will be obtained to deter-
mine the possibilities of the Second Gordon River Bridge being
feasible in advance of a schedule th~? County may have. He remarked
that thts project will be brought into the County's work plan in 1999
with the Idea that the construction of same, in order to meet capacity
requirements, will be in the year 2005.
Mr. Archibald pointed out that neither the County, nor the City
800~ O00P'G[ 08 Page ?
June 9, 1993
have the funds to undertake a project like this and therefore, the
funding issue is critical.
Mr. Archibald confirmed that the Fatal Flaw Study reviewed five
different alignments: two south of the Airport; and three north of
the Airport, He noted that the Study analyzed a series of factors as
to whether this project is possible and probable.
Mr. Archibald revealed that Alignment #4 has certain advantages
over the others. He explained that this alignment runs straight
across the north side of the Airport east and west, extends and T's
into Goodlette-Frank Road. He announced that this alignment repre-
sents the lowest cost and the least amount of wetland impact. In
addition, he indicated that this alignment does interconnect with the
future Livingston Road, east of the Airport.
Mr, Archibald stated that this alignment does not interconnect
with a residential road system, i.e. ?th Avenue North or 5th Avenue
North, and noted that a T-Intersectlon may not have the capacity of a
through Intersection.
Mr. Archibald related that the Fatal Flaw Study outlines the
advantages of Alignment #4 and both staffs have obtained information
with regard to undertaking a traffic, toll and revenue study on that
alignment to determine whether this project ts feasible as a toll pro-
Ject.
cee bcordtng Secretary Guevtn replaced Deputy Clerk Hoffman
at this time ***
Responding to Council ~ember ~ennington, Transportation Services
Ad~intstrator Archibald ~tated one of the largest elements of the
study, and the largest cost item, is the traffic analysis. He said
that analysis is extremely important tn order to authenticate and
document future traffic that will be attracted to that corridor. He
indicated part of the analysis will also provide information to Jeff
Perry's office that will allow him to look at other alignments. He
advised the option is available to have the consultant do the toll
revenue side of all five alignments or simply do the traffic analysis,
June 9, 1993
provide the data to the County, do a toll revenue for that one align-
ment and let the Staff do the toll revenue projections for the other
four. He remarked he would feel more comfortable having that infor-
mation for all five alignments, although the costs will be increased
from approximately $35,000 to $39,000.
Jeff Perry noted tn discussions with FDOT, possible federal and
State funding was explored for this project. He said Staff was asked
to prepare a timeline that shows how federal and State funding might
be used for the project tn terms of when the federal and State govern-
ments could build it with their money, and also tn view of advancing
phases of the project with local funds. He said those local monies
would then be repaid at the time the project is budgeted by the State.
He explained two single-page exhibits provided the group, one con-
taining the FDOT's adopted five year work program and the other which
provides costs associated with the traffic/toll/revenue study.
In answer to Commissioner Volpe, Mr. Perry explained all federal
funds come to Collier County through the FDOT district and are
programmed at the discretion of the MPO. He said almost all FDOT pro-
Jects result in 80 percent funding by the State, with 20 percent local
matching funds.
Commissioner Volpe pointed out the second bridge over the Gordon
River ts a County road.
Mr. Perry agreed, explaining that under the Intermoda] Surface
Transportation Efficiency Act (ISTEA), funds can be programmed on
non-State highways provided they are not local collector roads. He
said the MPO can then prioritize the annually available funds for work
on almost any major highway.
A lengthy discussion ensued with regard to the multi-page exhibit
provided the group depicting fictitious toll scenarios.
Responding to Council Member Van Arsdale, Mr. Perry indicated from
a concurrency standpoint in the County's work program, this project
falls out beyond the year 2000, due to the scheduled eight-laning of
the existing bridges and stx-laning of Golden Gate Parkway.
Page 9
June 9, 1993
Council Member Van Arsdale remarked the second Gordon River bridge
seems to be a very high priority from a public perception standpoint,
yet not as a road building project.
Mr. Perry communicated the urgency at this point in time stems
from the fact in two to four years, the State will be widening the
existing six-lane bridge. He said during that two to three year
period of construction, there will be a tremendous amount of disrup-
tion in the traffic flow. He reported what happens on the existing
bridges affects every other road within the core of the central urban
area.
The following people spoke regarding this item:
Joseph J. Studs Bill Neron
Commissioner Saunders questioned if Staff is requesting the group
take action on the toll study this date?
Mr. Perry responded in the affirmative, adding the City has a
contract with the consultant, but they cannot move forward with Jt
without the Board of County Commissioners' endorsement.
Council Member Pennington commented according to the schedule,
there appears to be a degree of overlap on three different construc-
tion projects. He said this group's first priority should be to
assure that construction is not occurring on three arteries in and out
of the City st the same time.
Council Member Korest pointed out that there has been much anxiety
for some time with the total chaos projected to occur with the eight-
laning of U.S. 41, and the only way to avoid that is with a second
Gordon River bridge. He said this group must determine whether or not
a toll is v/able, and that decision must be made soon.
Commissioner Constantine suggested that portions of the study may
not be necessary for the sole purpose of determining the feasibility
of a toll.
Jack Bart w~th Bart, Dunlop & Associates, Inc., stated the only
possible area that may be curtailed at this point in time is Task #3,
the Local Road Network Analysis, for a cost of $3,900.
,oo, 0007, [ 11
Page 10
June 9, 1993
Commissioner Volpe questioned if the study indicates a toll faci-
lity is not feasible, will the project be abandoned?
Transportation Services Administrator Archibald reported the pro-
Ject will either be addressed tn the year 2000, when it becomes a con-
currency issue, or other funding may be found in the interim.
C~/as~oner dorria ~oved, seconded by Co.missioner Saunders, to
~ f~um~tn~ one-half of the traffic and toll/revenue stud~
the exception of Task
Commissioner Volpe commented that from the information provided,
it has become clear to him that a toll facility will not work, there-
fore, he cannot support this study.
Volpe opposed).
Council Member Pennington reiterated his feelings that Task #3 is
very important and should be included in the study.
Council Member Van Arsdale stated in his opinion, with the excep-
tion of Task #3, the study is a total waste of money.
Ce~%nc~l Me~ber l%enntn~ton moved, seconded by Council Meaber Korest
to f~%~d ~ b~lance of the study, includin~ $3,900 for Task #3. Upon
roll ~ll, ~ ~otton carried 3/2 (Council Membera Heres and Van
(e0o)
UPDAT~ ON TH~ ~ FUNDIN~ ISSU~ - ~EPORT ACCEPTED
Commissioner Saunders stated he has been advised by Staff that the
EMS report distributed to the group is for informational purposes. He
said the Board will review the information and provide directlon to
Staff at a subsequent meeting.
Later in the meeting, Council Member Herms stated he has been pro-
vided information through discussions concerning the airport, that
people are paying different rates for fuel. He said the County has
been paying a substantially higher rate for fuel than the Mosquito
June 9, 1993
Control District. He reported the Mo~quito Control District has been
paying approximately $1.00 with the add-on charge of between five and
seven cents per gallon as a flowage fee, and they are pumping their
own fuel. He said in 1986, the County requested the ability to do
the same and was refused. He indicated the rules are now changing and
that ability will be available. He encouraged the Board of County
Commissioners to establish the tanks on site to be able to pump their
own fuel and also take into consideration asking for a rebate for the
charges incurred to date.
County Manager Dorrtll advised the County has had at least two
meetings with the new airport director to pursue getting a public ser-
vice or emergency service rate for fuel for the County EMS helicopter.
He indicated a draft agreement has been compiled that will allow that.
He said he was not aware of any possibility of a retroactive oppor-
tunity, however, he will pursue that and incorporate it into the
agreement if possible.
(~30)
It was the consensus of the group that a discussion pertaining to
the gas tax will be held at a future meeting.
(~0)
I~,m #4D
DI~CU~IO~ OF HORTICULTURAL #AST~ INCINERATION
County Manager Dorrill reported both the City and County are
currently chipping horticultural waste.
Mayor Muenzer noted the County is strongly opposed to burning hor-
ticultural materials, yet at the same time, the City is receiving fre-
quent complaints because of developers burning in areas east of the
City.
County Manager Dorrill communicated the County ~s currently
chipping approximately 50,000 tons of horticultural waste per year.
He said most of the large developers are chipping their own materials
June 9, 1993
on site and retaining that material for landscaping purposes. He said
he ts unaware of developers burning horticultural waste.
Mayor Muenzer indicated the City Council Is asking the County to
support the idea to require developers to chip their horticultural
materials.
Commissioner Saunders asked the County Manager to place an item on
the regular Board of County Commissioners' agenda for discussion of
this issue.
{8o3)
DI~SSION OF ~AI~BOAT PA~EING AT COUNTY BEACHES
Commissioner Saunders recalled the City has recently restricted
the number of sailboats that can be placed on City beaches and ts
requiring a permit to do so. He said there are not enough spaces on
City beaches for City residents, yet the City must also deal with
County residents looking for space to park their sailboats. He asked
if sailboat parking is allowed in Collier County and if not, will the
Board consider a system similar to that of the City?
County Manager Dorrtll reported the County currently allows
sailboat parking through a "vehicle on the beach permit". He said tt
is his understanding that there are few, if any permits, issued for
private boats.
Council Member Pennlngton stated ~hey have been told by County
residents that Collier County has no provision to allow them to park
their sailboats on County beaches.
Dr. Woodruff indicated the confusion may be due to the fact that
the City allows parking a private boat in the public right of way,
which Is not allowed by Collier County.
County Manager Dorrtll asked the City to convey that information
to County residents who are approaching the City with their request.
He said if there is a desire on the part of the public to approach the
Board to expand parking within the public right of way, they may do so
through the public petition process.
000P'~[ li Page 13
June 9, 1993
(1037)
DXSCUSSXON OF CENTRAL S[~T~RS AT THE SEAGATE SUBDIVISION
Commissioner Volpe noted the Courity Is now In a position to pro-
vide municipal services, including waiter and sewer, to the Seagate
Subdivision. He said through conversations with Seagate residents, he
understands that the City is contemplating providing sewers to them·
He advised in order to provide those residents with cost comparisons,
he has asked Staff to look into what it would cost for the County to
undertake the capital costs of bringing sewers to the Seagate
Subdivision. He reported those costs will be approximately $750,000.
Dr. Woodruff communicated the City's total project, which includes
the laterals and stub-outs to the property lines, as well as total
resurfacing of the roads, will cost $500,000.
Commissioner Volpe agreed to share with Dr. Woodruff the infor-
mation provided to him by County Staff.
There being no further business for the Good of the County, the
meeting Was/ ad3ourned by Order of the Chair - Time: 12:40 P.M.
r~e~ .minutes approved by the Boa]'d on
as presented ~ or as correct~d
BOARD OF COUNTY CO~ISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
rBURT' L SAUNDERs, CHAIRMAN
BOOK O~P~{,~. 15 Page 14