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Recap 02/13/1990 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 13, 199Q 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST P~EGISTER PRIOR TO SPEAKING. REQUESTS ~O 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. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES  fWorkshop minutes of January 15, lar meeting of January 16, PROCLAMATIONS 1990. 1990. A. Service Awards as follows: Donald Wheeler, Solid Waste - 15 years. iBricker, Road and Bridge - 5 years. marion designating the week of February 18, bruary 24, 1990 as Engineering Week. 1990 ADVERTISED PUBLIC MEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition No. R-89-27, William R. Vines of Vines and Associates, Inc., representing Quail Creek Country Club, Inc., requesting a fezone from GC to RSF-2 for zoning boundary line corrections for property located on the north side of Immokalee Road (S.R. 846) approximately 1/2 mile east of 1-75 in Section 17, Township 48 South, Range 26 East. Approved w/changes 5/O Approved 5/0 Approved 5/0 Presented Presented Adopted 5/0 Ord. #90-12 Adopted 5/0 /~(2) Petition ZO-89-25, an ordinance amending ordinance No. 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, by amending Section 8, supplementary district regulations, sub-section 8.12d, off-street parking; location, to add provisions that prohibit direct access to private drives from parking lot spaces or in the alternative require design standards, by providing for conflict and severability, and by providing for an effective date. (3) Petition R-89-9, Dr. Neno J. Spagna, representing Donald G. Carman, requesting a fezone from "E" Estates and PUD to PUD known as Randall Boulevard Center, for a commercial shopping center, containing approximately 50,250 square feet of gross floor area, and is located on the south side of Randall Boulevard, just east of the Big Corkscrew Island Fire and Rescue Station, and is further described as the east 180 feet of Tract 71 of Unit 23, Golden Gate Estates, the west 150 feet of Tract 71 of Unit 23, Golden Gate Estates, and the east 1/2 of Tract 54 of Unit 23, Golden Gate Estates, in Section 27, Township 48 South, Range 27 East, and consisting of 7.5 acres, more or less. · Petition No. ZO-90-2, Community Development Division requesting an amendment to the Collier County Zoning Ordinance 82-2, by amending all phases in the Ordinance 82-2 which state "in Section 8.31" and replacing those phases with "The Collier County Sign ordinance 89-60", and removing sign definitions from Section 20. Motion Failed 2/3 (Comm. ~hanahan, Saunder and Goodnight opposed) Failed - 3/2 (Comm. Saunders and Volpe opposed) Ordinance 90-13 - Adopted. 5/0 (5) Petition PDA-89-15, Fred N. Thomas, Jr., :Executive Director of the Collier County Housing Authority, representing Collier County Concerned Citizens, requesting an amendment to the Collier village PUD by deleting the PUD Site Plan approval requirement, by changing buffering requirements, by providing that the PUD Master PLan serves as the Subdivision Master Plan, by deleting the requirement to submit a conceptual site Plan depicting how native vegetation will be retained, by amending the PUD Master Plan, and other incidental changes, for property located on the west side of South Fifth Street, approximately one-quarter (1/4) mile west of South First Street (C.R. 846) in Section 9, Township 47 South, Range 29 East, in Immokalee, consisting of 39 acres, more or less. (Withdrawn - readvertised for 2/27/90 meeting). Withdrawn - Readvert~ for February 27, 199 ion SMP-89-16, Jeffery Nunner of Hole, Associates, representing Audubon Joint requesting Subdivision Master Plan approval for Audubon Country Club Tract E, for property located on the east side of Vanderbilt Drive and approximately one-quarter (1/4) mile south of the Lee County Border in Section 9, Township 48 South, Range 25 East, consisting of 6.78 acres, Collier County, Florida. ResolUtion 90-65 - Adopted, subject to stipulations. 5/0 //~(2) Public hearing to approve an ordinance amending .'~'~visions for traffic impact statements, by adding requirements for payment, and by providing for an effective date. Ordinance 90-14 - Adopted with changes 5/0 ~(/3) An ordinance amending Ordinance No. 72-1 Collier County Street Lighting District, by adding certain existing street lighting districts and repealing those ordinances establishing those districts as street lighting ~unicipal service taxing units. (4) Public hearing to consider the creation of a street lighting district in the Collier Park of Commerce (a/k/a East Naples Industrial Park) and to enact an ordinance for same. Ordinance 90-15- Adopted with changes 5/0 Ordinance 90-16- Adotped 5/0 ./(5) Petition AV-89-026, Westinghouse Communities of Naples, Inc. requesting vacation of a portion of the eighty four foot (84') road right-of-way platted as Greentree Drive located in -a portion of the plat Pelican Bay Unit #9 as recorded in Plat Book 15, Page 26 of the public records of Collier County, Florida. Resolution 90-66 - Adotped 5/0 (6) Recommendation providing for an exchange of property pursuant to State Statute 125.37 regarding Immokalee Middle School. (Continued to 2/20/90 meeting). Contin_ued to 2/20/~ /~(7)~ Petition DRI-88-1C, Wilson, Miller, Barton, Soll and Peek, Inc.., representing Stephen Tavilla, requesting development approval of "Regency Village of Naples", a mixed-use development of regional impact containing commercial, residential and golf course components, for property located in the northwest quadrant of 1-75 and Immokalee Road (C.R. 846) in Sections 18 and 19, Township 48 South, Range 26 East (200 acres). (Continued from 1/23/90 meeting). ~evelopment Order 90-1 Resolution 90-67 = Adopted subject to stipulations as amended 4/0 (Comm. Volpe abstained) m(B/~).Ordinance regulating noise levels unincorporated area of Collier County. within the Ordinance 90~17 Adopted with changes, 5/0 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition CCCL789-7, Blair A. Foley of Coastal Engineering, representing Barefoot Beach Associates, Ltd., requesting a variance from the coastal construction control line (CCCL) to allow for the construction of four elevated dune walkover structures and to create dune enhancement in the Barefoot Beach Development, Section 6, Township 48 South, Range 25 East, Collier County, Florida. Resolution 90-68 - Adopted subject to stipulations 5/0 /(2) Petition No. V-89-18, Lewis Anderson the owner of Denied / this property, is requesting a three foot waiver of the required ten foot rear yard setback for a pool enclosure, for property at 373 Fox Den Circle in Naples. 5/0 FDPO-89-7, Rick Wagoner of Maritime Resolution 90--69 Venture I, requesting a variance from the minimum base flood elevation as required by the Flood damage Adopted 5/0 Prevention ordinance on property described as Goodland Marina. (4) Petition V-89-11, Neno Spagna, representing Continued to 3/13/9 Harvey Brothers Farms, Inc., requesting a 744 foot variance from the required front yard setback of 1000 feet to 256 feet to permit a mobile home for property located approximately four files west of C.R. 9§1 and approximately 185 feet north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Continued to 3/13/90 meeting). ,~-,END ADVERTISED PUBLIC HEARINGS Petition PU-88-21C, Neno J. Spagna of Florida an Institute, Inc., representing the Bethesda Church of Christ, requesting extension of Provision Use "a" of the "E" Estates Zoning District for a church and church-related facilities. Resolution 90-70 Adopted. 5/0 OTHER (1) Recommendation to adopt criteria for the waiving of surety bonds and application fees for certain carnivals, exhibitions and events such as the Collier County Fair, Sea Festival, Immokalee Harvest Festival, Golden Gate City Frontier Days and Marco Island Christmas Island Style. Criteria approved as recommended by Staff 5/0 ~LIC PETITIONS A. Des Farrell regarding church parking. Staff directed to draft ordinance and bring back. 5/0 B. J. Wayne Falbey representing Pelican Lake PUD. No Action. C. 'Daniel E. Conley representing Paradise Pointe PUD. No Action. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Petition C-90-1, Barbara Mainster of the Carni Permit 90-1 ar RedIands Christian Migrant Association, requesting requirement for sur~ a permit to conduct a carnival from february 26, bond waived. 5/0 1990 through march 4, 1990 on the Immokalee Child Development Center site (Old First Baptist Church proper~y) North and 5th Street North, in Section 4, Township 47 South, Range 29 East (Immokalee). (2) Request the Board of County Commissioners Agreement and amend- approve an agreement between Collier County Concerned Citizens, Inc. whereby Collier County ment to June 12, 1989 Concerned Citizens will reimburse the County for Agreement approved 5/0 engineering services and infrastructure at Collier Village. (Continued from 2/6/90 meeting). (3) Request the Board of County Commissioners to approve agreement with Anchor Engineering, Approved 5/0 authorize Chairman to execute agreement, appoint Compliance Services Section Manager as "Contract Manager" and the Housing and Urban Improvement Director as "Project Coordinator". (Continued from 2/6/90 meeting). ADD: /(4) Sponsorship of carnival - request for permit. Carni Permit 90-2 approved, subject to review by Staff and County Attorney. 5/0 B. TRANSPORTATION PUBLIC SERVICES UTILITIES ADMINISTRATIVE SERVI. CES (1) Discussion of Marco Island Airport. EMERGENCY SERVICES ENVIRONMENTAL SERVICES (1) .Recommendation to award Bid topographic mapping to . Abrams Corporation. Staff to extend an invitation to DNR thru Governor & Cabinet and insist that airport re main open until consul tant's master plan is completed & final de¢~ is made re lessor. #89-1510 aerial Contract awarded in t Aerial Survey amount of $81,895. 3 (Comm. Shanahan & Go¢ night not present) COUNTY MANAGER (1) Authority to negotiate a contract criminal justice consulting services. for ContinUed to 2/20/9f Consensus CONTINUE TO 2/20/90 MTG. (2) Fiscal Year 1991 Budget Policy. Continued to 2/20/90 ADD: ~/ (3) Discussion regarding consultant selection Continued to 2/20/90 interviews (Utilities projects). Consensus 10. ~OUNTY ATTORNEY'S REPORT 11. CLERK TO THE BOARD'S REPORT , Budget Amendments (1) Regarding matters not previously discussed: BA 90-108 Adopted 3/0 1. (Comm. Shanahan & Goodnight not present) ~ (2) Regarding matters previously discussed: 5. Budget Amendment Resolution No. 90-10 and BAR~s 90-10/11 Adopted 90-11. 3/0 (Comm, Shanahan & Goodnight not present) BA's 90-103-105; and BA's 90-110/111 Adopted 3/0 (Comm. Shanaban & Goodnight not present) 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). 12. BOARD OF COU,~TY COM~4ISSI,QN~RS 7 13. OTHER CONSTITUTIONAL OFFICERS 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. C~mmunitv Dev~QpmeD% 1) A resolution providing for assessment of lien in rder to recover funds expended by the County to emedy a hazardous and dangerous condition on: commencing at the N.W. corner of the E 1/2 of the N.E. 1/4 of the N.E. 1/4 of Section 9, Township 47 So., Range 29 E., Collier County, Florida; thence southerly along the west boundary of the E. 1/4 of the N.E. 1/4 of the S.W. 1/4 of the N.E. 1/4 a distance of 200 feet; thence easterly and parallel with the south boundary of Block 4, Palmetto Park, a distance of 80 feet thence southerly and parallel to said west boundary a distance 236.07 feet, thence easterly and parallel with said south boundary of Block 4, Palmetto . Park, a distance of 221.63 feet; thence northerly and parallel to said west boundary distance of 436.52 feet to the south boundary of Block 4, subject to an easement in favor of the public over the southerly 30 feet for road right-of-way purposes, pursuant to Ordinance 76-40 and 85-33. Approved and/or Adopted 7/0' (Comm. Shanahan & Goodnight not present) Resolution 90-71 (2) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 13, Block 164, Golden Gate, Unit No. 5, according to the plat thereof, recorded in Plat Book 5, Pages 117 through 123, inclusive, of the public records of Collier County, Florida pursuant to Ordinance 85-33. ) A resolution providing'for assessment of lien in der to recover funds expended by the County to abate blic nuisance on Lot 23, Block 164, Golden Gate, Unit No. 5, according to the plat thereof, recorded in Plat Book 5, Pages 117 through 123, inclusive, of the public records of Collier County, Florida pursuant to Ordinance 85-33. Resolution 90-72 Resolution 90-73 / (4) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 26, Block 231, Unit 7, Golden Gate according to the plat thereof, recorded in Plat Book 5 of the public records of Collier County, Florida pursuant to Ordinance 85-33. Resolution 90-74 i(5) A resolution providing for assessment of lien in rder to recover funds expended by the County to abate ublic nuisance on Lot 5, Block 331, Marco Beach, Unit en, according to the plat thereof, recorded in Plat 8 Resolu%ion 90-75 Book 6, Pages 74 through 79, inclusive, of the public records of Collier County, Florida pursuant to Ordinance 85-33. (6)~~Aresolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 13, Block 136, of Marco Beach Unit Five, a subdivision according to the plat thereof, recorded in Plat Book 6, Page 39-46 of the public records of Collier County, Florida pursuant to Ordinance 85-33. Resolution 90-76 (7) Recommendation to accept the security for ~ ~ ~xcavation Permit No. 59.372 Southpointe Yacht Club", / / located in section 22 and 23, Township 50 South, Range -'~ 25 East. ~ ' ' (8~) Recommendation to approve for recording, the final With Stipulations ~// plat of "Heron Pointe At The Crossings". (9) Recommendation to award surveying contract for Agreement to W. Lamar right-of-way construction permitting. Evers, Inc., at $45/hr, pursuant to RF? 89-1475 /~(10) A resolution providing for assessment of lien in Resolution 90-77 order to recover funds expended by the County to abate public nuisance on Lot 15, Block 193 of Marco Beach Unit Seven, a subdivision according to the plat thereof, recorded in Plat Book 6, page 55-62, of the public records of Collier County, Florida pursuant to Ordinance 85-33. ~11) A resolution providing for assessment of lien in /order to recover funds expended by the County to abate Resolution 90-78 ~/publi¢ nuisance on Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, public records of Collier County, Florida pursuant to Ordinance 85-33. (12) A resolution providing for assessment of lien in /order to recover funds expended by the County to abate /public nuisance on Lot 25, Block 189, Unit No. 6 Part ,/- Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 130 of the public records of /i11ier County, Florida pursuant to Ordinance 85-33. ) A resolution providing for assessment of lien in der to recover funds expended by the County to abate Resolution 90-79 Resolution 90-80 public nuisance on LOt 7, Block 74, Golden Gate, Unit No. 2, according to the map or plat thereof recorded in Plat Book 5, Pages 65 to 77, inclusive, of the public records of Collier County, Florida pursuant to Ordinance 85-33. z~14) A resolution providing for assessment of lien in order to recover funds expended by the County to abate p~blic nuisance on Lot 15, Block 156, Golden Gate, Unit NO. 5, according to the plat thereof, as recorded in Plat Book 5, Pages 117 through 123 inclusive, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. Resolution 90-81 · ~ (15) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 20, Block 1, South Immokalee Heights, according to the plat thereof, as recorded in Plat Book 3, Page 29, of the public records of Collier County, Florida pursuant to Ordinance 85-33. Resolution 90-82 /(16) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 5, Block 389, of Marco Beach Unit Twelve, a subdivision according to the plat thereof, recorded ~n Plat Book 6, Page 87-91 of the public records of Collier County, Florida, pursuant to ~, Ordinance 85-33. (17) A resolution providing for the assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 7, Block 352 of Marco Beach Unit Eleven, a subdivision according to the plat thereof, as recorded in Plat Book 6, Pages 80-86 of the public records of Collier County, Florida pursuant to Ordinance 85-33. Resolution 90-83 Resolution 90-84 (18) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance for Lot 8, Block 4, of the Marco Beach Unit One, a subdivision according to the plat thereof, ~recorded on Plat Book 6, Page 9 through 16, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. Resolution 90-85 (19) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 13, Block 5, of Millers Park Subdivision, a subdivision of Collier County, Florida, as per plat or map thereof recorded in the public records of Collier County, Florida, in Plat Book 2, at Page 80. 10 Resolution 90-86 (20) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 29 and 30, Block A, Bondurant Subdivision, Collier County, Florida, pursuant to Ordinance 85-33. Resolution 90-87 (21) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 2, Block 230, of Marco Beach Unit Six, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 47-54 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. Resolution 90-88 (22) A resolution providing for assessment of lien in Resolution 90-89 order to recover funds expended by the County to abate public nuisance for Lot 32 and 33, Block 12, Naples Manor Lakes, according to the plat thereof as recorded in Plat Book 3, Pages 86 and 87 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (23) A resolution providing for assessment of lien in Resolution 90-90 order to recover funds expended by the County to abate public nuisance on Sunshine Park Mobile Homes Lot %8, Section 12, Township 51 S., Range 26 E., of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (24) A resolution providing for assessment of lien in order to recover funds expended by the County to abate Resolution 90-91 public nuisance on Lot 2, Block 362, Marco Beach Unit Eleven, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 80 through 86, inclusive, of the public records of Collier County, Florida pursuant to Ordinance 85-33. ,(25) A resolution providing for assessment of lien in Resolution 90-92 order to recover funds expended by the County to abate public nuisance Lot 21, Block 209, Unit 6, Part 1, Golden Gate, according to plat thereof recorded in Plat Book 9, Page 7, of the public records of Collier COU/lty, Florida, pursuant to Ordinance 85-33. (26) A resolution providing for assessment of lien in Resolution 90-93 order to recover funds expended by the County to abate public nuisance in Township 47 South, Range 29 East, all of the north half of the northwest quarter of the northeast quarter of the northeast quarter and the - northwest quarter of the northeast quarter of the northeast quarter of the northeast quarter of Section 11 (27) A resolution providing for assessment of lien in jJ'Order to recover funds expended by the County to abate p~blic nuisance for Lot %6~ Block 49~, of_Ma~o Be~c~ Unit Thirteen, a subdivision accoralng thereof, recorded in Plat Book 6, Page 92 through 99, of the public records of Collier County, Florida, pursuant to ordinance 85-33. R"e so lution 90-94 (28) A resolution providing for assessment of lien in Resolution 90-95 order to recover funds expended by the County to abate public nuisance on Lot 13, Block 390, of Marco Beach Unit Twelve in subdivision according to the plat thereof, recorded in Plat Book 6, Page 87-91 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (1) Recommendation to execute purchase agreement for the advance acquisition of road right-of-way for the future Airport Road extension (C.R. 31) north of Immokalee Road (C.R. 846). C. Public Services CONTINUE: (1) St. Andrew Square; maintenance bonds, general. meeting). 2) Emerald Lakes, Phase IIA, (Lot 28 through 42) and With Phase IIB, (Lot 36 through Lot 50) water and sewer f~cilities acceptance. maintenance bond and Continued Indefinitely (Continued from 2/6/90 Stipulations · J/ {3) Amberly Village at Royalwood Golf Country Club - With Stipulations Unit Three - water and sewer facilities acceptance. E/~dministrative Services (1) Recommendation to establish two new pay titles. Resolution 90-96 F. Emeraencv Services 12 G. Environmental Services ~ /(1) Recommendation that all Solid Waste public ~ / relations activities be done in-house by County ~ personnel. (Continued from 2/6/90 meeting). H. 3ount~v Manager / (1) Recommendation that the Board of County Resolution 90-97 ~. /~-~ Commissioners approve a resolution to accept easements ~ to and include in the maintenance program, two (2) Lely entrance monuments for the Lely Golf Estates Beautification Municipal Service Taxing Unit. ounty Commissioners 1) Recommendation to appoint one Contractor's Licensing Board. member to the Resolution 90-98 appointing Les Dickson J. Mis/cellaneous Correspondence /a(u1) Certificate for Correction: NEED MOTION thorizing the ~airman to sign Certificate for Correction to the. tax rolls as presented by the Property Appraiser's office. RECOMMEND APPROVAL. 15. ADJOURN BP-D-2/13/90 13