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Recap 04/10/1990 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~G~NDA April 10, 1990 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" IM/~EDIATELY 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. APPROVAL OF MINUTES 5. PROCLAMATIONS A. Service awards as follows: Allen J. Madsen, Capital Projects - 10 years. 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE pLAN AMENDMENTS B. ZONING AMENDMENT~ (1) Petition PDA-89-10, Bill Vines of Vines & Associates, Inc., representing Monterey Associates requesting amendments to the Woodbridge PUD by changing the name, uses in the multi-family tracts, the development regulations in the multi-family tracts, signs, off-street parking, and minimum internal street right-of-way, for property located on the north side of Orange Blossom Road between Goodlette Road extension and Airport Road in Section 2, Township 49 South, Range 25 East. Approved w/changes 5/0. Presented Ord. 90-28 Adopted sub- ject to Petitioner's'. Agreemen~ as modified; Zoning re-evaluation no~ affected by today's action.' 4/1 ~(Comm.~-.Vot~ opposed) c. OTHER (1) Recommendation to approve an ordinance approving and adopting rules and regulations relating to the conduct of all persons and any activity involving Collier County owned airports with accompanying 1 April 10, 1990 Ord. 90-29 A~opted as amended. 5/0 RES. 90-196 Adopted as amended. 5/0 Rules and Regulations County owned/lease air ports Approved 5/0 resolution and airport rules and regulations. (2) Petition CCCL-89-8, George Varnadoe, Esquire of Young, Van Assenderp, Varnadoe and Benton, P.A. representing Developments Duken; requesting a coastal construction control line variance to construct a condominium, parking and a boardwalk to allow beach access, for property located on the west side of Gulfshore Drive, approximately 0.5 miles north of Vanderbilt Beach Road (Lots 23 and 24, Block A, Unit 1, Conner's Vanderbilt Beach Estates), Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Continued to April 24, 1990 - Petitioner's request). Continued to 4/24/90. (3) Petition CCCL-90-1, requesting a variance from the coastal construction control line (CCCL) to allow for the construction of coverings for three existing parking spaces at the Chalet of San Marco Condominiums in Section 17 and 18, Township 52 South, Range 26 East, Collier County, Florida. (4) Direction regarding issue related to the adoption of the Mandatory Solid Waste Collection Ordinance. (Continued from April 3, 1990 meeting). (5) Adoption of an ordinance calling for a referendum on the Local Option Infrastructure Sales Tax. (This item to be heard at the end of the regular/consent agenda). RES. 90-197 Adopted subject to stipulations 5/O Ord. 90-30 Adopted with changes. 5/0 Issue to be placed on the Sept. 4th ballot. 3/2 (Comm. Volpe and Hasse opposed) ~ 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-90-5, Benjamin L. Sommer requesting a 10 foot variance from the required rear yard setback of 30 feet to 20 feet along the rear yard of property located at 403 Kings Way, Lot 5, Block G, Foxfire Unit 3, (Section 6, Township 50 South, Range 26 East). Denied 4/1 (Commission~ Shanahan opposed). 2 April 10, 1990 (2) Petition V-90-1, Joseph Christy, representing the Chalet of San Marco Condominium Association, requesting a 70 foot variance from the required side yard setback of 75 feet, to permit an accessory parking structure, for the property located on the west side of Collier Boulevard, further described as 520 South Collier Boulevard, Marco Island, Section 17, Township 52 South, Range 26 East, Collier County, Florida. (Companion to CCCL-90-1). (Continued from 3/27/90 meeting). /RES.90-198 Adopted 5/0 WITHDRAWN:  (3) Petition A-87-5; recommendation to hear an appeal of the Planning/Zoning Director's decision to refuse the issuance of an occupational license for Subway of Marco, Inc. due to non-conformance with Ordinance 82-2. (Continued from 3/27/90 meeting). Withdrawn END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE /'~ ~ (1) Petition PU-89-25, James L. Harper of A-1 Gas Company, representing Naples Fertilizer and Supply Company, requesting Provisional Use "3k" in a C-4 Zoning District for retail sales of propane. (Continued from 3/27/90 meeting). RES. 90-199 Adopted sub- ject to stipulations 5/0 (2) Petition PU-89-2, Wilson, Miller, Barton, Soll& Peek, Inc. representing Charles and Luanne Henderson for extension of a provisional use "f" of A-2 (pet cemetery) located on the south side of Davis Boulevard ~ section 9, Township 50 South, Range 26 East. ~S. 90-200 Adopted subject to Petitioner's Agreement. 5/0 (3) Petition PU-89-22, Terrance L. Kepple representing Jeff and Cynthia Zwerin requesting provisional use "a" of the C-3 Zoning District for a bowling alley located adjacent to the south side of S.R. 92 (San Marco Drive), approximately 200 feet east of Balmoral Court and is further described as Lot 2, Block 147, Marco Beach Unit 5, located in the north 1/2 of Section 16, Township 52 South, Range 26 East, containing approximately 1.56 acres. RES. 90-201 Ado~ed subject to Petitioner's Agreement as'amended. 4/1 (Comm. Hasse oppose 3 April 10, 1990 8. pUBLIC pETITIONS. A. Case No. W89-1185, Lot 17, Block 190, Marco Beach, t #7 - appeal of nuisance abatement. sPerer~.~cnet~.tion by Dudley Goodlette re: Juvenile Welfare 9. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT County Manager to resolve item with petitioner 4/0 (Commissioner Saunder Absent) County Attorney to draft ordinance establishing the Children's Service Council, and the approp- riate resolutions to be presented to the BCC as quickly as possible. 5/O B. ~RANSpORTATION ADD:~ C. pUBLIC SERVICES D. UTILITIES E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. CQ~N~Y MANAGER (1) Board consideration of a resolution Res. 90-202 Adopted authorizing the County to provide interim 3/1 (Commissioner Volpe management for the Marco Island Airport. opposed - Commissioner Saunders absent) (1) Recommendation that the Board of County Continued to 4/!7/90 Commissioners discuss the upcoming Comprehensive Plan Amendments scheduled for adoption on April 24, 1990. (2) Direction from the Board to prepare an ordinance calling for a referendum on the question of the adoption of the Tourist Development Tax. (3) Reconumendation that the Board of County Commissioners approve the staffing of two (2) positions in the office of Growth Management to implement the Certificate of Adequate Public Facilities issuance process mandated by the Adequate Public Facilities Ordinance. Staff to identify poten tial uses for tax, excl ing Marco, and eventual~ excluding Immokalee and present draft of ordina on May 8th for consider tion of Nov. referendu~ 3/2 (Comm. Volpe and Ha opposed). Approved 4/0 (Comm. Saunders absent) 4 April 10, 1990 10. 11. COUNTY ATTORNEY'S REPORT CLERK TO THE BOARD'S REPORT A. Budget Amendments (1) Regarding matters not previously discussed: 1. (2) Regarding matters previously discussed: 2. B. Tabulation of Contracts and Documents (as of noon previous Tuesday). C-2 - Adopted (4/0, Commissioner Saunders Absent.) BA 90~153/154- Adopted 4/( (Commissioner Saunders absent.) 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 COUNTY COMMISSIONERS CONTINUED TO 4/17/90 MEETING A. Proposed legislation on commercial vessels in man-made canals. (Continued from 3/20/90 meeting). B. Gary Kluckhuhn representing Del's Store right-of-way. Continued one week ,570 Short term, lease at $50' per month with 30 day notice to vacate 5/O 13. OTHER CONSTITUTIONAL OFFICERS A. Collier County Commission authorize the Chairman to execute the attached letter accepting the responsibility as local coordinator for local grant applications. Approved 4/0 (Comm. Saunders Abs 5 April 10, 1990 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. ae ~ommunity Development (1) Recommendation to grant final acceptance of the subdivision improvement in "Vanderbilt Villas". (2) Recommendation to approve for recording, the final plat of "Eveningstar Cay At Port-Of-The-Islands". (3) Petition for Board of County Commission signature, George Archibald of Collier County Transportation services Administrator, requesting the Board of County Commissioners to sign a rezone/provisional use application form for the Polycycle Recycling Facility for property located at the northwest corner of the Immokalee Airport and the proposed Airport Industrial Park in Section 26, Township 46 South, Range 29 East. Approved and/or adopted 4/O (Comm. Saunders absent Reso 90-203 and with stipulations (4) Recommendation to grant final "Riverwood East, Unit 4, Phase I". acceptance of the Res. 90-204 (5) Recommendation to grant final acceptance of the roadway and drainage improvements in Pelican Bay Unit 4, Phases ~II and 4-A". Res. 90-205 (6) Recommendation to grant preliminary acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Moon Lake, Unit Three". (7) Recommendation to approve for recording, the final plat of "Longshore Lake, Unit III". B. Transportation (1) Recommendation to execute easement agreement for the acquisition of right-of-way for the North Naples Roadway Municipal Service Taxing and Benefit Unit, (Livingston Road Parcel 12-9). Res.90-206 with stipulations with stipulations 6 April 10, 1'990 (2) Recommendation to execute purchase agreement for the acquisition of right-of-way for the North Naples R Municipal Service Taxing and Benefit Unit, (Livingston oad Parcel 24-72). C. Public Services (1) Recommendation for Board approval of continuation grant for funding under the Florida Community Care for the Elderly Act. D. Utilities (1) Recommendation to grant a utility easement and a temporary construction easement to the Collier County Water-Sewer District for County-owned parcels located in Sections 23 & 26, Township 48 S. Range 25 E., Collier County. P~ES. 90-207 (2) Amendment No. 2 to agreement for engineering services related to Pelican Bay Improvement District Feasibility Study. (3) Request for adoption of resolution with location map designating potable water pipeline easement needed between East Avenue and Goodlette Road; and authorizing staff to acquire easement by gift or purchase. (4) Gleneagles IV, a condominium - water facilities acceptance. Res. 90-208 with stipul.ations (5) Imperial Golf Estates, Phase V - Water and sewer facilities acceptance. (6) Amendment No. 1 to agreement with Johnson Engineering, Inc. providing for additional engineering services. with stipulations E. Administrative Services F. Emergency Services G. Envlronmenta~ Services H. ~ountv Manager 7 April 10, 1990 (1) First Annual Growth Management Plan Monitoring and Evaluation Report, for year ending September 30, 1989, General Plan Requirements (Section 1), Monitoring Evaluation Procedures, Pages GR-35 & 36. 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. RECOM~4END APPROVAL. (2) Extra Gain Time: NEED MOTION authorizing Extra Gain time for Inmate No. 65693, 52907, 54931, 50959, 30085, 18322, 60759, 36913, 19941, 24797. RECOP[MEND APPROVAL. 15. ADJOURN BP-D-4/10/90 8 April 10, 1990