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Agenda 03/13/2018 Item #11B03/13/2018 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise an Amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit (MSTU), to amend the boundaries and incorporate provisions to improve the look and usability of the public areas within the MSTU boundaries. OBJECTIVE: To clarify the purpose and intent of the Radio Road Beautification MSTU and to continue to enhance the public areas within the MSTU boundaries. CONSIDERATIONS: The Board of County Commissioners (Board) created the Radio Road Beautification MSTU on December 17, 1996, to allow for the beautification of Radio Road between Airport-Pulling Road and Santa Barbara Boulevard. The ordinance has since been amended a number of times, with the last amendment having occurred on June 11, 2013, wherein the Board enacted Ordinance No. 2013-43, allowing MSTU funds to be used to provide enhancements to the entrance of Rich King Memorial Greenway along Radio Road, within the boundaries of the MSTU. At this time, all of the planned improvements within the MSTU boundaries have been completed with the exception of the improvements to the entrance of the Rich King Memorial Parkway. In addition to amending the boundaries of the MSTU, the proposed amendment changes the purpose of the MSTU as follows: The MSTU is created for (1) providing beautification, curbing, watering facilities, plantings and maintenance of the median areas and rights-of-way for that portion of Radio Road lying between Airport-Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries, and for the purpose of providing for hardscape, watering facilities, plantings and maintenance of to the entrance to the Rich King Memorial Greenway, as depicted in Exhibit "A." attached to Ord. No. 2013-43 on file with the County, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes; (2) providing traffic calming improvements, street lighting, drainage, and sidewalks within the MSTU; and (3) providing for the Burial of Power Lines within the MSTU. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. The MSTU advisory committee voted 4-0 on February 12, 2018, to recommend the approval of the ordinance modification. FISCAL IMPACT: The Fiscal impact consists of the cost to advertise the Ordinance Amendment, which is less than $500. Upon approval of an amendment to Ordinance No. 96-84, as amended. The advertising cost and all additional costs associated with the modification will be budgeted under county guidelines for fund 158 the Radio Road Beautification MSTU. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To authorize and direct the County Attorney to advertise an Amendment to Collier County Ordinance No. 96-84, as amended, to amend the boundaries and incorporate provisions to improve the look and usability of the public areas within the MSTU boundaries. 11.B Packet Pg. 57 03/13/2018 Prepared By: Harry Sells, Project Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Ordinance Radio Road MSTU - CAO stamped (PDF) 2. Radio Road MSTU Proposed Boundary Change (PDF) 3. Radio Road Ordinance 96-84 (PDF) 4. Radio Road Ordinance 97-52 (PDF) 5. Radio Road Ordinance 2002-59 (PDF) 6. Radio Road Ordinance 2013-43 (PDF) 11.B Packet Pg. 58 03/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 4929 Item Summary: Recommendation to direct the County Attorney to advertise an Amendment to Collier County Ordinance No. 96-84, as amended, known as the Radio Road Beautification Municipal Service Taxing Unit (MSTU), to amend the boundaries and incorporate provisions to improve the look and usability of the public areas within the MSTU boundaries. (Michelle Arnold, Public Transit and Neighborhood Enhancement, Division Director) Meeting Date: 03/13/2018 Prepared by: Title: Project Manager – Public Transit & Neighborhood Enhancement Name: Harry Sells 02/22/2018 4:37 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 02/22/2018 4:37 PM Approved By: Review: Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 03/02/2018 12:09 PM Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 03/02/2018 12:11 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/02/2018 1:56 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 03/02/2018 2:28 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/02/2018 3:03 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/02/2018 3:08 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2018 3:13 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/05/2018 4:17 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2018 11:22 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM 11.B Packet Pg. 59 11.B.1 Packet Pg. 60 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.1 Packet Pg. 61 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.1 Packet Pg. 62 Attachment: Ordinance Radio Road MSTU - CAO stamped (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.2 Packet Pg. 63 Attachment: Radio Road MSTU Proposed Boundary Change (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96- 11.B.3 Packet Pg. 64 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.3 Packet Pg. 65 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.3 Packet Pg. 66 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.3 Packet Pg. 67 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.3 Packet Pg. 68 Attachment: Radio Road Ordinance 96-84 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 69 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 70 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 71 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 72 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 73 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 74 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.4 Packet Pg. 75 Attachment: Radio Road Ordinance 97-52 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.5 Packet Pg. 76 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.5 Packet Pg. 77 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.5 Packet Pg. 78 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.5 Packet Pg. 79 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) 11.B.5 Packet Pg. 80 Attachment: Radio Road Ordinance 2002-59 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) FILED #43 LINTY. FLORIDA ORDINANCE NO. 2013- 4 3 20 13 JUN 21e AM I IQ RDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. CLERK OF COUR84, AS AMENDED BY ORDINANCE NO. 02-59, WHICH CREATED THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE BY. TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING, WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE NORTH ENTRANCE OF THE RICH KING MEMORIAL GREENWAY, WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the Board of County Commissioners adoptedr Ordinance No. 96-84 which created the Radio Road Beautification Municipal Sre1ice 'axing Unit("MSTU"); and WHEREAS, on November 19, 2002, the Board of County Commissioners vested To include the cost of maintenance of the medians of all adjoining public row. `within t, i boundaries of the MSTU; and 1 WHEREAS, on January 28, 2011 the Rich King Memorial Greenways formally opened to the public providing a 12-foot wide asphalt path within the Florida Power and Light easement corridor for walkers,joggers, cyclists and in-line skaters; and WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King Memorial Greenway; and WHEREAS, the Board of County Commissioners desires to amend the ordinance to allow for MSTU funds to be used to provide curbing, watering facilities, plantings and maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located within an FPL easement and not within the medians or right-of-way of Radio Road, but is within the boundaries of the MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996-84, AS AMENDED BY ORDINANCE NO. 02-59. Section Three is amended to read as follows: 1 11.B.6 Packet Pg. 81 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84) SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing curbing, watering facilities, plantings and maintenance of the median areas for that portion of Radio Road lying between Airport- Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road within the MSTU boundaries—, and for the purpose of providing for hardscape, watering facilities, plantings and maintenance to the entrance to the Rich King Memorial Greenwav, as depicted in Exhibit "A," attached hereto, lying within the MSTU boundaries, which is open to the public and utilized for recreational purposes. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPT1 D by the Board of County Commissioners of Collier County, Florida, this.I +4 day of J U n ei 2013. ATTEST.` a• BOA' 1 OUN 'Y COMMISSIONERS DWI Ft3 E„,BRCICIC4 CL RI( COLL ' T , FLORIDA 4,s By t,; = ie , 'Clerk 17 filler, Esq., Chairwoman S j 111.,;'?ti t'i' '. Approved as to orm and legal sufficiency: This ordinance filed with the Secretary of Sta e's Ole the It...IiA ' • J1 /lay of _, 4 t r., ? and acknowledgement of that mily R. Pe u in,Assista' t County Attorney filing received this 24Th day of -i a 2 gy A. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-43 which was adopted by the Board of County Commissioners on the 11th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners : @ y: Teresa Cannon Deputy Clerk 11.B.6 Packet Pg. 84 Attachment: Radio Road Ordinance 2013-43 (4929 : Advertise an Amendment of Radio Road MSTU Ordinance 96-84)