Agenda 04/13/2010 Item #16B 2
Agenda Item No. 1682
April 13, 2010
Page 1 017
EXECUTIVE SUMMARY
Request for authorization to advertise a proposed amendment to Ordinance No. 98-1, an
ordinance prohibiting the conversion of swales to culverts in the public rights-of-way within an
area of Naples Park, to allow for the installation of swale enclosures on ll1th Avenue North and
along 8th Street North in Naples Park.
OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to Ordinance No.
98-1 to allow for the installation of swale enclosures on Illth Avenue North and along 8th Street North
for the Naples Park Sidewalk Improvements Project.
CONSIDERATIONS:
· Existing ordinance, Ordinance No. 98-1, prohibits the conversion of swales to culverts in the
public Rights-of-Way within an area of Naples Park, a platted subdivision located in Collier
County, Florida. Section Eight of Ordinance 98-1 specifically states "No new swale enclosures
allowed." referring to 111 th Avenue North and 8th Street North.
· The Transportation Division has construction ready plans to construct sidewalks in the Naples
Park area. Specificall~, a five foot (5') sidewalk will be constructed along 8th Street from 91 st
Avenue North to III Avenue North and also on 1 11th Avenue North from 8th Street to 7th
Street. In order to construct these sidewalks, drainage improvements, such as the closure of
swales along 111 th Avenue North, will be nccessary due to safety and ADA (Americans with
Disabilities Act) concerns. The Engineer's Opinion of Probable Cost for this sidewalk project is
$7]0,000.00. Funding for this project will come from developer's payment in lieu of
constructing sidewalks.
· We would like to amend the ordinance, as attached, to allow the drainage improvements as
planned for this sidewalk project. A General Permit Modification authorizing this work has
already been received from the South Florida Water Management District. Collier County
Stormwater Management Section has approved of the project.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient for Board action. --SR T
FISCAL IMPACT: Funds in the amount of $500 are available for advertising in the Naples Daily
News in the County wide sidewalk improvement project 69081 in the Gas Tax Road Construction Fund
313. Source of funds are the developer's payments in lieu of constlUcting sidewalks.
RECOMMENDATION: That the Board authorize the County Manager or his designee to advertise a
proposed amendment to Ordinance No. 98-1 to allow for the installation of swale enclosures on III th
Avenue North and 8th Street North in Naples Park.
Prepared by: Daniel G. Hall, Senior Project Manager, TEeM
Attachments: I) Draft Amendment to Ordinance 98-1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1682
April 13, 2010
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Request for authorization to advertise a proposed amendment to Ordinance No. 98-1, an
ordinance prohibiting the conversion of swales to culverts in the public rights-of-way within an
area of Napies Park, to allow for the installation of swale enclosures on 111 th Avenue North
and along 8th Street North in Naples Park,
4/13/2010 9:00:00 AM
Date
Prepared By
Daniel Hall
Transportation Division
Project Manager, Senior
Transportation Engineering &
Construction Management
3/17/20102:16:41 PM
Date
Approved By
Dale A. Bathon, P .E.
Transportation Division
Project Manager, Principal
Transportation Engineering &
Construction Management
3/17/20102:41 PM
Date
Approved By
Norm E. Feder, Alep
Transportation Division
Administrator - Transportation
Transportation Administration
3118/201011:45 AM
Date
Approved By
Rookmin Nauth
Transportation Division
ManagemenUBudget Analyst
Transportation Administration
3118/201012:20 PM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
3122/201012:52 PM
Date
Approved By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
3122/20104:05 PM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
3/24/2010 1: 39 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
3/25/20108:34 AM
Date
Approved By
Pat lehnhard
Executive Secretary
Agenda item No. 1682
April 13, 2010
Page 3 of 7
Transportation Division
Transportation Administration
3125/2010 3:21 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
3129120108:29 AM
Approved By
Jeff Klatzkow
County Attorney
Date
3130120108:56 AM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
4/3120103:24 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
415/20104:32 PM
Agenda Item No. 1682
April 13, 2010
Page 4 of 7
ORDINANCE NO. 2010-
AN ORDINANCE AMENDING ORDINANCE NO. 98-1, BY REVISING
SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW
SW ALE ENCLOSURES ON THE 700 BLOCK OF 111 TH AVENUE
NORTH, ALL BLOCKS ALONG 8TH STREET NORTH, AND
AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION,
MAINTENANCE, SW ALE ENCLOSURES, AND ADJUST PIPE SIZES AS
DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S
HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 98-1 was adopted by the Board of County Commissioners on
January 6,1998; and
WHEREAS, the Board determined at that time it was in the public's interest to allow the
individual homeowners in the Naples Park Subdivision area to enclose roadside swales in front
of their homes, with certain restrictions; and
WHEREAS, Transportation Division staff now have construction plans ready to
construct sidewa1ks in 1he Naples Park area; and
WHEREAS, in order to construct these sidewa1ks, drainage improvements, such as the
closure of swales along 111 th Avenue North, will be necessary due to safety and Americans wi1h
Disabilities Act (ADA) concerns; and
WHEREAS, a General Permit Modification au1horizing this work has already been
received from the South Florida Water Management District and 1he Collier County Stonnwater
Management Section has approved 1he project, staff desires approval by 1he Board to allow the
drainage improvements as planned for this sidewalk project.
Words underlined are added; Words 9IFuek Iilreugh are deleted
Agenda Item No. 1682
April 13, 2010
Page 5 of 7
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY
ORDINANCE NO. 98-1:
Section Eight is hereby amended to read as follows:
SECTION EIGHT: SIZE OF PIPE REQUIRED
The size of pipe shall vary between locations, depending upon the street address. The
following list provides pipe sizes for the various street and blocks:
Street name
Block Number<s)
91st Ave. N.
920d Ave. N.
93rd Ave, N.
500, 600, 700, & 800
500, 600, 700, & 800
500, 600, & 800
700
500, 600, & 800
700
500
600, 700, & 800
500
600, 700, & 800
500
600, 700, & 800
500
600, 700, & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 600
700 & 800
500 & 600
700 & 800
500 & 700
600 & 800
94th Ave. N.
95th Ave, N,
96th Ave, N.
97th Ave. N.
98th Ave. N.
99th Ave. N.
100th Ave, N.
10lst Ave. N,
1020d Ave. N.
103rd Ave. N.
104th Ave. N,
105th Ave. N.
2
Minimum Pioe Size.
18" diameter
18" diameter
18" diameter
24" diameter
18" diameter
24" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
Words underlined are added; Words slma" tllrellgil are deleted.
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 800
600 & 700
111 th Ave. N. Ne REI?: s\vaIe ellsleSllfe. allewea. 700
Vanderbilt Drive (East side) 91 st Ave. N. to 110th Ave. N.
110th Ave. N. to 1 11th Ave. N.
All Blocks
All Blocks
Ne Ile'H s.....ale llIlele!llifes allewea. All Blocks
l06th Ave. N.
107th Ave. N.
108th Ave. N.
109th Ave. N,
1I0th Ave. N.
6th Street N.
7th Street N.
8th Street N.
Agenda Item No. 1682
April 13, 2010
Page 6 of 7
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
18" diameter
24" diameter
30" diameter
24" diameter
18" diameter
18" diameter
18" diameter
15" diameter
· Note 19" x 30" slotted pipe can be used in place of24" diameter pipe when needed.
The County shall have the authorization to perform construction. maintenance. and to
enclose swales and adjust pipe sizes as deemed necessary for the best interest of the Public's
health. safety and welfare.
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-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
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 a
Words underlined are added; Words SlnJek lIHe"gh are deleted.
Agenda Item No. 1682
April 13, 2010
Page? of?
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE
Ibis Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this _ day of
,2010.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED COYLE, CHAIRMAN
As Deputy Clerk
Approved as to form and legal sufficiency:
fi)
Scott R. Teach, Deputy County Attorney
10.ECM-OI269/1
4
Words underlined are added; Words slmek lilrOllgR are deleted,