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Agenda 05/11/2010 Item #17C Agenda Item No. 17C May 11, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance No. 9S-1, as amended, to allow for the installation of swale enclosures on I11th Avenue North and along Sth Street North in Naples Park. OBJECTIVE: To adopt an Ordinance amending Ordinance No. 98-1, as amended, to allow for the installation of swale enclosures on II I th Avenue North and along 8th Street North in Naples Park. 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 III th Avenue North and 8th Street North. . The Transportation Division has construction ready plans to construct sidewalks in the Naples Park area. Specifically, a five foot (5') sidewalk will be constructed along 8th Street from 91" Avenue North to II]th Avenue North and also on Illth Avenue North from 8th Street to 7th Street. In order to construct these sidewalks, drainage improvements, such as the closure of swales along 11] th Avenue North, will be necessary due to safety and ADA (Americans with Disabilities Act) concerns. . A General Permit Modification authorizing this work has already been received from the South Florida Water Management District. Collier County Stornlwater Management Section has approved of the project. . On April 13,2010 Collier County Board of County Commissioners directed the County Manager or his designee to coordinate with the Office of the County Attorney and advertise the attached proposed amendment to allow the drainage improvements as planned for this sidewalk project. The attached proposed Ordinance has been lawfully advertised. FISCAL IMPACT: There is no fiscal impact 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-SRT. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To adopt an Ordinance amending Ordinance No. 98-1, as amended, to allow for the installation of swale enclosures on I 11th Avenue North and along 8th Street North in Naples Park. Prepared By: Daniel G. Hall, P .K, Sr. Project Manager - TECM Attachment: Proposed Ordinance No. 2010- ___ Item Number: Item Summary: Meeting Date: Agenda Item No. 17e May11,201o Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C Recommendation to adopt an Ordinance amending Ordinance No. 98-1, as amended, to allow for the installation of swale enclosures on 111th Avenue North and along 8th Street North in Naples Park. 5/11/20109:00:00 AM Date Prepared By Daniel Hall Transportation Division Project Manager, Senior Transportation Engineering & Construction Management 4/22/20101:29:54 PM Date Approved By Rookmin Nauth Transportation Division Management/Budget Analyst Transportation Administration 4/26/20109:37 AM Date Approved By Norm E. Feder, Ale? Transportation Division Administrator ~ Transportation Transportation Administration 4/27/20109:37 AM Date Approved By Gerald Kurtz Transportation Division Project Manager, Principal Transportation Road Maintenance 4/27/20109:40 AM Date Approved By Scott R. Teach County Attorney Deputy County Attorney County Attorney 4/27/201012:00 PM Date Approved By Najeh Ahmad Transportation Division Director - Transportation Engineering Transportation Engineering & Construction Management 4/27/20104:43 PM Date Approved By Jeff Klatzkow County Attorney 4128/20103:14 PM Date Approved By Usa Taylor Transportation Division Management/Budget Analyst Transportation Administration 4/29120107:30 AM Date Approved By Natali Betancur Transportation Division Administrative Assistant Transportation Road Maintenance 4129/20108:30 AM Approved By OMS Coordinator County Manager's Office Agenda Item No. 17C May 11, 2010 Page 3 of 8 Date Office of Management & Budget 4/29/20109:08 AM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 5/3/20108:40 AM Agenda Item No. 17C May 11. 2010 Page 4 of 8 ORDINANCE NO. 2010- AN ORI>INANCE AMENDING ORDINANCE NO. 9S-I, BY REVISING SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW SWALE ENCLOSURES ON THE 700 BLOCK OF IIlTH AVENUE NORTH, ALL BLOCKS ALONG STH 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 PROVII>ING 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 detennined 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, ",ith certain restrictions; and WHEREAS, Transportation Division staff now have construction plans ready to construct sidewalks in the Naples Park area; and WHEREAS, in order to construct these sidewalks, drainage improvements, such as the closure of swales along] 11 th A venue North, will be necessary due to safety and Americans with Disabilities Act (ADA) concerns; and WHEREAS, a General Pcnnit Modification authorizing this work has already been received from the South Florida Water Management District and the Collier County Stonnwater Management Section has approved the project, staff desires approval by the Board to allow the drainage improvements as planned for this sidewalk project. Words underlined are added; Words sinisI' tarel:l;h are deleted. Agenda Item No. 17C May 11, 2010 Page 5 of 8 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 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) 9Ist Ave. N. 92nd Ave. N. 93'd Ave. N. 500, 600, 700, & 800 500, 600, 700, & 800 500, 600, & 800 700 500,600, & 800 700 500 600, 700, & SOO 500 600,700, & SOO 500 600, 700, & 800 500 600, 700, & SOO 500& 700 600 & 800 500 & 700 600& SOO 500& 700 600 & SOO 500 & 700 600 & SOO 500& 600 700 & 800 500 & 600 700 & SOO 500& 700 600& 800 94th Ave. N. 95th Ave. N. 96th Ave. N. 97th Ave. N. 98th Ave. N. 99th Ave. N. 100lh Ave. N. IOlsl Ave. N. I02nd Ave. N. 103'd Ave. N. 104"' Ave. N. !O5"' Ave. N. Minimum Pipe Size' 18" diameter 18" diameter 1 8" diameter 24" diameter 18" diameter 24" diameter 24" diameter 18" diameter 24" diameter IS" diamctcr 24" diameter 18" diameter 24" diameter IS" diameter 24" diameter IS" diameter 24" diameter ] S" dianleter 24" diameter 18" dianleter 24" diameter 1 s., diameter 24" diameter 18" diameter 24" diameter IS" diameter 24" diameter ] S" diameter Words underlined are added; Words _g/l are deleted. 106'h Ave. N. 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 700 600 & 800 500 & 800 600 & 700 Illth Ave. N. No ae'N swale eaolosw-es aIlo'.\ed. 700 Vanderbilt Drive (East side) 91st Ave. N. to I lOth Ave. N, I lOth Ave, N. to I 11th Ave, N. All Blocks All Blocks No ae'l/ 9wale ellol09lH"OS allO'.vod. All Blocks lO7'h Ave. N. 108th Ave. N. 109th Ave. N. I 10th Ave. N. 6th Street N. 7th Street N. 8th Street N. Agenda Item No. 17C May11,201o Page 6 of 8 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 18" diameter 24" diameter 1 8" 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 of 24" diameter pipe when needed. The Countv shall have the authorization to perform construction, maintenance. and to enclose swales and adiust Dipe 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 or any other appropriate word. re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 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 Slrllcl: th:a..gh are deleted. Agenda Item No. 17C May 11, 2010 Page 7 of 8 separate, distinct and independent provision and such holding shall not affect the validity of the remaining ponion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Departmcnt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this _ day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: As Deputy Clerk FRED COYLE, CHAIRMAN Approved as to forn1 and legal sufliciency: ~ Scott R. Teach, Deputy County Attorney 1 O-ECM-OJ26Yll Words underlined are added; Words stru.1 thrsHgll are deleted. !J Naples Dally News · Friday, April 2010 . 21D (']:1 'lIlr'm~:III ~~ 11j[']I~" (']:1 ']II"m~:III ~~ II j[']I~. , ~OTICE OF INTENT TO CONSIDER ORplNANCE Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, M& 11. 2010, in the Boardroom, 3rd Floor, ~~J1.jn~~~i~0110~j~i~~inn;e ~~~~jn;~",egl~v:~n~~~.~~n-R;~ tft~~~ ~h~ p~~~~~:J Ordinance is as:follows: . ',. ,-. AN ORDINANCE AMENDiNG ClRDINANCE NO. 98.1, BY REViSING SECTION EIGHT, SIZE'OF"P1PE. REQUIRED,'TOAUTHORIZE NEW SWALE ENCLOSURES ON THE 760 BLOCK OF "lTH AVENUE NORTH, ALL BLOCKS ALONG BTH STREIT NORTH. AND AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION. MAINTENANCE. SWALE ENCLOSURES. AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST -IN~ TEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLU. StON IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFUa AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the CJerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item nnzst register with the ~~~~i~u:i~~~~~~t~ltb~li~~Jd~~e~t~\~~~sf ot~~n~g~~~~ ~~ s~'e~o:~~r~i~~ ~l~~~U~y t~h:P~~~ir~na ~~~~~s::rs~~ ~~~ail~~~i~~ g: ~:~au~z~ti~~c~;;1::-alt~d:JO?o minutes to speak ~n an item. Persons wishing to hcl;Ve. written or graphic materials indu'ded in the Board agenda packets must submit said material a minimum of 3 weeks prior to the resbective b~~~~ s~~irib~' su~nm~ld ':6eih~r~~~~0;;~~~i~~u~~e~daf1 :om~~~~si~r:e~enY d~~ prior to the public hearin-g. All material used in presentations before the Board' wilt become a permanertt part of ~he record. ' Any person who decid.es to appeal a decision of the Board witl need a record of the ~;~~~dd~tg:h~e~~~~~~i~~:rr:om~d~, t~hk~or;ec~r1 i~~~:~ t~~ui:st~~n~ ~~3a~~ dence upon which the appeal is based. . If yoiJ are a person with a disability who needs any accommoda~ion in order to par. ticlpate in. this proceeding; you are entitled, at no cost to you. to the provision of ~~tn lci~~~~n~~. 3~~fsfa~~~F T;~ir ~:s~eBu1~i~~ ~~C~~~j~s,MFi~~i~~m;;ltlf.eFz3~) 252-8380. Assisted listening devices for the hearing lmpalr~d are available in the. County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK r~Aonn iennejohn, Deputy Clerk Andl ':!:n '010 Nn1R'i06R1 Agenda Item No. 17C May 11 , 2010 Page 8 of 8