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HomeMy WebLinkAboutAgenda Item Summary Form�G1S4 op * L1111 IIAIF: AGENDA ITEM SUMMARY FORM File ID: #7692 r O R l Date: 07/23/2020 Requesting Department: City Commission Commission Meeting Date: 07/23/2020 Sponsored By: District Impacted: Type: Resolution Subject: Opposing County's Rights -of -Way Ordinance Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Nicole Ewan Meeting Completed 07/23/2020 9:00 AM Legislative Division Marta Gomez Legislative Division Review Completed 07/23/2020 9:18 PM Office of the City Attorney Daniel Goldberg ACA Review Completed 08/25/2020 3:46 PM Office of Management and Budget Christopher M Rose Department Head Review Completed 08/26/2020 6:25 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 08/26/2020 8:23 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/27/2020 10:25 AM Office of the City Clerk City Clerk's Office Rendered Completed 08/27/2020 11:19 AM City of Miami Legislation Resolution Enactment Number: R-20-0235 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7692 Final Action Date:7/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE PROPOSED MIAMI-DADE COUNTY ORDINANCE (MIAMI-DADE COUNTY LEGISLATIVE FILE NO. 200973) RELATING TO COUNTY RIGHTS-OF-WAY AND EASEMENTS WITHIN MUNICIPALITIES WHICH PROHIBITS MUNICIPALITIES FROM CHARGING FEES, IMPOSING REQUIREMENTS, OR REQUIRING PERMITS FOR WORK ON MIAMI- DADE COUNTY -OWNED OR MIAMI-DADE COUNTY -MAINTAINED RIGHTS-OF-WAY OR EASEMENTS WITHIN MUNICIPALITIES. WHEREAS, the Miami -Dade Board of County Commissioners ("County Commission") is considering adoption of an ordinance (Miami -Dade County Legislative Item File No. 200973) ("Ordinance") that prohibits municipalities from charging fees, imposing requirements, or requiring permits for work on rights-of-way or easements owned or maintained by Miami -Dade County ("County") within municipalities; and WHEREAS, the Miami City Commission, on May 26, 2011, adopted Ordinance No. 13267 to provide a permit fee waiver procedure for the construction, reconstruction, and maintenance of County public works projects as a commitment to accelerating the permit process for County public works projects within the City of Miami ("City"); and WHEREAS, the Ordinance under consideration by the County is unnecessary as the City has not charged permitting fees to the County's Department of Transportation and Public works in the past nine (9) years; and WHEREAS, the City's subdivision regulations and requirement for street improvements in connections with certain building permits have assisted in procuring right-of-way dedications for highway purposes on County rights-of-way at no cost to the County; and WHEREAS, the Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida and Chapter 17 of the Code of the City of Miami, Florida, as amended ("City Code"), impose unique requirements on City rights-of-way, especially along scenic transportation corridors and historic and environmental preservation districts in the City, giving the Planning Director and Zoning Administrator the task of enforcing these regulations and such a transfer of permitting jurisdiction to the County will pose a challenge in this enforcement; and WHEREAS, if the Ordinance is adopted by the County Commission, the County will be able to permit and authorize work on County roadways within the City that have not been properly coordinated with the City giving rise to instances where County contractors will negatively impact City maintained rights-of-way; and WHEREAS, the Ordinance violates the principles of subsidiarity by adding an unnecessary layer of government and creating confusion for City residents and the public concerning access and construction impacts to properties, maintenance of traffic, and other general contractor activities to the County as opposed to the City as well as posing a challenge to public outreach, coordination, and prompt response to such inquiries by City residents and businesses who will now be tasked with navigating the County system when seeking relief; and WHEREAS, the City Commission believes that the existing permitting process that centralizes responsibility with the City at no cost to the County has worked well for decades; and WHEREAS, the City Commission opposes the Ordinance; and WHEREAS, pursuant to Section 2-33(f) of the City Code, the City Commission, by a majority vote, deems this Resolution to be of an emergency nature in order to immediately protect the public health, welfare, and safety of the City's residents; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission opposes the Ordinance relating to County rights-of-way and easements within municipalities which prohibits municipalities from charging fees, imposing requirements, or requiring permits for work on County -owned or County -maintained rights-of- way or easements within municipalities. Section 3. The City Clerk is directed to transmit a copy of this Resolution to County Mayor Carlos A. Gimenez and the County Commission. Section 4. This Resolution shall become effective immediately upon adoption APPROVED AS TO FORM AND CORRECTNESS: NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE #2: Per Directive, City Clerk's Office transmitted on 8/31/2020.