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HomeMy WebLinkAboutAgenda Item Cover PageCA ,v Og AGENDA ITEM COVER PAGE lIIIII 111"° ' File ID: #10577 � 11 1 F Lo $t9 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING CERTAIN SIDEWALK AND STREET CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SECTIONS 54-224(A)(2) AND (A)(4) AND SECTIONS 54- 224(B)(2) AND (13)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK AND STREET CAFE PERMIT FEES ASSESSED UNDER SECTIONS 54- 224(A)(2) AND 54-224(A)(4) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(B)(2) AND 54-224(B)(4) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK AND STREET CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1 ST STREET ON THE SOUTH, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. GSY v City of Miami *'y IS°1°1 f1 A'fto Legislation Resolution Enactment Number: R-21-0483 File Number: 10577 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:11/18/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING CERTAIN SIDEWALK AND STREET CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SECTIONS 54-224(A)(2) AND (A)(4) AND SECTIONS 54- 224(B)(2) AND (13)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK AND STREET CAFE PERMIT FEES ASSESSED UNDER SECTIONS 54- 224(A)(2) AND 54-224(A)(4) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(B)(2) AND 54-224(B)(4) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK AND STREET CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1 ST STREET ON THE SOUTH, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the most populous City in Miami -Dade County and Flagler Street is the oldest and most well-known street in the City; and WHEREAS, the Flagler Street Beautification Project associated with the City's Office of Capital Improvements Project No. 40-1330606 ("Project") is a long overdue beautification of Flagler Street, which should serve as a showpiece street for Downtown Miami; and WHEREAS, the Project has detrimentally impacted the sidewalk cafes operating in Downtown Miami that are located on and near Flagler Street by making them less visible to the public and interfering with the free ingress and egress to and from such sidewalk cafes; and WHEREAS, in addition, the Project has taken much longer than anticipated; and WHEREAS, on April 27, 2017, the City Commission adopted Ordinance No. 13682 that waived certain permit fees for sidewalk cafes in the Downtown Miami area during the construction of the Project; and WHEREAS, the City Commission is amending Chapter 54/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), relating to sidewalk cafes by, inter alia, adding street cafes; and WHEREAS, the proposed amendment to the City Code adds street cafes and changes the subsection references in the fees section, requiring an amendment to the fee waivers for sidewalk cafes; and WHEREAS, the City Commission finds that the adoption of this Resolution waiving certain fees related to sidewalk and street cafes within the boundaries set forth herein during the remainder of the construction of the Project through the date of substantial completion of the Project promotes the health, safety, general welfare, and economic well-being of the City and all persons residing therein; and WHEREAS, this Resolution waives for the duration of the Project construction and until substantial completion of the Project Construction as confirmed by the Director of Resilience and Public Works the payment of the permit fee for establishing or maintaining a sidewalk or street cafe and the security deposit as set forth in Section 54-224 of the City Code; and WHEREAS, this Resolution does not waive the non-refundable application fee of $175.00, the initial inspection fee of $10.00 that accompanies the sidewalk and street cafe applications, or the failed permit inspection fee set forth in Section 54-224 of the City Code; nor does this Resolution waive payment of the Business Tax Receipts ("BTR"), payment of the Certificates of Use fees, or similar requirements, inspections, or fees; and WHEREAS, the area applicable to sidewalk and street cafes covered by this Resolution are sidewalk and street cafes located on or near Flagler Street within the areas of the Project as set forth herein and more particularly described in Exhibit "A", attached and incorporated; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The fees to establish and maintain a sidewalk or street cafe imposed by Sections 54-224(a)(2) and (b)(2) of the City Code and the required security deposit for sidewalk and street cafes imposed by Sections 54-224(a)(4) and (b)(4) of the City Code are hereby waived for downtown sidewalk and street cafes located in the area bounded by Northwest/Southwest 1 st Avenue on the west, by the north side of Northwest/Northeast 1 st Street on the north, Biscayne Boulevard on the east, and by the south side of Southwest/Southeast 1 st Street on the south, all as further described in Exhibit "A", attached and incorporated. Section 3. The waiver period for eligible sidewalk and street cafes described in Section 2 above shall be during the remainder of the construction of the Project until the City and any other public agencies that have jurisdiction over the Project, as applicable, have determined that the Project has achieved substantial completion in the area described in Section 2. This Resolution will automatically sunset once that date of substantial completion is confirmed by the Resilience and Public Works Director. Section 4. This waiver only applies to sidewalk and street cafe permit fees imposed by Sections 54-224(a)(2), 54-224(b)(2), 54-224(a)(4), and 54-224(b)(4) of the City Code. Section 5. This Resolution does not waive the non-refundable application fee of $175.00 and initial inspection fee of $10.00 imposed by Sections 54-224(a)(1) and (b)(1) of the City Code, the failed permit inspection fee imposed by Sections 54-224(a)(3) and (b)(3) of the City Code, or any other fees including but not limited to payment associated with the Business Tax Receipt, Certificate of Use, any related inspections, or any similar requirements or fees. Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 7. This Resolution shall become effective thirty (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: 1 &ina Ittor ey 10/1312021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.