Loading...
HomeMy WebLinkAboutPre-LegislationCity of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0515 File Number: 11213 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/9/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY OF MIAMI'S ("CITY") ADMINISTRATION TO WITHHOLD THE DISBURSEMENT OF ANY FURTHER CITY FUNDS TO THE UNDERLINE PROJECT UNTIL THE REPRESENTATIVES OF THE UNDERLINE PROJECT PRESENT TO THE CITY'S ADMINISTRATION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF THE UNDERLINE PROJECT, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL AND/OR REPLACEMENT OF ANY AND ALL TREES, AND TO THEREAFTER PRESENT SAID PLANS TO THE CITY COMMISSION FOR CONSIDERATION; FURTHER DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON THE JANUARY 13, 2022 CITY COMMISSION AGENDA FOR THE REPRESENTATIVES OF THE UNDERLINE TO PRESENT TO THE CITY COMMISSION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF THE UNDERLINE, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL AND/OR REPLACEMENT OF ANY AND ALL TREES AND TO PROVIDE SAID PLANS AND INFORMATION TO THE CITY COMMISSION PRIOR TO THE CITY COMMISSION MEETING BUT NO LATER THAN JANUARY 4, 2022. SPONSOR(S): Commissioner Joe Carollo WHEREAS, on September 10, 2015, the City Commission adopted Resolution No. R- 15-0371 authorizing a grant to the Parks Foundation of Miami -Dade, Inc. in the amount of two hundred thousand dollars ($200,000.00) paid from City of Miami ("City") park impact fees for improvements to the Metrorail Right -of -Way from the Miami River to the Dadeland South Station for a project known as the "Underline Project" ("Underline Project'); and WHEREAS, on September 10, 2015, the City Commission adopted Resolution No. R- 15-0397 authorizing the City Manager to enter into a Memorandum of Understanding with Miami -Dade County ("County") for the funding of Phase 1 of the Underline Project utilizing City park impact fees attributable to construction within five hundred feet (500') to the east of Phase 1 of the Underline Project in an amount not to exceed one million dollars ($1,000,000.00); and WHEREAS, on September 8, 2016, the City Commission adopted Resolution No. R-16- 0409 providing for funding to the County, through a Memorandum of Understanding with the County, for the Underline Project in the amount of up to Fifty Million Dollars ($50,000,000.00) utilizing City park impact fees attributable to new developments that have paid or will pay impact fees within one thousand (1,000) feet of the Underline Project in Districts 2 and 4 and fifty percent (50%) of any impact fees collected within one thousand (1,000) feet of the Underline Project in District 3 for eligible expenses, provided that said funds shall be expended within six (6) years of the date of payment of the impact fee by the owner of the property on which such fee has been paid; and City of Miami Page 1 of 3 File ID: 11213 (Revision:) Printed On: 31412022 File ID: 11213 Enactment Number: R-21-0515 WHEREAS, subsequent to the passage of Resolution No. R-16-0409, the terms of the Memorandum of Understanding were re -negotiated; and WHEREAS, on March 23, 2017, the City Commission adopted Resolution No. R-17- 0143 authorizing the City Manager to enter into another Memorandum of Understanding with the County which allowed the City to assist in the funding of the Underline Project up to fifty million dollars ($50,000,000.00) utilizing City park impact fees collected from new developments that have paid or will pay impact fees within one thousand (1,000) feet of the Underline Project in Districts 2 and 4 and fifty percent (50%) of any impact fees collected within one thousand (1,000) feet of the Underline Project in District 3 to be used for eligible expenses for the Underline Project; and WHEREAS, Phase 1 of the Underline Project is complete and Phase 2 of the Underline Project is currently under construction; and WHEREAS, the City Commission and the public are concerned about the removal of numerous large and older trees during the construction of the Underline Project and WHEREAS, the City has also been informed of certain activities, such as potential billboards and advertising, that may be incorporated into the operation of the Underline Project; and WHEREAS, the City Commission is concerned with the current status of the construction of the Underline Project and the future operation of the Underline Project; and WHEREAS, until those concerns are addressed and the City is updated on these matters, the City Commission believes that it is in the best interest of the City to withhold the disbursement of any further City funds awarded to the Underline Project until the representatives of the Underline present to the City's Administration the plans for the construction and operation of the underline, including, but not limited to, the removal and/or replacement of any and all trees and to thereafter present said plans to the City Commission; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; 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 fully set forth in this Section. Section 2. The City Commission directs the City's Administration to withhold the disbursement of any further City funds awarded to the Underline Project until the representatives of the Underline Project present to the City's Administration the plans for the construction and operation of the Underline Project, including, but not limited to, the removal and/or replacement of any and all trees and to thereafter present said plans to the City Commission. Section 3. The City Commission further directs the City Manager to place a discussion item on the January 13, 2022 City Commission Agenda for the representatives of the Underline City of Miami Page 2 of 3 File ID: 11213 (Revision:) Printed on: 31412022 File ID: 11213 Enactment Number: R-21-0515 Project to present to the City Commission the plans for the construction and operation of the Underline Project, including, but not limited to, the removal and/or replacement of any and all trees and to provide said plans and information to the members of the City Commission prior to the City Commission meeting but no later than January 4, 2022. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 6�it6rieiyndEz,�CifyAttoriey 1/412022 City of Miami Page 3 of 3 File ID: 11213 (Revision:) Printed on: 31412022