HomeMy WebLinkAboutExhibit CCity of Miami
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Legislation
Resolution: R-21-0346
File Number: 10570
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AFTER A PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO
EXPEDITIOUSLY REQUEST THAT THE MIAMI-DADE COUNTY
DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS ("DTPW')
CONSIDER PROPOSED TRAFFIC FLOW MODIFICATIONS REGARDING THE
CITY OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-
B203608, WAIVE THE REQUIRED RESIDENT/PROPERTY OWNER
CONCURRENCE, AND EXEMPT THE BALLOTING PROCESS IN ORDER TO
EXPEDITIOUSLY PROCEED WITH THE DESIGN AND CONSTRUCTION OF A
PARABOLIC SPEED HUMP ON SOUTHWEST 23 STREET BETWEEN
SOUTHWEST 27 AVENUE AND SOUTHWEST 29 AVENUE IN DISTRICT 4;
DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THE THIS
RESOLUTION TO THE DTPW DIRECTOR.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the section of Southwest 23 Street between Southwest 27 Avenue and
Southwest 29 Avenue is in a City of Miami ("City") residential neighborhood that experiences
significant cut -through traffic and speeding during rush hour periods; and
WHEREAS, such cut -through traffic and speeding on a local residential street, not
designed for such volume, diminishes residents' quality of life; and
WHEREAS, in addition to quality -of -life problems such as noise and general congestion,
such cut -through traffic and speeding creates significant life -safety risks as this residential street
is narrower than nearby arterial roadways, increasing the risk of vehicular accidents, including
those involving pedestrians; and
WHEREAS, rush hour cut -through traffic tends to disobey posted speed limits and
signage to gain an advantage over using arterial roadways meant for such traffic; and
WHEREAS, to address these quality -of -life issues, the City took all necessary and
required actions to approve a traffic calming device on Southwest 23 Street between Southwest
27 Avenue and Southwest 29 Avenue ("Douglas Park") as part of Office of Capital
Improvements (OCI) Project No. 40-13203608 ("Project"), which includes the installation of a
parabolic speed hump with minor drainage and landscaping across Southwest 23 Street; and
WHEREAS, Appendix III to the Miami -Dade County Traffic Flow Modification(s)/Street
Closures(s) Procedure ("County Procedure") as revised by the Miami -Dade County Public
Works Department (PWD) Traffic Engineering Division in January 2009, attached and
incorporated as Exhibit A, requires that "2/3 of the residents/property owners of the block(s)
concur with the installation of the speed hump."; and
City of Miami Page 1 of 3 File ID: 10570 (Revision:) Printed On: 211812022
File ID: 10570
Enactment Number: R-21-0346
WHEREAS, Attachment A of Appendix IV to the County Procedure requires that 100%
of the residents/property owners immediately adjacent to the proposed speed humps (one vote
per residence) and two-thirds of the residents/property owners of the block(s) shall concur with
the installation of the speed humps."; and
WHEREAS, the City believes the requirement in Appendix III is applicable and
supersedes that in Attachment A to Appendix IV; however, OCI was informed by PWD, now
known as the Miami -Dade County Department of Transportation and Public Works ("DTPW'),
via email on August 12, 2021, attached and incorporated as Exhibit B, that the requirement for
speed humps is "2/3 concurrency of everyone that voted, and 100% concurrency of adjacent
properties"; and
WHEREAS, in the interest of time and public safety, the City is proceeding under
DTPWs interpretation of the resident/property owner concurrence requirements; and
WHEREAS, the City has sent a ballot on three (3) separate occasions to the Publix
Supermarket located at 2270 Southwest 27 Avenue, an immediately adjacent property owner to
the proposed speed hump, but did not receive a response; and
WHEREAS, Section 1.6 of the County Procedure states that "[i]n lieu of concurrence
from the affected residents and/or property owners, a municipality may pass a resolution after a
public hearing requesting PWD to consider the proposed traffic flow modification(s)/street
closure(s)."; and
WHEREAS, it is in the best interest of the City residents to waive the required
resident/property owner concurrence and request that PWD/DTPW consider the proposed traffic
flow modifications on Southwest 23 Street between Southwest 27 Avenue and Southwest 29
Avenue;
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, after a public hearing, authorizes' and directs the City
Manager to take any and all actions necessary to expeditiously request that PWD/DTPW
consider the proposed traffic flow modifications on Southwest 23 Street between Southwest 27
Avenue and Southwest 29 Avenue.
Section 3. The City Clerk is directed to send a certified copy of this Resolution to the
Director of Miami -Dade County's Department of Transportation and Public Works.
Section 4. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 10570 (Revision:) Printed on: 2/18/2022
File ID: 10570
Enactment Number: R-21-0346
APPROVED AS TO FORM AND CORRECTNESS:
I
i " ria i "ndez, ity Attar ey 9/1/2021
City of Miami Page 3 of 3 File ID: 10570 (Revision:) Printed on: 2/18/2022