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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1973 Resolution Sponsored by: Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 16-0409, ADOPTED SEPTEMBER 8, 2016, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY TO FUND A PORTION OF THE UNDERLINE PROJECT WITH CITY OF MIAMI ("CITY") PARK IMPACT FEES ATTRIBUTABLE TO NEW DEVELOPMENT AS DEFINED IN CHAPTER 13, SECTIONS 13-5 AND 13-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000.00), PROVIDED THAT SAID FUNDS SHALL BE EXPENDED ON THE UNDERLINE PROJECT WITHIN SIX (6) YEARS OF THE DATE OF PAYMENT OF THE IMPACT FEE BY THE OWNER OF THE PROPERTY TO THE CITY; FURTHER PROVIDING THAT SAID FIFTY MILLION DOLLAR ($50,000,000.00) CAP BE REDUCED IF THE UNDERLINE PROJECT RECEIVES FUNDS FROM OTHER SOURCES OR IT IS DETERMINED IN THE FUTURE THAT THE OVERALL PROJECT COST WILL BE LESS; FURTHER DIRECTING THE CITY MANAGER TO INCLUDE THE UNDERLINE PROJECT IN THE CAPITAL IMPROVEMENT PROGRAM AS DEFINED IN SECTION 13-5 OF THE CITY CODE TO ALLOW FOR CREDITS AGAINST IMPACT FEES FOR NEW DEVELOPMENT SEEKING TO IMPROVE THE UNDERLINE PROJECT. City of Miami Legislation Resolution Enactment Number: R-17-0143 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1973 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 16-0409, ADOPTED SEPTEMBER 8, 2016, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY TO FUND A PORTION OF THE UNDERLINE PROJECT WITH CITY OF MIAMI ("CITY") PARK IMPACT FEES ATTRIBUTABLE TO NEW DEVELOPMENT AS DEFINED IN CHAPTER 13, SECTIONS 13-5 AND 13-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000.00), PROVIDED THAT SAID FUNDS SHALL BE EXPENDED ON THE UNDERLINE PROJECT WITHIN SIX (6) YEARS OF THE DATE OF PAYMENT OF THE IMPACT FEE BY THE OWNER OF THE PROPERTY TO THE CITY; FURTHER PROVIDING THAT SAID FIFTY MILLION DOLLAR ($50,000,000.00) CAP BE REDUCED IF THE UNDERLINE PROJECT RECEIVES FUNDS FROM OTHER SOURCES OR IT IS DETERMINED IN THE FUTURE THAT THE OVERALL PROJECT COST WILL BE LESS; FURTHER DIRECTING THE CITY MANAGER TO INCLUDE THE UNDERLINE PROJECT IN THE CAPITAL IMPROVEMENT PROGRAM AS DEFINED IN SECTION 13-5 OF THE CITY CODE TO ALLOW FOR CREDITS AGAINST IMPACT FEES FOR NEW DEVELOPMENT SEEKING TO IMPROVE THE UNDERLINE PROJECT. WHEREAS, on September 10, 2015, the City Commission passed Resolution No. 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 Dadeland South Station for a project known as the "Underline Project" ("Underline Project"); and WHEREAS, on September 10, 2015, the City Commission passed Resolution No. 15- 0397 authorizing the City Manager to enter into a Memorandum of Understanding with Miami - Dade County ("County") for the funding of phase one of the Underline Project utilizing City park impact fees attributable to construction within five hundred (500) feet to the east of phase one 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 passed Resolution No. 16- 0409 providing for funding to the County, through an attached Memorandum of Understanding, for the Underline Project in the same amount, manner, and with the same funding limitations as described herein; and WHEREAS, subsequent to passage of Resolution No. 16-0409, the terms of the Memorandum of Understanding were re -negotiated; and WHEREAS, it is estimated that the cost of the entirety of the Underline Project is approximately one hundred million dollars ($100,000,000.00); and WHEREAS, roughly fifty percent (50%) of the Underline Project is located in the City; and WHEREAS, enhancing this recreational space within the City will provide numerous benefits to the surrounding community; and WHEREAS, the City wishes to further support the Underline Project and effectuate this goal by entering into another Memorandum of Understanding with the County which will allow 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 development, as defined in Chapter 13, Sections 13-5 and 13-6 of the Code of the City of Miami, Florida, as amended ("City Code") 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, this Resolution does not affect any prior or ongoing collections or allocations of impact fees for the Underline Project subsequent to the dates of passages of Resolution No. 15-0397, adopted September 10, 2015, and Resolution No. 16-0409, adopted September 8, 2016; 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. Resolution No. 16-0409, adopted on September 8, 2016, is hereby rescinded. Section 3. The City Manager is authorized' to enter into a Memorandum of Understanding, in substantially the attached form, with the County, to assist with funding of up to fifty million dollars ($50,000,000.00) for the Underline Project utilizing City park impact fees attributable to new development, as defined in Chapter 13, Sections 13-5 and 13-6 of the City Code 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 feet (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. Said fifty million dollar ($50,000,000.00) cap shall be reduced if the Underline Project in the future is determined to be able to be completed for less money, which shall be the new cap. Further, said cap shall be reduced by any other funds granted to the Underline Project from other sources dedicated to the City's portion of the Project. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. Section 4. The City Manager is directed to include the Underline Project in the Capital Improvement Program as defined in Section 13-5 of the City Code to allow for credits against impact fees for new development seeking to improve the Underline Project. Section 5. In the event that all park impact fees, whether by district or as a whole are not allocated to specific projects, then the fifty percent (50%) limitation for District 3 shall not apply until such time as all funds are allocated to specific projects. Section 6. This Resolution does not affect any prior or ongoing collections or allocations of park impact fees for the Underline Project subsequent to the dates of passages of Resolution No. 15-0397, adopted September 10, 2015, and Resolution No. 16-0409, adopted September 8, 2016. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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.