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HomeMy WebLinkAboutScrivener's Error MemoiCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney DATE: December 18, 2020 RE: Resolution No. R-20-0384 - Traffic Calming Devices Installation File No. 8103 At its November 19, 2020 meeting, the City Commission adopted the above referenced agenda item, PH.3, authorizing and directing the City Manager to, inter alia, install additional traffic calming devices in certain enumerated locations listed in District 4. The item inadvertently contained an incorrect description of the effective date of the Resolution in Section 6. The Legislation has been corrected and incremented to Revision A. VM/BLM/DSG/vj a Enclosure(s) +.a czt -P1R CO CD co 8103 Scrivener's Error Memo City of Miami Legislation Resolution: R-20-0384 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8103 Final Action Date: 11/19/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A DULY NOTICED PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTALL ADDITIONAL TRAFFIC CALMING DEVICES IN CERTAIN ENUMERATED LOCATIONS LISTED HEREIN IN DISTRICT 4; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EXPEDITIOUSLY INSTALL TRAFFIC CALMING DEVICES, AS MORE PARTICULARLY DESCRIBED HEREIN, WITH FUNDING TO BE MADE AVAILABLE FROM THE IDENTIFIED OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER AS DESCRIBED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DIRECTOR OF MIAMI-DADE COUNTY'S DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on December 11, 2014, the City Commission adopted Resolution No. R-14- 0473 authorizing the City Manager to execute an Intergovernmental Agency Agreement ("Agreement") with Miami -Dade County ("County") to allow the City of Miami ("City") to install and maintain designated Traffic Calming Devices and/or signs, which include traffic circles, speed humps, historic street name signs, and in -street pedestrian crossing signs (collectively, "Traffic Calming Devices") on those streets operated and maintained by the City; and WHEREAS, the Agreement also authorized the City to perform such traffic engineering studies to determine the feasibility of utilizing certain types of Traffic Calming Devices;end,,, crap_� WHEREAS, on April 28, 2016, the City Commission adopted Resolution No.c6t!+4i 6-:,99 authorizing the City Manager to execute Amendment No. 1 to the Agreement ("AmELTner\lo.j 1") to, inter alia, include raised intersections as an additional option that may be instald thec) City on City streets and reduce the distance for Traffic Calming Devices to be instaWawd/ Fri from County roads or traffic signals from 700 feet to 250 feet; and �►= n, WHEREAS, the Agreement and Amendment No. 1 (collectively, "Agreement l bath provide for Traffic Calming Devices with a design pre -approved by the County, specccalig attached as exhibits thereto, to be installed on City streets without further review from the County's Department of Transportation and Public Works ("DTPW'); and WHEREAS, the Agreements only contain traffic circles as exhibits with a design pre - approved by the County, requiring the design of all other types of Traffic Calming Devices to be approved by DTPW prior to installation by the City; and WHEREAS, the Agreements require adherence to certain technical specifications, including the County's Traffic Flow Modification(s)/Street Closure Procedure ("County Traffic Modification Policy"), which requires either concurrence by neighbors as to placement of Traffic City of Miami Page 1 of 3 File ID: 8103 (Revision: A) Printed On: 12/18/2020 File ID: 8103 Enactment Number: R-20-0384 Calming Devices or a resolution by the City Commission, after a public hearing, in lieu thereof to consider the placement of the proposed Traffic Calming Device; and WHEREAS, on April 23, 2020, the City Commission adopted Resolution No. R-20-1030 authorizing and directing the City Manager to install Traffic Calming Devices at certain enumerated locations in District 4; and WHEREAS, the City desires to install certain additional Traffic Calming Devices in District 4, as more particularly described herein, in an expeditious manner without the delay caused by requiring neighborhood concurrence or requiring the City Commission to adopt a separate resolution in support of each type of Traffic Calming Device; and WHEREAS, the locations of the proposed Traffic Calming Devices described herein are in residential neighborhoods that experience significant cut -through traffic and speeding during morning and afternoon rush hour periods; and WHEREAS, the City Commission believes it is in the best interests of the City's residents to approve and install Traffic Calming Devices at the locations described herein as expeditiously as possible; 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, after a public hearing, authorizes' and directs the City Manager to take any and all actions necessary to expeditiously design and construct Traffic Calming Devices, including, without limitation, negotiation and execution of any required amendment to the Agreements, if needed, and/or of other applicable documents, all in forms acceptable to the City Attorney, for Traffic Calming Devices at the following locations within,.., funding from the following Office of Capital Improvements Project Nos.: N n'1 Funded from Project No. 40-B203608 (District 4 Traffic Calming — Districtwide): 1) 2) 3) 4) 5) 6) Northwest 34th Avenue between Northwest 5th Street and Northwest 6th Stree ' i (Aubumdale) Northwest 38th Court from Northwest 2nd Street to Northwest 7th Street (Flagaig Northwest 4th Street between Northwest 27th Avenue and Northwest 28th Avenp (Aubumdale) Northwest 4th Street between Northwest 29th Avenue and Northwest 31 st Avenue (Aubumdale) Southwest 14th Street between Southwest 25th Avenue and Southwest 27th Avenue (Shenandoah) Southwest 17th Street between Southwest 37th Avenue and Coral Gate Drive (Coral Gate) ' 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. r*� c-3 Cr:, — mom IN f�7 CD rri iri a City of Miami Page 2 of 3 File ID: 8103 (Revision: A) Printed on: 12/18/2020 File ID: 8103 Enactment Number: R-20-0384 APPROVED AS TO FORM AND CORRECTNESS: 7) Southwest 21 st Terrace between Southwest 22nd Avenue and Southwest 23rd Avenue (Shenandoah South) 8) Southwest 23rd Street between Southwest 36th Avenue and Southwest 37th Avenue (Douglas Park) 9) Southwest 23rd Street between Southwest 27th Avenue and Southwest 29th Avenue (Douglas Park) 10) Southwest 2nd Terrace between Southwest 42nd Avenue and Southwest 44th Avenue (Flagami) 11) Southwest 5th Street between Southwest 39th Court and Southwest 39th Avenue (Flagami) 12) Southwest 5th Street between Southwest 40th Court and Southwest 40th Avenue (Flagami) 13) Northwest 35th Avenue and Northwest 31'1 Street (Auburndale) 14) 611 Tamiami Boulevard (Flagami) 15) 3131 Northwest 4 Street; Northwest 32nd Avenue; and Northwest 4 Street (Auburndale) Section 3. This Resolution, adopted after a public hearing, shall serve as the City's request to DTPW for such Traffic Calming Devices (except traffic circles) in lieu of affected neighborhood concurrence as required by the County Traffic Modification Policy and subject to the City obtaining approval by 100% of the affected property owners whose property fronts the section of the public right-of-way where a Traffic Calming Device is to be installed. Section 4. The City Commission wishes to waive, to the extent allowed by law, the requirement for any traffic study prior to the installation of any Traffic Calming Device listed herein, as more particularly described in the County Traffic Modification Policy. Section 5. The City Clerk is directed to transmit a certified copy of this Resolutida to fe Director of DTPW. tri -E� Section 6. This Resolution shall become effective immediately upon its adopttT 3n r- City of Miami Page 3 of 3 File ID: 8103 (Revision: A) Printed on: 12/18/2020 City of Miami Legislation Resolution: R-20-0384 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8103 Final Action Date: 11/19/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A DULY NOTICED PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTALL ADDITIONAL TRAFFIC CALMING DEVICES IN CERTAIN ENUMERATED LOCATIONS LISTED HEREIN IN DISTRICT 4; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EXPEDITIOUSLY INSTALL TRAFFIC CALMING DEVICES, AS MORE PARTICULARLY DESCRIBED HEREIN, WITH FUNDING TO BE MADE AVAILABLE FROM THE IDENTIFIED OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER AS DESCRIBED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DIRECTOR OF MIAMI-DADE COUNTY'S DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on December 11, 2014, the City Commission adopted Resolution No. R-14- 0473 authorizing the City Manager to execute an Intergovernmental Agency Agreement ("Agreement") with Miami -Dade County ("County") to allow the City of Miami ("City") to install and maintain designated Traffic Calming Devices and/or signs, which include traffic circles, speed humps, historic street name signs, and in -street pedestrian crossing signs (collectively, 'Traffic Calming Devices") on those streets operated and maintained by the City; and WHEREAS, the Agreement also authorized the City to perform such traffic engineering studies to determine the feasibility of utilization of certain types of Traffic Calming Devices; and WHEREAS, on April 28, 2016, the City Commission adopted Resolution No. R-16-0199 authorizing the City Manager to execute Amendment No. 1 to the Agreement ("Amendment No. 1") to, inter alia, include raised intersections as an additional option that may be installedccy t e City on City streets and reduce the distance for Traffic Calming Devices to be installed aNay ti from County roads or traffic signals from 700 feet to 250 feet; and C, ; WHEREAS, the Agreement and Amendment No. 1 both provide for Traffic Cang Devices with a design pre -approved by the County, specifically attached as exhibits t eto°Eb rr7 be installed on City streets without further review from the County's Department of Transportation and Public Works ("DTPW'); and WHEREAS, the Agreement and Amendment No. 1 only contain traffic circles it e bits with a design pre -approved by the County, requiring the design of all other types of Traffic Calming Devices to be approved by DTPW prior to installation by the City; and WHEREAS, the Agreement and Amendment No. 1 require adherence to certain technical specifications, including the County's Traffic Flow Modification(s)/Street Closure Procedure ("County Traffic Modification Policy"), which requires either concurrence by neighbors as to placement of Traffic Calming Devices or a resolution by the City Commission, City of Miami Page 1 of 3 File ID: 8103 (Revision:) Printed On: 12/17/2020 File ID: 8103 Enactment Number: R-20-0384 after a public hearing, in lieu thereof to consider the placement of the proposed Traffic Calming Device; and WHEREAS, on April 23, 2020, the City Commission adopted Resolution No. R-20-1030 authorizing and directing the City Manager to install Traffic Calming Devices in certain enumerated locations in District 4; and WHEREAS, the City desires to install certain additional Traffic Calming Devices in District 4, as more particularly described herein, in an expeditious manner without the delay caused by requiring neighborhood concurrence or requiring the City Commission to adopt a separate resolution in support of each type of Traffic Calming Device; and WHEREAS, the locations of the proposed Traffic Calming Devices described herein are in residential neighborhoods that experience significant cut -through traffic and speeding during morning and afternoon rush hour periods; and WHEREAS, the City Commission believes it is in the best interests of the City's residents to approve and install Traffic Calming Devices at the locations described herein as expeditiously as possible; 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, after a public hearing, authorizes' and directs the City Manager to take any and all actions necessary to expeditiously design and construct Traffic Calming Devices, including, without limitation, execution of any required amendment to the Agreement and/or Amendment No. 1, if needed, and/or of other applicable document(s) for Traffic Calming Devices at the following locations within funding from the following Office of Capital Improvements Project Nos.: Funded from Project No. 40-B203608 (District 4 Traffic Calming — Districtwide): 1) Northwest 34th Avenue between Northwest 5th Street and Northwest 6th Street (Aubumdale) 2) Northwest 38th Court from Northwest 2nd Street to Northwest 7th Street (FlagrA ar 3) Northwest 4th Street between Northwest 27th Avenue and Northwest 28th Aveq rr; J (Auburndale) � `-) 4) Northwest 4th Street between Northwest 29th Avenue and Northwest 31st Ave cn rj (Auburndale) 5) Southwest 14th Street between Southwest 25th Avenue and Southwest 27th $venu 7 (Shenandoah) 6) Southwest 17th Street between Southwest 37th Avenue and Coral Gate DriveiCo&? Gate) 1 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. City of Miami Page 2 of 3 File 1D: 8103 (Revision:) Printed on: 12/17/2020 File ID: 8103 Enactment Number: R=20-0384 7) Southwest 21 st Terrace between Southwest 22nd Avenue and Southwest 23m Avenue (Shenandoah South) 8) Southwest 23"(i Street between Southwest 36th Avenue and Southwest 37th Avenue (Douglas Park) 9) Southwest 23rd Street between Southwest 27th Avenue and Southwest 29th Avenue (Douglas Park) 10) Southwest 2nd Terrace between Southwest 42nd Avenue and Southwest 44th Avenue (Flagami) 11) Southwest 5th Street between Southwest 39th Court and Southwest 39th Avenue (Flagami) 12) Southwest 5th Street between Southwest 40th Court and Southwest 40th Avenue (Flagami) 13) Northwest 35th Avenue and Northwest 3rd Street (Auburndale) 14) 611 Tamiami Boulevard (Flagami) 15) 3131 Northwest 4 Street; Northwest 32nd Avenue; and Northwest 4 Street (Auburndale) Section 3. This Resolution, adopted after a public hearing, shall serve as the City's request to DTPW for such Traffic Calming Devices (except traffic circles) in lieu of affected neighbor concurrence as required by the County Traffic Modification Policy and subject to the City obtaining approval by 100% of the affected property owners whose property fronts the section of the public right-of-way where a Traffic Calming Device is to be installed. Section 4. The City Commission wishes to waive, to the extent allowed by law, the requirement for any traffic study prior to the installation of any Traffic Calming Device listed herein, as more particularly described in the County Traffic Modification Policy. Section 5. The City Clerk is directed to transmit a certified copy of this Resolution to the Director of DTPW. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: era eme cairn O c� `-1s, CC) 3-� 3 r .. rn City of Miami Page 3 of 3 File ID: 8103 (Revision:) Printed on: 12/17/2020