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HomeMy WebLinkAboutScrivener's Error MemoJCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney t- DATE: June 30, 2021 RE: Resolution No. 21-0254 — Authorize Temporary Restriction - Fuller Street File No. 9246 At its Tune 24, 2021 meeting, the City Commission adopted the above referenced agenda item, CA.9, authorizing and permitting the temporary restriction of vehicular access for Fuller Street at its intersections with Main Highway and Grand Avenue, Miami, Florida for outdoor cafe purposes. The item inadvertently contained an incorrect description of the effective date of the Resolution in Section 7. The Legislation has been corrected and incremented to Revision A. VM/BLM/JMS/vja Enclosure(s) cf 246, 5cri Va is Crror ,rite e City of Miami Legislation Resolution: R-21-0254 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9246 Final Action Date: 6/24/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PERMIT THE /2^. TEMPORARY RESTRICTION OF VEHICULAR ACCESS FOR FULLER ee`;,' STREET AT ITS RESPECTIVE INTERSECTION WITH MAIN HIGHWAY AN }��',10:6 GRAND AVENUE, MIAMI, FLORIDA FOR OUTDOOR CAFE PURPOSES, i, , J SUBJECT TO FINAL APPROVAL OF THE MIAMI-DADE COUNTY ("COUNTY" ; i, :/ DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS' TRAFFIC: DIVISION, WITH CONDITIONS AS STATED HEREIN; DIRECTING THE CITY 'fr < CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE COUNTY'S '� (,4, TRAFFIC DIRECTOR. SPONSOR(S): Commissioner Ken Russell WHEREAS, on May 14, 2020, the City Commission adopted Resolution No. R-20-0156 authorizing the City Manager to identify feasible portions of City of Miami ("City") rights -of -way that may be repurposed for pedestrian and cafe usage ("Outdoor Dining Program") and to take any and all steps necessary to effectuate such repurposing until August 20, 2020 in order to assist businesses negatively affected by the novel coronavirus pandemic; and WHEREAS, on July 23, 2020, the City Commission adopted Resolution No. R-20-0231 which extended the Outdoor Dining Program to further assist struggling businesses; and WHEREAS, an January 14, 2021, the City Commission adopted Resolution No. R-21- 0021 which again extended the Outdoor Dining Program to further assist struggling businesses; and WHEREAS, the City Commission adopted Resolution No. R-21-0176 directing the City Manager to establish a permanent Outdoor Cafe program; and WHEREAS, the Outdoor Dining Program has been a successful and popular program that has enhanced the commercial experiences for the City's residents and visitors, as well as helped businesses in the City while keeping everyone safe; and WHEREAS, Fuller Street, Miami, Florida has been closed to vehicular traffic since May 2020 pursuant to approvals by the City and the Miami -Dade County ("County") Department of Transportation and Public Works ("Department"); and WHEREAS, City staff has initiated the process under Section 54-16 of the Code of the City of Miami, Florida, as amended, to prohibit vehicular access on Fuller Street; and WHEREAS, a condition of approval of said prohibition of vehicular access is that access for emergency and solid waste vehicles be provided at all times through any barricades; and City of Miami Page f of 2 File ID: 9246 (Revision:) Printed On: 6/29/2021 Fife ID: 9246 Enactment Number: R-21-0254 WHEREAS, the City Commission believes that it is in the best interest of the public to prohibit vehicular access on Fuller Street at its respective intersection with Main Highway and Grand Avenue, Miami, Florida; 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 authorizes' and permits the temporary restriction of vehicular access for Fuller Street at its respective intersection with Main Highway and Grand Avenue, Miami, Florida for outdoor cafe purposes, subject to final approval of the County's Department. Section 3. The City Commission authorizes2 the City Manager to take any and all steps necessary for permitting the temporary restriction of vehicular access for Fuller Street at its respective intersection with Main Highway and Grand Avenue, Miami, Florida for outdoor cafe purposes. Section 4. The prohibition of vehicular access shall be subject to any requirements or conditions that may be imposed by the City's Resilience and Public Works Department, Miami Police Department, Fire -Rescue Department, and Solid Waste Department. Section 5. The City Commission further directs that pedestrian access be provided at all times through any barricades at Fuller Street at its respective intersection with Main Highway and Grand Avenue, Miami, Florida. Section 6. The City Clerk is directed to transmit a copy of this Resolution to the the County's Traffic Director. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3 cort APPROVED AS TO FORM AND CORRECTNESS: dez, i y ttor ey 6115/2021 jr CO 1 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. 2 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. 3 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. City of Miami Page 2 of 2 Filelb: 9246 (Revision:) Printed on: 6/29/2021 City of Miami Legislation Resolution: R-21-0254 City Hall 3500 Pan American Drive Miami, FL 33133 www, miamigov.com Fite Number: 9246 Final Action Date: 6/24/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PERMIT THE TEMPORARY RESTRICTION OF VEHICULAR ACCESS FOR FULLER STREET AT ITS RESPECTIVE INTERSECTIONS WITH MAIN HIGHWAY AND GRAND AVENUE, MIAMI, FLORIDA FOR OUTDOOR CAFE PURPOSES, SUBJECT TO FINAL APPROVAL OF THE MIAMI-DADE COUNTY ("COU�� ,TY") DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS' TRAFI ; DIVISION, WITH CONDITIONS AS STATED HEREIN; DIRECTING THCITF CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE COUITY'g, TRAFFIC DIRECTOR. f.n . SPONSOR(S): Commissioner Ken Russell WHEREAS, on May 14, 2020, the City Commission adopted Resolution No. R-20-0156 x. authorizing the City Manager to identify feasible portions of City of Miami ("City") rights -of -way I- that may be repurposed for pedestrian and cafe usage ("Outdoor Dining Program") and to take any and all steps necessary to effectuate such repurposing until August 20, 2020 in order to assist businesses negatively affected by the novel coronavirus pandemic; and WHEREAS, on July 23, 2020, the City Commission adopted Resolution No. R-20-0231 which extended the Outdoor Dining Program to further assist struggling businesses; and WHEREAS, on January 14, 2021, the City Commission adopted Resolution No. R-21- 0021 which again extended the Outdoor Dining Program to further assist struggling businesses; and WHEREAS, the City Commission adopted Resolution No. R-21-0176 directing the City Manager to establish a permanent Outdoor Cafe program; and WHEREAS, the Outdoor Dining Program has been a successful and popular program that has enhanced the commercial experiences for the City's residents and visitors, as well as helped businesses in the City while keeping everyone safe; and WHEREAS, Fuller Street, Miami, Florida has been closed to vehicular traffic since May 2020 pursuant to approvals by the City and the Miami -Dade County ("County") Department of Transportation and Public Works ("Department"); and WHEREAS, City staff has initiated the process under Section 54-16 of the Code of the City of Miami, Florida, as amended, to prohibit vehicular access on Fuller Street; and WHEREAS, a condition of approval of said prohibition of vehicular access is that access for emergency and solid waste vehicles be provided at all times through any barricades; and City of Miami Page I of 2 File ID: 9246 (Revision: A) Printed On: 613012021 File ID: 9246 Enactment Number: R-21.0254 WHEREAS, the City Commission believes that it is in the best interest of the public to prohibit vehicular access on Fuller Street at its respective intersections with Main Highway and Grand Avenue, Miami, Florida; 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 authorizes' and permits the temporary restriction of vehicular access for Fuller Street at its respective intersections with Main Highway and Grand Avenue, Miami, Florida for outdoor cafe purposes, subject to final approval of the County's Department. Section 3. The prohibition of vehicular access shall be subject to any requirements or conditions that may be imposed by the City's Resilience and Public Works Department, Miami Police Department, Fire -Rescue Department, and Solid Waste Department. Section 4. The City Commission further directs that pedestrian access be provided at all times through any barricades at Fuller Street at its respective intersections with Main Highway and Grand Avenue, Miami, Florida. Section 5. The City Clerk is directed to transmit a copy of this Resolution to the the County's Traffic Director. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: C5 rya CO ' 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 2 File ID: 9246 (Revision: A) Printed on: 6/30/2021