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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10570 Date: 08/27/2021 Commission Meeting Date: 09/13/2021 Requesting Department: Office of Capital Improvements Sponsored By: Manolo Reyes District Impacted: District 4 Type: Resolution Subject: Direct CM - Traffic Calming Device Purpose of Item: A resolution of the Miami City Commission, with attachments authorizing and directing the City Manager, after a public hearing, to take any and all actions necessary to expeditiously request that the Miami -Dade County Department of Transportation and Public Works ("DTPW') consider proposed traffic flow modifications regarding the City of Miami's Office of Capital Improvements Project No. 40-B203608 and waive the required concurrence of property owners/residents immediately adjacent to the proposed speed hump on Southwest 23rd Street between Southwest 27th and Southwest 29th A venue in order to expedite the construction of the traffic calming devices. Background of Item: As set forth in Resolution R-20-0384, the City of Miami Commission authorized and directed the City Manager to take any and all actions necessary to expeditiously design and construct traffic calming devices in District 4 to include a device located on Southwest 23rd Street between Southwest 27th Avenue and Southwest 29th Avenue (Douglas Park). Attachment A of the Miami -Dade County Traffic Flow Modification(s)/Street Closures(s) Procedure requires concurrence of two-thirds (2/3) of the affected residents and/or property owners of the block in addition to 100% of the immediately adjacent residents and property owners. After 3 attempts to obtain concurrence from the Publix supermarket immediately adjacent to the north side of the section of the public right -of -way where the Traffic Calming Device is to be installed, the City of Miami received no response. In order to proceed in the most expeditious manner without the delay being caused by Publix Supermarket's failure to concur as an adjacent property owner/resident District 4 is seeking approval from the DTPW to waive the required balloting process after a public hearing. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A CIP Project No: 40-B203608 Office of Capital Improvements Angel Carrasquillo Office of Management and Budget Lai -wan McGinnis Office of Management and Budget Leon P Michel City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Department of Resilience and Public Works Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Valentin J Alvarez Victoria Mendez Maricarmen Lopez City Clerk's Office Reviewed B Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Joseph Murray Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed Completed Completed Completed Completed Completed ACA Review Skipped Completed Completed Completed 09/01/2021 3:33 PM 09/01/2021 3:59 PM 09/01/2021 4:45 PM 09/01/2021 6:30 PM 09/01/2021 6:46 PM 09/01/2021 9:50 PM Completed 09/01/2021 10:52 PM 09/01/2021 11:29 PM 09/13/2021 9:00 AM 09/20/2021 6:20 PM City of Miami Legislation Resolution Enactment Number: R-21-0346 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10570 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. 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-B203608 ("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 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. 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. APPROVED AS TO FORM AND CORRECTNESS: