HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11213
Date: 12/13/2021
Commission Meeting Date: 12/09/2021
Type:
Subject:
Requesting Department: City Commission
Sponsored By: Joe Carollo
District Impacted: All
Resolution
Resolution - Regarding Underline Tree Canopy on US1
Budget Impact Analysis
Item has NOT an Expenditure
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Maricarmen Lopez
Valentin J Alvarez
Xavier Alban
Marie Gouin
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Reviewed B
Meeting
Legislative Division Review
ACA Review
Budget Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
12/09/2021 9:00 AM
01/04/2022 1:38 PM
01/04/2022 3:07 PM
01/04/2022 8:24 PM
01/04/2022 8:33 PM
01/04/2022 9:00 PM
01/05/2022 10:01 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0515
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11213 Final Action Date:12/9/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY OF
MIAMI'S ("CITY") ADMINISTRATION TO WITHHOLD THE DISBURSEMENT OF ANY
FURTHER CITY FUNDS TO THE UNDERLINE PROJECT UNTIL THE
REPRESENTATIVES OF THE UNDERLINE PROJECT PRESENT TO THE CITY'S
ADMINISTRATION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF
THE UNDERLINE PROJECT, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL
AND/OR REPLACEMENT OF ANY AND ALL TREES, AND TO THEREAFTER
PRESENT SAID PLANS TO THE CITY COMMISSION FOR CONSIDERATION;
FURTHER DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON
THE JANUARY 13, 2022 CITY COMMISSION AGENDA FOR THE
REPRESENTATIVES OF THE UNDERLINE TO PRESENT TO THE CITY
COMMISSION THE PLANS FOR THE CONSTRUCTION AND OPERATION OF THE
UNDERLINE, INCLUDING, BUT NOT LIMITED TO, THE REMOVAL AND/OR
REPLACEMENT OF ANY AND ALL TREES AND TO PROVIDE SAID PLANS AND
INFORMATION TO THE CITY COMMISSION PRIOR TO THE CITY COMMISSION
MEETING BUT NO LATER THAN JANUARY 4, 2022.
WHEREAS, on September 10, 2015, the City Commission adopted Resolution No. R-
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 the Dadeland South Station
for a project known as the "Underline Project" ("Underline Project"); and
WHEREAS, on September 10, 2015, the City Commission adopted Resolution No. R-
15-0397 authorizing the City Manager to enter into a Memorandum of Understanding with
Miami -Dade County ("County") for the funding of Phase 1 of the Underline Project utilizing City
park impact fees attributable to construction within five hundred feet (500') to the east of Phase
1 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 adopted Resolution No. R-16-
0409 providing for funding to the County, through a Memorandum of Understanding with the
County, for the Underline Project in the amount of up to Fifty Million Dollars ($50,000,000.00)
utilizing City park impact fees attributable to new developments 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 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; and
WHEREAS, subsequent to the passage of Resolution No. R-16-0409, the terms of the
Memorandum of Understanding were re -negotiated; and
WHEREAS, on March 23, 2017, the City Commission adopted Resolution No. R-17-
0143 authorizing the City Manager to enter into another Memorandum of Understanding with
the County which allowed 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 developments
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, Phase 1 of the Underline Project is complete and Phase 2 of the Underline
Project is currently under construction; and
WHEREAS, the City Commission and the public are concerned about the removal of
numerous large and older trees during the construction of the Underline Project and
WHEREAS, the City has also been informed of certain activities, such as potential
billboards and advertising, that may be incorporated into the operation of the Underline Project;
and
WHEREAS, the City Commission is concerned with the current status of the construction
of the Underline Project and the future operation of the Underline Project; and
WHEREAS, until those concerns are addressed and the City is updated on these
matters, the City Commission believes that it is in the best interest of the City to withhold the
disbursement of any further City funds awarded to the Underline Project until the
representatives of the Underline present to the City's Administration the plans for the
construction and operation of the underline, including, but not limited to, the removal and/or
replacement of any and all trees and to thereafter present said plans to the City Commission;
and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
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 directs the City's Administration to withhold the
disbursement of any further City funds awarded to the Underline Project until the
representatives of the Underline Project present to the City's Administration the plans for the
construction and operation of the Underline Project, including, but not limited to, the removal
and/or replacement of any and all trees and to thereafter present said plans to the City
Commission.
Section 3. The City Commission further directs the City Manager to place a discussion
item on the January 13, 2022 City Commission Agenda for the representatives of the Underline
Project to present to the City Commission the plans for the construction and operation of the
Underline Project, including, but not limited to, the removal and/or replacement of any and all
trees and to provide said plans and information to the members of the City Commission prior to
the City Commission meeting but no later than January 4, 2022.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity kkor ey 1/4/2022