HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
*"'°°""° " File ID: #6353
IB 11
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9
Date: 08/28/2019 Requesting Department: Department of
Resilience and Public Works
Commission Meeting Date: 09/12/2019 Sponsored By:
District Impacted: District 2, District 5
Type: Resolution
Subject: 1-395 Encroachments
Purpose of Item:
A Resolution authorizing the City Manager to execute Easements and a Roadway
Transfer Agreement with the Florida Department ("Department") to accommodate the
rebuilding of the 1-395 expressway corridor from the 1-95/Midtown interchange to the
west channel bridge of the US 41/MacArthur Causeway.
Background of Item:
The Florida Department of Transportation (FDOT) is in the process of building
improvements along State Road 836 and replacement of 1-395 from NW 17 Avenue to
MacArthur Causeway. In accordance with City Code 55-14(b), the City Commission, by
resolution, may permit an encroachment which does not unduly restrict use of the right-
of-way or public easement area where such encroachment is a necessary essential
element in the construction of an otherwise authorized pedestrian and/or vehicular
overpass above or underpass below said Right -of -Way.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
Department of Resilience and Public Works
Review Completed
08/22/2019 4:13 PM
Office of Management and Budget
Donovan Dawson
Office of Management and Budget
Christopher M Rose
City Manager's Office
Nzeribe Ihekwaba
City Manager's Office
Ignacio Ortiz -Petit
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Alan M. Dodd
Department Head
Budget Analyst Review
Completed
Budget Review
Completed
Assistant City Manager Review
Completed
City Manager Review
Completed
Legislative Division Review
Completed
ACA Review
Skipped
Deputy City Attorney Review
Skipped
Approved Form and Correctness
Completed
Meeting
Completed
Unsigned by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
08/23/2019 3:15 PM
08/28/2019 5:16 AM
08/28/2019 6:17 AM
08/30/2019 9:42 AM
08/30/2019 12:37 PM
08/30/2019 12:55 PM
08/30/2019 12:55 PM
08/30/2019 4:32 PM
09/12/2019 9:00 AM
09/20/2019 4:08 PM
09/20/2019 4:18 PM
09/20/2019 4:18 PM
File Number: 6353
City of Miami
Legislation
Resolution
Enactment Number: R-19-0332
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:9/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
PERMITTING ENCROACHMENTS, PURSUANT TO SECTION 55-14(B) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, IN CERTAIN CITY OF MIAMI ("CITY")
RIGHTS-OF-WAY IN FURTHERANCE OF THE FLORIDA DEPARTMENT OF
TRANSPORTATION'S ("FDOT") IMPROVEMENTS TO STATE ROAD 836 AND 1-395
FROM NORTHWEST 17 AVENUE TO BISCAYNE BAY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE CONVEYANCE OF VARIOUS EASEMENTS TO
FDOT FOR SAID ENCROACHMENTS, IN THE AREAS SUBSTANTIALLY DEPICTED
HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FDOT FOR RIGHT-OF-WAY TRANSFERS OF PORTIONS OF NORTHWEST
1 ST AVENUE AND NORTHWEST 13TH STREET BETWEEN THE CITY'S ROADWAY
SYSTEM AND THE STATE HIGHWAY SYSTEM; AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTIONS TO ACCEPT FROM FDOT CERTAIN
PROPERTY ABUTTING NORTHEAST 13 STREET FROM BISCAYNE BOULEVARD
TO NORTHEAST 2ND AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL
ACTIONS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION.
WHEREAS, the Florida Department of Transportation (TDOT") is in the process of
constructing improvements along State Road 836 ("SR 836") and Interstate 395 (1-395") from
Northwest 17th Avenue to MacArthur Causeway that will enhance safety and mobility within the
City of Miami ("City"); and
WHEREAS, the proposed improvements include a heritage trail for pedestrians from
Northwest 3rd Avenue to Biscayne Boulevard beneath 1-395 ("Heritage Trail"); and
WHEREAS, the City and FDOT are actively working together to provide amenities that
would encourage activity on the Heritage Trail including direct access to shopping recreation,
entertainment, transportation and employment; and
WHEREAS, to complete the improvements, new bridge pier foundations are required to
support the elevated SR 836 and 1-395; and
WHEREAS, fourteen (14) of the foundations will have underground encroachments in
the City's rights-of-way; and
WHEREAS, FDOT is requesting conveyance of perpetual easements from the City for
the placement of encroaching bridge pier foundations within the City's rights-of-way, as
substantially depicted in Exhibit "A"; and
WHEREAS, the in order to effectuate the improvements to SR 836 and 1-395, the City
and FDOT wish to transfer jurisdiction of a portion of Northwest 1 sl Avenue and Northwest 13th
Street, as substantially depicted in Exhibit "B", in exchange for FDOT right-of-way to allow for
the roadway's realignment; and
WHEREAS, FDOT wishes to transfer property abutting NE 13 Street from Biscayne
Boulevard to NE 2 Avenue, depicted on Exhibit "C", to the City in order to widen the roadway to
improve vehicular capacity for the new westbound ramp to 1-395, which the City wishes to
accept; and
WHEREAS, in accordance with Section 55-14(b) of the Code of City of Miami, Florida,
as amended ("City Code"), the City Commission may permit an encroachment which does not
unduly restrict use of a right-of-way where such encroachment is a necessary essential element
in the construction of an otherwise authorized pedestrian and/or vehicular overpass above or
underpass below said right-of-way; and
WHEREAS, FDOT's improvements to SR 836 and 1-395 are an authorized vehicular
overpass and the proposed encroachments into the City's rights-of-way, as substantially
depicted in Exhibit "A", will not unduly restrict use of the rights-of-way into which they encroach;
and
WHEREAS, FDOT is a governmental agency and thus exempt from payment of user
fees in connection with said encroachments pursuant to Section 55-14(f) of the City Code; and
WHEREAS, the perpetual easements and agreement shall be to implement a project of
a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of
the City of Miami, Florida, as amended ("City Charter');
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 Manager is authorized' to execute perpetual easements, in forms
acceptable to the City Attorney, with FDOT for the placement of underground bridge pier
foundation encroachments within the City's rights-of-way, as substantially depicted in Exhibit
"A," subject to the execution and recordation of a covenant running with the land in compliance
with Section 55-14(d) of the City Code and further authorizing the City Manager to make non -
substantial modifications to the areas needed for such purposes.
Section 3. The City Manager is authorized' to execute an agreement, in a form
acceptable to the City Attorney, with FDOT for right-of-way transfers of portions of Northwest 1 st
Avenue and Northwest 13th Street between the City's roadway system and the State Highway
System, as substantially depicted in Exhibit "B," and further authorizing the City Manager to
make non -substantial modifications to the areas needed for such purposes.
Section 4. The City Manager is authorized' to take all actions necessary, in consultation
with the City Attorney, to accept from FDOT that certain property abutting Northeast 13th Street
from Biscayne Boulevard to Northeast 2nd Avenue, as substantially depicted in Exhibit "C,"
further authorizing the City Manager to make non -substantial modifications to the area to be
accepted by the City.
Section 5. The City Manager is authorized' to take all actions to effectuate the intent of
this resolution.
' 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 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 8/30/2019
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.