HomeMy WebLinkAboutReso 2009-1373
RESOLUTION NO. 2009- J 373
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TAKE ANY ACTIONS NECESSARY OR REQUIRED TO
REQUEST THAT THE FLORIDA DEPARTMENT OF
TRANSPORT A TION (FDOT) ALLOW THE PLACEMENT OF LIGHT
POLES AND PALM TREES, NINE (9) AND TEN (10) FEET FROM THE
FACE OF CURB, RESPECTIVELY, INSTEAD OF SIXTEEN AND ONE
HALF (16.5) FEET, IN ACCORDANCE WITH AASHTO STANDARDS
WHICH REQUIRE ONE AND ONE HALF (1.5) FEET DISTANCE FROM
THE FACE OF CURB, ALONG THE WEST SIDEWALK OF COLLINS
AVENUE (STATE ROAD AlA), BETWEEN 187TH STREET AND 191sT
STREET, SUNNY ISLES BEACH, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has long desired to have a consistent streetscape
theme along Collins A venue; and
WHEREAS, on December 18, 2008, via Resolution No. 2008-1357, the City
Commission awarded Bid No. 08-10-01 to and enter into an agreement with Tenex Enterprises,
Inc. to provide services on a unit price basis for the Collins A venue Streetscape Improvements
Project; and
WHEREAS, the Collins A venue Streetscape Improvements Project requires the
placement of light poles and palm trees, nine (9) and ten (10) feet from the face of curb, along the
west sidewalk of Collins Avenue (State Road A 1 A), between 18ih Street and 191 st Street; and
WHEREAS, the City has a non-restricted right-of-way along the west side of Collins
A venue, and in most cases, the Florida Department of Transportation (FDOT) right-of-way is
restricted at the back of the sidewalk which would allow the City to place palms, poles, etc., four
(4) feet from face of curb, but in this case, because FDOT right-of-way includes the retention
area up to the chain-link fence, it is considered non-restricted and the horizontal clearance
setback for Collins A venue in this area is 16.5 feet from the face of curb; and
WHEREAS, FDOT requires 16.5 feet setback from the face of curb in non-restricted
right-of-way, and in justifiable cases allows design in accordance with the American Association
of State Highway and Transportation Officials (AASHTO), which requires 1.5 feet setback
distance from the face of the curb; and
WHEREAS, the City of Sunny Isles Beach now seeks approval from FDOT for
placement of light poles nine (9) feet and Palm Trees ten (10) feet from the face of curb to
provide pedestrian safety, shade, and comfort while conforming to the safety standards of the
Florida Department of Transportation; and
WHEREAS, the City Commission wishes to authorize the City Manager to request from
the Florida Department of Transportation the above approval, and finds it is in the best interest of
the City.
R2009- FOOT Reso for Variance re Collins Ave Streetscape Project
Page I of2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to take
any actions necessary or required to request that the Florida Department of Transportation allow
the placement of light poles and palm trees, nine (9) and ten (10) feet from the face of curb,
respectively, along the west sidewalk of Collins A venue (State Road A 1 A), between 18ih Street
and 191 st Street, Sunny Isles Beach, Florida.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of January 2009.
ATTEST:
~~~
Jane A. Hines, CMC, City Clerk
Approved As to Form and
Legal Suffici y:
Moved by: V l C. E. M A~D (C Tf'ltH-. ~ ~
Seconded by: ComYY\l <.:: ~ IOrJ E R.. ~~~ZI1J
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)
~(Yes)
V (Yes)
:;-CY es)
(Yes)
(No)
_(No)
_(No)
_(No)
_(No)
R2009- FOOT Reso for Varianee re Collins Ave Streetscape Project
Page 2 of2
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottino!, City Allorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
Via: A. John Szerlag, City Manager
FROM: Douglas Haag, Assistant City Manager-Finance
DATE: January 15, 2009
RE: Florida Department Of Transportation Variance
RECOMMENDATION:
Approve the attached resolution acknowledging a Design Variance that we are requesting from
the Florida Department of Transportation (FDOT) in order to begin the Collins Avenue
Streetscape project.
BACKGROUND:
Please be advised that FDOT is now requIrIng a resolution from the City Commission
acknowledging a Variance (see description below from Kathy O'Leary-Richards). We have
requested design variances on several projects in the past and this is the first time FDOT has
requested a resolution from the City. FOOT mentioned to our design consultant that a similar
resolution was recently requested from the City of Miami Beach. The FDOT reviewer suggested
that we may be able to get the construction permit for the roadway portion prior to issuing the
landscape permit. Kathy O'Leary-Richards and Ramon Tesone, our design consultants, spoke to
Craig James, FDOT District Landscape Architect, and Esteban Espinal, FDOT Permit Specialist,
and they were agreeable to the idea. This will allow the contractor to start work while we wait
for the variance resolution.
Variance Description: The variance is because we have a "non-restricted" right-of-way along
the west side of Collins A venue between I sih St. and 191 st St. In most cases. the FOOT right-
of-way is at the back of the sidewalk which would make it "restricted" and allow us to place
palms, poles, etc. 4' from face of curb. In this case, because the FDOT right-of-way includes the
retention area up to the chain-link fence, it is considered non-restricted and the horizontal
clearance setback is 16 12'. We currently have the palms and poles approx. 10' from face of
curb. A design Variance is granted when the project does not meet FDOT criteria and meets
--------
Finance Department
Commission Meeting Date:
IOF
I - I 5 - O~
Funding available:
Page 2
AASHTO criteria. AASHTO's guidelines call for placing above-ground objects a minimum of
1 Yz' from the face of curb.
~rv~~~"
February 3, 2009
I/J 'II l/.r'dde COt ,nty .jchoo ~ J;>rrl
Dr Solomon C. Stinson. Chair
Dr. Marta Perez, Vice Chair
Agustin J Barrera
Renier Diaz de la Portilla
Dr. Lawrence S. Feldman
Perla Tabares Hantman
Dr. Wilbert "Tee" Holloway
Dr. Martin Karp
Ana Rivas Logan
") rverintendent of Schoo's
Alberto M Carvalho
Chief Fred Maas
Sunny Isles Beach Police Department
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Dear Chief Maas:
The enclosed Florida Department of Law Enforcement (FDLE) e-receipt confirms that a
copy of the Mutual Aid Agreement between Miami-Dade Schools Police Department
(M-DSPD) and Sunny Isles Beach Police Department has been received by FDLE.
Additionally, this receipt verifies approval of the Agreement by the State as legally
sufficient and binding.
M-DSPD appreciates the opportunity to work in this collaborative effort and is looking
forward to future inter-agency endeavors with mutual cooperation as we strive to create
a safe and relaxed atmosphere for our citizens, students and visitors.
Charles J. HtJr!ey,9i f
CJH:ml
L358
(\'oIV
.,,0
"{lL' ...
The Miami-Dade Schools Police Department. 6100 NW 2nd Avenue. Miami, Florida 33127
305-995-COPS . Fax 305-751-7626 . htto:/loolice.dadeschools.net
I--- -
Page 1 of2
Murray, Nannette C.
From: Mutual Aid [MutuaIAid@fdle.stateJl.us] Sent: Wed 1/28/2009 10:48 AM
To: Murray, Nannette C.
Cc:
Subject: MIAMI-DADE SCHOOLS & SUNNY ISLES BEACH - Receipt for Mutual Aid Agreement
Attachments:
FOLE M~TU~L AID
wwwJdle.stateJI.us
M utuaIAid@fdle.state.fI.us
FAX (850) 410-8392
Mutual Aid Agreement e-receipt
On 01-12-2009, this office received a file copy of the mutual aid agreement between the MIAMI-
DADE SCHOOLS and the CITY OF SUNNY ISLES BEACH.
Pursuant to the administrative reporting requirement of the Florida Mutual Aid Act (~23.1225(4),
Florida Statutes), a copy of this agreement is now on file with FDLE.
It is recommended that this receipt be maintained with your original agreement to document that you
have complied with this requirement and that you inform all other agencies participating in this
agreement of your compliance.
Please remember that a copy of each newly executed law enforcement mutual aid agreement
constructed under the authority of the Florida Mutual Aid Act needs to be promptly submitted to
FDLE:
By E-mail: Scanned copy of complete original agreement (as a .pdf document)
may be sent to MutuaIAid@fdle.state.fJ.us
By FAX: 850 - 410 - 8392
By Mail to: FDLE Mutual Aid
ATTN: Walt Turner
POBox 1489
Tallahassee FL 32302-1489
https://mail.dadeschools.netlexchangeINMurraylInbox/MIAMI- DAD E%20SC H 00 LS%2... 1/28/2009
,----
Page 2 of2
Each copy of a submitted agreement should include an agency e-mail address to which an e-receipt
acknowledging your compliance will be sent.
All participating agencies should note that electronic copies of recent agreements (2007-2008), and
FAQ's related to developing law enforcement mutual aid agreements or plans may be found on the
FDLE~s Mutual _ Aid_ Web Local Assistance page on Florida's CJNet
(http://osiweQ.fdle.flcjn.netlMutuaIAid/rv1Amain-page_. htm).
For specific Mutual Aid local or regional issues, questions, or for direct assistance with agreements or
mutual aid planning, please contact Walt Turner (850-410-8397) or e-mail
M utuaIAid@fgle.state.fl.us.
https:llmail.dadeschools.netlexchangeINMurray/I nbox/MIAM I - DAD E%20SCH 00 LS%2... 1/28/2009