Loading...
Resolution 2023-32697 RESOLUTION NO. 2023-32697 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FUNDING IN THE NOT-TO-EXCEED AMOUNT OF$66,000 FOR CROWN CASTLE INC.TO REMOVE ITS 5G UTILITY POLE LOCATED IN THE VICINITY OF 300 COLLINS AVENUE, IN ORDER TO RELOCATE SAID POLE TO A MORE SUITABLE LOCATION MUTUALLY AGREED UPON BY THE CITY AND CROWN CASTLE, INC.; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AGREEMENT OR OTHER DOCUMENTS WHICH MAY BE NECESSARY TO IMPLEMENT THE FOREGOING. WHEREAS, the- City's Public Works Department has recommended the removal and relocation of the Crown Castle, Inc. 5G utility pole, located in the vicinity of 300 Collins Avenue,to a more suitable location in the area; and WHEREAS,the 5G pole was installed by Crown Castle, Inc.,the owner of the 5G pole; and WHEREAS, under Florida law,the City is generally preempted from regulating the siting or permitting of wireless communications facilities on public right of ways, and telecommunications providers have a right to place these facilities on streets and sidewalks, subject to compliance with state law; and WHEREAS, notwithstanding the foregoing, subject to the consent of Crown Castle, Inc.,the City may legally pay for a proposed relocation if the City Commission finds a public purpose can be served thereby; and WHEREAS, the removal and relocation is estimated to cost the City between $50,000 to $60,000, and will take Crown Castle approximately 6-9 months to complete; accordingly, the Administration recommends funding approval in an amount not to exceed $66,000, to include a 10% contingency for the associated work. NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve funding in the not-to-exceed amount of$66,000 for Crown Castle Inc. to remove its 5G utility pole located in the vicinity of 300 Collins Avenue, in order to relocate said pole to a more suitable • location mutually agreed upon by the City and Crown Castle, Inc.; and further authorize the City Manager and City Clerk to execute any agreement or other documents which may be necessary to implement the foregoing. -�^ PASSED and ADOPTED THIS o J10 day of (4I , 2023. ATTEST: TY CLERK MAYOR , ems`' JUL 2 8 2023 F •: APPROVED AS TO s °` ; FORM&LANGUAGE 111LORPORATED s &FOR EXECUTION . �.M �" 7—,7 �3 2 ,. City Attorney Date Agenda Item C7 T. Date 112643 DocuSign Envelope ID:A777DE14-247C-4C4B-8C3B-89A9ACE9C3CF MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manag'� DATE: July 26, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FUNDING IN THE NOT-TO-EXCEED AMOUNT OF $66,000 FOR CROWN CASTLE INC. TO REMOVE ITS 5G UTILITY POLE LOCATED IN THE VICINITY OF 300 COLLINS AVENUE, IN ORDER TO RELOCATE SAID POLE TO A MORE SUITABLE LOCATION MUTUALLY AGREED UPON BY THE CITY AND CROWN-CASTLE;INC.;AND~FURTHER AUTHORIZING THE-CITY MANAGER--- AND CITY CLERK TO EXECUTE ANY AGREEMENT OR OTHER DOCUMENTS WHICH MAY,BE NECESSARY TO IMPLEMENT THE FOREGOING. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY Public Works is in receipt of a request to remove and relocate a 5G utility pole, installed by Crown Castle and located in the vicinity of 300 Collins Avenue, Miami Beach. The existing pole is extremely close to the balconies of this building and it has been asserted by the unit owners that there were issues with the notice for the public hearing before the land use board as required by our Code. If approved the pole will be relocated to a nearby location mutually agreed upon by the City and Crown Castle that does not compromise any pedestrian pathway or public safety. The location of the 5Gutility pole'was approved by HPB on May 14, 2019 (HPB19- 0270).'Notices were sent to properties owners within the required 375 feet radius of the pole. However, the notices were sent to the developer of the property for 300 Collins Ave and not the owners of the properties since at the time the list was generated for the notifications, the units in this property had been sold but The Property Appraisers website had not yet been updated. It typically takes the Property Appraiser several months to update ownership information after sale of a property. The notices were sent out in April of 2019 and records still reflected ownership by the Developer. This notification met the requirements of our Code but does create a difficult situation for the new owners. Given that the owners of the units at 300 Collins Avenue were never notified, they had no opportunity to object to the placement of the pole at that location. The City DocuSign Envelope ID:A777DE14-247C-4C4B-8C3B-89A9ACE9C3CF reached out to Crown Castle and the utility company is amenable to relocate the pole to a more suitable location. This removal and relocation are estimated to cost the City between $50,000 - $60,000 and will take approximately 6-9 months to complete. Funding would be provided from the General Fund budget out of Public Works Operation Division's Streets Contract Maintenance. It is important to note that the State of Florida has since enacted legislation that preempts the City's ability to require a public hearing before a Land Use Board. The Administration is currently working with the City Attorney's Office to bring an amendment to the City Code to adjust our Code to be consistent with State Statutes. SUPPORTING SURVEY DATA Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4% and rated the City as a good place to live. FINANCIAL INFORMATION Budget Code: 011-0840-000325-29-403-521-00-00-00- (General Fund: Streets Contract Maintenance) CONCLUSION The Administration recommends approving the Resolution. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Works ATTACHMENTS: Description p 'RESO �os Resolutions -C7 T MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 26, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FUNDING IN THE NOT-TO- EXCEED AMOUNT OF $66,000 FOR CROWN CASTLE INC. TO REMOVE ITS 5G UTILITY POLE LOCATED IN THE VICINITY OF 300 COLLINS AVENUE, IN ORDER TO RELOCATE SAID POLE TO A MORE SUITABLE LOCATION MUTUALLY AGREED UPON BY THE CITY AND CROWN CASTLE, INC.; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY AGREEMENT OR OTHER DOCUMENTS WHICH MAYBE NECESSARY TO IMPLEMENT THE FOREGOING. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) SUPPORTING SURVEY DATA TBD FINANCIAL INFORMATION TBD Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Works Page 610 of 1588