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Resolution 2021-31954RESOLUTION NO. 2021-31954 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY ADMINISTRATION'S INTERPRETATION RELATING TO THE FEES APPLICABLE TO RIGHT-OF-WAY PERMITS FOR THE TEMPORARY CLOSURE OF SIDEWALK PURSUANT TO SECTION 98-92 OF THE CITY CODE, AND PROVIDING THAT THE DAILY PERMIT FEES APPLICABLE FOR BLOCKING A LOCAL OR COLLECTOR ROAD SHALL APPLY TO RIGHT-OF-WAY PERMITS SEEKING CLOSURE OF ANY SIDEWALKS THROUGHOUT THE CITY. WHEREAS, in 2013, the traffic data company INRIX calculated that traffic congestion cost the US Economy $128 billion; and WHEREAS, many of the buildings in Miami Beach are undergoing redevelopment and construction which require lane closures at different phases of the project; and WHEREAS, over the past 3 years, the City has developed several signalization, management, and transit initiatives to mitigate additional traffic associated with construction projects; and WHEREAS, on September 17, 2016, the Mayor and City Commission adopted Ordinance No. 2016-4065, amending the fees and hours regarding permits for blocking of Right -of -Way ("ROW") construction work along Major Thoroughfares, and Local and Collector roads; and WHEREAS, the City's existing fee structure for ROW closures are set forth in Appendix A of the City Code; and WHEREAS, with respect to the fees pursuant to Section 98-92 of the City Code, the City charges certain daily fees for the temporary blocking of Local and Collector roads, and significantly higher daily fees for the closure of Major Thoroughfares, in view of the significant traffic and other impacts associated with closures of Major Thoroughfares; and WHEREAS, Appendix A is silent as to the fees applicable to sidewalk closures; and WHEREAS, following review of the impacts and costs associated with sidewalk closures, the Administration recommends that the daily fees for closure of local and collector roads apply to sidewalks, as the impacts of sidewalk closures are more analogous to the impacts for closures of Local and Collector roads, as opposed to the much more significant impacts associated with closure of Major Thoroughfares. 1 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 the City Administration's interpretation relating to the fees applicable to Right -Of -Way permits for the temporary closure of sidewalk pursuant to Section 98-92 of the City Code, and providing that the daily permit fees applicable for blocking a local or collector road shall apply to Right -Of -Way permits seeking closure of any sidewalks throughout the City. PASSED AND ADOPTED this 8 day of ��� ber , 2021. ? % Dan Gelber, Mayor ATTEST: r--\ / , aP,[nPAo Rafael E. Granado, City Clerk DEC 1 3 2021 2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION K`CikaL C ,\ City Attorney Date Resolutions - R7 L MIAMI BEH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: December 8, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORI DA, APPROVI NG THE CITYADMINISTRATION'S INTERPRETATION RELATING TO THE FEES APPLICABLE TO RIGHT-OF- WAY PERMITS FOR THE TEMPORARY CLOSURE OF A SIDEWALK, PURSUANT TO SECTION 98-92 OF THE CITY CODE, AND PROVIDING THAT THE DAILY PERMIT FEES APPLICABLE FOR BLOCKING A LOCAL OR COLLECTOR ROAD SHALL APPLY TO RIGHT-OF-WAY PERMITS SEEKING CLOSURE OFANYSIDEWALKS THROUGHOUT THE CITY. RECOMMENDATION The Administration recommends approving the Resolution. Accordingly, the City will continue to charge the higher permit fee (as identified within Appendix A of the City Code,) for travel lane closures along major thoroughfares, however, the lower permit fee will be charged for sidewalk closures along major thoroughfares. Additionally, the lower permit fee will be charged for both travel lane closures and sidewalk closures along local and collector roads. BACKGROUND/HISTORY The City of Miami Beach (the "City") has many private developments that require occupying the public right-of-way at different phases of the project, whether it be with sidewalk closure or lane closures. Lane closures along major thoroughfares in the City affect mobility in the City and create congestion, thus affecting the quality -o -f -life for residents and visitors. At the September 27, 2016, City Commission Meeting, the Mayor and City Commission, pursuant to Resolution No. 2016-29583, directed the City Administration to develop a more aggressive f e e schedule f or lane closure permits a n d crane installation permits for construction work blocking travel lanes along major thoroughfares during the allowable (non - rush hour) time periods. At the December 14, 2016, City Commission Meeting, the Mayor and City Commission pursuant to Ordinance No. 20164065, approved this fee schedule increase. An increased fee would steer contractors t o become more creative i n finding alternate constructability solutions, including opting for alternate minor streets when feasible, thus decreasing traffic congestion and/or disruption. The City Administration implemented the higher fee schedule to the following major thoroughfares, inclusive of the sidewalk: • Alton Road • 5th Street • West Avenue Page 1096 of 1357 • 16th Street • Collins Avenue • 17th Street • Indian Creek • Dade Boulevard • Pine Tree/La Gorce Drive • 41 st Street • Abbott Avenue/Harding Avenue • 71 st Street • AbbottAvenue/Harding Avenue • 71 st Street • Washington Avenue • 63rd Street The Administration received an inquiry as to the applicability of the higher fees to sidewalks when the major thoroughfare was not impacted. The Public Works Department analyzed the applicability of the fees and the intent of the legislation. Public Works Department supports charging the higher fees for the major thoroughfare lanes but charging the lower fee for sidewalks as the impact to these two are significantly different. As such, the Administration wishes to clarify the interpretation and application o f Ordinance No. 2016-4065, and the respective qualifying fees. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey related to the perception of the City of Miami Beach show that 66% of residents rated quality of life as very satisfied/satisfied. CONCLUSION The Administration recommends approving the Resolution. Accordingly, the City will continue to charge the higher permit fee (as identified within Appendix A of the City Code,) for travel lane closures along major thoroughfares, however, the lower permit fee will be charged for sidewalk closures along major thoroughfares. Additionally, the lower permit fee will be charged for both travel lane closures and sidewalk closures along local and collector roads. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Strategic Connection Mobility -Address traffic congestion. Legislative Tracking Public Works ATTACHMENTS: Description Does this item utilize G.O. Bond Funds? I66 Page 1097 of 1357 2016-29583 Reso 2016-4065 Ordinance Resolution Page 1098 of 1357 RESOLUTION NO. 2016-29583 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH FURTHER RESTRICTIONS ON RIGHT-OF-WAY CLOSURE TIMES FOR CONSTRUCTION WORK ALONG MAJOR THOROUGHFARES. WHEREAS, in 2013, the traffic data company INRIX calculated that traffic congestion costs $128 billion to the US Economy; and WHEREAS, many of the buildings in Miami Beach are undergoing redevelopment and rehabilitations which require lane closures at different phases of the project; and WHEREAS, lane closures along Major Thoroughfares in the City affect mobility in the City and creates congestion, thus affecting the quality -of -life for residents and visitors; and WHEREAS, according the City's 2014 Traffic Flow Mitigation Plan ("Traffic Mitigation Plan"), Major Thoroughfare Right -of -Way (ROW) closures, including ROW permits and special event permits, are not permitted during the Rush Hours from Monday through Friday, which hours are defined as 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m.; and WHEREAS, the classification of Major Thoroughfare is defined as the following roadways in the City as set forth in Exhibit A: • Alton Road • 5th Street • West Avenue • 16th Street • Collins Avenue • 17th Street • Indian Creek • Dade Boulevard • Pine Tree/La Gorce Drive • 41 st Street • Abbott Avenue/Harding Avenue • 71 st Street • Washington Avenue • 63rd Street; and WHEREAS, since the implementation of the Traffic Mitigation Plan, City staff has reviewed traffic conditions and traffic demand along the City's Major Thoroughfares with the intent of measuring the effectiveness of the implemented times; and WHEREAS, based on the changes to the traffic patterns and traffic demand in the City, City staff recommended adjustments to the existing Rush Hour times (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m.) at the May 13, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, so that such times would extend, instead, from 7:00 a.m. to 10:00 a.m., and from 3:30 p.m. to 7:00 p.m., to reduce conflicts with commuter traffic; and Page 1099 of 1357 WHEREAS, at the May 13, 2016 NCAC meeting, the NCAC approved staff's recommendation to further extend restrictions on the closure of public rights-of-way along Major Thoroughfares from 7:00 a.m. to 10:00 a.m., and from 3:30 p.m. to 7:00 p.m.; in addition, the NCAC further recommended that the fees for lane closures along Major Thoroughfares should be increased; and WHEREAS, if the NCAC's recommendation with regard to extending the restrictions on the closure of Major Thoroughfares for construction work is accepted by the City Commission, the Administration will commence the process of amending the existing City Code provisions and the Citywide Procedure regarding the Traffic Flow Mitigation Plan to codify the recommended restrictions. 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 accept the recommendation of the Neighborhood/Community Affairs Committee to establish further restrictions on right-of-way closure times for construction work along Major Thoroughfares as set forth herein. PASSED and ADOPTED this 27 day of September, 2016. ATTEST: 8 �o R fael E. Gr nado, qty erk T:VIGENDA7201611uiy%TranspodetionlAcceptlnB the Recommendation Construction on ROW RESO.domdoc Philip Page 1100 of 1357 APPROVED AS TO FORM & LANGUAGE & FOR EC JON City Attomey.DDc#e vi— Exhibit A 1 A t A�` 1� � � � EACH JANUARY 2015 Of$2 1 NUMBER: SEQUENCE CITYWIDE PROCEDURE DATE UPDATED: cm. 16.01 JANUARY 2016 SUBJECT: TRAFFIC FLOW MITIGATION PLAN RESPONSIBLE DEPARTMENT(S): CITY MANAGER PURPOSE: To ensure the maximization of traffic flow on Major Thoroughfares (MT) at all times of the day. Major Thoroughfares in Miami Beach (see attached map) are defined as the following: - • Alton Road • West Avenue • Collins Avenue • Indian Creek Drive • Pine Tree/La Gorce Drive • Abbott/Harding Avenue • Washington Avenue PROCEDURES: o 50' Street • 16'Street • 17'hStreet • Dade Boulevard/23`d Street o 41 Street • 718` Street • 63rd Street No City vehicles and/or City contract vehicles are to work, pause, or park on MT at any time of the day with the exception of public safety response (police/fire) or emergency repairs. Except for construction activities required due to an engineering necessity, no MT Right -Of - Way (ROW) closures, including ROW permits, special event permits, etc., are permitted during the Rush Hours Monday through Friday defined as 7:00 a.m. — 9:00 a.m. and 4:00 p.m. = 7:00 p.m.. ROW closures observed during Rush Hours by any City employee or ROW parking or pausing by City employees are to be reported immediately as follows: • Contact the Parking Department at 305-673-9453 to deploy code or parking resources as soon as possible. • The Code/Parking Department will confirm if a permit has been issued and enforce ROW event cessation if applicable. ROW work is to be shut down if no permit has been issued, including utility companies unless an emergency is clearly observed. • Police Department to be contacted via radio dispatch if vehicle is not moved as requested by parking and/or code. The Code Department, Parking Department and Police Department will ensure the flow of traffic on MT according to the following procedures: 1. Police Department shall issue uniform traffic citations for vehicles blocking lanes of travel on MT rather than parking citations; 2. Towing — roving tow trucks from contracted City vendors will be available to remove vehicles blocking lanes of travel in a timely manner unless a driver is present to Page 1101 of 1357 1 W t �AM (BEAC DATEISSUED: JANUARY 20115 Pae: Of92 2 SEQUENCE NUMBER: CITYWIDE PROCEDURE DATE UPDATED: CM.16.01 JANUARY 2016 SUBJECT: TRAFFIC FLOW MITIGATION PLAN RESPONSIBLE DEPARTMENT(S): CITY MANAGER immediately remove the vehicle. Towing requests are made by Police or Parking Departments pursuant to their policies and procedures and Florida Statutes. 3. No traffic stoppage shall be permitted by the Building Department for construction projects during Rush Hours on MT (e.g., entering/exiting of oversize vehicles, deliveries of material, etc.) 4. Active traffic flow monitoring will be conducted through a consultant contract for the installation of traffic cameras, travel time detectors, and digital message signage. These implementations will allow the consultant to conduct real-time monitoring, of traffic conditions and address any traffic deficiencies in real-time manner, including adjustment of signal timing and/or notifying Police, Parking or Code Departments, respectively. In an effort to facilitate the reporting of traffic issues citywide, the Administration has created an email address called TraffeManagement@miamibeachfl.gov that can be used internally to report traffic issues in the field to Transportation Department staff. This e-mail address will be monitored by the appropriate Transportation staff on duty each day, including weekends: and is intended to help address traffic operational issues in the City as expeditiously as possible. All operations field staff from every City department are directed to use this e-mail to report any traffic management issue, including traffic congestion due to roadway work, lane closures, and detours, malfunctioning traffic signals, vehicles blocking travel lanes, accidents, etc. Prepared Reviewed by: Director, City Page 1102 of 1357 I y Ib Dat 5: Q 0 0 )> r 0 m ATLAA17-IC C EA N RU 1A otixxO 0 )> r 0 m rJ RU 1A :flya;maN w k -- mWift MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 27, 2016 . SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH FURTHER RESTRICTIONS ON RIGHT-OF-WAY CLOSURE TIMES FOR CONSTRUCTION WORK ALONG MAJOR THOROUGHFARES. RECOMMENDATION The Administration recommends that the Mayor and City Commission accept the recommendation of the NCAC to establish further restrictions and adjustments to Right -of -Way permitted closure times for construction work in the public right-of-way. along major corridors. ANALYSIS A Citywide Procedure for Traffic Flow Mitigation was implemented in 2014 to ensure the maximization of traffic flow along major thoroughfares, especially during rush hours Monday through Friday. As per the procedure, rush hours are defined as 7:00 AM to 9:00 AM and 4:00 PM to 7:00 PM. No lane closures are permitted during these hours with the exception of emergency projects of an engineering nature. The classification of major thoroughfare shall be exclusive to the following roadways (see Attachment): • Alton Road • 5th Street • West Avenue • 16th Street • Collins Avenue • 17th Street • Indian Creek Drive • Dade Boulevard • Pine Tree Drive/La Gorce Drive • 41 st Street • Abbott Avenue/Harding Avenue • 71 st Street • Washington Avenue • 63rd Street Lane closures are typically required for work in the public right-of-way, crane installations, or Page 490 of 692 Page 1104 of 1357 private work affecting public spaces. Since the implementation of this new procedure, City staff has reviewed traffic conditions and traffic demand along major thoroughfares with the intent of measuring the effectiveness of the time restrictions. Based on the traffic patterns and traffic demand in the City, at the May 13, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, staff recommended adjustments to the rush hour times to reduce conflicts with commuter traffic. Staff recommended that the current rush hour period be extended from 7:00 AM to 10:00 AM and from 3:30 PM to 7:00 PM. In reviewing the City's current right-of-way permit policy, staff identified other potential odifications to the existing ordinance that may be warranted, including developing a more aggressive fee schedule for lane closure permits and crane installation permits for construction work blocking travel lanes along major thoroughfares during the allowable (non -rush hour) time periods. At the May 13 NCAC meeting, the Committee endorsed the concept of implementing an increased fee schedule for these types of right-of-way permits. If the NCAC recommendation is accepted by the City Commission, the Administration will immediately commence the process of amending the existing ordinance codifying the recommended times for permitted closures in the rights-of-way; and subsequently bring a separate item to the City Commission amending the existing ordinance to include a more aggressive fee schedule for lane closure permits and crane installation permits along major thoroughfares. KEY INTENDED OUTCOMES SUPPORTED_ Ensure Comprehensive Mobility Addressing All Modes Throughout The City FINANCIAL INFORMATION None Legislative Tracking Transportation ATTACHMENTS: Description ❑ Map of Major Thoroughfares ❑ Resolution Page 491 of 692 Page 1105 of 1357 ATTACHMENT NORTH SHORE NORMANDY SHORES All il, NORMANDY ISLE r -• _._.tea Y�' �.: -1 wr.L�•&iw i3 LA GORCE a{ - B1 SCAYNE BAY OCEAN FRONT NAUTILUS ' W BAYSHORE VENETI ISLANDS CITY CENTER WESTANEN_ UE ._<...., FLAMINGOILUMMUS STAR, PALM &V I •, ''' 'aa,y HIBISCUS.IStANDS 4 wu S air t —V f �y SOUTH POINT .. a6 7R�] -� Paas 49 Page110 o ORDINANCE NO. 2016-4065 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 98 OF THE MIAMI BEACH CITY CODE, ENTITLED "STREETS AND SIDEWALKS," AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEE," BY AMENDING THE FEES AND HOURS REGARDING PERMITS FOR BLOCKING OF RIGHT-OF- WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, at the May 13, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee recommended in favor of staffs recommendation for adjustments to the rush hour times during which lane closures along major thoroughfares would not be permitted; and WHEREAS, at the same meeting, the NCAC recommended in favor staff's recommendations to pursue adjustments to the Fee Schedule for lane closures along major thoroughfares; and WHEREAS, the recommendation of the NCAC for restrictions to the closure times at major thoroughfares was approved by the City Commission at its September 27, 2016 meeting, pursuant to Resolution No. 2016-29583, which authorized such amendments to the City of Miami Beach City Code and the Citywide Procedure regarding the Traffic Flow Mitigation Plan (See Exhibit A); and WHEREAS, the City Administration has worked on refinements to the existing fee structure for work along Major Thoroughfares that will help reduce traffic congestion; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Appendix A, entitled "Fee Schedule," to Chapter 98 of the Miami Beach City Code, entitled "Streets and Sidewalks," Article III, entitled "Excavations," Division 2, entitled "Permit," Section 98-92, entitled "Application; Amount of Deposit; Use of Deposit to Replace Surface; Permit Fee," is hereby amended as follows: Page 1107 of 1357 APPENDIX A- FEE SCHEDULE Page 1108 of 1357 Amount (QFdi..ance N 2_ Section this Code Description . 44L9 C#or*We Get 15,2914; Ordinance 2016 - Effective Dec. 24, 2016) 98-92 (c) (1) Street Excavation Permit Blocking of right-of-way ( y) Note: For aFteFW Fead Manor Thoroughfares, full day permit is defined as s+x (17) #mss five hours and thirty minutes between 10:00 a.m. and 3:30 p.m. pursuant to Resolution No. 2016-29583 Cranes Standard review (full day permit) F7 I • Local road 320.43 • Collector road 427.24 • AFtefaal Fead-Manor Thoroughfares 534.05 1000.00 Priority review (same day permit review) • Local road 384.51 • Collector road 512.27 • AFteFial-Fead Malor Thoroughfares 649.96 1000.00 Consecutive multi -day additional fee (per day) 54.96 For Local and Collector Roads Consecutive multi -day additional fee (per day) 1000.00 For Manor Thoroughfares Page 1108 of 1357 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the city of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. Page 1109 of 1357 Partial day permit (4 hours or less) • Local road 159.69 • Collector road 213.62 Blocking right-of-way (all others) for Local and Collector Roads: The greater of $0.25 per L.F. per day or $0.03 per S.F. per day) Blocking right-of-way (all others) for Maior Thoroughfares: The greater of $2.50 per L.F. per day or $0.30 per S.F. per day) SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the city of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. Page 1109 of 1357 PASSED AND ADOPTED this H day of DLeum be/ , 2016. ATTEST: Rafael E. Granado, City Clerk Underline denotes additions StFikethFeuo denotes deletions (Sponsored by Commissioner John Elizabeth Aleman) ayor APPROVED AS TO FORM & LANGUAGE & FOR EX UTION City Attomey -Date T:\AGENDA\2016\October\Transportation\Ordinance on ROW Fees\Ordinance Ammending Appendix A (Permit Fees) Section 98-92(c)(17) RESO.doc Page 1110 of 1357 • 0 :l :441 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 14, 2016 10:25 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 98 OF THE MIAMI BEACH CITY CODE, ENTITLED "STREETS AND SIDEWALKS," AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEE," BY AMENDING THE FEES AND HOURS REGARDING PERMITS FOR BLOCKING OF RIGHT-OF-WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,ANDAN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the amendment to the attached Ordinance on Second Reading. ANALYSIS In February 2016, the City hosted a Commission Workshop on Traffic Management to discuss various initiatives to manage traffic congestion and improve mobility in the City. One of the initiatives identified at the workshop was the implementation of further restrictions to public right-of-way closure times and adjustments to the permit fees for lane closures along major corridors. In January 2015, the Citywide Procedure for Traffic Flow Mitigation was implemented to ensure the maximization of traffic flow along major thoroughfares, especially during rush hours Monday through Friday. As per the procedure, weekday rush hours are defined as 7:00 AM to 9:00 AM and 4:00 PM to 7:00 PM. No lane closures are permitted during these hours with the exception of emergency projects of an engineering nature. Based on the characteristics of traffic ,circulation in the City, at the May 13, 2016 Neighborhood/Community Affair Committee (NCAC) meeting, staff recommended adjustments to the rush hour times to reduce conflicts with commuter traffic. The Committee approved staff's recommendation to further extend restrictions for closure of public right-of-way along major thoroughfares from 7:00 AM to 10:00 AM and from 3:30 PM to 7:00 PM and to increase fees for lane closures along major thoroughfares. The classification of major thoroughfare shall be exclusive to the following roadways pursuant to the Citywide Procedure for Traffic Flow Mitigation: • Alton Road • 5th Street • West Avenue • 16th Street • Collins Avenue Page 594 of 1191 Page 1111 of 1357 • 17th Street • Indian Creek • Dade Boulevard • Pine Tree/La Gorce Drive • 41st Street ® Abbott Avenue/Harding Avenue ® 71st Street • Washington Avenue • 63rd Street The recommendation of the NCAC for further restrictions to the closure times along major thoroughfares was approved by Resolution of the City Commission at its September 27, 2016 meeting. The current fee schedule (Appendix A of Section 98-92 of City Code) provides no incentive for contractors to identify creative constructability solutions or accelerate schedules to create less disruption on traffic. Based on this review, at the May 13, 2016 NCAC meeting, staff recommended that. an increase to the existing fee schedule for closures along major thoroughfares be considered. The NCAC approved staff's recommendation for a more aggressive fee schedule. The advantage of increasing the fee schedule for closures along major thoroughfares is that it will motivate contractors to conduct more work from the minor streets when feasible or work at night. Work requiring lane closures related to City Projects during the prohibited hours would be subject to City Commission approval. All emergency utifity work requiring lane closures, by the City or utility companies, shall be reviewed and approved by the City's Public Works Director. Currently, the State of Florida exempts utility franchises from any permitting fees. As such, utility companies shall be exempted from any City Right -of -Way fees; however, these companies will have to comply with the restricted hours of work unless emergency work is approved by the City. Additionally, Florida Department of Transportation (FDOT) is exempt from any City Right -of -Way permit fees for any work on roadways under its jurisdiction. Further, FDOT is not required to comply with the City's established lane closure restriction hours; however, the City and FDOT have been working collaboratively to minimize any roadwork requiring lane closures along major thoroughfares during the restricted times approved by the City Commission. Staff proposes that the existing fee schedules be changed as reflected in the following table: 92(c) (1) Street excavation permit: 50 lineal feet or less $362.95 Each additional lineal foot $3.05 (2) Sidewalk repair permit: 50 lineal feet or less $298.65 Each additional lineal foot $3.05 (3) Sidewalk construction permit: 50 lineal feet or less $298.65 Each additional lineal foot $3.05 (4) Paving or resurfacing of parkway or shoulder area permit: 25 lineal feet or less $298.65 Each additional lineal foot $6.48 (5) Landscaping, per tree $103.70 (6) Landscaping, bedding $103.70 (7) Building line and grade survey permit: r r. , .1 . 1 A- - Page 1811 �fof1 1g357 su iineai Teet or less :>JbL.yb Each additional lineal foot $7.25 (8) Driveway construction permit, each driveway $129.62 (9) Flume excavation permit, each excavation $298.65 (10) Utility placement permit, poles, splice pits, manholes, hand holes, catch basins, $298.65 pedestals, vaults and auger holes Plus, for each additional, per block on same permit $14.51 Underground utility service connection right-of-way excavation permit, each (11) water, gas, electric, telephone, cable, television or sanitary sewer connection from $298.65 base building line to the utility located within the public right-of-way (12) Groundwater monitoring wells, each well $298.65 (13) Permit renewal fee: 90 -day extension of permit fee expiration date $129.62 After -the -fact permit fee. For any work described in (1) through (12), (16) and (14) (17) herein, performed without proper permits and inspections, quadruple the fees Reinspection fees. When additional inspection is required for work previously (15) inspected and rejected by the department of, public works, a reinspection fee will $114.07 be required, for each reinspection (16) Dewatering permit fee $362.95 Blocking of right-of-ways (17) Note: For arterial f eadwaysmaior thoroughfaresfull day permit is defined as s4* HeafS five hours and thirty minutes between 10:00 a.m. and 3:30 p.m. Cranes Standard review (full day permit) • Local road $320.43 • Collector road $427.24 • mood Major Thoroughfares5 A. nnn , Priority review (same day permit review) • Local road $384.51 • Collector road $512:27 • "moo -Major Thoroughfares S1,000.00 Consecutive multi -day additional fee (per day) For Local and Collector Roads $54.96 Consecutive multi -day additional fee (per day) For Maior Thoroughfares $1,000.00 Partial day permit (4 hours or less) • Local road $159.69 • Collector road $213.62 Blocking right-of-way (all others) for Local and Collector Roads: The greater of $0.25 per L. F. per day or $0.03 per S.F. per day) Blocking right-of-way (all others) for Major Thoroughfares: The greater of $2.50 per L.F. per day or $0.30 per S. F. per day) (18) Revocable permit Page 596 of 1191 Page 1113 of 1357 Application fee, involving city property Mailing fee, per address within 375 feet (19) Coastal review (20) Sewer capacity certification letter application $4,148.00 $0.51 $918.78 $155.55 Staff performed a high-level analysis of the potential effects of the proposed adjustments to current Right -of -Way closure fees based on historical permit data. Based on this research, it was found that 85% of all crane permits are two (2) days or less in duration while the 85th percentile duration of all other right-of-way permits is approximately 24 days. Under the current fee structure, a typical 2 -day closure of a single travel lane for a length of 100' along a major thoroughfare for crane installation/operation would cost $624.96 for both days. Under the proposed ordinance, the cost for the same closure would be $1,610 per day (for total cost of $3,220 for a typical 2 -day crane permit). Similarly, under the existing fee structure, a typical 24 -day closure of a lane on a major thoroughfare would have a cost of $36 per day (for a total cost of $864 for a typical 24 -day lane closure permit). Under the proposed Ordinance, the cost for the same lane closure would be $360 per day (for a total cost of $8,640 for a typical 24 -day lane closure permit). The table below provides a cost comparison between the amounts that an applicant would have to pay for a typical 2 -day crane permit and typical 24 -day lane closure permit, respectively, under the current fee structure as compared to the proposed fee structure. It is worth noting that under the current fee structure, for a typical 2 -day crane permit, the additional cost per day is $54.96. Page 597 of 1191 Page 1114 of 1357 Current Fee Current Total Fee Proposed Fee Proposed Total Fee ($/day) ($) ($/day) ($) Crane Permit $570/day $624.96 for 2 -days $1,610/day $3,220 for 2 -days Lane Closure $36/day $864 for 24 -days $360/day $8,640 for 24 -days Permit Page 597 of 1191 Page 1114 of 1357 KEY INTENDED OUTCOMES SUPPORTED Ensure Comprehensive Mobility Addressing All Modes Throughout The City FINANCIAL INFORMATION The proposed Ordinance Amendment is not anticipated to have a financial impact and can be enforced through existing resources. Legislative Tracking Transportation Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description D Ordinance Page 598 of 1191 Page 1115 of 1357