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