Legislative Matter

Miami-Dade Legislative Item
File Number: 131190

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Clerk's Official Copy

File Number: 131190

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-570-13

Control: Board of County Commissioners

File Name: RESOLUTION APPROVING TRANSFER OF MARIPOSA COURT

Introduced: 6/5/2013

Requester: Public Works & Waste Management

Cost:

Final Action: 7/2/2013

Agenda Date: 7/2/2013

Agenda Item Number: 8L48

Notes:

Title:

RESOLUTION ACCEPTING TRANSFER OF MARIPOSA COURT ONTO THE MIAMI-DADE COUNTY SYSTEM OF ROADS; APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF CORAL GABLES FOR TRANSFER OF MARIPOSA COURT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE SAID AGREEMENT; AND RESCINDING RESOLUTION R-38-08

Indexes:

INTERLOCAL AGREEMENT

Sponsors:	Xavier L. Suarez, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Lynda Bell, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	7/2/2013	8L48	Adopted				P
REPORT:	Commissioner Suarez introduced Ms. Donna Shalala, President, University of Miami. Ms. Shalala noted that this was an opportunity come together to save lives by committing to a pedestrian bridge over one of the most dangerous intersections in the community. She noted the construction of this bridge had been one of the single most important issues during her entire year at the University. She pointed out that over the past 24 years the intersection at US-1 and Mariposa Court had been the scene of many critical injuries and tragic loss of life; Ms. Shalala noted how difficult it was to inform parents about accidents involving students. In an effort to greatly improve the safety of the community, Ms. Shalala urged the Board to approve the foregoing proposed resolution. Commissioner Suarez expressed appreciation to Ms. Shalala and made a motion to approve the foregoing proposed resolution.

Land Use & Development Committee	6/13/2013	3F	Forwarded to BCC with a favorable recommendation				P
REPORT:	Commissioner Suarez requested a Point of Order relating to his prior motion to defer this item. He noted Deputy Mayor Alina Hudak was requesting that the foregoing proposed resolution not be deferred. It was moved by Commissioner Bell that the motion to defer be reconsidered. This motion was seconded by Commissioner Suarez, and upon being put to a vote, passed by a vote of 5-0. Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. Commissioner Suarez reiterated that he was visited by the affected property owners who had expressed concern regarding the construction and location of the proposed pedestrian overpass. He noted, however, if the County Administration needed the Committee to proceed with this proposal and it was not definite that the overpass would be located exactly on Mariposa Court, versus an alternate location, then the Committee could proceed with this resolution. Deputy Mayor Alina Hudak said this was one step in a long process to begin building a pedestrian overpass that would cross U.S.1 from the University of Miami (UM) side of U.S.1 to the east side of U.S.1. She noted this was a critical step as it involved the transfer of the property where the overpass would land. Deputy Mayor Hudak advised that considerable time was spent working with the shopping center owners who were unwilling to allow the County to purchase property and this was the alternative solution. She noted the Administration had worked closely with UM and the City of Coral Gables, and it was her understanding that this was approved by the City. Deputy Mayor Hudak said the Administration would be happy to meet with all concerned parties, and requested that this proposed resolution be considered today to prevent it from being delayed during the summer recess. Commissioner Suarez said that Attorney Simon Ferro had suggested a slightly different location closer to an administration building on one side of U.S. 1. He noted he would support this proposal if it did not impede Mr. Ferro’s suggestion for an alternate site. Deputy Mayor Hudak said this was the first time she was informed of an alternate site, and the Administration would be happy to meet with Mr. Ferro regarding his suggestion. She noted this proposal was the recommended solution from the Administration’s perspective and they had worked closely with the City of Coral Gables to arrive at this solution. Deputy Mayor Hudak indicated that this location had been the site of fatalities and the County Commission had requested this overpass be built. She noted the Administration had worked hard to acquire grants and the proposed project was fully funded. Chairman Diaz noted he supported this proposed resolution as he believed it would ensure the safety of people trying to cross a busy intersection. Ms. Sarah Artecona, representing UM, 1320 South Dixie Highway, appeared in support of this proposed resolution. She noted a number of fatalities had occurred at the U.S. 1 intersection, including a Ponce de Leon Middle School student. Ms. Artecona said the Riviera Home Owners Association was supportive of this proposal. She noted the support of UM President Donna Shalala who was unable to address the Committee today due to a previous commitment. Ms. Artecona introduced Ms. Alexandria San Roman, representing the Executive Council, UM Student Government. Ms. Alexandria San Roman, 1462 Siena Avenue, Coral Gables, representing UM Student Government, appeared in support of the foregoing proposed resolution. She expressed appreciation to the Committee members for this proposal, and particularly to Commissioner Suarez for sponsoring this item. Ms. San Roman said that UM Student Government would continue to work with UM, the City of Coral Gables, and Miami-Dade County to make this proposed pedestrian overpass a reality. She noted since 1989 eight students had been killed or seriously injured crossing the U.S. 1 intersection, and over 3,000 signed petitions had been collected in support of this proposed overpass. Ms. San Roman said the overpass would be beneficial to UM students, UM affiliates, Ponce de Leon Middle School students and Metrorail riders. Commissioner Suarez said he was thanked for sponsoring an item that he had intended to vote against. He noted, however, given the assurances the Committee received from the Administration that this did not exclude other solutions and in order to prevent delaying the process, he would vote in support of this proposed resolution. Commissioner Suarez said he was hopeful that with the Administration’s willingness to meet with the property owners represented by Mr. Ferro, other alternatives would be considered. Commissioner Diaz requested that any potential issues be resolved before this item was presented to the County Commission. Deputy Mayor Hudak advised that federal funds were tied to this project and would be lost if the project was delayed. Commissioner Jordan asked whether the current design of the proposed overpass was a compromise in order to ensure that the County was able to proceed with the project; and would this alternative solution still address the safety issues. Deputy Mayor Hudak said that the design took the overpass outside the Shopping Center, noting this particular item allowed the pedestrian overpass to land immediately adjacent to the Shopping Center. Chairman Diaz inquired and Deputy Mayor Hudak confirmed that all safety concerns were addressed by this alternative solution.

Office of the Chairperson	6/12/2013		Additions

County Attorney	6/6/2013		Assigned	Debra Herman		6/6/2013

County Mayor	6/5/2013		Assigned	Alina Tejeda-Hudak		6/5/2013

County Mayor	6/5/2013		Assigned	County Attorney	7/2/2013
REPORT:	PWWM - Debra Herman assisted - Comm. Suarez Sponsor - pending cmte assignment - Attachment: Interlocal Agreement

Legislative Text

TITLE
RESOLUTION ACCEPTING TRANSFER OF MARIPOSA COURT ONTO THE MIAMI-DADE COUNTY SYSTEM OF ROADS; APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF CORAL GABLES FOR TRANSFER OF MARIPOSA COURT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAID AGREEMENT; AND RESCINDING RESOLUTION R-38-08

BODY
WHEREAS, Mariposa Court is a local road now belonging to the City of Coral Gables, extending from South Dixie Highway to Mariposa Avenue located in Section 30, Township 54 South; Range 41 East within the corporate limits of the City of Coral Gables; and
WHEREAS, this Board finds that the construction of a pedestrian overpass connecting the University of Miami Metrorail Station to commercial and residential areas on the opposite side of South Dixie Highway is necessary for public safety; and
WHEREAS, the Miami-Dade County plans include certain modifications to Mariposa Court for the purpose of accommodating the construction and maintenance of the landing for the pedestrian overpass within the right-of-way of said Mariposa Court; and
WHEREAS, the City of Coral Gables and Miami-Dade County agree that, because of said modifications by Miami-Dade County, Mariposa Court should be transferred from the Coral Gables system of roads onto the Miami-Dade County system of roads; and
WHEREAS, pursuant to Sec. 335.0415 Florida Statutes, public roads may be transferred between jurisdictions only by mutual agreement of the affected governmental entities; and
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Incorporates the foregoing recitals as a part of this resolution.
Section 2. Authorizes and accepts from the City of Coral Gables a transfer by deed of Mariposa Court between the Southeasterly right of way line of South Dixie Highway (U.S. 1) and the Northwesterly right-of-way line of Mariposa Avenue as depicted on the sketch, attached hereto as Exhibit �B� and made a part hereof.
Section 3. Authorizes the Interlocal Agreement for Transfer of Jurisdiction of Mariposa Court attached hereto as Exhibit �A� and made a part hereof.
Section 4. Authorizes the County Mayor or County Mayor�s designee to execute said agreement on behalf of this Board and to affix thereto the official seal of Miami-Dade County.
Section 5. Directs the County Mayor or County Mayor�s designee, pursuant to Resolution No. R-974-09, to record the transfer deed accepted herein among the Public Records of Miami-Dade County and to provide a copy of said instrument to the Clerk of the Board within thirty (30) days of execution of said instrument.
Section 6. Directs the Clerk of the Board to attach and permanently store a recorded copy of said transfer deed together with this resolution.
Section 7. Rescinds Resolution R-38-08 eliminating the acquisition of Parcels 100 and 100-TCE.

HEADER
Date:

To: Honorable Chairwomen Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Accepting Transfer of Mariposa Court onto the Miami-Dade County System of Roads;
Approving an Interlocal Agreement with the City of Coral Gables for Transfer of Mariposa Court;
and Authorizing the County Mayor or County Mayor�s Designee to Execute said Agreement; and
Rescinding Resolution R-38-08

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution approving the Inter-local Agreement (Agreement) for the transfer of jurisdiction of Mariposa Court, beginning from the Southeast right-of-way line of SR 5/US-1 (South Dixie Highway) and terminating at the Northwest right-of-way line of Mariposa Avenue, by and between the City of Coral Gables (City) and Miami-Dade County (County) in conjunction with the Pedestrian/Bicycle Overpass Project at the University Metrorail Station located at the intersection of South Dixie Highway and Mariposa Court and authorizing the County Mayor or the County Mayor�s designee to take all appropriate actions to enter into this Agreement for and on behalf of Miami-Dade County and to accept a deed of transfer from the City; and rescinding Resolution R-38-08 eliminating the acquisition of Parcels 100 and 100-TCE.

Scope
Mariposa Court, from South Dixie Highway to Mariposa Avenue, is located in Commissioner Xavier L. Suarez�s District 7. The transfer of this roadway to the County is needed for the pedestrian/bicycle overpass project at the University Metrorail Station. The project benefits are Countywide.

Fiscal Impact/Funding Source
The transfer of this road will increase the Public Works and Waste Management Department�s (PWWM) roadway maintenance budget by approximately $328.05 annually, and will be funded through PWWM�s General Fund allocation.�

Track Record/Monitor
PWWM is the entity overseeing this item and the person responsible is Mr. Wayne Sutton, PSM, Section Head, Right-of-Way Engineering Section.

MANAGER'S BACKGROUND
Background
The proposed pedestrian bridge is planned to be built within the Mariposa Court right-of-way just east of its intersection with South Dixie Highway. The overpass is needed to increase safety at this location, including the safe movement of pedestrians across South Dixie Highway.

Since the proposed overpass falls within the City�s limits, Miami-Dade County Transit (MDT) sought the support of the City for the project. The City Commission, at their August 22, 2006 meeting, passed and approved Resolution No. 2006-153 supporting the long-term goals of the project. The pedestrian overpass will connect the University Metrorail Station to the east side of South Dixie Highway at Mariposa Court. The overpass will consist of the bridge span, two (2) towers, elevators, and stairs. Mariposa Court will need to be reconfigured to accommodate the east tower within its right-of-way by reducing its entrance onto South Dixie Highway from three (3) lanes, down to two (2) standard width lanes. These modifications eliminate the need for the County to acquire parcels 100 and 100-TCE as previously authorized under Resolution R-38-08.

Mariposa Court is less than 600 feet in length (beginning from South Dixie Highway and terminating at Mariposa Avenue) and is currently under the City�s road system as a secondary roadway. This Agreement provides for the County to accept all legal rights, responsibilities and obligations with respect to Mariposa Court, including but not limited to, the operation and maintenance of the facility. Additionally, the County will accept full permitting and regulatory responsibility with regard to all existing utilities presently located within Mariposa Court, and existing permits will be transferred to the County upon recording of the Resolution of Transfer. On May 28, 2013 the City Commission adopted Resolution No. 2013-90 authorizing execution of the Interlocal Agreement and the execution of a City Quit Claim Deed transferring Mariposa Court to the County. Said road will be added to PWWM�s road system.

____________________________
Alina T. Hudak
Deputy Mayor