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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