20160608 SM2MIAMIBEACH
City Commission Meeting
SUPPLEM ENTAL MATERIAL 2
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
June 8, 2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsJ1 An Ordinance Amending Miami Beach City Code Chapter2, Article Vll, Division 3 Entitled "Lobbyists",
Section 2-a82@)@) Thereof, By Requiring A Lobbyist Who Has Within The Past Election Cycle
Provided Campaign Consulting Services To An lncumbent Member Of The City Commission To
Disclose Such Particular Service On His/Her Lobbyist Registration Form, Providing Definitions,
Providing For Repealer, Severability, Codification, And An Effective Date.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(Correction Memorandum)
1
Supplemental 2, June 8, 2016
R7 - Resolution
R7D A Resolution Pursuant To Section 82-37 , Of The City Code, Approving On First Reading, And Further
Setting A Second Reading/Public Hearing To Obtain Citizen lnput On, The Vacation Of 2,000 Square
Feet Within The Alley Known As Alton Court (Hereinafter The "Alley"); Said Vacation ln Favor Of The
Adjacent Property Owners, 1681 West Ventures, LLC And 1698 Alton Road Ventures, LLC
(Collectively The "Developer"); Waiving By 5/7th Vote, The Competitive Bidding Requirement,
Pursuant To Sections 82-39(a), Of The City Code, Finding That The Public lnterest Would Be Served
By Waiving Such Condition; And Further Conditioning The Vacation Of The Alley On: (1) The
lssuance By The City Of Two Quit Claim Deeds; (2) The Granting Of An Access And Use Easement
By The Developer To The City; And (3) The Final Approval And Execution Of A Development
Agreement Between The City And The Developer; And Further Referring This ltem To The Finance
And Citywide Projects Committee, As Required By Section 82-37(a)(1), Of The City Code. First
Reading
(Public Works)
(Memorandum & Resolution)
R7F A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And
Approving A Term Sheet, Attached Hereto As Exhibit 1, For The Development Of A "Green Alley" At
Espafrola Way EasUl4th Place And Ocean Court; And Authorizing The Administration And City
Attorney To Negotiate A Development Agreement Based Upon The Approval Of The Term Sheet.
(Public Works)
(Memorandum & Resolution)
R7U A Resolution As lt Pertains To The City Construction Project Referred To As The "lndian Creek
Drive/State Road (SR) A1A, 26 Street fo 41 Street - Flooding Mitigation Project" [Hereinafter
"Project"l, And, With Respect To The Project, Accepting The Findings And Recommendation Of The
City Manager Certifying A Valid Public Emergency Pursuant To Subsections 287.055(3)(a)(1) And
(9)(c)(6), Florida Statutes; And, As Permitted Pursuant To Subsection 2-367(e) Of The City Code,
Waiving, By 5l7th Vote, The Competitive Bidding Requirement Relating To This Procurement, Finding
Such Waiver To Be ln The Best lnterest Of The City, And Authorizing The City Manager To Negotiate
A Professional Services Agreement With Ribbeck Engineering, ln An Amount Not To Exceed
$407,851 , For The Preparation Of A Design Criteria Package (DCP) And Conceptual Plans Which
Complies With The Specifications Set Forth Under Section 287.055(2)(j), Florida Statutes.
(Public Works)
(Revised Memorandum & Resolution)
2
City of f,liomi Beqch, l700 Convention Cenler Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
CITY ATTORNET ' VA
JUNE 8, 2016
CORRECTION TO AGENDA ITEMS R5J/R5J1
Agenda ltem RsJ, entitled, 'AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF M]AMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5, ENTITLED 'CAMPAIGN FINANCE
REFORM," BY ADDING THERETO SECTION 2-491 ENTITLED "PROHIBITED
LOBBYING BY CAMPAIGN CONSULTANTS,' PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM
LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF
SUBJECT ELECTED OFFICIAL(S), ESTABLTSHTNG DEFtNtTtONS, AND LtMtTED
EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE," should not be before the City Commission, for consideration on First
Reading.
It should be replaced by Agenda ltem R5J1 entitled, "AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 3
ENTTTLED 'LOBBY|STS',, SECTION 2-482( )(4) THEREOF, By REQU|R|NG A
LOBBYIST WHO HAS WITHIN THE PAST ELECTION CYCLE PROVIDED CAMPAIGN
CONSULTING SERVICES TO AN INCUMBENT MEMBER OF THE CITY COMMISSION
TO DISCLOSE SUCH PARTICULAR SERVICE ON HIS/HER LOBBYIST REGISTRATION
FORM, PROVIDING DEFINITIONS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.'
At its meeting on April2T , 2016, the City Commission deferred the Ordinance in ltem
RSJ, and instead directed the City Attorney to come back with an alternate version of the
Ordinance, for First Reading on June 8, 2016. That alternate version, and the only
Ordinance that should be before the City Commission on June 8, 2016 for First
Reading, is contained in Agenda ltem R5J1.
Therefore, please revise the Agenda to delete Agenda ltem R5J; the only Ordinance
that should be before the City Commission is the one in Agenda ltem RJ51.
RJA:mmm
3
&
-OFFICE
MIAMIBEACH
OF THE CITY ATTORNEY
R.AUL J. AGUI[4, CITY ATTORNEY
TO:MAYOR PHILIP LEYINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
COMMISSION
MEMORANDUM
FROM: RAUL.l. actryffiJ- 0s,{--
CITY ATTORNEY
DATE: JUNE 8,2016
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ARTICLE VII, DMSION 3 ENTITLED ,,LOBBYISTS", SECTION 2-a82@)(4) THEREOF, BY
REQUIRING A LOBBYIST WHO WHO HAS WITHIN THE PAST ELECTION CYCLE
PROVIDED CAMPAIGN CONSULTING SERYICES TO AN INCU}IBENT MEMBER OF THE
CITY COMMISSION TO DISCLOSE SUCH PARTICULAR SERVICE ON HISIHER LOBBYIST
REGISTRATION FORM, PROVIDING DEFINITIONS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached ordinance has been drafted
for the purpose of amending the City's ethics code to require lobbyists who have within the past election
cycle provided campaign consulting services to an incumbent member of the City Commission to disclose
such particular service on his/her lobbyist registration form. Although existing City Code section 2-
482(4) requires lobbyists to disclose in their registration "...the general nature..." of contractual
relationships held with City personnel to be lobbied, this proposed measure will ensure greater
transparency by requiring lobbyists to additionally provide specific disclosure of their contractual
provision of campaign consulting services to incumbent members of the City Commission.
Inasmuch as the United States Supreme Court has acknowledged that: "The activities of lobbyists who
have direct access to elected representatives, if undisclosed, f,&y well present the appearance of
comrption",l it is believed that this legislation supports the City's govemmental interest in serving to
enhance public confidence in the electoral and municipal processes of the City of Miami Beach.
I See lulclntyre v. Ohio Elections Comm'n,514 U.S. 334, 356 n. 20,115 S.Ct. 1511, 1523 n. 20 (1995).
\y'/ecrecomrn,lteiioprovidingexceiientpublicse,wceondsolelyloci! vihciive v,,ork cnci plcyinc,Lrvibrcni lroptcci
7
hislo,i. .^^^,.^,, '
Agenda ltem
Date
Rs5 I-6-7:rb4
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE YII, DIVISION 3 ENTITLED*LOBBYISTS", SECTION 2-a82@)@) THEREOF, By
REQUIRING A LOBBYIST WHO WHO HAS WITHIN THE
PAST ELECTION CYCLE PRO\'IDED CAMPAIGN
CONSULTING SERVICBS TO AN INCUMBENT MEMBER
OF THE CITY COMMISSION TO DISCLOSE SUCH
PARTICULAR SERYICE ON HIS/IIER LOBBYIST
REGISTRATION FORM, PROVIDING DEFINITIONS,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION l. That Miami Beach City Code Chapter 2, Article VII, Division 3 entitled
"Lobbyists", section 2-482 (aX4) thereof, is hereby amended to read as follows:
Sec. 2-482. - Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the clerk, pay a registration
fee of 5350.00, as specified in appendix A and state under oath:
(4) The commissioner or personnel sought to be lobbied, and whether the lobbyist has entered
into any contractual relationship (paid or unpaid) with said city commissioner or personnel from
l2 months preceding such person's commencement of service with the city to the present date,
stating the general nature of the subject contractual relationship.
i) A lobbyist who who has within the past election cycle Eovided campaign consulting
services to an incumbent member of the City Commission shall disclose such particular service
on his/trer lobbyist registration form.
'Ne orc cammilled to orcviCing excellent public sertice ond safety rc cil who live ,*o,k anci picy n cur vibroni
B
!tcOiCcl hislotic ccmmunily
5
ii) For purposes of subsection (i) above. the following definitions shall apply:
o "Past election cycle" means the immediately precedinq City of Miami Beach
Election held for the purpose of electing a member of the Cit), Commission.
. "Campaign consulting services" means primary responsibility for campaign
management or campaign strateqy.
. "Campaign manaqement" means conducting. coordinating or supervising a
campaiqn to elect a candidate.
r "Campaign strategy" means formulation of plans for the election of a candidate.
r "Candidate" shall have the meaning ascribed to such term in Florida Statutes.
section 97.021(5). as amended and supplemented.
{.
SECTION 2. REPEALER.
A11 ordinances or parts of ordinances
repealed.
in conflict herewith be and the same are herebv
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered 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 the
PASSED and ADOPTED this
ATTEST:
day of 24rc.
day of 20t6.
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez.)
APPROVED AS TO
FORM & LANGUAGE
& FOR E)(ECUTION
g
€&-e"!,
City AttomeY
Ne arc canmlleci io cto,.,'ding exceibnl pubilc service cnd so{ety lo ali who iive wor< cnd aicv in o,ir vrbrani trcp:cai h'sloric camtr,utit/
6
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Pursuant To Section 82-37 O'f The City
Code, Approve On First Reading, And Further Setting A Second Reading/Public Hearing To Obtain Citizen lnput On, The Vacation
Of 2,000 Square Feet Within The Alley Known As Alton Court (Hereinafter The "Alley); Said Vacation ln Favor Of The Adjacent
PropertyOwners, l68lWestVentures,LLCAndl698AltonRoadVentures,LLC(CollectivelyThe"Develope/');WaivingBy5/7th
Vote, The Competitive Bidding Requirement, Pursuant To Sections 82-39(A) Of The City Code, Finding That The Public lnterest
Would Be Served By Waiving Such Condition; And Further Conditioning The Vacation Of The Alley On: (1) The lssuance By The
City Of Two Quit Claim Deeds; (2) The Granting Of An Access And Use Easement By The Developer To The City; And (3) The
Final Approval And Execution Of A Development Agreement Between The City And The Developer; And Further Referring This
Item To The Finance And Cit Committee, As Required By Section 82-37(AX1) Of The City Code.
&!@F
Item Summary/Recommendation :
Source of
Funds:
OBPI
Financial !m Summa
Glerk's Office lative Tracki
T:\AGENDA\201 Works\17th street alton ct -
Agenda ltem
Date
The City holds a right-of-way dedication to a 20 foot wide public right-of-way alley known as Alton Court (hereinafter referred to as
the "Allily"), running parallei and between Alton Road and West Avenue, 6etween 17th Street and Lincoln Road.
1681 West Ventures, LLC owns the property to the west of, and adjacent to, the City's Alley along the first 150 feet of the Alley
closest to 17"' Street. 1698 Alton Road Ventures, LLC owns the property to the east of, and adjacent to, the Alley, along the first
100 feet of the Alley closest to 17th Street. 1681 West Ventures,'LLi and 1698 Alton Road Ventures, LLC,-have the same
principals, and shall be collectively referred to herein as the "Developer".
As part of the Project, the Developer seeks to have the City vacate the north 100 feet of the Alley, located between Developer's
parcels, for the 20 foot width of the Alley (which limited area shall be referred to as the "City Parcel"), for a total of 2,000 square
feet, with the remainder of the Alley not being vacated. The Developer has requested that the City vacate the City Parcel in order
to incorporate the City Parcel, including, without limitation, the Floor Area Ratio (FAR) attributable to the City Parcel, into the
Project; provided, however, no habitable structures, parking areas, or amenities shall be placed within the City Parcel, as the
vacated area shall be used solely for "bridge" purposes to link the Developer's parcels.
The Developer is seeking to develop a mixed-use project with residential and retail and structured parking, consistent with the CD-2
zoning regulations (hereinafter, the "Project"). The Developer executed a Hold Harmless with the City in order to proceed to the
Planning Board and Design Review Board, in orderto obtain design review approval of the mixed-use project, with retail, a parking
structure and residential units above, with a bridge over the Alley. The City Commission authorized the Developer to proceed with
the Project reviews, once the Hold Harmless was executed, with the understanding that the Developer would have no vested right
or recourse against the City should the City Commission decide not to vacate the Alley, or should negotiations regarding the
vacation of the Alley fail.
During negotiations, the Developer has proffered a voluntary contribution, both monetary (with the amount to be determined by the
City and Developer) and in in-kind services to the City; which voluntarily contribution will be used for a public purpose and which
funds would also reduce the City's costs, and improve the community's overall quality life.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
Financia! lnformation :
Eric Public Works X6012
AAIAAAIBEACH 7
MIAMIBEACH
Ciry of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
N MEMORANDUM
TO:Mayor Philip Levine and Members of City mission
FROM: Jimmy L. Morales, City Manager
DATE: June 8, 2016
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82.37 OF THE CIry CODE,
APPROVE ON FIRST READING, AND FURTHER SETTING A SECOND
READING/PUBLIC HEARING TO OBTAIN CITIZEN INPUT ON, THE VACATION OF
2,OOO SQUARE FEET WITHIN THE ALLEY KNOWN AS ALTON COURT
(HEREINAFTER THE "ALLEY); SAID VACATION lN FAVOR OF THE ADJACENT
PROPERTY OWNERS, 1681 WEST VENTURES, LLC AND 1698 ALTON ROAD
VENTURES, LLC (COLLECTIVELY THE "DEVELOPER"); WAIVING BY 5/7TH
VOTE, THE COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTIONS
82-39(a) OF THE clTY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE
SERVED BY WAIVING SUCH CONDITION; AND FURTHER CONDITIONING THE
VACATION OF THE ALLEY ON: (1) THE ISSUANCE BY THE CITY OF TWO QUIT
CLAIM DEEDS; (2) THE GRANTING OF AN AGCESS AND USE EASEMENT BY
THE DEVELOPER TO THE CITY; AND (3} THE FINAL APPROVAL AND
EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE
DEVELOPER; AND FURTHER REFERRING THIS ITEM TO THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE, AS REQUIRED BY SECTION 82-37(a)(1) OF
THE CITY CODE.
BACKGROUND
The City holds a right-of-way dedication to a 20 foot wide public right-of-way alley known as
Alton Court (hereinafter referred to as the "Alley"), running parallel and between Alton Road and
West Avenue, between 17th Street and Lincoln Road.
1681 West Ventures, LLC owns the property to the west of, and adjacent to, the City's Alley
along the first 150 feet of the Alley closest to 17th Street. 1698 Alton Road Ventures, LLC owns
the property to the east of, and adjacent to, the Alley, along the first 100 feet of the Alley closest
to 17th Street. 1681 West Ventures, LLC and 1698 Alton Road Ventures, LLC, have the same
principals, and shall be collectively referred to herein as the "Developer".
As part of the Project, the Developer seeks to have the City vacate the north 100 feet of the
Alley, located between Developer's parcels, for the 20 foot width of the Alley (which limited area
shall be referred to as the "City Parcel"), for a total of 2,000 square feet, with the remainder of
the Alley not being vacated. The Developer has requested that the City vacate the City Parcel
in order to incorporate the City Parcel, including, without limitation, the Floor Area Ratio (FAR)
attributable to the City Parcel, into the Project; provided, however, no habitable structures,
COMMISS
8
Page2
parking areas, or amenities shall be placed within the City Parcel, as the vacated area shall be
used solely for "bridge" purposes to link the Developer's parcels.
The Developer is seeking to develop a mixed-use project with residential and retail and
structured parking, consistent with the CD-2 zoning regulations (hereinafter, the "Project"). The
Developer executed a Hold Harmless with the City in order to proceed to the Planning Board
and Design Review Board, in order to obtain design review approval of the mixed-use project,
with retail, a parking structure and residential units above, with a bridge over the Alley. The City
Commission authorized the Developer to proceed with the Project reviews, once the Hold
Harmless was executed, with the understanding that the Developer would have no vested right
or recourse against the City should the City Commission decide not to vacate the Alley, or
should negotiations regarding the vacation of the Alley fail.
During negotiations, the Developer has proffered a voluntary contribution, both monetary (with
the amount to be determined by the City and Developer) and in in-kind services to the City;
which voluntarily contribution will be used for a public purpose and which funds would also
reduce the City's costs, and improve the community's overall quality life.
Section 177.085, Florida Statutes, provides that, upon the abandonment of a right-of-way, all
rights to the former right-of-way revert to the owners of the lots abutting such right-of-way. A
City may vacate roads when the vacation is in the public interest, or when the street is no longer
required for public use and convenience.
The overall Project and underlying Development Agreement would reduce the City's costs due
to the implementation of the maintenance agreement for Alton Court; provide for a new sewer
line along the vacated area which line provides water and sewer services to Sunset Harbour;
and would ensure that the City obtain a perpetual access and use easement area along the
entire length of the vacated City Parcel for continued vehicular access and underground utility
access.
The Administration, through its Public Works Department, have indicated that the Developers
have complied with the application requirements and submittals in accordance with the City's
Guidelines for Vacation or Abandonment of Streets or Other Rights of Way, and pursuant to
Sections 82-36 through 82-40 of the City Code.
Pursuant to City Code Section 82-37(a)(1), the proposed vacation must also be referred to the
Finance and Citywide Projects Committee. Additionally, pursuant to City Code Section 82-38,
the City Commission must also to schedule a second hearing/public hearing of the proposed
vacation. City Code Section 82-39(a) requires that prior to the sale or lease of City property,
there should be a public bidding process. However, here, the only entities that would be legally
entitled to title to the vacated alley would be the two adjacent property owners, the Developers.
The Administration herby recommends that the competitive bidding requirements of City Code
Section 82-39(a) be waived as, by operation of law, the adjacent property owners (i.e. the
Developer) are the only entitled parties to which the vacated right-of-way (the City Parcel) can
be conveyed.
Pursuant to City Code Section 82-38, the Planning Department is required to prepare a planning
analysis relating to the six (6) elements for vacating City Property and shall produce said written
report prior to final City Commission action on the proposed vacation. ln accordance with City
Code Section 82-39(b), an appraisal was obtained by the City for the City's Parcel.
9
Page 3
An appraisal was ordered by Public Works and received on or about April 20, 2016. The
appraisal was associated with an air rights easement assuming that the Applicant "would not
have full control of the alley at the ground level, but would have full control of the alley from the
second floor up." The analysis was based on a sales comparison approach and included
consideration of values per buildable square foot. The appraised value of the investigation is in
the amount of $950,000.
After it was brought to light that the Applicant wanted the City to vacate the alley and provide the
City with the necessary easements for utilities and vehicular access, an additional appraisal was
requested. The valuation was determined by taking the value of the now combined parcels
minus the value of the two privately owned parcels to determine the market value of the
alley. The investigation notes that there are several items that several items contribute to the
high value when using the sales comparison approach:
. A contiguous tract with 320 feet of frontage along 17th Street with double corners
on Alton and West. Development of a single building with frontage on three streetso A transfer of the FAR from the alley to the combined parcels. Allowing the west parcelto be increased in building height from 50 feet to 60 feet
The revised appraised value of the investigation is $3,050,000.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the proposed
vacation on first reading; set the second reading/public hearing; waive, by 5t7th vote, the
competitive bidding requirement, and refer the matter to the Finance and Citywide Projects
Committee. At the Finance and Citywide Projects Committee, a final term sheet will be
recommended. That recommendation will be fonruarded to the City Commission for its
consideration. lf approved, a Development Agreement will be drafted and presented to the City
Commission.
,r*,{@9*Mnl,lRB/EB
T:\AGENDA\2016Uune\Public Works\17th street alton rd ct.docx
10
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, f LORIDA, PURSUANT TO
SECTION 82.37 OF THE CITY CODE, APPROVE ON FIRST
READING, AND FURTHER SETTING A SECOND
READING/PUBLIC HEARING TO OBTAIN CITIZEN INPUT ON,
THE VAGATION OF 2,OOO SQUARE FEET WITHIN THE ALLEY
KNOWN AS ALTON COURT (HEREINAFTER THE "ALLEY);
SAID VACATION IN FAVOR OF THE ADJACENT PROPERW
OWNERS, 1681 WEST VENTURES, LLC AND 1698 ALTONROAD VENTURES, LLC (COLLECTIVELY THE
"DEVELOPER"); WAIVING BY 5l7TH VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO
SECTIONS 82-39(a) OF THE GITY CODE, FINDING THAT THE
PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH
CONDITION; AND FURTHER CONDITIONING THE VACATION
OF THE ALLEY ON: (1) THE ISSUANCE BY THE Clry OF TWO
QUIT CLAIM DEEDS; (2) THE GRANTING OF AN ACCESS
AND USE EASEMENT BY THE DEVELOPER TO THE C!TY;
AND (3) THE FINAL APPROVAL AND EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE
DEVELOPER; AND FURTHER REFERRING THIS ITEM TO THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE, AS
REQUIRED BY SECTION 82-37(a)(1) OF THE clTY CODE.
WHEREAS, the City holds a right-of-way dedication to a 20 foot wide public right-
of-way alley known as Alton Court (hereinafter referred to as the "Alley"), running parallel
and between Alton Road and West Avenue, between 17th Street and Lincoln Road; and
WHEREAS, 1681 West Ventures, LLC owns the property to the west of, and
adjacent to, the City's Alley along the first 150 feet of the Alley closest to 17th Street; and
WHEREAS, '1698 Alton Road Ventures, LLC owns the property to the east of,
and adjacent to, the Alley, along the first 100 feet of the Alley closest to 17h Street; and
WHEREAS, 1681 West Ventures, LLC and 1698 Alton Road Ventures, LLC,
have the same principals, and shall be collectively referred to herein as "Develope/'; and
WHEREAS, Developer is seeking to develop a mixed-use project with residential
and retail and structured parking, consistent with the CD-2 zoning regulations
(hereinafter, the "Project"); and
WHEREAS, as part of the Project, the Developer seeks to have the City vacate
the north 100 feet of the Alley, located between Developer's parcels, for the 20 foot
width of the Alley (which limited area shall be referred to as the "City Parcel"), for a total
of 2,000 square feet, with the remainder of the Alley not being vacated; and
11
WHEREAS, Developer has requested that the City vacate the City Parcel in
order to incorporate the City Parcel, including, without limitation, the Floor Area Ratio
(FAR) attributable to the City Parcel, into the Project; provided, however, no habitable
structures, parking areas, or amenities shall be placed within the City Parcel, as the
vacated area shall be used solely for "bridge" purposes to link the Developer's parcels;
and
WHEREAS, the Developer has proffered a voluntary contribution, both monetary
(with the amount to be determined by the City and Devetoper) and in in-kind services to
the City; which voluntarily contribution will be used for a public purpose and which funds
would also reduce the City's costs, and improve the community's overall quality life; and
WHEREAS, Section 177.085, Florida Statutes, provides that, upon the
abandonment of a right-of-way, all rights to the former rightof-way revert to the owners
of the lots abutting such right-of-way; and
WHEREAS, a City may vacate roads when the vacation is in the public interest,
or when the street is no longer required for public use and convenience; and
WHEREAS, the overall Project and underlying Development Agreement would
reduce the City's costs due to the implementation of the maintenance agreement for
Alton Court; provide for a new sewer line along the vacated area which line provides
water and sewer services to Sunset Harbour; and would ensure that the City obtain a
perpetual access and use easement area along the entire length of the vacated City
Parcel for continued vehicular access and underground utility access; and
WHEREAS, the Administration, through its Public Works Department, hereby
represents that the Developers have complied with the application requirements and
submittals in accordance with the City's Guidelines for Vacation or Abandonment of
Streets or Other Rights of Way, and pursuant to Sections 82-36 through 82-40 of the
City Code; and
WHEREAS, pursuant to City Code Section 82-37(a)(1), the proposed vacation
must also be referred to the Finance and Citywide Projects Committee; and
WHEREAS, pursuant to City Code Section 82-38, the City Commission must
also to schedule a second hearingipublic hearing of the proposed vacation; and
WHEREAS, the Administration herby recommends that the competitive bidding
requirements of City Code Section 82-39(a) be waived as, by operation of law, the
adjacent property owners (i.e. the Developer) are the only entitled parties to which the
vacated right-of-way (the City Parcel) can be conveyed; and
WHEREAS, pursuant to City Code Section 82-38, the Planning Department is
required to prepare a planning analysis relating to the six (6) elements for vacating City
Property and shall produce said written report prior to final City Commission action on
the proposed vacation; and
WHEREAS, in accordance with City Code Section 82-39(b), an appraisal was
obtained by the City for the City's Parcel; and
12
WHEREAS, the City's appraisal values the City Parcels at $3,000,050; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve the proposed vacation on first reading; set the second
reading/public hearing; waive, by 5l7th vote, the competitive bidding requirement, and
refer the matter to the Finance and Citywide Projects Committee.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA that the Mayor and City
Commission, pursuant to Section 82-37 of the City Code, approve on First R.eading, and
further setting a Second Reading/Public Hearing to obtain citizen input on, the vacation
of 2,000 square feet within the alley known as Alton Court (hereinafter the "Alley); said
vacation in favor of the adjacent property owners, 1681 West Ventures, LLC and 1698
Alton Road Ventures, LLC (collectively the "Developer"); waiving by 5/7th vote, the
competitive bidding requirement, pursuant to Sections 82-39(a) of the City Code, finding
that the public interest would be served by waiving such condition; and further
conditioning the vacation of the Alley on: (1) the issuance by the City of two quit claim
deeds; (2) the granting of an access and use easement by the Developer to the City;
and (3) the final approval and execution of a Development Agreement behrveen the City
and the Developer; and further referring this item to the Finance and Citywide Projects
Committee, as required by Section 82-37(a)(1) of the City Code.
PASSED and ADOPTED this day of 2016.
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
13
THIS PAGE INTENTIONALLY LEFT BLANK
14
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Finance And Citywide Projects Committee And Approving A Term Sheet, Attached Hereto As
Exhibit 1, For The Development Of A "Green Alley" At Espanola Way EasV14'n Place And Ocean Court; And
Authorizing The Administration And City Attorney To Negotiate A Development Agreement Based Upon The Approval
Of The Term Sheet.
Source of
Funds:
OBPI
Financial
Clerk's Office lative Track
T:\AGENDA\201oUune\Public Works\17th street alton ct -
COMMISSION ITEM SUMMARY
Agenda ltem
Date
R1F
6-y-lL
Item Summary/Recommendation :
Betsy Ross South Beach Hotel located at1440 Ocean Drive (hereinafter the "Betsy Hotel"), and the Carlton South
Beach Hotel located at 1433 Collins Avenue (hereinafterthe "Carlton Hotel"), are owned by Betsy Ross Owner, LLC, a
Delaware limited liability company authorized to do business in the State of Florida (hereinafter "Developer"). The
Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean Court, an alley that runs
south to north parallelto Ocean Drive.
The City previously granted an air rights easement to the Developer, for a pedestrian bridge over Ocean Court, and
the Developer obtained design approval from the Historic Preservation Board for a "green alley" along Espanola Way
East (City right-of-way known as 14'n Place), and for Ocean Court. The City Commission setthe value of the air rights
easement as $240,000, which funds, once paid to the City, were to be designated for the design, development and
construction of a "green alley".
On May 20,2016, the Finance and Citywide Projects Committee issued a recommendation to the City Commission to
approvetheTerm Sheet, attached as Exhibit"1", tothis Memorandum and Resolution, and fortheCityAdministration
and City Attorney to negotiate a final Development Agreement, based upon the approved Term Sheet with the
Developer.
THE ADMINISTRATION RECOMMENDS ACCEPTING THE RECOMMENDATION OF THE FTNANCE COMMITTEE.
Financial Information :
Eric ter, Public Works X6012
# AN IANAIBEACH 15
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 8, 2016
City C
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING A TERM
SHEET, ATTACHED HERETO AS EXHIBIT 1, FOR THE DEVELOPMENT OF A..GREEN ALLEY" AT ESPANOLA WAY EAST/l4TH PLACE AND OCEAN COURT;
AND AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY TO
NEGOTIATE A DEVELOPMENT AGREEMENT BASED UPON THE APPROVAL OF
THE TERM SHEET.
BACKGROUND
Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter the "Betsy Hotel"),
and the Carlton South Beach Hotel located at 1433 Collins Avenue (hereinafter the "Carlton
Hotel"), are owned by Betsy Ross Owner, LLC, a Delaware limited liability company authorized
to do business in the State of Florida (hereinafter "Developer"). The Betsy Hotel and the
Carlton Hotel are separated by a City public right-of-way known as Ocean Court, an alley that
runs south to north parallel to Ocean Drive.
The City previously granted an air rights easement to the Developer, for a pedestrian bridge
over Ocean Court, and the Developer obtained design approval from the Historic Preservation
Board for a "green alley" along Espanola Way East (City right-of-way known as 14th Place),
and for Ocean Court. The City Commission set the value of the air rights easement as
$240,000, which funds, once paid to the City, were to be designated for the design,
development and construction of a "green alley".
On May 20,2016, the Finance and Citywide Projects Committee issued a recommendation to
the City Commission to approve the Term Sheet, attached as Exhibit "1", to this Memorandum
and Resolution, and for the City Administration and City Attorney to negotiate a final
Development Agreement, based upon the approved Term Sheet with the Developer.
CONCLUSION
The Administration recommends accepting the recommendation of the Finance Committee.
ruvuf&+eSnMMRB/EB
T:lAGENDA\2016Uune\Public Works\17th street alton rd ct.docx
16
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AND APPROVING A TERM SHEET, ATTACHED
HERETO AS EXHIBIT 1, FOR THE DEVELOPMENT OF A "GREEN
ALLEY" AT ESPANOLA WAY EAST/14TH PLACE AND OCEAN
COURT; AND AUTHORIZING THE ADMINISTRATION AND CITY
ATTORNEY TO NEGOTIATE A DEVELOPMENT AGREEMENT BASED
UPON THE APPROVED OF THE TERM SHEET.
WHEREAS, Betsy Ross South Beach Hotel located at 1440 Ocean Drive
(hereinafter tlre "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433
Collins Avenue (hereinafter the "Carlton Hotel"), are owned by Betsy Ross Owner, LLC,
a Delaware limited liability company authorized to do business in the state of Florida
(herei nafter "Developer"); and
WHEREAS, the Betsy Hotel and the Carlton Hotel are separated by a City
public right-of-way known as Ocean Court, an alley that runs south to north parallel to
Ocean Drive; and
WHEREAS, the City previously granted an air rights easement to the
Developer, for a pedestrian bridge over Ocean Court, and the Developer obtained
design approval from the Historic Preservation Board for a "green alley" along Espanola
Way East (City Right-of-way known as 14th Place), and for Ocean Court; and
WI{EREAS, the City Commission set the value of the air rights easernent as
$240,000, which funds, once paid to the City, were to be designated for the design,
development and construction of a green alley; and
WHEREAS, on May 20, 2016, the Finance and Citywide Projects Committee
issued a recommendation to the City Commission to approve the Term Sheet, attached
as Exhibit "1", to this Resolution, and for the City Administration and City Attorney to
negotiate a final Development Agreement, based upon the approved Term Sheet with
Developer; and
17
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee approval a Term Sheet, attached hereto as Exhibit 1, for the development of
a "green alley" at Espanola Way EasUl4th place and Ocean Court; and further authorize
the City Administration and City Attorney to negotiate a Development Agreement based
upon the attached, approved the Term Sheet.
PASSED and ADOPTED this _day of 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
'8['^X8HRBil8'& FOR EXEpuTloN) rA .\--,\2'.
-
Doie
[,,J\
.r* on.^\{T
18
TERM SHEET FOR ''GREEN ALLEY'' DEVELOPMENT AGREEMENT
1. PARTIES.
The City of Miami Beach ("City") and the Betsy Ross Owner, LLC ("Developer").
2. PROPERTY.
a. The Developer is the owner of that certain parcel of land located at 1440
Ocean Drive and 1433 Collins Avenue, Miami Beach, Florida.
b. The City is the owner of the Espanola Way East right-of way at l4th Place.
3. PROJECT.
a. The City and the Developer intend to enter into a Development Agreement to
improve that portion of the City right-of-way on 14th Place, lying between
Collins Avenue and Ocean Drive ("the Project ").
b. Except for the City Costs (as defined in 3(c) below), the Developer will
pay all costs associated with the design, development, permitting, and
construction of the Project, which shall include, but not be limited to, the
following improvements :
i. Modified pedestrian access way along l4th Place, from Collins
Avenue to Ocean Court;
ii. Landscaping along 14th Place/Espanola Way East, from
Collins Avenue to Gcean Court;
iii. Non-standard photovoltaic lighting, from Collins Avenue to
Ocean Court; and
iv. Remove the current bollard lighting on the sidewalk lying
between Ocean Drive and Ocean Court, and replace the same
with lighting integrated within or otherwise affixed to the
north-side of the Betsy Hotel (for the purpose of illuminating
the sidewalk).
(Collectively, the Project improvements generally described in (bXi)-(iv) above
shall be referred to as the "Public Improvements").
19
Betsy Green Alley - Term Sheet
June 8,2016
PageZ of 4
c. The total estimated cost of the Public Improvanents is approximately 5720,247
(inclusive of hard and soft costs) and broken down as follows:
Demolition
Planting and Irrigation
Li ghting (Nonstandard)
Drainage
Hardscape (including non-
Standard pavers)
$ 10,000
$ 47,640
$ 87,500
$135,000
$ 72,465
Underground Utility-FPl $ 165.000
Total Construction $ 517,605
Contract Administration (15%) $ 77,641
Administrative Fee (10%) $ 59,525
Contineency (10%) $ 65.477
Totall $ 720,247
The City shall contribute a maximum of $720,247 ("City Costs") toward the
Developer's design, development, permitting, and construction of the Public
Improvements. The City shall pay on a reimbursement basis. The City shall not be
responsible for the disbursement of any sums in excess of the City Costs, except
for City approved change orders.
Developer shall:
i. Design, develop, permit, and construct the Public Improvements.
ii. Maintain and perform minor repairs of the Public Improvernents for an
initial term of ten (10) years, at the rate of up to $100,000 per year, for a
maximum obligation toward that maintenance of $1,000,000, Developer
shall be responsible for routine cleaning and repairs to the Public
Improvements, but shall not be responsible for force majeure tlpe repairs.
iii. Notwithstanding (e)(ii above, Developer shall, at its sole cost and
expense, maintain and perform all repairs and replacements, in
perpetuity, relating to those Public Improvements that are defined by the
parties in the Development Agreement, including, but not limited to the
artistic elements generally described in subsection (e[iv) below; pavers;
lighting; trash receptacles; and signage. The "non-standard
improvements" shall be detined in the Development Agreement and shall
also be subject to prior City review and approval.
iv. Design, develop, construct and maintain [in accordance with (e)(ii)
above] one or more artistic elernents, which may include, but not be
limited to a "poetry walk," or guardrail system embedded with poetry
above the caf6 with appropriate light illumination, for the benefit of the
' The total Public Improvements costs do not include approximately $200000 in installation of new water and sewer
lines.
d.
e.
20
Betsy Green Alley - Term Sheet
June 8,2016
Page 3 of4
OTHER TERMS.
c.
public within or immediately adjacent to the Public Improvements, at a
value of approximately $100,000. The artistic elernent(s) will be defined
in the Development Agreement, and shall be subject to prior City review
and approval.
a.
b.
The City shall have review over, and final approval of, the design and
construction plans and specifications for the Public [mprovements to ensure that
the Improvements are designed to meet the City's needs and standards. The City
shall require a copy of all actual cost estimates, plans, and construction related
contracts prior to and during construction.
The City shall also have review over, and final approval of the non-standard
improvements (as shall be defined in the Development Agreement, and the artistic
elernents referenced in sub section (3 )(e)(iv).
The City intends to install the water and sewer pipes, as well, as replace or repair
all utilities within the City's right-of-way, prior to commencement of construction
of the Public Improvements. However, should the Public Improvements be
installed prior to the replacement of the water and sewer pipes, Developer shall
execute a hold harmless agreement in favor of the City, since the Public
Improvements may be removed when the water and sewer pipes are installed.
Developer shall be required to re-install any non-standard improvements.
The Developer shall deliver, for the City's review and approval, an estimated
budget for the total cost (i.e. hard and soft costs) of the Public Improvements,
which budget shall be based upon the City-approved design and construction
plans and specifications. At its sole option and discretion, the City may retain a
consultant (i.e. such as a professional cost estimator) to verify the Developer's
total estimated cost, with the cost of the consultant to be paid for by the
Developer. Developer shall provide copies of all actual costs and invoices.
The Developer and the City will work cooperatively to seek approval of the
design and development of the Public Improvements. The Developer will be
responsible for submitting any required applications for development approvals,
and for securing any and all final, non-appealable development approvals and
permits.
The Developer shall enter into a cost plus with a Guaranteed Maximum Price
contract (GMP Contract) with a contractor (General Contractor) to construct the
Public Improvements. It is the intent of the Developer to utilize GT McDonald,
(who is already mobilized and building the Carlton Hotel) to construct the Public
Improvements. All subcontractor and vendor trades will be competitively bid out.
d.
21
Betsy Green Alley - Term Sheet
June 8,2016
Page 4 of 4
J.
oE.
Notwithstanding the above, the City shall have the right to review and approve the
GMP Contract with the selected General Contractor prior to such Contract being
executed between the Developer and General Contractor. The City shall be a third
party beneficiary to the GMP Contract.
The Developer shall cause its General Contractor to provide warranties,
indemnities, and insurance in favor of the City. Prior to commencement of
construction, the Developer shall cause the General Contractor to furnish the City
with payment and performance bonds that identi$r City and the Developer as co-
obligees. The General Contractor shall be required to obtain a Right-of-Way
permit for construction.
The Developer shall develop a plan for Public Improvements construction staging
in order for access to the adjacent commercial areas to be continually maintained,
with only minimal disruptions. Such plan shall be subject to the City's prior
review and approval, which shall not be unreasonably withheld, conditioned or
delayed.
Final completion of the Public Improvements will occur within 18 months
following execution of the Development Agreement.
The Public Improvements must contain green elements, in order to qualify and be
entitled to the City's "green alley" funds. Only those elements that qualifu as
"green" may be paid for out of the City's "green alley'' fund.
h.
22
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, As lt Pertains To The City
Construction Project Referred To As The "lndian Creek Drive/State Road (Sr) A1a,26 Street To 41 Street - Flooding
Mitigation Project" [Hereinafter "Project"], And, With Respect To The Project, Accepting The Findings And
Recommendation Of The City Manager Certifying A Valid Public Emergency Pursuant To Subsections 287.055(3XA)(1)
And (9)(C)(6), Florida Statutes; And, As Permitted PursuantTo Subsection 2-367(E) Of The City Code, Waiving, By
5/7ths Vote, The Competitive Bidding Requirement Relating To This Procurement, Finding Such Waiver To Be ln The
Best lnterest Of The City, And Authorizing The City Manager To Negotiate A Professional Services Agreement With
Ribbeck Engineering, ln An Amount NotTo Exceed $407,851, ForThe Preparation Of A Design Criteria Package (Dcp)
And Conceptual Plans Which Complies With The Specifications Set Forth Under Section 287.055(2)(J), Florida
Statutes.
lntended Outcome Su
Adviso Board Recommendation:
Build and maintain infrastructure with full accountabili
Item Summary/Recommendation :
At its March 09, 2016 meeting, the City commission approved an agreement with the City and Florida Department of
Transportation (FDOT) for the cost sharing of a construction project on lndian Creek Drive from 26'n to 41" Streets. The
infrastructure improvements will include a new storm water drainage system, pump station and seawall. The existing
roadway, curbs, gutters and sidewalks will be elevated to meet new flood elevation requirements. Driveways, light
poles, signals, signage and pavement markings will be replaced to match new roadway alignment and configuration.
Due to complexity and urgency of this project, the administration recommends engaging Ribbeck Engineering, lnc. as
the engineering firm responsible in developing the Design Criteria Package (DCP) and Conceptual plans that will be
used for this project. Currently, Ribbeck Engineering, lnc. is not part of the approved city's engineering firm rotational
list, however, due to this firm experience working with FDOT and their current and previous work within the project area;
it is in the City's best interest to utilize them.
The Public Works Department has reviewed the proposaland finds the cost reasonable.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account Approved
1 $407,851 429-08 1 5-06 1 357-0048-51 7-
00-00-00-c1601
2
3
t oBP!
Financial lmp
Total
act Summi lry:
Assistant Department Assistant City Manager /
&!w AN IAAN IBEACH 23
g MIAMIBEACH
City of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 8,2016
A RESOLUTION OF THE
the City /or.lrrionVTO:
FROM:
DATE:
SUB.JECT:
Amount
$407,851
OR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AS IT PERTAINS TO THE CITY
CONSTRUCTION PROJECT REFERRED TO AS THE "INDIAN CREEK
DRIVE/STATE ROAD (SR) AlA, 26 STREET TO 41 STREET - FLOODING
MITIGATION PROJECT" [HEREINAFTER "PROJECT"I, AND, WITH
RESPECT TO THE PROJECT, ACCEPTING THE FINDINGS AND
RECOMMENDATION OF THE CITY MANAGER CERTIFYING A VALID
PUBLIG EMERGENCY PURSUANT TO SUBSEGTIONS 287.055(3XaX1)
AND (9)(cXO), FLORIDA STATUTES; AND, AS PERMITTED PURSUANT TO
SUBSECTION 2-367(e) OF THE CITY CODE, WAIVING, BY 5/7THS VOTE,
THE GOMPETITIVE BIDDING REQUIREMENT RELATING TO THIS
PROCUREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CIry, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK ENGINEERING,
IN AN AMOUNT NOT TO EXCEED $407,851, FOR THE PREPARATION OF
A DEStcN CRITER|A PACKAGE (DCP) AND CONCEPTUAL PLANS WHICH
COMPLIES WITH THE SPECIFICATIONS SET FORTH UNDER SECTION
287 .055(2)0), FLORIDA STATUTES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
FUNDING
Funding is subject to the FY 14115 being approved by City Commission.
Account Number
429-0815-06 1 357-00-48-5 1 7-00-00-00-c 1 60 1
24
Commission Memorandum * lndian Creek Drive - 26th to 41't Street - Flooding Mitigation Project
Page 2 of 3
BACKGROUND
At its March 9,2016 meeting, the City commission approved Resolution 2016-29332 approving
an agreement between the City and Florida Department of Transportation (FDOT) for the cost
sharing of a construction project on lndian Creek Drive from 26th to 41't Streets. The
infrastructure improvements will include a new storm water drainage system, pump station
and seawall. The existing roadway, curbs, gutters and sidewalks will be elevated to meet
new flood elevation requirements. Driveways, light poles, signals, signage and pavement
markings will be replaced to match the new roadway alignment and configuration.
Due to complexity and urgency of this project, the administration recommends engaging
Ribbeck Engineering, lnc. as the engineering firm responsible in developing the Design Criteria
Package (DCP) and conceptual plans that will be used for this project. Currently, Ribbeck
Engineering, lnc. is not part of the approved City's engineering firm rotational list. However, due
to this firm's experience working with FDOT, along with their current and previous work within
the project area, it is in the City's best interest to utilize them.
The majority of the construction improvements will happen within FDOT's right of way. Ribbeck
Engineering will play an important role making sure the DCP package complies with FDOT and
City design criteria requirements. A scope of work has been provided and is attached as Exhibit
1 along with the proposed hours of effort for the work. Ribbeck Engineering will perform the
work under the same hourly rates and percentages for overhead and profit as their contract with
FDOT.
Authorization to enter into an agreement is being proposed under Section 287.055, Florida
Statutes (also known as the "Consultants Competitive Negotiation Act" or CCNA). While the
CCNA requires municipalities to publicly bid certain professional services, including architecture
and engineering services, this requirement can be waived in cases of valid public emergencies.
ln this case, the Administration believes that given: 1) current conditions, both at the Project site
and within the neighborhood; 2) the potential community hardships, quality of life issues,
potentially aggravated due to a postponement of the current work in order to undertake a
procurement process; and 3) the fact that this firm is performing work in the area; the City
Administration, in assessing the totality of factors giving rise to this situation, believes there is
ample support to find that a public emergency, necessitating a CCNA waiver of the bidding
requirements, exists here.
Given that the facts do indeed support the existence of a public emergency, to the extent that a
waiver of the bidding requirements under the CCNA is justified, the Administration recommends
the following course of action:
1. That the competitive bidding requirements be waived by 5/7ths vote as permitted pursuant to
Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City,
and that the City Manager be authorized to take further actions to procure the necessary
emergency design and construction services for the project, via a design-build contract,
including authorizing the preparation of a Design Criteria Package (DCP) which complies
with the specifications set forth under F.S. 287.055(2Xj);
2. That the total sum of the contract for this engineering firm and subcontractor is $407,851
which consists of developing a Design Criteria Package (DCP) and conceptual plans for
approximately 0.85 miles of lndian Creek Drive. The conceptual plans include roadway,
drainage, signing & pavement markings, and signalization. ln addition, coordination with key
25
Commission Memorandum - tndian Creek Drive - 26th to 41't Street - Ftooding Mitigation Project
Page 3 of 3
stakeholders is included. The conceptual plans are required as reference to the DCP and
will be performed in accordance with FDOT design requirements. The DCP will include
FDOT design criteria as well as City of Miami Beach contract requirements necessary by the
Design-Build Firm to properly submit.
CONCLUSION
The Administration recommends adopting the Resolution
Attachment - Ribbeck Engineering Proposal dated 512612016
Attachment - Subcontractor Bolton Perez & Associates Proposal dated 312812016
lmt#GtB^M^/vRB/cP
T:\AGENDA\201 6Uune\Public Works\lndian Creek lmprovements Memo.doc
26
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA, AS IT PERTAINS TO THE CITY
CONSTRUCTION PROJECT REFERRED TO AS THE ..INDIAN CREEK
DRTVE/STATE ROAD (SR) A1A, 26 STREET TO 41 STREET
FLOODTNG MtTtGATtON PROJECT" IHERETNAFTER "PROJECT"],
AND, WITH RESPECT TO THE PROJECT, ACCEPTING THE
FINDINGS AND RECOMMENDATION OF THE CITY MANAGER
CERTIFYING A VALID PUBLIC EMERGENCY PURSUANT TO
SUBSEGTIONS 287.055(3XaX1) AND (9)(c)(6), FLORIDA STATUTES;
AND, AS PERMITTED PURSUANT TO SUBSECTION 2-367(e) OF THE
CITY CODE, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT RELATING TO THIS PROCUREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH RIBBECK
ENGINEERING, IN AN AMOUNT NOT TO EXCEED $407,851, FOR THE
PREPARATTON OF A DESTGN CRTTERTA PACKAGE (DCP) AND
CONCEPTUAL PLANS WHICH COMPLIES WITH THE
SPECTFTCATTONS SET FORTH UNDER SECTTON 287.055(2Xj),
FLORIDA STATUTES.
WHEREAS, on September 27, 2015, the City experienced severe tidal flooding
caused by King Tides of 1.12feel above mean high water, in the area of lndian Creek
Drive, from 26th to 41't Streets, which severely impacted both pedestrian and vehicular
traffic for several days; and
WHEREAS, at its March 9, 2016 meeting, the City Commission approved
Resolution No. 2016-29332, approving and authorizing the City to negotiate and enter
into an agreement with the Florida Department of Transportation (FDOT) for the cost
sharing oi a construction project on lndian Creek Drive, from 26th to 41tt Streets, to
increase the height of the seawall along lndian Creek Drive, and to increase the
elevation of the road to "future crown of the road;" and
WHEREAS, to avoid continued tidal flooding and severe flooding caused by high
intensity rainfall events, the City, in conjunction with FDOT, must implement
infrastructure improvements which will include a new storm water drainage system,
pump station, and seawall; and
WHEREAS, the existing roadway, curbs, gutters and sidewalks will be elevated
to meet new flood elevation requirements, and existing driveways, light poles, signals,
signage and pavement markings will be replaced to match new road-way alignment and
configuration; and
WHEREAS, the City and FDOT are finalizing the cost sharing agreement, and
the City desires to immediately begin the scope of work relative to constructing all the
improvements that would protect lndian Creek Drive from flooding; and
27
WHEREAS, over the past year the City has been provided overwhelming
supporting documents relating to of the extreme flooding emergency conditions
projected by NOAA for King Tides in the Fall of 2016 and the effective of the King Tides
on lndian Creek Drive; and
WHEREAS, the Administration believes that given the current condition of lndian
Creek Drive, and the periodic flooding and closure of the road due to said flooding
issues, there are extensive existing and potential future community hardships, including
serious impacts to quality of life issues, to justify the necessity of beginning construction
on lndian Creek Drive immediately; and
WHEREAS, the conditions in the area are so drastic and will only worsen if the
work is postponed in order to go through a three (3) to six (6) month competitive
procurement process; and
WHEREAS, due to the foregoing, and due to the fact that Ribbeck Engineering is
already performing work in the area for FDOT, the City Manager, in assessing the
totality of factors giving rise to this situation, believes there is ample support to find and
certify to the City Commission that a public emergency exists and that it is in the best
interest of the City to waive competitive bidding; and
WHEREAS, to avoid coordination problems and construction delays, the City
would benefit from using Ribbeck Engineering, which has an existing contract with
FDOT to provide right-of-way design services; and
WHEREAS, Ribbeck has the knowledge and expertise to address the flooding
related concerns for lndian Creek Drive; the City Administration seeks to enter into an
agreement with Ribbeck for preparation of a design criteria package (DCP); and
WHEREAS, the DCP for lndian Creek Drive shall include roadway, drainage,
signing & pavement markings, and signalization and shall include all FDOT design
requirements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, as it pertains to the City construction project referred to as the "lndian
Creek Drive/State Road (SR) A1A, 26 Street to 41 Street - Flooding Mitigation Project"
[hereinafter "Project"], and, with respect to the Project, accepting the findings and
recommendation of the City Manager certifying a valid public emergency pursuant to
Subsections 287.055(3XaX1) and (9)(c)(6), Florida Statute; and, as permitted pursuant
to Subsection 2-367(e) of the City Code, waiving, by 5/7ths vote, Competitive Bidding
Requirements relating to this procurement of the services of Ribbeck Engineering
[Ribbeck], finding such waiver to be in the best interest of the City; and authorizing the
City Manager to negotiate a Professional Services Agreement with Ribbeck, in an
amount not to exceed $407,851, for the preparation of a Design Criteria Package (DCP)
and conceptual plans which complies with the specifications set forth under Section
287 .055(2)O, Florida Statute.
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PASSED AND ADOPTED this 8th day of June, 20'16.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2016Uune\Public Works\lndian Creek lmprovements Resoultion revised 6-2-2016.docx
Mayor Philip Levine
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Llb\(("
Date
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