2003-25202 Reso
RESOLUTION NO. 2003-25202
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE AMMENDED DESIGN PLANS
FOR THE ALTOS DEL MAR SEGMENT OF THE NORTH BEACH
RECREATIONAL CORRIDOR PROJECT.
WHEREAS, the City is in the process of developing a multi-purpose public access trail in the North Beach District,
called the North Beach Recreational Corridor Project (NBRC); and
WHEREAS, the NBRC will be a paved, on-grade pathway which will snake its way along the sand dunes between
the beach and the beachfront properties, and will interconnect residential neighborhoods, resort areas, business
districts, cultural & tourism centers, parking facilities, parks, schools and the beaches; and
WHEREAS, the trail will include with native landscaping, shade canopy areas, pedestrian scale lighting, and
paverstone features at the beach access points and street-ends. Vista areas and vita-course stations will be
interspersed along the trail to provide enhanced recreational opportunities for trail users. Interpretive signage will
also be incorporated into the project to educate residents and visitors about the cultural and historic landmarks
within the two historic districts, which adjoin the trail.
WHEREAS, through the adoption of Resolution No. 2000-24182 on November 29, 2000, the Mayor and City
Commission appropriated $750,000 of the proceeds from the Miami-Dade County Safe Neighborhood Parks (SNP)
Bond Program for the replacement of the restroom/concession facilities; and
WHEREAS, the adoption of Resolution No. 2001-24347 on April 18, 2001, authorized the appropriation of an
additional $175,000 from the General Obligation (GO) Bond Program specifically for the replacement of the 29th
Street facility; and
WHEREAS, the preliminary designs for each of the new facilities have been completed with input from the
communities adjacent to the facility locations; and
WHEREAS, based on the overwhelming opposition to the redevelopment of the restroom by the 29th Street area
residents and property owners, plans to replace the facility were discontinued; and
WHEREAS, the 72nd Street facility will be constructed during the Bandshell Park renovation phase of the North
Beach Recreational Corridor Project and the $150,000 of Safe Neighborhood Parks (SNP) Bond funds allocated for
the replacement of that facility have been transferred to the North Beach Recreational Corridor Project budget; and
WHEREAS, a total of $108,000 of the $600,000 of SNP Bond funds allocated for the replacement of the remaining
facilities at 21st, 46th, 53rd and 46th Streets has been spent on the preliminary design, permitting, surveying,
geotechnical and demolition work completed to date; and
WHEREAS, the total remaining budget for the construction of the four facilities is $492,000; and
WHEREAS, a total of three (3) bids were received in response to Invitation to Bid No. 03-02/03 (the "Bid"), for a
Design/Build Contractor to complete the design, permitting and to construct the remaining four restroom facilities on
February 4, 2003; and
WHEREAS, the Administration evaluated the bids using the criteria established by City Code Section 2-369,
entitled Award of Contract and the low bidders' references and determined that Tran Construction, Inc. was the
lowest and best bidder with the Total Bid Price of $648,000; and
WHEREAS, the replacement of these beachfront facilities is critically needed, and because the project cost
reduction opportunities available through value engineering are not significant enough to offset the budget deficit,
the Administration recommends the $175,000 of G.O. Bond funds originally allocated for the replacement of the
29th Street facility, be reallocated toward the replacement of the 46th & 53rd Street facilities; and
WHEREAS, the proposed reallocation is an appropriate use of the GO Bond funds, since the use of up to $700,000
of these funds to develop secure, accessible restroom facilities in the Oceanfront Neighborhood area was
specifically identified in the list of planned capital improvements included in the GO Bond Program Project List,
which was approved by the voters in 1999, and because the 46th and 53rd Street facilities are within the
Oceanfront neighborhood; and
WHEREAS, on April 7, 2003, the Administration presented the issue to the GO Bond Oversight Committee and
requested they recommend the reallocation of the funds, to the Mayor and City Commission and the Committee
declined to support the Administration's request and asked for the plans to develop a new 29th Street facility to be
reinstated; and
WHEREAS, based on the above information and pursuant to the evaluation of the three (3) bids conducted by City
staff, the Administration has determined that Tran Construction, Inc. is the lowest and best bidder and recommends
that the Mayor and City Commission approve the award of a contract in the amount of $648,000, and further,
authorize the reallocation of the $175,000 of GO Bond funds originally appropriated for the replacement of the 29th
Street facility, toward the replacement of the 46th & 53rd Street facilities.
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 of the City of Miami Beach, Florida, that the award
of a contract to Tran Construction, Inc., in the amount of $648,000, pursuant to bid no. 03-02/03, for the
professional design/build services required for the design, permitting and construction of four new
restroom/concession facilities within the beachfront parks located at 21st, 46th, 53rd and 64th Streets respectively,
and further, authorizing the reallocation of $175,000 from the General Obligation Bond Series 2000 funds,
previously appropriated for the replacement of the former 29th Street restroom, for use in the construction of the
new 46th and 53rd Street facilities, is hereby approved.
PASSED and ADOPTED this 30th day of April 2003.
ATTEST;
CITY CLERK
MAYOR
,
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
"!!iiP"
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the amended design plans for the
Altos Del Mar ment of the North Beach Recreational Corridor Pro'ect.
Issue:
Shall the City Commission approve the amended design plans for the Altos Del Mar segment of the North Beach Recreational
Corridor Pro'ect?
Item Summary/Recommendation:
The North Beach Recreational Corridor (NBRC) is a multi-purpose paved, on-grade publiC access trail which will snake its way along
the sand dunes between the beach and the beachfront properties, and will interconnect residential neighborhoods, resort areas,
business districts, cultural & tourism centers, parking facilities, parks, schools and the beaches. The trail will include with native
landscaping, shade canopy areas, pedestrian scale lighting, and paverstone features at the beach aCcess points and street-ends.
The master plan is for the NBRC trail to extend from the northem end of the existing boardwalk at 46th Street, north along the dunes,
to the northem City limit at 87th Terrace, with a series of "east-west connector nodes" linking the trail to the residential areas to the
west.
Through a series of State and Federal grant programs, as well as allocation of County and Local bond proceeds, the City has
acquired sufficient funding for the design and construction of 3 of the 5 segments of the NBRC project. The planning and conceptual
design for the NBRC was completed with involvement and input from residents ofthe communities adjacent to the trail, received at a
series of community workshops held between 1994 and 2002.
During the final community design presentation for the Altos Del Mar segment of the trail, which was held on December 9,2002,
representatives of the developer who recently purchased the 11 vacant lots and a few residents expressed concems over the
proximity of the trail to their property, the width of the trail, the proposed street lighting and the potential use of the trail by criminals.
Based on the comments received, the City modified the design plans for that portion of the trail. The design modifications with
estimated additional construction cost of $250,000 include: 1) shifting the footprint of the pathway approximately 75 feet east (further
away from the upland home lots); 2) reducing the width of the path from 15 to 10 feet; 3) replacement of the pole mounted
streetlights with a small bollard style fixture; 4) lowering of the elevation of the pathway surface to make It less conspIcuous; and 5)
creation of a new landscaped dune along the westem edge of the new pathway to form a physical and visual barrier between the
trail and the upland properties.
The amended plans for the Altos Del Mar segment were presented to the members of the Land Use Committee and the Altos Del
Mar property owners at the Committee's meeting on March 17,2003. The Committee voted unanimously to support the development
of the trail through the Altos Del Mar area. However, the Administration volunteered to evaluate the potential use of hard pack (sand
or crushed shell) instead of pavement for the segment of the trail, because the committee had split on the issue, That evaluation
revealed that the use of hard pack would not be suitable because maintenance costs would be unreasonably high, the surface would
not comply with the ADA accessibility requirements, the aesthetics & functionality of the regional project would be substantially
undermined, and the increased risk of personal injury that would be result from the use of hard pack would create an unacceptable
liability for the City, As an altemative, the developer of the 11 vacant lots proposed to build a concrete trail that would link the NBRC
through Altos del Mar Park and 79th Street via Collins Avenue. In the review of the alternative, the Building Department indicated
that the project even as amended would Inappropriately disadvantage the disabled community and therefore, the department would
not issue a permit for construction.
Based on this Information, and because the NBRC will be developed on public land which should be open and accessible for the use
and benefit of the entire community, the Administration recommends the Mayor and City Commission approve the amended design
plans for the Altos Del Mar segment of the North Beach Recreational Corridor Project, so that the construction of the project may
proceed. .
Financial Information:
Source of Amou....t .. . Accou....t . i >.. APproved -c
..
Funds: N1A 1. N/A N/A N/A
Total.
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AGENDAITEM~
DATE Lf -30-03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: April 30, 2003
From: Jorge M. Gonzalez ~.!~
City Manager ~
Subject: A RESOLUTION OF THE MA OR AND COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE AMENDED DESIGN
PLANS FOR THE ALTOS DEL MAR SEGMENT OF THE NORTH BEACH
RECREATIONAL CORRIDOR PROJECT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City is in the process of developing a multi-purpose public access trail in the North Beach
District, called the North Beach Recreational Corridor Project (NBRC). The development process for
the Project began in the early 1990's, as an initiative of the North Beach Development Corporation,
with the support of many of the homeowner's associations and hotel owners from the North Beach
District.
The NBRC will be a paved, on-grade pathway which will snake its way along the sand dunes
between the beach and the beachfront properties, and will interconnect residential neighborhoods,
resort areas, business districts, cultural & tourism centers, parking facilities, parks, schools and the
beaches. The trail will include native landscaping, shade canopy areas, pedestrian scale lighting, and
paverstone features at the beach access points and street-ends. Vista areas and vita-course stations
will be interspersed along the trail to provide enhanced recreational opportunities for trail users.
Interpretive signage will also be incorporated into the project to educate residents and visitors about
the cultural and historic landmarks within the two historic districts, which adjoin the trail.
The sand dunes adjacent to the entire length of the trail will also be completely restored. The
overgrown exotic vegetation will be replaced with low-growing, native dune plantings and additional
sand will be added to restore the height and width of the dunes, which will provide enhanced
hurricane storm surge protection for the upland properties.
In addition to the public access and recreational amenities that will be created, the development of
the trail will also significantly enhance the property values and quality of life for the adjacent
Page 2 of6
property owners through the elimination of the conditions conducive to the attraction of homeless
encampments that exist within the dunes of the North Beach District; elimination of the dark, .
"concealment" areas that exist adjacent to the area parks and street ends, which are currently
congregation areas for underage drinking, drug use and prostitution; restoration of the ocean views
from the upland properties, which are blocked by the overgrown exotic vegetation; the creation of an
access corridor for police patrols within the currently un-patrolled area between the beach and upland
properties; and by encouraging the positive use of the area by our residents, which in-turn will
discourage the presence of the inappropriate elements.
The master plan is for the NBRC trail to extend from the northern end of the existing boardwalk at
46th Street, north along the dunes, to the northern City limit at 87th Terrace, with a series of "east-
west connector nodes" linking the trail to the residential areas to the west. The entire NBRC project
has been subdivided into five segments or phases of work.
. Phase I is the segment of the trail which will extend from 64lh Street north to 75lh Street.
. Phase II is the segment that will cpntinue north from 75lh Street to 79th Street.
. Phase ill is the proposed extension of the trail from 64th Street south to 46lh Street.
. Phase IV will be the series of east-west connector nodes or sub-trails connecting to the
residential areas to the west.
. Phase V is the portion of the trail that will extend from 79th Street, through North Shore
Open Space Park, to the City's northern limit at 87th Street. A map depicting the route of the
NBRC is included here as Attachment A. .
The Corridor project will interconnect the North Shore Open Space Park, Altos Del Mar Park, Ocean
Terrace Park, Band Shell Park, Allison Park, Indian Beach Park (53rd St), and the Creek View Park
(46lh St) facilities, which offer an array of recreational amenities. The Corridor will also connect
with all the dune crossovers, street-ends and upland properties to enhance public access to the
beaches and to encourage greater park-beach cross utilization. Seven regional parking facilities, as
. well as, regional transit facilities will also be connected to the trail to help improve recreational
facility access for our residents and visitors.
Through a series of State and Federal grant programs, as well as allocation of County and Local bond
proceeds, the City has acquired sufficient funding for the design and construction of Phases I, II & V
~~NBE~~ .
The current budget for Phases l. II & V of the NBRC project includes:
$1,866,000
$2,035,000
$1,045,000
$ 575,000
$ 125,000
$ 78,000
$ 25.000
$5.749.000
FDOT - Transportation Enhancement Grants
Miami-Dade County Safe Neighborhood Parks Bond Program
City of Miami Beach General Obligation Bond Program
HUD Economic Development Initiative Grants
M-D Metropolitan Planning Organization Bikeway Grant
North Beach District Quality-of-Life Funds
ADA Settlement Agreement Funds
Total Budget
,
Page 3 of6
The planning and conceptual design for the NBRC was completed with involvement and input from
the community at large and adjacent to the trail. The adjacent communities were included the
planning and design process through an extensive series of community design workshops and public
meetings that were held between Februaryl994 and October 2002.
. .
The final design plans and construction specifications for the Phase I, II & V segments of the trail,
which include the renovation of Allison and Band Shell Parks, have also been completed, With
involvement and input from the residents of the adjacent communities. Phase V of the trail was
incorporated into the on-going North Shore Open Space Park renovation project and the construction
of the Phase V segment is nearly complete. The plans for the construction of the Phase I segment of
the trail and the renovation of Allison and Band Shell Parks received strong community support at
the final Community Design Presentation held on December 16, 2002. The final coastal construction
permit approvals are expected to be issued by the FloridaDepartment of Environmental Protection
within the next sixty days. The construction plans and specifications package is being assembled into
an Invitation to Bid, which will be issued upon receipt of the coastal construction permit approvals.
During the final Community Design Presentation for the Phase II (Altos Del Mar) segment of the
trail, which was held on December 9, 2002, resident opposition to the development of a public access
. trail adjacent to their properties was expressed. Concern was expressed over the proximity of the
trail to the planned development of the vacant lots, the width of the trail, the proposed street lighting
and the potential use of the trail by criminals. The area most affected by the corridor includes three
existing homes and the 11 vacant lots planned for development. These are the only properties
adjacent to the corridor.
. Based on the comments received during the Community Design Presentation and subsequent
meetings held with the development company representatives, the City modified the design plans for
the portion of the trail that will be developed between 77th and 79th Streets, to better reflect the
unique character of the historic Altos Del Mar neighborhood. However, the community benefits and
functional integrity of the project were not compromised. A map depicting the proposed new and
former locations of the pathway adjacent to the Altos Del Mar lots and an artist's rendering of the
completed trail are included here as Attachments B & C. The design modifications include:
1. Shifting the footprint of the pathway approximately 75 feet east (further away from the
upland home lots) than originally planned.
2. Reducing the width of the path from 15 to 10 feet.
3. Replacement of the pole mounted streetlights with a small bollard style fixture.
4. Lowering of the elevation of the pathway surface to make it and the trail users less
conspICUOUS.
5. Creation of a new sand dune with fencing and native vegetation along the western edge of the
new pathway, to form a physical and visual barrier between the trail and the upland
properties.
The changes made to plans for the Altos Del Mar segment were significant and reflect higher design
standards than were applied to any other part of the corridor. The increased construction costs
associated with these design modifications have been estimated at $250,000.
.'
Page 4 of6
The amended design plans for the Altos Del Mar segment of the project were presented to the
members of the Land Use Committee, the development company representatives and the Altos Del
Mar residents at the Committee's meeting on March 17th, 2003. In addition to reviewing the City's
proposed modifications to the trail design, the Committee also discussed requests from the
development company representatives to either not build the trail at all, to by-pass the neighborhood
by diverting the trail west to Collins Avenue or to build the trail utilizing "hard pack" (compacted
sand or crushed shell) instead of a paved surface. The members of the Land Use Committee present
at the March 17th meeting included Commissioners Bower, Cruz, Garcia, Gross, Smith and
Steinberg. Following a discussion of the issues raised at the meeting, the Committee voted
unanimously not to support the developer's requests to not build or relocate the trail, but they did ask
the Administration to continue to work with the community on the issues of concern. The
Administration volunteered to explore the hard pack surface option, since the Committee split on
that issue.
During the hard pack evaluation process, the Administration considered construction costs,
maintenance costs, ADA accessibility, aesthetics, functionality and the potential legal liabilities
associated with the proposed use of hard pack.
The evaluation process revealed that the use of hard pack would lower the construction cost by about
$21,000. However, the hard pack surface would be susceptible to rutting, pitting and de-compaction
from weather and use impacts. Because the hard pack would require daily inspection and
maintenance in order to keep the pathway surface level, stable, firm and slip-resistant, the
maintenance costs associated with the use of hard pack would be unreasonably higher than typical.
With regard to the ADA accessibility issue, the City determined that the U.S. Architectural and
Transportation Barriers Compliance Board, which is mandated to provide ADA guidelines and
standards has issued a technical bulletin, which states that "Materials such as gravel, wood chips, or
sand, often used for outdoor walkways, are neither firm nor stable, nor can they generally be
considered slip-resistant. Thus walks surfaced in these materials could not constitute an accessible
route." The City's Building Department will not grant a construction permit for the project if the use
of hard pack is proposed, because the use of hard pack would not comply with the requirements of
Title II of the Americans with Disabilities Act, the standards for ground surfaces within the ADA
Accessibility Guidelines for Buildings and Facilities (ADAAG), and the Florida Accessibility Code.
The ADA Coordinator for Florida Department of Transportation, the major funding source for the
project, stated that the Department will not approve the use or hard pack as a substitute for a
concrete or asphalt for any surface intended for use by pedestrians, cyclists, wheelchair users, etc.
These standards and interpretations are consistent with the policy used and accepted for the design of
similar public access facilities within the City, Furthermore, ADA compliance law has been
construed with fmancial incentives for plaintiffs. As a consequence, Cities are easy targets for
litigation and Miami Beach has been sued on numerous occasions for purported failures to comply
with ADA requirements. The City's intention to build fully accessible bicycle/pedestrian trail along
the dunes in the North Beach district is specifically cited in the City's Transition Plan for ADA
Compliance and has also been included as part of a Settlement Agreement from a previous ADA
compliance suit brought against the City. If the City were to develop the NBRC project with an
inaccessible segment embedded within the trail, it is very likely that the City would be faced with
another costly ADA compliance suit.
."
Page 5 of6
It was also determined that hard pack would not be suitable surface for use by persons using hard-
wheeled devices such as wheelchairs, bicycles, baby strollers, etc or for persons with mobility
impairments who use mobility aids such as walkers, canes or crutches to get around, because the
materials are too soft to support small and/or hard tires or the high point-loads incurred at the base of
mobility aids, which could create unsafe conditions whereby users may be caused to fall and injure
themselves. The changes in surface elevation that will occur at the points of transition from the
paved to unpaved sections of the trail would also be potential trip & fall hazards for trail users. The
increased risk of personal injury that would be result from the use of hard pack would create an
added liability for the City.
Disrupting the project with a 600 foot long, unpaved section in the middle of the 3.5 mile long trail,
would substantially undermine the functionality and continuity of the entire project, and would serve
to disadvantage the disabled and mobility impaired individuals within our community unless an
approved alternative were to be constructed that addressed the continuity and ADA issues.
In discussions with the owner/developer of the 11 vacant lots about the ADA issues and how to
maintain a continuous corridor, a series of solutions and conditions were discussed that might allow
the ADA issue to be addressed and to enable the hardpack surface to be incorporated into the design.
The issues and understandings are as follow:
. Hard surface trail; In order to provide an ADA compatible link in the corridor it was agreed
that a concrete trail might be constructed to link Altos Del Mar Park and 79th Street via
Collins Avenue.
The construction of the trail link along Collins Avenue would likely displace the existing
parking lane. The loss of the parking lane would provide a different ROW section for
Collins Avenue that the City may have to deal with in the event a two way traffic plan is
implemented on Collins Avenue in this section.
. ADAindemnity; The owner/developer and or a special tax district would agree to indemnify
and hold the City harmless from any lawsuits that might be filed on ADA issues for the
hardpack surface trail.
. Maintenance costs; The owner/developer and or a special taxing district would agree to pay
the incremental increase of maintenance associated with the hardpack trail. As the exact price
is unknown, this proviso is with the understanding that the residents and or owner/developer
could opt not to pay for the increase in maintenance costs if the price is determined to be too
high. The City would then proceed to build the planned concrete beach walk adjacent to the
dunes.
. The hardpack trail behind the homes in Altos Del Mar would remain a 10' width, with the
bollard lighting and set back as proposed by the City in the design option with a concrete
surface.
.'
Page 6 of6
As the possible design modifications were reviewed internally, the Building Department repeated its
concern that the project even as amended to address a hardpack element would inappropriately
disadvantage the disabled community. As such the Building Department would not issue a permit
for this segment.
In light of the Building Department's view, there is no possible way to address or incorporate a
hardpack surface element into the project and the concept is recommended to be rejected.
The beachfront area in which the NBRC will be developed is public land and should be open and
accessible for the use and benefit of the entire North Beach community. As designed and amended,
the corridor represents a significant new recreational and transportation amenity that is widely
desired and strongly supported by the larger community. Development of the corridor will bring
about the revitalization of the blighted zone that exists along the dunes throughout the North Beach
District and will also significantly enhance property values and the quality of life for the entire
community.
The corridor as designed is sensitive to the adjacent property owners and reflects a unique design
that is different from the balance of the corridor, while still addressing the larger community benefit.
The Administration recommends the Mayor and City Commission approve the amended design
plans as presented for the Altos Del Mar segment of the North Beach Recreational Corridor Project.
JMG:RCM:FB:BH
T:IAGENDA\2003\apr3003\regullll\NBRC-AJIOS del Mar Segment.com.doc