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LTC 289-2008 Commission Discussion on Bayshore Homeowners Mitigation Measuresm MIAMIBEACH ~.. ~''~ s..,. ~ ..~, s oOI LTC # 2891 OM8NAGER LETTER T~~$~M~IS~ON CIT`E` ~;~s 6'S C~~ ~C~_ TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: November 5, 2008 SUBJECT: Commission Discussion on Bayshore Homeowners Mitigation Measures This letter to Commission is to address a list of issues raised by the Bayshore Homeowners Association (BHOA) about certain mitigation measures on Prairie Avenue related to the High School construction. A copy of the City Commission After Action for the meeting on March 14, 2007 is . included as background information. It was at this Commission meeting that the specific mitigation measures were discussed and approved. Also attached is the Commission memo on the item that provides more complete background. The items identified in the November 3, 2008 discussion agenda item are listed below: • Enforcement signs and surveillance that the drop off lane is used correctly and not abused after hours. • The landscaping along the swale next to the roadway needed to prevent vehicles from parking in the swale. • Continue the repaving of Prairie Avenue until 28th Street. • The narrowing of the intersection at Dade Boulevard and Prairie Avenues and the landscape/welcome sign. • The gate to the School parking for special events off of Dade Boulevard. • The areca palms along the Par 3 chain link fence to screen cars, etc. • The promised trees along the swale. The City Commission motion inclusive of the approved mitigation elements is below with the status of each of the items: Resolution No. 2007-26478 adopted. Motion made by Commissioner Gross to approve the resolution and the amended Interlocal Agreement to reflect that the City will pay for approximately six (6) light shields in the High School teacher parking lot and that the City will pay for the construction of a special event access gate to the teacher parking lot from Dade Boulevard from Parking Funds that are to be reimbursed in full by applying revenues shared with the High School for use of the lot. Commissioner Gross further moved that: Upon construction of the Prairie Avenue drop lane, sign the area as no parking. • Status: The area has been signed and enforcement is provided by the Parking Department. LTC No. 289-2008 Page 2 of 4 2. Either as a stand alone project or as part of the CIP neighborhood project, as determined most appropriate by the administration, extend the Prairie Avenue road width reduction of 20' northward on Prairie Avenue from the terminus of the Board improvements to the intersection at 28th Avenue. • Status: Before the City Commission directed the construction of approximately 2 million dollars of drainage improvements on Prairie Avenue, the City had planned to coordinate the paving of the entire section of Prairie Avenue from Dade Boulevard to 28th Street. When the drainage improvements were directed, road improvements were isolated only to the section that the City was working on in Prairie Avenue. To date the drainage in road construction is completed and the asphalt has been placed on Prairie Avenue from Dade Boulevard to 23rd Street. In the next 30 days the pump station work for the drainage system is expected to be completed, which then completes the City work. The balance of the roadway repaving will be done as a part of the neighborhood improvement program. 3. Plant appropriate tree or landscape materials on the border between the Par 3 and the School. • Status: The City has coordinated a design with residents and has the work scheduled in a current landscape contract. Work is expected to be completed in about 3 weeks. The plant material is a mixture of native species. 4. Determine if traffic engineering and County support can be obtained for changes to the intersection of Dade Boulevard and Prairie Avenue to reduce the overall amount of pavement in the intersection and to introduce landscape material in an existing traffic island. If supported, identify a funding source and pursue the intersection improvements. • Status: As indicated at the time of the City Commission approval of mitigation measures, neither of these two projects was provided a commitment by the City. The language in the Commission approval indicates that if engineering support can be secured, a source of funding would then be pursued. These projects have not been identified in the neighborhood BODR and need to be both scoped out and designed. As the Commission is aware, competition for resources is much more intense than several years ago. As the projects are relatively small in nature, and we believe can be permitted, if the Commission would like the projects to proceed, it is appropriate to request that the Public Works Department identify the items in the work plan for the next fiscal year to compete for funding with other capital projects. 5. Upon completion of the Prairie Avenue improvements, add low shrubbery in the swale area in a manner that will not interfere with drainage or necessary maintenance of the area. • Status: The BHOA asked for landscape material in the swale, but the item was not included in the City Commission approval. As requested by the BHOA, the landscape would have been difficult for the City to maintain and was not seen as necessary with the tree planting promised by the School LTC No. 289-2008 Page 3 of 4 District on the east side of Prairie Avenue. The City did commit to a row of low plants at the base of the retaining wall on the east side of Prairie Avenue in order to help screen the wall from residents. The City has taken the lead in designing both the screening plants and the required tree plantings in the swale identified as the last item on this list. As indicated below the design is completed and needs to be reviewed by BHOA and School representatives. 6. In coordination with and consistent with the planned CIP neighborhood project for the Bayshore neighborhood, determine if traffic calming measures are warranted and which, if any, are appropriate at the intersections of 23rd and Prairie Avenue and 23rd and Meridian Avenue. Funding will be from either from the CIP neighborhood project budget or a different source to be identified by the Administration to design and build the indicated traffic calming measures; seconded by Commissioner Bower; Voice vote 6-0; Absent: Mayor Dermer. Status: The Clty is in the process of completing the test phase of the Traffic Calming Program. When completed, these street sections can be evaluated to determine if traffic calming measures are appropriate. In the motion, two items were added that were not listed. Light shields and a special event access gate from the Dade Boulevard bus lane. Status of Light Shields: The School District could not fabricate a shield to add to the existing light fixtures in the parking lot. The School agreed to address the concerns operationally by turning all but necessary security lighting off at night. Status of Special Event Gate: The City committed to build, with School approval, an access gate from the Dade Boulevard bus lane into the High School Parking Lot using revenue that it derived from special event parking in the lot as a funding source. Funds that would have gone to the PTA/School on a pro-rata basis would have been used to build the gate. The School District has indicated that the gate requires a permit from their building official and that they now read the State Code as applied to Schools not to allow a curb cut to serve as the access point. The School District has indicated that only temporary ramping is permissible to serve the access, which to date the City has not found a practical manner to address. The City will continue to attempt to build the gate, however, the School has been less receptive to the access. The School is requiring a formal permit issuance by their Building Official. The City will continue to try to work through this process if a feasible design can be developed. While not a part of the approval of this item, the School also agreed to place landscaping on the swale area on the west side of the High School site. Status: The School District promised to plant trees along the east side of the swale on Prairie Avenue. This item received extensive discussion during the mitigation considerations. The design for the tree planting has been revised and tree material sized to fit the area that was available and not to conflict with utilities already installed. The new landscape design includes more screening than originally anticipated and needs to be reviewed both with the LTC No. 289-2008 Page 4 of 4 BHOA and the School District. The City will coordinate these meetings. The School has indicated they will fund plantings as approved in their budget; however, the School budget has not yet been reconciled against the new design. The planting in the swale area can not be completed until the School District finishes their construction in the swale, which includes sidewalks and finishing the drop off area. With the landscape design completed, coordination with the School on the completion of their construction elements can commence and the meeting to discuss the work is expected to be within a week. The City is prepared to follow the School construction when it is completed. A School representative has been invited to comment on the project status and on the construction schedule. The Clty has completed the most significant part of its committement, which was the completion of a 2 million dollar drainage systyem and the narrowing and repaving of the roadway. This improvement made a dramatic change in the neighborhood and was accomplished by the City in a very short time frame. Most other elements to be performed by the Clty are in place to complete (Par 3 fence landscape) or to proceed to the next phase of implementation (landscape on Prairie Avenue). Unfinished School work is now able to proceed to construction. The access gate remains a challenge that the City will continue to try to address with the School Dlstrict. JMG:RCM:rm F:\cmgr\$ALLILTC-08\LTC Bayshore Mitigation measures.doc Afteraction March 14, 2007 City of Miami Beach MIAMIBEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 14, 2007 Mayor David Dermer Vice-Mayor Michael Gbngora Commissioner Matti Herrera Bower Commissioner Simon Cruz Commissioner Saul Gross Commissioner Jerry Libbin Commissioner Richard L. Steinberg City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Robert E. Parcher Visit us at www.miamibeachfl.govfnr agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the Clty Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk 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 Clty 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. Special note: In order fo ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to the alternate meeting date which will only be held if needed. In addkion, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. PA1 Presentation by the Housing Authority of the City of Miami Beach. PA2 W-Certificate of Appreciation/Alan Mishael, Florida's Children First. (Gbngora) PA3 Certificate of AppreciatioNSteven N. Adkins, Miami-Dade Gay & Lesbian Chamber. (Gbngora) PA4 Certificate of AppreciatioN(4) Volunteers for the Winter Party Festival in Miami Beach. (Gbngora) PA5 New Item: Certificates of Apprec./(5) Individuals for Helping w/ City's 92nd Anniversary. (Dermer) PA6 New Item: Proclamation/MB Historical Assoc., Sponsorship for City's 92nd Anniversary. (Dermer) PA7 New Item: Procamation/Rhythm Foundation for Outstanding World Music. (Libbin) C2A Approve ITB No. 27-06/07, Construction Services for North Beach Recreational Corridor. C4A Ref: NeighborhoodslCommunity Affairs Comm. -Lights in Pine Tree Park. (Gross/Gbngora) C46 Ref: Neighborhoods/Community Affairs Comm. -Landscape at 515 & Pinetree. (Gbngora) C4C Ref: Finance & CW Projects Comm. -Administrative Financial Operating Procedures. (Dermer) C6A Report: G.O. Bond Oversight Committee Meeting on February 5, 2007. C66 Report: Land Use & Development Committee Meeting on February 12, 2007. C7A Appropriate Funds, Electrical Upgrades & Miscellaneous Work at 17"' Street Parking Garage. C76 Execute Amendment, Bike Lanes on Alton Road, South Pointe Drive, & Ocean Drive. C7C Accept Recommendation, Citywide Geotechnical & Laboratory Testing Services. Prepared by the City Clerk's Office Page 1 of 39 C:1Documents and Settings\cmgrmidblLocal Settings\Temporary Internet Files\OLK3A6\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach C7D 5:00 p.m. Approve Agmt, Enhancements on Prairie Ave. between Dade Blvd. & 28th Ave. C7E Set First Public Hearing, Development of "5th & Alton" Project. C7F Issue Certification of Consistency, HACMB Annual Plan for FY 2007. C7G Approve Funds, (34) Rental Housing Units for Elderly Program-Eligible Persons. C7H Execute SHIP Program Agreement, Affordable Housing Rehabilitation. C71 Accept Recommendation, Counselors to Deliver a Structured Social Skills Curriculum. C7J Accept Recommendation, Financial Advisory Services. C7K Grant Easement, Install Traffic Signalization Equipment (Dade Boulevard & Purdy Avenue). C7L Approve Purchase, GIS Site License from ESRI. C7M Assign Commercial Waste Collection Franchise of BFI to Waste Services of Florida. C7N Ratify Emergency Agmt, Construct Protective Slab Above Sanitary Sewer Force Main. C70 Waive Space Rental Charges, BOTS IQ Competition Held April 12-15, 2007 at MBCC. C7P Ratify Amendment, Provide Interconnection of Water Mains on Indian Creek Drive. R2A Approve ITB No. 21-06/07, Normandy Shores Golf Course Improvements. 230 R2B Approve ITB No. 26-06/07, South Pointe Park Improvements Project. 283 R5A 10:15 a.m. 2nd Rdg, Open Space Ratio in RPS Districts. 5l7 R5B 10:20 a.m. 2"d Rdg, Interim Procedures. 517 R5C 5:00 p.m. 2"d Rdg, OpeNCont. Amend Single-Family Residential Districts. 5/7 R5D 1'~ Rdg, Occupational License Tax. R5E 1~ Rdg, Amend No.789, Classified Employees Salary Ordinance, (IAFF). R5F 1`~ Rdg, Amend No. 1335, Classified Employees' Leave Ordinance, (IAFF). R5G 1~ Rdg, Procedure for Variances & Administrative Appeals. 5/7 R5H 1"r Rdg, Administration & Review Procedures for Board Memberships. 5/7 R51 1`r Rdg, Street Performers & Art Vendors. R7A 10:00 a.m. Accept Recommendation of the RDA for Workforce Housing. R76 10:25 a.m. 2nd Rdg, Conform Dates of 5"' l;< Alton Development & Alley Vacation Agmts. R7C 10:45 a.m. Ap~rove Closing of Lincoln Road to Vehicular Traffic. R7D 10:45 a.m. 2 Rdg, Consider Approval, Improvements to Lincoln Road Mall. R7E Ratify a (3) Year Labor Agreement with IAFF Local 1510, Oct. 1, 2006 -Sept. 30, 2009. R7F Adopt BODR, West Avenue-Bay Road Neighborhood 11 B ROW Improvement Project. R7G Approve RFP No. 34-05/06, Provide Unarmed Security Guards Services. 573/SM R9A Board & Committee Appointments. R9A1 Board & Committee Appointments -City Commission Appointments. R961 1:30 p.m. Dr. Stanley Sutnick Citizen's Forum. R962 5:30 p.m. Dr. Stanley Sutnick Citizen's Forum. R9C Discuss: Implications of the Property Tax Reform Proposals. R9D Discuss: Pedicab Regulation. City Attorney's Status Report. Parking Status Report. Status Report: Rehabilitation & Construction of the New Fire Station No. 2. Status Report: Construction of Fire Station No. 4. Status Report On The Normandy Isle Park And Pool Project. Informational Report: Federal, State, M-DC, U.S. Communities & All Existing City Contracts. REDEVELOPMENT AGENCY ITEMS -10:00 A.M. 1A Report: Itemized Revenues/Expenditures of RDA's City Ctr. & S. Pointe for January 2007. 2A Appropriate Funds, Improvements to Lincoln Road Mall by UTA Management, LLC. 26 Appropriate Funds, Provide Funds to MBCDC for Purchase of (3) Properties. Prepared by the City Clerk's Office Page 2 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3AB\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms; Authorizing The Administration To Negotiate Professional Services Agreements Pursuant To Request For Qualifications (RFQ) No. 04-06/07, For Citywide Geotechnical And Laboratory Testing Services, On An As Needed Basis For The City Of Miami Beach; And Further Authorizing The Mayor And City Clerk To Execute Professional Services Agreements Upon Completion Of Successful Negotiations With Any Or All Of The Following Five (5) Firms: 1) Professional Services Industries (PSI); 2) Mactec; 3) Nutting Engineers Of Florida, Inc.; 4) Universal Engineering Sciences; And 5) Geosol, Inc. (Capital Improvement Projects/Public Works) ACTION: Item withdrawn. Handout or Reference Materials 1. Letters from Gus Lopez, Procurement Director, dated March 9, 2007, to Alexander A. Hockman, Bureau Veritas North America, Inc d/b/a Intercounty Laboratories - USL, Inc, Gary Elzweig, Capri Engineering, Oracio Riccobono, Geosol, Inc., A.S. Kumbhojkar, HP Consultants, Inc., David D. Scott, HAS Engineers & Scientists, Thomas J. Kaderabek, Kaderabek Company, G. Thomas Mc Daniel, Mactec, Leila Nordase, Nodarse & Associates, Inc., Richard C. Wohlfarth, Nutting Engineers of Florida, Inc, Sam Fernandez, PSI (Professional Service Industries), Peter G. Read, Universal Engineering Sciences, and Dan Hart, Williams Earth Sciences, 2. Email from Maria Estevez, Procurement Coordinator, to MichaelbCa~nodarse.com, dated March 13, 2007, RE: RFQ 04-06/07 Geotechnical And Laboratory Testing -Cone of Silence Supplemental Materials -Resolution and Interlocal Agreement 5:16:21 p.m. C7D A Resolution Approving An Interlocal Agreement Between The City Of Miami Beach And The School Board Of Miami-Dade County, Florida, Providing For Certain Easements And The School Board Construction Of Improvements On City Right-Of-Way, And Providing Direction To The Administration On Certain Other Right-Of--Way Enhancements On Prairie Avenue Between Dade Boulevard And 28th Avenue. (City Manager's Office) ACTION: This item separated by Commissioner Gross and set for atime-certain of 5:00 p.m. Resolution No. 2007-26478 adopted. Motion made by Commissioner Gross to approve the resolution and the amended Interlocal Agreement to reflect that the City will pay for approximately six (6) light shields in the High School teacher parking lot and that the City will pay for the construction of a special event access gate to the teacher parking lot from Dade Boulevard from Parking Funds that are to be reimbursed in full by applying revenues shared with the High School for use of the lot. Commissioner Gross further moved that: 1. Upon construction of the Prairie Avenue drop lane, sign the area as no parking. 2. Either as a stand alone project or as part of the CIP neighborhood project, as determined most appropriate by the administration, extend the Prairie Avenue road width reduction of 20' northward on Prairie Avenue from the terminus of the Board improvements to the intersection at 28tH Avenue. 3. Plant appropriate tree or landscape materials on the border between the Par 3 and the School. 4. Determine if traffic engineering and County support can be obtained for changes to the intersection of Dade Boulevard and Prairie Avenue to reduce the overall amount of pavement in the intersection and to introduce landscape material in an existing traffic island. If supported, Prepared by the City Clerk's Office Page 11 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3AB\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach identify a funding source and pursue the intersection improvements. 5. Upon completion of the Prairie Avenue improvements, add low shrubbery in the swale area in a manner that will not interfere with drainage or necessary maintenance of the area. 6. In coordination with and consistent with the planned CIP neighborhood project for the Bayshore neighborhood, determine if traffic calming measures are warranted and which, if any, are appropriate at the intersections of 23~d and Prairie Avenue and 23~ and Meridian Avenue. Funding will be from either from the CIP neighborhood project budget or a different source to be identified by the Administration to design and build the indicated traffic calming measures; seconded by Commissioner Bower; Voice vote 6-0; Absent: Mayor Dermer. Robert Middaugh to handle. ' Robert Middaugh, Assistant City Manager, gave a brief history of this project. He explained that at a series of community meetings and as a result of the meetings the school agreed to incorporate changes into the plan such as the estate fence, landscaping on the school side of the fence, and landscape on the swale side of Prairie Avenue. Also at that time, two easements were approved; one to provide access to the Fire Department and Public Works yard, and one to provide a bus drop-off lane on Dade Boulevard. The construction was allowed to continue and for the last eight months the City has been meeting routinely with school and neighborhood representatives to goover the design, concerns, issues and questions. There are two areas that need to be decided today; one the Interlocal Agreement, and the second are issues that are concems of the neighborhood but should not be on the Interlocal Agreement. The Administration is looking for direction on these issues. He stated that the two easements are not controversial and are in the Agreement. Most of the concerns are due to the improvements that are being made to Prairie Avenue: 1) the width of Prairie Avenue will be reduced by eight feet, 2) a drop-off lane constructed on part of Prairie Avenue, 3) landscape enhancement and tree barrier on Prairie Avenue, and 4) the City has agreed to sign the drop-off area as "no parking." All of the issues are addressed in the Interlocal Agreement. The other outstanding issues are on page 80 of the agenda materials; 1) sign as no parking the Prairie Avenue drop lane, 2) extend the Prairie Avenue road width reduction of 20' northward from the terminus of the Board improvements to the intersection of 28th Avenue, 3) in conjunction with the renovation of the Par 3 golf course ,plant appropriate tree or landscape material consistent with the renovation plan of the Par 3 golf course, 4) determine if County traffic engineering or County support can be obtained for changes to the intersection of Dade Boulevard and Prairie Avenue to reduce the amount of pavement at the intersection and introduce landscape material, 5) upon completion of Prairie Avenue add shrubbery in the swale area that will not interfere with drainage, and 6) determine if traffic calming measures are warranted and which, if any, are appropriate at the intersection of 23~d and Prairie Avenue. These are the issues and they can be done with the authorization of the City Commission. Commissioner Gross asked Mr. Middaugh to explain about the glare from the lights. Robert Middaugh, Assistant City Manager, explained that there are two items that the City and Board tentatively agreed to; 1) the potential to construct a temporary point of access for special events and 2) to minimize glare from the light fixtures in the parking lot. It was suggested to tum the lights off when there is no activity at the school. If turning off the lights is a problem, then provide a shield on the lights. John Corey, President of the Homeowners Association, gave a presentation and went over the points that concern the neighbors;1) items that are ambiguous in the Interlocal Agreement, 2) items that are ambiguous or missing in the Resolution, and 3) items that are missing from the School Board and the County commitment regarding the lighting and access to the parking lot. John Corey, President of the Homeowners Association: Items that are ambiguous in the Interlocal Agreement. Prepared by the City Clerk's Office Page 12 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3A6\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach Item No.1: In the Interlocal Agreement the parent drop off will be stamped with decorative asphalt pavement and this goes against to what the Interlocal written document says. Some of the exhibits specify decorative asphalt pavement. Commissioner Gross requested answering to the items one by one, and to address the issue of the asphalt. Robert Middaugh, Assistant City Manager, stated that the written words in the Interlocal Agreement specify pavers and that is the controlling document, the exhibit will conform to that but the exhibits will be changed. Robert Middaugh to handle. John Corey, President of the Homeowners Association: Item No. 2: The resolution and the Interlocal Agreement differ on the estate fence. The resolution states that the fence surrounds the entire school property and the Interlocal Agreement states that it will be along Prairie Avenue. Robert Middaugh, Assistant City Manager stated that the Interlocal Agreement deals with improvements with Prairie Avenue, but it is his understanding that the estate fence will continue not just on Prairie but along the side on Dade Boulevard. Debbie L. Fields spoke. Jose Murguido, from Zyscovich Architects, explained in reference to item No.2, that in general the estate fence runs along Prairie Avenue and terminates at the end of the building and this was discussed at the community meetings in June 2004. In addition the estate fence wraps around Prairie Avenue and Dade Boulevard and ties into the school at the drop off area. Along the remainder of Dade Boulevard there is no fence because the building is the barrier between the public right-of-way and the school grounds. Along the back on the east side there is a masonry wall and that completes the enclosure of the school. Along the water plant area there is the chain link fence. At the entrance to the school, there are estate type fence gates. John Corey, President of the Homeowners Association: Item No. 3: If the estate fence is not going to entirely wrap around, it is important that there be some type of screening. On the issue regarding reducing the width of Prairie Avenue to eight (8) feet, in the Interlocal Agreement there is no beginning or ending point. The community would like to see the reduction all the way to the entrance from 28th Avenue and all the way to the Par 3 golf course, so there is no confusion. Robert Middaugh, Assistant City Manager, stated that the City is in agreement. The funding needs to be identified and the traffic analysis needs to be done, but he needs the authorization of the City Commission. Robert Middaugh to handle. Commissioner Libbin stated that the City Commission wants this done as part of the improvements in that area. Commissioner Gross asked exactly when this will be done. Victor Alonso, Construction Manager for Miami-Dade County School Board, stated that it will be done at the City's expense by their contractors. John Corey, President of the Homeowners Association: Items that are ambiguous or missing Prepared by the City Clerk's Office Page 13 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3AB\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach in the Resolution: Item No.1:The signage on the drop-off zone does not mention a tow away zone. Robert Middaugh, Assistant City Manager, stated that this item does not belong in the Interlocal Agreement and since the resolution adopts the Interlocal Agreement it is not in the resolution. He suggested that the language "tow away zone" be added as City Commission direction in addition to the motion to approve the resolution. Robert Middaugh to handle. Jorge Gonzalez, City Manager, stated that the Parking Department should decide on the language for the signage. Saul Frances, Parking Department, stated that legally and technically the sign does not need to say tow away zone. If it is an area where they will tow away from, they will post it as a tow away to provide that notice. Jorge Gonzalez, City Manager, suggested using the typical language used by the Parking Department. Saul Frances to handle. John Corey, President of the Homeowners Association: Item No.2: No mention of the existing street lights. He needs to know if the lights are going to be moved. Robert Middaugh, Assistant City Manager, stated that the existing lights are not going to be moved, they are not affected. John Corey, President of the Homeowners Association: Item No.3: There is no mechanism for keeping the cars off the swale. How is the City addressing this? Robert Middaugh, Assistant City Manager, stated that because of the drainage characteristics of Prairie Avenue the City is insisting that there will not be a curb. The City thinks that they can keep people off the swale by posting the no parking signs. The City could use small concrete buttons if needed. Commissioner Steinberg regarding illegal parking suggested that during special events the City needs to be more aggressive in its enforcement, and suggested before the events, placing stakes and a chain/rope so people know that they cannot park on the swale. This is the same procedure followed for the golf course. Saul Frances to handle. John Corey, President of the Homeowners Association, requested that the City put pressure on the school on the following items: 1) the special event access gate to the teacher parking lot, and 2) the parking lot light pole shields to cut down on the glare. He requested deferring this item for one month until these issues are addressed. Robert Middaugh to handle. Commissioner Libbin stated that he does not think a deferral is necessary because the consensus is that a remedy can be provided to most of the items, with the exception of the intersection triangle which requires approval from the County. In reference to the gate, it is our understanding that the principal of the school does not object to it, and on the issue of the lights, the school does not object to a timer. Commissioner Steinberg stated that the graffiti on the schools driver's education class cars is an eyesore and he would like this taken care of as soon as possible. Prepared by the City Clerk's Office Page 14 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3A6\aa03142007 (2).doc Afteraction March 14, 2007 City of Miami Beach Victor Alonso, Construction Manager for Miami-Dade County School Board, continued with the overview of the project. He stated that for the two remaining items: 1) there are a total of 19 lights and the request is to place shield on all of the lights. These are customized shields at a cost of about $1,000 each but if the lights are replaced, it will cost a lot more. 2) on the issue of the gate on drop off on Dade Boulevard, technically they are not allowed by code to mix bus and drop off traffic with the parking, unless there are emergency gates only utilized when the school is in operation and there is a cost of minimum of $10,000. Dr. Jeanne P. Friedman, Principal of Miami Beach High School, spoke. The discussion continued on the lights. Jorge Gonzalez, City Manager, suggested that the City will pay for the six (6) lights facing Prairie Avenue. Robert Middaugh to handle. Johnathan Kroner spoke. Karen Rivo spoke. Anita Grossman, President of the PTA, spoke. Commissioner Bower suggested using parking funds to do the special event access gate at the front. She added that it would be better for the neighbors to have an entrance on Dade Boulevard instead of Prairie Avenue. Jorge Gonzalez, City Manager, agreed to use parking funds, and the revenues collected when the lots are used for the over-flow parking will go to pay back for the cost of the gate, and once that it is paid, the revenues get distributed as usual. Silvia Winitzky spoke. Ben Byrom spoke. Laurie Caballero spoke. Miguel Rosales spoke. Barry Miller spoke. Handout or Reference Materials: 1. Mitigation Measures for High School drop-off lane in City ROW from Bayshore Homeowners Association. C7E A Resolution Setting A First Public Hearing To Consider Amendment Two To The Development Agreement Between The City Of Miami Beach And AR&J SOBE, LLC, Approved On May 18, 2005, For The Development Of The Project Presently Refen'ed To As "5th And Alton". (Economic Development) ACTION: Resolution No. 2007-26479 adopted. Public hearing scheduled for April 11, 2007. R. Parcher to notice. Lilia Cardillo to place on the City Commission Agenda. Kevin Crowder to handle. City Clerk's Notes: Special Noticing Note: 1. Notice Special Commission Meeting in Neighbors and Meeting Notices 2. First Public hearing -Wednesday, April 11 A. At least 7 day notice in MH Local + mailer 3. Second public hearing -Wednesday, April 25 Prepared by the City Clerk's Office Page 15 of 39 C:\Documents and Settings\cmgrmidb\Local Settings\Temporary Internet Files\OLK3AB\aa03142007 (2).doc m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 14, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, PROVIDING FOR CERTAIN EASEMENTS AND THE SCHOOL BOARD CONSTRUCTION OF IMPROVEMENTS ON CITY RIGHT-OF WAY, AND PROVIDING DIRECTION TO THE ADMINISTRATION ON CERTAIN OTHER RIGHT-OF WAY ENHANCEMENTS ON PRAIRIE AVENUE BETWEEN DADE BOULEVARD AND 28T" AVENUE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Approximately two years ago, the School Board of Miami-Dade County (the "Board") commenced construction on improvements and expansions to Miami Beach Senior High School (the "School") in the City of Miami Beach. At that time, the City of Miami Beach learned that the Board had plans to make certain improvements on Prairie Avenue and on Dade Boulevard, both utilizing City property and/or City right-of-way without the previous approval of the City. The City asked the Board to cease construction activities until such time as the various issues could be reviewed and agreed upon between the City and the Board. The City staff met on a number of occasions with Board staff in order to review the improvements proposed on the School site. The City also hosted several community meetings in which the improvements were discussed and changes suggested. As a result of the City's intervention, the original Board plans for School site improvements were altered to incorporate several items that were intended to mitigate the impact of the School construction on the adjacent. neighborhood. Among the items which were incorporated into the site plan by the Board were: An estate fence at the perimeter of the School property on Prairie Avenue Landscape on the School side of the estate fence on Prairie Avenue in order to screen the parking lot and to act as a litter capture buffer • Enhanced tree plantings in the swale area adjacent to the estate fence on the City right-of-way on Prairie Avenue • The addition of a sidewalk on Prairie Avenue Within the same series of meetings, the City and Board also came to agreement upon a new bus lane on Dade Boulevard and a shared access to the eastern side of the School property and adjacent to Fire Station #2. Easement descriptions for both the improved bus lane on Dade Boulevard, as well as the shared access for the City and the Board at the east end of School property were to be incorporated into an Interlocal Agreement between the City and the Board. An issue which was in dispute at the time of the meetings to address the Board improvements was which party would be responsible for maintenance of landscape, specifically on Prairie Avenue. The Board position was that as the City had required the landscape, the City should then also be responsible to maintain the landscape. The City clearly stated its intention not to accept responsibility for the maintenance of the landscape improvements on Prairie Avenue. The Board proceeded to approve an Interlocal Agreement which incorporated all of the enhancements to Prairie Avenue discussed previously, as well as the two other easements for the bus lane and the shared eastem access. The version of the Interiocal Agreement which was approved by the Board included language that held the City responsible for maintenance of landscape on Prairie Avenue. As this language was not consented to by the City, the Interlocal Agreement was never presented for formal approval by the City Commission. In order that construction of the School not be delayed, the City consented to the Board proceeding with construction under the agreements reached between the parties as to easements and improvements on Prairie Avenue. It was further agreed that continued discussion would occur regarding the maintenance activities and that that particular item could be resolved at a later date. As construction progressed, the Board undertook several of its building and site improvements some of which included the removal of a number of trees on Prairie Avenue in preparation for construction of the planned Prairie Avenue drop off lane, the estate fence and required landscaping. This particular activity as well as the overall site construction activity triggered a new level of concern and interest among adjacent residents who through the Bayshore Homeowners Association (BHA) expressed their displeasure with planned improvements for the School both to the Board and to the City of Miami Beach. The renewed expression of concern by the BHA occurred in mid 2006 and since that point in time; the City and various BHA representatives and Board representatives have met to discuss the BHA concems and possible further mitigation efforts. While the BHA raised a series of concerns and questions about site improvements, the principle points of discussion and concem focused on planned Prairie Avenue improvements and specifically a parent drop off lane to be constructed adjacent to Prairie Avenue and the landscape treatment which would be finally implemented. The BHA concems were principally focused upon the visual and operating impact associated with the School and undertaking additional improvements to further mitigate what they believed to be a serious neighborhood impact. During the many meetings over the past several months, the BHA has submitted design suggestions and provided design drawings to illustrate both their concepts and the potential impacts of the mitigations suggested. Every item of concern which has been identified by 2 the BHA has in some form been reviewed and discussed among the parties. As recent as Tuesday, February 27th, City and Board representatives met with BHA representatives to review and discuss an eighteen point list of concems which the BHA had raised. The result of the Tuesday, February 27th meeting has been communicated directly to the City Commissioners by BHA representatives and at this point in time it appears as if agreement between the parties has been reached on measures to be included within an Interlocal Agreement between the Board and the City (copy attached). A number of items of concem need to be discussed with the BHA directly by the City; however, it has been agreed that these items are not appropriate to incorporate into the Interlocal Agreement and do not involve the Board. An item of concern that has been discussed principally between the Board, the City and the School PTA was the cost impact of changes to the School improvements in order to address the concerns of the BHA. The City and Board have agreed that of the improvements to be constructed on Prairie Avenue, the Board will assume cost responsibility for all accept the planned reduction in width and repaving of Prairie Avenue. The road expenses will be born by the City. This cost sharing arrangement has been agreed upon by the Board and as the result of the cost sharing will not have major and unmanageable impacts upon their construction budget. Key points within the Interlocal Agreement include: • Provisions for construction of a bus drop off area alon4 Dade Boulevard. The bus pull off area has already been constructed and was part of the original Interlocal Agreement. This has not been a controversial item and remains unchanged in this version of the Interlocal Agreement. • Shared access easement for the City on the east boundary of the School. The Interlocal Agreement provides for an access easement along the Schools eastern most boundary that will allow the City to access both Fire Station #2 and the Public Works Yard from Dade Boulevard. This item was in the original Interlocal Agreement and has not been controversial. • Prairie Avenue improvements 1) Prairie Avenue road width is to be reduced from the current width of 28 feet to a width of 20 feet (10 foot travel lanes in each direction). These improvements are to be paid for by the City. 2) Construction of a drop off lane adiacent to Prairie Avenue with provision for thirty one (31) vehicle spaces at locations as illustrated on the Attachment to the Interlocal Agreement. The drop off lane area is to be constructed of concrete pavers and has been reduced from its original proposal size of forty seven (47) vehicle spaces. These improvements are to be paid for by the Board of Education. 3) Landscape will be provided along the entire school property on Prairie Avenue with shade trees planted at twenty feet on center from a tree variety pallet including silver buttonwood, green buttonwood and other similar species. The balance of the Prairie Avenue swale area will be sodded and an irrigation system installed which will be conveyed to the City. Landscape on the School property adjacent to the estate fence remains unchanged and will be low growing shrubbery. It has been agreed that a mixture of buttonwoods and mahogany's will be planted within the parking lot bump outs. Maintenance for the street trees and the grass mowing will be borne by the City in the future. 3 • A decorative six foot estate fence on Prairie Avenue. This item remains unchanged from the original Interlocal Agreement. This is a Board expense. • A sidewalk is to be constructed adjacent to the paver drop off lane on Prairie Avenue and to connect to the school entry way. This item has been modified to reflect the new reduced size of the drop off lane. This is a Board expense. • Two paver crosswalks will be provided at 23~ Street and the north edge of the student parking lot. This is a Board expense. • While not a requirement in the Interlocal Agreement, the City has committed to signing the Prairie Avenue drop off lane "No Parking At All Times". Items that have been raised by the BHA for which continued discussion, specifically with the City and not appropriate to be included in the Interlocal Agreement include the following items: • A desire has been expressed by BHA to have the reduced Prairie Avenue Road width continue north to its intersection with 28th Avenue. The City has agreed that this is a reasonable expectation that will be incorporated either as a separate project or as part of planned CIP Neighborhood improvements. • The BHA has asked that the City consider plantings on the north fence line of the School property where it adjoins the Par 3 golf course. • The BHA has asked for modifications to the intersection with Dade Boulevard and Prairie Avenue so as to reduce the total pavement area and to introduce some landscape features. • The BHA has asked for traffic calming measures to be constructed on Prairie Avenue. Specifically a raised intersection at 23 Street and Prairie Avenue. This will be evaluated by the City as part of a traffic calming request and after an appropriate traffic analysis to assure that there will be no diversion of traffic or other inappropriate impacts of the traffic calming measure. • The BHA has asked that additional low shrubs be planted on the street side of Prairie Avenue between the drop off lane sidewalk and the estate fence to help screen the parking lot and reduce the impact of the drop off lane. • The BHA has asked the Board to attempt to further mitigate spilled over glare from the parking lot lighting fixtures. The Board has indicated their desire and willingness to turn the light fixtures off when the school is not in operation and as needed consider shielding. The light fixture operations may require both the consent and/or cooperation of FPL, as they are the owners of the parking lot light poles. • The BHA has also asked that a special access be provided to the Teacher/Visitor Parking Lot at its closest point of connection with the Dade Boulevard bus lane. This access would be used only in times of special event to facilitate parking managed by the PTA or others as a fund raiser and not associated with general school operations. The effect of the access would be to remove special event traffic seeking to park at the School from Prairie Avenue. The Board has agreed to undertake this access point if it can be designed without major impact to existing pedestrian and parking areas. CONCLUSION It is also very important to note that during the prolonged series of meetings and discussions regarding the School site improvements, at no point did any party question the need or benefit to the completion of a superb high school for our community. After a number of meetings spanning a two year period, the Board has moved to alter their planned site improvements to address a variety of BHA concerns and the BHA has also moved to compromise their desired improvements to that list which is presented for City 4 Commission approval. The result of the City Commission approval of the Interlocal Agreement with the Board will be to enhance the School project and provide a needed community benefit while being more sensitive of the adjacent impacts on City residents. It is recommended that the members of the City Commission approve the Interlocal Agreement as presented. In order to provide the best available resolution at this time of other neighborhood concems it is also recommended that the City Commission provide direction and intent for most of the outstanding issues. As many of the items will require engineering analysis and design, permits from other agencies, funding identification and coordination with other project work the City commitment can only go so far. Direction to the Administration to implement or pursue other items identified as concerns is recommended as follows: • Upon construction of the Prairie Avenue drop lane, sign the area as no parking. • Either as a stand alone project or a part of the CIP neighborhood project, as determined most appropriate by the administration, extend the Prairie Avenue road width reduction of 20' northward on Prairie Avenue from the terminus of the Board improvements to the intersection at 28th Avenue. • In conjunction with the future renovation of the Par 3 golf course, design of which to be determined, plant appropriate tree or landscape materials consistent with the renovation plan on the border between the Par 3 and the School. • Determine if traffic engineering and County support can be obtained for changes to the intersection of Dade Boulevard and Prairie Avenue to reduce the overall amount of pavement in the intersection and to introduce landscape material in an existing traffic island. If supported, identify a funding source and pursue the intersection improvements. • Upon completion of the Prairie Avenue improvements, pursue to the extent feasible, added low shrubbery in the swale area in a manner that will not interfere with drainage or necessary maintenance of the area. • In coordination with and consistent with the planned CIP neighborhood project for the Bayshore neighborhood, determine if traffic calming measures are warranted and which if any measures are appropriate at the intersections of 23'~ and Prairie Avenue and 23`~ and Meridian Avenue. Either from the CIP neighborhood project budget or a different source to be identified by the administration design and build the indicated traffic calming measures. While the BHA would like more certainty than is possible to express at this point in time, the suggested City Commission action gives the most assurance possible from the City. JMG\RCM\sam F:\cmgr\$ALL\BOB\I nterlocalAgreementCMB-MDSchoolBdcommemo.doc Attachments 5