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2009-27099 ResoRESOLUTION NO. 2009-27099 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE INSTALLATION OF A "DOG PARK" AT WASHINGTON AVENUE AND 2ND STREET; APPROPRIATING $60,836.00 FROM THE SOUTH BEACH QUALITY OF LIFE FUND -161 (TO BE REPAID IN THE FUTURE FROM THE SOUTH POINTE CAPITAL FUND 389) FOR THE DESIGN AND CONSTRUCTION OF THE DOG PARK AND AMENITIES; AND, SUBJECT TO APPROVAL FROM MIAMI-DADE COUNTY, AUTHORIZING MORNING OFF-LEASH HOURS BEFORE 9:00 AM IN THE TRIANGULAR AREA OF SOUTH POINTE PARK WEST OF WASHINGTON AVENUE AND SOUTH OF APOGEE FOR A SIX MONTH TRIAL PERIOD, WITH AN INTERIM REPORT TO BE SUBMITTED BY THE ADMINISTRATION AFTER THREE MONTHS. WHEREAS, at the January 28, 2009, City Commission meeting, the Administration requested the issue of dogs off-leash in City parks, and in other public properties in general, be referred to the Neighborhoods/Community Affairs Committee for discussion; and WHEREAS, subsequently, there have been on-going discussions at the Neighborhoods/ Community Affairs Committee meetings efforts to accommodate dogs off leash at South Pointe Park that have included the possibility of a fenced-in dog park, or an off-leash area, or limited off-leash hours concerning this issue; and WHEREAS, staff looked at options to accommodate dogs in the South Pointe area, including the expansion of the Washington Park dog park to include the park area adjacent to the old library, as well as locations at Marjory Stoneman Douglas Park; and WHEREAS, while large enough to accommodate a dog park at two sites, the Marjory Stoneman Douglas Park was not considered a preferred location; and WHEREAS, the Washington Park location was not initially pursued as the location was identified as a possible staging area for the upcoming South Pointe Streetscape Improvement project; and WHEREAS, at the most recent Neighborhoods/Community Affairs Committee meeting held on May 18, 2009, there was a discussion held and comments received by the public concerning dogs off-leash in South Pointe Park and the possibility of the creation of a dog park in South Pointe Park; and WHEREAS, at the May 18, 2009 Neighborhoods/Community Affairs Committee meeting, the City Attorney advised that off-leash areas not enclosed by a fence are not permitted pursuant to Sec. 5-20(d) of the Miami-Dade County Code; and WHEREAS, in addition to anon-enclosed off-leash area requiring amendment of the County Code, there were concerns about a general off-leash program; and WHEREAS, at the conclusion of the discussion at the May 18th meeting, the members of the Neighborhoods/Community Affairs Committee requested that staff pursue options for the former concept (fenced-in dog park) in South Pointe Park, in the area south of Apogee, and west of the Washington Avenue fountain/plaza; and WHEREAS, the initial estimated cost for this dog park in South Pointe Park, including the Design Review Board process, is estimated at $60,836.00; and WHEREAS, the funding source as recommended by the Administration is the South Beach Quality of Life Fund -161, to be repaid by the South Pointe Capital Fund 389; and WHEREAS, the funds must be appropriated for the program from the South Beach Quality of Life Fund -161; and WHEREAS, in previous meetings of the Neighborhoods/Community Affairs Committee the option of constructing a dog park at the open space area of Washington Avenue Park, located on the south side of the old Miami-Dade County library building, at 3rd and Washington was discussed; and WHEREAS, subsequent to the May 18, 2009 Committee meeting, the City and the contractor were unable to reach terms that would make the loss of use of Washington Park beneficial to the City and Neighborhood; and WHEREAS, as such, while the Committee did not consider this location at their meeting, it is provided at this time as a viable alternative to the dog park in South Pointe Park; and WHEREAS, it is anticipated that the construction costs for a dog park in Washington Avenue Park would be equal to or less than the South Pointe dog park, which is estimated at $60,836.00, and the same funding source (South Beach Quality of Life Fund -161, to be repaid by the South Pointe Capital Fund 389) could be used should this alternative location be utilized; and WHEREAS, the Mayor and City Commission approve a) the installation of a dog park at Washington Avenue and 2nd Street and b) subject to approval by Miami-Dade County, asix-month trial off-leash dog park area before 9:00 a.m. in South Pointe Park west of Washington Avenue and south of Apogee, with an interim report to be submitted by the Administration after three months. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the installation of a "Dog Park" at Washington Avenue and 2nd Street; the appropriation of $60,836.00 form the South Beach Quality of Life Fund - 161 (to be repaid in the future from the South Pointe Capital Fund 389) for the design and construction of a dog park and amenities; and further authorize, subject to approval by Miami-Dade County, morning off-leash hours before 9:00 a.m. in the triangular area of South Pointe Park west of Washington Avenue and south of Apogee for a six month trial period, with an interim report to be submitted by the Administration after three months. PASSED and ADOPTED this 3rd day. of : ,Ttane ~ ..20D9. ATTEST: ~1,~ ROBERT PARCHER, CITY CLERK MA I ERR WER MAYOR A~PR'b'1l~`~ ~'I~U F~P,~+ ~ t.~!!G~AG~ ~ ~?~ CIXTIO~I F:\atto\TURN\RESOS\South Pointe Park Dog Park Reso.doc Z 3 ~~ ~l~~C3itliiSt~ olo COMMISSION ITEM SUMMARY Condensed Title: A resolution authorizing the installation of a "Dog Park" in South Pointe Park and appropriating $60,836 from the South Beach Quality of Life Fund -161, to be repaid in the future from the South Pointe Capital Fund 389, for the design and construction of the dog park and amenities. rce mtenaea outcome su or<ea: Increase Satisfaction with Recreational Programs. Supporting Data (Surveys, Environmental Scan, etc Parks and Recreation appeared as one of the most important areas affecting resident's quality of life. Of the 79% of residents and 82% of businesses rated the overall quality of the recreational programs and facilities as excellent or good and 58% of residents stated that they go to recreational facilities a couple of times a month or more. More recreational opportunities appeared as one of the changes residents would make to make Miami Beach a better place to live work and play. Issue: Shall the Ma or and Members of the Ci Commission ado t this resolution? item summaryircecommenaation: The Neighborhoods/ Community Affairs Committee held a discussion concerning dogs in South Pointe Park at their May 18, 2009 meeting. At the conclusion of the discussion the Committee directed the Administration to proceed with the development of the enclosed dog parkin South Pointe Park. The Administration proceeded to prepare the concept plan and budget for the preferred location. The option of constructing a dog park at the open space area of Washington Avenue Park, located on the south side of the old Miami-Dade County library building, at 3rd and Washington was also discussed. Subsequent to the May 18, 2009 Neighborhoods/ Community Affairs Committee meeting, the City and the contractor were unable to reach terms that would make the loss of use of Washington Park beneficial to the City and Neighborhood. As such, while the committee did not consider this location at their meeting for the development of a dog park now, it is provided at this time as a viable alternative to the dog parkin South Pointe Park. The Administration recommends the discussion of this issue and approval of the resolution, or alternative direction be given. Adviso Board Recommendation: Neighborhoods/Community Affairs Committee on April 15, 2009 and May 18, 2009. Financial Information: Source of Amount Account Funds: ~ $60,836 South Beach Quality of Life Fund - 161 (to be repaid in the future from the South Pointe Ca ital Fund 389 2 3 PI Total $60,836 Financial Impact Summary: In addition to initial construction costs, there are annual maintenance costs associated with, among otherthings, pest control and sod replacement. The latter will be more costly at the South Pointe park location due to the paspalum grass. Estimated annual maintenance costs for a dog park this size with paspalum grass is between $18,500 and $24,500 de endin on the need for sod re lacement. Ci Clerk's Office Le islative Trackin Kevin Smith, Parks & Recreation Director Sign-Offs• Department Director Ass' ant ity Manager City Manager KS JMG T:WGENDA\2009Uune 3\Regular\South Pointe Park g Park Summary.doc n MIAMIBEACH AGEtJDA ITEM R,~ DATE 6-3-OR m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SATE: June 3, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE INSTALLATION OF A "DOG PARK" IN SOUTH POINTE PARK AS RECOMMENDED BY THE NEIGHBORHOODS/COMMUNITY AFFAIRS COMMITTEE, TO BE LOCATED IN THE AREA OF THE PARK WEST OF THE WASHINGTON AVENUE FOUNTAIN/PLAZA AND SOUTH OF APOGEE, AS DELINEATED IN THE ATTACHED CONCEPT PLAN (SEE ATTACHMENT); AND FURTHER APPROPRIATING $60,836 FROM THE SOUTH BEACH QUALITY OF LIFE FUND - 161 (TO BE REPAID IN THE FUTURE FROM THE SOUTH POINTE CAPITAL FUND 389) FOR THE DESIGN AND CONSTRUCTION OF THE DOG PARK AND AMENITIES. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME SUPPORTED Increase Satisfaction with Recreational Programs BACKGROUND At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off leash in City parks and other public properties in general, be referred to the Neighborhoods/Community Affairs Committee for discussion. Subsequently, there have been on-going discussions at the Neighborhoods/ Community Affairs Committee meetings concerning this issue. Prior to the closing of South Pointe Park, dogs had been using the park as an unsanctioned off-leash area. During construction, the City built the smaller Washington Park as an enclosed dog park. Following reopening ofthe Park, residents have requested a larger area for dogs to be allowed off-leash. Staff looked at options to accommodate dogs in the South Pointe area, including the expansion of the Washington Park dog park to include the park area adjacent to the old library, as well as locations at Marjory Stoneman Douglas Park. The Washington Park location was not initially pursued, as the location was identified as a possible staging area for the upcoming South Pointe Streetscape Improvement project. While large enough to accommodate a dog park at two sites, the Marjory Stoneman Douglas Park was not considered a preferred location. The most recent discussion was held at the Committee's May 18, 2009 meeting. At this meeting there was a discussion held and comments received by the public concerning dogs off-leash in South Pointe Park and the possibility of the creation of a dog park in South Pointe Park. South Pointe Park Doq Park Committee discussions to accommodate dogs off leash at South Pointe Park have included the possibility of a fenced-in dog park, or an off-leash area, or limited off-leash hours. The latter option was further researched, including programs in other cities and legislative limitations. At the May 18, 2009, Neighborhoods/Community Affairs Committee meeting, our City Attorney advised the Committee, Administration and public that permitting an off-leash area that is not enclosed by a fence would be in violation of Miami-Dade County Code Sec. 5-20 (d) which states "It shall be unlawful for a responsible party to allow, whether willfully or through failure to exercise due care or control, a dog to be unrestrained or to be at large in any manner in or upon public property"; Section 5-20(b) of the County Code, entitled "Regulations on dogs in public areas" further states "It shall be unlawful for a responsible party to allow, whether willfully or through failure to exercise due care or control, a dog into or upon any public park or beach in the county; provided, however, this provision shall not apply to parkways, wayside parks, or other park areas in which dogs are specifically authorized". Further, as stated in Section 5-25 (entitled "Municipalities authorized to adopt additional regulations"), "Any municipality may adopt and enforce additional regulations governing the control of dogs within the boundaries of such municipality; provided that any such municipal regulation shall not conflict with the provisions of this chapter." In addition to anon-enclosed off-leash area requiring amendment of both City and County Code, there were concerns about a general off-leash program. As such, the Committee requested that staff pursue options for the former concept (fenced-in dog park) should a dog park be considered at South Pointe Park. A location was identified on the southwest corner of the park south of the Apogee building and west of the Washington Avenue fountains. This area could accommodate both small and large dogs. The concept was presented to Committee on April 15, 2009 and approved, with a request that aesthetic improvements be considered for the proposed design. Specifically, there were concerns expressed that the fence enclosure affected the proposed design of the area. As you may recall, Hargreaves Associates, the architect for South Pointe Park, recommended against a fence enclosure in South Pointe Park. In response to the Committee's directive at their April 15, 2009 meeting, the Administration revisited the proposed location and conducted an analysis of the area for possible design improvements. Concerns expressed at the April, 2009, Committee meeting focused on the aesthetic impact of having the dog park fence line adjacent to the Washington Avenue entrance walkway. The attached rendering reflects a modified dog park area as presented at the May 18, 2009, meeting that is set back from the Washington Avenue walkway and is contoured to compliment the planting line of the palms in that green space. The proposed area encompasses 15,100 SF and would have an aluminum picket fence set back from the sidewalks and would be divided by a fence into two sections, one for larger dogs and the other for smaller ones. The site line of the fence is further softened by a hedge. The initial estimated cost for this program is $60,836. This cost includes the Design Review Board process, which is required for the development of a dog park at this location. Subsequent to the Committee's recommendation, arequest was made to the Administration to develop a modified concept that did not cross the walkway. Please note that this modification reduces the originally proposed site by approximately 4,050SF, which equates to a 27% reduction in space. Please also note that the recurring maintenance costs for a dog park at South Pointe Park have not been developed but are expected to be higher than other dog parks due to the higher replacement costs of the paspalum sod. Other Possible Alternative At the April 17, 2009 Committee meeting, an option was proffered to establish a dog park at South Pointe Park until such time as Washington Park became available, and at that time make Washington Park the dog park for this area. This recommendation was premised on the anticipated unavailability of Washington Park for at least 18 months. As proposed, this site would compliment the current dog park at the Washington Avenue Park (RDA) area located diagonally across the street on Collins and 2"d Avenue, and would permit the separation of the larger dogs (in the new, bigger area on Washington and 3`d) and the smaller dogs who would continue to utilize the existing Washington Avenue (RDA) dog park. Subsequent to the May 18, 2009 Neighborhoods/Community Affairs Committee meeting, the City and the contractor were unable to reach terms that would make the loss of use of Washington Park beneficial to the City and Neighborhood. As such, while the committee did not consider this location at their meeting, it is provided at this time as a viable alternative to the dog parkin South Pointe Park. To assist in considering this alternative, please note the following information: • The South Pointe Park site as proposed is approximately 15,100 SF (0.35 acre). • The Washington Avenue Park (additional site) as proposed is approximately 21,800 SF (0.50 acres depending on final approvals of the Planning Department). • This site, in addition to the existing RDA dog park (which is approximately 6,500 SF) brings the potential total SF of the Washington Avenue dog park (inclusive of both sites) to 28,300/0.65 acres. By comparison, the Flamingo dog park is 0.53 acres, Pine Tree is 0.51 acres and Belle Isle is 0.24 acres. If approved, the Washington Park option would create the largest dog park in our inventory. It is anticipated that the construction cost of the Washington Avenue dog park would be equal to or less than the South Pointe dog park ($60,836) and may not require the Design Review Board process. The Planning Department is reviewing the potential site plan to determine if Historic Preservation Board review is required. FUNDING Funding for the South Pointe Park Dog Park project will be appropriated from the South Beach Quality of Life Fund -161, to be repaid in the future from the South Pointe Capital Fund 389. If it is the Commission's directive to relocate and construct the Dog Park in Washington Avenue Park, the same funding source would be used. It is estimated the cost of the Washington Avenue Dog Park will be equal to or less than the South Pointe Park dog park (projected to be $60,836). As previously noted, annual maintenance costs have not been developed, but are anticipated to be higher at South Pointe Park than other dog parks (or a dog park at Washington Park) due to the paspalum sod. CONCLUSION Options have been presented to provide an enclosed off-leash area for dogs in South Pointe. Based on the anticipated unavailability of Washington Park, a proposed enclosed dog park had been designed for South Pointe Park and presented to Committee; the Committee considered and approved the modified site plan for South Pointe Park. This area has been designed to address aesthetic concerns to the extent possible. Subsequently, the Washington Park location has become immediately available for conversion into a dog park. This location would compliment the neighboring dog park and, combined, provide the largest dog park in the City. In light of the ongoing maintenance costs associated with a dog park (including the higher than usual costs at South Pointe Park due to the paspalum grass), developing and maintaining both a large Washington Park dog park and South Pointe Park would not be recommended. In response to aesthetic concerns, size limitation, and cost to build and maintain, it would appear that a dog park at Washington Park might provide for better amenities for the community. However, as the information regarding the availability of this site was not available until after the committee meeting, neither the committee nor community has had an opportunity to discuss this alternative. JMG/HMF/KS T:WGENDA\2009\June 3\Regular\South Pointe Park Dog Park Commission Memo.doc .. 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Via. t ~ ~ ~ y Fji~ ~ ~ ~ ~ ~ U d 'Gas i' ~.~ ~^ ~ ~-.~ ~ ~ ' ~ N '~ V ~_ ~ ~ ~, ~ / ~ ~~ ~'j 99><< ff _ ~'~po ~ ~ `~\ 1 l i~ s ~ s ~~~ I ~ ~~ ~ gz Y ~ ~a~ 3 O ~€ ~ i J ~ o ~ ~ O b C Z u c - o~ 80 ~ ~ F m Q a ~ ~~ ~ W O z ~ vw a~ C row W S ~ W ~ DO ya K a _:.! !S~ ~~ ~I PARKS RECREATION DEPARTMENT SOUTH POINTE PARK DOG PARK South Pointe Park Fenced Dog Park Option '1' -with pathway QTY UNIT UNIT PRICE ITEM TOTAL SUBTOTAL DEMOLITION SOD REMOVAL FOR SHRUBS 500 SF $1.00 $500.00 $500.0 FENCE 5-FT HIGH ALUMINUM PICKET FENCE 690 LF $45.00 $31,050.00 (2) SINGLE GATES, CORRAL ENTRANCE 2 EA $450.00 $900.00 (2) 10' WIDE DOUBLE GATES FOR MOWING 2 LS $450.00 $900.00 $32,850.00 HARDSCAPE INSTALL ADA COMPLIANT SURFACE FOR BENCH PADS 60 SF $6.00 $360.00 $350.00 PLANTING EST. REPLACEMENT TURF -DAMAGED DURING CONST. 200 SF $0.35 $70.00 PLANTING BUFFER AROUND FENCE PERIMETER WHERE 332 3 GAL $15.00 $4,980.00 THERE IS NO ADDITIONAL PLANTINGS- 3 GAL SHRUBS 4' OA - 7 GAL AT $90.00 EACH INSTALLED $5,050.00 IRRIGATION IRRIGATION SYSTEM FOR TURF 1 LS $1,500.00 $1,500.00 $1,500.00 FURNISHINGS DOG WASTE STATIONS 2 EA $150.00 $300.00 BENCHES 5 EA $600.00 $3,000.00 DOG DRINKING FOUNTAIN WITH SERVICE CONNECTION 2 EA $2,600.00 $5,200.00 UTILITY/WATER SERVICE 1 ALLOW $2,000.00 $2,000.00 $10,500.00 SUBTOTAL $50,780.00 CONTINGENCY 10% $5,078.00 DESIGN REVIEW BOARD PROCESS ESTIMATED) $5,000.00 TOTAL BASE DESIGN $60,836.00 Page 1 Dog Park Estimate_SP PARK-REV 5-26-09 (1)