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Resolution 2021-31711
RESOLUTION NO. 20 2 1 3 1 7 1 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING OPTION 5B, IN CONCEPT, FOR THE LOCATION OF THE STORMWATER TREATMENT SYSTEM ("SWTS") FOR THE FIRST STREET NEIGHBORHOOD IMPROVEMENT PROJECT ("PROJECT"), AS DEPICTED IN THE ATTACHED EXHIBIT "A"; FURTHER, DIRECTING THE ADMINISTRATION TO NEGOTIATE A TASK ORDER WITH JACOBS ENGINEERING FOR THE SWTS DESIGN FOR THE PROJECT; AND FURTHER, SHOULD THE ADMINISTRATION BE UNSUCCESSFUL IN NEGOTIATING A TASK ORDER WITH JACOBS ENGINEERING FOR THE SWTS DESIGN FOR THE PROJECT WITHIN 90 DAYS, AUTHORIZING THE ADMINISTRATION TO PROCEED WITH A COMPETITIVE SOLICITATION FOR THE SWTS DESIGN CONTRACT FOR THE PROJECT. WHEREAS, the City of Miami Beach is committed to preserving the welfare and safety of its residents, visitors, and businesses; and WHEREAS, as part of this commitment, the City has diligently worked to provide a higher level of service to the South Pointe neighborhood by implementing improvements to its infrastructure with the proposed First Street Neighborhood Improvement Project (the "Project"); and WHEREAS, since the start of the Project, the City has consistently involved the South of Fifth Street community at every step of the process; and WHEREAS, over a 4-year period, the City has conducted 40 stakeholder outreach meetings, demonstrating the City's commitment to community engagement; and WHEREAS, feedback from stakeholders, including, but not limited to, South of Fifth Neighborhood Association ("SOFNA") and residents and business owners in the South of Fifth Neighborhood, has led to multiple design variations, including the evaluation of different locations for the proposed storm water treatment system ("SWTS") and outfall; and WHEREAS, to date, the location of the proposed SWTS has not been finalized due to a lack of consensus; and WHEREAS, at its May 26, 2020 meeting, the Land Use and Sustainability Committee made a motion to accept the Administration's recommendation to proceed with the location of the pump station and outfall discharge at South Pointe Park; as well as to proceed with Option 2 for the roadway design for First Street; and WHEREAS, at the July 24, 2021 City Commission meeting, the Mayor and City Commission directed the City Manager to proceed with Option 2 for the First Street roadway design, but no final decision was made with regard to the location of the SWTS for the Project; and WHEREAS, there is general consensus that the Project and the SWTS is necessary, and no one disputes that flooding occurs along the First Street corridor or its surrounding areas; and 1 WHEREAS, the various groups within the South of Fifth Neighborhood have different views regarding the location of the SWTS; and WHEREAS, accordingly, the Office of the City Manager recommended to the Mayor and City Commission, via LTC 056-2021, to postpone the Project, and proceed with the adopted Neighborhood Prioritization developed by Jacobs Engineering; and WHEREAS, the postponement based on the Neighborhood Prioritization developed by Jacobs Engineering would place the First Street Neighborhood Improvement Project at Number 10 on the prioritized list; and WHEREAS, LTC 056-2021 prompted requests from some members of the City Commission as well as from some Project stakeholders to reconsider the Manager's recommendation, and analyze the following options for the location of the SWTS: • Option 1: Locate the SWTS at the South Pointe parking lot with the above ground equipment located in the median at the south end of Washington Avenue and install the outfall, underground, through South Pointe Park to Government Cut; • Option 2: Locate the SWTS in the median at the south end of Washington Avenue, by South Pointe Park and install the outfall, underground, through South Pointe Park to Government Cut; • Option 3A: Locate the SWTS at the Triangular Park on 1st Street and Alton Road, and install the outfall, underground, through Jefferson Ave/Alton Road, south to South Pointe Dr., then east to Washington Avenue and south to Government Cut; • Option 3B: Locate the SWTS at the Triangular Park on 1st Street and Alton Road, and install, the outfall, underground, through 1st Street, east to Washington Avenue, then south to Government Cut; • Option 4: Locate the SWTS at a new roundabout on Washington and First Street, and install the outfall, underground, through Washington, then through South Pointe Park to Government Cut; • Option 5: Locate the SWTS at the City owned parking lot on Washington and First Street, and install the outfall, underground, through Washington Avenue, then through South Pointe Park to Government Cut; and WHEREAS, on Wednesday, April 7, 2021, City staff presented its analysis of the five (5) options to the newly elected SOFNA Board of Directors; and WHEREAS, SOFNA requested an onsite meeting with staff, which took place on Friday, April 9, 2021; and WHEREAS, the SOFNA Board ultimately requested that staff perform one (1) additional analysis of a site generally described to be at the northeast corner of the intersection of Washington Avenue and 2nd Street, and thereby adding a new Option 6; and WHEREAS, the Administration initially recommended proceeding with Option 1 for the location of the SWTS for the First Street Neighborhood Improvement Project, which recommendation was consistent with the Land Use and Sustainability Committee's recommendation from its May 26, 2020 meeting; and 2 WHEREAS, prior to the City Commission meeting on May 12, 2021, Commissioner Richardson presented an alternative to Option 5, placing the underground components underneath the roads at the intersection of First Street, and placing the above ground components in the parking lot located on First Street and Washington Ave ("Option 5B"), attached in concept as Exhibit"A" to this Resolution; and WHEREAS, on May 12, 2021, the Mayor and City Commission discussed the location of the STWS for the Project, and unanimously selected Option 5B for the location of the SWTS; and WHEREAS,the Mayor and City Commission further directed staff to negotiate with Jacobs Engineering for a full design Task Order for the SWTS scope of the Project; and further, should the Administration be unsuccessful in negotiating a Task Order with Jacobs Engineering within 90 days, authorizing Administration to proceed with a competitive solicitation process for the design of the SWTS for the Project. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve Option 5B, in concept, for the location of the stormwater treatment system ("SWTS") for the First Street Neighborhood Improvement Project ("Project"), as depicted in the attached Exhibit "A"; further, directs the Administration to negotiate a Task Order with Jacobs Engineering for the SWTS design for the Project; and further, should the Administration be unsuccessful in negotiating a Task Order with Jacobs Engineering for the SWTS design for the Project within 90 days, authorizing the Administration to proceed with a competitive solicitation for the SWTS design contract for the Project. PASSED and ADOPTED this 12"' day of May, 2021. ATTEST: ie<2—? "----___ " 11`,4 n Gelber, Mayor l � t Rafael .<-7Gr nado, City Clerk ,, r INCORP ORATED * ' \\1..'• Y //4" :<(-, APPROVED AS TO ,4-7,:;:..... 0) FORM&LANGUAGE 44X' 26' & FOR EXECUTION r) 1 City go y Date , 3 EXHIBIT "A" G,yyyg5oN...do mt.rnv( olouepgs ewnd,,...e,Ybp000..1.1 nnuellnpy„s PL1o1Wod wog 2tVSlosrotldlT-MTU..M.Cm..0gaop4.,..,.,....,w �d l j ; • ------ -----'I.-- -- — i ' , �,- o 1, / 'I , (. S & 1 7„ . i - �3I SI ; T g ,. ' , t, jj LLa I L `�-, f u c Q r . ` L 84” ST• --ow- -- I ! i b7j�p I ' ` f w - '1 1 l 1 _______i , i i - !I ' • Z 1 i t PROP.DEFLECTION 1 1' _' ' � a s 0 l ! �' i. ,'• � ! ` 1 ' I la 1 • r^ ! ` '' I l Ii�,' ' ' w° 0 1 5I— <,... --1 i - PROP.CONFLICT BOX ! / -- o V LEGEND: =Z,1 V� UNDERGROUND WATER TREATMENT SYSTEM W wy 1 OPTION 5 (B) i ABOVE GROUND COMPONENTS Cacl_ 0 OUTFALL STORM WATER FORCE MAIN(ST-FM) —ic5 PROPOSED STORM SEWER 10 <!1 ' ---EXISTING SANITARY FORCE MAIN(FM) e ---- R.O.W LINE I'P D. S i Resolutions -R7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: May 12, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE ADMINISTRATION'S AS WELL AS THE LAND USE AND SUSTAINABILITY COMMITTEE'S RECOMMENDATION (FROM ITS MAY 26, 2020 MEETING), AND APPROVING OPTION 1 FOR THE LOCATION OF THE STORMWATER TREATMENT SYSTEM ("SWTS"), AND AUTHORIZING THE ADMINISTRATION TO INSTALL THE SWTS IN THE SOUTH POINTE PARKING LOT AND INSTALL THE OUTFALL, UNDERGROUND, THROUGH SOUTH POINTE PARK TO GOVERNMENT CUT. RECOMMENDATION The Administration continues to recommend proceeding with Option 1 of the First Street Neighborhood Improvement Project, related to the installation of the stormwater treatment system (SWTS). This is also consistent with the Land Use and Sustainability Committee's recommendation from its May 26, 2020 meeting. Option 1 would authorize the Administration to install the SWTS at the South Pointe parking lot, and install the outfall, underground, through South Pointe Park to Government Cut. Of the six (6) options considered and evaluated by the Administration, the Administration continues to recommend Option 1 because it offers the lowest estimated cost, along with the greatest benefits and advantages, including minimal loss of greenspace,the least amount of utility conflicts, minimal traffic impacts, and easy access maintenance accessibility. BACKGROUND/HISTORY The City of Miami Beach is committed to preserving the welfare and safety of its residents, visitors, and businesses. As part of this commitment, the City has diligently worked to provide a higher level of service to the South Pointe neighborhood by implementing improvements to its infrastructure with the proposed First Street Neighborhood Improvement Project(the Project). Since the start of the Project, the City continuously involved the South of Fifth Street community at every step of the process. A testament to the extraordinary level of community engagement, are the 40 stakeholder outreach meetings held during a 4-year period. Feedback from stakeholders including, but not limited to, the South of Fifth Neighborhood Association Page 488 of 859 (SOFNA), and residents and business owners in the South of Fifth Neighborhood, led to multiple design variations, including the evaluation of multiple locations for the proposed SWTS and outfall. To date, the location of the proposed SWTS has not been finalized due to a lack of consensus. Remarkably, everyone agrees that the project is necessary. No one disputes that flooding occurs along the First Street corridor or its surrounding areas. However, the various factions within the South of Fifth Neighborhood cannot agree on the location of the SWTS; in fact, after obtaining prior approval from SOFNA, the location of the SWTS is still disputed. Consequently, the Office of the City Manager recommended to the Mayor and City Commission, via LTC 056-2021 attached as Exhibit "A" hereto, postpone the First Street Project and proceed with the adopted Neighborhood Prioritization developed by Jacobs Engineering. This would place the First Street Neighborhood Improvement Project at Number 10 on the prioritized list. LTC 056-2021 prompted additional requests from the members of the Commission, as well as residents and businesses within the South of Fifth Neighborhood, to reconsider the Manager's recommendation and analyze (and in some cases to re-analyze) other options, which predominantly included the following: • Option 1: Locate the SWTS at the South Pointe parking lot with the above ground equipment located in the median at the south end of Washington Avenue and install the outfall, underground,through South Pointe Park to Government Cut; • Option 2: Locate the SWTS in the median at the south end of Washington Avenue, by South Pointe Park and install the outfall, underground, through South Pointe Park to Government Cut; • Option 3A: Locate the SWTS at the Triangular Park on 1st Street and Alton Road, and install the outfall, underground, through Jefferson Ave/Alton Road, south to South Pointe Dr.,then east to Washington Avenue and south to Government Cut; • Option 3B: Locate the SWTS at the Triangular Park on 1st Street and Alton Road, and install,the outfall, underground,through 1st Street, east to Washington Avenue, then south to Government Cut; • Option 4: Locate the SWTS at a new roundabout on Washington and First Street, and install the outfall, underground, through Washington, then through South Pointe Park to Government Cut; • Option 5: Locate the SWTS at the City owned parking lot on Washington and First Street, and install the outfall, underground, through Washington Avenue, then through South Pointe Park to Government Cut. On Wednesday, April 7, 2021, City staff presented its analysis of the five options to the newly elected SOFNA Board of Directors. SOFNA requested an onsite meeting with staff,which took place on Friday, April 9, 2021. The SOFNA Board requested that staff perform one (1) additional analysis of a site, generally described to be at the northeast corner of the intersection of Washington Avenue and 2"cl Street,thereby adding an Option 6. City staff, in preparation for the May 12, 2021, City Commission meeting, held an additional virtual public meeting on Tuesday, April 27, 2021, at 6PM, where the stormwater Page 489 of 859 treatment system options, analysis, and recommendations were presented. There were 217 signed on/call-in attendees. ANALYSIS Exhibit "B" (Attached) illustrates the general location of the SWTS and outfall for each of the above referenced options. COMPARISON OF STORMWATER TREATMENT SYSTEM AND OUTFALL LOCATION OPTIONS Table-1 presents a comparison of the options. It should be noted that there are common elements for every option,which include: • Construction of outfall is not required within private property. • Stormwater is not discharged into Miami Beach Marina; therefore, their consent is not required. • Installation of the outfall running underground within South Pointe Park requires consent from the National Park Service. Email correspondence from the National Park Service, dated November 5, 2020 (see Exhibit"C) indicates consent has been obtained. MIAMI-DADE CHARTER(SAVE OUR PARKS)ANALYSIS On October 12, 2020, counsel for the Portofino/South Pointe Master Association, Inc. and the Continuum on South Beach Master Association, Inc. (collectively, the "Associations") sent the City a letter identifying the Associations' strong opposition to the installation of a stormwater pump, whether installed above-ground or fully underground, at South Pointe Park. The letter alleges that the installation of a stormwater system below-ground in South Pointe Park would trigger a County-wide referendum under Miami-Dade County Charter's "Save Our Parks" law, as codified in the Section of the County Charter. The letter from the Associations also served to place the City on notice that if the Public Works Department decides to proceed to try to install a stormwater pump without County-wide referendum (the Associations) are prepared to file a lawsuit in court and to seek a preliminary injunction while the matter is being litigated." A subsequent letter dated April 12, 2021, was received by litigation counsel for the Master Associations of the Portofino/South Pointe and Continuum on South Beach owners; again threatening the commencement of litigation, should the City select Option 1 (both letters are attached as Exhibits "D"and "E" hereto). Having analyzed the legal position posited in the letter, the City Attorney's office agrees with the Associations that the above-ground components of a stormwater utility system cannot be in the Park without a County referendum, as the system is not for the primary use of the Park, but rather is for the neighborhood generally. However, the City believes undergrounding the stormwater utility at South Pointe Park will not trigger a County referendum requirement. The Associations argue that the undergrounding of utilities at South Pointe Park would trigger a County-wide referendum because the Associations claim the exception to the referendum requirement for underground utilities, as set forth in Section 7.02(L) of the Miami-Dade County Charter(the"Underground Utility Exception" or"Exception"), must be narrowly construed to only permit "third-party service providers" such as AT&T, FPL, or Atlantic Broadband, to install underground utilities in public parks without a County-wide referendum. The Underground Utility Exception provides for an exception for construction in the County's parks (and parks subject to Page 490 of 859 the Charter provision) related to "Agreements with cable, intemet, telephone, electric or similar service providers or utilities, so long as any installations are underground or do not adversely impact natural resources, or parks facilities and uses." The City disagrees with the Associations' analysis and conclusion that the Underground Utility Exception only applies to third-party service providers such as "AT&T, FPL, Atlantic Broadband, and similar providers", but not the City as a utility provider. This position is belied by the plain language of County Charter Section 7.02(L) itself, which covers "agreements with cable, intemet, telephone, electric or similar service providers or utilities..." Although the Association interprets the Exception as being limited to "third-party service providers" and appears to ignore the separate reference in the text to "utilities," nowhere does the actual language of the Exception use the words "third-party" or expressly limit its application to third-parties. Far from advancing the purpose and intent of the County Charter Section 7 —to preserve park lands for the benefit of the public and protect against private uses of parks — the interpretation that public underground utilities should somehow be treated differently from private utility service providers would only serve as a straightjacket on public entities that provide critical public utility services such as stormwater or water and sewer services. Indeed, it would be inconsistent that a Charter requirement designed to protect against private uses of parks, would only be construed to limit public utilities, even where the public utilities are underground and do not impact natural resources or the use of a park. To this end, the City is not treading any new ground here, as we are not aware that any other municipality, or Miami-Dade County, has applied the County Charter provision or the Exception in such an unprecedented manner. Accordingly, for the reasons set forth above, it is Legal's position that whether public or private, if an underground utility installation does not adversely impact natural resources or the use of a park, the purposes of the County Charter would be served, and a referendum would not be required. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey show that 50% of residents rated,efforts to manage stormwater drainage and flooding as excellent or good. In order to continue maintaining excellent standards in this area, the Administration recommends opting for Option 1 of the First Street Neighborhood Improvement Project. CONCLUSION The Administration continues to recommend proceeding with Option 1 of the First Street Neighborhood Improvement Project, related to the installation of the stomiwater treatment system (SWTS). This is also consistent with the Land Use and Sustainability Committee's recommendation from its May 26, 2020 meeting. Option 1 would authorize the Administration to install the SWTS at the South Pointe parking lot, and install the outfall, underground, through South Pointe Park to Government Cut. Of the six (6) options considered and evaluated by the Administration, the Administration continues to recommend Option 1 because it offers the lowest estimated cost, along with the greatest benefits and advantages, including minimal loss of greenspace, the least amount of utility conflicts, minimal traffic impacts, and easy access maintenance accessibility. Page 491 of 859 Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works ATTACHMENTS: Description ❑ Exhibit A, LTC 056-2021 ❑ Exhibit B, Stormwater Treatment System and Outfall Alternatives Evaluation Matrix o EXHIBIT C, 201105 NPS No Objection to Underground Components ❑ Exhibit D, Letter dated October 12, 2020 o Exhibit E, Letter dated April 12, 2021 o July 24, 2020 City Commission memo and afteraction ❑ May 26, 2020 LUSC memo and afteraction o Draft RESO Page 492 of 859 DocuSign Envelope ID:8889B769-486F-4129-8328-AFA1OBF82DAB t s OFFICE OF THE CITY MANAGER No. LTC# LETTER TO COMMISSION 056-2021 TO: Mayor Dan Gelber and Members of the City Commission -DocuSigned by. FROM: Raul J.Aguila, Interim City Manager y(, Q (a, 2/6/2021 1 10:39 Ant EST 1-283138240F928450.. DATE: February 3, 2021 SUBJECT: First Street Neighborhood Improvement Project The City of Miami Beach, as part of its Capital Improvements Program (CIP), implements projects that improve the infrastructure and quality of life within neighborhoods. These Neighborhood Improvement Projects (NIPs) comprehensively address critical infrastructure, such as the water, sewer, and stormwater systems,while improving the overall aesthetics of the neighborhood and encouraging placemaking. Wholistic projects are essential, not only to reduce impacts to stakeholders, but also to ensure that the City's professional staff is able to implement the appropriate improvements, as opposed to piecemealed band aids. NIPs serve as an opportunity for City staff and the community to engage in productive discussions on how to enhance neighborhoods and build the foundation necessary to foster growth for years to come. One such project that endeavors to improve the South of Fifth neighborhood,is the First Street NIP.This project includes critical life safety and property protection improvements to the area along First St,as well as cultural and aesthetic benefits.The project upsizes water mains along Alton Rd. to meet fire flow demands and builds drainage infrastructure to attenuate severe flooding on First St. The project also improves street lighting and sidewalks to beautify the neighborhood, elevates roads to eliminate tidal flooding, changes the roadway design along First St. to promote pedestrian mobility, adds landscaping to beautify the neighborhood, and accommodates cultural and placemaking features for the neighborhood. The project originally received Commission approval in 2016 and, after developing the initial procurement documents, was awarded to the design firm Wade Trim in 2017. Immediately after executing the contract with the design consultant, stake holder engagement began.As is commonplace for all City projects, the public engagement effort garnered feedback on how to improve the overall project and how to include features that augment the neighborhood's quality of life. To that end,the City embarked on the most expansive stakeholder engagement effort to-date for a single project. Over the course of four years, the City's professional staff held 40 public engagement meetings—four in 2017,three in 2018, 17 in 2019,and 16 in 2020.The meetings involved discussions with the stakeholders on all important aspects of the project. Reaching consensus on even some relatively benign issues required the utmost creativity of project staff, revisiting designs that were once unacceptable to the neighborhood and redesigning the project to fit new stakeholder opinions. Nonetheless, the location of the water treatment system and outfall pipe were by far the most elusive issues. Originally designed at the triangular site near Alton Rd: and First St., stakeholder consensus proved fleeting whenever the outfall pipe was discussed. Residents of Page 493 of 859 DocuSign Envelope ID:88898769-486F-4129-832B-AFA1OBF82DAB the nearby condominium associations strongly opposed the installation of the outfall within the area due to the impacts. While many other alternatives were considered, including siting the water treatment system at the nearby school, none was more feasible than a version where the outfall pipe would be granted an easement by the Marina, but this option was strongly opposed by the Marina operators. Absent property rights for other alternatives, the City's staff began to entertain siting the water treatment system and outfall at South Pointe Park—an option that at the commencement of the project was not within the realm of possible alternatives for the neighborhood to consider, given the fact that portions of the Park were recently constructed. This alternative required a complete redesign of the project. It moved the water treatment system near South Pointe Park, away from private residences; moved the outfall to government cut,not impacting any of the condominiums South of Fifth;and kept the triangular park (Alton Road) intact, preserving the coveted greenspace in the neighborhood, and received the approval of the South of Fifth Neighborhood Association(SOFNA). The South Pointe Park alternative was recommended by the Land Use and Sustainability Committee in May 2020,for approval at the following Commission meeting. During the June 2020 Commission meeting, it was resolved that the City's Administration continue to engage with the public to finalize the option and gain consensus. Unfortunately,these consensus seeking meetings have been plagued with concerns about the siting of the water treatment system. While the stakeholders near the originally proposed triangular site seem to support the new location,the stakeholders near the South Pointe Park location are concerned about the water treatment system's impact to the area and its overall aesthetics. Some residents expressed concerns about the City's legal right to site the water treatment system within the Park.This concern was addressed when adjustments were made to the plan locating all above ground components outside of the park and only below ground components would pass through the park.The National Parks Service reviewed the proposed design and concluded that they had no objection to the water treatment system's siting. While the driving factor behind the project was to address the recurrent and severe flooding exhibited along First St., there were many other critical improvements that not only protected the lives of residents but also enhanced neighborhood aesthetics.Those project components that address the safety and welfare of the public will need to be built, independent of this project—namely the water and sewer projects that protect life and health. However, the stake holder engagement effort has demonstrated that the neighborhood is conflicted in the overall NIP. It is evident that consensus has not be reached for the water treatment system siting. No matter the alternative, there will always be an impacted stakeholder. Therefore, the project cannot be executed at this time.Thus, the Administration recommends postponing the First St. project until a future date where consensus can be reached. The administration further recommends beginning the approved Neighborhood Project Priority List developed and recommended by Jacobs Engineering, and approved by the Commission. This project is prioritized at number 10 on that list. c' (—OS , lz.c. RJAIAH/RW C Page 494 of 859 Table-I First Street NIP—Stormwater Treatment System and Outfall Alternatives Evaluation Matrix 3A-SWTS @ Triangular Park 3B—SWTS @ Triangular Park 4—SWTS @ Roundabout 6—SWTS @ Dog Park on Category 1-SWTS @ South Pointe 2-SWTS @ Washington St. &Pipe through South Pointe &Pipe through First St.& Washington&First St.&Pipe 5—SWTS @ City Parking Lot Washington&Second St.& Parking Lot End Median Dr. Washington Ave. through Washington on Washington&First St. Pipe through Washington Hydraulics No conveyance redundancy. No conveyance redundancy. 1,300 ft of redundant gravity 1,300 ft of redundant gravity 600 ft of redundant gravity 550 ft of redundant gravity 1,200 ft of redundant gravity and FM pipe. and FM pipe, and FM pipe. and FM pipe. and FM pipe. FM Length 400 LF 400 LF 1,800 LF 2000 LF 1,350 LF 1,300 LF 1,950 LF Major Utility 1 1 3 4 2 3 2 Conflicts 1 Greenspace None None 2,500 SgFt 2,500 SgFt None None 2,000 SgFt Impacts Traffic Moderate impacts due to Greatest Impacts due to P Moderate impacts due to Impacts Least traffic impacts. equipment on median. Minimal traffic impacts. Minimal traffic impacts, reduced number of lanes at Minimal traffic impacts. Pequipment on median. busy intersection. Restricted access to SWTS at Restricted access to SWTS at Maintenance Easy access to SWTS at parking Restricted access to SWTS at Moderate access to SWTS at Moderate access to SWTS at small parking lot and Accessibility lot. median. Triangular Park on busy street. Triangular Park on busy street. roundabout on busy equipment on median on busy Easy access to SWTS at park. Intersection. intersection. Parking 10 Spaces Lost 12 2 2 25 15 2 30 months Schedule 24 months 25 months 27 months 28 months 26 months 27 months Longer FM,and requires Shortest FM. Shortest FM. Longer FM. Longer FM. additional traffic study. Longer FM. Longer FM. Cost' $44M $45M $48M $49M $47M $46M $48M '-The number of utility conflicts depicted in these options are among the proposed stormwater pipes(gravity and force main)and the existing sanitary sewer force main.Conflicts between the proposed pipes and private utilities(electrical, telephone,cable,gas,etc.)are not included here and it is expected that conflict resolution will be closely coordinated with the private utilities and these costs will be borne by the private utilities and not the City. L Order of magnitude,conceptual-level,Class 5 estimate per AACE 56R-08. Level of Impact: Best Case/ Lowest Impact - Moderate Impact Worst Case/Highest Impact Page 495 of 859 From: Coley.Rov To: Soto,Luis Cc: perez-Jacome.Nelson Subject: FW:[EXTERNAL]RE:Proposed storm water project,South Pointe Park Date: Thursday,November 5,2020 10:46:25 AM Thank you for all of your work on this. • Roy Coley, MBA Director Public Works Department 1700 Convention Center Drive,Miami Beach,Fl 33139 Tel:305.673.7380/www.miamibeachfl.00v From: Barrett,John <John_Barrett@nps.gov> Sent:Thursday, November 5,2020 10:39 AM To:Coley, Roy<RoyColey@miamibeachfl.gov> . Cc: Paz, Rafael<RafaelPaz@miamibeachfl.gov>; Hudak,Aline<AlinaHudak@miamibeachfl.gov> Subject: Re: [EXTERNAL] RE: Proposed storm water project,South Pointe Park Mr. Coley, We have completed our review of the City of Miami Beach's proposed installation of a new water treatment system in and adjacent to South Pointe Park. The park is part of the National Park Service's Federal Lands to Parks program, encompassing 16.87 acres that were transferred from the Department of the Interior to the City in 1979, and by corrective deed in 1985, for park and recreation purposes in perpetuity. We have no objection to either of the two options presented and are therefore pleased to extend our concurrence on the project. We appreciate the City's assurances that the improvements will in no way adversely affect the continued use and enjoyment of the park by the public in accordance with the terms of the transfer from the U.S. to the City. We value our long-standing partnership with the City of Miami Beach in the FLP program. South Pointe Park is an outstanding outdoor space for local citizens Page 496 of 859 and the City's many visitors to enjoy. We appreciate the City's efforts to provide such a venue for the public. Feel free to contact me at any time with any further questions or concerns. Sincerely, John Barrett John Barrett Program Manager Federal Lands to Parks National Park Service 100 Alabama St.,SW Atlanta,GA 30303 john_barrett( nps.gov 1404.507.5689 www.nos.gov/flo From: Coley, Roy<RoyColeyPmiamibeachfl.gov> Sent: Monday, October 19, 2020 12:41 PM To: Barrett,John <John_BarrettPnps.gov> Cc: Paz, Rafael <RafaelPazPmiamibeachfl.gov>; Hudak,Alina<AlinaHudak(miamibeachfl.gov> Subject: RE: [EXTERNAL] RE: Proposed storm water project, South Pointe Park Mr. Barrett, Attached are two graphics that depict possible configurations for the water treatment system in South Pointe Park.The preferred is the one where underground water treatment system components (colored blue in the graphics) are located within the park property(parking lot) and above ground components (colored red in the graphics)are located outside of the park property. The lesser desired, however doable option is to locate the underground components of the water treatment system and the above ground components outside the park and only have a discharge pipe(colored in yellow in the graphics) going through the park property. In both options the use of the park is not impacted. I request your consideration and concurrence that the below ground use of the park by public utilities is acceptable. If you need more details please do not hesitate asking. Best Regards, Page 497 of 859 Roy Coley, MBA Director Public Works Department 1700 Convention Center Drive,Miami Beach,Fl 33139 Tel:305.673.7380/www.miamibeachfl.gov From: Barrett,John<john_BarrettPnps.gov> Sent:Wednesday,October 7, 2020 10:52 AM To:Coley, Roy<RoyColevtamiamibeachfl.gov> Subject: Re: [EXTERNAL] RE: Proposed storm water project,South Pointe Park • • Mr. Coley, Yes, that would be fine. Thank you. John Barrett Program Manager Federal Lands to Parks National Park Service 100 Alabama St.,SW Atlanta,GA 30303 john barrettPnos.gov 404.507.5689 www.nos.govlflo From: Coley, Roy<RoyColeyPmiamibeachfI.gov> Sent:Wednesday, October 7, 2020 10:06 AM To: Barrett,John<John_Barrettanps.gov> Subject: [EXTERNAL] RE: Proposed storm water project,South Pointe Park This email has been received from outside of DOI-Use caution before clicking on links, opening attachments,or responding. Mr. Barrett, Page 498 of 859 I am available at 1:00 today.Would you like for me to send a "Teams" invite? Best Regards, Roy Coley, MBA Director Public Works Department 1700 Convention Center Drive,Miami Beach,Fl 33139 Tel:305.673.7380/www.miamibeachfl.gov From: Barrett,John <John Barrett(a nps.gov> Sent:Wednesday, October 7, 2020 9:58 AM To:Coley, Roy<RoyColeyl@miamibeachfl.gov> Subject: Proposed storm water project,South Pointe Park Mr. Coley, Your September 15, 2020 email to Regional Director Stan Austin regarding the proposed storm water project at South Pointe Park was recently brought to my attention. I manage the Federal Lands to Parks program under which the park property was transferred from the U.S. to the City of Miami Beach in 1980 and as further corrected by deed in 1985. I would like to learn about the project in more detail and look forward to speaking with you at your earliest convenience. I'm available this afternoon from 1 - 4:30 and tomorrow rooming from 9 - noon. I'm also available all day on Friday. Please let me know if any of these times work for you. Thank you. John John Barrett Program Manager Federal Lands to Parks National Park Service 100 Alabama St.,SW Atlanta,GA 30303 john barrettPnos.gov 1404.507.5689 Page 499 of 859 www.nos.govfflp Page 500 of 859 EXHIBIT 51A= • ALEXANDER I.TACHMES, ESQ. PARTNER Shutts ft Bowen LLP 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 DIRECT (305)347-7341 FAX (305)347-7754 EMAIL ATachmes@shutts.com October 12,2020 VIA E-MAIL Raul J.Aguila,Esq.,City Attorney City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,FL 33139 Re: Proposed Underground Installation of Stormwater Pump in South Pointe Park Dear Raul: As you know, we represent the Portofino/South Pointe Master Association, Inc. and the Continuum on South Beach Master Association, Inc., which comprise the units at the Portofino Tower, South Pointe Towers and Continuum Buildings in South Beach. As we have indicated in the past, we are strongly opposed to the installation of a stormwater pump — whether installed above-ground or fully underground—at South Pointe Park(the"Park"). The City Attorney and our law firm are in agreement that the installation of a stormwater pump above-ground in the Park would trigger a County-wide referendum under the County Charter's "Save Our Parks" law (the "Parks Law"). In this letter, we address the legal issue of whether the installation of a stormwater pump underground at the Park would also trigger a County-wide referendum under the Parks Law. It is our understanding that the Public Works Department is now considering installing the pump underground in an attempt to fall under the Parks Law's Section 7.02(L) (the "Exception"), which provides a narrow exception from the referendum requirement for certain underground installations. Based on the analysis set forth below,it is clear to us that the installation of a stormwater pump underground at the Park would trigger a referendum under the Parks Law for at least two (2) reasons. First, the Exception is inapplicable on its face to the installation of a stormwater pump by the City underground at the Park. Second, even if the Exception were deemed to be generally applicable in this case,the installation of a stormwater pump underground would fail to meet the provision of the Exception which requires that the installation not affect the park, natural resources or similar items. (It is our understanding that the City Attorney agrees with us on the latter point and,thus,a determination of the applicability of the Exception is dependent on a full understanding of what is proposed to be installed underground and its environmental and other effects.) MIADOCS 21039164 I shutts.com FORT LAUDERDALE I JACKSONVILLE I MIAMI ( ORLANDO ! SARASOTA I TALLAHASSEE ! TAMPA I WEST PALM BEACH Page 501 of 859 Raul J. Aguila, Esq. City Attorney City of Miami Beach October 12,2020 Page 2 I. Facial Inapplicability of Exception The Parks Law generally requires the approval of the electorate in a County-wide referendum to the extent a local government desires to install improvements in a park. The Exception(Section 7.02(L) of the Parks Law) offers a narrow exception to this requirement and is set forth below. Nothing in this Article shall prevent . . , the construction, operation, maintenance, and repair by government agencies or private operators of or issuance of temporary permits for the following, provided that there be no adverse impact to natural resources on lands acquired or designated for preservation by the Board of County Commissioners: ... L. Agreements with cable, internet,telephone, electric or similar service providers or utilities,so long as any installations are underground or do not adversely impact natural resources, or parks facilities and uses. It is axiomatic under the law that the starting point for the analysis of any legislation is its plain meaning. (See Seagrave v. State, 802 So.2d 281, 286 (Fla. 2001) ("One of the most fundamental tenets of statutory construction requires that we give statutory language its plain and ordinary meaning...). The plain meaning of the Exception indicates that it applies only to third party service providers pursuant to installation agreements with the local government. The explicit language of the Exception states that it applies to "[ajgreements with cable, internet, telephone, electric or similar service providers or utilities." Therefore, the clause provides a referendum exception for routine agreements between a city and AT&T, FP&L, Atlantic Broadband and similar providers. (For example, it would make no sense to require a County- wide referendum each time AT&T seeks to install an internet cable underground.) On the other hand, the clause does not apply to a city that is seeking to install its own sewer or stormwater equipment in the park. Not only is there no third party involved in the latter case in order to require an installation"agreement" with a service provider, but the nature of the equipment to be installed with a stormwater pump differs markedly from what is contemplated in ' the Exception language. Significantly,none of the service providers mentioned in the Exception clause is in the business of installing equipment that has the potential for fluid discharge, chemical discharge or similar environmental effects on pristine parkland. Installing a narrow telephone cable underground is very different than installation of a major stormwater pump, which carries thousands of gallons of stormwater and potentially hazardous material. The inapplicability of the Exception to the instant case is underscored by the fact that the Parks Law already addresses stormwater installations in another clause of the law, Section 7.02(A). See below Section 7.02(A)of the County Charter: Nothing in this Article shall prevent . . . the construction, operation, maintenance, and repair by government agencies or private operators of or issuance of temporary permits for the following, provided that there be no adverse impact to natural resources on lands acquired or designated for preservation by the Board of County Commissioners: MIADOCS 21039164 1 shutts.com i FORT LAUDERDALE i JACKSONVILLE I MIAMI i ORLANDO SARASOTA TALLAHASSEE I TAMPA : WEST PALM BEACH Page 502 of 859 Raul J.Aguila, Esq. City Attorney City of Miami Beach October 12,2020 Page 3 A.Appropriate access roads,bridges,fences,lighting,flag poles,entrance features,picnic shelters, tables, grills, benches, irrigation systems, walls, erosion control devices, utilities, trash removal, parking and security and fire facilities for the primary use of the park system"(emphasis added). All parks need drainage and similar infrastructure to avoid flooding at the park and to allow the park to function properly. Therefore, an exception exists in the Parks Law for "utilities" and "irrigation systems" that are needed for the "primary use of the park." However, there is no provision in the Parks Law that gives a city the.right to install a massive stormwater pump that is needed to serve many blocks of the city and has nothing to do with the park. It is another basic doctrine of statutory construction that laws should not be interpreted so as to make them redundant. There would be no reason for the above reference to utilities in Section 7.02(A) if the Exception in 7.02(L) allowed ALL underground installations of any type to be installed. In keeping with the overall intent of preserving park land, the Parks Law allows underground irrigation and similar installations by a city only if necessary to run the park. Meanwhile, the Exception in 7.02(L) allows routine telephone, cable and similar installations with third parties. Finally, it is worth noting that Section 7.03 of the County Charter states that "[t]he provisions of["Save Our Parks"] shall be liberally construed in favor of the preservation of all park lands, aquatic preserves, and preservation Iands." In the event it is ambiguous as to whether a proposed installation in a park meets a referendum exception under the Parks Law, the ambiguity must be resolved by not allowing such installation. (We do not believe the clause is ambiguous but are merely pointing out that, if someone fords this clause to be ambiguous, the Parks Law explicitly provides that the clause should be construed to preserve the park and not allow construction or installation.) II. Inapplicability of Exception as Applied to this Case The Exception plainly states that underground installations are exempt only if they "do . not adversely impact natural resources, or parks facilities and uses." As stated above, the City Attorney's office is in agreement with us that a determination as to whether the Exception applies cannot be made unless it is known what will be installed underground and an analysis is done to determine if the installation will adversely affect natural resources and the Park. Although we have yet to be told what would be installed underground, we are confident • that an engineer would determine that a major stormwater pump would pose hazards to the park and the environment and natural resources. We have engaged an engineer to examine these issues and would be happy to schedule a conference with him to discuss these adverse impacts in more detail. III. Conclusion Based on the foregoing and our prior correspondence, it is clear that a County-wide referendum would be required to install a major stormwater pump above-ground or underground. MIADOCS 21039164 1 shutts.cotn l FORT LAUDERDALE JACKSONVILLE MIAMI I ORLANDO i SARASOTA TALLAHASSEE ; TAMPA i WEST PALM BEACH Page 503 of 859 Raul J.Aguila, Esq. City Attorney City of Miami Beach October 12,2020 Page 4 The Exception would not apply, either on its face or as applied to these facts. If the Public Works Department decides to proceed to try to install a stormwater pump without a County-wide referendum, our clients are prepared to file a lawsuit in court and to seek a preliminary injunction while the matter is being litigated. Due to the need for testimony of many consultants,including environmental engineers,we expect such a lawsuit and its appeals to freeze any activity on a stormwater pump for at least three(3) years. In light of this, along with: (i) the partial deed restriction waiver that would be required for the Project to move forward (as discussed at length in my August 10, 2020, correspondence to you); (ii) the fact that there are other locations for a stormwater pump South of 5`h, including areas in which the City already has easement rights; and(iii) the countless residents that have spoken to the Mayor and Commission against the Project, we strongly urge the City to drop the Park as a potential location for the installation of the stormwater pump whether above-ground or underground. Additionally, our clients are prepared to vigorously gather support to vote down such referendum, if ultimately pursued by the City. After your review of the above, please advise us on the City's position regarding the inapplicability of the Exception. We are available to discuss this with you at any time and thank you for your consideration. Sincerely, Shuns&Bowen LLP city(cu Alexander I.Tachmes,Esq. cc: Alyson Herman,President, Portofino/South Pointe Master Association,Inc. Keith Marks, President,Continuum on South Beach Master Association, Inc. Alina Hudak,Assistant City Manager Rafael Paz, Esq.,Deputy City Attorney Roy Coley,Public Works Director MIAIDOCS 21039164 I shutts.com ; FORT LAUDERDALE I JACKSONVILLE . MIAMI ! ORLANDO I SARASOTA ' TALLAHASSEE I TAMPA : WEST PALM BEACH Page 504 of 859 EXHIBIT b a • NEW YORK T�uaneMorris° SHANGHAI LONDON ATLANTA SINGAPORE BALTIMORE PHILADELPHIA /7RMand AFF//JATE OFFK.7:T WILMINGTON CHICAGO MIAMI WASHINGTON.DC BOCA RATON SAN FRANCISCO PHILLIP M.HUDSON III,P.A. PITTSBURGH SILICON VALLEY DIRECT DIAL:+I 305 960 2273 NEWARK SAN DIEGO PERSONAL FAX:+I 305 397 2443 LAS VEGAS LOS ANGELES E-MAIL:PMHudson@duanemorris.com duanemorris.com CHERRY HILL ROSTON LACE TAHOE HOUSTON u9YW.dnanelnOrris.COIN MYANMAR DALLAS AUSTIN ALLIANCES IN MEXICO HANOI AND SRI LANKA HO CHI MINH CITY April 12,2021 Mayor and Commissioners of the Raul J.Aguila,Esq.,Interim City Manager City of Miami Beach City of Miami Beach 1700 Convention Center Drive 1700 Convention Center Drive Miami Beach,Florida 33139 Miami Beach,Florida 33139 Email:DanGelber@miamibeachfl.gov Email: raulaguila@miamibeachfl.gov MickySteinberg@miamibeachfl.gov MarkSamuelian@miamibeachfl.gov Michael@miamibeachfl.gov stevenmeiner@miamibeachfl.gov RickyArriola@miamibeachfl.gov DavidRichardson@miamibeachfl.gov Rafael Paz,Esq.,City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Email: rafaelpaz@miamibeachfl.gov RE: Stormwater Pump South of 5t Street Dear Mayor,Commissioners,Mr.City Manager and Mr.City Attorney: The undersigned has been retained by the Master Associations of the Continuum,Portofino Tower and South Pointe Tower Condominiums. All of these buildings abut South Pointe Park (the "Park"). Specifically,we have been retained to commence litigation,if necessary,against the City(and other parties, if applicable)to prevent the improper installation of a stormwater pump(the"Pump")(either above ground or below ground) in South Pointe Park. Please recall the Park is bounded on the south by Biscayne Bay and on the north by the neighboring condominium projects and includes the paved parking lot accessed via Washington Avenue. For many months now, my clients have made it clear to the City that the installation of the Pump in South Pointe Park presents major legal obstacles. Despite these clear legal impediments, the Public Works Department not only continues to consider the Park as a viable location for the Pump but, to our knowledge,intends to recommend the Park as the number one preferred location.Ironically,Public Works Page 505 of 859 continues to advocate for installation in the Park,even though there are other potential installation locations South of Fifth that do not pose any legal issues. The City is needlessly inviting lengthy and expensive litigation when there is no need to do so given the other locations for the Pump. As you well know,a goal of South of Fifth residents is that the Pump be installed immediately due to worsening flooding conditions. Even if the City does not agree with us on the merits of the legal issues, we can assure you that the lawsuit we will file,including any related actions,will take years to resolve and the installation of the Pump will of course be abated while the litigation is pending. The two extant,principal legal impediments to installation of the Pump in the Park are found in the County's Save Our Parks charter provision (the "County Charter") and in a relevant deed restriction. Generally,the County Charter requires,a Countywide referendum in order to allow construction in the Park, subject to some narrow exceptions not applicable here.Your City Attorney has already opined that the Park is subject to the County Charter and that an above-ground pump installation in the Park would trigger a Countywide referendum. In the event of an underground installation in the Park, a referendum is triggered if the installation would adversely affect park and/or natural resources. The latter is a factual question depending on the specific installation and its anticipated effects.Based on the views of our experts,we are confident that the underground installation would also trigger a Countywide referendum. The other major legal impediment is a deed restriction contained in the original deed from the Federal government to the City conveying the land for the Park.The deed restriction prevents the land from being used for anything other than a park.Although the installation of minor drainage equipment solely to address Park flooding would likely be allowed, it is clear that the introduction of a major stormwater pump that would service the entire South of Fifth neighborhood(thousands of acres outside the Park)would have no relation to the Park and,thus,would not qualify as an exclusive"park use." In the event the City desires to install the Pump in the Park,then the City would need to request a formal deed waiver from the Federal government and record that waiver in the Public Record. Importantly, the deed waiver request would necessarily trigger a lengthy,full-blown environmental analysis by Florida's Department of Environmental Protection,which would act as a recommending body to the Federal Department of the Interior and National Parks Service. We understand that on April 21, 2021 the City Commission will consider the Public Works recommendation for the location of the installation of the Pump.Demand is hereby made that the City cease any further consideration of installation of the Pump in the Park. If the City decides to proceed with installation of the Pump in the Park, we will commence litigation against the City for declaratory relief, injunctive relief and other causes of action to,inter alia,require that a Countywide referendum be held and a recordable Federal deed waiver be obtained as a condition of such installation. Moreover,if a referendum and deed waiver are pursued,we will vigorously seek the rejection of the referendum by the electorate and the denial of the deed waiver by the Federal government. PLEASE BE GOVERNED ACCORDINGLY. Very truly yours, /sl Phillip M Hudson III Phillip M.Hudson III Page 506 of 859 Resolutions-R7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 24,2020 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE LAND USE AND SUSTAINABILITY COMMITTEE AT ITS MAY 26, 2020 MEETING, TO PROCEED WITH THE LOCATION OF THE PUMP STATION AND OUTFALL DISCHARGE AT SOUTH POINTE PARK,AND ROADWAY DESIGN FOR FIRST STREET(OPTION 2). RECOMMENDATION The Administration recommends accepting the recommendation of the Land Use and Sustainability Committee at its May 26,2020 meeting, to proceed with the location of the pump station and outfall discharge at South Pointe Park, and roadway design for First Street(Option 2). BACKGROUND/HISTORY The City of Miami Beach is committed to preserving the welfare and safety of its residents, visitors, and businesses. One way that the City meets this goal is by adapting its infrastructure to sea level rise and climate change. Low-lying areas, such as First Street, are vulnerable to tidal and rainfall flooding. The First Street corridor experiences constant flooding during extreme high tides and heavy rain events. As a result, the City decided to implement improvements to the stormwater system that will provide the neighborhood with a higher level of service. The improvements not only include robust stomiwater infrastructure that will reduce flooding in the neighborhood, but also include significant improvements to the water system to address critical fire flow needs for life safety. Additionally, the improvements will provide substantial benefits to the First Street hardscape in terms of beautification and transportation measures aligned with the City's Transportation Master Plan. In fact, the improvements will prioritize pedestrians over vehicular traffic, aligning with the City's adopted Modal Hierarchy. In '2017, the City engaged Wade Trim Inc. to perform architectural and engineering design services for the South of Fifth Neighborhood, consisting of streetscape enhancements and drainage system improvements including: • Installation of a robust drainage system comprised of a major stormwater pump station and major stormwater pipes along Alton Road,Washington Avenue,and First Street. • Elevating First Street and providing streetscape enhancements such as new sidewalks, pavement, lighting, landscaping,etc. In order to ensure that the community's interests were accounted for and to limit changes after the project had been designed, City staff and Wade Trim coordinated community engagement efforts. Through March 2020, there have been approximately 28 meetings regarding the pump station and outfall and roadway design. During these meetings a concerted effort was taken to align the community's requests with the recommendations made by experts such as Urban Land Institute and Harvard University on the City's overall stomiwater program. While most of the residents were in favor of the proposed improvements, many differed on an appropriate location for the pump station and the typical section along First Street. ANALYSIS PUMP STATIONS ALTERNATIVES: The City evaluated a total of six different pump station locations and six different outfall routes into Biscayne Bay and Government Cut.These include: • 1.The First Street Park at the southeast corner of First Street and Alton Road 2.The Miami Beach Marina south parking lot 3.The Commerce Street and Jefferson Avenue intersection 4.The Pilot Boat Basin behind the Apogee Condominium 5.The South Pointe Elementary School parking lot 6. South Pointe Park Numerous community meetings with residents and stakeholders were held to determine the appropriate pump station location. These meetings and a brief summary of their content ar%15se g'todorgst' THE FIRST STREET PARK AT THE SOUTHEAST CORNER OF FIRST STREET AND ALTON ROAD •January 23,2019—Meeting with Marie Peters,SOFNA President,to review the original pump station design at Triangle Park. o SOFNA requested the City to consider alternate outfall routes, as the Murano at Portofino and the Yacht Club reportedly opposed to having the pump station and outfall routed through their properties. • February 11,2019-Meeting with Michael O'Hara, Rebecca Towers Director of Housing Development.Programs. o The City confirmed it does not have property rights to connect the outfall at Biscayne Bay through this property. • February 20, 2019 - Meeting with Marie Peters, SOFNA President and Bill Johnson, Murano at Portofino former President, to review the original pump station design at Triangle Park. o Bill Johnson expressed strong opposition to the outfall route through their property due to major disruption in their front entrance and asked to consider other options. • September 27, 2019 — February 5, 2020 - Seven meetings were held to present all available information to the Murano at Portofino administration. o The City prepared multiple conceptual plans to inform building residents of potential impacts to the building from construction of the outfall to piping through the property. o The City. presented all the information to building residents at its November 15,2019 HOA meeting. o Stakeholders requested the City to consider South Pointe park as an alternate location for the pump station and outfall,and requested to create layout exhibits to be presented at its next SOFNA meeting. o Stakeholders: Marie Peters, SOFNA President; Bill Johnson, Murano at Portofino Former President; John Rutherford, Murano at Portofino President; Rosi Klee, Murano at Portofino Administration; Stephen Mandy, Murano at Portofino; Engineering Rep, Murano at Portofino; Attorney, Murano at Portofino; Murano at Portofino Board of directors and residents(during HOA Presentation) • THE MIAMI BEACH MARINA SOUTH PARKING LOT • May 5,2019—Meeting with Marie Peters,SOFNA President, and Suntex Marinas Staff,to discuss the pump station and outfall at the Marina property. o The City shared a conceptual design and clarified it can be adjusted to work with Suntex Marinas. o Suntex Marinas stated they would not agree to anything above or underground that could prohibit their growth and development. o The Marina also expressed their concern with having the outfall in the marina as they have dealt with similar issues in their New York properties. THE COMMERCE STREET AND JEFFERSON AVENUE INTERSECTION • July 8, 2019 & July 23, 2019-Two meetings with Marie Peters, SOFNA President; Bill Johnson, Murano at Portofino Former President; Robert Fiore, Murano At Portofino Resident; Murano at Portofino Property Management SOFNA president and Murano at Portofino building to discuss results. o City Staff discussed the response from Suntex Marina's response. o The City proposed a new location for the pump station at the intersection of Jefferson Ave and Commerce Street to relieve the Triangle Park from disruption.The option was discarded due to constructability constraints. o Murano at Portofino Administration requested that the South Pointe Elementary School parking lot be considered. THE PILOT BOAT BASIN BEHIND THE APOGEE CONDOMINIUM March 12,2019-Meeting with Nicolas Di Giovanni,Apogee Property Manager,and an Apogee Legal Representative. o The Apogee Condominium rejected the proposed pump station location behind their property or routing the outfall through their property. •April 29,2019-Meeting with Marie Peters, SOFNA President to discuss response from the Apogee Condominium. THE SOUTH POINTE ELEMENTARY SCHOOL PARKING LOT • September 18, 2019- Meeting with Jaime Torrens, Chief of Staff Dade-County Schools; Raul Perez, Chief facilities and Design Construction Officer;Victor Alonso, Eco-Sustainability Officer to discuss potential location for PS and outfall. o The City's request was rejected by Dade-County schools due to future building expansion plans which requires them to maintain all existing parking spaces. • SOUTH POINTE PARK • March 5,2020—The City presented the South Pointe Park location option at the SOFNA meeting. • Alternatives 1 -5: These locations were eliminated due to site constraints, such as lack of easements, construction disturbances, impacts to the marina operations, and limited space. Additionally, due to the site constraints, a second pump station would be required to provide a full 10-year storm event level of service to the South Pointe Neighborhood. Alternative 6 - South Pointe Park: After careful consideration of all potential alternatives, Public Works recommended that the pump station be located within the park. Conceptually, the underground components of the pump station can be located underneath the parking lot and the above ground components can be dressed with greenery just south of the parking lot. The major benefits to this alternative are: No easements are required • The construction of the pump station does not di§4,0 glegsest • There is ample space to install a pump station that can service the entirety of the South Pointe Neighborhood. Therefore, a second pump station would not be required, assuming the ability to install pipes with enough capacity (this will need to be defined during detailed design). • Designers have the ability to use vegetation and trees to screen the pump station's above ground components • The pump station will discharge to Government Cut,thereby eliminating the possibility of impacts to the marina's operations. TYPICAL SECTION ALTERNATIVES: Although the community generally agreed with the urgent need to implement a reliable stormwater management system within the South Pointe Neighborhood,there were differing views regarding the configuration of the First Street corridor. A total of nine different typical sections were presented to the community for consideration. The first six options were prepared by the consultant and presented to the residents in two separate presentations in late 2017. Some included water features and greenspace separators for valet parking. Others included large iconic medians with dramatic greenspace and enlarged pedestrian promenades. These options, however, did not appeal to residents. The City engaged Florida Transportation Engineering, Inc., a traffic engineer consultant to conduct a traffic analysis,evaluate all options, and provide a recommendation. City staff gathered all the feedback from the residents, the traffic report, and City Departments involved, and by January 2019, developed a 7th design iteration, known as Option 1,to include: Option 1: Divided two-way traffic(median) • Dedicated bike lanes • On-street parallel parking adjacent to the sidewalk and on the median for the residential side only Meanwhile,the City continued its discussions regarding the pump station and outfall. Nine months later, the City was approached by,SOFNA residents,who expressed several concerns with the current design. They provided staff with a couple of design options to consider and evaluate. The City compared both options to Option 1, highlighted the differences and ensured they met the design criteria required,and selected the following, known as Option 2: Option 2: • Undivided two-way traffic(no median) • Shared bike lanes • On-street parallel parking adjacent to the sidewalk Public Works ultimately determined either option was acceptable and neighborhood input should be considered. At the January 21, 2020 Land Use and Sustainability Committee(LUSC), Roy Coley, Public Works Director presented a Resiliency Projects Update including the First Street Project and spoke of the need to reach a consensus. A motion was made by the Committee to have a Public Works presentation made to SOFNA, and to provide the presentation's feedback at a future LUSC meeting. On March 5, 2020, an open house was coordinated by SOFNA. Commissioners Samuelian and Meiner attended the meeting where Public Works, Transportation, and the Marketing and Communications Departments presented Options 1 and 2 of the road design. Roy Coley, Public Works Director further discussed the pump station location and outfall discharge at South Pointe Park and requested for SOFNA to provide its official recommendation to the City. A decision was made by the SOFNA Committee to develop a survey where the neighborhood could vote on these items. On May 6, 2020, Public Works received an email from SOFNA recommending option 2 of the road design and the proposed location of the pump station. After "considering the extensive consultation with City officials, and the widespread opportunity for community feedback" SOFNA wrote, they felt"confident as a Neighborhood Association to request the City to now move ahead". SOFNA further stated they understood "the location of the pump station in South Pointe Park and the extensive reconstruction of this segment of 1st Street is necessary for the introduction of a large-diameter storm water collection pipe". Out of the 308 tallied votes received from the residents,64.9%(200 residents)were in favor of Option 2; 31.4% (97 residents)were in favor of Option 1; and 3.5% (11 residents)responded but did not check off a preference. As described above, Option 2 will be an undivided roadway with parallel parking on both sides of the road, shared bike lanes, and equal greenspace and sidewalk on both commercial and residential sides. Compared to the existing conditions, the new typical section will provide wider sidewalks and more green space. However,due to the removal of the median,24 parking spaces on the median side will be lost. City staff presented the SOFNA voting results to the May 26, 2020 LUSC for review and direction. Saul Frances, Parking Director, also discussed the parking analysis for the parking needs for First Street. The study found that 58% of the residential spaces were utilized. Josiel Ferrer, Transportation Assistant Director, presented on the transportation and mobility study completed for this corridor. Following feedback from the public, the Committee members made a motion to bring the item to the June 24, 2020 City Commission for further discussions regarding Option 2, and to provide final direction. Meanwhile,the City is to continue to receive feedback from the public before reaching Commission approval. At its June 24 meeting, the City Commission made a matiognet%6efofthejtem to the July 24, Special (Resilience) Commission for discussion and further direction. From June 26, 2020,through July 9, 2020,the City has had an additional 9 virtual meetings with the following stakeholders: June 26,2020-The Continuum Master, Continuum North and South,Portofino and South Pointe Tower • June 30,2020-One Ocean • June 30, 2020-The Hilton Bentley • July 1, 2020- The Apogee • July 1, 2020- The Rebecca Towers • July 2, 2020- SOFNA Group • July 2,2020- Joe's Stone Crab • July 7,2020- Virtual public meeting with SOFNA • July 9, 2020— Smith&Wollensky From June 26, 2020, through June 30, 2020, mailings were sent out to the following stakeholders: Nikki Beach, the Yacht Club at Portofino, Golden Dreams Condo Association, Marea Condominium, The Cosmopolitan, Yukon Building, PRIME Group, Smith & Wollensky, Hotel St.Augustine, 200 Washington Avenue,The Courts at South Beach,Jewish Museum of Florida(FIU),La Locanda Restaurant, Gelateria 4D, and Alda. DESIGN EFFORTS AND PROPOSED CHANGES In March 2017, the Mayor and City Commission approved Resolution No. 2017-29759 accepting the recommendation of the City Manager to negotiate with Wade Trim, Inc.for the Architectural and Engineering Design Services of the First Street Project. On June 16, 2017, the City and Wade Trim entered into an agreement to perform said services. Over the course of the following two years, Wade Trim and staff coordinated with stakeholders to define the appropriate design criteria, including typical section, pump station location,and outfall location. During this time, a change order to the original scope was negotiated and subsequently approved (Resolution No. 2019-30987)to address a change in the City's design storm criteria from a 5-year, 24-hour storm to a 10-year, 24-hour storm. However, due to major changes in the design parameters and the lack of advancement in the project design, the City terminated the original design contract with Wade Trim Inc.for convenience. The Administration intends to incorporate its integrated water management strategy to the First Street Project. The City intends to continue to use the design-bid-build procurement method. The design will include the following changes in accordance with the blue green strategy provided by Jacobs Engineering: • Implement new strategies related to Blue Green Stormwater Infrastructure • Implement the latest stormwater level of service and design criteria • Develop a hydraulic model that includes the latest stormwater criteria • Attempt to design a single pump station to serve the entire South Pointe Neighborhood at the new proposed location (South Pointe Park).The feasibility of this item will be fully determined during detailed design. • implement requirements for water quality treatment to include a hybrid solution (pollution control devices, and outfall discharge)to address concerns raised by the regulatory agencies. The preliminary cost for this project is approximately$25 million. The current budget is approximately$26 million. In addition, there will'be a future allocation of$5 million as part of the General Obligation(GO) Bond for the above ground infrastructure. However, to comply with DERM water quality requirements, it is expected that this estimate can be 10 to 20 percent higher, dependent on what be accepted. The Administration is currently working to show the revised project to the community,the current presentation is attached. Results from the 2019 Resident Survey show that 50% of residents rated efforts to manage stormwater drainage and flooding as excellent or good. In order to continue maintaining excellent standards in this area, the City recommends accepting the recommendation of the LUSC to proceed with the location of the pump station and outfall discharge at South Pointe Park and roadway design for First Street. CONCLUSION The City has spent significant resources engaging the community for three years. While the Administration makes every effort possible to address resident concerns, there are no projects that garner complete community support. The existential issue of sea level rise and climate change is requiring significant infrastructure investments that will adapt the City and reinforce the resilience program. Additionally, the Transportation and Mobility Department has determined that while both options are viable, Option 2 better aligns with the City's adopted Modal Hierarchy and Transportation Master Plan which prioritizes pedestrians over other modes. The Administration recommends accepting the recommendation of the Land Use and Sustainability Committee at its May 26, 2020 meeting,to proceed with the location of the pump station and outfall discharge at South Pointe,and roadway design for First Street (Option 2). Applicable Area Page 510 of 859 South Beach Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? city Code Section 2-14? Yes No Legislative Tracking Public Works Sponsor Vice-Mayor Mark Samuelian ATTACHMENTS: Description O Miy 26,2020 LUSC afteraction O May 26 MEMO1 D) First Street MEMO revised(1) ❑ Resident Poll Results and SOFNA Letter of Support ❑ Typical Section,Q tpp ion (.LZ). O LTC 213-2020 TPBPF Committee Motion-Re 1st Street Design.pdf O First Street Presentation • Page 511 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting • R7- RESOLUTIONS 2:39:57 p.m. R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE LAND USE AND SUSTAINABILITY COMMITTEE AT ITS MAY 26, 2020 MEETING, TO PROCEED WITH THE LOCATION OF THE PUMP STATION AND OUTFALL DISCHARGE AT SOUTH POINTE PARK, AND ROADWAY DESIGN FOR FIRST STREET(OPTION 2). Public Works Deferred from June 24, 2020- R7 J Vice-Mayor Mark Samuelian ACTION: Resolution not adopted. Motion failed. There was consensus to defer the item to the September 16, 2020 Commission Meeting as directed; All present. Lilia Cardillo to place on the Commission Agenda, if received. Roy Coley to handle. DIRECTION: • Option 2 selected for 1st Street design. • Consider locating the pump station against the northern most part of the parking lot at South Pointe Park. • Consider bringing in Jacobs Engineering to look at the Blue-Green Infrastructure, and the generator/pump location and work closely with residents. • Consider the idea of a Blue-Green Advisory Panel. • Look for options to replace parking loss as part of the Marina project. Mayor Gelber informed his colleagues that the has been running in and out of meetings today, as a group of Mayor's Conferences are discussing the CARES Acts funds with Miami-Dade County. He explained that during today's Commission meeting he may be stepping out for brief periods of time. This is particularly important, as it is going to determine what the distribution of the money coming into the County is and how much will be dedicated to municipalities. The parties are finalizing negotiations and that will determine how much money the City of Miami Beach will receive. Vice-Mayor Samuelian explained that this project that has been going on for six plus years. In discussion with the City Administration, he decided to sponsor the project on 1st Street, which is South of Fifth. The degree of road raising in this project is comparatively limited. 1st Street has a 150-foot right-of-way and there is a great deal of room to work with. Secondly, he sponsored the project because it was pre-funded. He has great admiration for this neighborhood, and residents have become engaged to make it a better project. At the Land Use and Sustainability Committee, his colleagues thought they should take more time with this discussion and he offered to have additional public outreach.That was an incredibly wise decision and they are better positioned today because of the decision to move forward with a better project. The first question for his colleagues is do they want to move forward with this project, because the next step would be costly at$2 million of design work. He wants to move this project forward and will champion that. The second question is regarding street design on 1st Street. The recommendation on the table is for one of two alternatives. He is hopeful that they can decide that today. The third decision is related to the location of the pump,which involves a generator as well as an outfall location. His recommendation is that the decision on the location be keyed up in the next phase of the design work and he recommends not making that decision today. After countless meetings, he is not convinced that they are ready to make that decision today. He notified Mayor Gelber that there are 24 speakers online that may have taken Friday off to speak on the issue, and procedurally, to the extent they can have direction from the Body as whether or not they are making that decision, they might save Page 3 of 30 Page 512 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting people's time in explaining things. He asked for the City Administration and his colleagues for their perspective. Mayor Gelber explained that Vice-Mayor Samuelian is recommending approving either Option 1 or 2 today and deferring the location and configuration of the pump station. Vice-Mayor Samuelian agreed with the Mayor's recap. City Manager Morales suggested taking the second item first, and if they are deferring the pump location station that would save a great deal of discussion time. He has no objections to that. Mayor Gelber urged the speakers to not speak if the item is deferred. Commissioner Richardson asked the Administration if they can decide one of the items and not the other, and which of the two issues must be decided first. Can it be bifurcated? City Manager Morales explained that this is one project and they are both critical paths. The City Commission can decide on the street configuration today, but they cannot start design in earnest, because not knowing the location of the pump station is a critical path issue. It does not hurt to make one decision today, but the Administration cannot give the green light to the design builder to put together a design criteria package without knowing all the critical elements, such as the pump location, where the pipe goes, and where the outfall is. Commissioner Richardson added that people want to talk about the location of the pump and per the discussion they wilt not be able to start the project until they decide on both. At last month's meeting, he raised concerns about process and outreach; there was an online and email survey that yielded results, but his friends at Rebecca Tower told him that they were excluded since they do not have access to computers. He does not know if there has been specific outreach to people who normally do not use computers. This is difficult for him because he ran on a platform of not being a "pause person" on sustainability issues and now, they must pause. He is troubled and frustrated by the process seen on West Avenue and now on this project. If they cannot bifurcate these two and they are not ready to decide on the pump station location, which they are not, then they should defer the decision on both. He intends to bring an item in September for consideration by the City Commission on minimum standards and protocols that must be followed for all these projects to"check boxes;" a check sheet to check on before the project moves forward. He thinks they need that type of protocol in the City. He recognized that part of the problem is that citizens do not become engage until they see the bulldozer and he saw that with the five-year Alton project. If they are going to defer the decision on the location,which he supports,then they should defer both issues. He will bring his item in September as he said. Commissioner Meiner shared his colleagues'concerns about process. He also sponsored an item dealing with notifications to residents and is curious to see the check list Commissioner Richardson will come up with. He met with Public Works Director Roy Coley yesterday and they walked through the area and he got some understanding of the issues. Under the current Administration's recommendation, where would the pumps be? Roy Coley, Public Works Director, explained that the pump station itself would be below ground in the parking lot commonly referred to as the Smith&Wilensky's parking lot.The control panel would be above ground. Originally the Administration proposed it to be in the park surrounded by vegetation and in today's presentation they are willing to offer to move those controls to the parking lot if they want to preserve the park. In answering Commissioner Meiner questions, Mr. Coley added that as part of all designs going forward, per City Commission direction, all pump station projects Page 4 of 30 Page 513 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting must include generators, the largest single component. A great deal of the aboveground components in this project is the generator. He explained that the underground pump station would collect the pipe water from throughout the South of Fifth neighborhood and pump the water out to Government Cut as proposed.They are all electrically run by FPL power.The generator is a backup in case of a power failure. Power reliability is high and there is low likelihood of power failure,that is why originally they did not install generators in these projects, but then they experienced a power failure in the middle of a storm in the Sunset Harbour community, and after that experience that is when City Commission decided that all future projects should have generators to not have that risk. They have not a power failure situation since. - Commissioner Meiner stated that there are ten projects without generators. Mr. Coley explained that the pump stations built prior to City Commission Resolution directing the installation of generators do not have generators and they have not gone back to retrofit most of those. In answering Commissioner Meiner, he explained that originally when projects were designed staff was largely guided by the Blue Ribbon Panel on Sea Level Rise, who were advised by AECOMB and staff; they had debate about the intrusiveness of the large equipment versus the risk of power failure and the risk of flooding if there was a power failure.The advice was not to install the generator, and they did not. After the power failure the City Commission decided to install the generators. Commissioner Meiner understands that current policy per City Commission now is that any project that installs a pump must accompany a generator. Mr. Coley stated that is their current directive. Commissioner Meiner asked if Mr.Coley were starting from scratch,would he implement that policy. Mr. Coley responded that each project should be looked at individually as there is a different risk in each neighborhood if there was a power failure, depending on elevation of habitable spaces, and FPL's ability to offer reliability representation. For example,the Sunset Harbour pump stations have a single power feed to the pump stations, and they are working with FPL now about getting an agreement that all pump stations have dual electrical feeds from dual sources. Dual FPL power sources would make it be very unlikely-to lose power from both. If they were able secure that, that would certainly impact how much risk one has from not having a generator. Mr. Coley added that a temporary generator works if they have a planned outage or they want to deploy temporary generators in advance during or after a hurricane. A temporary generator will not allow time to deploy generator to the location and get it running in the middle of a storm. That is the risk of not having a permanent generator. Commissioner Meiner stated that the policy existing requires a generator, and a great deal of projects get hung up due to the size of the generator, which can be imposing; understandingly residents near the vicinity are objecting. He wonders if they should consider changing that policy on a case by case basis and hear from each neighborhood whether they want the generator understanding the risk that could happen with pump failure. There have not been any issues with the projects that do not have generators, but for one. Mayor Gelber explained where they are at on the issues and asked if there is consensus to defer the pump station location and asked for a vote on the deferral. Discussion held. Page 5 of 30 Page 514 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting Commissioner Arriola thinks they should proceed with Option 2 and address public concerns with beautification of the project. Vice-Mayor Samuelian stated that it is important to know where they go from here. The plans must be reviewed by the Design Review Board per Ordinance. He thinks they need to be clear with the Administration as to the path forward, so they can make the decisions such as to the size and magnitude of the pump and its location,where the generator is going to go, and how they are going to apply the Blue-Green, which is for approval per Jacobs Engineering Study, and how do they engage residents in the process. He suggested proceeding with a design process. He fears that if they defer without a process in place, they will not be able to jump start the progress. He suggested moving forward with the project. If the City Administration thinks they have the resources to do that, so be it, but he thought there was also a notion of bringing a design firm like Jacobs Engineering. He thinks this needs to be viewed in an integrated way and with residents. They need to come to some clarity on the path forward. Mayor Gelber asked for a vote on the streetscape;Option 1 or Option 2. He asked if there were any objections for Option 2. Commissioner Richardson previously asked if the Commission decides on one and not the other, can they keep the project moving, and the answer he received is"no." Deciding on the street today would not benefit anyone because the Commission has deferred the pump station location. He thinks there is more work that needs to be done on the streetscape. He does not think there has been enough engagement, the online poll was not fair as there are people in the community that have not had their voices heard. If there is a benefit by making this decision he would be in support, but he is being told that both items are in the critical path together. Mayor Gelber announced that there appears to be consensus to defer the pump location issue. They will discuss the Options. He added that he appreciates his colleagues talking about notice, and this may have been due to the pandemic related. No one has ever accused this City government of hiding things from residents. If there are people in the community that do not know what the City is doing, they are going to be given the chance to know and be aware of the options. That is incumbent on the Administration,and it is challenging during a pandemic.The Administration may have to improve their outreach, but he is proud of how the City does outreach. He looks forward to more items. He clarified that the pump station item has been deferred, and for the speakers they will be addressing only whether they prefer Option 1 or 2. Roy Coley, Public Works Director, showed a PowerPoint Presentation (Road Raising & South Pointe Neighborhood Drainage Improvements) and explained the differences between Options 1 and 2,which also includes the road design. Click here to view. Vice-Mayor Samuelian thanked staff for the community outreach and stated they are focused on the 1st Street design Option 1 or Option 2. He asked for comments from his colleagues. Mayor Gelber announced called for public comments. Speakers can talk about anything they want, but the decision on the pump location has been deferred. 3:62:01 p.m. PUBLIC COMMENT 1) State Representative Michael Grieco stated that the one drawback for Option 2 is the loss of parking spaces, which has been addressed.A vote for Option 2 is a vote for saving lives, decreasing the size of the streets, and increasing pedestrian safety. The other option provides for two 20-foot travel lanes Page 6 of 30 Page 515 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting adjacent to private property. They had a Town Hall meeting and mailers were sent out. He is excited to have this one decision made today and thanked them for their time. 2) Ronald Starkman stated that the communications was dismal up until a month ago and meetings were held with condominiums was just with a couple of buildings by someone unauthorized. That may have been the confusion on the survey. They need to look carefully at the original Blue-Green option. Since the original advances have been made in this area, maybe they can do more. The engineer for the Marina project has presented several ideas on Blue-Green than could apply to the rest of the neighborhood. 3) John Lasalandra urged Mayor Gelber and the City Commission to listen to their voices. He opposes the pump station and is concerned with the parking of choice A or B and suggested deferring both items. Clerk Granado called for speaker Katie, then Jack. There being no connection, the next speaker was announced. 4) Robert Goodrich thanked everyone for providing time for the residents in the South of Fifth area to have more personal input and information on what is going on with the pump station. His concern is that they try to get it more in an already commercialized area as opposed to areas that are more residential and recreational. 5) Matthew Goldhanna, resident of The Courts at South Beach, thanked Vice-Mayor Samuelian for championing this project. He is in support of Option 2 and urged the City Commission to proceed with the choice to prioritize the safety of pedestrians, family, and children that live in the neighborhood,with wider sidewalks, more green space and shade trees, and a more walkable urban neighborhood and safer for all. 6) Silvia Alvarez lives at Murano and Portofino and owns units at 65 Washington Avenue with 26 units, eleven of her residents have residential parking, many of the buildings South of Fifth have no vendor parking and rely on street parking. There are plenty of canopy from trees on either sidewalk and the medians and urged the Commission to select Option 1. 7) Keith Marks thanked the City Commission and Vice-Mayor Samuelian for considering the volume of inbound letters holding this off on the pump location decision. He is glad to hear that Jacobs Engineering is getting involved. He would like to be part of a Blue-Green Residents Advisory Board, which could get outreach and take streets from 5th Street to Alton Road and Washington Avenue. He suggested the City engage other engineers, such as Jacobs and look at raising the streets and making them porous. 8) Eric Margules would like to see Option 2 for a more walkable City. He would appreciate if the presentations, questions, and answers could be distributed to residents by emails. 9) Derrick Chan stated on some days he can smell the pump station. As to pedestrian safety, the facility will be blocking people from the sight of vehicles. Also, homeless people could sleep there. It may not be safe. 10)Cinthia Olsen called to urged to vote for Option 1. She has tenants that utilize the street parking. Residents in the neighborhood need their vehicles to go to work and many buildings do not have designated parking. Parking is essential to the neighborhood. 11)Paula Allen thanked the City Commission and staff who has worked on this project for so long. She is in support of Option 1,which keeps the 39 parking spaces and does not do away with 24 parking spaces, to leave only 15 spaces to serve all the residents and businesses of 1st Street. She disagrees with the Page 7 of 30 Page 516 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting parking studies as they were done during a pandemic and did not reflect the four days when the beach was closed. 12)Vivian Cruz wanted to speak on a Lincoln Road presentation. Mr. Coley explained that the item she is referring to will come back in September for discussion. 13)Alan Fishman, President, Continuum South Tower Condominium Association, on behalf of the association thanked the City Commission for deferring the pump location conversation until more facts are received. In his experience in transportation and parking, the City at no time should be giving up sparse, coveted parking spaces without an alternative plan in place. Those parking spaces taken away need to be accounted for somewhere else with new parking, not parking already built a year ago. It is especially important that the City reaches out and use the online media and suggested for Tonya Daniels, Marketing and Communications Director, to reach to all citizens of Miami Beach so they can get their input. The City has the tools to do it and Tonya should be doing it. 14)Wayne Roberts is concerned about raising streets and the impact of properties. The water flows to the lowest point, so before they make any moves, they need to find out what the impact is. If they lose 40 parking spots between South Pointe Park to lSt Street, they will lose about a half a million dollars of revenue in income from parking meters. 15)Frank Del Vecchio stated that the engineers have advised that the pump station could be operational, if the South Pointe Park location is chosen, by the end of 2024.The complications with any other location would extend that completion date. (Technical difficulties). Should not the integration of the construction at 15'Street to place a stormwater drainpipe, which cannot function without the pump station, be timed to coincide so they are both completed on the same date. Could they integrate the decisions on 1st Street? 16)John Rutherford thanked the City Commission for doing this and in particularly thanked Roy Coley for his compelling presentation on all aspects. It was really thought through and the City is lucky to have such an engineer working on things. He has seen the improvement in designs over the course of time and likes the idea of dropping the generator. 17)Michael "Mike B" Barrineau appreciates the opportunity for Vice-Mayor Samuelian to clarify his original three objectives.The idea was to move forward with the project and let Jacobs Engineering get involved with the location of the pump stations. That expertise might be useful. To Mayor Gelber, regarding the deferral, he does not think that was the intent of Vice-Mayor Samuelian. City Clerk Granado called for speaker Jack F. twice, and there being no connection he called the next individual. 18)Cindy Esquivel thanked the City Commission for the time spent on this issue. Her concern is the information recently brought up with the change from Option 1 to 2. Option 1 was the originally proposed and thousands of hours were spent on it during the past three years.They noticed that both traffic studies are flawed. They both did their own studies and the numbers are inaccurate. She sent to the City Commission by email pictures and full documentation.During the day,the number is about 84%,at night five spaces were left out and other days were not documented, it is about 70%. Most importantly, the first night study showed there was a 90% scanning of residential decals. 19)Marta D. Trueba has two apartments at 65 Washington Avenue. She is in support of Option 1. They should be adding parking, not eliminating. This study may not have been done when the snowbirds are Page 8 of 30 Page 517 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting down and there is an alleyway behind restaurants that could have been an option to do any kind of work. She thanked the City Commission for what they are doing. 20)Alyson Herman, on behalf of Portofino Towers and Portofino South Pointe Master Association, thanked the City Commission for reviewing all the community letters, taking that into consideration, and delaying the pump station location decision. She is in support of the Blue-Green Initiative infrastructure and suggested that Commissioners' energies should be focused in looking for a holistic and total solution. She supports the suggestion of a Green Advisory Group to find a long-term solution that benefits the neighborhood cohesively. She thinks Jacobs Engineering should be considered to find alternative locations to satisfy the community. 21)Rene Huber, resident of South of Fifth, is opposed to the location at South Pointe Park. Her concern is that they created a beautiful gem in South of Fifth and by putting this pump station they will diminish that. She has heard that the generators are run by diesel and is concerned with the park being their green space and with children playground area and the wind blowing. What would be the impact of the diesel in that area? 22)Rick Kendle stated that the City does not seem to know that they cannot place things in their parks that are larger than 1,500 square feet without a Countywide referendum. About 20+years ago, Miami Beach voters voted to be covered by the park's amendments to the County Charter that restricts construction in a park of any structure of more than 1,500 square feet. It is a Charter violation and he asked that they investigate it. 23)Christina Vega is in support for Option 1 due to the lack of parking. During Spring Break or Art Basel there are huge crowds and there is not enough parking. 24)Susie Sherr lives on 1s' Street and uses one of the parking spots but is in support of Option 2 as it is pedestrian safe. 25)Boriana Atanasova has two apartments on 65 Washington Avenue and is in support of Option 1, as there is already limited parking. Mayor Gelber expressed to the callers and those who sent an email that they are being understanding and very polite about these issues in South Pointe. Residents were exceptional, and he thanked them for that. He asked Vice-Mayor Samuelian, regarding a comment made by a speaker, if he wanted to defer the pump location issue or not. Vice-Mayor Samuelian agreed on the next steps and it was his intent to continue making progress with this project, whether it is Jacobs or in-house. It is a tough call; he listened carefully to both sides, but he is in support of Option 2, that is the recommendation of the professionals in the Administration and from the Land Use and Sustainability Committee. Commissioner Richardson appreciates the community engagement and asked if Jacobs Engineering has been engaged on this project yet and what is the status of that. Mr. Coley stated that Jacobs Engineering is currently under contract with the City to develop the integrated water management plan, and that contract would allow for the City to develop a future task order such as this. As of today, no outside consultants are under task orders to work on the South of Fifth Project. They have spent up to $450,000 in consultant fees at the conceptual level and they ceased all outside work until they gather all their components. The intention was to negotiate a task with Jacobs Engineering, since they are the City Commission selected water Page 9 of 30 Page 518 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting management consultant, and for them to design this project for the City. But Jacobs Engineering is not under that task today. Commissioner Richardson asked why the Administration changed their recommendation from Option 1 to 2. Mr. Coley explained that originally there were seven or eight options and they got to one they thought the community would support, realizing that staff was designing to suit the neighborhood at the time,and they thought they had.When other residents were not on board with that design,they came up with Option 2, and recognized that there are advantages with the model hierarchy, and that it gave them opportunities to capitalize on the Blue-Green Infrastructure plan, they thought that was the best choice. In answering to Commissioner Richardson, he explained that at the Land Use and Sustainability Committee's direction, they asked SOFNA for a recommendation. SOFNA recommended Option 2. Both Options were vetted by City professionals, in-house engineers, consultant engineers, and either design is safe. Discussion held. Commissioner Richardson stated that one of the callers said this would save lives. He has not Heard of any accidents specific to that street, and public safety is particularly important. Jose Gonzalez, Transportation and Mobility Department Director, is not aware of any serious accidents or facilities when looking at 1st Street with or without the median configuration. Many valet drivers are making U turns and that will be allowed with Option 2. He is not aware of any fatalities on 1st Street. Commissioner Richardson stated this is a tough call. The possibility of the pump station going into the parking lot means the loss of parking spaces. At the Finance and Economic Resiliency Committee they discussed the Parking Department, and employees complained that the City continues to take away parking spaces and there is less opportunity for revenue. They criticized them for not pulling enough revenue, so parking continues to be a problem. He is concerned with the use of the results of the SOFNA email studies as he does not think it was fair to have input based on an email study. There should have been input that allowed people to vote in another option, as they have seniors and other people that cannot vote online. He does not want to give up the parking in that area. There are reasons that Option 1 may have better safety measures. He learned during the.Alton Road project that when there are medians it has a way of calming traffic. The business community did not want medians on Alton Road, so what they have there now is a compromise between businesses and pedestrians.Option 1 has medians.What troubles him about Option 2 is that there are no designated bike lanes and the Commission is encouraging people to ride bikes more. He also likes the median. If Option 2 provided better public safety than Option 1, he would go with that, but he is in favor of saving parking spaces, 22 spaces plus potential 18 more. He is not willing to support the loss of parking. He is in favor of Option 1. Commissioner Meiner echoed some of his colleague's comments. There is much merit to Option 2, but he is concerned about the parking spaces. He is a data driven person and that is why at the last meeting he asked for a more robust parking data. He has trouble finding parking spots when he goes there, and he is concerned for residents and businesses that rely on parking there. For those reasons he will support Option 1. Mayor Gelber sees a great deal of similarities with both Options. He will follow staff's recommendation on this decision, even though Cindy Esquivel made a compelling argument to him and he hates to disappoint her. He is in support of Option 2 because Roy Coley made a case. Page 10 of 30 Page 519 of 859 After Action July 24, 2020 City of Miami Beach Virtual Special Commission Meeting Regarding the survey, he feels they made an argument that although the SOFNA survey subsequently was what got them going at the end of the day, the Administration's position subsequently is the Blue-Green approach, and that is what the City is doing now. He understands that parking lot and parking spaces are an issue and they will consider that if they have a pump station. For him,the Blue-Green issues are the most important and to follow their professional staff's recommendation. Commissioner Arriola is in support for Option 2. Commissioner Steinberg thinks there were good things said. Parking is important and is not sure why some of the buildings are not allowing vendors to park inside their buildings. Causing vendors to park on the street, taking up parking spaces that are meant for residents and business patrons. As a City they started evolving, and they have set as their mission to prioritize pedestrian, bicycle, and then cars. They are trying to fit into that narrative and staff is recommending Option 2. She is fine with either option. At the end of the day, she is happy they are moving the project forward. She wants to make sure the Administration addresses the parking loss and how it would be made up especially for the residents of Rebecca Towers. Mayor Gelber stated there is consensus to vote for Option 2. Discussion held. Commissioner Gongora added that Option 2 is approved 4 to 2, so his vote would not change anything. He is extremely concerned about the removal of the parking and suggested looking for a way to replace that as part of the Marina project. Vice-Mayor Samuelian stated, that if they want to advance this project, they could bring in Jacobs Engineering, have them look at the Blue-Green and the generator/pump location, and work closely with residents. He loves the idea of having an Advisory Panel, and if they want to proceed forward that is the direction, if not, he is not sure they will be in a better place two or three months from now. City Manager Morales added that they want a decision on the pump stations sooner rather than later. He does not see any reason why they cannot get Jacobs involved to look at that issue and help the City with it, even if it is not the full design of the criteria, that will also give them time to do more outreach and answer questions. Most of the emails he received expressed support for the project but did not have enough information about the location. He thinks they can do more outreach and answer questions. Roy Coley put out strong reasons why that location makes sense, but they can try to bring some finality to the pump station decision, so they do not lose the timetable shown. With communication he hopes to get some finality on the pump stations within 60 days. Commissioner Richardson asked, after listening to comments on the pump station, what is on the table to have that footprint in the middle of that parking lot. He is asking for the City Commission to consider putting the pump against the northern most part of that parking lot, which would not be a box in the middle of the park but lined along the edge and may make it less imposing. It may not work, but he asked that they investigate that. Handouts or Reference Materials: 1. Email from Alexander I. Tachmes, ATachmesashutts.com, RE: P7 A — Request by Portofino/South Pointe Master Association to Bifurcate Item R7 A and postpone for One Month the Proposed Stormwater Pump Location, Dated: July 23, 2020. Page 11 of 30 Page 520 of 859 After Action July 24,2020 City of Miami Beach Virtual Special Commission Meeting 2. Email from Alexander I. Tachmes, ATachmesAshutts.com, RE: R7 A — Request by Portofino/South Pointe Master Association to Bifurcate Item R7 A and postpone for One Month the Proposed Stormwater Pump Location, Dated: July 24, 2020. 3. Email from Diane Klein, dklein130Agmail.com, RE: OPPOSITION TO LINCOLN ROAD PUMP WEST END LOCATION; Dated: July 24, 2020. 4. Email from Suzy Buckley, suzvbucklevagmail.com, RE: Pump Station in South of Fifth, Date: July 23, 2020. 4:35:41 p.m. R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE 2019 UPDATE OF THE UNIFIED REGIONAL SEA LEVEL RISE PROJECTION OF SOUTHEAST FLORIDA AND THE ACCOMPANYING UNIFIED SEA LEVEL RISE PROJECTION, SOUTHEAST FLORIDA;AND FURTHER DIRECTING THE CITY OF MIAMI BEACH TO UTILIZE THE UPDATED REGIONALLY CONSISTENT UNIFIED SEA LEVEL RISE PROJECTIONS FOR PLANNING,DESIGN AND CONSTRUCTION PURPOSES. Office of the City Manager ACTION: Resolution 2020-31315 adopted.Adopted by acclamation; Vote: 7-0, Amy Knowles to handle. Amy Knowles, Chief Resiliency Officer, showed a PowerPoint presentation. Click here to view. She explained that this item is to adopt the most recent sea level rise projections released by the Southeast Florida Climate Change Act. The City previously adopted projections back in 2016. Planning for sea level rise is particularly important. In 2018 the City Commission directed the Administration to collect data annually and report to the City Commission along with the compact. Miami Beach is close to sea level and it is incredibly important to be using the best available science for the City's policies and design standards. Per the diagram, the City has the lowest elevation on the west, and as it goes to the east it goes to up to about 11.4 feet. It is incredibly low, and any foot in rising sea affects their ability to address flooding in the future. Last year they adopted a Comprehensive Plan and additional regulations to address sea level rise.The Jacobs Engineering Report and the Resiliency Code are rooted on this. She presented statistical and planning graphs to show that over the last 100 years there has been sea level rise with acceleration of about three to four inches in the last decade. She spoke on the importance of using Sea Level Rise Projections and best engineering practices in the City's work. Vice-Mayor Samuelian is in full support of the item; it is wonderful that they are using a regional approach. There is one inch of sea level rise per decade noted with recent acceleration. The projections over the next decade calls for a 40% percentage increase over what they have been experiencing. From the COVED-19 pandemic they are seeing that they need to be careful with their models, monitor and scrutinize them, and focus on the real-world data. He is happy to support the item. Mayor Gelber stated there is unanimous support. Page 12 of 30 Page 521 of 859 MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov • COMMITTEE MEMORANDUM TO: Land Use and Sustainability Committee FROM: Jimmy L. Morales, City Manager DATE: May 26, 2020 TITLE: DISCUSS STATUS AND JUMP STARTING OF FIRST STREET NEIGHBORHOOD PROJECT HISTORY: The City of Miami Beach is committed to preserving the welfare and safety of its residents, visitors, and businesses. One way that the City meets this goal is by adapting its infrastructure to sea level rise and climate change. Low-lying areas, such as First Street, are vulnerable to tidal and rainfall flooding. The First Street corridor experiences constant flooding during extreme high tides and heavy rain events.As a result, the City decided to implement improvements to the stormwater system that will provide the'neighborhood with a higher level of service. Thus, a neighborhood project was developed for First Street between Alton Road and Washington Avenue. The project would also provide drainage infrastructure to address flooding in the broader South Point Neighborhood. The improvements included the following: •Installation of a robust drainage system comprised of a major stormwater pump station and major stormwater pipes along Alton Road, Washington Avenue, and First Street. • Elevating First Street and providing streetscape enhancements such as new sidewalks, pavement, lighting, landscaping, etc. The First Street project was developed as a conventional design-bid-build project. Conventional projects provide many benefits including a fully designed project that provides a well defined bid set that provides the contractor with strict parameters to deliver a high quality product. However, design-bid-build projects are not as flexible as design-builds to changes once a project is let. Modifications to the project, usually by change orders, can be very costly and add time to the original schedule of a design- bid-built project. • Page 522 of 859 In order to ensure that the community's interests are accounted for and to limit changes after the project has been designed, the City has engaged the community and project stakeholders to allow public input and stakeholder concerns to be addressed. The community engagement effort commenced from the project onset and continued over more than a three-year period where staff held 28 meetings (see Exhibit A) to address community and stakeholder concerns. During these meetings a concerted effort was taken to align the community's requests with the recommendations made by experts such as Urban Land Institute and Harvard University on the City's overall stormwater program. While most of the residents were in favor of the proposed improvements, many differed on an appropriate location for the pump station and the typical section along First Street. Nonetheless, a consensus was reached on the typical section. The City team even obtained a determination from the National Fire Protection Association regarding clearances for fire trucks due to the placement of a median with additional greenspace. Consensus was also reached regarding the location of the Pump Station, with the South of Fifth Neighborhood Association(SOFNA)opining that the pump station would be best fit in the South Pointe Park. ANALYSIS: PUMP STATIONS ALTERNATIVES: The City evaluated a total of six different pump station locations and six different outfall routes into Biscayne Bay and Government Cut. These include: 1. The First Street Park at the southeast corner of First Street and Alton Road 2. The Miami Beach Marina south parking lot 3. The Commerce Street and Jefferson Avenue intersection 4. The Pilot Boat Basin behind the Apogee condominium 5. The South Pointe Elementary School parking lot 6. South Pointe Park Alternatives 1 - 5: These locations were eliminated due to site constraints, such as lack of easements, construction disturbances, impacts to the marina operations, and limited space. Additionally, due to the site constraints, a second pump station would be required to provide a full 10 year storm event level of service to the South Pointe Neighborhood. Alternative 6 -South Pointe Park: The community has always considered South Pointe Park the "jewel" of the City, as it attracts visitors from all over the world. After careful consideration of all potential alternatives, the community agreed that the pump station should be located within the park. Conceptually, the underground components of the pump station can be located underneath the parking lot and the above ground components can be dressed with greenery just south of the parking lot. Page 523 of 859 The major benefits to this alternative are: •No easements are required 'Construction of pump station does not disturb residences 'There is ample space to install a pump station that can service the entirety of the South Pointe Neighborhood. Therefore a second pump station would not be required, assuming the ability to install pipes with enough capacity (this will need to be defined during detailed design). 'Designers have the ability to use vegetation and trees to screen the pump station's above ground components •The pump station will discharge to Government Cut, thereby eliminating the possibility of impacts to the marina's operations. TYPICAL SECTION ALTERNATIVES: Although the community generally agreed with the urgent need to implement a reliable stormwater management system within the South Pointe Neighborhood, there were differing views regarding the configuration of the First Street corridor. A total of nine different typical sections were presented to the community for consideration. Some included water features and greenspace separators for valet parking. Others included large iconic medians with dramatic greenspace and enlarged pedestrian promenades. The major functional differences for each typical section are as follows: • Divided vs. undivided typical section. • One-way vs. two-way traffic. • Protected vs. shared bike lanes. SOFNA selected the two most representative typical sections and developed a survey last month to document support for each. The options provided in the survey are described below: Option 1: • Divided two-way traffic (median) • Protected bike lanes .0n-street parallel parking adjacent to the sidewalk and on the median for the residential side only Option 2: 'Undivided two-way traffic (no median) •Shared bike lanes •On-street parallel parking adjacent to the sidewalk A significant majority of residents reportedly voted for Option 2. Out of the 308 final votes received from the residents, 64.9%were in favor of Option 2 and 31.4%for Option 1. 3.5% responded but did not check off a preference. As described above, Option 2 Page 524 of 859 will be an undivided roadway with parallel parking on both sides of the road, shared bike lanes, and equal greenspace and sidewalk on both commercial and residential sides. Compared to the existing conditions, the new typical section will provide wider sidewalks and more green space. However, due to the removal of the median, 24 parking spaces on the median side will be lost. DESIGN EFFORTS AND PROPOSED CHANGES In March 2017, the Mayor and City Commission approved Resolution No. 2017-29759 accepting the recommendation of the City Manager to negotiate with Wade Trim, Inc. for the Architectural and Engineering Design Services of the First Street Project. On June 16, 2017, the City and Wade'Trim entered into an agreement to perform said services. Over the course of the following two years, Wade Trim and staff coordinated with stakeholders to define the appropriate design criteria, including typical section, pump station location, outfall location, etc. During this time a change order to the original scope was negotiated and subsequently approved (Resolution No. 2019-30987) to address a change in the City's design storm criteria from a 5-year, 24-hour storm to a 10-year, 24-hour storm. However, since the project's typical section and pump station location remained in flux,Wade Trim was not approved to continue design efforts beyond the 30% phase. Due to major changes in the design parameters and the lack of advancement in the project design as a result of continuous redesigns in the conceptual phase, the City terminated the original design contract with Wade Trim Inc. for convenience and engaged Jacobs Engineering to complete the design. Both consultants have been selected by the City to perform design services using the process outlined by Florida Statutes Section 287.055. Although staff has originally recommended Option 1 as the preferred typical section, the Administration recognizes the substantial importance of commencing this project and providing the South Point Neighborhood with a reliable stormwater management system. Thus, in order to proceed with the project, staff recommends that the Committee accept the location of the pump station at South Pointe Park, the outfall discharge point at Government Cut, and Option 2 as the roadway typical section. Furthermore, staff recommends that the Committee refer this item for formal adoption at the next City Commission meeting. This adoption by City Commission will enable staff to finalize the design of this project and initiate the permit applications to the regulatory agencies. The City will continue to use the design-bid-build procurement method. The design will include the following changes in accordance with the blue green strategy provided by Jacobs Engineering: 'Implement new strategies related to Blue Green Stormwater Infrastructure 'Implement the latest stormwater level of service and design criteria Page 525 of 859 -Develop a hydraulic model that includes the latest stormwater criteria -Attempt to design a single pump station to serve the entire South Pointe Neighborhood at the new proposed location (South Pointe Park).The feasibility of this item will be fully determined during detailed design. -Implement requirements for water quality treatment to include a hybrid solution to address concerns raised by the regulatory agencies The preliminary budget estimates for this project is approximately $25 million. The current budget is approximately$26 million. In addition, there will be a future allocation "of $5 million as part of the General Obligation (GO) Bond for the above ground infrastructure. However, to comply with DERM water quality requirements, it is expected that this estimate can be 10 to 20 percent higher, dependent on what be accepted. CONCLUSION: The Administration recommends approving the location of the pump station at South Pointe Park, the outfall discharge point at Government Cut, the typical roadway section associated with Option 2, and proceed with the project design. ATTACHMENTS Page 526 of 859 'r A r••i a}�''.. sy'J' i . -7 . .':f IS �i '1 ll q• il: • f wyL�• `�� TMi.��) h t .. 1 { .vet g� W •• if3 4r T 1$I^bct� tw t �w "a �'t r R F.r. ' .4:',4:401.11' •r k ; dl�i is - ':;!1::!-:,'h:.::':',!.::'.'.':". I�• y� r.,r I 1`�' •ra _ h 'e' ,rs ks . y ilei a �L ° I 1,-;',1 ,4.y�,I l' ,."111 11 •ig i6Yl 1f'. d 4 .1 k aye 1k A7.--:-..t..04,..: 4,2k y�, 5- ki„'t r :1 tir,4 ' L"1rJ"f,:`�n'ti 'I r�. R�,kftiaN E ?rr” . 4j 1 a r,1 ,I' J'iii,,, 1 � '.1 I 8• 5' 2' 6.5' 2• 6' 2' 10' 8' 8' 10' 2' 6' 2 6.5' 2' 5' 8' 2' r . ., .. ' ..� . , .'I . , . .- . . • SIDEWALK PLANTER PARKING BIKE PATH : TRAVEL LANE MEDIAN PARKING TRAVEL LANE 'BIKE PATH PARKING PLANTER SIDEWALK • 0.5' 0.5' • 100'RIGHT•OF•WAY LOOKING WEST • Partin_Ato_1st RICCt IOntyl _ TyP.cal SPF999 Components r Commercial Residential Valet/Handic3R Tata! Pacemenlytj Sidewaltftl Greens a_g131 Total lRl Existing 18 39 7 64 Fxlsbns _ _55 15 30 100 Option 1_ 16 39 9 __ CA 0.tion 1 66 _ 16 l9 1R7 O.tioni 16 15 3 a0 0.0332. 34.5 20 35.5 _ 100. OPTION 1 FIRST STREET TYPICAL • Page 527 of 859 • / ..... , .• • '", • • 't 1 . , ... . . . : 1 • . .. .. , . . , .. ..... . ,. .•!. .. • . . . . .. .._.... ..--—.... • : • .: - I 1 '•,,j1.. ';:: :1:. ::,...., ... 1,. P.• I nj . - '.%— -- '--- --....." '1',.-• ,... ..'.14' :-.;.• i 1..'-'14'....4::' ":! :TO.g.'",2...-P. •.a'•.:-' .I'"9%' avni•''' -.'“.... .•-,'••.:::.':::.".:,..' 4 .:.: .:. ''''.'1,:1''''':• 6, rvt,„Aft,41,4 tir,,,I.,„,.4,1,..`rei!,“4 '.'.-4-:.-.,:r•".'...r4Ilei".. •...";‘,... .1 . I. 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':•i•.+v. ;S'Ii, •r ,".5 .� ''w ••••••''''A I' w"x;'� a,. ^i,Q e" -! 0 250' 500' �y h^ �• 'Y�� +• N•Yw'd f`n m i � V .. ..Dora 1 '.. • • T..v 41 1 ,Ti' ,t t _ k•. n y Y h .: p 1y. A ' 4 r`..fSa , ,i. '.. v+;I 1ki '70r" .` t r ' 7� l h y.t . '.I 5 # `' a F ' 1' the .. tp 's �. 4 • V.y. . t6� .,101,; ,,'17 -4.1 I ,'y� PS OPTION 6 5`�,.f' .•' ..4i.g p '�ba �" 1 _-:' J I .- a "14M ® Ob.1. 1 IIS ea lu ° ' - k id•" still S LEGEND f''v + .• r uat' Iqa• •A.,.:...:.i - 4 m s �' r 1. .,i ,M7�I .du;+^ m ,r• �i':. • Ii PUMP STATION ' d �r. + •;11"' aw it s + °Y .q;.. S PUMP STATION LOCATION DISCARDED f ®, *".I+ e4 / '`' j 0 '+'•17 + • '" ; E` OUTFALL LOCATION ALTERNATIVES: w . IN 2 • © �.P & a .T r "G ® 2a r. :','..t,C'%" r?�'MW .:SPI!. .jf i 1. Is 2b r i M ., k .V IS ,,,,•"...401,i,.#•!"••• •,, ' •• E Ii(] 3F; rI tc A O 4 } �.C;rI CrT4 1x A L 4- ISP , IN 5 EXISTING FM q 11. -1 Lh°., .. •. :041 I�D1601gDR .w.cworarw_1___ rcIru.oY WAND s No 12 South Pointe - CO,VAN." Aww.NOW cs aso+c+r•,a".n_!= • '�'"' ° K'�'++vn`o'�+a`� PUBLIC WORKS DEPARTMENT DIRECTOR Anrcmcr waw.".we 1........._._44, r�Yw..... • ` •�"+�•+^•.•.•'•�"•d•••wr�••+"•>• PUMP STATION OPTIONS/OUTFALL ALTERNATIVES emE^nnen r�uow.erku JACO/ALP see" ° ^" o""Ai""°'�t one asro� •�"r M/A .,", r/" „"a.,,,�� E Page 529 of 859 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 24, 2020 SUBJECT: LAND USE AND SUSTAINABILITY COMMITTEE MEETING OF MAY 26, 2020 A Land Use and Sustainability Committee virtual meeting was held on May 26, 2020. Land Use and Sustainability Committee Members participating were Commissioners Mark Samuelian, Michael Gongora, and Ricky Arriola. Members from the administration, including Alina T. Hudak, Thomas Mooney, Eric Carpenter, Elizabeth Wheaton,Amy Knowles, Nick Kallergis, Roy Coley, Josiel Ferrer, David Martinez and as well as members of public, also participated. The meeting was called to order at 8:10 AM 1. A) Review Of Resilience Strategy Workplan — Planned And In Progress Resiliency Projects. (CIP) B)Discussion On Alternate Harmonization Approach For Improvements At 900 Block West Ave. (PW) C) Review of Palm Hibiscus Status& Road Elevation Experience. (CIP) D) Discuss Status And Jump Starting Of First Street Neighborhood Project. (PW) Commissioner Mark Samuelian Recurring Item CIP/ Public Works 1. A) Review Of Resilience Strategy Workplan — Planned And In Progress Resiliency Projects. B) Discussion On Alternate Harmonization Approach For Improvements At 900 Block West Ave. • Michael Larkin, representing Gumenick properties, explained that his client has developed a proposed harmonization of the east side of the 900 block. Mr. Roy Coley. Public Works Director, explained that the proposed alternate harmonization plan differed from what was presented during the Colombia Accelerator. He also explained that the proposed harmonization will add additional cost. The discussion included the potential of opening the Baywalk as part of the negotiations. - Members of the public discussed the proposed harmonization and the Baywalk. Page 180 of 2194 Page 530 of 859 Report of the Land Use&Sustainability Committee Meeting of May 26,2020 Page 3 of 9 D) Discuss Status And Jump Starting Of First Street Neighborhood Project. (PW) AFTER-ACTION: Mr. Roy Coley presented the item and the two proposed designs. Saul Frances, Parking Director, discussed the parking analysis for the parking needs for First Street. The study found that 58%of the residential spaces were utilized. Josiel Ferrer, Transportation Assistant Director, presented on the transportation and mobility study completed for this corridor. Members of the public spoke on this item. MOTION: By Acclamation:Accept City staff's recommendation, additional minor improvements,and feedback given by City Committees,and move item to full Commission. 2. Comprehensive Plan Amendment For Public Facility (PF) Future Land Use Element. Mayor Dan Gelber March 18, 2020 C4 V(Continued from May 6, 2020) Planning AFTER-ACTION: Thomas Mooney introduced the item. David Martin (Developer) provided a presentation on the proposed Miami Beach Marina lease. Robin Jacobs, for MB Chamber of Commerce, noted recommendation for approval by the chamber. DeAnne Graham indicated support for the project as it will make Miami Beach a more luxury destination. Daniel Ciraldo requested that design presentation be provided online. Jay Parker commented on support for the proposal as it would bring world class quality architecture. Wayne (no last name) commented on opposition to the proposal as it will be bad for Murano Grande and will impact valuation and privacy, and views, and will have an environmental impact. Merve Yirgen commented on support for the proposal and need for a facelift. Andrea Spiridonalis indicated concerns that there are no renderings from the Alton Road perspective(from the street), and that it is unfair to rush forward without meetings. Patricio Fernandez commented in favor of the project and the increase in fees the city will get. Brian Sereny commented that he likes pedestal design, and supports the project. Ceci Velasco indicated support for the project. Sheila Duffy-Lehrman commented that it will breathe life into South of 5th and supports the project. Mike Ohana commented on support for the project and it will add value to south of 5th. Michael Comras indicated that this is an incredible opportunity for the city. Darin Tansey indicated support for the project and what it will bring to the neighborhood. Jake Resnicow indicated support for the project. Alex Sapir indicated support for the project. Scot London commented in favor of the project and the proposed green space. Michael Sadoff indicated support for the project. Dino Spencer indicated support for the project. Karim Sabet indicated support for the project. Seth Feuer indicated support for the project and that it will keep up with neighboring communities. Lyle Stern indicated support for the project and the quality design. Ben Faure indicated support for the project. Page 182 of 2194 Page 531 of 859