20150311 SM2r ^-. -e. @
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t915.2015
MIAMIBEACH
Gity Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Ghambers,3rd Floor, 1700 Convention Center Drive
March 11,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrslt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VIl, Division 3 of the Gity Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5F An Ordinance Amending Chapter 82Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending
Division 2, Entitled "Temporary Obstructions," By Amending Section 82-151 Thereof, Entitled
"Permit Required," To Amend The Permit Requirements And To Amend The EnforcementAnd
Penalty Provisions For Temporary Obstructions Of The Public Right-Of-Way In Violation Of
Permit Requirements; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Parking )
(Memorandum & Ordinance)
1
Supplemental Agenda, March 11, 2015
R7 - Resolutions
R7R A Resolution Accepting The Recommendation Of The Neighborhood/CommunityAffairs Committee
At lts January 30,2015 Meeting, And Accepting The Conceptual Plan As The Basis ForA Final
Master Design Plan For A Proposed Neighborhood Park To Be Located On A Portion Of The Par 3
Golf Course Property Located At2795 Prairie Avenue, Miami Beach, Florida, And Authorizing The
Administration To Pursue A Request For Qualifications (RFO) For A Design Consultant To Further
Develop The lnitial Design Elements And Finalize A Master Design Plan For The Proposed Park
Project.
(Parks & Recreation)
(Revised Memorandum & Resolution)
2
COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance amending Chapter 82, entitled, "Uses in Public Right-of-Way" Division 2,
entitled, "Temporary Obstructions"; amending permit requirements; enforcement and penalty
provisions for temporary obstructions on the public right of way in violation of permit
idinq for codification , severability, and an effective date.
(1) Enhance Pedestrian Safety Universally; and (2) Ensure Comprehensive Mobility
Addressinq All Modes Throuqhout the Citv.
Supporting Data (Surveys, Environmental Scan, etc.)
Citywide procedure was implemented on January 2015 to ensure the maximization of traffic
flow on Major Thoroughfares (MT), particularly during Rush Hours Monday through Friday, T
a.m. through 7 p.m. ln addition, 74o/o of residents and 72o/o of businesses rate the availability
of parking across the City as "too little or much too little."
Item Summary/Recommendation :
The unregulated obstruction of streets and sidewalks pose a hazard and inconvenience to
pedestrians and motorists within the City of Miami Beach. Section 82-151 of the City Code
provides that "no person or entity shall obstruct or cause to be obstructed any street or
sidewalk in this city or impede the general movement of vehicular or pedestrian traffic
thereon without first obtaining a permit from the city's public works department". Sections
82-151(c) and (d) impose several requirements on applicants for permits for temporary
obstruction of the public right-of-way. The only penalty identified in Section 82-151 is that a
willful violation of the permit conditions shall render the permit null and void.
ln the interest of promoting the free flow of vehicular and pedestrian traffic, this Ordinance
provides that the City's Code Compliance Department and Parking Department shall enforce
Section 82-151 and amends the penalty provisions for violations of Section 82-151.
Administration Recommendation: Approve the attached Ordinance at First Reading
and schedule a Second Reading Public Hearing for April 15, 2015.
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary: Marginal. Will be addressed with currenUexisting resources.
Clerk's Office
extension
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EIrr H5 l-E AAIAMIBEACH
112015.sum.docx
AGENDA
DArE.ll[-lt3
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MMISSI MEMORANDUM
To: Mayor Philip Levine and Members the City mission
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: AN ORDINANCE OF THE MAYOR\AND CITY GOMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMEN CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH,..PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY," BYAMENDING
DIVISION 2, ENTITLED "TEMPORARY OBSTRUCTIONS," BY AMENDING
SECTION 82.151THEREOF, ENTITLED "PERMIT REQUIRED," TO AMEND
THE PERMIT REQUIREMENTS AND TO AMEND THE ENFORCEMENT AND
PENALTY PROVISIONS FOR TEMPORARY OBSTRUCTIONS OF THE PUBLIC
RIGHT-OF-WAY !N VIOLATION OF PERMIT REQUIREMENTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Michael Grieco]
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the attached Ordinance
on First Reading and schedule a Second Reading Public Hearing for April 15,2015.
BACKGROUND
The unregulated obstruction of sidewalks and streets poses ahazard and inconvenienceto
pedestrians and motorists within the City of Miami Beach. Section 82-151 of the City Code
provides that "[n]o person or entity shall obstruct or cause to be obstructed any street or
sidewalk in this city or impede the general movement of vehicular or pedestrian traffic
thereon without first obtaining a permit from the city's publicworks department." Sections 82-
151(c) and (d) impose several requirements on applicants for permits for temporary
obstruction of the public right-of-way. The only penalty identified in Section 82-151 is that a
willful violation of the permit conditions shall render the permit null and void.
ANALYSIS
ln the interest of promoting the free flow of vehicular and pedestrian traffic, this Ordinance
provides that the City's Code Compliance Department and Parking Department shall enforce
Section 82-151 and amends the penalty provisions for violations of Section 82-151. The
proposed penalties include civil fines of $1 ,000 for a first violation within a 12-month period,
$5,000 for a second violation within a 12-month period, and $10,000 for a third violation
within a 12-month period.
FIRST READING
4
City Commission Memorandu m
Right-of-Way Temporary Obstructions Requirements, Enforcement, & Penatties - First Reading
March 11, 2015
Page 2 of 2
The Ordinance provides that a fourth or subsequent violation within a 12-month period shall
constitute an offense enforceable pursuant to Section 1-14 of the City Code, which would be
deemed a second degree misdemeanor pursuant to Florida Penal Law. The Police
Department shall enforce the Ordinance to the extent that the Ordinance provides that a
fourth or subsequent violation shall subject a violator to the enforcement provisions of
Section 1-14.
Due to the serious public safety implications of obstructing sidewalks and streets, the
Ordinance also provides for enhanced penalties against persons or entities violating the
ordinance. lf a violation occurs within the course and scope of the violator's employment, a
notice of violation shall be issued to both the violator and the person or entity employing the
violator, who shall be jointly and severally liable for the violation. Additionally, the Public
Works Department shall decline to issue, for the period of one year, a temporary obstruction
of rightof-way permit to any person or entity that has violated Section 82-151three or more
times within a 12-month period.
CONCLUSION
ln conclusion, the Administration recommends that the City Commission approve the
attached Ordinance on First Reading and schedule a Second Reading Public Hearing for
April 15,20\5.
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T:\AGENDA\2015\Marchl 1201s\ROWTemporaryObstructionsFirstReadingMarl l20l5.cme.doc
5
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 2, ENTITLED
"TEMPORARY OBSTRUCTIONS," BY AMENDTNG SECTION 82-',t51
THEREOF, ENTITLED "PERMIT REQUIRED," TO AMEND THE
PERMIT REQUIREMENTS AND TO AMEND THE ENFORCEMENT
AND PENALTY PROVISIONS FOR TEMPORARY OBSTRUCTIONS OF
THE PUBLIC RIGHT-OF.WAY IN VIOLATION OF PERMIT
REQUIREMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the unregulated obstruction of sidewalks and streets pose a hazard and
inconvenience to pedestrians and motorists within the City of Miami Beach; and
WHEREAS, Section 82-151 of the City Code provides that "[n]o person or entity shall
obstruct or cause to be obstructed any street or sidewalk in this city or impede the general
movement of vehicular or pedestrian traffic thereon without first obtaining a permit from the city's
public works department"; and
WHEREAS, Sections 82-151(c) and (d) impose several requirements on applicants for
permits for temporary obstruction of the public right-of-way; and
WHEREAS, currently, the only penalty identified in Section 82-151 is that a willful
violation of the conditions of a permit issued under Section 82-151 shall render the permit null
and void; and
WHEREAS, in the interest of promoting the free flow of vehicular and pedestrian traffic,
this Ordinance provides that the City's Parking Department and Code Compliance Department
shall enforce Section 82-151 and amends the penalty provisions for violations of Section 82-
151 .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION {. That Divlsion 2 of Article lV of Chapler 82 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 82
PUBLIG PROPERTY
ARTTCLE IV. tl"* in Public*Rights-of-Way
6
DIVISION 2. Temporary Obstructions
Sec. 82-151. Permit required.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Right-of-way means land in which the state, the state department of transportation, the
county or the city owns the fee or has an easement devoted to or required for use as a
transportation facility or street.
Sidewalk means that portion of the right-of-way located between the curbline on the
lateral line of a street and the adjacent property line and which is intended for use by
pedestrians.
Sfreef means that portion of the right-of-way improved, designed or ordinarily used for
vehicular and/or pedestrian traffic.
(b) Permit required. No person or entity shall obstruct or cause to be obstructed any
street or sidewalk in this city or impede the general movement of vehicular or pedestrian traffic
thereon without first obtaining a permit from the city's public works department as provided in
this section.
(c) Permit requirements. Permits for temporary obstruction of the public right-of-way
shall be issued within ten days ef the filing ef-a eempleted applieatien and upon completion of
the following requirements:
(1) The applicant shall file a completed application and shall execute a form
approved by the city attorney agreeing to indemnify, defend, save and hold
harmless the city, its officers and employees, from any and all claims, liability,
lawsuits, damages and causes of action which may arise out of this permit, or the
permittee's activity on the demised premises.
(2) The permittee agrees
expense, the following:
to obtain and maintain for the entire period, at its own
a. Commercial general liability insurance in the amount of $500€OO$0
$1,000,000.00 per occurrence for bodily injury and property damage for
construction activities located on city property. The city must be named as an
additional insured on this policy, and an endorsement must be issued as part
of the policy reflecting this requirement.
b. Workers' compensation and employersl liability insurance as required by the
state.
All policies must be issued by companies authorized to do business in the state
of Florida and rated B++ or better for financial strenqth and classed as financial
size cateqory Vl or better per the latest edition of Best's Key Rating Guider-latest
edi+ion. The city must receive 30 days' written notice prior to any cancellation,
nonrenewal. or material change in the coverage provided.
7
(d)
conditions
The permittee must provide and have approved by the city's risk manager an
original certificate of insurance as evidence that the above requirements have
been met prior to receivinq a permit and commencing the proposed activity.
The city's risk manager shall be authorized to lower the amount of general liability
insurance required upon a showing by the applicant that the amount set forth
above is excessive under the circumstances for a particular activity.
(3) The applicant shall post a cash deposit with the public works director in the
estimated amount needed to pay for any damage to public property and costs for
garbage, trash. and debris removal which may be necessary as a result of the
applicant's use of the right-of-way for the proposed activity; the amount of the
required deposit shall be determined by the public works director. The deposit
shall be used by the city only if the applicant fails to repair any damage and/or
remove garbage, trash, and debris resulting from the permitted activity. Any
unused portion the+eef of the deposit shall be promptly returned to the applicant.
(4) A fee as specified in appendix A shall accompany each application. Additionally,
any cost for obstruction of metered parking spaces will be determined as a
separate cost by the metered parking director and must be deposited with the
city prior to issuance of a permit. Following submittal of the application, the public
works department shall determine the final permit fee, which shall be the higher
of:
a. A fee as specified in appendix A; or
b. The market value of the area to be closed or occupied, pursuant to a
certified appraisal.
The applicant shall pay, prior to permit issuance, any additional permit fee
required if the final permit fee based on market value is higher than the fee as
specified in appendix A. Unless the department determines that seeking a
certified appraisal would not be cost effective, the department must obtain an
appraisal; if no certified appraisal is obtained. the fee as specified in appendix A
shall apply.
(5) No permit shall be issued if the public works, police, and/or fire departments
determine that such activity would constitute a danger to public health and/or
safety.
(6) Appeals. Appeals from the determination of the deposit amount required bv the
public works director and appeals from the denial of a permit shall be to the citv
manaoer or his desiqnee. Alternativelv, the citv commission mav. bv resolution,
appoint a special master to hear such appeals. The appeals shall be conducted
pursuant to the procedures set forth in sections 102-384 and 102-385.
Applications for hearings must be accompanied bv a fee as approved bv a
resolution of the citv commission, which will be refunded if the applicant prevails
in the appeal.
Permit conditions. Permits issued pursuant to this section shall set forth any
necessary for the protection of property and public safety. Willful violation of the
8
permit conditions shall render the permit null and void, and subiect the violator to enforcement
and oenalties, as provided in subsection (e\.
e
e
iens
102 384 and 102 385, Applieatiens fer hearings must be aeeempanied by a fee as appreved by
(c)
(1) Penalties for violations. The followino penalties shall be imposed for a violation of
subsections (b). (c)(1) throuqh (c)(5), or (d):
a. The penaltv for the first violation bv a person or entitv within a 12-month
period shall be a civil fine of $ 1,000.00,
b. The penaltv for the second violation bv a person or entitv within a 12-
month period shall be a civil fine of $ 5.000.00.
c. The penaltv for the third violation bv a person or entitv within a 12-month
period shall be a civil fine of $ 10,000.00:
d. The fourth or subsequent violation bv a person or entity within a 12-month
period shall constitute an offense enforceable pursuant to section 1-14 of
this Code.
(!) Enforcement. The Code Compliance Department or Parkino Department shall
enforce subsections (b). (c)(1) throuoh (c)(5). and (d). This shall not preclude
other law enforcement aqencies or requlatory bodies from anv action to assure
compliance with this section and all applicable laws. If a parkinq enforcement
specialist or a code compliance officer finds a violation of subsections (b). (cX1)
throuqh (cXS), or (d), the parkinq enforcement specialist or the code compliance
officer shall issue a notice of violation in the manner prescribed in chapter 30 of
this Code. The notice shall inform the violator of the nature of the violation,
amount of fine for which the violator is liable, instructions and due date for pavino
the fine. that the violation mav be appealed bv requestino an administrative
hearinq before a special master within ten davs after service of the notice of
violation. and that failure to appeal the violation within the ten davs shall
constitute an admission of the violation and a waiver of the riqht to a hearinq.
(!) Riohts of violators: pavment of fine: riqht to appear: failure to pav civil fine or to
appeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to
either
L pav the civil fine in the manner indicated on the notice of violation,
or
ii. request an administrative hearinq before a special master to
9
f.
appeal the notice of violation. which must be requested within ten
davs of the service of the notice of violation.
The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73. Applications for
hearings must be accompanied bv a fee as approved bv a resolution of
the citv commission, which shall be refunded if the named violator
prevails in this appeal.
lf the named violator. after issuance of the notice of violation. fails to pav
the civil fine. or fails to timelv request an administrative hearinq before a
special master, the special master mav be informed of such failure bv
report from the officer. The failure of the named violator to appeal the
decision of the officer within the prescribed time period shall constitute a
waiver of the violator's rioht to an administrative hearinq before the
special master, and shall be treated as an admission of the violation. for
which fines and penalties shall be assessed accordinqlv.
A certified copv of an order imposinq a fine mav be recorded in the public
records. and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator. which mav be enforced in the same
manner as a court iudqment bv the sheriffs of this state. includinq levv
aqainst the violator's real or personal propertv, but shall not be deemed to
be a court iudqment except for enforcement purposes. On or after the
sixtv-first dav followinq the recording of anv such lien that remains unpaid,
the Citv mav foreclose or othenruise execute upon the lien.
Anv party aqqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
The special master shall be prohibited from hearinq the merits of the
notice of violation or considerino the timeliness of a request for an
administrative hearino if the violator has failed to request an
administrative hearinq within ten davs of the service of the notice of
violation.
The special master shall not have discretion to alter the penalties
prescribed in subsection (e)(1) or (eX4).
G) Enhanced penalties. The followinq enhanced penalties shall be imposed, in
addition to anv mandatorv fines set forth in subsection (eX1) above. for violations
of subsection (b), (cX1) throuqh (c)(5), or (d):
a. Enhanced penalties for violations of subsection (b). (c)(1) throuqh (c)(5),
or (d):
t A notice of violation of subsection (b). (cX1) throuqh (c)(5). or (d)
shall be issued to the person or entitv obstructino or causinq to
obstruct anv street or sidewalk in this citv or impedinq the qeneral
movement of vehicular or pedestrian traffic thereon and. if the
violation occurred
d.
10
emplovment, a notice of violation shall also be issued to the
person or entitv emplovinq the violator, who shall be iointlv and
severallv liable for the violation.
ii. The public works director shall decline to issue, for a period of one
vear from the date of the violation, a temporarv obstruction of
rioht-of-wav permit to such person or entitv that has violated
subsection (b). (c)(1) throuqh (c)(5), or (d) three or more times
within a 12-month period.
(0 Exemptions. The requirements of this section shall not apply to parades as
defined in section 106-346, filming, newsracks, sidewalk cafes, special events, telephones, and
or to any other person obstructing the public rightof-way pursuant to a city permit or franchise.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of 2015.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+i*e+n+eugh denotes deletions
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City AttorneY
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COMMISSION ITEM SUMMARY
Condensed Title:
Accept NeighborhoodiCommunity Affairs Committee Recommendation to Approve the Conceptual
Plan of the Park Design for the Former Par 3 Golf Course And Authorize Administration to lssue an
RFQ for Final De
Clerk's Office slative Tracki
T:\AGENDA\201S\March\Parks and Recreation\Accept NCAC Former Par 3 Proposed Park Project FINAL JR.docx
AGENDA ITEM R-I R
lncrease satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc
Just under four out of five residents (77o/o\ rated the oualitv of life in Miami Beach as excellent or
Item Summary/Recommendation:
On April 30, 2014, the City Commission held a duly noticed public meeting to consider changes in
designation, use, and modification to the plans approved for the Par 3 Golf Course located at 2795
Prairie Avenue. By 6/7ths vote, the City Commission adopted Resolution No. 2014-28584a, changing
the use and designation of a portion of the Par 3 property from golf course to "passive recreational
use" (ie. a passive park with recreational elements); and where by aTlTlhs vote, the City Commission
adopted Resolution No. 2014-28584b, changing the use and designation of that portion of the Par 3
golf course to any park and recreation use.
On January 30, 2015, staff from the Planning Department presented a conceptual plan to the
Neighborhood/Community Affairs Committee (NCAC). lf approved by the City Commission, the
conceptual plan will be utilized as the basis for the formal design process to finalize a master plan for
the park project. Furthermore, the Administration will develop a Request for Qualifications (RFQ) for
formal design services to develop a final design plan.
Administration recommends that the City Commission accept the recommendation of the NCAC at its
January 30, 2015 meeting and authorize Administration to utilize the conceptual plan as a basis to
prepare a Request for Qualifications (RFQ) for final design.
On January 30, 2015, the NCAC recommended approving the proposed conceptual plan as a basis
to prepare the final design.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
MIAMIBEACH DAIE 3-ll- [s13
@ MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY GOMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMU AFFAIRS COMMITTEE AT ITS
JANUARY 30, 2015 MEETING AND ACCEPTING THE CONCEPTUAL
PLAN AS THE BASIS FOR A FINAL MASTER DESIGN PLAN FOR A
PROPOSED NEIGHBORHOOD PARK TO BE LOCATED ON A PORTION
OF THE PAR 3 GOLF COURSE PROPERW LOCATED AT 2795 PRAIRIE
AVENUE, MIAMI BEACH, FLORIDA, AND AUTHORIZING THE
ADMINISTRATION TO PURSUE A REQUEST FOR QUALIFICATIONS
(RFa) FOR A DESTGN CONSULTANT TO FURTHER DEVELOP THE
INITIAL DESIGN ELEMENTS AND FINALIZE A MASTER DESIGN PLAN
FOR THE PROPOSED PARK PROJECT.
BACKGROUND
On April 30,2014, the City Commission held a duly noticed public meeting to consider
changes in designation, use, and modification to the plans approved for the Par 3 Golf Course
located at 2795 Prairie Avenue. By 6/7ths vote, the City Commission adopted Resolution No.
2014-28584a, changing the use and designation of a portion of the Par 3 property from golf
course to "passive recreational use" (ie. a passive park with recreational elements); and where
by a 7/7ths vote, the City Commission adopted Resolution No. 2014-28584b, changing the use
and designation of that portion of the Par 3 golf course to any park and recreation use.
Following the April 30, 2014 City Commission meeting, the City's Planning Department was
tasked with developing a conceptual design for the newly designated park project. On
December 17, 2014, a discussion item was referred to the Neighborhood/Community Affairs
Committee (NCAC) to provide a status update of the project. Representatives from the
Planning Department presented their conceptual design (currently being referred to as the
"Banyan Tree Park Prolect") to the NCAC at its regularly scheduled meeting on January 30,
2015.
The key components of the conceptual plan include the development of an appropriate range
of spaces and facilities for general and passive recreation, such as, open play areas, walking
paths, landscape areas, etc.; maintaining certain elements of the existing topography; and
providing accessibility to the neighboring community. Planning Department staff utilized
examples of various park elements from various well-known parks throughout the country and
incorporated these elements into the conceptual design. They also worked closely with
representatives from the Police Department to ensure that the design contemplated security
elements that would ensure safety for park visitors and the neighboring community.
14
City Commission Memorandum -Conceptual Design of former Par 3 Golf Course Project
March 11, 2015
Page 2 of 2
The conceptual plan includes the following key elements:r Entrances into the park from main street and direct access from neighborhood. Main entrance that is aligned with 25th Street and includes a promenade with a
large water fountainr Northwest entrance will include view of existing hill and will create a buffer to
the surrounding neighbcrhoodo Various entrances from the surrounding neighborhood. Water Featureso Aerated Lakes. Waterfallwith shaded waterslide located in the main entrance promenadeo Wetlands (maintained to help purify and clean water)r Educational components to encourage learning and love for natureo Boardwalk connector to walk around and enjoy the beauty of the park with a separate
boardwalk loop located around the historic Banyan Tree. Tennis courts located near Miami Beach High Schoolo Main Plaza surrounded by natural gardens (i.e. Yoga, Zen and Butterfly Gardens). Restroomso Additional parking arear Public art opportunities. Lighting features throughout the park, providing unique spaces and seating areas for
the public to enjoyo Pavilionso Children's Play Area. Splash PadMater Feature area. Playground facilities which are enclosed and located away from street. With
access to the Scott Rakow Youth Center (SRYC)o Vita Courseo Open greenspace and beautiful landscapingo Dog Park
The NCAC unanimously approved the conceptual plan, yet emphasized that they supported
the proposed plan on a macro level to serve as the basis of conversation for the initial steps of
the public planning process. The NCAC directed the Administration to present the plan to the
City Commission for a more in-depth discussion. Should the City Commission accept the
recommendations of the NCAC to approve the conceptual design of the park, then the
Administration will be instructed to utilize the conceptual plan as a basis to prepare a Request
for Qualifications (RFO) for final design.
CONCLUSION
The Administration recommends that the City Commission accept the recommendation of the
NCAC at its January 30,2015 meeting and authorize Administration to utilize the conceptual
plan as a basis to prepare a Request for Qualifications (RFO) for final design.
JLMIJMTI.{
nttacnm#
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15
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THECITY OF MIAMI BEACH, FLORIDA ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS JANUARY 30, 2015 MEETING AND
ACCEPTING THE CONCEPTUAL PLAN AS THE BASIS FOR A FINAL
MASTER DESIGN PLAN FOR A PROPOSED NEIGHBORHOOD PARK
TO BE LOCATED ON A PORTION OF THE PAR 3 GOLF COURSE
PROPERTY LOCATED AT 2795 PRAIRIE AVENUE, MIAMI BEACH,
FLORIDA, AND AUTHORIZING THE ADMINISTRATION TO PURSUE A
REQUEST FOR QUALIFICATIONS (RFA) FOR A DEStcN
CONSULTANT TO FURTHER DEVELOP THE INITIAL DESIGN
ELEMENTS AND FINALIZE A MASTER DESIGN PLAN FOR THE
PROPOSED PARK PROJECT.
WHEREAS, on April 30, 2014, the City Commlssion held a duly noticed public meeting
to consider changes in designation, use, and modification to the plans approved for the Par 3
Golf Course located at2795 Prairie Avenue; and
WHEREAS, by a 6/7ths vote, the City Commission adopted Resolution No. 2014-
28584a, changing the use and designation of that portion of the Par 3 Golf Course identified as
Parcel "A" in Exhibit A to that Resolution from golf course to passive recreation uses (i.e.,
passive park with recreational elements); and
WHEREAS, by a 7l7ths vote, the City Commission adopted Resolution No. 2014-
28584b, changing the use and designation of that portion of the Par 3 Golf Course identified in
Exhibit B to that Resolution from golf course to any park and recreation uses; and
WHEREAS, following the April 30,2014 City Commission meeting, the City's Planning
Department was tasked with developing a conceptual design for the newly designated park
project; and
WHEREAS, on January 30, 2015, representatives from the Planning Department
presented a conceptual design of the proposed park to the Neighborhood/Community Affairs
Committee (NCAC) at its regularly scheduled meeting as set forth in Exhibit A hereto; and
WHEREAS, the NCAC unanimously approved the conceptual plan, yet emphasized that
it supported the proposed plan on a macro level to serve as the basis for the final design plan;
and
WHEREAS, the NCAC directed the Administration to present the plan to the City
Commission for a more in-depth discussion; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its January 30, 2015 meeting and approve the Planning Department's conceptual
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design of the park project to be located on a portion of the Par 3 Golf Course property located at
2795 Praiie Avenue, Miami Beach, Florida, as set forth in Exhibit A attached hereto, and further
authorize the Administration to utilize the conceptual plan as a basis to prepare a Request for
Qualifications (RFQ) for a design consultant to further develop the initial design elements and
finalize a design plan for the proposed park project.
PASSED and ADOPTED this _ day of
ATTEST:
2015.
Rafael E. Granado, City Clerk
Philip Levine, Mayor
City Allorney
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION&tr 3-L-t5E
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