2004-25628 ResoRESOLUTION NO. 2004-25628
A RESOLUTION OF MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF MIAMI BEACH, AND THE CITY OF MIAMI, BOTH OF
WHICH ARE FLORIDA MUNICIPAL CORPORATIONS, FOR
THE PURPOSE OF CONDUCTING A TRAFFIC IMPACT
STUDY OR MACARTHUR CAUSEWAY TO EVALUATE AND
ADDRESS TRAFFIC IMPACTS THAT MAY ARISE FROM
THE PROPOSED FLAGSTONE ISLAND GARDENS
PROJECT ON WATSON ISLAND, AND FURTHER
AUTHORIZING THE ADMINISTRATION TO SUBMIT A
GRANT APPLICATION TO THE METROPOLITAN
PLANNING ORGANIZATION TO FUND THE STUDY.
WHEREAS, MacArthur Causeway is a critical transportation link between Miami
Beach, Miami and other parts of South Florida; and
WHEREAS, The City of Miami is considering approving a project called Island
Gardens on the northwest corner of Watson Island, which is projected to include two hotel
buildings housing 500 rooms and 105 fractional ownership units with accessory uses,
221,000 square feet of retail space, 1,610 total parking spaces, 50 mega-yacht slip marina
and ancillary uses, maritime gallery, and approximately 6.5 +/- acres of public gardens and
open space (the "Project"); and
WHEREAS, access to the Project will be from MacArthur Causeway; and
WHEREAS, on April 8, 2004, the City of Miami Downtown Development Authority
filed a Notification of Proposed Change ("NOPC") to the Downtown Miami Development of
Regional Impact CDRI") to expand the boundaries of the DRI to include the Project; and
WHEREAS, the developer of the Project, Flagstone Island Gardens, LLC, and
Miami, have jointly filed an application for a Major Use Special Permit ("MUSP") to approve
the Project within the geographic limits of the expanded DRI; and
WHEREAS, on May 5, 2004, the Mayor and City Commission of the City of Miami
Beach, Florida, approved Resolution No. 2004-25566, authorizing the Administration to
transmit said resolution, the attached commission memorandum, and the summary of
public comment and concerns received pursuant to a public hearing to the South Florida
Regional Planning Council and the Florida Department of Community Affairs relative to the
NOPC; and
WHEREAS, on June 24, 2004, the City Commission of the City of Miami approved
the expansion of the DRI to include the land on which the Project is to be located, but
deferred action on the MUSP for the Project until July 8, 2004; and
WHEREAS, on June 24, 2004, the City Commission of the City of Miami, Florida,
adopted a motion to enter into an Interlocal Agreement with the City of Miami Beach (copy
attached) for the purposes of jointly seeking a new traffic study to address the concerns of
Miami Beach regarding traffic on the Causeway, and to jointly request funding from Florida
Department of Transportation and the Miami-Dade Metropolitan Planning Organization for
the study.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are hereby authorized to execute the attached Intedocal Agreement by and between the
Cities of Miami Beach and Miami, Florida, for the purpose of conducting a traffic impact
study of MacArthur Causeway, to evaluate and address traffic impacts that may arise from
the proposed Flagstone Island Gardens project on Watson Island, and further authorizing
the Administration to submit a grant application to the Metropolitan Planning Organization
to fund the study.
PASSED AND ADOPTED THIS 7TH~ 7LY, 2004.
~"' 'MAYOR
CITY CL~RK
APPROVED AS TO FORM
& LANGUAGE &
FOR EXECUTION
Cl'l'~' A'I'~ORNEY
DATED
Attachments
T:~AGENDA~2004\Jul0704\Regular\Watson Island RES0.rev.doc
Condensed Title:
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
A Resolution of the Mayor and City Commission, authorizing the execution of an Interlocal Agreement by
and between the City of Miami Beach and the City of Miami for the purpose of conducting a traffic impact
study of the MacArthur Causeway, and authorizing the Administration to submit a grant application to the
Metropolitan Planning Organization to fund the study.
Issue:
Should the City Commission approve the execution of the Interlocal Agreement with the City of Miami to
agree to conduct a new traffic study of the MacArthur Causeway?
Item Summary/Recommendation:
On May 5, 2004, the Mayor and City Commission authorized the Administration to transmit comments and
concerns regarding the Notification of Proposed Change (NOPC) to the Downtown Miami Development of
Regional Impact to the South Florida Regional Planning Council. On June 9th, 2004, the City Commission
of the City of Miami Beach adopted a motion requesting the City of Miami to defer action and present the
project to the City of Miami Beach and discussed concerns with the traffic assessment submitted as part of
the NOPC.
On June 22, 2004, DCA forwarded to the City of Miami, their position that based on the revised
development order conditions submitted on June 21st, the proposed changes to the NOPC would not result
in a substantial deviation. Therefore, DCA had no further objections with the City of Miami's adoption of the
proposed changes to the development order.
On June 24, 2004, Mayor Dermer and City staff attended the meeting of the Florida Cabinet, and conveyed
the City's request for a one-meeting deferral, as well as a restriction in the deed that prohibited the
development of future uses on the island whose impacts were not reviewed during the NOPC process. The
Cabinet approved the waiver of the deed restriction, by a vote of 3 to 1, and they unanimously approved a
restriction in the deed that requires Cabinet approval of changes to the lease between the City of Miami
and the Developer and thereby only uses currently reviewed are covered in the waiver of deed restrictions.
Therefore, uses such as residential or casino gambling would not be permitted without further cabinet
action.
On June 24, 2004, the City of Miami City Commission approved the expansion of the DRI boundaries, but
deferred action on the Major Use Special Permit until July 8, 2004. The Miami City Commission also
adopted a motion to enter into an Interlocal Agreement with the City of Miami Beach for the purpose of
seeking a new traffic study to address the MacArthur Causeway.
Advisory Board Recommendation:
I N/A
Financial Information:
n/a 2
4,
Finance Dept. TOtal
City Clerk's Office Legislative Tracking:
IChristina M. Cuervo/Kevin Crowder
Sign-Offs:
T:~AGENDA~004~lan14\Regular\Children's Trust Summary
AGENDAITEM
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: July 7, 2004
Members of the City Commission
Jorge M. Gonzalez ~ ff./~.~ ~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH, AND THE CITY OF MIAMI,
BOTH OF WHICH ARE FLORIDA MUNICIPAL CORPORATIONS, FOR
THE PURPOSE OF CONDUCTING A TRAFFIC IMPACT STUDY OF
MACARTHUR CAUSEWAY TO EVALUATE AND ADDRESS TRAFFIC
IMPACTS THAT MAY ARISE FROM THE PROPOSED FLAGSTONE
ISLAND GARDENS PROJECT ON WATSON ISLAND, AND FURTHER
AUTHORIZING THE ADMINISTRATION TO SUBMIT A GRANT
APPLICATION TO THE METROPOLITAN PLANNING ORGANIZATION
TO FUND THE STUDY.
From:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On April 8, 2004, representatives of Flagstone Island Gardens, LLC submitted a
Notification of Proposed Change (NOPC) to the Florida Department of Community Affairs,
on behalf of the Downtown Development Authority. This NOPC proposed to expand the
boundaries of the Downtown Development of Regional Impact district to include the
Northwest quadrant of Watson Island.
Additionally, the Developer of the Project, Flagstone Island Gardens, LLC, and the City of
Miami, jointly filed an application for a Major Use Special Permit (MUSP) to approve the
Project within the geographic limits of the expanded DRI. The City of Miami and the
Developer, working through the Florida Department of Environmental Protection, also
sought a waiver of the public use deed restriction from the Florida Cabinet sitting as the
Board of Trustees of the Internal Improvement Trust Fund.
On May 5, 2004, the Mayor and City Commission of the City of Miami Beach approved
Resolution 2004-25566, authorizing the Administration to transmit comments and concerns
about the NOPC to the South Florida Regional Planning Council and the Florida
Department of Community Affairs (DCA). Additional comments on the NOPC were
provided by the Miami-Dade County Department of Environmental Resource Management,
the South Florida Water Management District, and the Florida Department of
Transportation. On May 28, 2004, the South Florida Regional Planning Council transmitted
their comments to DCA, who in turn transmitted comments and concerns to the City of
Miami.
Commission Memorandum
July 7, 2004
Downtown Miami Development of Regional Impact
Page 2 of 3
On June 9, 2004, the Mayor and City Commission of the City of Miami Beach adopted a
motion requesting that the City of Miami defer action on the project and present the project
to the City of Miami Beach at the July 7, 2004 City Commission meeting. The City
Commission also discussed concerns with the traffic assessment that was submitted as
part of the NOPC.
During the week of June 14, 2004, the Administration met with the aides to the Cabinet
members to express the City's continuing concerns regarding traffic from the proposed
project. During these meetings, City staff explained the City's request for a one-meeting
deferral of the waiver of the public use deed restriction from the June 24, 2004 Cabinet
agenda.
On June 22, 2004, DCA forwarded to the City of Miami, their position that based on the
revised development order conditions submitted on June 21 st, the proposed changes to the
NOPC would not result in a substantial deviation. Therefore, DCA had no further objections
with the City of Miami's adoption of the proposed changes to the development order.
On June 24, 2004, Mayor Dermer and City staff attended the meeting of the Florida
Cabinet, and conveyed the City's request for a one-meeting deferral, as well as a
restriction in the deed that prohibited the development of future uses on the island whose
impacts were not reviewed during the NOPC process. During discussion, the Cabinet also
expressed concerns that uses that were not being presented could be developed in the
future without Cabinet input. To address this concern, by a vote of 3 to 1, the Cabinet
approved the waiver of the deed restriction, and they unanimously approved a restriction in
the deed that requires Cabinet approval of changes to the lease between the City of Miami
and the Developer and thereby only uses currently reviewed are covered in the waiver of
deed restrictions. Therefore, uses such as residential or casino gambling would not be
permitted without further cabinet action.
On June 24, 2004, the City Commission of the City of Miami held public hearings on the
expansion of the DRI boundaries and the Major Use Special Permit. Commissioner Bower
and City staff spoke at the City of Miami City Commission meeting and conveyed the City
of Miami Beach's requests for a deferral and for a new traffic impact study. The City of
Miami City Commission approved the expansion of the DRI to include the land on which
the Project is to be located, but deferred action on the MUSP until July 8, 2004.
Additionally, they adopted a motion to enter into an Interlocal Agreement for the purposes
of seeking a new traffic study to address the concerns of the City of Miami Beach regarding
traffic on the MacArthur Causeway, and to jointly request funding from FDOT and the MPO
for the Study.
The attached resolution also authorizes the Administration to submit a grant application to
the MPO to fund the traffic impact study.
Commission Memorandum
July 7, 2004
Downtown Miami Development of Regional Impact
Page 3 of 3
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution and Interlocal Agreement.
JMG/C~Tkc
T:~AGENDA~004~Jul0704\Regular\Watson Island iNTERLOAL CM.doc
Attachment
Page 1 of 4
Hernandez, Kerry
From: Crowder, Kevin
Sent: Monday, February 04, 2008 2:48 PM
To: Parcher, Robert; Gomez, Carla; Hernandez, Kerry
Subject: RE: Pending Resolutions
I believe the reso was done, the only pending item was the MOU. I think/hope
MIAMI E
Kevin Crowder, Director, Economic Development Division & Legislative Affairs
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7193 ! Fax: 786.394.4222
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Parcher, Robert
Sent: Monday, February 04, 2008 2:48 PM
To: Crowder, Kevin; Gomez, Carla; Hernandez, Kerry
Subject: RE: Pending Resolutions
I think you sent this before ---- Kerry do you have the resolution?
MIAMI
Robert Parcher, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 /Fax: 305-673-7254 / www miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Crowder, Kevin
Sent: Monday, February 04, 2008 12:38 PM
To: Gomez, Carla; Parcher, Robert; Hernandez, Kerry
Subject: RE: Pending Resolutions
The MOU was not executed, will not be executed. The MPO did not fund the study.
MIAMI AC
Kevin Crowder, Director, Economic Development Division & Legislative Affairs
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7193 / Fax: 786.394.4222
www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: Gomez, Carla
Sent: Monday, February 04, 2008 12:31 PM
To: Parcher, Robert; Hernandez, Kerry
Cc: Crowder, Kevin
Subject: RE: Pending Resolutions
Kevin? Please advise.
02/04/2008
Page 2 of 4
MIRMI AC
Carla M. Gomez, Executive Office Associate
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7010 /Fax: 305-673-7782
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic commwiity.
From: Parcher, Robert
Sent: Monday, February 04, 2008 12:30 PM
To: Gomez, Carla; Hernandez, Kerry
Cc: Crowder, Kevin
Subject: RE: Pending Resolutions
The City Commission did approve the Resolution:
2:32:09 p.m.
R7F A Resolution Authorizing The C {Y Of M ami BothrOf Wh ch Are Flor darMunlic paeCo porationsaFoe Then
The City Of Miami Beach, And The y
Purpose Of Conducting A Traffic Impai t stone IOsland Gardens Project On Watslontlsland, Andr Furt e ffAuthor zcng
That May Arise From The Proposed F g
The Administration To Submit A Get Application To The Metropolitan Planning Organization To Fund e
Study.
f
(City Manager's Offic ted. Motion made by Commissioner Bower; seconded by
ACTION: Resolution o. 2004-25628 op
Commissioner Smith; ice vote: 5-0' Absent: Commissioners Cruz and Gross. Christina Cuervo to hand e.
Mayor Dermer commended Commi DirectorBfor theiK nvolvermednt r Hehalso thanked Citysof Mi m (Comm sg orn
and Fred Beckmann, Public Works
Chairman Art Teele for deferring the issue at the City of Miami Commission to workout this Interlocal Agreemen
for a traffic study.
Jorge Gonzalez, City Manager, explained thl'lacat otlewill be submitt dgo the MPO to funid the st~dyly traffic study
done, and as part of this action, a grant app
If the MOU was never executed and will never be executed, than we wiN attached this emails and the item will be
closed,
Bob
MiAMIEAC
Robert Parcher, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 I Fax: 305-673-7254 ! wwwmiamibeachfl.gov
We are committed to providing excellent public service and safety to atl who five, work and play in our vibrant, tropical, historic cornmunity.
From: Gomez, Carla
Sent: Monday, February 04, 2008 12:16 PM
To: Hernandez, Kerry; Parcher, Robert
Cc: Crowder, Kevin
02/04/2008
Page 3 of 4
Subject: FW: Pending Resolutions
Kerry,
Back around October, we had a meeting with Bob Parcher to discuss the pending resolutions. !was instructed by
Bob to have Kevin Crowder email both of you to request that the following resolution be removed from the list.
In a previous email dated October 2, 2007, Kevin Crowder wrote:
2004-25628- RE Traffic Impact Study- Send an email to Parcher and Kerry Hernandez stating that MOU was
never executed and to please remove off the list. Bab/Kerry, MOU was never executed, I believe that the City
of Miami never approved their reso for this. Please remove.
However, this Resolution is still showing under his name on the Pending list that was sent out last week. Please
remove this one from the list.
MiAM~ 'E C
Carla M. Gomez, Executive Office Associate
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7010 /Fax: 305-673-7782 /
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic cornmunity.
From: Crowder, Kevin
Sent: Tuesday, October 02, 2007 11:53 AM
To: Gomez, Carla
Cc: Damien, Elizabeth; Aguila, Raul; Hemstreet, Tim; Hernandez, Kerry; Parcher, Robert
Subject: RE: Pending Resolutions
See comments below
From: Gomez, Carla
Sent: Tuesday, October 02, 2007 11:20 AM
To: Crowder, Kevin
Cc: Damien, Elizabeth; Aguila, Raul; Hemstreet, Tim
Subject: Pending Resolutions
Kevin-
I met with Bob Parcher yesterday and this is where we are at...
2007-26479 -They Still Need the resolution setting first public hearing to consider Amendment 2 to AR&J Sobe.
They do not have it. - Haue to check on this one.
2007-26430- Mt. Sinai for grant application for Workforce Housing Innovation Pilot Program. -Please email
Parcher and Kerry Hernandez stating that an MOU is not required b/c there was never a grant awarded. They still
need the resolution. You had given this to Raul to be form approved, but it was returned to you for corrections
back on August 27th. -Bob/Kerry, the grant was not awarded, so there was no need to execute the MOU.
Reso back to Legal today with corrections.
2004-25628- RE Traffic Impact Study- Send an email to Parcher and Kerry Hernandez stating that MOU was
never executed and to please remove off the list. Bob/Kerry, MOU was never executed, I believe that the City
of Miami never approved their reso for this. Please remove.
02/04/2008
Page 4 of 4
2007-26441 -Legislative Agenda & Transmittal Letters -Submitted to Clerk on 10/1 /07
2002-25091- Resolution approving the 2003 Session of Florida Legislature- This was submitted to Raul to be form
approved but returned back to you for revisions on 8-27-07 Reso back to Legal today with corrections
2006-26169- Amended Resolution opposing House Bill 1199 -elimination of Local Cable Franchises. -Still Need.
This one needs to be drafted.
2002-24947 -Reso authorizing RFP 57-01/02 for Mgmt and Operation of Street Markets -Still Need.- Still need
to check on this one.
2007-3558 -Copy of Transmittal Letters relating to Ad Valorem Taxation -Submitted to Clerk on 10/1/07
Please follow up with these items as soon as possible. We have an October 31 st deadline
MIAMI tC
Carla M. Gomez, Executive Office Associate
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7010 /Fax: 305-673-7782
We are cornmitted to providing excellent public service and safety fo aU who live, work and play in our vibrant, tropical, historic community
02/04/2008