2008-26747 ResoRESOLUTION NO. 2008-26747
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$2,000,000 FROM THE STORMWATER FUND RETAINED EARNINGS FOR
THE DESIGN AND CONSTRUCTION OF A STORMWATER SYSTEM,
ALONG PRAIRIE AVENUE, FROM DADE BOULEVARD TO 23RD STREET.
WHEREAS, on or about 2004, the School Board of.Miami-Dade County, Florida (School
Board or the Board) commenced a significant renovation to Miami Beach Senior High School
involving construction improvements and expansions to the School (the Project); and
WHEREAS, a portion of that Project included making certain improvements on Prairie
Avenue and Dade Boulevard, respectively, which entailed the proposed use of City property
and/or City rights-of-way including the construction of a new drop-off area along Dade
Boulevard and adrop-off area on Prairie Avenue ;and
WHEREAS, as part of its construction program, the Board undertook the design and
construction of a stormwater system; and
WHEREAS, the stormwater system, as designed, does not have the capacity to meet
the City's minimum criteria of collecting, conveying, and discharging rain fall generated by a five
(5) year/24 hour storm event; and
WHEREAS, the Board's construction of the Project is the only significant change which
has been made in the drainage basin surrounding the High School and, as such, the design and
construction of said improvements have resulted in flooding, with increased severity, along that
section of the public right-of-way on Prairie Avenue, from Dade Boulevard, and running along
the High School property, and which has resulted in flooding onto the adjacent residential
properties in the area; and
WHEREAS, representatives of the City and the School Board have been meeting (and
continue to meet) to resolve this issue, but have not been able to reach agreement as to who
should pay for the re-design and construction of a more adequate stormwater system; and
WHEREAS, the City maintains that, as the party responsible for altering the historic
drainage basin (as a result of the construction improvements to the High School), the School
Board is responsible to mitigate and/or resolve any resulting drainage problems; and
WHEREAS, the School Board has maintained that it is not responsible, since it has
addressed the drainage on its specific property, and therefore bears no responsibility for any
other impact associated with drainage in the larger drainage basin; and
WHEREAS, the aforestated ongoing matter was discussed at the January 3, 2008 Joint
Meeting of the City of Miami Beach Finance and Citywide Projects Committee and the City's
Land Use and Development Committee, which meeting included participation from members of
the City Commission, the City Administration, representatives of the School Board, and affected
residents and property owners; and
WHEREAS, the Joint Committee recommended unanimously that, notwithstanding the
City and School Board's intentions to continue to meet to amicably resolving this matter, and
prior to initiating legal proceedings, the City should initiate the conflict resolution procedures
under the Florida Government Conflict Resolution Act, as codified in Sections 164.101 through
164.1061, Florida Statutes; and
WHEREAS, at its regular meeting on January 16, 2008, the Mayor and City Commission
adopted Resolution No. ,initiating the procedures under the Conflict Resolution Act; and
X66$=6746
WHEREAS, in the interim, the City has decided to assume the design responsibly for a
new stormwater system and engaged the services of a Job Order Contractor (JOC); and
WHEREAS, the City's current estimate for the design and construction of the stormwater
system with an injection well and a pumping system is estimated at $2,000,000; and
WHEREAS, the School Board has indicated that it has only allocated $235,000 to its
design solution, and therefore any further commitment of funding would have to be taken to and
approved by the School Board; and
WHEREAS, concurrent with the City and School Board's proceeding under the Florida
Government Conflict Resolution Act, the Administration would recommend that the Mayor and
City Commission approve the authorization of $2,000,000 from the stormwater Fund Retained
Earnings for the design and construction of a stormwater System, along Prairie Avenue, from
Dade Boulevard to 23rd Street.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the appropriation of $2,000,000 from the stormwater Fund Retained Earnings for the
design and construction of a stormwater System along Prairie Avenue from Dade Boulevard to
23rd Street.
PASSED AND ADOPTED this 16th day of January , 2008.
ATTEST:
~,~t,~'
CITY CLERK
Robert Parcher
M YOR
Matti H. Bower
T:\AGENDA\2008Wanuary 16\Regular\Appropriation for Prairie Avenue stormwater System RESO.doc
APPROVED AS TO
FORM & LANGUAGE
8~ FOR EXEC TION
Ill 6~
,i y ttorn ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Appropriation
Of $2,000,000 From The Stormwater Fund Retained Earnings For The Design And Construction Of A Stormwater
System Along Prairie Avenue From Dade Boulevard To 23` Street.
Key Intended Outcome Supported:
Ensure well-designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.):
2007 rating of storm drainage continues to be an area of concern.
Issue:
Shall the Ci Commission a rove the Resolution?
item Summa iKecommenaatton:
Approximately two years ago, the City learned that the School Board had plans to make certain improvements
on Prairie Avenue and on Dade Boulevard, both utilizing City property and Cityright-of-way without the previous
approval of the City. The City asked the Board to cease construction activities until such time as the various
issues could be reviewed and agreed upon between the City and the Board.
The Board approved an Interlocal Agreement (ILA) which incorporated all ofthe enhancements and easements
to Prairie Ave. discussed herein. The version of the ILA which was approved by the Board included language
that held the City responsible for maintenance of landscape on Prairie Avenue. As this language was not
consented to by the City, the ILA was never presented for formal approval by the City Commission. A revised
ILA incorporating further improvements suggested by the Bayshore HOA was approved by the City Commission
on March 14, 2007.
Furthermore, as part of the construction program and as part of their use of the public ROW as a student drop
off area, the Board designed a storm water system to collect run off along Prairie Ave. The City rejected the
storm water system design for functional purposes. For several months City staff worked with the Board to
provide a functional drainage design as well as mitigate the flooding problems created by the School's
construction. The School has maintained that they are not responsible for such flooding problems therefore the
City decided to assume the design responsibility for a functional and sustainable drainage system. The City's
current estimate for the design and construction of the stormwater system is estimated at $2,000,000.
The chronology of the agreements between the Board and the City were presented during a Special Joint
meeting of the Finance and Citywide Projects Committee and Land Use and Development Committee held on
January 3, 2008. A motion and approval was made to finish the City's design as well as appropriate the
necessary funds to complete the work before the beginning of the current school year. In addition the
committee agreed to pass a resolution to initiate the dispute resolution process between the City and the
School Board but at the same time seek to informally reach an agreement which would satisfy both parties. The
resolution is a companion item on this agenda.
Approve the Resolution
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Fund ~ $2,000,000 Stormwater Fund Retained
Earnin s
2
OB Total
Financial Im act Summa
Cit Clerk's Office Le islative Trackin
Fred Beckmann
Sign-Offs:
De artment Dire. r Assist Cit Mana er Mana er
` ~- ~_
r:WGENDA\2008\January 16\Regular\Appropriation for Prairie Avenue Stormwater System SUMM.doc
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m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~,r-- jU~l~ `
=_sCJ~.-
DATE: January 16, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$2,000,000 FROM THE STORMWATER FUND RETAINED EARNINGS FORTHE
DESIGN AND CONSTRUCTION OF A STORMWATER SYSTEM ALONG
PRAIRIE AVENUE FROM DADE BOULEVARD TO 23RD STREET.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
OVERVIEW
Approximately two and a half years ago, the School Board of Miami-Dade County (the
"Board") commenced construction on improvements and expansions to Miami Beach Senior
High School (the "School") in the City of Miami Beach. At that time, the City of Miami Beach
learned that the Board had plans to make certain improvements on Prairie Avenue and on
Dade Boulevard, both utilizing City property and City Right-of-Way (ROW) without the
previous approval of the City. The City asked the Board to cease construction activities until
such time as the various issues could be reviewed and agreed upon between the City and
the Board.
The City staff met on a number of occasions with Board staff in order to review the
improvements proposed on the School site. The City also hosted several community
meetings in which the improvements were discussed and changes suggested.
As a result of the City's intervention, the original Board plans for School site improvements
were altered to incorporate several items that were intended to mitigate the impact of the
School construction on the adjacent neighborhood. Among the items which were
incorporated into the site plan by the Board were:
• An estate fence at the perimeter of the School property on Prairie Avenue
• Landscape on the School side of the estate fence on Prairie Avenue in order to
screen the parking lot and to act as a litter capture buffer
• Enhanced tree plantings in the swale area adjacent to the estate fence on the City
right-of-way on Prairie Avenue
• The addition of a sidewalk on Prairie Avenue
W ithin the same series of meetings, the City and Board also came to agreement upon a new
bus lane on Dade Boulevard and a shared access to the eastern side of the School property
and adjacent to Fire Station #2. Easement descriptions for both the improved bus lane on
Dade Boulevard, as well as the shared access for the City and the Board at the east end of
School property were to be incorporated into an Interlocal Agreement between the City and
the Board.
An issue which was in dispute at the time of the meetings to address the Board
improvements was which party would be responsible for maintenance of the landscaping,
specifically along Prairie Avenue. The Board's position was that as the City had required the
landscape, and as such the City should then also be responsible to maintain the landscape.
The City clearly stated its intention not to accept responsibility for the maintenance of the
landscape improvements along Prairie Avenue.
The Board proceeded to approve an Interlocal Agreement which incorporated all of the
enhancements to Prairie Avenue discussed previously, as well as the easements forthe bus
lane and the shared eastern access. The version of the Interlocal Agreement which was
approved by the Board included language that held the City responsible for maintenance of
landscape along Prairie Avenue. As this language was not consented to by the City, the
Interlocal Agreement was never presented for formal approval by the City Commission.
So that construction of the School would not be delayed, the City consented to the Board's
proceeding with construction under the agreements reached between the parties as to
easements and improvements along Prairie Avenue. It was further agreed that continued
discussion would beheld regarding the maintenance activities to be resolved at a later date.
As construction progressed, the Board undertook several of its building and site
improvements; some of which included the removal of a number of trees along Prairie
Avenue. This was done in preparation for construction of the planned Prairie Avenue drop
off lane, the estate fence and the required landscaping. This particular activity as well as the
overall site construction triggered a new level of concern and interest among adjacent
residents who through the Bayshore Homeowners Association (BHA) expressed their
displeasure with planned improvements for the School both to the Board and to the City of
Miami Beach.
While the BHA raised a series of concerns and questions about site improvements, the main
points of discussion and concern focused on planned Prairie Avenue improvements,
specifically a parent drop off lane which was to be constructed adjacent to Prairie Avenue as
well as what type of landscape treatment would be finally implemented. The BHA concerns
were principally focused upon the visual and operating impact associated with the School's
construction and demanding additional improvements to further mitigate what they believed
to be a serious neighborhood impact.
After several meetings between Board representatives, City staff, and BHA representatives,
the concerns raised by the BHA in June 2006 were presented to the City Commission in
March 14, 2007. The result of this meeting concluded that certain modifications needed to
be made to the previous Agreement between the City and the Board; the key points
contained in the proposed amended Interlocal Agreement included:
Provisions for construction of a bus drop off area along Dade Boulevard. The bus
pull over area, which has already been constructed, was part of the original Interlocal
Agreement. This has not been a controversial item and remains unchanged in this
version of the Interlocal Agreement.
Shared access easement for the Citv on the east boundary of the School. The
Interlocal Agreement provides for an access easement along the School's eastern-
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most boundary which would allow the City to access both Fire Station #2 and the
Public Works Yard from Dade Boulevard. This item was in the original Interlocal
Agreement and has not been controversial.
• Prairie Avenue improvements
1) Prairie Avenue road width is to be reduced from the current width of 28 feet
to a width of 20 feet (10 foot travel lanes in each direction). These
improvements are to be paid for by the City.
2) Construction of a drop off lane adiacent to Prairie Avenue with provision for
thirty one (31) vehicle spaces at locations as illustrated on the Attachment to
the Interlocal Agreement. The drop off lane area is to be constructed of
concrete pavers and has been reduced from its original proposal size of forty
seven (47) vehicle spaces. These improvements are to be paid for by the
Board.
3) Landscape will be provided along the entire school property on Prairie
Avenue with shade trees planted at twenty feet on center from a tree variety
pallet including silver buttonwood, green buttonwood and other similar
species. The balance of the Prairie Avenue swale area will be sodded and
an irrigation system installed which will be conveyed to the City. Landscape
on the School property adjacent to the estate fence remains unchanged and
will be low growing shrubbery. It has been agreed that a mixture of
buttonwoods and mahogany's will be planted within the parking lot bump
outs. Maintenance for the street trees and the grass mowing will be borne by
the City in the future.
• A decorative six foot estate fence on Prairie Avenue. This item remains unchanged
from the original Interlocal Agreement. This is a School Board expense.
• A sidewalk is to be constructed adjacent to the paver drop off lane on Prairie Avenue
and to connect to the school entry way. This item has been modified to reflect the
new reduced size of the drop off lane. This is a School Board expense.
• Two paver crosswalks will be provided at 23~d Street and the north edge of the
student parking lot. This is a School Board expense.
• While not a requirement in the Interlocal Agreement, the City has committed to
signing the Prairie Avenue drop off lane "No Parking At All Times".
Prairie Ave Drainacte
During the 2007 rainy season and after the construction of the School parking lot was
completed, the section of Prairie Avenue from Dade Boulevard to 23`~ Street started flooding
with increased severity. Residential properties previously unaffected by storm water run-off
experienced serious flooding.
As part of their construction program and in order to use a portion of the public ROW on the
east side of Prairie Avenue for a student drop-off area, the Board agreed to design and
construct a stormwater system. During the regulatory and permitting review of the ROW
improvements proposed by the Board, the City concluded that the excess stormwaterwhich
flooded the streets was as a result of the major displacement of the flood plain, caused by
the new school construction. The storm water system as designed by the Board was
inadequate to handle the stormwater volumes and prevent future flooding. Because the
Boards projects are exempt from local building permits, the City had no involvement in the
permitting process of the Miami Beach High School Construction Project. Therefore the City
3
had no opportunity to review the stormwater calculations of the School property and its
potential impacts on stormwater run-off onto the public ROW. Subsequent City review of the
Board's stormwater design calculations revealed that the system as designed did not have
the capacity to meet the City's minimum criteria of collecting, conveying and discharging the
rainfall generated by a Syr/24hr storm event. The design submitted to the City for review
proposed a swale system which connected to a pipe collection system along Dade
Boulevard which discharged directly to a Collins Canal outtall. The system as design
presented the following shortfalls:
a) The system did not properly handle the amount of water displaced by the school
construction. The pre-development (historic flows) for the overall contributing drainage
area onto Prairie Ave. were not considered in the drainage calculations.
b) Although the swale appeared to have enough capacity to store the rainfall generated
by half of Prairie Avenue, it did not provide sufficient capacity to handle to entire
contributing drainage area onto Prairie Avenue.
c) Although a direct free flow connection to Collins Canal was proposed as a means to
discharge the water collected from Prairie Avenue, a direct free flow discharge to the
Canal proved to be ineffective because the connection would be subject to the tidal
changes in the Canal. The system would run the risk of backing water up onto Prairie
Ave, which could in-turn potentially over top the swale; therefore, flooding adjacent
properties and/or leaving standing water in the swale for over 30 hours. This would
become a safety and health hazard to both residents and students.
As indicated, the drainage design presented by the School Board's engineer took into
account only the limits established by the crown of the road (half of Prairie Ave.), up to the
property boundary of the School. In a subsequent analysis, the City determined that the
actual boundaries of the contributing drainage area were much larger (to include the west
side of Prairie Avenue, as well as the adjacent properties from Dade Boulevard to 23~d
Street) than the one considered by the Board; and as such, more flood water would need to
be taken into account in the City designed solution.
For several months, City staff worked with the Board's Engineer of Record to assist in
moving the Project as expeditiously as possible. In the mean time, the City being cognizant
of the flooding problems and the nuisance and impacts this flooding has caused to the
residents, undertook emergency measures to alleviate flooding during rain fall events. After
many months of discussion and negotiations, the City and the Board were not able to reach
agreement as to who should pay for the redesign and construction of a more adequate
stormwater system. The City has continued to insist that as the party causing drainage
problems, the Board bore the responsibility to address the problems. The School has
maintained that they are not responsible. In order to move forward in resolving the flooding
of Prairie Avenue properties, the City has decided to assume design responsibility for a
drainage system in order to develop a specific design solution and expected cost.
The preliminary design solution is complicated by the very flat terrain, proximity to the water
table and proximity to an outfall which is impacted by tidal conditions. While the overall
volume of water is not extraordinarily large, the elevations in the area have necessitated a
design using both an injection well and outfall system. The complexity of design has made
cost a factor, particularly for the injection well element. The design is currently at 30%
completion.
A discussion regarding the construction of drainage improvements on Prairie Avenue from
Dade Boulevard to 23~d Street took place at the Special Joint meeting of the Finance and
4
Citywide Projects Committee and Land Use and Development Committee on January 3,
2008. During this meeting, the chronology of the agreements between the Miami-Dade
County School Board and the City of Miami Beach were discussed along with a technical
presentation by the City Engineer about the existing conditions and what in his professional
opinion were the adequate engineering solutions to meet the City's minimum design criteria
for stormwater systems. The School Board maintained their position that the system that
their Engineer of Record had designed, which consists of a swale and piping connecting
directly to the Collins Canal outfall, was adequate to handle the drainage requirements of
rainfall accumulated from the centerline of Prairie Avenue to the school's property line. The
City maintained its position that the permit to build the School Board's design system would
not be approved by the City since it did not meet the City's minimum 5 year/24 hour storm
event design criteria.
The City's current estimate for the design and construction of the stormwater system with an
injection well and a pumping system is estimated at $2,000,000. The discussion at the
meeting also considered who should be paying for the $2,000,000 cost of building an
adequate drainage system. The School Board indicated that they had only allocated
$234,000 to their design solution and therefore any further commitment of funding would
have to be taken to and approved by the School Board.
At the end of the meeting the motion approved by the committee members was to finish the
drainage system design and appropriate the necessary funds to complete the work. In
addition, the committee agreed to pass a resolution to initiate the dispute resolution process
between the City and the School Board, but at the same time, to see if informally the dispute
between the City and the School Board could be resolved. It was also agreed that the City
retain the right to terminate the JOC contractor (Ric-Man) should there be a need.
CONCLUSION
The Administration recommends approval of the Resolution.
JMG\RCM\FHB
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