Item Coversheet

Resolutions - C7  Q




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul Aguila, Interim City Manager 
DATE:January  13, 2021
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), CONVEYING FULL MAINTENANCE RESPONSIBILITIES TO THE CITY FOR IMPROVEMENTS FROM 6TH STREET TO JUST NORTH OF 7TH STREET, WITHIN FDOT RIGHT-OF-WAY ALONG STATE ROAD 907 (ALTON ROAD); WHICH MMOA IS A REQUIREMENT FOR FDOT TO APPROVE CONSTRUCTION AND INSTALLATION PERMITS FOR WORK PERFORMED IN THE FDOT RIGHT-OF-WAY IN CONNECTION WITH THE TO BE CONSTRUCTED PUBLIC MUNICIPAL PARK LOCATED WITHIN THE 5TH TO 7TH STREET BLOCKS, BETWEEN WEST AVENUE AND ALTON ROAD. 

RECOMMENDATION

The Administration recommends approving the execution of the Maintenance Memorandum of Agreement between the City and FDOT, in order to allow the approval and issuance of the construction and installation permits for the Park Project.

BACKGROUND/HISTORY

On December 12, 2018, the Mayor and City Commission adopted Resolution No. 2018-30648, approving the vacation of 6th Street, a 50 feet City owned right-of-way (ROW), west of Alton Road and east of West Avenue in favor of abutting property owners, South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, and 1220 Sixth, LLC (collectively, the "Applicants"). 

 

On December 12, 2018, the Mayor and City Commission consecutively adopted Resolution No. 2018-30647, approving a 6th Street ROW vacation Development Agreement, between the City and South Beach Heights I, LLC, 500 Alton Road Ventures, LLC, 1220 Sixth, LLC, and KGM Equities, LLC (collectively, the "Developers"), detailing the obligations of both parties as well as standards and conditions of the vacation. 

 

Among the Development Agreement's conditions, the Developers agreed to:

 

(1) Grant the City a 50 feet-wide perpetual non-revocable utility, roadway and pedestrian access easements across the vacated 6th Street ROW; and

 

(2) Convey to the City, in fee simple, a minimum of 3.0 acres within the 5th - 7th Street blocks, between West Avenue and Alton Road for a world class public municipal park, to be designed and constructed at the Developers' expense (the Park Project);

 

The Developers own the property to the south of, north of, and adjacent to, the 6th Street ROW. The Developers intend to use the property as a mixed-use residential and commercial development.  

 

The public municipal park, once constructed, is to be owned and maintained by the City.   The park improvements extend into the Florida Department of Transportation's (FDOT) jurisdiction along State Road 907, also known as Alton Road.

 

In order for FDOT to approve the issuance of the construction and installation permits for the Park Project, FDOT is requesting that the City be responsible for the maintenance of the improvements via a Maintenance Memorandum of Agreement (MMOA), attached as Exhibit "A.

ANALYSIS

The improvements proposed by the Developers include the use of materials that are not typical within the ROW under FDOT jurisdiction, which include (but are not limited) to landscape and pigmented sidewalks.

 

FDOT will approve the permits for the proposed improvements, as long as the City agrees to execute an MMOA with FDOT, accepting full maintenance responsibility for the area. The City has executed several similar agreements in the past where landscape and nonstandard materials have been being installed.

 

Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City.  In order to continue maintaining excellent standards in this area, the City recommends approving the MMOA with FDOT.

CONCLUSION

The Administration recommends approving the execution of the Maintenance Memorandum of Agreement between the City and FDOT, in order to allow the approval and issuance of the construction and installation permits for the Park Project.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Public Works

ATTACHMENTS:
Description
2018-30648 Resolution
2018-30647 Resolution
(Exhibit "A") DRAFT MMOA - CMB - Permits 530 560 Alton
FDOT permit package, 600-700 Alton Road (SR 907/ALTON RD/NORTH ALTON RD/W 63 ST)
FDOT permit package, 600 Alton Road (EB MACARTHUR CSWY TO NB ALTON RD)
Resolution