LTC 262-2013 Beachwalk II Project MIAMI BEACH
R
OFFICE OF THE CITY MANAGER
2W JUL 32 P 9:24
NO. LTC # 262 -2013 LETTER TQ�.�COWIS�P
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 30, 2013
SUBJECT: Beachwalk II Project from Sunrise Plaza to 5th Street
The purpose of this Letter to Commission is to provide an update on the Beachwalk II Project.
The Beachwalk II Project consists of an on -grade paver pathway that will connect South Pointe
Park to the existing serpentine promenade in Lummus Park at 5 Street. In order to expedite
the Coastal Construction Control Line permitting process, the City split the project into two
phases: Phase I — South Pointe Drive to 3 Street and Phase II — 3 Street to 5 Street.
The City has obtained the easements from the adjacent upland properties and the permits
necessary for construction of Phase I in the sand hard pack along the western side of the
dunes. On July 17, 2013, the City Commission approved the award of contract to Team
Contracting, Inc., for an amount not -to- exceed $1,396,438. Construction is anticipated to begin
in August 2013 and be complete by January 2014.
Florida Department of Environmental Protection (FDEP) regulations require the project be
located as far landward as practicable on the landward side /slope of the dune. Florida
Administrative Code requires minimization of impacts to the beach -dune system, including
potential debris impacts and effects on marine turtles and their nesting habitat. Thus, the
preferred location of the project is in the existing hardpack along the western toe of the dune,
which is already being utilized by the public for recreational purposes.
Since 2009, the City has conducted meetings with individual properties and provided perpetual
easement documents for their review and approval. In June 2012, the City presented the project
at the South of Fifth Neighborhood Association. On September 6, 2012, a public meeting at City
Hall was held to reintroduce the project to the upland properties between .3r Street and 5th
Street. At this meeting, staff provided an update on Phase I and discussed the need to obtain
easements to continue Phase II in the existing sand spoil area west of the dune. At this meeting,
several residents stated that their condominium documents require a majority of owners to vote
to approve providing an easement to the City, which is very difficult for condominium
associations to obtain.
Section 718.111 of the Florida Statutes states that a condominium association may acquire,
convey, lease, or mortgage .association real property in the manner provided in the
condominium documents, and if the documents do not specify the procedure, then approval of
75 percent of the total voting interests is required. Staff has reached out to all the properties
located between 3 Street and 5 Street to again request easements and copies of each
property's condominium documents to confirm each association's ability to convey the
necessary easements to the City.
LTC - Beachwalk H Project
July 30, 2013
Page 2 of 2
Residents in the buildings between 3 Street and 5 Street have opposing views on the path's
location. While some residents prefer that the City improve the existing hardpack, others would
like the path shifted east into the protective dune system. At this time the City has not yet
received any easements between 3r Street and 5 Street.
If you have any questions, please feel free to call me.
MT /ETC /JJF /RWS /ESW
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