Resolution 2024-33109 RESOLUTION NO. 2024-33109
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2024
MEETING,AND AUTHORIZING THE ADMINISTRATION TO PRIORITIZE FUNDING
DURING THE 2025 BUDGET PROCESS FOR A FEASIBILITY STUDY, ESTIMATED
TO COST APPROXIMATELY $100,000.00, TO DETERMINE THE DESIGN AND
CONSTRUCTION COSTS ASSOCIATED WITH A NEW CAPITAL PROJECT TO
DEVELOP A WALKWAY OVER WATER FOR THOSE SEGMENTS OF THE INDIAN
CREEK PEDESTRIAN PATHWAY WHICH ARE CURRENTLY NOT CONNECTED
TO THE CONTINUOUS PATH (UNCONNECTED PATH), SO THAT FUNDING FOR
THE DESIGN AND CONSTRUCTION MAY BE DETERMINED FOR THOSE
SEGMENTS OF THE UNCONNECTED PATH FOR WHICH THE CITY, ON ITS OWN
OR BY SECURING THE REQUISITE CONSENTS OR OTHER PROPERTY RIGHTS,
MAY PROCEED TO COMPLETE THE INDIAN CREEK PEDESTRIAN PATHWAY.
WHEREAS, on September 27, 2016, the City Commission adopted Resolution No. 2016-
29584, which authorized the City Manager to accept the transfer to the City, via quit claim deeds of
approximately 4,000 linear feet of seawall along Indian Creek Drive from private property owners
adjacent to Indian Creek Drive, so that the City and the Florida Department of Transportation (FDOT)
may undertake the construction of a 5.7 NAVD elevation seawall barrier wall to improve street
drainage and raise the road elevation for Indian Creek Drive between 26th Street and 41st Street; and
WHEREAS, on February 8, 2017, the Mayor and City Commission adopted Resolution No.
2017-29749, which authorized the City Manager to accept quit claim deeds with an easement
agreement, providing the upland property owners the ability to build a dock, or similar structure, in
the future, on the water-ward side of the seawalls; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-29982, memorializing action taken by the City commission on May 17, 2017, which
modified Resolutions No. 2016-29584 and 2017-29749, so that the City Manager can accept the
transfer to the City via quit claim deed, easement agreement, or cross-easement agreement, and
extending the original authorization to include the area between 23rd Street and 26th Streets so that
the City and FDOT may extend the construction of the seawall barrier wall from 23rd Street through
41st Street(Project Site); and
WHEREAS, the City approached property owners of the outlots located along Indian Creek
Drive/Lake Pancoast within the Project Site during the design phase of the seawall installation
project, requesting that the property owners either provide an easement through their outlot parcel
or transfer the property to the City via quit claim deed, permitting the City to install a new seawall at
no cost to the property owners and permitting the City to construct a connecting walkway and other
public facilities at the outlot properties; providing, however, that in the case of a deed transfer of the
outlot parcel to the City, the property owner would retain an easement through the outlot for access
and construction a dock in the future, subject to the property owner securing the requisite regulatory
approvals; and
WHEREAS, at its March 13, 2024 meeting, the City Commission approved a dual referral
(Item C4 I) to the Finance and Economic Resiliency Committee (FERC) and the Land Use and
Sustainability Committee (LUSC) to consider the creation of a new capital project to install floating
walkways and/or the acquisition of the outlot parcel directly west of Indian Creek Drive and owned
by the property located at 2811 Indian Creek Drive ("2811 Outlot Parcel") to complete the Indian
Creek pedestrian pathway; and
WHEREAS, The item was anticipated to be heard at the May 1, 2024 LUSC meeting, but it
was not heard; and was also scheduled to be heard at the May 24, 2024 FERC meeting; and
WHEREAS, the referral references a March 18, 2020 City Commission Resolution
(Resolution No. 2020-31210), approving one (1) of two (2) concept plans prepared by landscape
architect Craven Thompson & Associates, Inc. ("Craven Thompson"), based on community
feedback, to restore landscape removed during the construction of the seawall that extends from
24th Street to 41st Street on the east side of the Indian Creek Canal/Waterway (i.e., on the west side
of Indian Creek Drive); and
WHEREAS, the approved concept plan provided connectivity for pedestrians between three
(3) anchor points: (1) 41st Street; (2) the pedestrian bridge at 28th Street; and (3) the south end
overlooking Lake Pancoast; and
WHEREAS, the plan proposed varied layers of landscaping between the anchor points and
the connectivity, to buffer the barrier wall, to screen and open some views, and plant large shade
trees at the road intersections with Indian Creek Drive("ICD")to limit traffic related light pollution into
the residential neighborhoods; and
WHEREAS, as part of Resolution No. 2020-31210, the Mayor and City Commission directed
the Administration to work with Craven Thompson to increase the pathway and landscaping in as
many areas as possible; and
WHEREAS, for these three segments, Craven Thompson created pedestrian starts/stops at
certain pinch points where the pathway would otherwise end; there are crosswalks at these pinch
points to enable pedestrians who wish to walk along the west side of ICD to cross over to the east
side temporarily, until the next crosswalk that can connect them back to the pathway; and this is less
than ideal as pedestrians are forced to cross ICD and cross back several times to get from 26th Street
to 41st Street; and
WHEREAS, construction of the pathway in its current iteration is reflected in the Indian Creek
Greenway plan prepared by Craven Thompson, dated September 1, 2023 (Greenway Plan), a copy
of which is attached to the City Commission Memorandum accompanying this Resolution; and
WHEREAS, as highlighted in red in the Greenway Plan, the following areas currently do not
permit continuous passage over the Greenway ("Unconnected Pedestrian Pathway") for a number
of reasons, to wit:
• 28th Street near the pedestrian bridge(the City has not secured property rights to the
2811 Outlot Parcel);
• 31st through 35th Street (the City owns or has property rights to this segment of the
Unconnected Pedestrian Pathway; however, there may be a City structure blocking
use of the Pedestrian Pathway; the City may need consent to develop the Pedestrian
Pathway on water/land from, a property owner under its agreement and/or secure
governmental approvals; or there is not sufficient space to develop the Pedestrian
Pathway; and
• Approximately from 37th Street to 39th Street (the City owns or has property rights to
this segment of the Unconnected Pedestrian Pathway; however, the City may need
consent to develop the Pedestrian Pathway on water from a property owner and/or
secure governmental approvals.
WHEREAS, the Mid Beach Neighborhood Association (MBNA) has requested that the City
consider the installation of walkways over water connecting the pinch points along ICD to allow for a
continuous pathway from 26th Street to 41st Street; and
WHEREAS, the installation of the Pedestrian Walkway over water, where it could not
otherwise be constructed on land,would not only provide a practical solution for pedestrians traveling
north or south along ICD in Mid Beach but would also allow residents and visitors the ability to
experience the City's natural beauty in a more intimate way; and
WHEREAS, the 2811 Outlot Parcel is the only segment of the Unconnected Pedestrian
Walkway in which the City does not have a property interest to develop the Pedestrian Walkway and,
in its current design, a pedestrian who crosses the 28th Street pedestrian bridge over Indian Creek
must walk north to the crosswalk at 29th Street, then use the sidewalk on the east side of Indian
Creek Drive to head south; and
WHEREAS, as noted in the referral item, sponsoring Commissioner Alex Fernandez also
wished to discuss the possibility of negotiating an access easement through the 2811 Outlot Parcel
by negotiation with the owner or, if necessary, by eminent domain, in order to develop a floating
walkway and provide a more safe and efficient south bound passage at the 2811 Outlot Parcel
location; and
WHEREAS, at is May 24, 2024 FERC meeting, Committee members discussed the item at
length and made a favorable motion to proceed to the City Commission, directing the Administration
to work with the City Attorney to negotiate an access easement at 2811 Indian Creek Drive and/or
commence an eminent domain proceeding; and prioritize funding during the 2025 budget process
for a new capital project to install a walkway over water as part of the Indian Creek pedestrian
pathway; and
WHEREAS, the FERC recommendation relating to the 2811 Outlot Parcel is the subject of a
separate Resolution; and
WHEREAS,for the segments of the Unconnected Pedestrian Pathways in which the City has
a property interest in the land along the Pedestrian Pathway pursuant to an easement or Quit Claim
Deed with cross,easement rights flowing to the property owner, the City Attorney's Office would have
to review the City's property rights, depending upon whether the path would be developed on the
land or on water, and determine whether or not a consent would be required from the property
owners; and
WHEREAS, additionally, the development of a walkway over water by extending the seawall
cap will require work to be performed in, on, over or upon the water and will require a Class 1 Permit
and possibly other permits, depending upon,the location, nature, type, and size of the project, with
the permitting process taking a minimum of 6 to 12 months; and
WHEREAS, once the Administration determines what portions of the Outstanding
Pedestrian Pathway segments can be developed by the City in its own right or through securing the
requisite consents or other property rights, the City will need to retain the services of a consultant to
prepare a feasibility study, which could cost approximately $100,000.00; and once the feasibility
study is completed, the design work could cost approximately$400,000.00, depending upon the size
and scope of the project; once the scope of the project is determined, the construction costs could
be determined; and following construction, the City would need to budget the annual costs
associated with the maintenance of the walkway over water,with all of the foregoing currently subject
to funding appropriation and approval by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2024
meeting, and authorize the Administration to prioritize funding during the 2025 budget process for a
feasibility study, estimated to cost approximately $100,000.00, to determine the design and
construction costs associated with a new capital project to develop a walkway over water for those
segments of the Indian Creek pedestrian pathway which are currently not connected to the continuous
path (Unconnected Path), so that funding for the design and construction may be determined for
those segments of the Unconnected Path for which the City, on its own or by securing the requisite
consents or other property rights, may proceed to complete the Indian Creek pedestrian pathway.
PASSED AND ADOPTED this day of /Oki 2024.
Steven Meiner, Mayor
ATTEST:
JUL — 3 2024 ,
Rafael E. Granado, Secretary ' IN(ORP OPATEDI
Sponsored by Commissioner Alex J. Fernandez
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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City Attorney , Date