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97-22533 RESO RESOLUTION NO. 97-22533 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ADMINISTRATION TO FINALIZE AND SUBMIT AN UPDATED BEACHFRONT MANAGEMENT PLAN TO THE STATE OF FLORIDA, PURSUANT TO MANAGEMENT AGREEMENT NO. 3595 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR MULTIPLE USE MANAGEMENT OF THE PUBLIC BEACHFRONT IN THE CITY OF MIAMI BEACH. WHEREAS, on February 3, 1982, the City entered into Management Agreement No. 3595 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, on behalf of the State of Florida, Department of Environmental Protection, for the management and use of the public beachfront in the City of Miami Beach from the Mean High Water Line to the Erosion Control Line for a period of twenty five (25) years (Management Agreement); and WHEREAS, pursuant to said Management Agreement, the City has agreed to submit a Management Plan every five years, in accordance with certain requirements (Section 253.034(4), Florida Statutes), which specify particular considerations which must be included in said Plan; and WHEREAS, the Management Plan submitted by the City in January, 1990, has expired; and WHEREAS, the State of Florida, Department of Environmental Protection is aware of the City'S efforts to develop a Beachfront Master plan to continue to address overall management of the beachfront area, which extends from Government Cut to 47th Street in Miami Beach; and WHEREAS, the State of Florida, Department of Environmental Protection, has recommended that on an interim step basis, the City amend and re-submit the old Management Plan, as attached hereto, by removing reference to a bicycle path, originally conceived as a linkage between 21st Street and Lummus Park and replacing it with language describing the new Beachwalk Extension Project and any other pertinent updated information; and WHEREAS, the permitting of the City's Beachwalk Project by the State of Florida, Department of Environmental Protection is contingent upon submission of said Management Plan. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, herein approve and authorize the Administration to submit the attached updated Beachfront Management Plan to the State of Florida, pursuant to Management Agreement No. 3595. PASSED and ADOPTED this 24th , 1997. ATTEST: (2-olu{r r~ CITY CLERK APPROVED AS TO fORM & lANGUAGE & FOR EXECUTION ~jL, ty Attorney ~~7 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 24,1997 SUBJECT: A RESOLUTI OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MI I BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ADMINISTRATION TO FINALIZE AND SUBMIT AN UPDATED BEACHFRONT MANAGEMENT PLAN TO THE ST ATE OF FLORIDA, PURSUANT TO MANAGEMENT AGREEMENT NO. 3595 WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR MULTIPLE USE MANAGEMENT OF THE PUBLIC BEACHFRONT IN THE CITY OF MIAMI BEACH. FROM: Jose Garcia-Pedrosa City Manager ADMINISTRATION RECOMMENDATION: To adopt the Resolution. BACKGROUND: As part of the City's obligations under the terms of the Loews agreement, the City is undertaking extensive infrastructure improvements, including the extension of the beachwalk between 21 st Street (where the existing wooden boardwalk ends) and Lummus Park. The City has engaged Coastal Systems International, a multi-disciplined engineering firm, specializing in coastal construction and permitting, to develop design plans for the beachwalk and to coordinate with State and County regulatory agencies, the City, and affected property owners fronting the proposed beachwalk route in order to permit and implement the project. To date, the consultants have developed working drawings as well as a report describing the scope of the project, the physical/environmental considerations pertaining to the proposed layout and composition of the beachwalk, and construction cost estimates associated with building the project. A copy of the consultant's report and plans for the proposed beachwalk are included with this memorandum. The plans have been well received by the State of Florida's Department of Natural Resources, Metro-Dade County's Department of Environmental and Resource Management as well as affected beachfront property owners along the proposed route. AGENDA ITEM c.'l0 9-2~.ql DATE ANALYSIS: Since January, 1997, the City and its consultants have spent a considerable amount of time meeting with property owners and with the State of Florida, Department of Natural Resources, for the purpose of achieving a consensus over the layout of the proposed beachwalk. The proposed plans have also undergone an extensive review by The City's Capital Improvement Review Committee, comprised of key department heads. Coastal Systems has revised the plans to reflect the input received from these various sources and on June 20, 1997, submitted a permit application package to the State of Florida. As a prerequisite to approving the permit application, the State has asked the City to address two Issues: 1) Updating the Beachfront Management Plan pursuant to the terms of Agreement No. 3595, between the City and the Florida Department of Natural Resources. This requirement is essentially a housekeeping matter. In 1982, the City of Miami Beach entered into a 25-year management agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the management ofthe use of the public beachfront between Government Cut and the northern boundary of Miami Beach. Among the terms ofthe agreement is a requirement for the City to provide an updated management plan every five years. The present 5-year agreement expired in 1995 and is due for renewal. We have informed the State of Florida Department of Natural Resources that the City is in the process of developing an overall Master Plan for the beach to address a variety of issues and concerns, but that it would not be completed in time for the submittal of the beachwalk permit. The State recommended that on an interim basis, the City amend and re-submit the old plan by removing reference to a bicycle path, originally conceived as a linkage between 21st Street and Lummus Park and replacing it with language describing the new beachwalk extension project. The plan should also reflect any other updated information from appropriate sources such as Recreation, Culture and Parks, Planning and Zoning and Property Management. The attached plan reflects the recommended changes as well as input from these sources. 2) Obtain easement agreements from certain properties fronting the proposed Beachwalk Project Since the proposed layout of the beachwalk meanders landward of the Erosion Control Line (ECL) on some of the hotel properties fronting the project, an Easement Agreement will be required between those properties involved and the City of Miami Beach. Of the twenty-three properties fronting the project, eleven properties will require easement agreements. The City's Legal Department has conducted title searches to determine ownership and has prepared an Easement Agreement for this purpose. All twenty property owners with the exception of one, have executed owner's certificates/letters- of-no-objection, allowing the City's consultant, Coastal Systems International, Inc., to act as the permit agent in processing a Coastal Construction Control Line (CCCL) permit application with the State Department of Environmental Protection (DEP). Execution of this Authorization form does not bind the property owners to the present layout/design, but enables the City's project consultant to proceed with the permit processing. It is anticipated that the final plans will be permitted by late fall, 1997, and that construction will begin by February, 1998. Based on this schedule, the project could be completed by late summer, 1998, in time for the opening of the Loews Hotel. JGP~Ob Attachment