Public Works staff has meet with the City's legal counsel to discuss possible usage and limitations of the proposed private land. It was stated that in order to develop a park on private property, the City would need legal rights/control over the private land. This may be achieved through the purchase of the land, or pursuant to an easement, lease, use agreement or other agreement.
During the dog park operation, the City would need to adhere to the restrictions that would normally apply to a park (attached). Pursuant to Section 7.01, of the County’s Code of Ordinances (attached), the public access to and views of the water shall not be obstructed or impaired by buildings or other structures or concessions which are in excess of 1,500 square feet each.
Public Works also reached out to the City's Environmental and Sustainability Department for feedback. They stated some concerns. There is an area of the City that has chronically elevated fecal bacteria levels and when the source tracking was performed to identify the fecal gene biomarkers, it was determined to be from canine DNA. The Environmental and Sustainability team are also working on identifying the source of the pollution. Having a large amount of dog waste so close to Indian Creek is a concern due to runoff and the ability to enter the City's stormwater system if not properly disposed.
The seawall elevation was also researched, and it was determined that storm surge or tidal influences could also be an issue. The average elevation of the seawall in this area is 2.0’ NAVD. This is well below the City's required elevation. Additionally, during high tide season, especially king tide, there is great potential for overtopping. This could significantly pollute Indian Creek, which feeds into Biscayne Bay, if any mixing occurs.
In an effort to minimize the inconvenience to residents, the Sanitation Division of the Public Works Department has installed two doggie-bag dispensers; one just north of the 5330 Block property on City-controlled land, and another just south of the 5300 Block property, also on City-controlled land, to allow for the proper disposal of dog waste. Photos are provided as in attachment to this memo.