HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8631
Date: 02/11/2021
Commission Meeting Date: 02/11/2021
Type: Resolution
Subject: USACE Back Bay Study
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of Zoning
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Nicole Ewan
Valentin J Alvarez
Daniel Goldberg
Leon P Michel
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Requesting Department: City Commission
Sponsored By: Ken Russell
District Impacted:
Reviewed B
Meeting
Legislative Division Review
ACA Review
Budget Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
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02/11/2021 9:00 AM
02/11/2021 6:33 PM
03/02/2021 9:40 AM
03/02/2021 10:54 AM
03/02/2021 11:05 AM
03/10/2021 7:08 PM
03/11/2021 6:54 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0068
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8631 Final Action Date:2/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING MIAMI-DADE
COUNTY'S ("COUNTY") EFFORTS TO COLLABORATE WITH THE UNITED STATES
ARMY CORPS OF ENGINEERS RELATED TO THE MIAMI-DADE BACK BAY
COASTAL STORM RISK MANAGEMENT DRAFT INTEGRATED FEASIBILITY
REPORT AND PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT AND
RECOGNIZING THE POSITIVE MOVEMENT THAT HAS OCCURRED SINCE
RELEASE OF THE TENTATIVELY SELECTED PLAN TO ADDRESS CONCERNS
RELATED TO GREATER USE OF NATURE -BASED FEATURES, IMPACTS TO
WATER VIEWS, ENVIRONMENTAL IMPACTS, DESIGN FOSTERING ACCESS TO
BISCAYNE BAY, AND COORDINATION WITH LANDOWNERS; REQUESTING THE
FINAL REPORT CONTAIN RECOMMENDATIONS THAT PROVIDE ADDITIONAL
FLEXIBILITY THAT ALLOWS THE CITY OF MIAMI AND THE COUNTY TO HAVE
SIGNIFICANT INPUT TO DECISIONS MADE DURING THE PLANNING,
ENGINEERING, AND DESIGN PHASE; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN.
WHEREAS, the United States Army Corps of Engineers ("Army Corps"), in partnership
with Miami -Dade County ("County") as the Non -Federal Sponsor, is conducting the Miami -Dade
Back Bay Study ("Back Bay Study") to assess the risks of flooding due to storms and sea level
rise within the inshore coastal waters of Biscayne Bay and evaluate methods to reduce those
impacts; and
WHEREAS, the Army Corps is conducting the Back Bay Study at its own expense and
given the importance of these issues to the community, the City of Miami ("City") greatly values
both the financial assistance and expertise that the Army Corps is providing; and
WHEREAS, on June 5, 2020, the Army Corps issued a Draft Integrated Feasibility
Report and Programmatic Environmental Impact Statement with a Tentatively Selected Plan for
public comment by August 19, 2020 and by September 2021, the Chief of Engineers ("Chief") is
expected to approve and sign a final report, which will be subject to a subsequent authorization
and appropriation process with the United States Congress; and
WHEREAS, the Army Corps has been conducting the Back Bay Study with assistance
from the City; and
WHEREAS, the Army Corps and the County have held public meetings about the Back
Bay Study; and
WHEREAS, the City Commission, residents, property owners, and the Downtown
Development Authority of the City of Miami, Florida ("DDA") have publicly expressed concerns
about the Back Bay Study; and
WHEREAS, the City submitted written comments to the Army Corps on August 19, 2020
expressing the City's concerns and providing recommendations for the Back Bay Study and
requesting the Army Corps to make appropriate changes to the Tentatively Selected Plan and
before taking any further official action; and
WHEREAS, the Army Corps recognizes the concerns and recommendations identified
by the City and is conducting additional engagements with stakeholders to provide updated
information about how the recommendations have evolved to allow for greater use of natural
features and discuss flexibility within the report to provide a project that meets the City's
concerns; and
WHEREAS, the Army Corps must address written comments while optimizing
recommendations to determine the final project that provides the greatest net economic benefits
which is identified as the National Economic Development ("NED") plan; and
WHEREAS, the City Commission has urged the Army Corps to consider continuous
flood protection along the Biscayne Bay Shoreline from the Rickenbacker Causeway to
Interstate 395 ("1-395") as well as the inclusion of natural and nature -based features, such as
nearshore artificial reefs and living shorelines; and
WHEREAS, green infrastructure, berms, and levees are all tested features used by the
Army Corps, which have proven to be cost effective, flexible in phases, and effective in
mitigating impacts from sea level rise and storm surge; and
WHEREAS, a grey -only solution will potentially diminish the property values the
infrastructure is meant to protect and a grey -green hybrid solution can be just as effective and
cost-effective as a grey -only solution; and
WHEREAS, this City Commission urges the Army Corps to design any coastal features
in a way that acknowledges the public's desire to view, access, and appreciate Biscayne Bay
and is consistent with Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), design guidelines for the City's Baywalk system, and responsible
public use and enjoyment of Biscayne Bay; and
WHEREAS, the City Commission urges the Army Corps to consider all of these
recommendations for the Back Bay Study and to make appropriate changes to the NED Plan
before finalizing the Chief's report; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the City Commission, by a majority vote, deems this Resolution to be of an
emergency nature in order to immediately protect the public health, welfare, and safety of the
City's residents;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission urges the Army Corps to address all City
recommendations for the Back Bay Study and to include the following acknowledgements in the
final report:
(a) That the report contains only a concept level of design in order to determine the
federal authorization based on the NED Plan that provides for the most efficient use
of federal investment with maximum benefits at the lowest cost.
(b) That once authorized, the Army Corps will work in partnership with the County and
the City to design and construct structural systems in the Brickell and Downtown
areas of the City that harmonizes with the local community and contains more
natural design aspects to enhance our environment, recognizing that any
enhancements above and beyond what the federal government is legally authorized
may be incorporated through a Local Preferred Plan.
(c) That it is recognized the intent of all parties is to incorporate the Non -Federal
Sponsor's desired design enhancements into the authorized structural components
that will be built to the practicable extent possible.
(d) That the Army Corps will provide a collaborative design process with extensive public
input to allow for the construction of a structure that provides the protections laid out
in the Chief's report, while simultaneously ensuring there is a community connection
to the water and bringing in as many environmental enhancements as possible.
Section 3. The City Commission directs the City Clerk to transmit certified copies of this
Resolution to the Members of the Florida Congressional Delegation and the Assistant Secretary
of the Army for Civil Works.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/10/2021