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HomeMy WebLinkAboutR-21-0068City of Miami Resolution R-21-0068 Legislation 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. SPONSOR(S): Commissioner Ken Russell 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 City of Miami Page 1 of 3 File ID: 8631 (Revision:) Printed On: 5/15/2025 File ID: 8631 Enactment Number: R-21-0068 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. City of Miami Page 2 of 3 File ID: 8631 (Revision:) Printed on: 5/15/2025 File ID: 8631 Enactment Number: R-21-0068 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: vndez, ity Attor ey 3/10/2021 City of Miami Page 3 of 3 File ID: 8631 (Revision:) Printed on: 5/15/2025