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Resolution 2021-31720 RESOLUTION NO. 2021-31720 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING THE 59TH STREET BIOSWALE PILOT PROJECT WITHIN THE WEST 59TH STREET RIGHT-OF-WAY, BETWEEN ALTON ROAD AND BISCAYNE BAY, FROM THE NINETY (90) DAY TREE REMOVAL MORATORIUM ESTABLISHED PURSUANT TO RESOLUTION NO. 2021-31653, IN ORDER TO AVOID A DELAY IN THE COMMENCEMENT OF THE BIOSWALE PILOT PROGRAM. WHEREAS, at the.March 17, 2021 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2021-31653, directing the City Administration to prepare a Letter to Commission (LTC), identifying palm removals anticipated to take place within the next 90 days (from the date of the adoption of the Resolution), in order to permit members of the City Commission to identify tree removals in specific areas that may be of significant concern; and WHEREAS, the Resolution also directed that the City Administration hold such palm removals in abeyance until such time as legislation proposed at the March 17, 2021 City Commission meeting, regarding preservation of palm tree landscapes iconic to Miami Beach's culture and history, is considered, and-further provided that the intent of the Resolution is to accommodate preservation concerns while minimizing any delays to construction projects that are currently in progress; and WHEREAS, at the September 11, 2019 City Commission meeting, the Mayor and City Commission adopted Resolution.No. 2019-30950, accepting the recommendation of the Finance and Citywide Projects Committee, and authorizing the Administration to proceed with the development of a bioswale pilot project, as a means to test the efficacy and value of this technology to provide water quality improvements and attenuation of the runoff from developed areas of the City, to be located within the West 59th Street right- of-way, between Alton Road and Biscayne Bay; and WHEREAS, at the January 13, 2021 City Commission meeting, the Mayor and City Commission approved a request for approval to award a contract pursuant to Invitation To Bid (ITB) No. 2021-028-AY for such 59th Street bioswale; and WHEREAS, during the time that Resolution No. 2021-31653, and the resulting moratorium became effective, City staff was in the process of obtaining the necessary permitting to remove twelve (12) palm trees at the project location in order to begin the 59th Street bioswale project; and WHEREAS, in order to not delay an important project that has the potential to improve the quality of stormwater runoff into Biscayne Bay, the Administration requests that the City Commission add the 59th Street bioswale project to the list of exempt projects for the palm tree removal moratorium, so they may proceed as planned; and 1 WHEREAS, the bioswale project originally called for the removal of twelve (12) palm trees but now City staff is evaluating the feasibility of relocating them as part of this project, with the new location of the palm trees to be along the proposed sidewalk along 59th Street just west of North Bay Road. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission exempt the 59th Street bioswale pilot project within the West 59th Street right-of-way, between Alton Road and Biscayne Bay, from the ninety (90) day tree removal moratorium established pursuant to Resolution No. 2021-31653, in order to avoid a delay in the commencement of the bioswale pilot program. PASSED and ADOPTED this 26th day of May, 2021. ATTEST: 1° 2-241 Dan Gelber, Mayor 6 hcitoz_i Rafa I E. Granado Cirk i B" lIk;CORP�ORATE . D° Lf " ,,c ` APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION City Attomo `_ Date 2 Resolutions -C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: May 26, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING, FROM THE NINETY (90) DAY TREE REMOVAL MORATORIUM ESTABLISHED PURSUANT TO RESOLUTION NO. 2021-31653, THE 59TH STREET BIOSWALE PILOT PROJECT WITHIN THE WEST 59TH STREET RIGHT-OF-WAY, BETWEEN ALTON ROAD AND BISCAYNE BAY, IN ORDER TO AVOID A DELAY IN THE COMMENCEMENT OF THE BIOSWALE PILOT PROGRAM. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY At its March 17, 2021 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2021-31653, directing the `City Administration to prepare a Letter to Commission (LTC), identifying palm removals anticipated to take place within the next 90 days (from the date of the adoption of the Resolution), in order to permit members of the City Commission to identify tree removals in specific areas that may be of significant concern. The Resolution also requested that the City Administration hold such palm removals in abeyance until such time as legislation proposed at the March 17, 2021 City Commission meeting, regarding preservation of palm tree landscapes iconic to Miami Beach's culture and history, is considered; and further provided that the intent of the Resolution accommodate preservation concerns while minimizing any delays to construction projects that are currently in progress. ANALYSIS At the September 11, 2019 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2019-30950, accepting the recommendation of the Finance and Citywide Projects Committee at its June 28, 2019 meeting, and authorized the Administration to proceed with the development of a bioswale pilot project, as a means to test the efficacy and value of this technology to provide water quality improvements and attenuation of the runoff from developed areas of the City, to be located within the West 59th Street Right-of-Way, between Alton Road and Biscayne Bay. Page 8 of 358 At the January 13, 2021 City Commission meeting, the Mayor and City Commission approved a request for approval to award a contract pursuant to invitation to bid (ITB) No. 2021-028-AY for such 59th Street bioswale. During the time that Resolution No. 2021-31653, and the resulting moratorium became effective, City staff was in the process of obtaining the necessary permitting to remove 12 palm trees at the project location in order to begin the 59th Street bioswale project. In order to not delay an important project that has the potential to improve the quality of stormwater runoff into Biscayne Bay, Commissioner Steinberg has asked the Administration to request that the City Commission add the 59th Street bioswale project to the list of exempt projects for the palm tree removal moratorium so that the project could proceed as planned. The bioswale project originally called for the removal of 12 palm trees but now City staff is evaluating the feasibility of relocating them as part of this project. The new location of the palm trees will be along the proposed sidewalk along 59th Street just west of North Bay Road. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey show that 50% of residents rated efforts to manage stormwater drainage and flooding as excellent/good, and 59% of residents rated stormwater and drainage improvements as excellent/good. I n order to continue maintaining excellent standards in this area, the City is requesting the 59th Street project be added to the list of exempt projects for the palm tree removal moratorium. CONCLUSION The Administration recommends approving the Resolution. Applicable Area Middle Beach Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity- Revitalize targeted areas and increase investment. Legislative Tracking Public Works Sponsor Commissioner Micky Steinberg ATTACHMENTS: Description ❑ Resolution 2019-30950 ❑ Resolution 2021-31653 Page 9 of 358 ❑ Draft PESO O c Page 10 of 358 RESOLUTION NO. 2019-30950 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JUNE 28, 2019 MEETING, AND AUTHORIZING THE ADMINISTRATION TO PROCEED WITH THE DEVELOPMENT OF A BIOSWALE PILOT PROJECT WITHIN THE WEST 59TH STREET RIGHT-OF- WAY, BETWEEN ALTON ROAD AND BISCAYNE BAY. WHEREAS, the City of Miami Beach is investigating the use of stormwater infrastructure best management practices to improve water quality of the City's stormwater discharges into Biscayne Bay, designated an Outstanding Florida Water by the Florida Department of Environmental Protection; and WHEREAS, a bioswale, a manmade swale typically vegetated and mulched with engineering soils below the surface, can be deployed to address both water quality(treatment) and water quantity (attenuation); and WHEREAS, the City is seeking to implement a bioswale pilot project ("Bioswale Project"), as a mean to test the efficacy and value of this technology, to provide water quality improvements and attenuation of the runoff from developed areas of the City; and WHEREAS, the La Gorce neighborhood, West 59th Street between Alton Road and Biscayne Bay, was targeted for this pilot Bioswale Project; and WHEREAS, a bioswale can provide certain benefits and limitations, as more fully delineated in the Commission Memorandum accompanying this Resolution; and WHEREAS, on June 5, 2019, the City Commission referred this item to the Sustainability and • Resilience Committee (SRC), and to the Finance and Citywide Projects Committee (FCWPC); and WHEREAS, at the June 26, 2019 meeting of the SRC, the SRC expressed full support for the Bioswale Project, inclusive of pedestrian access leading to the Biscayne Bay; and WHEREAS, at the FCWPC's June 28, 2019 meeting, the FCWPC expressed full support for the project, recommended funding the proposed Bioswale Project from the stormwater bond program and directed City staff to look for ways to lower the cost of the proposed project; and WHEREAS, the FCWPC also requested the City to coordinate with the FDOT Alton Road Project, and to identify potential locations for a FPL transformer to be located in the area, in the event that Upper North Bay Road residents approve the undergrounding of the power lines in their neighborhood; and WHEREAS, the City's design engineer is identifying value engineering options, with a potential to reduce the cost of the Bioswale Project by as much as $200,000, from the original cost estimate of $850,000 to $650,000, provided that such options do not sacrifice the treatment and attenuation capacities of the Bioswale Project as originally contemplated; and WHEREAS, City staff anticipates that the Bioswale Project may be impacted the following future projects, especially along 59 Street between Alton Road and North Bay Road: Alton Road Reconstruction Project; the La Gorce Neighborhood Improvement Project; and with the FPL undergrounding project, if approved by the neighborhood; however, as the earliest that these other Page 11 of 358 projects are anticipated to be constructed is within five (5) years, by that time, the City would have had the benefit of verifying the efficacy and value of the proposed pilot Bioswale Project, which is the main intent of the pilot Bioswale Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its June 28, 2019 meeting, and authorizing the Administration to proceed with the development of a bioswale pilot project within the West 59th Street right-of-way, between Alton Road and Biscayne Bay. PASSED AND ADOPTED this 1/ day of September, 2019„- ---- . ATTEST: - - Dan Gelber, Mayor ik 1 N Raf I Granado, Ci-2d Clerk -' APPROVED AS TO 1 xi FORM &LANGUAGE ,,,i,;.-\\:S;;•.' i' &FOR EXECUTION i; s-.-'... -4"---''- k..'l--.--''-- -'''.--5.A. ,_; z.t i;CGRP ORfli} L * i. .e2kAcs___ (cU2 I<0 hC Attorney n D to Page 12 of 358 Resol{gions-C7 M t MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City.Commission FROM: Jimmy L. Morales, City Manager DATE: September 11,2019 ` t SUBJECT:A RESOLUTION OF THE'MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE-AT ITS JUNE 28 2019 MEETING, AND AUTHORIZING THE ADMINISTRATION TO PROCEED WITH THE DEVELOPMENT OF A BIOSWALE PILOT PROJECT WITHIN THE WEST 59TH STREET RIGHT-OF- WAY, BETWEEN ALTON ROADANDBISCAYNE BAY. i RECOMMENDATION The Administration recommends approving the Resolution. ANALYS1 The City of Miami Beach is investigating the use of stormwater infrastructure best management practices to improve water.quality of the City's stormwater.discharges into Biscayne Bay which t, designated an Outstanding Florida Water by the Florida Department of Environmental Protection. Bioswales, a manmade swale typically vegetated and mulched with engineering soils below the surface, is one of the strategies that can be deployed to address water quality (treatment) and some water quantity(attenuation). The City is seeking to implement a pilot project as means to test the efficacy and value of this technology to provide water quality improvements and attenuation of the runoff from developed areas of the City. The La-Gorce neighborhood, West 59th Street between Alton Road and Biscayne Bay,wastargeted for this pilot project. r - The Bioswale can provide the following benefits and limitations: BENEFITS LIMITATIONS Effective removal of suspended solids, :Bioswales are not intended to solve water nutrients(nitrogen and phosphorus)and quantity issues;thus,flooding would not be other pollutants before it enters the bay. completely addressed by a_bioswale. II Allows stormwater infiltration to replenish Periodic maintenance is required to preserve the fresh water lens beneath the ground ivegetation,grading,and permeability. Page 350 of 2228 . .. dr Page 13 of 358 Captures the first flush(1.5-inches)of. Only the first 1.5 inches of large rain events will - runoff from'every rain event to remove be captured,—excess water will bypassthe contaminants and attenuates the intensity bioswale due to limited capacity;however,this of rainfalls especially for high frequency, . _adequately treats contaminated runoff per County low volume rains. and State regulations. Beautifies the area with attractive Potential loss of parking if bioswales are placed landscape and utilizes a variety of native in right-of-way areas currently being used by plants to minimize maintenance property owners for parking. requirements. " 1 - The City Commission referred this item to the Sustainability and Resilience Committee (SRC) " and the Finance and Citywide Projects Committee (FCWPC)on June 5,2019. At the June 26 meeting, the SRC expressed full support for the project inclusive of a pedestrian access leading the Biscayne Bay. At the June 28,'2019 meeting, the FCWPC expressed full support for the project and agreed to fund it from the stormwater bond program.and directed City staff to look for ways tolower the cost either by reducing the number of optional types bioswales or other measures without lessening the benefits. The FCWPC also requested the City to coordinate with the FDOTAlton Road Project and look for potential locations for the FPL transformer to be located in the event that the Upper North , Bay Road residents approve the undergrounding of the power lines. The design engineer is looking into performing value engineering with a:potential.to reduce the cost of thebioswale as much as $200K from the original cost.estimate of $850"to $650K by changing out one of the three types of bioswales to two types of bioswales without sacrificing the treatment andattenuation capacities as originally designed. • "The City anticipates' some impacts to the proposed bioswales, especially along 59 Street between Alton Road and North Bay Road due to the following future projects:Alton.Road Reconstruction Project; the La Gorce Neighborhood Improvement Project; and with FPL for potential undergrounding efforts; however, the soonest these projects are anticipated to be constructed will be in five years and by then the.bioswale pilot project would have demonstrated the efficacy and value which is the main intent of this project. CONCLUSION. " The Administration recommends approving the Resolution. Legislative Tracking C Public Works ° . ATTACHMENTS: .. Description t ' o LTC 431-2019 Overview of Bioswale Method • o Form Approved reso 1 Page'351 of 2228 =- -. Page 14 of 358 _ t B A OFFICE OF THE CITY MANAGER • NO.LTC# 431-2019 LET ' R TO COMMISSION TO: Mayor Dan Gelber and Members of e City if mission FROM: Jimmy L. Morales, City Manager DATE: August 2, 2019 SUBJECT: Overview of Bioswale Method The purpose of this Letter to Commission is to provide an overview of a bioswale design, objectives, benefits, and limitations. Bioswales can improve stormwater runoff quality by allowing sediments and other deposits to settle out of the water naturally in the bioswale retention area and the engineered soils beneath the surface of the basin. Bioswales help to reduce the velocity of water by slowing down and retaining water, treating the stormwater before it passes into the stormwater system and eventually the waterways and ecosystems. In the Urban Land Institute's Technical Advisory Panel Report, it is recommended that the city integrate flood management into the larger resilience strategy, to holistically move to a "living with water"approach and to actively use green space to enhance permeability citywide. Jacobs Engineering has been retained to develop an integrated water management approach. Jacobs' first task order is to evaluate blue and green infrastructure and provide guidance on how to best utilize these approaches. Bioswales will be a green infrastructure method evaluated by Jacobs. This task order will be complete by October 2019. BENEFITS LIMITATIONS Effective removal of suspended solids, Bioswales are not intended to solve water 1 nutrients(nitrogen and phosphorus) and other quantity issues; thus, flooding would not be ' pollutants before it enters the bay. completely addressed by a bioswale. Allows stormwater infiltration to replenish the Periodic maintenance is required to preserve fresh water lens beneath the ground vegetation, grading, and permeability. Can capture the first flush (1.5-inches) of Only the first 1.5 inches of large rain events runoff of rain events to remove contaminants. ` will be captured—excess water will bypass the ' bioswale due to limited capacity; however,this adequately treats contaminated runoff per county and state regulations. Beautifies the area with attractive landscape Potential loss of parking if bioswales are and utilizes a variety of native plants to placed in right-of-way areas currently being minimize maintenance requirements. ' used by property owners for parking. l � i Page 352 of 2228 Page 15 of 358 Several examples of typical bioswale designs in public spaces: i. ..-:,f't t.:r"---4--r—..-....' Z.:: 6: .1:1 ' ........ames........ 1"." i ..7.244„. f . • -o• s . ' r . M• ••••••••64,- - • a ti i r r Jr I V. • . - ilf 41 1 I - - _bra, ". c r 1 S IJLM'.CMTl W S ' /6 /NPJ/LBM At Page 353 of 2228 2 Page 16 of 358 RESOLUTION NO. 2021-31653 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO ISSUE A LETTER TO THE CITY COMMISSION, IDENTIFYING THE PALM TREE REMOVALS ANTICIPATED TO TAKE PLACE WITHIN THE NEXT 90 DAYS, IN ORDER TO PERMIT MEMBERS OF THE CITY COMMISSION TO IDENTIFY TREE REMOVALS IN SPECIFIC AREAS THAT MAY BE OF SIGNIFICANT CONCERN,-AND REQUEST THAT THE CITY ADMINISTRATION HOLD SUCH TREE REMOVALS IN ABEYANCE UNTIL SUCH TIME AS LEGISLATION PROPOSED AT THE MARCH 17, 2021 CITY COMMISSION MEETING REGARDING PRESERVATION OF PALM TREE LANDSCAPES ICONIC TO MIAMI BEACH'S CULTURE AND HISTORY IS CONSIDERED; AND FURTHER PROVIDING THAT THE INTENT OF THE FOREGOING RESOLUTION IS TO ACCOMMODATE PRESERVATION CONCERNS WHILE MINIMIZING ANY DELAYS TO CITY CONSTRUCTION PROJECTS THAT ARE CURRENTLY IN PROGRESS. WHEREAS, in an effort to develop and maintain a healthy and sustainable urban tree canopy, the Urban Forestry Master Plan ("UFMP") generally recommends shifting to a higher percentage of non-palm canopy trees citywide in order to improve the resiliency of the City's urban forest, which will result in reducing the percentage of palms citywide by certain dates, including through certain targeted removals of palms; WHEREAS, the City encourages historic preservation, including preservation of iconic historic landscaping features; WHEREAS, the UFMP also recognizes the "iconic" historical significance of palms in the City of Miami Beach, and acknowledges the challenge of facilitating adaptive change, while preserving clear established neighborhood identities, particularly when those neighborhood identities are founded in palms; and WHEREAS, palms always have been, and remain an iconic part of Miami Beach's landscape; and WHEREAS, as such, the Mayor and City Commission direct the City Administration to issue a letter to the city commission, identifying the palm tree removals anticipated to take place within the next 90 days in order to permit members of the City Commission to identify tree removals in specific areas that may be of significant concern; and WHEREAS, upon receiving the letter from the City Administration, members of the City Commission will have the opportunity to evaluate and request that the City Administration hold palm tree removals that pose a significant concern in abeyance, until such time as legislation proposed at the March 17, 2021 City Commission meeting regarding preservation of palm tree landscapes iconic to Miami Beach's culture and history is considered by the Mayor and City Commission; and Page 17 of 358 WHEREAS, the Mayor and City Commission wish to establish a 90-day moratorium on the removal of palms from public property except for the following two projects: North Beach Oceanside Park Beachwalk (#26119) and Surface Lot at Biscayne Beach (#20518); and WHEREAS, the intent of this Resolution is not to create a moratorium on tree removals or interfere with the existing twenty-two (22) capital projects, but to accommodate preservation concerns in areas that are most sensitive, while minimizing any delays to City construction projects that are currently in progress. 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 direct the City Administration to issue a letter to the City Commission, identifying the palm tree removals anticipated to take place within the next 90 days, in order to permit members of the City Commission to identify tree removals in specific areas that may be of significant concern, and request that the City Administration hold such tree removals in abeyance until such time as legislation proposed at the March 17, 2021 City Commission meeting regarding preservation of palm tree landscapes iconic to Miami Beach's culture and history is considered; and further provide that the intentof the foregoing Resolution is to accommodate preservation concerns while minimizing any delays to City construction projects that are currently in progress. PASSED AND ADOPTED this /7day of /"u'rit": 2021. ATTEST: Dan Gelber, Mayor ztLi Raf el E. ranado, C(t Clerk Y (Sponsored by Commissioner Steven Meiner) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney OA Date Page 18 of 358 Resolutions-R7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Steven Meiner DATE: March 17, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO PRESERVE CERTAIN LANDSCAPES ICONIC TO MIAMI BEACH'S CULTURE AND HISTORY. ANALYSIS Resolution is forthcoming. Please feel free to contact Amadeus Huff for additional information. SUPPORTING SURVEY DATA N/A. Applicable Area Citywide, a Is this a"Residents Right Does this item utilize G.0, to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackin. Commissioner Steven Meiner Page 713 of 2284 Page 19 of 358 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXEMPTING, FROM THE NINETY (90) DAY TREE REMOVAL MORATORIUM ESTABLISHED PURSUANT TO RESOLUTION NO. 2021-31653, THE 59TH STREET BIOSWALE PILOT PROJECT WITHIN THE WEST 59TH STREET RIGHT-OF-WAY, BETWEEN ALTON ROAD AND BISCAYNE BAY, IN ORDER TO AVOID A DELAY IN THE COMMENCEMENT OF THE BIOSWALE PILOT PROGRAM. WHEREAS, at its March 17, 2021 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2021-31653, directing the City Administration to prepare a Letter to Commission (LTC), identifying palm removals anticipated to take place within the next 90 days (from the date of the adoption of the Resolution), in order to permit members of the City Commission to identify tree removals in specific areas that may be of significant concern; and WHEREAS,the Resolution also requested that the City Administration hold such palm removals in abeyance until such time as legislation proposed at the March 17, 2021 City Commission meeting, regarding preservation of palm tree landscapes iconic to Miami Beach's culture and history, is considered; and further provided that the intent of the Resolution accommodate preservation concerns while minimizing any delays to construction projects that are currently in progress; and WHEREAS,at the September 11,2019 City Commission meeting,the Mayor and City Commission adopted Resolution No. 2019-30950, accepting the recommendation of the Finance and Citywide Projects Committee at its June 28 2019 meeting,and authorized the Administration to proceed with the development of a bioswale pilot project, as a means to test the efficacy and value of this technology to provide water quality improvements and attenuation of the runoff from developed areas of the City, to be located within the West 59th Street right-of-way, between Alton Road and Biscayne Bay; and WHEREAS, at the January 13, 2021 City Commission meeting, the Mayor and City Commission approved a request for approval to award a contract pursuant to Invitation To Bid (ITB) No. 2021-028-AY for such 59th Street bioswale; and WHEREAS,during the time that Resolution No.2021-31653,and the resulting moratorium became effective, City staff was in the process of obtainingthe necessary permitting to remove 12 palm trees at the project location in order to begin the 59th Street bioswale project; and WHEREAS, in order to not delay an important project that has the potential to improve the quality of stormwater runoff into Biscayne Bay, the Administration would like to request that the City Commission add the 59th Street bioswale project to the list of exempt projects for the palm tree removal moratorium, so they may proceed as planned; and WHEREAS, the bioswale project originally called for the removal of 12 palm trees but now City staff is evaluating the feasibility of relocating them as part of this project.The new location of the palm trees will be along the proposed sidewalk along 59th Street just west of North Bay Road. NOW,THEREFORE,BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby exempt, from the ninety(90) day tree removal moratorium established pursuant to Resolution No. 2021-31653, the 59th Street bioswale pilot project within the West 59th Street right-of-way, between Alton Road and Biscayne Bay, in order to avoid a delay in the commencement of the bioswale pilot program. PASSED and ADOPTED this 26th day of May, 2021. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk 1 Page 20 of 358