05-17-2018 Regular Workshop Agenda The City of City Commission
Aventura WorkshopMeeting
„.4
May 17, 2018
*5. Following 9:00 A.M. Commission Meeting
19200 West Country Club Drive Aventura,FL 33180 Executive Conference Room
AGENDA
1. Call to Order/Roll Call
2. Port Aventura*/**
3. Budget Preview (Susan Grant)**
4. Resolution Supporting Weston Lawsuit (Vice Mayor Mezrahi)*
5. Communications Procedures (Commissioner Dr. Marks)
6. Seawall Coalition (Commissioner Narotsky)*
7. Commissioner Communications
8. Adjournment
* Back-up Information Exists
** PowerPoint Presentation
Agenda Revised 5/16/2018
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who
need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-
8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance
and may participate in the meeting.Agenda items may be viewed at the Office of the City Clerk,City of Aventura Government Center, 19200
W.Country Club Drive,Aventura,Florida,33180,or online at cityofaventura.com.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Susan Grant, City Manager
DATE: May 11 , 2018
SUBJECT: Port Aventura
Proposed Text Change to Comprehensive Plan and
Land Development Regulations
May 17, 2018 City Commission Workshop
The proposed draft of text change to the City's Comprehensive Plan and Land
Development Regulations is attached for discussion at the City Commission workshop.
At the City Commission's direction, staff will draft an ordinance for consideration by the
Local Planning Agency and by the City Commission at the July 10, 2018 meeting.
Proposed Text Amendments to City of Aventura Comprehensive Plan
Future Land Use Element— Medium-High Density:
Medium-High Density. This category allows a range of densities from 25 to 60 dwelling
units per gross acre. In this category, the height of the buildings, and therefore, the
attainment of densities approaching the maximum depends to a great extent on the
dimensions of the site, conditions such as location and availability services, zoning, type
of housing structure, the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas. The type of
housing structure typically permitted in this category includes low, medium, and high-
rise apartments, but may also include single family detached, duplexes, triplexes,
quadruplexesL acid townhouses, and Limited-Service Hotel in combination with
Multifamily Residential Use I Additionally, the height of the buildings and
attainment of densities appropriate transitions and buffers with the surrounding
neighborhood, and to alleviate impacts that will adversely impact service levels and
quality of life.
44240897;1
Proposed Amendments to City of Aventura -Chapter 31—Land Development
Regulations
Proposed Text Amendments to ARTICLE II. - DEFINITIONS AND RULES OF
CONSTRUCTION
Sec. 31-21. - Definitions.
Hotel shall mean a commercial establishment which provides temporary overnight
sleeping accommodations for the general public. No more than five percent of the
individual hotel units shall be occupied for more than 90 continuous days by the same
occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a
violation of this duration of stay restriction to allow any person to attempt to
circumvent this provision by: relocating to another unit in the same hotel; or by allowing
a person to temporarily check out of the hotel and subsequently re-register or check
back into the hotel for such purpose. Principal access to all rental rooms shall be
through an inside lobby or office supervised by a person in charge at all hours. Other
typical hotel services must be offered including daily linen and maid service, and receipt
and disbursement of keys and mail by the attendant at the desk in the lobby or office,
for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-
family residential dwelling. Compliance with the restrictions, conditions or limitations
set forth in this definition, shall be certified by the receipt holder at the time of issuance
and renewal of the applicable City local business tax receipt.
Hotel, Limited-Service is a hotel use within a residential development buil , in a
building separated from—the residential use and having its own separate driveway
entrance/exit and its own separate lobby, wherein no more than 10% percent of the
gross floor area is devoted to hotel amenities such as dining areas, bars, lounges, and
meeting rooms, excluding the gross floor area of accessory ground floor retail and
restaurant uses.
44240897;1 2
Proposed Text Amendments to Residential Zoning Districts, Section 31-143(f)(2a)(f)
Multifamily High Density Residential [RMF4]:
Sec. 31-143. - Residential Zoning Districts.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide
suitable sites for the development of well-planned, environmentally
compatible medium-high density multifamily residential use and limited-service
hotel use when combined with multifamily residential use {LSH MF}, in areas
consistent with the City's Comprehensive Plan Future Land Use Element.
Densities shall not exceed 45 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. All uses permitted in the RMF3 District.
b. High rise apartments.
c. Publicly owned recreation buildings and facilities, playgrounds, playfields
and parks.
d. ALF.
e. Uses accessory to any of the above uses when located on the same plot.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
44240897;1 3
b. Uses that exceed the height limitation, to a maximum height of 30 stories
or 300 feet, or to a maximum height of 35 stories or 350 feet for any
property which was granted a waiver pursuant to section 3 of Ordinance
2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units
per gross acre.
d. For buildings that attain LEED® Gold or Platinum certification as
provided in article VI of chapter 14 of the City Code, increased lot
coverage, provided that a green roof and/or green rooftop amenities are
provided and maintained for the common benefit of building occupants;
and; that increased Florida-Friendly tree canopy and Florida-Friendly
plantings designed to calm the heat island effect are located on site, all in
an amount equal to the requested increased lot coverage.
e. For buildings that attain LEED® Gold or Platinum certification as
provided in article VI of chapter 14 of the City Code, increased floor area
ratio.
f. Limited-Service Hotel in combination with Multifamily Residential Use
development . . - - - . • - - • - , in a building
separated from the residential use, subject to the following criteria:
1. Use and Design Criteria:
a) Shall only be permitted on properties where a minimum of two
(2) sides share all or part of a common lot line with another lot or
parcel of land that is zoned Community Business (B2) District on
the City's Zoning Map;
b) Retail and restaurant uses shall be permitted as accessory uses;
c) Not more than 10% of the gross building area shall be devoted to
hotel amenities such as dining areas, bars and lounges, and
meeting rooms, excluding ground floor retail and restaurant uses;
44240897;1 4
d) The gross floor area of the hotel use shall not exceed 33% of the
gross floor area of the building; and,
e) Hotel rooms shall meet the criteria in Section 31-144(c)(1)dd.
f) The applicant shall provide transportation demand management
strategies to reduce the impact of the development, as
recommended by the City Manager and City's Traffic Engineering
Consultant, to reduce adverse effects to the overall transportation
network. The applicant shall provide any right of way
improvements appropriate to the subject property.
2. Traffic Mitigation Criteria:
include the following:
• • -
5) Provide on site parking spaces to facilitate a car ride sharing
far-egr-am;
6) Provide bicycles on site for use by guests, visitors, and
residents,
7) Sponsor a city bicycle sharing parking station near the subject
44240897;1 r,
8) Provide on site Mobility Coordinator to coordinate the use of
. . .
mobility options;
may-
44240897;I 6
1 RESOLUTION NO. 2018-01
2
3 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE
4 FLORIDA, EXPRESSING SUPPORT AND ENCOURAGEMENT TO THE CITY
5 OF WESTON AND VARIOUS OTHER MUNICIPALITIES AND MUNICIPAL
6 OFFICERS REGARDING THEIR PENDING LITIGATION SEEKING A
7 DECLARATION THAT THE PROVISIONS SET FORTH IN SECTION 790.33,
s FLORIDA STATUTES, PUNISHING ELECTED OFFICIALS FOR VIOLATING
9 THE PREEMPTION RELATING TO THE REGULATION OF FIREARMS AND
10 AMMUNITION,ARE INVALID.
11
12 WHEREAS, over the past several years there have been an unprecedented number of
13 mess shootings in American communities Including, most recently, at Marjory Stoneman
14 Douglas High School in Parkland, Florida; and
15
16 WHEREAS, In Section 790.33, Florida Statutes, the State of Florida (a) declared that It
17 is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all
18 existing and future county or Village ordinances, regulations, or rules, (b)purports to prohibit the
19 enactment of any future ordinances or regulations "relating to firearms," and (c) also purports to
20 create potential liability for damages for actions other than ordinances and regulations, including
21 any 'measure, directive, rule, enactment, order, or policy promulgated or caused to be
22 enforced"; and
23
24 WHEREAS, the purported preemption, by using the terms"relating to firearms" and"any
25 measure, directive, rule, enactment, order of policy promulgated; Is extremely broad and
26 vague, and could apply to a panoply of measures that the Village might like to consider
27 enacting, Including the restricting of guns in Village facilities and parks, the placing of signs
28 relating to guns in Village facilities and paths, the regulation of gun accessories (such as
29 holsters, high capacity magazines, or bump stocks) or the creating of'gun free zones" or"gun
30 safe zones"; and
31
32 WHEREAS, the potential violation of the broad and vague preemption of firearm
33 regulation in Section 790.33 Florida Statutes, carries the risk of onerous and punitive
34 consequences, Including but not limited to damages up to$100,000 and fines up to$5,000 (for
35 which the official may be personally liable), removal from office by the Governor without due
36 process of law, and a prohibition of the use of public funds to pay or reimburse the official for
37 fines, damages or defense costs (collectively, the'Onerous Preemption Penalties'); and
38
39 WHEREAS, as a result of the Onerous Preemption Penalties, the Village Council and its
40 members fear taking any steps that could even remotely be viewed as a violation of the
41 preemption,creating a chilling effect upon Village action and preventing the Village Council from
42 responding to the petitions and requests of the City's residents to do something to protect
43 against the dangers of firearms; end
44
45 WHEREAS, members of the Village Council may desire to consider various reasonable
46 measures related to firearms but have refrained from doing so because they could possibly be
47 viewed as falling under the preemption and be subjected to the Onerous Preemption Penalties;
48 and
49
Page 1 of 2
1 WHEREAS, the Onerous Preemption Penalties strike at the core of the American
2 system of democratic representation; they suppress the voice of the local electorate through
3 intimidation of local elected officials; and
4
5 WHEREAS, on February 28, 2018, the City of Weston passed Resolution 2018-30,
6 authorizing and directing its Village Attorney to file a lawsuit seeking a declaration that the
7 provisions punishing elected officials set forth In Section 790.33, Florida Statutes, for violating
8 the preemption related to the regulation of firearms and ammunition are invalid ("Lawsuit'), and
9 invited other local governments to join the Lawsuit;
10
11 WHEREAS, on April 2, 2016 the City of Weston,joined by nine other municipalities and
12 various municipal officers thereof, filed their Complaint for Declaratory Relief in the Circuit Court
13 of the Second Judicial Circuit in and for Leon County, Florida.
14
15
16 NOW,THEREFORE, BE IT RESOLVED by the Village Council of Miami Shores Village,
17 Florida as follows:
18
19
20 Section 1. That Miami Shores Village supports and encourages the City of Weston and
21 others seeking to challenge the Onerous Preemption Penalties referenced In the Leon County
22 Circuit Court Action.
23
24 Section 2. The Village Clerk Is directed to distribute this Resolution to all local governments
25 in Miami-Dade County.
26
27 Section 3. That this Resolution shall take effect immediately upon adoption.
28
29
30
31 PASSED AND ADOPTED this 17Th day of April, 2018.
32 ••••
33 Mf�4
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'.,ip�� ' . « •:rn Glinn, Mayor
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41,
P ROVED;AS'1'O FORM:
43 1
44
45 Let se
46 R chard Sandan
47 Village Attorney
Page 2 of 2
Seawalk
COALITION seawallcoalltion.org
The Seawall Coalition is a nonpartisan group of elected officials, cities, military groups,
businesses, and local leaders that have come together to unlock national solutions to sea
level rise and flooding.
Our coasts are vital to our national interests:
18+ 37 125m
low-lying major ports Americans
military bases
What we do
• Unite voices in a powerful nonpartisan coalition to advocate for federal funding
and better policy
• Leverage best-in-class communication tools to engage citizens on sea level rise
challenges and solutions
Share best practices in a national forum to support local and state-level
• responses to sea level rise flooding
Seawall Coalition is a member-driven 501(c)(4) nonprofit organization. There are no costs
nor legal obligations to join, and members are free to withdraw at any point.
Our 4 pillars for solutions to sea level rise and flooding
I Economy Rebuilding
Ark
Invest in infrastructure and natural Build back stronger to protect
solutions that boost the economy communities from future flooding
and protect property values by by taking a clear-eyed view of the
creating dedicated federal funding risk of sea level rise.
and incentives for resilience.
Communities Military
`� Use smart planning to keep Ensure readiness 365 days a year
communities safe and save by giving the military the authority
taxpayer dollars by expanding to assess and address the impact
pre-disaster mitigation programs of sea level rise on-base and in
and adopting resilient standards surrounding communities.
for federal spending.
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seawallcoalition.org
Who we are
The Seawall Coalition is a nonpartisan group of elected officials, military groups, nonprofit
organizations, businesses, and local leaders that have come together to unlock national
solutions to sea level rise and flooding that support coastal and riverfront communities and
protect our nation's residents, economy, and military installations.
Our mission
Protecting our coasts from sea level rise is a national issue that must be met with national
solutions - it is vitally important to our country's citizen well-being, economic strength, and
security. Our coastal communities are the backbone of our country, home to over 125 million
Americans, 37 of the top 50 largest ports in the country, and 18 military installations currently
at risk from sea level rise.
With effective sea level rise planning our coastal communities can adapt and thrive. Investing
in adaptation planning and projects can protect the ports, highways,and runways that drive our
economy, creating jobs and economic opportunities for our local communities. But we must
act now.
The Seawall Coalition advocates for practical national solutions to serve our communities.
We support policies that strengthen our economy, invest in our coastal communities, and
safeguard our national security.
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Elected officials Military leaders
?At— ��- National
solutions
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Businesses Local leaders
Our platform
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0 Invest in infrastructure and natural solutions that
boost the economy and protect property values
The United States is a maritime nation and our national economy relies on our coastal ports,
highways, and other infrastructure that is at risk from sea level rise. We will support states and
communities that are investing to make their infrastructure resilient to sea level rise by
creating a source of dedicated funding and incentives. This could include
adaptation trust funds, revolving loan funds, tax breaks and incentives, and other programs
that help drive investment in planning and infrastructure to prevent flood damage.
These investments help ensure coastal tourism and property values remain strong while also
spurring innovation and creating jobs. Jobs constructing infrastructure will create local em-
ployment opportunities that cannot be outsourced. As our communities adapt to sea level rise
and flooding, we'll also be able to build new businesses and innovation that we can export,
similar to how the Netherlands currently gains about 2% of its GDP through water-related
products and services. With smart investment, America can take a leadership role in creating
sea level rise solutions and bring this innovation to others around the globe.
Policies
► Support communities investing in adaptation through dedicated federal funding and
incentives, which could include adaptation trust funds, revolving loan funds, tax breaks
and incentives, and other funding programs
► Increase innovation grants for research into flood mitigation technology
► Facilitate the exchange of best practices among coastal communities
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0 Use smart planning to keep communities safe
and save taxpayer dollars
History demonstrates that proactive protection pays off. Studies have found that for every$1
spent on pre-disaster mitigation we save $4 in disaster relief, along with untold heartache for
affected communities.Yet the Federal Emergency Management Agency(FEMA)currently spends
only a fraction of 1%of its budget on mitigation, and we have few other federal programs that
incentivize these investments.
We can invest in proactive protection that saves taxpayer money and protects our coastal
communities by hardwiring resilience into federal programs. We support expanding FEMA and
the Department of Housing and Urban Development(HUD) pre-disaster mitigation programs and
incentivizing resilience through the Department of Transportation and other programs. We can
also give communities the flexibility to invest in living shoreline and other natural infrastructure
solutions by making the planning and permitting more efficient. To responsibly steward taxpayer
dollars, we also need one consistent flood-ready standard for all major federal infrastructure
investments so that we're making smart investments in infrastructure that is built to last.
To make smart investments, our local communities, businesses, and homeowners also need
accurate information on flood risk and reliable FEMA flood maps. Currently,15%of the FEMA
flood maps have not been updated since the 1970s or 1980s, and none of the maps include sea
level rise. We need to invest in updating the maps and should make sure they include past and
projected sea level rise so we can plan responsibly.
Policies
► Increase pre-disaster mitigation funding across agencies
► Adopt federal minimum standards for building and apply these standards to all major
federal investments
► Update FEMA flood maps to reflect current data and include sea level rise projections
► Support efficient planning and permitting for living shorelines, including working with
the Army Corps to expand the new living shoreline permit category to incorporate a
broader range of nature-based sea level rise solutions
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0 Build back stronger to protect communities
from future flooding
When disaster strikes and the national government spends billions to rebuild, we need to build
back stronger so our communities can withstand future flooding and do not keep drawing
on taxpayer dollars to rebuild again and again. By creating federal standards for rebuilding
that take a clear-eyed view of future risk, we can keep our citizens safe and prevent wasteful
spending. We can also improve HUD, FEMA, and Small Business Administration (SBA)
programs so that they allow and incentivize rebuilding to higher standards.
Policies
► Create federal resilience standards for rebuilding after hurricanes and flood damage
► Issue guidance from HUD on how the Community Development Block Grant program
can be used to encourage adaptive rebuilding
► Have FEMA authorize modifications and mitigation measures to support adaptation of
damaged facilities with Public Assistance funding
► Promote additional studies that evaluate high-risk areas to identify and authorize
projects that will be ready for immediate federal funding under emergency
congressional authorizations
► Allow the SBA Disaster Loan Program to incentivize resilient construction
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0 Ensure our military installations
are ready to deploy 365 days a year
Many of our military facilities have tidal flooding 50 times per year, and over a dozen of these
installations are on track to face flooding 100 times per year by 2050. This puts our national
security and military readiness at risk. Some installations are already taking action to protect
against sea level rise, but we need coordinated national action to ensure all our military
installations are prepared for the future. We need the Department of Defense (DOD) to
strategically prioritize adaptation plans for our installations and study the effects of sea level
rise on our military readiness. Even when military installations are prepared, flooded roads
leading to them can hinder servicepeople from reaching their installations to conduct their
missions. The military needs more flexibility to invest in projects outside our installations to
make sure servicepeople can deploy quickly to keep our country safe.
Policies
► Give the DOD the needed authority to assess the impact of sea level rise and flooding
on our military installations, create adaptation plans, and commence critical projects to
protect our installations and maintain readiness
► Allow military services the authority to access their mission and operational funds to
address sea level rise and flooding issues that directly affect their mission (e.g. roads
onto installations, power grids)
Member benefits
A strong platform to advocate as part of
a nonpartisan group for national solutions
'► to sea level rise and flooding that invest in
and protect our coastal communities
A forum for best practices and support
in developing local and state-level
responses to sea level rise flooding
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0 Opportunities and tools to communicate
with residents on sea level rise challenges
and solutions, including media
opportunities if you're interested
Learn more at seawallcoalition.org
Seawallh
COALITION Members
Congress
(1) Rep.Carlos * Rep.Brian Mast Rep.Garret Graves Rep.Donald
Curbelo(R,FL-26) (R,FL-18) el (R,LA-6) McEachin
�i tJ 4 .i (D,VA-4)
Rep.Seth Moulton 1, Rep.Jimmy Panetta Rep.Mark Sanfordupt Rep.Scott Taylor
(D,MA-6) (D,CA-20) (R,SC-1) (R,VA-2)
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Florida
Jim Cason, Tomas Regalado, Commissioner Coral Gables,
Vat Mayor of Coral Gables Mayor of Miami Ken Russell,Miami (.,\i t.r' Florida
' (2011-2017) r. (2009-2017)
0111' Beach, Ft.Lauderdale, St.Petersburg, / , Surfside,
, ° `s Florida Floridaworld
Florida Florida
4.1Y 6�
•' Sunny Isles Pompano Beach, Mel Meinhardt
'(..a! Beach,Florida rTme= Florida ..i- Founder.
73 Imre'• "' Flood Shield
Virginia
Q John F.Reinhart, Iiilit Hampton Roads Virginia Maritime State Del.
CEO,Virginia Military and VIRGINIA Association Robert Bloxom
MARRIME
Z ) Port Authority 4111115 Federal Facilities -- • (R,VA-100)
Alliance
State Del. Sherri Goodman,Fmr.
i State Del. State Del.
Emily Brewer Deputy Undersecretary Gordon Helsel Mark Keam
1111
(R,VA-64) of Defense (R,VA-91) (D,VA-35)
Oh State Sen. State Del. State Sen. State Sen.
Monty Mason Jason Miyares (111)
Lynwood Lewis Mamie Locke
(D,VA 1) (R,VA-82) (D,VA-6) (D,VA-2)
(j)
State Del. State Del. State Sen.Frank Col.Paul Olsen,Fmr.
Chris Stolle el' Ron Villanueva Wagner(R,VA-7) Cmdr.,Norfolk Dist.,
rall
(R,VA-83) ti (R,VA-21; I yj USAGE(Ret.)
2010-2018)
Rear Adm.David
(91
Architzel(Ret.),
‘,,,/ Norfolk MEDAC
South Carolina
Groundswell! Councilmember
Charleston,SC Mike Seekings
(D.SC-18)
i
AN ORDINANCE OF THE CITY COMMISSION OF XXXX PROVIDING FOR THE CITY
OF XXXXXX TO BECOME A MEMBER OF THE SEAWALL COALITION
WHEREAS, flooding during king tides is already a costly nuisance and a problem that if
unaddressed will grow worse as sea levels continue to rise, and
WHEREAS, sea level rise has risen 8 inches since 1950 and its speed has increased
threefold in recent years, with scientific projections forecasting another 8 inches of sea level rise
in the next 20 years, and
WHEREAS, sea level rise of just 4 inches in the last 10 years has increased flooding
state-wide by 400%, and
WHEREAS, sea level rise poses a unique threat to all Florida given the limestone
bedrock beneath much of the state which allows rising sea water to infiltrate sewage systems
and threaten groundwater supplies via salt water intrusion, and
WHEREAS, proactively investing to prevent flooding is a wiser use of resources than
spending on flooding recovery, as exemplified by FEMA research showing that $1 of spent on
disaster prevention saves $4 in recovery costs, and
WHEREAS, national coordination and support are necessary for coastal towns to fully
address the challenge of sea level rise and flooding, and the Seawall Coalition provides a
platform advocating for national solutions to sea level rise and flooding that invest in and protect
our coastal communities, and
WHEREAS, the Seawall Coalition is a forum for best practices and support in developing
local and state-level responses to sea level rise and flooding that will enhance the City's sea
level rise effort, and
WHEREAS, sea level rise and flooding are important issues that our residents deserve
to understand and the Seawall Coalition provides opportunities and tools to communicate with
residents on sea level rise challenges and solutions, and
WHEREAS,joining the Seawall Coalition will aid the City's efforts to protect against
flooding without requiring any financial support or dues from the City Commission, and
WHEREAS, [reference existing flood prevention and sea level rise work done by the city]
WHEREAS, the City Commission finds that joining the Seawall Coalition will promote the
welfare of City residents and ensure the prosperity of the City economy by accelerating
solutions to sea level rise and flooding, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF XXXXXX:
The City of XXXX recognizes the need to advance national solutions to sea level rise
and flooding and will work as a member of the Seawall Coalition to safeguard the welfare of the
City's residents.