Resolution 2019-30683RESOLUTION NO.
2019 -30683
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, EXPANDING THE SCOPE OF THE CITY'S
STORMWATER MANAGEMENT POLICY, AS CONTAINED IN CITY
RESOLUTION NO. 2017 - 09840, BY COMMITTING TO THE DESIGN AND
IMPLEMENTATION OF A STORMWATER SYSTEM WITH SUFFICIENT
CAPACITY, AND UTILIZING INTEGRATED WATER MANAGEMENT
TECHNIQUES, TO REDUCE THE RISK OF FLOODING TO BOTH PUBLIC
AND PRIVATE PROPERTY CAUSED BY STORMWATER RUNOFF IN
THE CITY, AND DIRECTING THE CITY ADMINISTRATION TO DEVELOP
A POLICY AND ENGINEERING SOLUTION FOR RESIDENTIAL
PROPERTY OWNERS UTILIZING THE CITY'S STORMWATER SYSTEM.
WHEREAS, on April 27, 2017, the Mayor and City Commission adopted the
City's Stormwater Management Policy, as set forth in, Resolution No. 2017- 09840, a
copy of which is attached hereto as Exhibit A; and
WHEREAS, Resolution No. 2017 -09840 reaffirmed the City's commitment to the
design and implementation of a stormwater system which can mitigate the risk of
flooding on both public and private property caused by stormwater runoff; and
WHEREAS, the City desires to expand upon the intent of Resolution No. 2017-
09840, to ensure that the City's 2011 Stormwater Management Master Plan (which was
adopted by the City Commission on November 14, 2012, via Resolution No. 2012-
28068), adhering to the requirements of Section 403.031 of the Florida Statutes, takes
into consideration all integrated water management techniques in order to reduce the
risk of flooding on both public and private property due to stormwater runoff; and
WHEREAS, the City stormwater policy requires property owners to construct on-
site stormwater management systems to mitigate their stormwater volume; and
WHEREAS, however, certain properties place additional demand on the City's
stormwater management system because they are (1) older properties that did not have
the current, more stringent, stormwater regulation requirements at the time of
construction; (2) properties that were previously redeveloped and increase the
impervious area of a property without the associated stormwater improvements; and (3)
properties that are improperly connected to the City's stormwater management system;
and
WHEREAS, the City is updating its stormwater management system in order to
provide the capacity to allow residential property owners to voluntarily participate in the
City's program, and to reduce the risk of flooding caused by a residential property
owner's stormwater that cannot be maintained on site; and
WHEREAS, the City's Stormwater Management Master Plan takes into account
climate change and estimates of projected sea level rise over the next 30 years and, as
a result, for all new projects, a maximum tidal elevation of 2.7 feet NAVD88 (based upon
the South Florida Climate Change Compact projection) is being used for stormwater
design purposes, and an elevation of 5.7 feet NAVD (a vertical control datum
established in 1988 used to define elevations) is being used as a minimum for public
seawall elevations; and
WHEREAS, to meet the needs of the City, the City is investing over $600 million in
various infrastructure improvements, which improvements will need to be made over an
estimated span of 10 years; and
WHEREAS, such infrastructure improvements include installing larger, newer pipes
and pump stations, and raising roads to ensure that the roads do not flood in the future
for a rainfall event of 8.75 inches in 24 hours; and
WHEREAS, on October 17, 2018, the Mayor and City Commission accepted the
Urban Land Institute Advisory Services Panel Report that stated, among many things,
that the City should "[ i]mpeement blue and green infrastructure to advance a more
integrated and holistic approach to living with water," and advised that "green and blue
infrastructure are approaches to water management that incorporate natural processes
to manage and treat water "; and
WHEREAS, consistent with the City's Stormwater Master Plan, (and based upon the
parameters of 8.75 inches of rainfall in 24 hours), the Mayor and City Commission deem
it in the best interest of the City and its residents:
1. To design and implement an integrated water management
system with sufficient capacity to reduce the risk of flooding caused by
both public rights -of -way and residential property stormwater runoff;
2. To develop a policy and engineering solution for existing
residential property owners within the City's municipal stormwater system
that have a finished floor elevation that are below the future crown of
road;
3. To design and install, during the implementation of neighborhood
improvement harmonization projects, a drainage inlet for existing
residential properties with a finished floor elevation below the future
crown of road, at an elevation to cause the first 1.5 inches of rainfall to be
retained on the property for pollution control and to preserve fresh
groundwater, provided that said residential property does not have
seawalls at elevations that allow tidal waters to enter the system;
4. That the City not shed stormwater from public property or rights -
of-way on to private property;
5. That the City's stormwater model for "maximum flood stage" (the
highest designed flood elevation) be maintained or improved to ensure
that the habitable space of homeowners who have relied on gravitational
flow of their stormwater into the municipal stormwater system not, be
subject to additional flooding;
6. That the City coordinate a stormwater system that would have the
capacity to allow existing residential property owners to connect to the
Exhibit A
RESOLUTION NO.
201749840
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING A
COMMITMENT TO THE DESIGN AND IMPLEMENTATION OF A
STORMWATER SYSTEM WITH SUFFICIENT CAPACITY TO
HANDLE BOTH PUBLIC AND PRIVATE STORMWATER RUNOFF
IN THE CITY AND DIRECTING THE CITY ADMINISTRATION TO
DEVELOP A POLICY AND ENGINEERING SOLUTION FOR
PRIVATE PROPERTY OWNERS WITHIN THE CITY'S MUNICIPAL
STORMWATER SYSTEM.
WHEREAS, pursuant to Section 403.031 of the Florida Statutes, a stormwater
management program is the City's institutional, strategy for stormwater management,
including urban, and other stormwater; and
WHEREAS, the City created its stormwater management system, which system is
designed and constructed or to be implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage,
environmental degradation and water pollution (or otherwise affect the quantity and quality
of discharges from the system); and
WHEREAS, the City's Stormwater Utility created in 1996 is the funding mechanism
for the design, construction, and maintenance of the stormwater management program by
assessing the costs of the program to the beneficiaries based on their relative contribution
to the system's needs; and
WHEREAS, the City stormwater policy requires property owners to construct on-site
stormwater management systems to handle their stormwater volume, however, certain
properties place additional demand on the City's stormwater management system because
they are (1) older properties that did not have the same requirements at time of
construction, (2) properties that partially redevelop and increase the impervious area of a
property without the associated stormwater improvements; and (3) properties that are
illegally connected to the public stormwater management system; and
WHEREAS, the City is updating its stormwater management system in order to
provide the capacity to allow property owners to voluntarily participate in the City's program
and to handle the property owners' stormwater that cannot be maintained on site; and
WHEREAS, the City's Stormwater Management Master Plan (SWMMP) takes into
account climate change and estimates of projected sea level rise over the next 30 years and,
as a result, for all new projects, a sea level elevation of 2.7 feet NAVD88 (based upon the
South Florida Climate Change Compact projection) is being used for stormwater design
purposes and an elevation of 5.7 feet NAVD88 (a vertical control datum established in 1991
used to define elevations) is being used as a minimum for public seawall elevations; and
City's stormwater system, after retaining the first 1.5 inches of rainfall on
the residential property;
7. To encourage and create a reward system for homeowners to
retain their stormwater on site; and
8. That the City's Stormwater Master Plan, as contained Chapter
110 of the City Code, entitled "Utilities," at Article III thereof, entitled
"Stormwater Utility," be updated to provide for cost recovery.
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 expand the scope of the City's Stormwater Management Policy, as
delineated in City Resolution No. 2017 - 09840, by committing to the design and implementation
of a stormwater system with sufficient capacity, and utilizing integrated water management
techniques, to reduce the risk of flooding to both public and private property caused by
stormwater runoff in the City, and direct the City Administration to develop a policy and
engineering solution for residential property owners utilizing the City's stormwater system, as set
forth in this Resolution, including, without limitation, Whereas clause 11 above, numbers 1 -8
therein.
PASSED and ADOPTED this 16 "' day of January, 2019.
ATTEST:
Rafael E. Granado, City C'erk
(Sponsor: Commissioner John Elizabeth Aleman)
;„°
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
MIAMI BEACH
Resolutions - R7 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 16, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, EXPANDING THE SCOPE OF THE CITY'S
STORMWATER MANAGEMENT POLICY, AS CONTAINED IN CITY
RESOLUTION NO. 2017- 09840, BY COMMITTING TO THE DESIGN AND
IMPLEMENTATION OF A STORMWATER SYSTEM WITH SUFFICIENT
CAPACITY, AND UTILIZING INTEGRATED WATER MANAGEMENT
TECHNIQUES, TO REDUCE THE RISK OF FLOODING TO BOTH PUBLIC
AND PRIVATE PROPERTY CAUSED BY STORMWATER RUNOFF IN THE
CITY, AND DIRECTING THE CITY ADMINISTRATION TO DEVELOP A
POLICY AND ENGINEERING SOLUTION FOR RESIDENTIAL PROPERTY
OWNERS UTILIZING THE CITY'S STORMWATER SYSTEM.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
Attached is a Resolution submitted for consideration by the Mayor and City Commission.
On April 27, 2017, the Mayor and City Commission adopted Resolution No. 2017 - 09840,
relating to reaffirming the City's commitment to the design and implementation of a stormwater
system to mitigate the risk of flooding on private property caused by stormwater runoff. At that
time, the City was interested in reaffirming its 2011 Stormwater Management Master Plan
(adopted by the City Commission on November 14, 2012, via Resolution No. 2012- 28068), and
endeavoring to protect residential properties from stormwater runoff.
This Resolution seeks to expand upon the intent of Resolution No. 2017- 09840, to ensure that
the City takes into consideration all integrated water management techniques in order to reduce
the risk of flooding on both public and private property due to stormwater runoff.
On October 17, 2018, the Mayor and City Commission accepted the Urban Land Institute
Advisory Services Panel Report that stated, among many things, that the City should
"[i]mplement blue and green infrastructure to advance a more integrated and holistic approach to
living with water," and advised that "green and blue infrastructure are approaches to water
management that incorporate natural processes to manage and treat water". This Resolution is
Page 1066 of 1648
consistent with and promotes the Urban Land Institute's recommendation.
The attached Resolution recognizes, consistent with the City of Miami Beach Stormwater
Master Plan, and based upon the parameters of 8.75 inches of rainfall in 24 hours, that it is in
the best interest of the City and its residents:
1. To design and implement an integrated water management system with sufficient capacity to
reduce the risk of flooding caused by both public rights -of -way and residential property
stormwater runoff;
2. To develop a policy and engineering solution for existing residential properties within the
City's municipal stormwater system that have a finished floor elevation that are below the future
crown of road;
3. To design and install, during the implementation of neighborhood improvement harmonization
projects, a drainage inlet for existing residential properties with a finished floor elevation below
the future crown of road, at an elevation to cause the first 1.5 inches of rainfall to be retained on
the property for pollution control and to preserve fresh groundwater, provided that said
residential property does not have seawalls at elevations that allow tidal waters to enter the
system;
4. That the City not shed stormwater from public property or rights -of -way on to private property;
5. That the City's stormwater model for "maximum flood stage" (the highest designed flood
elevation) be maintained or improved to ensure that the habitable space of homeowners who
have relied on gravitational flow of their stormwater into the municipal stormwater system, not be
subject to additional flooding;
6. That the City coordinate a stormwater system that would have the capacity to allow existing
residential property owners to connect to the City's stormwater system, after retaining the first
1.5 inches of rainfall on the residential property;
7. To encourage and create a reward system for homeowners to retain their stormwater on site;
and
8. That the City's Stormwater Master Plan contained in Chapter 110 of the City Code, entitled
"Utilities," at Article III thereof, entitled "Stormwater Utility," be updated to provide for cost
recovery.
Should you have any questions or concerns please contact Cilia Maria Ruiz -Paz at 305-673 -
7030 at extension 6437.
Legislative Tracking
Public Works
Sponsor
Commissioner Aleman
ATTACHMENTS:
Description
o Final Reso
Page 1067 of 1648
Exhibit A
RESOLUTION NO.
2017 - 29840.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING A
COMMITMENT TO THE DESIGN AND IMPLEMENTATION OF A
STORMWATER SYSTEM WITH SUFFICIENT CAPACITY TO
HANDLE BOTH PUBLIC AND PRIVATE STORMWATER RUNOFF
IN THE CITY AND DIRECTING THE CITY ADMINISTRATION TO
DEVELOP A POLICY AND ENGINEERING SOLUTION FOR
PRIVATE PROPERTY OWNERS WITHIN THE CITY'S MUNICIPAL
STORMWATER SYSTEM.
WHEREAS, pursuant to Section 403.031 of the Florida Statutes, a stormwater
management program is the City's institutional, strategy for stormwater management,
including urban, and other stormwater; and
WHEREAS, the City created Its stormwater management system, which system is •
designed and constructed or to be implemented to control discharges which are
necessitated by rainfall events, incorporating methods to collect, convey, store, absorb,
inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage,
environmental degradation and water pollution (or otherwise affect the quantity and quality
of discharges from the system); and
WHEREAS, the City's Stormwater Utility created In 1996 is the funding mechanism
for the design, construction, and maintenance of .the stormwater management program by
assessing the costs of the program to the beneficiaries based on their relative contribution
to the system's needs; and
WHEREAS, the City stormwater policy requires property owners to construct on -site
stormwater management systems to handle their stormwater volume, however, certain
properties place additional demand on the 'City's stormwater management system because
they are (1) older properties that. did not have the same requirements at time of
construction, (2) properties that partially redevelop and increase the impervious area of a
property without the associated stormwater improvements; and (3) properties. that are
illegally connected to the public stormwater management system; and
WHEREAS, the City is updating its stormwater management system in order to
provide the capacity to allow property owners to voluntarily participate in the City's program
and to handle the property owners' stormwater that cannot be maintained on site; and
WHEREAS, the City's Stormwater Management Master Plan (SWMMP) takes Into
account climate change and estimates of projected sea level rise over the next 30 years and,
as a result, for all new projects, a sea level elevation of 2.7 feet NAVD88 (based upon the
South Florida Climate Change Compact projection) is being used for stormwater design
purposes and an elevation of 5.7 feet NAVD88 (a vertical control datum established in 1991
used to define elevations) is being used as a minimum for public seawall elevations; and
Page 1071 of 1648
WHEREAS, to meet the needs of the City, the City Es Investing over $400 million in various
infrastructure improvements,. which improvements ,will need to be made over an estimated
span of 10 years; and
WHEREAS, such infrastructure improvements include installing larger, newer pipes and
pump stations, and raising roads to ensure that the roads do not flood in the future for a 5 -year
rainfall event; and
WHEREAS, based upon the parameters of a 5 -year design storm event (7.5 inohes of
rainfall in 24 hours), the Mayor and City Commission deem it in the best interest of the City and
its residents:
1. To design and implement a stormwater system with sufficient capacity to
handle both public and private stormwater runoff;
2. To develop a policy and engineering solution for private property owners within
the City's municipal stormwater system;
3. That the City not shed stormwater from public property or rights-of -way onto
private property;
4. That the City not penalize homeowners who have relied on gravitational flow
of their stormwater into the municipal stormwater system' in the past;
5, That the City coordinate a stormwater system that would have the capacity to
allow private property owners to connect to the system;
6. To work on a methodology for rewarding and encouraging homeowners to
retain their own stormwater on site; and
7. That the City update Chapter 110 of the City Code relating to the stormwater
management fees to ensure proper capitalization of the program through cost
recovery.
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 reaffirm their commitment to the design and implementation of a
stormwater system with sufficient capacity to handle both public and private stormwater
runoff in the City and direct the City Administration to develop a policy and engineering
solution for private property owners within the City's municipal stormwater system
consistent with the interests_ of the City and its residents as set forth. in this Resolution.
PASSED and ADOPTED this , , day of April, 2017.
ATTEST;
rb
Rafael Grans o, City Clerk
APPROVED AS TO
FORM & LANGUAGE
FOR RXSCUTION
City Attorney Date~
FAATMEOUEIRESOS \Stonnwater Resolution 2
Page 1072 of 1648