HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: Honorable Mayor and Members of the City Commission ____ s-
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FROM ria Mendez, City Attorney --4
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DATE: July 20, 2020 cp
RE: July 23, 2020, Virtual Commission Meeting Agenda — Substitution of IZE.16-
Recommendations to the United States Army Corps of Engineers' Back Bay
Study Draft Report
File No. 7661
Item RE.16 on the July 23, 2020 City Commission Agenda is being
substituted in order to better articulate the City's position on the United States
Army Corps of Engineers' Back Bay Study Draft Report by:
1. Changing references from "surge gates" to "surge barriers";
2. Clarifying that floodwalls are adjacent to surge barriers;
3. Modifying a request related to the City's Baywalk system to request the ability to
construct the Baywalk along new floodwalls at the water's edge;
4. Specifying the City's preference for the use of private property as opposed to
State sovereign submerged lands for any pumps associated with surge barriers;
5. Modifying the request related to bayfront views to request that any impact be
minimized;
6. Modifying the request related to corals and seagrasses to ask that environmental
impacts be fully mitigated;
7. Request reconstruction of the Brickell Key Bridge to ensure residents of Brickell
Key retain access to/from the island when any surge barrier or gate is closed;
8. Eliminate the request that the Army Corps of Engineers "Provid[e] that any filled
land between current seawalls and any new flood walls provide for the ability to
plant native plant species to mitigate storm surge and wind," as it may impact the
City's ability to elevate land and build a Baywalk at a future date;
9. Clarifying that natural solutions such as mangroves are requested to mask hard
infrastructure;
10. Requesting that floodwalls and other infrastructure allow for a Baywalk to be
built upon them and that such a request be the City's locally preferred plan;
11. Requesting that any work avoid impacting stormwater outfalls and associated
infrastructure; and
12. Ask that public access be accounted for.
7(I Su 6511 -NI) or) Miio -AroAllorney
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VMBLM/DSG
City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7661 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO PROVIDE THE CITY OF MIAMI'S ("CITY'S") REQUESTS AND
RECOMMENDATIONS GIVEN AT THE JULY 9, 2020 AND JULY 23, 2020 CITY
COMMISSION MEETINGS AS COMMENTS TO THE UNITED STATES ARMY
CORPS OF ENGINEERS' ("ARMY CORPS") MIAMI-DADE BACK BAY
COASTAL STORM RISK MANAGEMENT DRAFT INTEGRATED FEASIBILITY
REPORT AND PROGRAMMATIC ENVIRONMENTAL IMPACT STATEINL
AS PART OF THE ARMY CORPS' MIAMI-DADE BACK BAY COASTAL $T(AM
RISK MANAGEMENT FEASIBILITY STUDY, AS WELL AS ANY rr t C
RECOMMENDATIONS, COMMENTS, OR CONCERNS FORMULATELY niE n
CITY ADMINISTRATION. o
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SPONSOR(S): Commissioner Ken Russell 3 m
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WHEREAS, the United States Army Corps of Engineers ("Army Corps") has inv4d
comment for its "Miami -Dade Back Bay Coastal Storm Risk Management Draft Integrates "
Feasibility Report and Programmatic Environmental Impact Statement" ("Draft Report") as part
of the Army Corps' "Miami -Dade Back Bay Coastal Storm Risk Management Feasibility Study"
("Back Bay Study"); and
WHEREAS, the Draft Report contemplates a variety of improvements to "address
coastal storm surge and flood risk to vulnerable populations, property, ecosystems, and
infrastructure along the coast" of Miami -Dade County from Cutler Bay to Miami Shores and
including the coastal portion of the City of Miami ("City"); and
WHEREAS, the Draft Report contemplates moveable storm surge barriers at the mouth
of the Miami River and in the Little River at its intersection of Biscayne Boulevard; and
WHEREAS, the Draft Report further contemplates a series of floodwalls adjacent to
storm surge barriers in order to avoid overland flooding from storm surge; and
WHEREAS, on July 9, 2020, the Army Corps presented the Draft Report and its findings
to the City Commission; and
WHEREAS, the City Commission offered comments and concerns as to the Draft
Report's recommendations causing negative impacts on the City's coastal neighborhoods,
including to the City's Baywalk system; and
WHEREAS, the City has been planning and completing the Baywalk as an active
recreational space but also as a measure to mitigate storm surge and sea level rise as well as
to assist with absorbing stormwater; and
WHEREAS, the Army Corps' representative indicated that such comments are not
automatically incorporated into the official comments on the Draft Report; and
City of Miami Page 1 of 2 File ID: 7661 (Revision:) Printed On: 712002020
File ID: 7661 Enactment Number:
WHEREAS, the City Commission wishes to formalize its concerns and
recommendations related to the Back Bay Study, which include:
1. Potential to construct the City's Baywalk system along the new floodwalls at
the water's edge;
2. A preference for using private land over State sovereign submerged land for
any pumps associated with storm surge barriers;
3. Minimize impacts to bayfront views within the City;
4. Reconstruction of the Brickell Key Bridge to allow residents to retain access
to/from Brickell Key when any surge barrier or gate is closed;
5. Fully mitigate negative impacts to environmental resources, including silting
of underwater corals and grasses during construction;
6. Requiring any wall north of the Miami River to be east of the City's parks and
museums to be consistent with the alignment in Brickell which is coterminous
with the current shoreline;
7. Provide natural solutions (such as planting of mangroves) in connection with
hard infrastructure to mask appearance of the same;
8. Requiring that the Army Corps work in conjunction with the City to design
floodwalls and other infrastructure in a manner that would allow for
construction of the city's Baywalk system adjacent to the water's edge with
such features being considered the City's locally preferred plan.
9. Avoid impacting stormwater ouffalls and associated infrastructure; -ands,
10. Account for access to the water by the general public.
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WHEREAS, August 19, 2020 is the deadline to offer comments on the DrafRepoan
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WHEREAS, in addition to the City Commission's concerns, the City Committion wishej
to allow the City's Administration with subject matter expertise to add any other peOitnt:=.
comments on the Draft Report and Back Bay Study; -
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY c
MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is directed to provide the City Commission's requests and
recommendations given at the July 9, 2020 and July 23, 2020 City Commission meetings as
comments to the Army Corps' Draft Report for the Back Bay Study as well as any
recommendations, comments, or concerns formulated by the City's Administration.
Section 3. The Resolution shall become effective immediately upon its adoption.
City of Miami Page 2 of 2 File ID: 7661 (Revision:) Printed on: 7/20/2020