HomeMy WebLinkAboutR-02-0798J-02-577
6/6/02
RESOLUTION NO. 02— ( ry
9 8
A RESOLUTION OF THE MIAMI CITY COMMISSION
WITH ATTACHMENTS, ADOPTING A POLICY RELATING
TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR
THE PROCESSING OF PURCHASE AND SALE
AGREEMENTS RELATED TO PROPERTIES PURCHASED
THROUGH THE LAND ASSEMBLY PHASE OF THE MODEL
CITY HOMEOWNERSHIP PILOT PROJECT.
WHEREAS, the City Commission adopted the Five Year
Consolidated Plan in the summer of 1999 that identified
comprehensive revitalization initiatives to be undertaken in the
most depressed neighborhoods in the City of Miami; and
WHEREAS, the Five Year Consolidated Plan identified
Community Revitalization Districts to target comprehensive
revitalization projects focusing on homeownership opportunities
and redevelopment of commercial corridors; and
WHEREAS, the revitalization projects will require the City
to aggressively purchase real property for the revitalization of
City neighborhoods; and
WHEREAS, the Model City Homeownership Pilot Project is the
first revitalization to be undertaken; and
A T TAC if M T (s
CONTAINED
CITY CONWSSION
METING OR
R"Olution No.
02-
79g
WHEREAS, the administration has aggressively implemented
the land assembly phase of the Model City Homeownership Pilot
Project; and
WHEREAS, the City Attorney expressed a concern that the
Purchase and Sale Agreement released the seller from providing
the City with certain warranties or representations pertaining
to environmental assessments for each property prior to
execution of the contract for the purchase of properties
acquired in the Model City Homeownership Zone; and
WHEREAS, in July 2001, Evans Environmental & Geosciences
(EE&G) conducted a Preliminary Phase I Environmental Site
Assessment and Inventory Findings for potential Brownfields
sites in the Model City neighborhood; and
WHEREAS, as a result of the study, the Department of
Community Development identified certain properties in the Model
City Homeownership Zone Project area that may or will require
environmental remediation to carryout the various housing,
economic development and other revitalization activities planned
in the Model City Homeownership Pilot Project area; and
WHEREAS, the City Manager approved a policy affirming that
an environmental assessment of each individual property slated
for acquisition in the project area would not be conducted and
recognized that it would be necessary for the City to acquire
properties that may be contaminated to ensure that redevelopment
Page 2 of 5 02— 798
and revitalization activities in the Model City Community
Revitalization District become a reality and the City Commission
ratified such action pursuant to Resolution No. 02-332; and
WHEREAS, it was determined that the Preliminary Phase I
Environmental Site Assessment and Inventory Findings for
potential Brownfields sites in
the Model City
neighborhood
met
the environmental assessment
required for the
acquisition
of
properties; and
WHEREAS, the City Commission wishes to approve the
Environmental Assessment Policy as attached that was adopted in
principle by Resolution No. 02-600 on May 23, 2002;
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.
Section 2. The City Commission approves and the
environmental assessment policy, attached and incorporated,
Page 3 of 5
®- 798
required for the processing of Purchase and Sale Agreements for
properties acquired through the land assembly phase of the Model
City Homeownership Pilot Project, finding the action
advantageous and practicable, is adopted.
Section 3. The policy affirms that an environmental
assessment of each individual property slated for acquisition in
the project area will not be conducted. Furthermore, the policy
recognizes that it will be necessary for the City to acquire
properties that may be contaminated to ensure that redevelopment
and revitalization activities in the Model City Community
Revitalization District transpire and the Preliminary Phase I
Environmental Site Assessment and Inventory Findings for
potential Brownfields sites in the Model City neighborhood meets
the environmental assessment requirement for the acquisition of
properties.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor. 1I
1� If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
Page 4 of 5 02— 798
PASSED AND ADOPTED this 9th
ATTEST:
PRISCILLA A. THOM SON
CITY CLERK
APPRO .W0 AS FORM Al RRECTNESS :(t
&EFAWDRI@"'TI LARELLO
C ATTORNEY
W6294:tr:MJC
Page 5 of 5
day of July , 2002.
CITY OF MIAMI, FLORIDA
P0if'&V6FFICE MEMORANDUM
TO: Carlos A. Gimenezr= i . G � t_ r; ;
City Manager CITY
a
FROM
GwendolY n C. Warren, Director,I REFERENCES
Department of Community ENCLOSURES:
DATE
SUBJECT
December 20, 2001 FILE:
Model City Homeownership
Zone Project
Land Acquisition Policy for
Environmental Assessments
Pursuant to counsel provided by the City Attorney relating to the acquisition of land for
the Model City Homeownership Project, it is recommended that you approve the
following policy relating to the processing of the Purchase and Sale Agreements for the
Project.
The City Attorney expressed his concern that the Purchase and Sale Agreement released
in the seller from providing the City with certain warranties or representations pertaining
to environmental assessments for each property prior to execution of the contract.
However, in July 2001, a Preliminary Phase I Environmental Site Assessment and
Inventory Findings for potential Brownfields sites in the Model City neighborhood was
conducted by the firm of Evans Environmental & Geosciences (E E & G). This firm was
retained by the City to conduct a preliminary investigation of current and historical
potential environmental concerns/problem locations in the area bounded by Northwest
54th and 62°d Streets between Northwest 12`h and 17th Avenues.
As a result of the study, the Department of Community Development has identified
certain properties in the Model City Homeownership Zone Project area that may or will
require environmental remediation to carryout the various housing economic
development and other revitalization activities planned in the Project area. It is clear that
the private disinvestment and neighborhood deterioration that has occurred in the project
area over the past forty (40) years will require governmental intervention and
involvement to successfully implement the revitalization of the project area.
The proposed policy affirms that an environmental assessment of each individual
property slated for acquisition in the project area will not be conducted. Furthermore, it
is recognized that it will be necessary for the City to acquire properties that may be
contaminated to ensure that redevelopment activities and revitalization of the Model City
Community Revitalization District becomes a reality. The Preliminary Phase I
Environmental Site Assessment and Inventory Findings for potential Brownfields sites in
the Model City neighborhood will meet the environmental assessment requisite for the
acquisition of properties.
02- 798
In addition, it should be noted that the City will apply for and seek all available local,
state and federal financial resources to mitigate any properties with environmental issues
that have been acquired during the land assembly phase of the project.
In an effort to expedite the closing for the purchase of properties currently in process, it is
requested that you approve the policy detailed above. Upon your approval, the
Department of Community Development will prepare legislation for City Commission
ratification of this policy on the next available City Commission Agenda.
DB/GCWIDF
ApproN
U2- 798