The URL can be used to link to this page

Home My WebLink AboutR-98-0242J-98-262 3/l/98 RESOLUTION NO. 2 4 2 A RESOLUTION, WITH ATTACHMENT, DESIGNATING A BROWNFIELDS AREA IN THE CITY OF MIAMI, FLORIDA, TO INCLUDE THE WYNWOOD BROWNFIELDS PILOT PROJECT AND CERTAIN AREAS WITHIN OVERTOWN AND ALLAPATTAH, FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION, REHABILITATION AND ECONOMIC DEVELOPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION. WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as Sections 376.77-376.84, Florida Statutes, for the designation by resolution of certain contiguous areas consisting of one or more Brownfields sites as `Brownfields Areas", and for the corresponding provision of environmental remediation, rehabilitation and economic development for such areas; and WHEREAS, the City of Miami wishes to notify the Florida Department of Environmental Protection of its decision to designate a Brownfields Area for remediation, rehabilitation and economic development for the purposes set forth in Sections 376.77-376.84, Florida Statutes; and WHEREAS, the City of Miami has previously designated a Brownfields Pilot Project pursuant to the Environmental Protection Agency Brownfields initiative, the delineation of which is to be included in the area proposed for designation under Sections 376.77-376.84; Florida Statutes, and ATTACHMENT (S) CONTAINED, CITY COS MEETING OF MAR 10 1998 Resolution No. 98- 242 WHEREAS, the City of Miami has additionally considered the criteria set forth in Section 376.80(2)(a)1-4, Florida Statutes, namely: (i) whether the proposed Brownfields Area warrants economic development and has a reasonable potential for such activities, (ii) whether the Brownfields Area represents a reasonably focused approach and is not overly large in geographic coverage, (iii) whether the Brownfields Area has potential to interest the private sector in participating in remediation, rehabilitation and economic development, and (iv) whether the Brownfields Area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes; and WHEREAS, the designated Brownfields Area expands from the EPA -designated Brownfields Pilot Project in Wynwood to include parts of Overtown and Allapattah; and WHEREAS, the procedures set forth in Section 166.041, Florida Statutes, have been followed, and proper notice has been provided in accordance with Sections 376.80(1) and 166.041(3)(c)2, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 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 area depicted on "Exhibit A", attached hereto and incorporated herein by reference, is hereby designated as a Brownfields Area for environmental remediation, rehabilitation and economic development for the purposes as set forth in Sections 376.77-376.84, Florida Statutes, under the following terms and conditions: a. The City of Miami shall be the entity responsible for the Brownfields Area site remediation and rehabilitation pursuant to Section 376.80(3), Florida Statutes. -2- 98- 242 However, such designation shall not render the City of Miami liable for costs of site remediation, rehabilitation, and economic development or source removal, as those terms are defined in Sections 376.77-376.84, Florida Statutes. b. Such designation shall not render the City of Miami liable for costs of site remediation, rehabilitation and economic development or source removal, as those terms are defined in Section 376.79(14) and (15), Florida Statutes, or for any other costs, above and beyond those costs attributable to the City of Miami's role as administrator of a Brownfields Area site remediation and rehabilitation program and as a property owner within the designated Brownfields Area. Section 3. The City Manager is hereby authorized to notify the Florida Department of Environmental Protection of the City of Miami's decision to designate a Brownfields Area for remediation, rehabilitation and economic development for the purposes set forth in Sections 376.77-376.84, Florida Statutes. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of March , 1998. XAVIER L. SUAREZ, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation novi becomes effective with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayorrcoirrg,ayeto. /-1, j ATTEST: WALTER J. FOEMAN CITY CLERK Wa r J. F ubDeCity Clerk -3- 98- 242 PREPARED AND APPROVED BY: LINDA KELLY ARSO ASSISTANT CITY ATT RNEY LKK/pb/W2327 APPROVED AS TO FORM AND CORRECTNESS: ��Jz t 411 kw JLERIM EDWARD M LL CITY AT ORNEY 98- 242 Exhibit A City of Miami Brownfields Redevelopment Area Ll I� pp LEGAL DESCRIPTION The City of Miami Brownfields area is defined by the following boundaries: t It is bound by the north with the East-West connection of the 1-195 Expressway; then goes in a westerly direction and meets the centerline of the 1-95 Expressway interchange; then following a southerly direction on the north -south 1-95 this boundary line ends at NW 28th Street; then follows a westerly direction to NW 27th Avenue proceeding in a southerly tea direction to NW 20th Street; then the boundary proceeds in an easterly direction to NW 12th Avenue and follows a southerly direction to NW 14th Street; then easterly to meet Biscayne Boulevard; then to NE 15th Street. The geographical boundary ends at the Biscayne Bay shoreline. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Chairman Hernandez TO: and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECON4ENDATION : DATE: SUBJECT: REFERENCES MAR 3 A=13 Miami Brownfields Redevelopment Area FILE : For City Commission Meeting of 3/10/98 ENCLOSURES: Resolution The administration recommends the City Commission approve the attached Resolution creating a State designated Brownfields Area that includes Wynwood and parts of Overtown and Allapattah. BACKGROUND: The -Florida Legislature passed the "Brownfields Redevelopment Act" in the 1997 legislative -session which defines a Brownfields area as a contiguous ar-ea of one or more brownfields sites, some of which may be contaminated, and which has been designated by a local government. Further, Section 376.80(1) Florida Statutes states that a local government with jurisdiction must notify the department of its decision to designate a brownfields area for the rehabilitation purposes as ss.376.77-376.84. The notification must include a resolution. The designation of this Brownfields area is -intended to accomplish the following: • Designate an expanded version of the Federal Brownfields Pilot Area as the State Brownfields Area. • Provide a concentrated area for the assessment and remediation of contaminated sites. • Provide an area which will be eligible for Federal, State and Local redevelopment incentives to stimulate redevelopment of contaminated sites. JGP:C C�bs c: Honorable Mayor Xavier L. Suarez Arleen R. Weintraub, Planning and Development 98- 242 Exhibit A City of Miami Brownfields Redevelopment Area LEGAL DESCRIPTION The City of Miami Brownfields area is Oefined by the following boundaries: IND It is bound by the north with the East-West connection of the 1-195 Expressway; then goes in a westerly direction and gyp. meets the centerline of the 1-95 Expressway interchange; then following a southerly direction on the north -south 1-95 this boundary line ends at NW 28th Street; then follows a westerly direction to NW 27th Avenue proceeding In a southerly direct' - to NW 20th Street; then the boundary proceeds in an easterly di, "on to NW 12th Avenue and follows a southerly direr to NW 14th Street; then easterly to meet Biscayne Boulevard; tl. NEI5th Street. The geographical boundary ends at the Biscayne Bay shoreline.