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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14613 Date: 09/07/2023 Commission Meeting Date: 09/28/2023 Requesting Department: Department of Housing and Community Development Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Agreement - FDEP - 6200 NW 17 AV Purpose of Item: AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT FDEP AND ITS CONTRACTORS ACCESS TO CITY OF MIAMI ("CITY") PROPERTY LOCATED AT 6200 NW 17 AVENUE (FOLIO NO. 01-3115-005- 3291) ("PROPERTY") TO CONDUCT AN ENVIRONMENTAL ASSESSMENT ON THE PROPERTY AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. Background of Item: The City of Miami ("City") is the owner of certain real property located at 6200 NW 17 Avenue, Miami, Florida (Folio No. 01-3115-005-3291) ("Property"). The Property was formerly a gas station and is currently a vacant lot. The Property was acquired by the City for the purpose of facilitating development of affordable housing within the Liberty City area. On March 13, 1987, a petroleum discharge on the Property was reported to the State of Florida Department of Environmental Protection ("FDEP"), which made the Property eligible for state funding under the Early Detection Incentive ("EDI") program. The Property was assessed, issued a priority score, and placed on a waiting list for state funding. The Property previously underwent environmental testing and remediation between 2003 and 2017, funded through a combination of a U.S. Environmental Protection Agency grant and general fund cost -share agreement with the FDEP for its Low -Scored Site Initiative (LSSI) program. After 2017, the City was approved to enter a post-remediation quarterly sampling of groundwater monitoring schedule to ensure that the alleged contamination in groundwater would not rise above remediation requirement levels, as the Miami -Dade Division of Environmental Resources Management had determined the soil was properly remediated within the Property. From 2017 to 2019, the City conducted quarterly onsite groundwater monitoring and determined contamination levels showed signs of natural attenuation -contamination depletion. The City requested a pause in continued monitoring until FDEP EDI funding became available. In a letter dated May 5, 2023, the FDEP notified the City that the Property was eligible for EDI funding and that the City would be required to execute a site access agreement with FDEP and its contractors to allow access for an environmental assessment performed at no cost to the City. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Community and Economic Development Review Completed 09/08/2023 9:56 AM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Marie Gouin City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Larry M. Spring Arthur Noriega V Valentin J Alvarez Thomas M. Fossler Victoria Mendez Maricarmen Lopez City Clerk's Office George Mensah Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed 09/08/2023 2:29 PM 09/08/2023 3:02 PM 09/14/2023 9:48 AM 09/14/2023 9:50 AM 09/14/2023 10:13 AM 09/15/2023 7:52 AM 09/18/2023 2:35 PM 09/28/2023 9:00 AM 10/04/2023 6:16 PM City of Miami Legislation Resolution Enactment Number: R-23-0433 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14613 Final Action Date:9/28/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO GRANT FDEP AND ITS CONTRACTORS ACCESS TO CITY OF MIAMI ("CITY") PROPERTY LOCATED AT 6200 NORTHWEST 17 AVENUE, FOLIO NO. 01-3115-005-3291 ("PROPERTY"), TO CONDUCT AN ENVIRONMENTAL ASSESSMENT ON THE PROPERTY AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS WITH FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS. WHEREAS, the City of Miami ("City") is the owner of certain real property located at 6200 NW 17 Avenue, Miami, Florida, Folio No. 01-3115-005-3291 ("Property"); and WHEREAS, the Property was formerly a gas station and is currently a vacant lot; and WHEREAS, the Property was acquired by the City for the purpose of facilitating development of affordable housing within the Liberty City area; and WHEREAS, on March 13, 1987, a petroleum discharge on the Property was reported to the State of Florida Department of Environmental Protection ("FDEP"), which made the Property eligible for state funding under the Early Detection Incentive ("EDI") program; WHEREAS, the Property was assessed, issued a priority score, and placed on a waiting list for state funding, and WHEREAS, the Property previously underwent environmental testing and remediation between 2003 and 2017, funded through a combination of a United States Environmental Protection Agency grant and general fund cost -share agreement with the FDEP for its Low - Scored Site Initiative ("LSSI") program; and WHEREAS, after 2017, the City was approved to enter a post-remediation quarterly sampling of groundwater monitoring schedule to ensure that the alleged contamination in groundwater would not rise above remediation requirement levels, as the Miami -Dade Division of Environmental Resources Management had determined the soil was properly remediated within the Property; and WHEREAS, from 2017 to 2019, the City conducted quarterly onsite groundwater monitoring and determined contamination levels showed signs of natural attenuation - contamination depletion; and WHEREAS, the City requested a pause in continued monitoring until FDEP EDI funding became available; and WHEREAS, in a letter dated May 5, 2023, the FDEP notified the City that the Property was eligible for EDI funding and that the City would be required to execute a site access agreement with FDEP and its contractors to allow access for an environmental assessment performed at no cost to the City; 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 Manager is authorized' to negotiate and execute a Site Access Agreement, in a form acceptable to the City Attorney, with FDEP to grant FDEP and its contractors access to the Property to conduct an environmental assessment on the Property at no cost to the City. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents with FDEP, including amendments, extensions, and renewals, all in forms acceptable to the City Attorney, as may be deemed necessary for said purpose, subject to all allocations, appropriations, and prior budgetary approvals and in compliance with applicable sections of the Code of the City of Miami, Florida, as amended, and all applicable laws, rules, and regulations. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 9/18/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.