HomeMy WebLinkAboutR-23-0433City of Miami
Resolution R-23-0433
Legislation
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
City of Miami Page 1 of 2 File ID: 14613 (Revision:) Printed On: 7/14/2025
File ID: 14613 Enactment Number: R-23-0433
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:
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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.
City of Miami Page 2 of 2 File ID: 14613 (Revision:) Printed on: 7/14/2025