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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16219 Date: 06/11/2024 Commission Meeting Date: 07/25/2024 Requesting Department: Department of Housing and Community Development Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Execute Agreement - FDEP - 6201 NW 17 Ave Purpose of Item: 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 6201 NORTHWEST 17 AVENUE, FOLIO NO. 01-3114-005-0010 ("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 owner of 6201 NW 17 Ave ("Property"), that is currently a vacant lot; however, is reserved for a future affordable housing development in conjunction with nearby City owned property located at 6200 NW 17 Avenue, Miami, Florida, 33147. The property located at 6200 NW 17 Avenue is the subject of ongoing environmental assessment and if necessary, remediation that is being funded by FDEP at no cost to the City. FDEP has requested access to sample several lots adjacent to and nearby 6200 NW 17 Avenue and the offsite request, which included the "Property". FDEP has currently an existing site access agreement with City of Miami to access and conduct work at 6200 NW 17 Avenue as per Resolution R-23-0433, adopted on September 28, 2023, however the "Property", was not included in the previous resolution. The Property is not considered a contaminated lot, however updated data needs to confirm the status due to its proximity to the property located at 6200 NW 17 Avenue. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $0 City Manager's Office Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Larry M. Spring Luis Hernandez -Torres Marie Gouin Arthur Noriega V Valentin J Alvarez Raymond Pereira George K. Wysong III Maricarmen Lopez City Clerk's Office Department Head Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 06/17/2024 4:12 PM Completed 06/18/2024 1:22 PM Completed 06/25/2024 12:10 PM Completed 06/25/2024 3:12 PM Completed 07/05/2024 10:25 AM Completed 07/15/2024 4:49 PM Completed 07/16/2024 6:11 PM Completed 07/25/2024 9:00 AM Completed 07/30/2024 3:07 PM City of Miami Legislation Resolution Enactment Number: R-24-0298 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16219 Final Action Date:7/25/2024 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 6201 NORTHWEST 17 AVENUE, FOLIO NO. 01-3114-005-0010 ("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, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of certain real property located at 6201 Northwest 17 Avenue, Miami, Florida, Folio No. 01-3114-005-0010 ("Property"); and WHEREAS, the Property is currently vacant and is reserved for a future affordable housing development in conjunction with nearby City -owned property located at 6200 Northwest 17 Avenue, Miami, Florida (the "Adjacent Property"); and WHEREAS, the Florida Department of Environmental Protection ("FDEP") currently has an existing site access agreement with the City to access and conduct work at the Adjacent Property per Resolution No. R-23-0433, adopted on September 28, 2023; and WHEREAS, an environmental assessment that is funded by FDEP at no cost to the City is currently being performed at the Adjacent Property; and WHEREAS, the FDEP has requested access to sample soil at the Property due to the Property's proximity to the Adjacent Property and an environmental assessment is needed to confirm if there is any contamination at the Property; and WHEREAS, it is recommended that the City authorize the negotiation and execution of the site access agreement with FDEP for the purpose of granting access to conduct an environmental assessment on the Property, where the environmental assessment will be conducted by FDEP and its contractors 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 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, prior budgetary approvals, and 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 adoption. APPROVED AS TO FORM AND CORRECTNESS: ge = . Wys ng IIQ, C ty ttor -y 7/16/2024 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.