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HomeMy WebLinkAboutItem #01 - Discussion ItemTO : Hon. Stephen P. Clark Mayor FROM : bi�lJ. Dawkins Commissioner CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : December 14, 1994 FILE : SUBJECT : Agenda Item for January 12, 1994 REFERENCES: ENCLOSURES: On November 14, 1994 I forwarded a memorandum to the Mayor and Commissioners; the subject of the memorandum was "Interlocal Agreement." This memorandum outlined the Options I and II, on how the City and County could set up an "Independent Agency" for the Overtown/Park West Redeelopment Authority, Please schedule an item on the January 12, 1995 commission meeting agenda for me to discuss the Interlocal Agreement, so that we can go on record by stating our position openly on the issue, without violating the Sunshine Law. By copy of this memorandum I am also requesting that Mayor Clark call a Special Town Hall meeting; specifying date, time and place of the meeting, in order that the residents of Overtown area be given the opportunity to express themselves on the issue. cc: Hon. J.L. Plummer Vice Mayor Hon. Wifredo Gort, Commissioner Hon. Victor De Yurre, Commissioner Cesar Odio, City Manager �_Matty Hirai, City Clerk Elba Gallastegui, Agenda Coordinator j1d e11-, - j4G AID ! v V l i 6. �Jd CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and DATE ; November 14, 1994 FILE Members of the City Commission SUBJECT : Interlocal Agreement Lh FROM : • ' - REFERENCES: Miller J. Dawkins Vice Mayor ENCLOSURES: Pursuant to the City Commission meeting of October 27, 1994 in which the City Commission directed the administration to begin negotiations on a new Interlocal Agreement between the City and the County relative to the Southeast Overtown Park West Redevelopment Program, and whereas, the City Commission at that same meeting appointed me to lead the negotiations for such an agency, I am presenting the following two (2) options for discussion: The City set up its own INDEPENDENT AGENCY. The City and the County jointly set up an INDEPENDENT AGENCY: Contrary to what was told to you about the City's contributions to the Overtown Project, I would like to inform you of the City's contribution to the redevelopment program over the past twelve (12) years which will give you a better perspective as to whether or not an additional investment with the County is required. To date, the City of Miami has invested $54.5 million from its own resources into the project, as compared to $1.3 million which can be.:. identified as County resources (this does not include other funds that have been leveraged with other State and Federal agencies). - This fact is mentioned because the City Commission is told that it must invest another $10 million over a period of time as requested by Chairman Teele to facilitate a partnership between the City and County in the new Independent Agency. There is a conflict of equity in the relationship based on the economics. Because of this inequity, and the costs we have already appropriated and the desire to have more private participation in the project, i.e., an independent redevelopment agency; it is appropriate for us to consider setting up our own independent agency. However, if the Commission finds it appropriate to joint -venture with the County, then it would be appropriate to implement Option II. However, we are not recommending that the City rescind any of the authority granted to it under the current Interlocal Agreement, but instead, the County and City should simultaneously transfer its respective powers wherever possible and permitted under State Law to the newly created Independent Authority, which will immediately set up a Board of Directors, open an office, hire a staff and continue with the redevelopment program. Please be aware that this involves transferring all the assets acquired by the City with its own resources and others on a "fee simple basis" which will give the Authority absolute control over land disposition and development rights. Management of the trust fund should be handled by the Authority and the Authority should have its own independent accountant(s) and attorney(s). . A new Interlocal Agreement should be developed with the Authority on a tripartite basis -- the Authority, the County and the City -- which will encompass all of the provisions of the City's Interlocal Agreement with the County and all of the powers that are permitted by the County to be transferred will be incorporated in the New Interlocal Agreement with the Agency. cc: Cesar H. Odio City Manager MIAMI - OVERTOWN/PARK WEST REDEVELOPMENT AUTHORITY Ala trel it CITY CREATES A DEVELOPMENT CORPORATION AND TRANSFERS TO IT ITS REDEVELOPMENT POWERS A review of the present redevelopment structure used by the City of Miami (the "City") indicates the following: the City has, through its City Commission, found certain areas located within the corporate limits of the City to have conditions of "slum" or "blight" (as those terms are defined in S. 163.340, Florida Statutes) and it is necessary that such areas be redeveloped in accordance with the Community Redevelopment Act of 1969, as amended, codified as Part III, Chapter 163, Florida Statutes (hereinafter referred to as the "Redevelopment Act"). One of the areas of the City found to be in need of redevelopment pursuant to s. 163.355, Florida Statutes, is Overtown. Because the City is located within a home rule charter county, the Redevelopment Act requires the County to "delegate" redevelopment powers to the City before it can exercise redevelopment powers under the Redevelopment Act. Through interlocal agreements ("Agreements") entered into between the County and the City, the County has granted the City the right to exercise limited redevelopment powers. The agreements set forth the extent of the delegation of powers to the City, including additional approvals by the County required before certain actions can be taken, expiration, of the delegation, termination of the delegation if certain actions are not initiated or completed by certain dates, and a description of the area included within the delegation of powers. ... 0T-- ..i .� The City proposes to consolidate its redevelopment efforts into a single, non-profit corporation (the "Corporation") in Overtown. The purpose of the Corporation will be to operate as the entity responsible for implementing the redevelopment plans within the Overtown area ("Project"). The City Commission will continue to function as the City's Community Redevelopment Agency (the "CRA"), but will contract with the Corporation to administer and implement the City's redevelopment program. Through the CRA's contract with the Corporation, funding and necessary support to the Corporation will be provided by the CRA in consideration of the Corporation's services to carry out redevelopment activities within the City. Additionally, all real property acquired by the CRA since its inception will be transferred to the Corporation, as well as the remaining balance in the Redevelopment Trust Fund. To accomplish the City's desire to consolidate its redevelopment effort in the Corporation the following must occur: 1. The Corporation must be created and organized. This involves preparation of articles of incorporation and by-laws, and approval and filing with the appropriate officials, and selection of a board of directors. The Corporation should also be qualified as a non-profit organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, which requires the filing of an application with the Internal Revenue Service. (Q.u:ilification as a 501(c) (3) organization may allow more flexibility in issuing bonds for projects). 2. The City Commission acting as the governing body of the CRA must, as the CRA, contract with the Corporation to cant' out the redevelopment activities. The contract will specify the Corporation's areas of responsibility and the extent of the Corporation's discretion in carrying out its functions. 3. The City will delegate its powers as a Community Redevelopment Agency to the Corporation, Responsibilities currently held by the City that will be transferred to the Corporation are: Land Disposition: The Corporation shall prepare land disposition guidelines and procedures which shall be reviewed and approved by the Board of Directors of the Corporation prior to implementation; evaluate proposals and recommend a developer to the City Commission and the Board of County Commissioners; convey land to the developer for fair market value for use in accordance with the redevelopment plan and shall deposit the proceeds from the sale in the redevelopment trust fund to be utilized in accordance with the budget Relocation, except residential relocation: The Corporation shall be responsible for all relocation except residential relocation: 2 Project Financing: The Corporation shall keep and maintain records and adopt procedures whereby the Corporation shall utilize funds in the redevelopment trust fund; and prepare and submit plans for the financing strategy and the annual budget to the City Commission and the Board of County Commissioners when tax increment monies are utilized or if tax increment monies are used as a refunding mechanism to retire instruments of indebtedness guaranteed from non ad valorem Corporation or City of Miami resources. Project Management, Administration and Coordination: The Corporation shall: design and construct public improvements necessary to support the redevelopment of the PROJECT; develop implementation schedules and timetables for all PROJECT activities; Monitor the implementation schedules and timetables; and submit annual progress reports to the City, County and the community. 4. The Corporation will be the entity primarily responsible for Implementation of the Redevelopment Plan for the area within the City previously determined to be in need of redevelopment. The financing of redevelopment may be done by the Corporation, pursuant to City and County approval in matters that require said approval, as in the case of bond issuance. Additionally, the Corporation can handle the logistics for implementing the financing, including the oversight of the projects being financed. =r-7111.t The Board of Directors ("Board") of the Corporation shall consist of seven members, with terms as specified in s. 163.356(2). Five members of the Board will be appointed by the City Commission. The additional two members of the Board shall be appointed by the Overtown Advisory Board and the Park West Civic Association, thereby satisfying Interlocal Agreement requirement for Citizen Participation in the redevelopment efforts in the area. Members of the Board will have diverse and solid backgrounds in the areas of finance, law, land use, planning/architecture and real estate development. The Corporation will be responsible for the redevelopment and revitalization of the Southeast Overtown Park West Redevelopment District (see attached map - Addendum A). The Executive Director of the Corporation, as the chief administrative officer, will have the powers to hire and release staff independently, without interference by the Board, City, or County. The Corporation may employ or retain its own counsel and legal staff for such legal services as it requires. Amendments to the Redevelopment Plan shall be proposed by the Corporation, but will not be effective until approved by the CRA and the Board of County Commissioners. 2. When the Corporation takes over the implementation of the Redevelopment Plan, the City Commission will be free from the day -today redevelopment operations. However, the ultimate authority remains with the CRA for issues that require City Commission approval, such as bond issuance. The Corporation should report periodically to the City Commission on the status of its activities, plan implementation, and what it anticipates doing in the near future. 3. The use of non-profit corporations to carry out redevelopment efforts is not a unique concept. Several jurisdictions throughout the country have successfully used such corporations to handle the implementation of the redevelopment plan. In Florida, this has been done in some jurisdictions where the local government wanted to give greater flexibility to the group handling the day -today operation. Until the corporation is able to generate revenues from its operations, the local government must provide operating funds during at least the 5 initial years. 4 To effectuate the transfer of its redevelopment powers and property interests to the Corporation, the City Commission, in its capacity as the CRA, must adopt a Resolution authorizing such transfer. The City, as the CRA, shall enter into a contractual relationship with the Corporation, setting forth the specific redevelopment powers and property interests to be transferred. MIAMI - OVERTOWN/PARK WEST REDEVELOPMENT AUTHORITY OPTION 11 COUNTY AND CITY JOINTLY CREATE AN INDEPENDENT CRA A review of the present redevelopment structure used by the City of Miami (the "City") indicates the following: the City has, through its City Commission, found certain areas located within the corporate limits of the City to have conditions of "slum" or "blight" (as those terms are defined in S. 163.340, Florida Statutes) and it is necessary that such areas be redeveloped in accordance with the Community Redevelopment Act of 1969, as amended, codified as Part III, Chapter 163, Florida Statutes (hereinafter referred to as the "Redevelopment Act"). One of the areas of the City found to be in need of redevelopment pursuant to s. 163.355, Florida Statutes, is Overtown. Because the City is located within a home rule charter county, the Redevelopment Act requires the County to "delegate" redevelopment powers to the City before it can exercise redevelopment powers under the Redevelopment Act. Through interlocal agreements ("Agreements") entered into between the County and the City, the County has granted the City the right to exercise limited redevelopment powers. The agreements set forth the extent of the delegation of powers to the City, including additional approvals by the County required before certain actions can be taken, expiration of the delegation, termination of the delegation if certain actions are not initiated or completed by certain dates, and a description of the area included within the delegation of powers. To create an independent tax-exempt, not -for -profit Redevelopment Corporation ("Corporation") to Initiate a concerted effort by private and public sectors to undertake a comprehensive redevelopment and revitalization program for the Southeast Overtown/Park West Redevelopment District. The sole purpose of the Corporation will be to act as the community redevelopment agency with exclusive responsibility for implementing the redevelopment plans within the areas previously designated as being in need of redevelopment within the City. In carrying out redevelopment activities, the Corporation will act autonomously from the City and the County. By agreement, the City and the County will transfer their respective redevelopment powers to the maximum extent allowed by law to the Corporation and the City Commission will no longer function as the City's community redevelopment agency. The Corporation will be established by the City of Miami ("City") with the endorsements of the Metropolitan Dade County ("County") and State of Florida ("State") in accordance with the Community Redevelopment Act of 1969. Once Corporation is established, the County shall delegate all redevelopment powers, except for those prohibited by Statute, — as described in the Community Redevelopment Act of 1969, as amended, codified as Part III, Chapter 163, Florida Statutes — not previously delegated to the City of Miami Commission to the Corporation. Simultaneous, the City will agree to transfer all redevelopment powers delegated to it by Dade County pursuant to Dade County Ordinance No. 82- 115 and Interlocal Agreement between Dade County and the City of Miami dated March 31, 1983, in favor of the Corporation. Additionally, the City of Miami will surrender to the Corporation all real property acquired by the CRA in connection with the City's redevelopment efforts in the Southeast Overtown/Park West area, as listed In Addendum B, and any balance currently available in the CRA's Redevelopment Trust Fund. • Implement the Southeast Overtown/Park West Redevelopment Plan. e Manage SEOPW Trust Fund. • Adopt and implement redevelopment strategies for Overtown. • Create Housing Revitalization strategies for Overtown. • Secure private and public funds for redevelopment projects. • Coordinate activities with other public agencies in Overtown. 2 • Acquire and accept ownership of property from the City, County, and State deemed necessary for community redevelopment in accordance with the redevelopment plan. • Hold, improve, clear or prepare any acquired property for redevelopment. • Dispose of property acquired within the community redevelopment area for uses in accordance with the approved plan. Manage, demolish, repair, maintain, lease, rent property it owns. • Construct infrastructure improvements necessary to carry out community redevelopment objectives. • Carry out programs of repair and rehabilitation. • Plan for and assist in the relocation of persons and businesses displaced by redevelopment activities. • Seek public and private funds, utilize tax increment financing, obtain grants, and conduct itself as a private developer in the public interest. • Appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969. • Carry out all redevelopment programs as adopted by the plan. The Board of Directors ("Board") of the Corporation shall consist of seven members, with terms as specified in s. 163.356(2). The initial distribution of appointments shall be four appointments by the City Commission, one appointment by the County, and two appointments by the community. Additional representation on Board of Directors will be commensurate with contributions made to the Project area by each body politic. However, the Miami City Commission will reserve the right to appoint a minimum of three members to the Board. 3 Members of the Board will have diverse and solid backgrounds in the areas of finance, law, land use, planning/architecture and real estate development. The Corporation will be the Southeast Overtown Addendum A). responsible for the redevelopment and revitalization of Park West Redevelopment District (see attached map - The Executive Director of the Authority, as the chief administrative officer, will have the powers to hire and release staff independently, without interference by the Board, City, County, or State. .: 1 The Corporation may employ or retain its own counsel and legal staff for such legal services as it requires. The City has spent to -date $54.5 million of its own resources in the Southeast Overtown/Park West Redevelopment District, in addition to Federal and State allocations and grants that the City redirected to the PROJECT area. Further operation of the Agency shall be jointly funded by the County, whose minimum contribution shall be in the order of $7.5 million and $2.5 in in -kind services, as outlined in Dade County Resolution No..1125-94, and the State, for a minimum of ten (10) years, or until the contributions made by these bodies politic matches that of the City, whichever comes first, after which time the City will once again commit portions of its resources to the PROJECT area. In order to implement the proposal to shift the power of redevelopment from the County and City to the Corporation, the following must occur: 1. The Corporation must be created and organized. This involves preparation of articles of incorporation and by-laws and approval and filing with the appropriate officials, and selection of a board of directors. The Corporation 4 should also be qualified as a non-profit organization described in Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, which requires the filing of an application with the Internal Revenue Service. Qualification as a 501(c)(3) organization may allow greater flexibility in issuing bonds for projects. 2. A new Interlocal Agreement should be developed with the Corporation on a tri-partite basis - the Corporation, the County and the City — which will encompass all of the provisions of the City's Interlocal Agreement with the County and all of the powers that are permitted by the State to be transferred will be incorporated in the new Interlocal Agreement with the Agency. 3. Because the corporation will be the community redevelopment agency, the tax increment trust funds previously established by the City will be transferred to the Corporation. The Corporation will be responsible for the maintenance and accounting for these funds. The Corporation may use the amounts already in the trust funds, and amounts subsequently collected, to finance its redevelopment activities. 4. The Corporation will need to report periodically to the County and the City on the status of its activities, plan implementation, and what it anticipates doing in the near future. The County and the City should establish reporting procedures for the Corporation to follow on the Intedocal Agreement. 5. A redemption or refunding of the City's outstanding redevelopment bonds would be necessary because the source of repayment for such bonds would no longer be available to the City. New bonds may be issued by the County or the Corporation as the community redevelopment agency. Based upon current tax collections, it will be necessary for the County to provide support for new redevelopment bonds. There is an issue whether refunding bonds issued by the County or the Corporation may be issued on a tax-exempt basis. 1. The Corporation does not have the power to determine an area to be a slum or blighted area, or combination thereof; to designate such areas as appropriate for community redevelopment; and to hold any public hearings required with respect thereto. Under the Redevelopment Act, only the County Commission can find additional areas of the City to be blighted and in need of redevelopment. However, the County may only amend the plan upon the recommendation of the Corporation, and after holding a public hearing. This is a matter on which cooperation between the Corporation, the City and the County would be important. 2. The Corporation does not have the power to authorize the issuance of revenue bonds as set forth in S. 163.385. s 3. The use of non-profit corporations to carry out redevelopment efforts is not a unique concept. Several jurisdiction throughout the country have successfully used such corporations to handle the implementation of the redevelopment plan. In Florida, this has been done in some jurisdictions where the local government wanted to give greater flexibility to the group handling the day-to- day operation. Until the corporation is able to generate revenues from its operations, the local government must provide operating funds during at least the 5 initial years. a. The County must adopt legislation: (1) amending or rescinding Resolution No. 1125-94 to provide for the delegation of redevelopment powers and authority to the Corporation to the maximum extent allowed by law, thereby rescinding its delegation of powers to the City, subject to the creation and establishment of the Corporation; (2) authorizing the execution of a memorandum of understanding with the City, in its capacity as the CRA, stipulating that upon the establishment and creation of the Corporation, their respective redevelopment powers, authority and property interests will be simultaneously transferred to the Corporation; and (3) authorizing the execution of a tri-partite interlocal cooperation agreement between the County, the City and the Corporation, setting forth the respective powers, authority, and interests of the parties, thereby terminating the interlocal agreement between the County and the City. b. The City, in its capacity as the CRA, must adopt legislation: (1) rescinding any and all legislation pertaining to its redevelopment powers and authority, subject to the creation and establishment of the Corporation; (2) authorizing the execution of a memorandum of understanding with the County, stipulating that upon the creation and establishment of the corporation, their respective redevelopment powers, authority, and property interests, will be simultaneously transferred to the Corporation; and (3) authorizing the execution of a tri-partite agreement between the County, the City and the Corporation, setting forth the respective powers, authority, and interests of the parties, thereby terminating the interlocal agreement between the County and the City. 6 RON WILLIAMS Assistant City Manager/Director *AH vices Administration AI CityClerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : January 19, 1995 FILE : SUBJECT: Special Meeting February 2, 1995 REFERENCES: ENCLOSURES: As you know, a Special City Commission meeting has been scheduled to take place on Thursday, February 2, 1995, at 7:30 p.m., at Booker T. Washington Middle School (1200 N.W. 6 Avenue [324-8900]), in connection with the proposed creation of an independent Overtown/Park West Redevelopment Authority. We request that you designate a staff person to pick up the necessary communications equipment from City Hall and install It at the above -cited location. We will also need two podium microphones and two remote microphones. Kindly direct the appropriate personnel in your Property Maintenance Division to assist with the transportation of the nine (9) chairs presently located in the Commission Chambers to accommodate the Honorable Mayor and members of the City Commission, City Manager, City Attorney, City Clerk and the Assistant City Clerk at the meeting site. Arrangements must also be made in connection with the safe return of the chairs and equipment to City Hall at the conclusion of the meeting. Attached hereto is a suggested plan on a U-shaped configuration for the placement of the chairs. If the school is unable to provide us with an appropriate number of tables for this configuration, we would respectfully request that you assist us with the provision of same. If you have any questions regarding this matter, please do not hesitate to call. MH:sI cc: Cesar H. Odlo, City Manager Julio Fernandez, Superintendent, Communications, GSA James Reato, Acting Superintendent, Properly Maintenance, GSA ENC: a/s PODIUM PODIUM I I I Clerk I Clerk COMM. comm. MAYOR comm. COMM. Manager Attorney TO : CaESAR H. ODIO 9 FROM 4�AATTY HIRAI City Clerk CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM DATE : January 19, 1995 FILE : SUBJECT : Request to Videotape Special Commission Meeting of February 2, 1995 at Booker T. Washington Middle School REFERENCES: ENCLOSURES: We anticipate that the Special meeting on February 2nd in connection with the proposed creation of an independent Overtown/Park West Redevelopment Authority may turn out to be a controversial and a very meaningful one. I feel that it should form part of our present collection of video tapes of City Commission meetings. It is respectfully requested that you direct Giovanni Felipe, of the Film, Video and Recording Office, that a video be made of said meeting at Booker T. Washington Middle School, 1200 N.W. 6 Avenue on the above -cited date. It is respectfully requested that you kindly indicate your approval by signing in the space provided hereinbelow. APPROVED: Cesar H. Odio, City Manager Date MH:sI l.Lt of t antt MATTY HIRAI City Clerk G�Co-v FACSIMILE TRANSMITTAL SHEET FAX NO. 858-1 6 1® REMARKS: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET OFFICE OF THE CITY CLERK 3500 PAN AMERICAN DRIVE/P.O.BOX 330708/MIAMI/FL 33233-0708(305)250-5360 CITY OF MIAMI, FLORIDA INTER OFFICE MEMORANDUM - TO ; Cesar H. Odio DATE : FEB 1995 FILE , r City Manager SUBJECT : Overtime Authorization for February 2, 1995 FROM : REFERENCES: Ro E. (iflams Assistant City Manager ENCLOSURES: Attached you will find a memo from the City Clerk's office requesting the assistance of the Property maintenance Division with the setup of all necessary equipment and furniture needed for a special commission meeting on February 2, 1995 at Booker T. Washington Middle School (1200 N.W. 6 Ave.). Due to the concerns of the clerk's office they feel that for security reasons the equipment and furniture should not be left at the school overnight, but retrieved after the meeting and returned to a secure city facility (Property Maintenance Shop. To accomplish this task and due to the amount of equipment that will have to be retrieved, it will be necessary to assign three (3) employees from the Property Maintenance Division on overtime. Your signature below will authorize overtime for three (3) Property Maintenance employees (yet to be determined) on February 2, 1995, to stand by and retrieve equipment after the special commission meeting. Approved cc: Jim Reato Matty Hirai Cesar H. Odio City Manager CITY OF MIAMI, FLORIDA TO PROM RON WILLIAMS Assistant City Manager/Director Geaml Services Adminlstration City INTER -OFFICE MEMORANDUM DATE , January 19, 1995 Flea ; SUBJECT ; Special Meeting February 2, 1995 numcNoce ; ENGLoauncs As you know, a Spacial City Commission meeting has beet) scheduled to take place on Thursday, February2, 1996, at 7:30 p.m., at Booker T. Washington Middle School (1200 N.W. 6 Avenue [324-8000, in conneotion with the prupv5ud creation of an IndependentOvertown/Park West RedevelopmentAuthority. We request that you designate a staff person to plok up the necessary communications equipment from City Hail and install It at the above -cited location. We will also need two podium microphones and two remote microphones. Kindly direct the appropriate personnel In your Property Maintenanoo Division to assist with the transportation vl the nine (9) chairs presently located in the Commission Chambers to accommodate the Honorable Mayor and members of the City Commission, City Manager, City Attorney, City Clerk and the Assistant City Clerk at the meeting site. Arrangements must also be made In connection with the safe return of the chairs and equipment to City Mali at the conclusion of the meeting. Attached hereto is a euggootod plan on a U-shaped configuration for the pluuement of the chairs, if the school Is unable to provide us with an appropriate number of tables for this configuration, we would respectfully request that you assist us with the provision of same. If you have any questions regarding this matter, ploase do not hesitate to call, MH:sl cc: Cesar H. Odio, City Manager Julio Fernandez, Superintendent, Communications, GSA James Reato, Acting Superintendent, Property Maintenance, GSA C ENO: a/s rri m - .. a N