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Home My WebLink AboutR-94-0415J-94-456 6/1/94 RESOLUTION NO. 94- 415 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AMENDMENT(S) TO THE CITY CHARTER FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 1994, THEREBY PROPOSING MODIFICATIONS TO THE EXISTING PROCESS OF: (1) IMPLEMENTING UNIFIED DEVELOPMENT PROJECTS; (2) HANDLING PROTESTS FILED BY AGGRIEVED PARTIES IN REGARD TO SAID PROJECTS; AND (3) REGARDING THE CONTEMPLATION OF SALES OR LEASES OF CITY -OWNED PROPERTY. Seotion 1. The City Attorney is hereby directed to prepare amendment(s) to the City Charter for a Special Election to be held on November 8, 1994 thereby proposing modifications to the existing process(s) of: implementing unified development projects;, (2) handling protests filed by aggrieved parties in regard to said projects; and (3) regarding the contemplation of sales or leases of City -owned property, and substantially incorporating provisions set forth hereinbelow and which are legally permissible: A. (1) A unified development project (UDP) of improvements on real property which the City owns or which is to be acquired by the City may consist of an additional integrated package consisting of construction in addition to the function of planning and design. CITY COMUSSION MEETUIC OF JUN 9 9 '994 Resolution No. .94- 415 (2) Proposals submitted in response to a Request for Proposals (RFP), for such a UDP (construction, planning and design) need not be the subject of an evaluation by a certified public accountant (CPA) on the question of whether the proposal provides a return to the City of fair market value. For all other UDPs, the CPA's preliminary findings shall be made available to the City's Proposal Review Committee prior to the Committee's concluding its duties. Such findings shall include for each UDP involving a lease of City - owned property an evaluation of the following: (i) financial viability of each proposer; (ii) viability of the proposer's financing strategy; and (iii) a comparative assessment of the short and long range economic benefit to the City. The CPA's written final evaluation report is to be rendered directly to the City's Proposal Review Committee at the time said report is rendered to the City Manager. H. A Request for Qualifioations (RFQ) may be issued by the City Manager prior to City Commission approval of the contents of the RFP for any UDP, 3j4-- 415 -2- said RFQ being used to establish qualifications required of any party desirous of submitting a response to the RFP to ascertain whether the party is fully qualified to render the required services according to law and whether a proposal submitted by such party is eligible for further consideration by the Proposal Review Committee. C. The three -proposal requirement for a contemplated sale or lease of City -owned property, including waterfront property, shall be deleted and the City Commission upon receipt of one or more proposals shall either accept or reject the proposal or proposals and shall not be required to obtain voter approval for said sale or lease. D. (1) Where a sale or lease of City -owned property, including waterfront property, is contemplated, no favorable recommendation shall be made by the City Manager to the City Commission where there is a return to the City of less than fair market value. (2) Except as provided in Section 29(D) of the City Charter, and notwithstanding the limitation in subparagraph 4(a) above, where any sale, conveyance or lease of City -owned 'A- 415 -3- property is contemplated to be made to a governmental instrumentality, a qualified and eligible community -based organization, a lessee or purchaser and/or user of property which is sought to be conveyed pursuant to the Florida Community Redevelopment Act of 1969, as amended and as appearing in Chapter 163, Florida Statutes, or to a sponsor or cosponsor of a qualified housing project, the City Manager may make a favorable recommendation to the City Commission where there is a return to the City of less than fair market value. (3) No substantive rights or any vested interest shall be conferred upon any proposer until the contract awarding the project has been executed by the City Manager. E. (1) The written evaluations from the UDP Proposal Review Committee shall be transmitted to the City Manager who upon review of such recommendations: (a) may recommend City Commission rejection of all proposals. If the City Manager recommends rejection of all proposals, 415 -4- the City Manager shall state in writing the reasons for such rejection; or (b) shall recommend only one proposal for acceptance by the City Commission. (2) Upon receipt of the City Manager's recommendation, the City Commission shall: (a) accept the proposal recommended by the City Manager; (b) reject all proposals; or (o) seek a recommendation directly from the Committee. In the event the City Commission rejects all proposals, it may recommence the UDP process by holding a public hearing and authorizing the issuance of another RFP. F. Upon the filing of a protest by an aggrieved party in connection with (a) the issuance of an RFP for a contemplated sale or lease of City -owned property or for a proposed UDP, or (b) the City Commission's award of a sale or lease or a contract for a UDP, there shall be no execution of '14- 415 -5- any such contract in regard to such RFP unless or until there has been a resolution of said protest which is deemed acceptable to the City Commission following the submission of the protest to a three (3) member Protest Committee composed of at least one Assistant City Attorney and one Director of a City administrative department, with the City Commission reserving the right for a period of thirty days to rescind any such contract so executed should there be newly -discovered information coming to the attention of the City Commission which information was not made available prior to the award of contract and which information, if presented timely, would reasonably have affected the City Commission's action in awarding said contract. Section 2. This Resolution sbgll become effective immediately upon its adoption. PASSED AND ADOPTED this 9 th day of June , 1994. cif„ P . , MAYOR :A- 415 WE 94- 415 0 r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM: Ces CityJ Oger 1A1 P'/ A DATE MAY 31 1994 L�? SUEUECT : preparation of Charter Amendment/ UDP Process REFERENCES: ENCLOSUREPty Commission Meeting of June 9, 1994 FILE : It is respectfully recommended that the City Commission adopt the attached Resolution directing the City Attorney to prepare a Charter Amendment for the November 8, 1994 election to modify the process followed in implementation of Unified Development Projects and in handling protests filed by aggrieved parties in regard to said projects and in regard to contemplated sales or leases of City owned properties. L_*WQ 1*111W The Department of Development and Housing Conservation recommends the approval of the attached Resolution for preparation of certain modifications to the City Charter, relating to Unified Development Projects. The attached Resolution represents proposed modifications to the Charter Section, in connection with Unified Development Projects, for consideration by the electorate on the November 8, 1994 ballot. The modifications have been reviewed and approved by the Department of Development & Housing Conservation - the City Department responsible for implementing Unified Development Projects, in accordance with City Charter Section 29-A(c). Attachment: Proposed Resolution 94-- 415