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Home My WebLink AboutR-93-0377J-93--494 6/29/93 RESOLUTION NO. •) A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE A CITY CHARTER AMENDMENT TO THEREBY AUTHORIZE THE CITY COMMISSION TO WAIVE COMPETITIVE BIDDING IN CONNECTION WITH LEASES OF CITY -OWNED WATERFRONT PROPERTY WITH NON- PROFIT, WATER -DEPENDENT ORGANIZATIONS WHICH PROVIDE RECREATIONAL SERVICES AND/OR ACTIVITIES TO THE COMMUNITY PROVIDED CERTAIN CONDITIONS ARE MET PERTAINING TO PUBLIC PURPOSE, PUBLIC ACCESS, WATERFRONT SET BACK AND VIEW -CORRIDOR REQUIREMENTS, FAIR RETURN TO THE CITY, COMPLIANCE WITH THE MASTER PLAN AND REQUIREMENTS PRESCRIBED BY ORDINANCE PERTAINING TO ORGANIZATIONS USING CITY -OWNED FACILITIES. WHEREAS, existing City Charter provisions do not authorize the City Commission to extend existing leases with nonprofit, noncommercial, water -dependent organizations which provide marine -recreational services and/or activities and are lawfully situated at any City -owned waterfront property; and WHEREAS, the City Commission and the City Manager feel that it is in the best interest of the City to provide a mechanism to effectuate the aforementioned; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Cr" COM OSSION NEETINC OF (� Aowlution rryNyo J-- 3/ N Section 2. The City Attorney is hereby directed to prepare a City Charter Amendment to thereby authorize the City Commission to waive competitive bidding in connection with leases of city -owned waterfront property with non- profit, water - dependent organizations which provide recreational services and/or activities to the community provided certain conditions are met pertaining to public purpose, public access, waterfront set batk and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to organizations using city -owned facilities. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this _22- day of ,,-�— ' 1993. ATT MATTY HIRAI CITY CLERK PREPARED AND PPR.OVED BY: JULI BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ` F •QU J N II CITY ATT0 9 3" 377 BSS:M3703 -2- 45 Honorable Mayor and Members of the City Commission JUN 161993 T Proposed Charter Amendment 4Cesa io AE «pr,crs City` a er City commission Meeting V� FN,.LOSURE, of June 29, 1993 It is respectfully recommended that the City Commission adopt attached Resolution,iapproving, setting forth and submitting to the electorate a proposed charter amendment, amending the Charter of the City of Miami, Florida, as amended, known as Charter Amendment No. 1, to authorize the City Commission to extend existing leases with nonprofit, noncommercial, water -dependent organizations which provide marine -recreational services and/or activities, and are lawfully situated at any City -owned water- front property at the time this amendment is adopted, when said lease extension is required for the purpose of financing restora- tion or repair of the property destroyed or damaged. The Department of Development & Housing Conservation recommends the approval of the attached Resolution to amend the City Charter for the purpose of authorizing the City Commission to extend existing leases with nonprofit lessees. On April 15, 1993, the City Commission directed the City Adminis- tration to draft a charter amendment for the Commission consider- ation and approval. If the proposed charter amendment is ap- proved by the City Commission and voted favorably by the City Electorate respectively, then the Commission will have the au- thority to extend a lease with a nonprofit lessee in cases when such extension is needed to secure financing for the repairing or restoration of a leased facility. The proposed charter amendment shall be presented to the City voters at a special municipal election on November 2, 1993. Attachment: Proposed Resolution 0 �s, 3 3 - 377 ri (MiDA Ofjr May 24, 19 Cesar_ H. sup-jrc, New Section 29 REFERENCES 524 9 3 /XLS Xavier L . Suarez ENCLOSURES 6 please schedule for commission consideration at our June 1 �19g3 meeting, the attached requesiashat adviseeMr�oFrank Albr�ttoned. once it has been scheduled pee Chairman of the Waterfront Advisory Board and other interested parties. XLS/ ird /3 9 3 - 377 May 21, 1993 Dear Mr. Odio : CA ,of t t 9;3 HAY 21 PM 3: 42 n, WATERFRONT ADVISORY BOARD Based on the City Commission's request made at the April. 15, 1993 Commission meeting, to have this item brought back before them at the earliest opportunity; we are respectfully requesting that this item be placed on the agenda for the Commission meeting scheduled for June 17, 1993. We would very much appreciate it if the enclosed information could be placed in the agenda package. Sincerely, Frank Albritton Chairman City of Miami Waterfront Advisory Board cc: Xavier Suarez, Mayor Miriam Alonso, Commissioner J. L. Plummer, Commissioner Miller Dawkins, Commissioner Victor de Yurre, Commissioner Julie, Bru, Assistant City Attorney Waterfront Advisory Board Members 93- CITY OF MIAMI WATERFRONT ADVISORY BOARD C/O OFFICE OF THE MARINAS/1600 S. Etayshore Dlive/Miami, FL 33133/(305) 579-6%1 377 0 0 New ect.i..on 29-I), PT.Ititled "Leases wit.b. non --profit, non— commercial, water --dependent organizations which provide marine - recreational services and/or activities." is hereby added to the Charter of the City of Miami, Florida (Chapter 10646, Laws of Florida, 1925), as amended, as follows: eo. 29-D. Leases with, non-profit, non-oommerciaZ, water -dependent organizations which provide marine -recreational services and/or activities. Notwithstanding any provision to the contrary contained in the Charter or lode of the City of Miami , the City Commission in its sole discretion, may lease to or extend existing leases with non-profit, non- commercial, water -dependent organizations which provide marine -recreational services and/or activities, and are lawfully situated at any City -owned waterfront property at the time this amendment is adopted, provided the following conditions are met: (A) said non-profit organizations which provide marine related services and/or activities have been utilizing and will oontinue to utilize said property for a public purpose, including community service; and (H) the terms of the contract allow reasonable public access to the water and reasonable public use of the property, and comply with other charter waterfront setbaok and view --corridor requirements; and (C) the terms of the contract result in a fair return to the city based on two independent appraisals; and (D) the use is authorized under the then existing master plan of the city." P890/bss 93- 377 P890/bss <bevi> NO IN 0 "Shall Charter Amendment No.l be adopted to authorize the City Commission to lease to or extend existing leases with nonprofit, non.commerel-al, water dependent organizations which provide marine -recreational services and/or activities, and are lawfully situated at any City -owned waterfront property at the time this amendment is adapted, provided Certain conditions are met pertaining to public purpose, community service, public access, waterfront setbaok and view-oorridor requirements, fair return to the City, and compliance with the master plan?" 93- 377 WATERFRONT ADVISORY BOARD May 26, 1.993 Dear Honorable Mayor Suarez: As you are aware, the Charter Amendment Committee which as a result of the Commission directive issued at the April 15, 1993 City Commission meeting, has been worked over the last several months in an effort to prepare a draft document for your consideration. While the specifics of this draft proposal and the effects of the committee will be discussed in a future correspondence; it is our understanding that the finalized draft be ready shortly by the Law Department and will be submitted on the June 1.7, 1993, Commission meeting for your. deliberation. Because of the immense interest shown by the membership of these affected organizations and the public at large we respectfully request that the discussion of these matters be scheduled to be heard at 6:00 P.M. on June 17, 1993. If you are able to accommodate this request I would be most appreciative if your office would communicate with me directly at the earliest opportunity so I may respond to various organizations who have made this request. Again your help in this matter is always appreciated. Sincerely, Frank Albritton City of Miami Waterfront Advisory Board cc: City of Miami Commissioners Cesar H. Odio, City Manager Elvi Gallastegui, Assistant Legislative Administrator Waterfront Advisory Board FA CITY OF MIAMI WATERFRONT ADVISORY BOARD 93- 37 C/O DINNER KEY MARINA/3400 Pan American Drive/Miami. Florida 33133/13051 57"950 Ej n view eet� An 24�-D, ent tled "Leases with non-profit, non- commercial, water -dependent organizations which provide marine - recreational services and/or activities." is hereby added to the Charter of the City of Miami, Florida (Chapter 10846, Laws of Florida, j925). as amended, as follows: "sec. 29-D. Leases with non-profit, non-oommeroial, water -dependent organizations which provide marine -recreational services and/or activities. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami - the City Commission in its Bole discretion, may lease to or extend existing leases with non-profit, non- commercial, water -dependent organizations which provide marine -recreational services and/or activities, and are lawfully situated at any City -owned waterfront property rprovided erhe at the time this amendment is adopted, following conditions are met: (A) said non-profit $and/or ons which activities provide haveberine en related servie utilizing and will oontinue to utilize said property for a publio purpose, including community service; and (8) the terms of the oontraot allow reasonable public access to the water and reasonable public use of the property, and comply with other charter waterfront setback and view -corridor requirements; and (C) e terms of the the oity based con rtwo independent appraisals; aot result in a fair return to and (D) the use is authorized under the then existing master plan of the city.„ P890/bss 93- 377 P890/bse <bevl> "Shall Charter Amendment No.1 be adopted to authorize the City Commission to lease to or extend existing .leases with nonprofit, noncommercial, water aependent organizations which provide marine -recreational servioes and/or activities, and are lawfully situated a►t any City -owned waterfront property at the time this amendment is adopted, provided certain conditions are met pertaining to public purpose, community service, publio access, waterfront setbaok and view-oorridor requirements, fair return to the City, and compliance with the master plan?" 93- 377