HomeMy WebLinkAboutR-91-0515J-91-506
6/13/91
RESOLUTION NO. y , 5
A RESOLUTION DIRECTING THE CITY ATTORNEY TO
PREPARE CHARTER AMENDMENT(S) FOR THE
NOVEMBER 5, 1991 ELECTION, TO MODIFY THE
PROCESS FOLLOWED IN IMPLEMENTING 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 PROPERTY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is hereby directed to
prepare amendment(s) to the City Charter for the November 5, 1991
Election substantially incorporating the provisions which are set
forth below and which are legally permissible.
1. (a) 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.
(b) Proposals submitted in response to a Request for
Proposals (RFP), for such a UDP (construction, planning and
design) need not to 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; but
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: financial viability of each
proposer; viability of the proposer's financing strategy; and a
comparative assessment of the short and long range economic
benefit to the City. The CPA's written final evaluation report
CI MEETING OF N
JUL 11 1991
91- 15
,ffW p.
a� o
is to be rendered directly to the City's Proposal Review
Committee at the time said report is rendered to the City
Manager.
2. A Request for Qualifications (RFQ) may be issued by the
City Manager prior to City Commission approval of the contents of
the RFP for any UDP, said RFQ being used to establish
i
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.
3. (a) Except for waterfront property, the three -proposal
requirement for a contemplated sale or lease of City -owned
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.
(b) Provision shall also be made to delete the three -
proposal requirement so as to allow an amendment to an existing
lease of any City -owned property, including waterfront property
where such proposed amendment does not: (i) extend the term of
the lease, (ii) change the nature of the use of the property
permitted under the lease, and ;iii) does not lessen the existing
rate of return to the City as set forth in said lease.
4. (a) 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.
(b) Notwithstanding the limitation in subparagraph (a)
above, where any sale, conveyance or lease of city -owned
property, exclusivelof waterfront 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
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91-- 515
x
Florida Community Redevelopment Act of 1969, as amended and as
appearing in Chapter 163, Florida Statutes, or to a sponsor or
co-sponsor 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.
(c) 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.
5. The written recommendations to the City Manager of the
UDP Proposal Review Committee shall be transmitted to the City
Manager who upon review of such recommendations (a) may reject
all such recommendations and return the same to the Committee for
its further review and report, or (b) shall recommend only one
proposal for acceptance by the City Commission. Upon receipt of
any subsequent Committee recommendation, the City Manager shall
again recommend only one proposal to the City Commission which
shall (a) accept the proposal recommended by the City Manager,
(b) reject all proposals, or (c) seek recommendation directly
from the Committee. The City Commission may recommence the UDP
process by holding a public hearing and authorizing the issuance
of another RFP.
6. 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 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 3 member Protest
Committee composed of at least one Assistant City Attorney and
one Director of a City administrative department, with the City
Commission reserviiig 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
3 91- 515
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 shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this llth day of JAY 1991.
ATTES
MAT TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
LINDA K. KEARSON /
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J GE F5R ANDEZ
CITY ATTOO
LKK:gb:M2 93
XAVIER, L.JSUAREZ,
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a
CITY OF MIAMI, FLORIDA
t 11
INTER -OFFICE MEMORANDUM
TO Honora a Mayor and Members
of t City Commission
A�?�
FROM Cesar H. Odio
City Manager
DATE JUN 2 71991 FILE :
SUWECT:Resolution Directing Preparation
of a Charter Amendment/
UDP Process
REFERENCES For Commission Meeting of
July 11, 1991
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution directing the City Attorney to prepare a'
Charter Amendment for the November 5, 1991 election to modify the
process followed in implementing 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 property.
One of the many outcomes of a recent Shared Vision Executive
Retreat was the establishment of an administrative task force to
suggest and coordinate modifications to the City Charter. This
task force was comprised of Arleen Weintraub, Assistant Director
of the Department of Development; A. Quinn Jones, Deputy City
Attorney; Guillermo Olmedillo, Deputy Director of the Planning,
Building & Zoning Department; Jack Mulvena, Executive Director of
the Off -Street Parking Department; and Aurelio Perez-Lugones,
Legislative Administrator of the City Manager's Office.
The attached Resolution represents proposed modifications to the
Charter section relating to Unified Development Projects for
consideration by the electorate on the November 5, 1991 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
91- 515