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Resolution 86-18491 I RESOLUTION NO. 86-18491 i A RESOLUTION APPROVING THE PROCEDURES BY WHICH PUBLIC PROPERTIES WILL BE CONSIDERED FOR SALE AND/OR LEASE WITHIN THE CITY OF MIAMI BEACH EXCLUSIVE OF THOSE PROPERTIES LOCATED WITHIN THE SOUTH POINTE REDEVELOPMENT AREA AND GOVERNED BY THE PROVISIONS OF ACT 163 OF FLORIDA STATUTES AS AMENDED. WHEREAS, the City Commission has reviewed methods by which the City will consider disposal of public property either through Sae or lease rind; WHEREAS, the City of Miami Beach is desirous of establishing standards and guidelines by which public properties shall be considered for disposition; NOW THEREFORE BE IT DULY RESOLVED by the City Commission of the City of Miami Beach, Florida, that the following procedures shall be adhered to in considering City property for sale and/or lease: A. A legal opinon, including a title search to determine if there are deed restrictions, covenants, or subdivision restrictions to whether or not the property can be disposed of shall be prepared. If the City is initiating a property for consideration, then it shall be the City's responsibility for obtaining the legal opinion including title work. If the City is approached by a private party for the use of certain City properties, then it shall be the responsibility of the private party for obtaining legal opinion and necessary title search. B. There shall be a determination as to whether or not adjacent property owners have vested interests in the property, and whether or not a Request for Proposal is necessary prior to entering into sale and/or lease negotiations. If the City is initiating a property for consideration, then it shall be the City's responsibility for obtaining the determination. If the City is approached by a private party for the use of certain City properties, then it shall be the responsibility of the private party for obtaining the determination. C. The City or the proponent for lease or sale shall obtain two independent appraisals of the fair market value of the property for its intended use. The appraiser shall be selected from a list provided by the City Attorney's Office. The determination of fair market value shall provide a basis for negotiation. It is not intended to be a fixed price, since other City objectives may impact the value, such as offsetting improvements, exchanged land, or other considerations that may become part of the sale or lease agreement. D. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. E.. The City Planning Board shall hold at least one public hearing for consideration of necessary re-zoning and/or amendment to the comprehensive plan and in order to obtain citizen input into the possible lease or sale of City property. The Planning Department shall prepare an analysis of the proposed sale or lease using the following criteria: 1. Whether or not the proposed use is in keeping with City goals and objectives and' conforms to the City comprehensive plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding tijc City's r;ven-%A-e base, r a ux�L rg cc-stsj creating jobs creating a significant revenue stream and improving the community's overall quality of life. 4. Determination as to whether or the development is in keeping with the surrounding neighborhood, will block views, create other environmental intrusions, and the design and aesthetic considerations of the project. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether or the project could be accomplished under a private-ownership assembly. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the City for its disposition of property. 8. Such other issues 9 tie Manning Department and Planning Board may deem appropriate in their analysis of the appropriateness of the proposed disposition. F. Should the City or the proponent for the sale or lease not wish to undertake a public bidding process, then the City or the proponent shall obtain the appropriate legal opinion that a public bidding process is unnecessary. If the proponent is unable to obtain the necessary legal opinion, but wishes to proceed with sale and/or lease negotiations, then the sale or lease agreement shall be first negotitated, and then made available for others to bid against. G. Prior to the final approval by the City Commission of a sale or lease of City property, and after the amendments to the comprehensive plan or the Zoning Ordinance have been considered, all necessary variances shall also be obtained from the Board of Adjustment and incorporated into the final sale or lease agreement for the property. PASSED AND ADOPTED THIS 18th DAY OF June , 1986. mayor Attest: City Clerk RLF:la b r �