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Resolution 94-21014 A RESOLUTION NO. 94-21014 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING AS REQUIRED BY CITY OF MIAMI BEACH ORDINANCE NO. 92-2783, TO OBTAIN CITIZEN INPUT AS TO A PROPOSED LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BELLSOUTH MOBILITY, INC. , FOR THE INSTALLATION OF A MINI-CELLULAR SITE ON THE 9TH FLOOR OF Old CITY HALL, FOR THE PURPOSE OF INCREASING AND IMPROVING CELLULAR COVERAGE TO ALL SOUTH BEACH USERS OF BELLSOUTH CELLULAR SERVICE. WHEREAS, the City Administration has been contacted by BellSouth Mobility, Inc. regarding poor cellular quality being experienced in the South Beach area by all BellSouth Mobility, Inc. cellular phone users and, in particular, City employees located in the Miami Beach Police Department building; and WHEREAS, this coverage area has been surveyed by BellSouth Mobility, Inc. , which has recommended that a mini- cellular site be installed in the vicinity of Old City Hall in order to improve service; and WHEREAS, the Administration has recommended that the City Radio Site located on the 9th floor of Old City Hall. Can be utilized to house the aforestated mini-cellular site, which would consist of an equipment cabinet, radio equipment, three (3) stick antennas and coaxial transmission line; and WHEREAS, it is further recommended that the City negotiate a lease with BellSouth Mobility, Inc. for this space to maintain and operate the mini-cellular site on the 9th floor of Old City Hall; and WHEREAS, pursuant to Ordinance No. 92-2783, which establishes standards and guidelines by which City properties shall be considered for sale and/or lease, prior to entering into the proposed lease agreement, the Mayor and City Commission must consider the following requirements: • (a) A public hearing, advertised not less than fifteen (15) days prior to its scheduled date, in order to obtain citizen input into the proposed lease; (b) An analysis prepared by the Planning Department regarding all relevant issues that would enable the Mayor and City Commission to properly consider the proposed lease; and (c) Any lease of City property shall be conducted pursuant to an advertised public bidding process, as well as an independent appraisal of the fair market rental value of the property. However, as prescribed by Ordinance No. 92-2783, the aforestated requirements may be waived by a five-sevenths (5/7) vote of the Mayor and City Commission upon a finding that the public interest would best be served by waiving such conditions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. A public hearing in order to obtain citizen input as to a lease agreement between the City and BellSouth Mobility, Inc. for space to maintain and operate a mini-cellular site on the 9th floor of Old City Hall, is hereby called to be held before the City Commission in its Chambers on the 3rd floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139 on the 2nd day of _ ''February , 1994, beginning at 4:00 p.m. , and the City Clerk is hereby authorized and directed to publish appropriate public notice of the said public hearing in a newspaper of general '1 d circulation in the City of Miami Beach, at which time and place all interested parties shall be heard; 2. At such time as the aforestated public hearing is convened, the City Administration, through its Planning Department, shall present a report to the Mayor and City Commission and the citizenry regarding any relevant issues pertaining to the proposed lease with BellSouth Mobility, Inc. ; and 3. After having obtained citizen input as to the proposed lease with BellSouth Mobility, Inc. , including the aforestated report the Planning Department, the Mayor and City Commission shall determine whether it will waive, by a five-sevenths (5/7) vote, the additional requirements under Ordnance No. 92-2783 equiring an advertised public bidding proces-/ and an independent ppraisal of the fair market rental value off he proposed lease. PASSED AND ADOPTED THI'. /• DAY OF Januar 9 4. MAYOR ATTEST: eiLaAA_ t,„, CITY CLERK FORM APPROVED LEGAL DEPT. By ^I Date /2' 30- 3 a:rja\bellsth.rso J 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. -get/ • TO: Mayor Seymour Gelber and DATE: January 5, 1994 Members of the Cit Commission • FROM: Roger M. Carlton City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION CALLING FOR A PUBLIC HEARING AS REQUIRED BY CITY OF MIAMI BEACH ORDINANCE NO. 92-2783 TO OBTAIN CITIZEN INPUT AS A PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BELLSOUTH MOBILITY, INC. FOR THE INSTALLATION OF A MINI CELLULAR SITE AT OLD CITY HALL, 1130 WASHINGTON AVENUE,9TH FLOOR,CITY RADIO SITE, MIAMI BEACH, FL 33139, FOR THE PURPOSE OF INCREASING AND IMPROVING CELLULAR COVERAGE TO ALL SOUTH BEACH USERS OF BELLSOUTH MOBILITY, INC. CELLULAR SERVICE. An agreement is being negotiated between the City of Miami Beach and BellSouth Mobility, Inc. to use the 9th Floor City Radio Site at Old City Hall to house a Mini Cellular Site. . In return, BellSouth Mobility, Inc. has agreed to pay the City of Miami Beach an annual fee of $6,200.00 plus applicable sales_tax the first year plus 5% increase for each subsequent year for a total of three years. The City has the option to renew the agreement under the same terms for an additional three years. The City can terminate this agreement by providing written request for such to BellSouth Mobility, Inc. Pursuant to Ordinance No. 92-2783 ("Shapiro Ordinance"), prior to entering into the proposed agreement, the Mayor and City Commission must hold a Public Hearing in order to obtain citizen input as to the same. The Ordinance also requires that prior to entering into the agreement, a Planning Department analysis regarding the proposed use is required, as well as an advertised public bidding process and'an independent appraisal of the fair market rental value of the property to be used. The latter two (2) requirements (Bid Process and Appraisal) may be waived by a 5/7 vote of the Mayor and _ City Commission upon a finding that the public interest would be served by waiving such conditions. It is therefore recommended that the Mayor and City Commission authorize and direct the City Clerk to schedule a Public Hearing to obtain citizen input as to the proposed agreement between the City and BellSouth Mobility, Inc. At such Public Hearing, pursuant to the additional requirements of Ordinance No. 92-2783,the Mayor and City Commission shall consider the Planning Department report regarding the proposed use, as well as determining, by a 5/7 vote, whether to waive the public bidding and appraisal requirements under the Ordinance. RMC/ar Attachment • 135 AGENDA ITEM R J DATE