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2004-25606 ResoRESOLUTION NO. 2004-25606 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 28, 2004, TO HEAR PUBLIC COMMENT REGARDING (1) THE CONVEYANCE OF APPROXIMATELY 7,726 SQUARE FEET OF CITY-OWNED LAND CONTAINED IN LOTS 18, 29 AND 30 OF BLOCK 51, LOCATED BETWEEN WASHINGTON AVENUE ON THE EAST, BISCAYNE COURT TO THE NORTH, ALTON ROAD TO THE WEST AND SOUTH POINTE DRIVE TO THE SOUTH, IN MIAMI BEACH, FLORIDA TO TRG-ALASKA III, LLC, (2) THE CONVEYANCE OF APPROXIMATELY 450 SQUARE FEET OF THE EASTERN TIP OF THE CITY-OWNED LAND COMMONLY KNOWN AS THE FEDERAL TRIANGLE, SUBJECT TO FEDERAL GOVERNMENT APPROVAL, LOCATED ADJACENT TO THE COOK INLET REGION PROPERTY ADJACENT TO SOUTH POINTE PARK IN MIAMI BEACH, FLORIDA, TO TRG- ALASKA I, LTD., AND (3) THE VACATION OF APPROXIMATELY 4,653 SQUARE FEET OF THE SOUTHERN PORTION OF THE ALLEY KNOWN AS OCEAN COURT ON BLOCK 1, LOCATED BETWEEN OCEAN DRIVE ON THE EAST, FIRST STREET TO THE NORTH, COLLINS AVENUE TO THE WEST AND SOUTH POINTE DRIVE TO THE SOUTH, IN MIAMI BEACH, FLORIDA, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT; FURTHER TO CONSIDER WAIVER, BY 5/7THS VOTE, OF THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE; FINDING SAID WAIVER TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI BEACH. WHEREAS, East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West Side"), among others (collectively "the Portofino Entities"), initiated litigation against the City of Miami Beach (the "City") and the Department of Community Affairs, in various actions respectively claiming damages and rights under the Bert J. Harris Private Property Rights Protection Act, other civil rights violations and other relief in Florida Circuit Court Case No. 98-13274 CA 01 (30), and United States District Court Case No. 01- 4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-3283GM; and WHEREAS, some of the properties at issue in the litigation have been conveyed to one or more companies that are part of The Related Group (the "Related Entities"); and WHEREAS, the Mayor and City Commission have heretofore approved a "Term Sheet," settling in concept the above litigation, by Resolution No.2004-25509, adopted on February 25, 2004. Pursuant to the Term Sheet, the Related Entities and Portofino Entities have participated in a collaborative process including neighborhood residents and representatives, and City staff and consultant Alex Cooper, to prepare a Concept Plan to implement the settlement terms; and WHEREAS, on May 26, 2004, the City Commission referred the Concept Plan to the Design Review Board and Planning Board, for review and recommendation; and WHEREAS, the City Commission further authorized the Administration to execute owner affidavits for those applications filed pursuant to the Term Sheet that involve City- owned land; and WHEREAS, as part of today's agenda, the Concept Plan is being considered along with the Settlement Agreement and there are various amendments to the Land Development Regulations and the Comprehensive Plan, collectively, which are necessary to implement the terms of the Settlement Agreement; and WHEREAS, this Resolution authorizes and sets the public hearing to consider the conveyance of City-owned land and the Vacation of Alley, as contemplated in the Settlement Agreement; and WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale (which includes conveyance) or lease of City-owned property, provides that the conveyance of any City-owned property, requires the following: · a public bidding process; · a Planning Department analysis; · an independent appraisal to determine the value of the leasehold interest; · a public hearing to obtain citizen input; and WHEREAS, Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions; and WHEREAS, there is also requirement that there be a minimum fifteen (15) day advertised notice advising of the public hearing. In order to enable the Mayor and City Commission to hold the public hearing in a timely manner, the Administration is recommending that the date for said public hearing be set at this time; and WHEREAS, pursuant to the City's requirements for Vacation of Alleys, Easements and City Rights of Way, the requirements of Section 82-39 of the Miami Beach City Code also apply in considering the vacation of the alley and finding said vacation to be in the best interest of the general public's welfare; and WHEREAS, based on the foregoing, the Administration recommends that the Mayor and City Commission set the public hearing for July 28, 2004, to consider the proposed conveyance of City-owned land and vacation of alley, in accordance with the terms of the Settlement Agreement and proposed waiver of the competitive bidding and appraisal requirement; finding said waiver to be in the best interest of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission, set a public hearing on July 28, 2004, to hear public comment regarding (1) the conveyance of approximately 7,726 square feet of city-owned land contained in lots 18, 29 and 30 of block 51, located between Washington Avenue on the east, Biscayne Court to the north, Alton Road to the west and South Pointe Drive to the south, in Miami Beach, Florida to TRG-Alaska III, LLC, (2) the conveyance of approximately 400 square feet of the eastern tip of the city-owned land commonly known as the Federal Triangle, subject to federal government approval, located adjacent to the Cook Inlet Region property adjacent to South Pointe Park in Miami Beach, Florida, to TRG-Alaska I, LTD., and (3) the vacation of approximately 4,653 square feet of the southern portion of the alley known as Ocean Court on Block 1, located between Ocean Drive on the east, First Street to the north, Collins Avenue to the west and South Pointe Drive to the south, in Miami Beach, Florida, pursuant to the terms of the Settlement Agreement; further to consider waiver, by 5/7tbs vote, of the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code; finding said waiver to be in the best interest of the City of Miami Beach. PASSED AND ADOPTED this 7th_ day of MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION cif'f A~TbRNEY ~ JMG\CMC\rar T:~AG EN DA~2004~Jul0?04\RegulartPortofi noConveyanceOfLand PH.RES.DOC DATE~ Condensed Title: CI'IY OF MIAMI BEACH COMVIISSION ITEM SUMMARY A Resolution setting a Public Hearing on July 28, 2004, to hear public comment regarding (1) the conveyance of approximately 7,726 square feet of City-owned land contained in Lots 18, 29 and 30 of Block 51, to TRG-Alaska III, LLC, (2) the conveyance of approximately 450 square feet of the eastern tip of the City-owned land commonly known as the Federal Triangle, subject to Federal Government approval, to TRG-Alaska I, LTD., and (3) the vacation of approximately 4,653 square feet of the southern portion of the alley known as Ocean Court on Block 1, in Miami Beach, Florida, pursuant to the terms of the Settlement Agreement; further to consider waiver, by 5/7ths vote, of the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code; finding said waiver to be in the best interest of the City of Miami Beach. Issue: Should the Mayor and City Commission adopt the attached Resolution which authorizes and sets the public hearing to consider the conveyance of City-owned land and the Vacation of Alley, as contemplated in the Settlement Agreement? Item Summary/Recommendation: The Mayor and City Commission have heretofore approved a "Term Sheet," settling in concept litigation, by Resolution No.2004-25509, adopted on February 25, 2004. Pursuant to the Settlement Terms the conveyance of certain City-owned property is required. Section 82-39 of the Miami Beach City Code, governing the sale (which includes conveyance) or lease of City-owned property, provides that the conveyance of any City-owned property, requires the following: a) a public bidding process; b) a Planning Department analysis; c) an independent appraisal to determine the value of the leasehold interest; and d) a public hearing to obtain citizen input. Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. There is also requirement that there be a minimum fifteen (15) day advertised notice advising of the public hearing. Pursuant to the City's requirements for Vacation of Alleys, Easements and City Rights of Way, the requirements of Section 82-39 of the Miami Beach City Code also apply in considering the vacation of the alley and finding said vacation to be in the best interest of the general public's welfare. Advisory Board Recommendation: Design Review Board - June 15, 2004 - Approval P ann ng Board - June 22, 2004 - Approval Financial Information: FinanceDept. !i!ii!!i!!!!!T~t~!l!!!!!!!!!!!i!!!!!!!!!!!!!! City Clerk's Office Legislative Tracking: IChristina M. Cuervo n-Offs: T:~AGENDA~2004~Jul0704\Regular~PortoflnoConveyanceOfLand PH.SUM.DO~d~~'~ AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: July 7, 2004 From: Subject: Jorge M. Gonzalez (~ ~ City Manager ~ '-' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 28, 2004, TO HEAR PUBLIC COMMENT REGARDING (1) THE CONVEYANCE OF APPROXIMATELY 7,726 SQUARE FEET OF CITY- OWNED LAND CONTAINED IN LOTS 18, 29 AND 30 OF BLOCK 51, LOCATED BETWEEN WASHINGTON AVENUE ON THE EAST, BISCAYNE COURT TO THE NORTH, ALTON ROAD TO THE WEST AND SOUTH POINTE DRIVE TO THE SOUTH, IN MIAMI BEACH, FLORIDATO TRG-ALASKA III, LLC, (2) THE CONVEYANCE OF APPROXIMATELY 450 SQUARE FEET OF THE EASTERN TIP OF THE CITY-OWNED LAND COMMONLY KNOWN AS THE FEDERAL TRIANGLE, SUBJECT TO FEDERAL GOVERNMENT APPROVAL, LOCATED ADJACENT TO THE COOK INLET REGION PROPERTY ADJACENT TO SOUTH POINTE PARK IN MIAMI BEACH, FLORIDA, TO TRG-ALASKA I, LTD., AND (3) THE VACATION OF APPROXIMATELY 4,653 SQUARE FEET OF THE SOUTHERN PORTION OF THE ALLEY KNOWN AS OCEAN COURT ON BLOCK 1, LOCATED BETWEEN OCEAN DRIVE ON THE EAST, FIRST STREET TO THE NORTH, COLLINS AVENUE TO THE WEST AND SOUTH POINTE DRIVE TO THE SOUTH, IN MIAMI BEACH, FLORIDA, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT; FURTHER TO CONSIDER WAIVER, BY 5/7THS VOTE, OF THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE; FINDING SAID WAIVER TO BE IN THE BEST INTEREST OF THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West Side"), among others (collectively "the Portofino Entities"), initiated litigation against the City of Miami Beach (the "City") and the Department of Community Affairs, in various actions respectively claiming damages and rights under the Bert J. Harris Private Property Rights Protection Act, other civil rights violations and other relief in Florida Circuit Court Case No. 98-13274 CA 01 (30), and United States District Court Case No. 01-4921-ClV-Moreno, and July 7, 2004 Commission Memorandum Portofino Conveyance of Land Page 2 of 3 Florida Division of Administrative Hearings Case No. 02-3283GM. Some of the properties at issue in the litigation have been conveyed to one or more companies that are part of The Related Group (the "Related Entities"). The Mayor and City Commission have heretofore approved a "Term Sheet," settling in concept the above litigation, by Resolution No.2004-25509, adopted on February 25, 2004. Pursuant to the Term Sheet, the Related Entities and Portofino Entities have participated in a collaborative process including neighborhood residents and representatives, and City staff and consultant Alex Cooper, to prepare a Concept Plan to implement the settlement terms. On May 26, 2004, the City Commission referred the Concept Plan to the Design Review Board and Planning Board, for review and recommendation. The City Commission further authorized the Administration to execute owner affidavits for those applications filed pursuant to the Term Sheet that involve City-owned land. In today's agenda, the Concept Plan is attached as part of the Settlement Agreement and there are various amendments to the Land Development Regulations and the Comprehensive Plan, collectively, which are necessary to implement the terms of the Settlement Agreement. The attached Resolution authorizes and sets the public hearing to consider the conveyance of City-owned land and the Vacation of Alley, as contemplated in the Settlement Agreement. Section 82-39 of the Miami Beach City Code, governing the sale (which includes conveyance) or lease of City-owned property, provides that the conveyance of any City- owned property, requires the following: · a public bidding process · a Planning Department analysis · an independent appraisal to determine the value of the leasehold interest · a public hearing to obtain citizen input Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. There is also requirement that there be a minimum fifteen (15) day advertised notice advising of the public hearing. In order to enable the Mayor and City Commission to hold the public hearing in a timely manner, the Administration is recommending that the date for said public hearing be set at this time. Pursuant to the City's requirements for Vacation of Alleys, Easements and City Rights of Way, the requirements of Section 82-39 of the Miami Beach City Code also apply in considering the vacation of the alley and finding said vacation to be in the best interest of the general public's welfare. July 7', 2004 Commission Memorandum Portofino Conveyance of Land Page 3 of 3 Based on the foregoing, the Administration recommends that the Mayor and City Commission set the public hearing for July 28, 2004, to consider the proposed conveyance of City-owned land and vacation of alley, in accordance to the terms of the Settlement Agreement and proposed waiver of the competitive bidding and appraisal requirement; finding said waiver to be in the best interest of the City. JMO\C~\rar T:~AGENDA~004~Jul0704\Regular~PortofinoConveyanceOfLand PH.CM.DOC