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HomeMy WebLinkAbout2003-25106 Reso RESOLUTION NO. 2003-25106 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NQTICED PUBLIC HEARING TO OBTAIN CITIZEN INPUT ON SAME, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE LEASE AGREEMENTS, EACH FOR A TERM OF TWO YEARS, BETWEEN THE CITY OF MIAMI BEACH AND 1) ARTS AND BUSINESS COUNCIL OF MIAMI, INC., FOR THE USE OF APPROXIMATELY 97 SQUARE FEET OF OFFICE SPACE; 2) CHILDREN'S CULTURAL COALITION OF DADE COUNTY, INC., FOR THE USE OF APPROXIMATELY 98 SQUARE FEET OF OFFICE SPACE; AND 3) FLORIDA DANCE ASSOCIATION, INC., FOR THE USE OF APPROXIMATELY 464 SQUARE FEET OF OFFICE SPACE; ALL AT THE CITY-OWNED BYRON CARLYLE THEATER, LOCATED AT 500 71ST STREET, MIAMI BEACH, FLORIDA; EACH LEASE AGREEMENT FOR A TERM OF TWO (2) YEARS, COMMENCING ON FEBRUARY 1,2003, AND ENDING ON JANUARY 30, 2005; FURTHER WAIVING, BY 5nTHS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY WHEREAS, on October 17, 2001, the Mayor and City Commission adopted Resolution No. 2001-24630 approving Lease Agreements with Arts and Business Council of Miami, Inc.; Children's Cultural Coalition of Dade County, Inc.; and Florida Dance Association, Inc., at the City-owned Byron Carlyle Theatre, located at 500 71st Street, Miami Beach, Florida; and WHEREAS, each of the four Lease Agreements was for a term of 364 days, commencing on February 1, 2002, and ending on January 30, 2003; and WHEREAS, Arts and Business Council of Miami, Inc.; Children's Cultural Coalition of Dade County, Inc. and Florida Dance Association, Inc. have each requested to enter into new lease agreements for a term of two (2) years, commencing on February 1, 2003, and ending on January 31,2005; and WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, requires a public bidding process; a Planning Department analysis; and an independent appraisal to determine the value of the leasehold interest; as well as 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, for leases of City land of five (5) years or less, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions; and WHEREAS, on December 11, 2002, the Mayor and City Commission adopted Resolution No. 2002-25078 setting a Public Hearing on January 8, 2003, to hear public comment regarding the proposed lease agreements; and WHEREAS, the Administration has determined that leasing portions of the Byron Carlyle Theatre to the Arts and Business Council of Miami, Inc.; Children's Cultural Coalition of Dade County, Inc. and Florida Dance Association, Inc. would lend continued support to the cultural arts community and be in the best interest of the City of Miami Beach. 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 of the City of Miami Beach, Florida, following a duly noticed Public Hearing to obtain citizen input on same, authorize the Mayor and City Clerk to execute three (3) lease agreements, each for a term of two years, between the City of Miami Beach and 1) Arts and Business Council of Miami, Inc., forthe use of approximately 97 square feet of office space; 2) Children's Cultural Coalition of Dade County, Inc., for the use of approximately 97 square feet of office space, and 3) Florida Dance Association, Inc., for the use of approximately 464 square feet of office space; all at the city-owned Byron Carlyle Theater, located at 500 71st Street, Miami Beach, Florida; each lease agreement for a term of two (2) years, commencing on February 1, 2003, and ending on January 30, 2005; further waiving, by 5/7ths vote, the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code, finding such waiver to be in the best interest of the City. PASSED and ADOPTED this 8th ATTEST: ~~i~dw-- JMG\CMC\JD\rlr F:\DDHP\$ALL\ASSE1\BYRONCAR\4Leases.Res.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A II ~MlIl A 01. 1'1."- rGl.- r1l./ ~~- '--.------ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: A Resolution Authorizing The Mayor And City Clerk To Execute Three Lease Agreements, Each For A Term Of Two Years, Between The City And 1) Arts And Business Council Of Miami, Inc., For The Use Of Approximately 97 Square Feet Of Office Space; 2) Children's Cultural Coalition Of Dade County, Inc., For The Use Of Approximately 98 Square Feet Of Office Space; And 3) Florida Dance Association, Inc., For The Use Of Approximately 464 Square Feet Of Office Space; All At The Byron Carlyle Theater; Each For A Term Of Two (2) Years, Commencing On February 1, 2003, And Ending On January 30, 2005; Further Waiving, By 5!7ths Vote, The Competitive Bidding And Appraisal Requirements; As Required By Section 82-39 Of The City Code, Finding Such Waiver To Be In The Best Interest Of The CitV. Issue: Shall the Mayor and City Commission Approve the Three Lease Agreements and Waive the Competitive Bidding and Appraisal Requirements? Item Summary/Recommendation: The Administration recommends the Approval of the Three Lease Agreements and Waiver of the competitive bidding and appraisal requirements. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: D Finance Dept. City Clerk's Office Legislative Tracking: I Christina M. Cuervo F:\DDHP\$ALL\ASSET\BYRONCAR\4Leases.sum.doc AGENDA ITEM DATE R7L /-'1>-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Date: January 8, 2003 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez J. ~ City Manager U ,.,- 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING TO OBTAIN CITIZEN INPUT ON SAME, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THREE LEASE AGREEMENTS, EACH FOR A TERM OF TWO YEARS, BETWEEN THE CITY OF MIAMI BEACH AND 1) ARTS AND BUSINESS COUNCIL OF MIAMI, INC., FOR THE USE OF APPROXIMATELY 97 SQUARE FEET OF OFFICE SPACE; 2) CHILDREN'S CULTURAL COALITION OF DADE COUNTY, INC., FOR THE USE OF APPROXIMATELY 98 SQUARE FEET OF OFFICE SPACE; AND 3) FLORIDA DANCE ASSOCIATION, INC., FOR THE USE OF APPROXIMATELY 464 SQUARE FEET OF OFFICE SPACE; ALL AT THE CITY-OWNED BYRON CARLYLE THEATER, LOCATED AT 500 71ST STREET, MIAMI BEACH, FLORIDA; EACH LEASE AGREEMENT FOR A TERM OF TWO (2) YEARS, COMMENCING ON FEBRUARY 1,2003, AND ENDING ON JANUARY 30,2005; FURTHER WAIVING, BY 5nTHS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On October 17, 2001, the Mayor and City Commission adopted Resolution No. 2001- 24630 approving Lease Agreements with Arts and Business Council of Miami, Inc., Children's Cultural Coalition of Dade County, Inc., Florida Dance Association, Inc. and North Beach Development Corporation, for the use of office space at the City-owned Byron Carlyle Theatre, located at 500 71 st Street, Miami Beach, Florida. Each of the four Lease Agreements was for a term of 364 days, commencing on February 1, 2002, and ending on January 30, 2003. Arts and Business Council of Miami, Inc., Children's Cultural Coalition of Dade County, Inc. and Florida Dance Association, Inc. have each requested to enter into new lease agreements. In light of the City's need to undertake unanticipated repairs on the Byron Carlye, and support the City in its quest to complete the project and bring the Theatre on-line as soon as possible, NBDC's Executive Committee has opted to pursue leasing of permanent office space at an alternate location in the North Beach area. If successful, they would vacate the Byron Carlyle in early January 2003, and not return at the completion of the project. In the spirit of the original understanding of the parties, the Administration is prepared to recommend a renewal term of two (2) years, commencing on February 1 , 2003, and ending on January 30, 2005, for the remaining three cultural organizations. Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, requires a public bidding process, a Planning Department analysis, and an independent appraisal to determine the value of the leasehold interest; as well as 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, for leases of City land of five (5) years or less, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. On December 11, 2002, the Mayor and City Commission adopted Resolution No. 2002- 25078 setting a Public Hearing on January 8, 2003, to hear public comment regarding the proposed lease agreements. Therefore, the Administration recommends that the Mayor and City Commission, following a duly noticed public hearing to obtain citizen input on the same, authorize the Mayor and City Clerk to execute three lease agreements, each for a term of two years, between the City of Miami Beach and 1) Arts and Business Council of Miami, Inc., for the use of approximately 97 square feet of office space; 2) Children's Cultural Coalition 'of Dade County, Inc., for the use of approximately 97 square feet of office space; and 3) Florida Dance Association, Inc., forthe use of approximately 464 square feet of office space; all at the Byron Carlyle Theater, located at 500 71st Street, Miami Beach, Florida; further waiving, by 5/7ths vote, of the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code. JMG\CMC\JD\rlr F:\DDHP\$ALL\ASSET\BYRONCAR\4Leases.Mem.doc CITY OF MIAMI BEACH Planning Department Interoffice Memorandum m To: From: Cristina M. Cuervo Assistant City Manager Jorge G. Gomez .Jtf-- Planning Director Date: December 9, 2002 Subject: PLANNING ANALYSIS PURSUANT TO SHAPIRO ORDINANCE The following is the Planning analysis pursuant to Section 82-38 of the City Code for the use of office space in the lobby area of the Byron Carlyle Theater, which is owned by the City. This analysis is for the leases to: Arts and Business Council of Miami, Inc. Children's Cultural Coalition of Dade County, Inc. Florida Dance Association, Inc. North Beach Development Corporation approximately 97 sq. ft. approximately 98 sq. ft. approximately 464 sq. ft. approximately 651 sq. ft. 1. Whether or not the proposed ordinance is in keeping with City Goals and objectives and conforms to the Comprehensive Plan. The use contemplated in the above mentioned leases are not inconsistent with Comprehensive Plan and can further promote community services and cultural enhancements. 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. 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 the 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. The proposed uses are not expected to have any detrimental impact on any adjacent properties, as those existing uses may continue to exist in the same locations. The same analysis would apply to the prospective uses in a former movie theater, where office use in such small areas of the existing structure is not foreseen to have any increase in traffic or other infrastructure needs. Byron-Carlyle space rental November 25, 2002 Page 2 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the City's revenue base, reducing City costs, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Yes, it is in keeping with the two criteria, which may assist in improving the quality of life of the community. Public purpose: promoting and supporting the cultural arts and the community. Community needs - low-cost in appropriately sized blocks of office space for non-profit arts groups and community-based groups. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views, or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the project. The lease agreements for office space are within an existing structure and the uses are expected to create environmental intrusions or be detrimental to the aesthetics of the project or the community. 5. The Impact on adjacent properties, whether or not there is adequate parking, street and Infrastructure needs. The leases for office use do not create an impact, as all those needs are being met, by the former use of a movie theater in the existing space. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether the project could be accomplished under a private-ownership assembly. It is possible that the rental of office space could be accomplished in other places within the City; however it is possible that the public purpose may be adversely impacted by the higher cost of rental spaces, and the unaffordability factor for these community service organization. 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. The retum to the City is the continued existence and success of cultural arts and community service groups and facilities. Other issues not applicable. 8. Such other issues as the Planning Department may deem appropriate in analysis of the proposed disposition. None. JGG/MUSF F:\PLAN\$ALL\Shapiro amend files\Byron Carlyle space rental.doc 1'.6'~!i~' CfTYOFp.t'AMI BEACH ' Cf NonCE OF APUBLlC HEARING I NOnCE IS HEREBY given that a public hearing will be ~kfbf CommIssIon of lh8 City'9f Miami BeacIl' Inlhe CQmmlssion ... ". .". ~ floor, City Hall, 1700 ConwntlOneentir DrI!ooa;MlamI~, 15 -~JeIlUliry 8, 2003 at 11:41) ..m:, to "'PiIb!IC' I /8gIIdng fourpropoeed .. ~, each for a ~,OftwO,." ... bIIvIlleolhecayGfMflmlf.llNlchapd")Af18l1!1d~~(f ..., ~Inc;. tJ(1r!e,*,.~ ~ 97.~ Ieit olp!lfce ~~ ...' c:oeIIllOri of OadeCounty, me;, for lie use of , >iIrll..~Of.spaoe;3)FIorkIa Danc8Assod11ticln. Inc. for" ~ ~.Y464 square feel ,of offlce.,epece. and 4)NorIft a: DM/opment (.':Orporatlon for the use of approximately 651 ~ oIlIce space; all at the- Byron Carlyle Theat,r. Jocated at ... Miami Seach. f-1ofIda; further to COIIsider Wa/wt, . by 5I7th campetilI\Ie bidding and &ppraIsar ~; as required bY" 39 of IheMIaml Beach City Code. . . .' .... ~'E o o 'a .....U 'il1ay be dIr!Icfed to the Asset Management at (306) . "'/':,c>'!il\fJ : AU. INTERESTED PARTIES arehivttedto appear at thiS~. '. · . rtIpAlItnIed by an agent, or to express lhefr vIeWs in writing addl ill It, .c City Commission, c/o !he City Cr$l'k. 1700 CorMlntlon Center :~~;?=~~~n:;. . Robert e.""'r, ciy ~, . <.;.., I '!~7;;~~~=..::~~~\;<;or , Commission WI. 'th respect. to any matter COII8Idered at its me8tfno. Pr.. Ita. F= hearing, such person must ensure that a vedlatim record 01 !he pt~ is made, which record includes the testimony and evidence upon Wbict!'fie · appeal is to be based. This notice does.not constitute consent by the CIlY fOr :II the Introduction or admission of otherwise Inadmissable or .lrre18Vllllt evidence, nor does it authorize challengas or appeals not otherwllS8 a80wscl by. " In IlCCOIdanoe with !he Amertc;ans with DlsablIIties Act 011990, P8/SOIl8 fMllIl!Ing 8lI8CIII accommodaIion to participate in Ihis Proceeding should i:llnIact the Clly CIerk'8 olIIcI no later Ihan four days Prior to the Proceed"mg. Telephone (305) 673-7411 lor lI88i8lIInCe:. hearing Impaired, telephone !he Florida Relay Service numbers, (800) 9S5-8rn (TOO) or (800) 955-8770 (VOICE), lor assistance.