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 ~
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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:
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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.
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