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2010-3677 OrdinanceORDINANCE NO. 2010-3677 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE 1, "IN GENERAL," BY ENACTING A NEW SECTION 118-6, ENTITLED "USE OF, AND COST RECOVERY FOR, CONSULTANTS FOR APPLICATIONS FOR DEVELOPMENT APPROVAL," REQUIRING APPLICANTS REQUIRED TO SUBMIT TRAFFIC AND OTHER TECHNICAL REPORTS AS PART OF THEIR APPLICATIONS TO FUND REPORT PREPARATION BY CONSULTANTS SELECTED FROM ACITY- APPROVED LIST, IN ADDITION TO ANY CONSULTANT REPORTS THE APPLICANT DESIRES TO SUBMIT, AND TO REQUIRE COST RECOVERY FOR CITY'S USE OF CONSULTANTS NEEDED TO REVIEW REPORTS SUBMITTED WITH SUCH APPLICATIONS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the hiring of experts and consultants by applicants in support of applications for development approval, to provide traffic studies and other technical reports in support of the application, has become commonplace; and WHEREAS, citizens involved in the development approval process are at a disadvantage in evaluating and commenting upon expert reports, and presenting competing evidence and testimony to the City's land use boards and City Commission; and WHEREAS, when the applicant hires a consultant (such as a traffic engineer) to provide a study required by City staff, both the applicant (to prepare the study), and the City (to hire a consultant) expend funds and valuable staff time (to review the study's sufficiency, accuracy and implications); and WHEREAS, this duplicative use of experts and consultants can be reduced if the City identifies qualified professionals that both applicants and the City can rely upon for preparation of studies, or which City staff can utilize without the need for further consultant verification and review: and WHEREAS, this Ordinance establishes a procedure by which the City can maintain a list of approved consultants that would prepare studies and reports on applications for development approval, which would be paid for by applicants, thus eliminating and/or reducing the duplication of cost and expense (as a result of applicants and the City both hiring their own consultants); and WHEREAS, in those instances where the applicant chooses to hire its own consultant, or where sufficient expertise or time is not available within City staff to review the consultants' report, in order for the City to properly evaluate the sufficiency, accuracy and implications of the studies, then this Ordinance also establishes a procedure whereby the applicant covers the cost of the City's hiring and use of a consultant for study review as well; and WHEREAS, the Land Use Committee considered this matter at its meeting of February 9, 2009, and recommended referring the Ordinance to the Planning Board, which referral was adopted by the City Commission on February 25, 2009; and WHEREAS, the Planning Board considered this Ordinance at its meeting of October 27, 2009, and recommended approval; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND MEMBERS OF THE COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION ONE. Chapter 118 of the Land Development Regulations, Part II, of the Code of the City of Miami Beach, is hereby amended by the addition of a new Section 118-6 as follows: Sec. 118-6. Use Of, And Cost Recovery For, Consultants For Applications For Development Approval. ~ Purpose and Summary. The City Commission declares that new procedures are required to provide for preparation and review of traffic and other technical studies and/or reports to restore and instill confidence in the development approval process. Further, such new procedures are necessary to confirm that adverse effects of development are adequately evaluated for property owners, citizens, residents and taxpayers in the City of Miami Beach. The new procedures will provide for the creation and maintenance of an approved list of qualified consultants to provide impartial expertise for preparation and/or review of studies and reports required for assessment of impacts of applications for development approval, upon which applicants for development approval, affected citizens, and the City can rely. Consultant list. The City's Procurement Division shall maintain a list of approved consultants of various specialties available to prepare and/or review studies and reports required for applications for development approval. ~ For purposes of this Section, "Application for development approvaP' shall mean any application for approval by a City land use board (Planning Board, Board of Adjustment, Historic Preservation Board, Design Review Board). Requirements for selection of a City consultant and procedures for payment. Prior to the applicant submitting an application for development approval, the applicant shall meet with City staff to determine the types of studies and/or reports required for the proposed project as well as the methodology to be followed as part of the production of the study. When an applicant is required to submit, as part of an application for development approval, a traffic or any other technical study and/or report, the applicant may elect either: A. to authorize the City to commission the study/report, to be prepared by a City-approved consultant, selected by City staff from the approved list maintained by the Procurement Division; or, B. to prepare a required study/report using its own consultant. ii If an applicant elects to prepare a required study/report using its own consultant then the City shall review the study/report, and shall retain a consultant from the City's approved list having the necessary expertise to perform such review. The applicant shall be responsible for all costs associated with the City's consultant review, and shall pay for the costs associated with the City's consultant review prior to proceeding to approval of the application by the applicable land use board. However if the applicant elects to authorize the City to commission the study/report to be prepared by aCity-approved consultant, selected by City staff from the approved list maintained by the Procurement Division, then the applicant shall only be responsible for the costs associated with the consultant's preparation of the study/report; no additional consultant review fees shall be required. iii If an applicant elects to authorize the City to retain a consultant from the City's approved list for the preparation of a required study and/or report, then the procedure shall be as follows: A. City staff shall select a qualified consultant from the City's approved list (i.e. with the required knowledge, skill and/or expertise required for the particular study/report). B. City staff shall obtain a quote from the selected consultant for the particular study/report and shall transmit same to applicant. C. The quote shall be based on fair market value and include a "not to exceed" amount that is inclusive of all charges and fees, as required to prepare and complete the work. D. If applicant accepts the quote and elects to proceed with the work using the City's consultant then, prior to commencement of any work by the selected consultant, City staff shall require the applicant to deposit with the City an amount equal to the "not to exceed" amount of the quoted cost. E. The City shall earn no additional fee as a result of applicant's use of the approved consultant. F. Notwithstanding anything in this Section, the applicant shall be solely responsible for all costs and fees associated with the consultant's preparation of the required study/report (including, without limitation, the consultant's fee). iv If an applicant elects to prepare a required study/report using its own consultant then the City shall retain a consultant from the City's approved list having the necessary expertise and time to review the study/report. ~ The procedures for selection of, and payment for, a City consultant retained under subsecti on (iv) above shall be the same as those for selection/payment of a City consultant by an a pplicant, as set forth in subsection (d)(iii)(A)-(F) with the applicant bein g solely responsible for payment of any and all costs and fees associated with the City consultant's review (of a pplicant's study/report). e. In no event shall the City be held liable, whether to applicants and/or third parties, for any work and/or services rendered by any consultant on the City's approved list, and/or otherwise in connection with a consultant's preparation or review of any study and/or report contemplated herein. SECTION TWO. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION THREE. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION FOUR. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this /!J day of ~l~.c r/LC~ , 2010. ATTEST: , ~~~~ MAY R Clit, CITY CLERK First Reading: February 3, 2010 Second Reading: March 10, 2010 Ve ~ ied y: n Acti Planning Director T:WGENDA\2010\March 10\Regular\Consultant Fee ORD CC 3-10.doc APPROVED AS TO FORM AND LANGUAGE $FOR EXECUTION . ~ :~~ r ~' Attorney ~~ Date 4 Condensed Title: COMMISSION ITEM SUMMARY A Proposed Ordinance Amendment requiring applicants required to submit traffic and other technical reports as part of their applications to fund report preparation by consultants selected from acity- approved list, in addition to any consultant reports the applicant desires to submit, and to require cost recovery for city's use of consultants needed to review reports submitted with such applications. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission adopt the proposed ordinance amendment requiring cost recovery for city's use of consultants needed to review reports submitted with development approval applications. Item SECOND READING PUBLIC HEARING The proposed ordinance would provide for the use of City-approved consultants in the preparation and/or review of reports and studies in connection with applications for development approval, defined as an application seeking approval from one of the four City land use boards, and would require cost recovery for city's use of consultants needed to review reports submitted with such applications. The City Commission approved the Administration/Planning Board version of the Ordinance on February 3, 2010. The Administration recommends that the City Commission adopt the ordinance. aavisory tsoara rtecommenaation: The Land Use and Development Committee considered this matter at its meeting of February 9, 2009, and referred the Ordinance to the Planning Board, The Committee voted to express their preference for the concept of requiring applicants to commission required studies through the City's staff and an approved consultants list. The Planning Board reviewed the proposed ordinance at the October 27, 2009 meeting, and voted to recommend a version of the ordinance that gave applicants the option of either hiring their own consultant, or commissioning the required study through the City staff and the approved list. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Not Applicable Office Legislative Tracking: Richard Lorber E M I AIV~ I B EAC H AGENDA STEM ~ DATE 3-10-1 ~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager j ~~1~ SECOND READING DATE: March 10, 2010 ~ PUBLIC HEARING Sus~ECT: Ordinance Amendment - Consul~"nt Review Fee Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE 1, "IN GENERAL," BY ENACTING A NEW SECTION 118-6, ENTITLED "USE OF, AND COST RECOVERY FOR, CONSULTANTS FOR APPLICATIONS FOR DEVELOPMENT APPROVAL," REQUIRING APPLICANTS REQUIRED TO SUBMIT TRAFFIC AND OTHER TECHNICAL REPORTS AS PART OF THEIR APPLICATIONS TO FUND REPORT PREPARATION BY CONSULTANTS SELECTED FROM A CITY-APPROVED LIST, IN ADDITION TO ANY CONSULTANT REPORTS THE APPLICANT DESIRES TO SUBMIT, AND TO REQUIRE COST RECOVERY FOR CITY'S USE OF CONSULTANTS NEEDED TO REVIEW REPORTS SUBMITTED WITH SUCH APPLICATIONS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance BACKGROUND The Land Use Committee considered this matter at its meeting of February 9, 2009 at the request of former Commissioner Gross, and recommended referring the Ordinance to the Planning Board, which referral was adopted by the City Commission on February 25, 2009 (see attached memo and afteraction). The original concept behind the proposed ordinance had been under consideration for some time, and was to address the costs that the City's Public Works Department was incurring in order to have traffic studies associated with Land Use Board applications reviewed by an independent consultant. Applicants before the City's Planning Board, Board of Adjustment, Design Review Board and Historic Preservation Board (collectively, the "Land Use Boards") must often hire experts and consultants in support of applications for development approval, to provide traffic studies and other technical reports, as part of the review process. In recent years, staff of the Planning Department has worked together with the Public Works Department's Transportation staff to review these studies. Most often, the studies are forwarded to one of several outside City Commission Memorandum Ordinance Amendment -Consultant Review Fees March 10, 2010 Page 2 consultants on hire with the Public Works Department for such work, and the City's traffic consultant reviews the applicant's traffic study for accuracy and correctness. Comments from this review can then be included in Planning Board staff reports, and the City's consultant can attend the public hearings in order to answer any questions with regard to the traffic study and its conclusion. However, the cost to the City of the consultant review was not included in the application fee, and these costs have mounted to the point where cost recovery must be considered. The original intent of the ordinance was to require applicants to cover the costs associated with the City's consultant review. Subsequently, the concept was expanded further, primarily in a proposal by former Commissioner Gross, in a memorandum to the City Manager dated January 6, 2009 (see attached). This focused upon the perception that privately hired consultants working directly for the applicant may tailor professional reports in such a way to paint projects in a more favorable light. This concept would require applicants to commission required reports through the City, with City staff selecting the consultant from a list of previously approved professionals. Interaction between the applicant and the consultant would be eliminated except for the payment of the cost of the study. LAND USE AND DEVELOPMENT COMMITTEE The Land Use and Development Committee again considered this matter at its meeting of October 26, 2009, and recommended referring the Ordinance to the Planning Board; the Committee voted to express their preference for the concept of requiring applicants to commission required studies through the City's staff and an approved consultants list, or what is now titled as the "LUDC version" of the ordinance to the Planning. PLANNING BOARD ACTION At the October 27, 2009 meeting the Planning Board reviewed the proposed ordinance, and expressed some concern over the technicalities of the LUDC version. The Board voted 5-2 (Kruszewski and Stolar against).to recommend a version of the ordinance that gave applicants the option of either hiring their own consultant, or commissioning the required study through the City staff and the approved list. This concept is now titled the "Planning Board/Administration version" of the ordinance. The Board's concerns regarding the LUDC version focused how the mechanics of the mandated commissioning of the required consultant study through the City staff would work in practice. There was general agreement that having the approved list of consultants prepared and available was a good idea, but questions about who would actually be responsible for choosing the consultant, and especially about negotiating the price to be charged for the study. A major concern expressed was over third-party liability, whether or not the consultant's professional liability insurance would extend to the applicant in cases where errors in the report or its recommendations resulted in claims. The Board also felt that aspects of the requirements could result in lengthy delays in the approval process, as the steps required could extend over several weeks. CITY COMMISSION ACTION At the February 3, 2010 meeting, the City Commission reviewed the proposed ordinance, and approved the "Planning Board/Administration version" of the ordinance City Commission Memorandum Ordinance Amendment -Consultant Review Fees March 10, 2010 Page 3 upon first reading. Therefore, this is the version that is now under consideration today and analyzed in the analysis below. ANALYSIS The proposed ordinance achieves the desired goal of cost recovery, assigning the costs associated with the City's consultant review of expert studies to the applicant. Likewise, it codifies the requirement that City staff is to formulate the requirements and parameters of the required studies at the beginning of the process. Under the proposed ordinance, when areport/study is required, the applicant may choose one of two options. Either (1) authorize City staff to commission the study/report, to be prepared by aCity-approved consultant, selected by City staff from the approved list, or, (2) hire their own consultant to do the study/report. If the applicant chooses option 2, hiring their own consultant, then they are also responsible for paying for the City to hire a consultant from the approve list to thoroughly review the applicant's submitted study. Subsequent reports and submittals would also be required to be reviewed by the City's consultant at the cost of the applicant. However, if the applicant chooses option 1 and authorizes City staff to commission the report from the approved list, the applicant is only responsible for the cost of that report. The applicant would not be required to pay for review of that report, as it was prepared independently by the City's consultant and would not require independent review. This approach, while allowing applicants flexibility to choose, would seem to provide enough of a financial incentive to encourage applicants to choose option 1 and the City consultant, as they would only be paying for one study, and not the study and then one or more reviews. Staff believes that cost recovery is the most important feature of the proposal. The ordinance contains a built-in economic incentive to use the City's consultant from the approved list. Currently, the City has an existing roster of approved consultant firms, and a new RFP is currently underway to update that list with a variety of engineering firms that would be qualified for this type of work. Staff believes that the ordinance could be implemented quickly, using the existing consultant list, and a new list when the RFP process is completed. The creation of a uniform fee schedule for applicants, based upon the size and scope of the required reports, will most likely take additional time to develop. Planning Department staff also notes that it is important to enact some form of cost recovery as soon as possible, as there is a potential for several important projects to come before the Land Use Boards in the next several months. Having this ordinance in place is deemed to be crucial to the City's ability to fully review complex proposals for their impact on traffic and transportation, and on noise impacts to surrounding neighborhoods. CONCLUSION The Administration recommends that the City Commission adopt the ordinance upon second reading public hearing. ~~ JMG/JGG/RGL T:\AGENDA\2010\March 10\Regular\Consultant Fee Ord MEMO.docx m MIAMIBEACH CiFy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM (SUPPLEMENTAL) TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~-fjr~{A1(j DATE: March 10, 2010 SueJECr: Ordinance Amendment - Consultant Review Fee Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE 1, "IN GENERAL," BY ENACTING A NEW SECTION 118-6, ENTITLED "USE OF, AND COST RECOVERY FOR, CONSULTANTS FOR APPLICATIONS FOR DEVELOPMENT APPROVAL," REQUIRING APPLICANTS REQUIRED TO SUBMIT TRAFFIC AND OTHER TECHNICAL REPORTS AS PART OF THEIR APPLICATIONS TO FUND REPORT PREPARATION BY CONSULTANTS SELECTED FROM A CITY-APPROVED LIST, IN ADDITION TO ANY CONSULTANT REPORTS THE APPLICANT DESIRES TO SUBMIT, AND TO REQUIRE COST RECOVERY FOR CITY'S USE OF CONSULTANTS NEEDED TO REVIEW REPORTS SUBMITTED WITH SUCH APPLICATIONS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed ordinance, if enacted, would have a positive fiscal impact to the City, as it would ensure that expenditures currently being underwritten by City Departments were reimbursed by applicants. T:~AGENDA\2010\March 10\Regular\Consultant Fee Ord Memo Supplemental.doc _. ;` , - ,~ OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Gonzalez, City Manager FROM: Saul Gross, City Commissione DATE: January 6, 2009 SUBJECT: Agenda Item MEMORANDUM Please place on the January 28, 2009 Commission agenda a referral to the Land Use Committee to discuss the adoption of an ordinance which provides that whenever a property owner/tenant is required under the City code or by a City Land Use Board to hire a consultant to analyze the traffic or noise impacts of a project, that such consultant is hired by the City off the City's rotating list and such consultant is paid by the City using the property owner/tenant's money. This proposal is analogous to the way appraisers are hired. Property owners cannot hire their own appraiser: Appraisers are on an approved lender list and are hired by the lender at the property owner's cost. This proposed ordinance would have two benefits. First, because the consultant would be working for the City and not for the property owner/tenant, the consultant's report would take the residents' interests into account and not seek to minimize, for the property owner's/tenant's benefit, the traffic or noise impacts of the proposed project. Second, the proposal would save the City money. At present, the City and the residents often quesrion many assumptions in the consultant's report and the City is forced to hire a second consultant, at City expense, to review the property owner's/tenant's consultant's report. Under the new proposal, there would be no need for the City to hire a separate consultant at City expense. If you have any questions, please contact Wanda Ortiz at extension 7104. (Requested by Commissioner Saul Gross) SG:wo Agenda Item G S/g We are cornmined to providing exrelleN public service c~nd saley ro all who live, work, and ploy m n Date ~ ~~~ 9 22 Traffic Impact Study Review History Develo ment Consultant Review Cost Hours Date 900 Ocean Drive DMJM $ 240.00 2 03/04/2005 2201 Collins Ave DMJM $ 240.00 2 03/04!2005 Meridian Ave Pro ect DMJM $ 240.00 2 04N2/2005 ~tri DMJM $ 4800.00 53 05/24/2005 Block 1 Hotel/Condo DMJM $ 218.00 2 06/16/2006 Potamkin Develo meat at 5th and Alton DMJM $ 4 800.00 50 06/18/2006 Sunset Harbor Develo ment DMJM $ 21,628.00 220 09/01/2008 Na Condo DMJM $ 16,796.00 152 04!1312007 PBS! $ 2,470.00 18 01/10/2008 Bt ou Ever lades Concourse Devel ent PBS! $ 2 470.00 18 01/10/2008 1111 Lincoln Road K'ittleson $ 6,500.00 01/31/2008 Fresh Market Corradino $ 1,350.00 05/28!2008 The Wave Corradino $ 3,OOD.00 20 09!0812008 3d4-312 Ocean Drive Corradino $ 2,7D0.00 18 09/D8/20D8 Sunset Harbor Develo ment Corradino $ 3,000.00 20 09/OS/2008 Collins Comer Corradino $ 2,700.00 18 09/08/2008 oowntrnvn Miami DRI . _DMJM $ 6,900.00 74 Unknown 311 THURSOAI`, FEBRUARY 25, 2010. 25NE ............................_ X CITY of nnlannl B~A~~ NQ~'ICE QF PUBLIC NEARIN~~ NOTICE 1$ HEREBY given that second readings and public hearings will be held by the Mayor and City Commission ' ~f the City of Miami Beach., Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 10, 2010, to consider the following: 10:20a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs, Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Rental Bicycles As Part Of A City Bike Sharing Program Inquiries may be directed to the Parking Department at (305) 673-7275. 10:30 a.m. Ordinance Amending Ordinance No. 1335., The Classified Employees' Leave Ordinance, 13y Amending The Provisions For Accumulation And Payment 9f Annual And Sick Leave For The Government Supervisors Association Of Florida Opeiu, Local 100. .Inquiries may be directed to the Human Resources Department at (305) 673-7520. 10:40 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off-Street Parking," Article V, "Parking Impact Fee Program," Clarifyirig That This Is Afee In-Lieu Of Providing Parking, And Permitting More Flexibility In The Use Of Fees Collected By The City As Part Of This Program By Allowing Funds Collected By This Program To Be Used For Alternative Transportation And Mobility Projectsln Addition To Construction Of Parking Garages Inauiries may be directed to the Planning Department (305) 673-7550. 11:00 a.m. Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article 1, "In General," By Enacting A New Section 118-6, Entitled "Use Of, And Cost Recovery For, Consultants For AppllCat10r1S For Development Approval," Requiring Applicants Required To Submit Traffic And Other Technical Reports As Part Of Their Applications To Fund Report Preparation By Consultants Selected From ACity- '~ Approved List, In Addition To Any Consultant Reports The Applicant Desires To Submit, And To Require Cost Recovery I For City's Use Of Consultants Needed To Review Reports Submitted With Such Applications Inquiries may be directed to the Planning Department (305) 673-7550. 11:15 a.m. Ordinance Amending Chapter 18 O` The Miami Beach City Code Entitled "Businesses," By Amending Article Xv, Entitled "Street Performers And Art Vendors" By Amending Se'Ction 18-901, Entitled "Definitions," By Expanding Geographical Definitions And Areas Relating To Street Performers And Artist Vendors; By Amending Section 18-903, Entitled "Artist Vendor Certificate Required;' By Amending The Provisions Regarding Fees, Certificate Requirements, Administrative Rules, And The Procedures For The Processing Of Applications; By Amending Section 18-905, Entitled "Permit Application," By Amending The Provisions Regarding Fees Inquiries may be directed to the Code Compliance Department (305) 673-7555. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Genter Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's web site at www.miamibeachfF.gov. This meeting may be contint)ed and under such circumstances additional -legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286:0105, Fla. Stat., the City hereby advises the public that: if a person decides to appea! any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upor~ which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material 'in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTI~ five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #598 ....