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2015-28949 Reso RESOLUTION NO. 2015-28949 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 517TH VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(a) AND (b) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS. WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the plat of the "Amended Map of the Ocean Front Property of the Miami Beach Improvement Company" (City Right-of-Way or"City ROW"); and WHEREAS, the City of Miami Beach is the owner of the adjacent properties to the City ROW, which properties bear the following addresses: 227 22nd Street, 340 23rd Street, 2200 Liberty Avenue, 224 23 Street, 245 22nd Street, 211 22nd Street; and WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the construction of the five story parking garage with first floor retail, to be known as the "Collins Park Garage" on 22nd Street and 23rd Street, abutting Liberty Avenue; and, WHEREAS, on November 20, 2012, the Historic Preservation Board approved File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage" and associated pedestrian plaza for Liberty Avenue; and WHEREAS, renowned architect Zaha Hadid has designed the Collins Park Garage, which garage structure encroaches into Liberty Avenue, along the first floor in order to provide pedestrian access to the proposed first floor commercial units, and WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend the parking garage structure across Liberty Avenue; • WHEREAS, the City plans to create a pedestrian plaza within the area to be vacated, and use some of the area towards the Collins Park Garage; and WHEREAS, during the February 2, 2015 Finance and Citywide Projects Committee meeting, the Committee supported the vacation, due to pedestrian safety concerns, the desire to create a pedestrian plaza, and to ensure the complete construction of the parking garage; and WHEREAS, without vacating the right-of-way, the City cannot complete construction of the parking garage, as the Building Official cannot issue permits for habitable construction within a right-of-way; and, WHEREAS, upon vacation of the City right-of-way, the City will record a unity of title for all the properties, and join the properties in ownership, thus ensuring that the properties are tied to a Unified Development Site, 'consistent with the City's land development regulations, and WHEREAS, the Finance and Citywide Projects Committee recommended that the City Commission schedule a public hearing to hear from the community as to whether it is in the public interest to vacate Liberty Avenue between 22 and 23 Streets; and WHEREAS, the proposed parking garage structure should have a building permit, however, in order to obtain a building permit, the structure cannot encroach on the right-of-way, and would need to be re-designed, or the right-of-way needs to be vacated; and WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue between 22nd and 23rd Streets [the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11, 4, 6, 8, 10 and 12 of Block 2], should Liberty Avenue be vacated, title to the vacated right-of-way would transfer to the adjacent property owners, which would be the City of Miami Beach; and WHEREAS, pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code, which establish procedures governing the sale or lease of public property, in addition to the previously mentioned application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (The item was heard during the Finance and Citywide Projects Committee meeting of February 2, 2015, and the Committee recommended to the City Commission to proceed with the vacation); • 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; and, 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on the proposed and possible issues, including, without limitation, the highest and best use of the property by the Applicant (this provision to be waived by the City Commission); and, WHEREAS, although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, and an appraisal, the requirements may be waived by 517th vote; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such conditions. 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 hereby accept the recommendation of the Finance and Citywide Projects Committee at its February 2, 2015 meeting, to approve the vacation of the right of way known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of Miami Beach, (the applicant); waiving by 5/7th vote, the competitive bidding and appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding that the public interest would be served by waiving such conditions. PASSED and ADOPTED this I/ day of J'2'/Qt'Ck.- , 2015. ATTEST: ///p// Jy ; ,' .�jr ,i ; is r� Philip Levin-/ � ayor // / / Fr. �� Ith/ // ' ,i ,, II if* Raf el G. Granado, Ci CI rk .f ...-' •'••••• I/�,�i�� APPROVED AS TO --'\144:00••—• , • FORM & LANGUAGE •..Pi— y & FO EXECUTION � INCORP ORATED:' �Ip (- • EDc> -a6 , \��i h City A orney Dote ok F:\ATTO\BOUE\RESOS\First Reading Vacate Litt�� 41`.�.tit W. L ).doc • 4IllI H 26' Exhibit A AREA TO BE VACATED: LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET (ATLANTIC AVENUE): BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS "PALM AVENUE" ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE, OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. i . . r AJ I.` \ 1, .Ir '� Ap , 42t \-' p .1 4 tor 3 <pr l f•''/F', : i' • ,'•err'it r, 'fil ''f.c�:ja.�',, ITE• f ; "QED '` `. '@ for' ..:1-1;. "-f . air�,,w�' i L_l. E:t- ,.� ...."ft 40,0_. *44. 4 ulCitte rc4tia'wr Y !;' ate.— LOCATION SKETCH o.a w Pori . r�.. 4,E NTS T 10,. J pp.a. -yr .. — 4p P, r,CR cis � • /.11-: toT" ,,_ '� SURVEYOR'S NOTES: ''7D, 4%,I <or,p 1. THIS IS NOT A SURVEY. 1 2. THIS SKETCH OF DESCRIPTION IS / d nor NOT VALID WITHOUT THE SIGNATURE �, e AND THE ORIGINAL RAISED SEAL OF " � / ' ' A FLORIDA LICENSED SURVEYOR cletty •,42. . AND MAPPER. '� (P) a SKETCH OF LEGAL DESCRIPTION SCALE: 1"=60' LEGAL DESCRIPTION: BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS"PALM AVENUE"ACCORDING TO THE PLAT OF"AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY"AS RECORDED IN PLAT BOOK 5,PAGE 7,OF THE PUBLIC RECORDS OF DADE COUNTY.FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. LEGEND & ABBREVIATIONS: "rs. ::•---71-7e.. -4-1A----..., 11.-11-t4 ORB. OFFICIAL RECORD BOOK DB. DEED BOOK (C) CALCULATED DIMENSION TYP. TYPICAL NTS NOT TO SCALE PG. PAGE BRIAN T. BELUNO DATE CITY SURVEYOR (P) PLAT DIMENSION DCR DADE COUNTY RECORDS STATE OF FLORIDA R/W RIGHT-OF-WAY PB. PLAT BOOK PROFESSIONAL SURVEYOR AND MAPPER NO.4973 el , __ REVISED TITLE �� ;1 'f ; DRAWN BY l F. . 1`'Y I ' iJ E_r '�' 1 wI CHECKED B TB. LIBERTY AVENUE,22ND TO 23RD STREET SM-2014M _PUBLIC WORKS DEPARTMENT SCALE AS-SHOWN • , SHEET t OF t rItOCONVEN'ION CENTER DRIVE MUM BEACH FL01W — — N - if '.SWORfV SALL\CAD-DWG?ROJECTSISMISMQD14M(Liberty Ave Sketch of Desa.ptwn RW Vacation) COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its February 2, 2015 Meeting, To Approve The Vacation Of The Right Of Way Known As Liberty Avenue(Palm Avenue)Between 22nd Street(Ocean Avenue) And 23rd Street (Atlantic Avenue), Which Is A 50 Foot In Width Right-Of-Way, Containing Approximately 12,500 Square Feet In Total Area, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami Beach Improvement Company, Recorded In Plat Book 5 At Page 7, Of The Public Records Of Miami-Dade County, In Favor Of The City Of Miami Beach, (The Applicant); Waiving By 5/7th Vote, The Competitive Bidding And Appraisal Requirements Pursuant To Section 82-39(A)And (B)Of The City Code, Finding That The Public Interest , Would Be Served By Waiving Such Conditions. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement projects(81%), storm drainage(37%),and condition of roads(44%). Item Summary/Recommendation: On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage. The Garage has been designed with retail on the first floor, and upper levels with public parking spaces. The City owns the properties upon which the garage will be built, including lots 7, 9, and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7); and Lots 1, 3, 5, 7 and 9 of Block 1 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of approximately 12,500 square feet, see attached Property Legal Description and Sketch (Exhibit A) and Adjacent Properties Survey(Exhibit B). The City's Capital Improvement Projects Office reviewed the proposed architectural plans with planning, public works, the fire department, and the building department. The architectural design includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23rd Street. The parking garage structure also encroaches into Liberty Avenue and the air rights above Liberty Avenue are being utilized by the parking structure to cross over from Block 1 onto Block 2, see Proposed Collins Park Place Ground Floor Plan(Exhibit C). In order for the proposed parking garage structure be able to obtain a building permit,the right-of-way needs to be vacated.As Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicular access, and as the City owns all the parcels adjacent to Liberty Avenue between 22nd and 23rd Streets(the City owns lots 1-10 on Block 1 and owns lots 7,9, 11,4,6,8, 10 and 12 of Block 2), should Liberty Avenue be vacated,title to the vacated right-of- way would transfer to the adjacent property owners,which would be the City of Miami Beach, therefore there would be no financial impact to the City.Also, utility easements will be granted, as required. The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code, which requires certain actions prior to effectuating a vacation. The City Commission is to hold two separate meeting dates, one of which, was held on February 11, 2015, which was accompanied with a public hearing in which the City obtained citizen input into the proposed vacation, and also requires the review of the Finance and Citywide Projects Committee(FCWPC),which item was heard during the FCWPC meeting of February 2,2015,and which Committee recommended to the City Commission to proceed with the vacation. Section 82-38 requires the Planning Department to prepare an analysis of the vacation. The Planning Department prepared the analysis of the vacation (Exhibit D) on February 11, 2015. The Planning Department reviewed the six (6) criteria elements for vacating Liberty Avenue and found these criteria to have been satisfied. This item is being presented at this Commission meeting to comply with the requirements of Chapter 82,to hold two separate meetings. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: _ OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: _ David Martinez, P.E., LEED AP, Ext.6972 Sign-Offs: Departmept i hector Assis Manager Cit ana er 4,4 ► 1[ DM 1F► 111'111v& JL T:\AGENDA\2015\February CIP\Liberty Avenue-ROW Vacation\ !•c. ITEM SUMMARY.docx .1 AGENDA ITEM �, MIAMI BEACH 3-11-IS-3 IS- fl MN/1■=111111111111111■11•11111111■1 3915 • 2015 MIAMI BEACH C'aMMISSION MEMORANDUM TO: Mayor Philip Levine and Member-;of the Cit ommission FROM: Jimmy L. Morales, City Manager I DATE: March 11, 2015 SUBJECT: A RESOLUTION OF THE MAY 6 R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTIN a THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO APPROVE THE VACATION OF THE RIGHT-OF-WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE)-AND 23RD STREET (ATLANTIC AVENUE),WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY,CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA,AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS. BACKGROUND On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid, Limited and Berenblum Busch Architecture, Inc., for these firms to design the proposed Collins Park Garage("Parking Garage"). The Parking Garage has been designed with retail on the first floor,and upper levels with public parking spaces. The City owns the properties upon which the Parking garage will be built, including lots 7,9,and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7); and Lots 1, 3, 5, 7 and 9 of Block 1 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7). Between blocks 1 and 2 is Liberty Avenue,a 50 foot wide public right- of-way consisting of approximately 12,500 square feet(Exhibit A). ANALYSIS The City's Capital Improvement Projects Office reviewed the proposed architectural plans with planning, public works, the Fire Department, and the Building Department. The architectural design includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23rd Street. The Parking Garage structure also encroaches into Liberty Avenue and the air rights above Liberty Avenue are being utilized by the Parking Garage to cross over from Block 1 onto Block 2. In order for the proposed Parking Garage structure be able to obtain a building permit, the right-of-way needs to be vacated. As Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicular access,and as the City owns all the parcels adjacent to Liberty Avenue between 22nd and 23rd Streets (the City owns Tots 1-10 on Block 1 and owns lots 7, 9, 11, 4, 6, 8, 10 and 12 of Block 2), should Liberty Avenue be vacated, title to the vacated right-of-way would transfer to the adjacent property owners, which would be the City of Miami Beach, and if required, utility easements could be granted. Additionally, any encroachments of the habitable building into the right-of-way would not be Commission Memorandum —Vacation of Liberty Avenue March 11, 2015 Page 2 of 2 able to obtain a permit under the Florida Building Code ("FBC"). Through the vacation of Liberty Avenue, those areas of the Parking Garage that would have encroached into the right-of-way will now be able to obtain a FBC permit. COMPLIANCE WITH CHAPTER 82 OF THE CITY'S CODE The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code, which requires certain actions prior to effectuating a vacation. The City Commission is to hold two separate meeting dates, one of which, was held on February 11, 2015, which was accompanied with a public hearing in which the City obtained citizen input into the proposed vacation,and also requires the review of the Finance and Citywide Projects Committee("FCWPC"),which item was heard during the FCWPC meeting of February 2, 2015, and which Committee recommended to the City Commission to proceed with the vacation. Section 82-38 requires the Planning Department to prepare an analysis of the vacation.A copy of the planning analysis is attached as Exhibit B.The Planning Department reviewed the six(6)criteria elements for vacating Liberty Avenue and found these criteria to have been satisfied. This item is being presented at this Commission meeting to comply with the requirements of Chapter 82, to hold two separate meetings. CONCLUSION The Administration recommends the approval of a resolution accepting the recommendation of the Finance and Citywide Projects Committee (FCWPC)at its February 2, 2015 meeting, to approve the vacation of the right-of-way known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500 square feet in total area, as shown on the plat of amended map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the Public Records of Miami-Dade County, in favor of the City of Miami Beach,(The Applicant);waiving by 5/7th vote,the competitive bidding and appraisal requirements pursuant to Section 82-39(a)and(b)of the City Code, finding that the Public Interest would be served by waiving such conditions. Exhibit A— Legal Description and Sketch of Survey Exhibit B— Planning Analysis fa) JLM/ /DM We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community. MIAMI HERALD I MiamiHeratd.corn NE THURSDAY,FEBRUARY 26,2015 115NE we ® .4 ■ ewe 4111111111.11111111111111%as®wenwewew< 4715.29'.5 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the following public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the.Commission Chambers,Third Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,March 11,2015,at the times listed,or as soon thereafter as the matter can be heard: 10:00 a.m. A Resolution Pursuant To City Code Section 118-563,To Grant A Certificate Of Appropriateness For The Total Demolition Of The Existing Bandshell And Recreation Center Buildings,And The Construction Of A Portion Of The Proposed Miami Beach Convention Center Building And Landscape Plan Within The Boundaries Of The 21st Street Community Center Historic Site. Inquiries may be directed to the Planning Department at 305.673.7550 10:05 a.m. A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its February 2,2015 Meeting,To Approve The Vacation Of The Right Of Way Known As Liberty Avenue(Palm Avenue)Between 22nd Street(Ocean Avenue)And 23rd Street(Atlantic Avenue), Which is A 50 Foot In Width Right-Of-Way, Containing Approximately 12,500 Square Feet In Total Area,As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami Beach Improvement Company,Recorded In Plat Book 5 At Page 7,Of The Public Records Of Miami-Dade County,In Favor Of The City Of Miami Beach,(The Applicant);Waiving By 5/7th Vote, The Competitive Bidding And Appraisal Requirements Pursuant To Section 82-39(a)And(b)Of The City Code,Finding That The Public Interest Would Be Served By Waiving Such Conditions. Inquiries may be directed to the Capital Improvements Office at 305.673.7071. 10:10 a.m. A Resolution Following A Duty Noticed Public Hearing,As Required Pursuant To Section 82-93 Of The City Code,Approving The Renewal Of An Existing Revocable Permit For Vera Mender And The Drake Condominium Association,Inc.,To Continue To Retain An Existing Handicap Access Ramp In The City Right-Of-Way Abutting The Drake Condominium,Located At 1460 Ocean Drive,Miami Beach,Florida,And Authorizing The Mayor And City Clerk To Execute An Agreement Extending The Revocable Permit,Such Agreement Extending The Term For An Additional Twenty(20)Years. Inquiries maybe directed to the Office of the City Attorney at 305.673.7470 and/or the Public Works Department at 305.673.7080. 10:15 a.m. A Resolution Adopting The Third Amendment To The Capital Budget For Fiscal Year 2014/15. Inquiries may be directed to the Office of Budget and Performance Improvement at 305.673.7510. 10:20 a.m. An Ordinance Amending Chapter 18 Of The City Code,Entitled"Businesses,"By Amending Article XVI Titled`Nude Dance Establishments," By Creating Section 18-914 Thereof To Be Entitled "Compensation Standards For Workers Arid Performers,"Which Provides Requirements Regarding The Method Of Compensation For Those Workers And Performers In Nude Dance Establishments; And Amending Section 18.915 Entitled'Enforcement;Penalties,"By Setting Forth Penalties For A Violation Of Section 18-914;Providing For Repealer;Severability;Codification;And An Effective Date.inquiries may be directed to the Office of the City Attorney at 305.673.7470. Dr.Stanley Sutnick Citizen's Forum—Pursuant to Resolution No.2013-28440,the times for the Dr.Stanley Sutnick Citizen's Forum are 6:30 a_m.and 1:00 p.m.,or as soon as possible thereafter. Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum. 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,do the City Clerk,1700 Convention Center Drive,1'Floor,City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive,15'Floor,City Hall,Miami Beach,Florida 33139.This meeting,or any Item herein,may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal 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 upon 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 alternate format,sign language interpreter(five-day notice required, information on access for persons with disabilities,and/or any accommodation to review any document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service). Rafael E.Granath),City Clerk City of Miami Beach