Item Coversheet

Resolutions - C7  G




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:July  26, 2023
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF THAT PORTION OF THE RIGHT-OF-WAY, THAT IS MERIDIAN COURT, LYING BETWEEN LOTS 6, 7, 8, 9, 10 AND 11, OF BLOCK 73, OF "OCEAN BEACH, FLA ADDITION NO. 3," RECORDED IN PLAT BOOK 2, PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA (THE "PLAT"), BOUNDED ON THE NORTH BY A LINE RUNNING FROM THE NORTHEAST CORNER OF SAID LOT 11, TO THE NORTHWEST CORNER OF SAID LOT 6, AND BOUNDED ON THE SOUTH BY A LINE RUNNING FROM THE SOUTHEAST CORNER OF SAID LOT 9, TO THE SOUTHWEST CORNER OF SAID LOT 8, CONTAINING APPROXIMATELY 3,001 SQUARE FEET (THE "ALLEY"); AND AUTHORIZING THE CITY MANAGER TO GRANT NON-EXCLUSIVE UTILITY EASEMENTS TO CURRENT UTILITY PROVIDERS AND FUTURE UTILITY PROVIDERS, AS NEEDED, FOR USE OF AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOT 6, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 4,132 SQUARE FEET, TO PROVIDE UTILITY SERVICES FOR THE NEW FIRE STATION NO. 1 AND SURROUNDING PROPERTIES; AND AUTHORIZING THE CITY MANAGER TO GRANT FLORIDA POWER & LIGHT (FPL) AN EXCLUSIVE UTILITY EASEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A VAULT ROOM, WITHIN AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOTS 6 AND 7, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 318 SQUARE FEET, AS A REPLACEMENT FOR THE VAULT ROOM CURRENTLY LOCATED ON THE PROJECT SITE; AND FURTHER AUTHORIZING THE CITY MANAGER TO RECORD AN INGRESS/EGRESS EASEMENT, FOR USE OF AN EASEMENT AREA LYING IN A PORTION OF THE ALLEY AND LOT 6, OF BLOCK 73, OF THE PLAT, HAVING APPROXIMATELY 3,993 SQUARE FEET, FOR USE BY THE PUBLIC TO ACCESS MERIDIAN COURT FROM MERIDIAN AVENUE, ALONG THE NORTHERN PORTION OF THE PROJECT SITE; SAID EASEMENT AGREEMENTS BEING SUBJECT TO APPROVAL BY THE CITY ATTORNEY.

RECOMMENDATION

The Administration recommends that the City Commission approve the resolution.

BACKGROUND/HISTORY

On July 31, 2019, pursuant to Request for Qualifications (RFQ) No. 2019-208-ND, the Mayor and City Commission adopted Resolution No. 2019-30913 approving and authorizing the Mayor and City Clerk to execute an Agreement with Wannemacher Jensen Architects, Inc. (WJA), for Architectural and Engineering Design Services, for the new Fire Station No. 1 facility (“Fire Station Project” or “Project”).

In January 2021, after several rounds of conceptual design, WJA submitted 30% construction documents for the new Fire Station No.1 at the site of the South Shore Community Center, located at 833 6th Street, in the Flamingo Park Neighborhood (the “Project Site”). The proposed 29,369 square foot facility will provide four drive-thru apparatus bays, living spaces, offices, a kitchen, a gym, support facilities and 34 parking spaces, and vehicular access is maintained to surface parking lot P-11 which is located on site, and to the right-of-way, Meridian Court (the “Alley”).

In July 2021, the Project was submitted to the Planning department for Historic Preservation Board (HPB) review. On December 8, 2021, the Mayor and City Commission adopted Resolution No. 2021-31949, approving the waiver of the Development Regulations, pursuant to Section 142-425 (d) of the Land Development Regulations, after a duly noticed public hearing, as required for the Project design.

On the March 8, 2022, after two presentations to the HPB, the updated design incorporating all design modifications was approved. Conditions to the approval by the HPB include preparation of a Unity of Title for the parcels of land that comprise the Project Site. This will require vacation of the existing Alley, a portion of which currently runs beneath the existing building.

During the development of the 60% and 90% Construction Documents, the consultants coordinated with several utility providers that exist on site. It was determined that Florida Power and Light (FPL) and AT&T have utilities that run under the existing building, which will need to be relocated to continue to serve the rest of the surrounding area during construction of the Project. The relocation of the utilities will be addressed as a part of the Fire Station Project.

On October 9, 2022, the Mayor and City Commission adopted Resolution No. 2023-32520 amending the contract with WJA, to include the services necessary to address the vacation of the Alley, dedication of required easements, and preparation and recording the Unity of Title as required by HPB.

ANALYSIS

The portion of the Alley, which exists between the two parcels of land, will have to be vacated such that the parcels are contiguous, so that the Unity of Title, required by HPB, can be recorded. As such, the Administration recommends vacating the portion of Meridian Court, as more particularly described in the sketch and legal description, entitled “20 Feet Public Alley Vacation,” attached hereto as Exhibit A. Once the Unity of Title is recorded, the development site will be one large parcel of land, with one folio number, having the legal description as more particularly described in the Sketch and Legal Description, entitled “Fire Station, Miami Beach”, attached hereto as Exhibit A-1 (the “Contiguous Parcel”).

Several meetings have been held with representatives of FPL to coordinate the scope of work required for the relocation of the electrical service. The relocated service will run east on 6th Street, north on Meridian Avenue and then west across the P-11 parking lot. Where the service crosses P-11. A utility easement will be required to allow FPL to cross the private property. The relocation work associated with the FPL facilities will also include the relocation of existing duct bank, abandonment of existing vault room, and the installation of temporary power during construction. In connection with the development of the new Fire Station Project, FPL will need to construct a new vault room on the Contiguous Parcel in order to continue to serve the Fire Station Project and the surrounding properties.

Similarly, meetings were held with representatives of AT&T, to coordinate the scope required to reroute their lines and facilities which conflict with the construction of the new fire station. AT&T proposes to reroute their lines east on 6th Street, north on Meridian Avenue, west across the P-11 parking lot, and north on the Alley, to an existing manhole on 7th Street. Where the AT&T service crosses P-11, a utility easement will also be required to allow AT&T to cross the private property.

In a companion City Commission agenda item, the Administration is seeking approval to pay for the costs associated with the relocation of the FPL & AT&T utility facilities which conflict with the Fire Station Project development site, including design and engineering services, and construction costs associated with the relocation of the FPL and AT&T utility. The relocated FPL and AT&T utilities will require an easement to cross the City’s private property.

Other utility providers, TECO gas, Comcast and City of Miami Beach Public Works Department (water distribution lines), also cross P-11 to provide service from the Alley, north of the development site. The Administration is requesting authority to grant a non-exclusive utility easement to the current utility providers and future utility providers, as needed, for use of an Easement Area located on a portion of the Contiguous Property, as more particularly described in the Sketch and Legal Description, entitled “Non-Exclusive Utility Easement”, attached hereto as Exhibit B, having approximately 4,132 square feet. An exclusive easement shall be required by Florida Power & Light (FPL) for the installation, operation and maintenance of a vault room, extending south from the non-exclusive utility Easement Area, having approximately 318 square feet, as more particularly described in the Sketch and Legal Description, entitled “Florida Power and Light Company Exclusive Utility Easement,” attached hereto as Exhibit B-1.

Access to the Alley by the public, will cross the northeast corner of the Contiguous Parcel, through the drive aisle of Parking lot P-11. As such, an ingress/egress easement, having an Easement Area of approximately 3,993 square feet, shall be required to grant access for the public, including residents, utility providers, and sanitation contractors, across that portion of the Contiguous Parcel to the Alley north, as more particularly described in the Sketch and Legal Description, entitled “Ingress/Egress Easement,” attached hereto as Exhibit C.

SUPPORTING SURVEY DATA

Not applicable. 

FINANCIAL INFORMATION

Not applicable. 
Amount(s)/Account(s):
Not applicable. 

CONCLUSION

The City Manager recommends approving the vacation of the 20 feet Public Alley, as a critical component of the Fire Station Project; and authorizing the City Manager to grant non-exclusive utility easements for use of the Easement Area, as more particularly described in Exhibit B, attached hereto, by the current utility providers and future utility providers, as needed, to serve the needs of the new Fire Station No. 1 and surrounding properties, in a form to be approved by the City Attorney; and authorizing the City Manager to grant Florida Power & Light (FPL) an exclusive easement for use of an Easement Area, as more particularly described in Exhibit B-1, attached hereto, for the installation, operation and maintenance of a vault room within the future Fire Station 1 facility, in order to replace the vault room that is currently located on the development site, in a form to be approved by the City Attorney; and further authorizing the City Manager to record an ingress/egress easement for use of an Easement Area, as more particularly described in Exhibit C, attached hereto, by the public to access the Alley through the surface parking lot P-11.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes Yes 

Strategic Connection

Non-Applicable
Legislative Tracking
Capital Improvement Projects

ATTACHMENTS:
Description
Exhibit A – Sketch and Legal Description for 20 feet Public Alley Vacation
Exhibit A-1 – Sketch and Legal Description for Fire Station, Miami Beach (Contiguous Parcel)
Exhibit B – Sketch and Legal Description for Non-exclusive Utility Easement
Exhibit B-1 – Sketch and Legal Description for Florida Power and Light Company Exclusive Utility Easement
Exhibit C – Sketch and Legal Description for Ingress/Egress Easement
Resolution