The URL can be used to link to this page

Home My WebLink AboutCC 2009-03-19 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, March 19, 2009 9:00 AM SPECIAL MEETING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda March 19, 2009 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD City ofMiami Page 2 Printed on 3/12/2009 City Commission Meeting Agenda March 19, 2009 APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 3/12/2009 City Commission Meeting Agenda March 19, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE SP.1 09-00132 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING STADIUM AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS HERETO, AS EXHIBITS "A" THROUGH "E", RESPECTIVELY, RELATING TO THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF A NEW BASEBALL STADIUM FOR THE FLORIDA MARLINS, AND RELATED PARKING FACILITIES, AS CONTEMPLATED IN THE BASEBALL STADIUM AGREEMENT DATED MARCH 3, 2008, APPROVED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 08-0089, ADOPTED FEBRUARY 21, 2008: 1.CONSTRUCTION ADMINISTRATION AGREEMENT AMONG MIAMI-DADE COUNTY ("COUNTY"); THE CITY OF MIAMI ("CITY") AND MARLINS STADIUM; DEVELOPER, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "A") 2.OPERATING AGREEMENT AMONG THE COUNTY, THE CITY AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "B"); 3.CITY PARKING AGREEMENT AMONG THE CITY, THE COUNTY AND MARLINS STADIUM OPERATOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (EXHIBIT "C"); 4.ASSURANCE AGREEMENT AMONG THE COUNTY, THE CITY AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED PARTNERSHI P (EXHIBIT "D"); AND 5.NON-RELOCATION AGREEMENT AMONG THE COUNTY, THE CITY AND FLORIDA MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP (EXHIBIT "E"); FURTHER AUTHORIZING THE CITY MANAGER AND/OR THE CITY MANAGER'S DESIGNEE TO EXECUTE SUCH OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE SUCH OTHER ACTIONS, AS MORE PARTICULARLY REQUIRED OR PERMITTED IN THE STADIUM AGREEMENTS. City ofMiami Page 4 Printed on 3/12/2009 City Commission Meeting Agenda March 19, 2009 09-00132 Summary Form .pdf 09-00132 Legislation. pdf 09-00132 Exhibit 1.pdf 09-00132 Exhibit 2.pdf 09-00132 Exhibit 3.pdf 09-00132 Exhibit 4.pdf 09-00132 Exhibit 5.pdf DATE: FEBRUARY 13, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 2 - COMMISSIONER GONZALEZ AND SANCHEZ NOES: 2 - COMMISSIONER SARNOFF AND REGALADO ABSENT: 1 - COMMISSIONER SPENCE-JONES ACTION: ADOPTED WITH MODIFICATIONS --FAILED DATE: FEBRUARY 13, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 2 - COMMISSIONER SARNOFF AND REGALADO NOES: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ABSENT: 1 - COMMISSIONER SPENCE-JONES ACTION: MOTION --FAILED City ofMiami Page 5 Printed on 3/12/2009 City Commission Meeting Agenda March 19, 2009 SP.2 09-00133 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION , WITH Office ATTACHMENT(S), WAIVING BY A FOUR -FIFTHS (4/5 THS) AFFIRMATIVE VOTE OF THE CITY COMMISSION, COMPETITIVE SELECTION (COMPETITIVE SEALED BIDDING) FOR THE PUBLIC INFRASTRUCTURE WORK ASSOCIATED WITH THE PROPOSED FLORIDA MARLINS BALLPARK ("THE PUBLIC INFRASTRUCTURE WORK") AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI IN ACCORDANCE WITH SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE AWARD OF THE PUBLIC INFRASTRUCTURE WORK, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, BY A FOUR -FIFTHS (4/5 THS) AFFIRMATIVE VOTE, TO HUNT/MOSS, A JOINT VENTURE, AS CONSTRUCTION MANAGER/CONTRACTOR, BASED UPON THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85(A) AND OTHER SECTIONS OF THE CITY CODE, AND THE ATTACHED WRITTEN FINDINGS AND RECOMMENDATIONS FROM THE CITY MANAGER AND THE ARCHITECT/ ENGINEER OF RECORD, RESPECTIVELY. 09-00133 Legislation.pdf 09-00133 Exhibit 1.pdf 09-00133 Exhibit 2.pdf 09-00133 Summary Form.pdf 09-00133 Public Notice 1.pdf 09-00133 Public Notice 2.pdf 09-00133 Public Notice 3.pdf City of Miami Page 6 Printed on 3/12/2009 City Commission Meeting Agenda March 19, 2009 SP.3 09-00134 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO: (I) EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORM, TO INCREASE THE AMOUNT OF CONVENTION DEVELOPMENT TAX ("CDT") FUNDS PAYABLE BY THE COUNTY TO THE CITY OF MIAMI ("CITY") IN CONNECTION WITH THE DEVELOPMENT OF THE PARKING FACILITIES ON THE FORMER ORANGE BOWL SITE (THE "NEW CDT AGREEMENT") AND (II) TERMINATE THE INTERLOCAL COOPERATION AGREEMENT DATED DECEMBER 14, 2004, BY AND AMONG THE COUNTY, THE CITY, AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY (" MSEA"), APPROVED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 04-0750, ADOPTED NOVEMBER 18, 2004, ("MSEA CDT INTERLOCAL"), PROVIDED THAT THE TERMINATION OF THE MSEA CDT INTERLOCAL SHALL BE SUBJECT TO THE CITY AND THE COUNTY ENTERING INTO THE NEW CDT AGREEMENT AND THE EFFECTIVE DATE OF TERMINATION SHALL BE NO EARLIER THAN JUNE 30, 2009. 09-00134 Legislation.pdf 09-00134 Exhibit 1.pdf 09-00134 Exhibit 2.pdf 09-00134 Exhibit 3.pdf 09-00134 Summary Form.pdf City ofMiami Page 7 Printed on 3/12/2009