HomeMy WebLinkAboutCC 2010-09-23 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Agenda
Thursday, September 23, 2010
9:00 AM
SUPPLEMENTAL
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Marc David Sarnoff, Chairman
Frank Carollo, Vice -Chairman
Wifredo (Willy) Gort, Commissioner District One
Francis Suarez, Commissioner District Four
Richard P. Dunn II, Commissioner District Five
Carlos A. Migoya, City Manager
Julie O. Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Agenda September 23, 2010
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 AGENDA OFFICE/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
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City Commission
Meeting Agenda September 23, 2010
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
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).
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City Commission
Meeting Agenda September 23, 2010
SI.1
10-00425
Office of Strategic
Planning, Budgeting,
and Performance
ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF
MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO.
09-0454, ADOPTED SEPTEMBER 29, 2009, AND PURSUANT TO
SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA,
ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF
DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
10-00425 Legislation FR/SR.pdf
10-00425 Exhibit SR.pdf
10-00425 Summary Form FR/SR.pdf
10-00425 EXHIBIT SR 09-16-10.pdf
DATE: JUNE 10, 2010
MOVER: COMMISSIONER DUNN II
SECONDER: COMMISSIONER GORT
VOTE: AYES: 4 - COMMISSIONER(S) CAROLLO, GORT,
SARNOFF AND DUNN II
ABSENT: 1 - COMMISSIONER(S) SUAREZ
ACTION: PASSED ON FIRST READING WITH MODIFICATIONS-
-PASSED
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
JULY 8, 2010
VICE CHAIRMAN CAROLLO
COMMISSIONER DUNN II
AYES: 5 - COMMISSIONER(S) CAROLLO, GORT,
SARNOFF, SUAREZ AND DUNN II
DEFERRED --PASSED
JULY 22, 2010
COMMISSIONER GORT
VICE CHAIRMAN CAROLLO
AYES: 5 - COMMISSIONER(S) CAROLLO, GORT,
SARNOFF, SUAREZ AND DUNN II
DEFERRED --PASSED
SEPTEMBER 16, 2010
COMMISSIONER SUAREZ
COMMISSIONER GORT
AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND DUNN II
ACTION: DEFERRED --PASSED
City ofMiami Page 4 Printed on 9/20/2010
City Commission
Meeting Agenda September 23, 2010
SI.2
10-01069
Office of the City
Attorney
ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE XIII/DIVISION 6 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND
PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; SPECIAL PERMIT REQUIRED/BILLBOARDS", BY
CREATING A NEW SECTION 62-618.8 ENTITLED "NEW RELOCATION
AND RECONSTRUCTION AGREEMENTS," CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
10-01069 MEMO.pdf
10-01069 LEGISLATION.pdf
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
SEPTEMBER 16, 2010
COMMISSIONER SUAREZ
COMMISSIONER GORT
AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND DUNN II
DEFERRED --PASSED
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City Commission
Meeting Agenda September 23, 2010
S1.3
10-01071
Office of Strategic
Planning, Budgeting,
and Performance
SI.4
10-01072
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2010.
10-01071 SUMMARY FORM.pdf
10-01071 LEGISLATION.pdf
DATE: SEPTEMBER 16, 2010
MOVER: COMMISSIONER SUAREZ
SECONDER: COMMISSIONER GORT
VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND DUNN II
ACTION: DEFERRED --PASSED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO
A SETTLEMENT AGREEMENT, IN THE ATTACHED FORM, WITH SOUTH
FLORIDA EQUITABLE FUND, LLC., OUTLOOK MEDIA OF SOUTH
FLORIDA, LLC., SANTIAGO ECHEMENDIA, AND HARKLEY THORNTON,
WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE
CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF
MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, CASE NO.:
010-21032-C I V- U N GA R O.
10-01072 MEMO.pdf
10-01072 LEGISLATION.pdf
10-01072 EXIBIT.pdf
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
SEPTEMBER 16, 2010
COMMISSIONER SUAREZ
COMMISSIONER GORT
AYES: 5 - COMMISSIONER(S) GORT, SARNOFF,
CAROLLO, SUAREZ AND DUNN II
DEFERRED --PASSED
City ofMiami Page 6 Printed on 9/20/2010
City Commission
Meeting Agenda September 23, 2010
SI.5
10-01116a
Honorable Mayor
Tomas Regalado
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING EXHIBIT A HERETO ("EXHIBIT A"), THE
AMENDED AND RESTATED AGREEMENT TO ENTER INTO GROUND
LEASE ("AMENDED AND RESTATED AGREEMENT TO ENTER"), AND
THE AMENDED AND RESTATED GROUND LEASE(S) ("AMENDED AND
RESTATED GROUND LEASE(S)") (EACH IN SUBSTANTIALLY THE
ATTACHED FORM(S)), BETWEEN THE CITY OF MIAMI ("CITY") AND
FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY
ATTORNEY TO EXECUTE THE AMENDED AND RESTATED AGREEMENT
TO ENTER, AND THE AMENDED AND RESTATED GROUND LEASE
PROVIDING FOR, INTER ALIA: (1) FLAGSTONE'S OPTION TO DEVELOP
THE MEGA -YACHT MARINA WITH ITS ANCILLARY FACILITIES, RETAIL,
PARKING, HOTELS AND ALL OTHER RELATED FACILITIES (THE
"PROJECT") IN ITS ENTIRETY ALL AT ONCE OR THROUGH PHASED
DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2)
EXTENDING THE POSSESSION DATE FROM FEBRUARY 1, 2010 TO
SEPTEMBER 1, 2013, OR SOONER, AT FLAGSTONE'S OPTION; (3)
ESTABLISHING AN ANNUAL PAYMENT SCHEDULE FOR ALL
COMPONENTS COMMENCING WITH THREE HUNDRED THOUSAND
DOLLARS ($300,000) AND INCREASING TO TWO MILLION DOLLARS
($2,000,000) NO LATER THAN THE YEAR 2018, SUBJECT TO CERTAIN
CREDITS AND OTHER CONDITIONS RELATED TO DEVELOPMENT ON A
COMPONENT BY COMPONENT BASIS; (4) EXTENDING CERTAIN
MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION
COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT
MATTERS AS SET FORTH IN EXHIBIT A; AND (5) PROVIDING FOR
SECURITY DEPOSIT(S), PROVIDED, HOWEVER THAT SUCH
APPROVAL, AUTHORIZATION AND DIRECTION ARE ALL SUBJECT TO
AND CONDITIONED UPON A SATISFACTORY DETERMINATION OF
SECTION VIII, ENTITLED "STATE WAIVER" OF EXHIBIT A REGARDING
PAYMENTS TO THE STATE OF FLORIDA ("STATE"); FURTHER
DIRECTING THE CITY MANAGER TO RETURN TO THE CITY
COMMISSION FOR APPROVAL REGARDING THE STATE WAIVER;
FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY ATTORNEY TO MAKE NON -SUBSTANTIVE REVISIONS AS
NECESSARY TO EXHIBIT A, THE AMENDED AND RESTATED
AGREEMENT TO ENTER, THE AMENDED AND RESTATED GROUND
LEASE(S) ALL DOCUMENTS RELATING TO THE STATE WAIVER.
10-01116a Flagstone Resolution.pdf
10-01116a Flagstone Exhibit A.pdf
10-01116a Flagstone Liens and State Waiver Modification.pdf
10-01116a Flagstone Agreement to Enter.pdf
10-01116a Flagstone Ground Lease Part 1.pdf
10-01116a Flagstone Ground Lease Part 2.pdf
10-01116a Attachment 4 of the Flagstone Ground Lease.pdf
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