HomeMy WebLinkAboutCC 2010-09-23 Marked AgendaCity of Miami
Marked Agenda
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 Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Thursday, September 23, 2010
9:00 AM City Hall Commission Chambers
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present:
Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo,
Commissioner Suarez and Commissioner Dunn II
On the 23rd day of September 2010, the City Commission of the City of Miami, Florida,
met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in
regular session. The meeting was called to order by Chair Sarnoff at 9:37 a.m., recessed
at 12:42 p.m., reconvened at 2:47 p.m., and adjourned at 5:14 p.m.
Note for the record: Vice Chair Carollo entered the chambers at 9:41 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Carlos A. Migoya, City Manager
Priscilla A. Thompson, City Clerk
Pamela L. Latimore, Assistant City Clerk
ORDER OF THE DAY
City of Miami Page 1 Printed on 10,8/2010
City Commission
Marked Agenda September 23, 2010
SI.1
10-00425
Office of Strategic
Planning, Budgeting,
and Performance
SUPPLEMENTAL AGENDA ITEMS
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
MOVED: Richard Dunn II
SECONDED:
UNANIMOUS
Francis Suarez
Motion that this matter be WITHDRAWN PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
SI.2 ORDINANCE First Reading
10-01069
Office of the City
Attorney
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 FR/SR MEMO.pdf
10-01069 FR/SR LEGISLATION.pdf
MOVED: Richard Dunn II
SECONDED:
UNANIMOUS
Francis Suarez
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
S1.3 RESOLUTION
10-01071
Office of Strategic
Planning, Budgeting,
and Performance
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2010.
City ofMiami Page 2 Printed on 10/8/2010
City Commission
Marked Agenda September 23, 2010
10-01071 SUMMARY FORM.pdf
10-01071 LEGISLATION.pdf
R-10-0418
MOVED:
SECONDED:
Frank Carollo
Francis Suarez
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner(s) Sarnoff, Carollo, Suarez and Dunn II
ABSENT: Commissioner(s) Gort
SI.4 RESOLUTION
10-01072
Office of the City
Attorney
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
ATTORNEYS 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-CIV-UNGARO.
10-01072 MEMO.pdf
10-01072 LEGISLATION.pdf
10-01072 EXIBIT.pdf
MOVED: Richard Dunn II
SECONDED:
UNANIMOUS
Francis Suarez
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
SI.5 RESOLUTION
10-01116a
Honorable Mayor
Tomas Regalado
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, INTERALIA: (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
City ofMiami Page 3 Printed on 10/8/2010
City Commission
Marked Agenda September 23, 2010
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 EXHIBITA; 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 EXHIBITA 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 EXHIBITA, 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 ExhibitA.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
R-10-0402
MOVED:
SECONDED:
Francis Suarez
Richard Dunn II
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
NOES:
Commissioner(s) Gort, Sarnoff, Suarez and Dunn II
Commissioner(s) Carollo
ADJOURNMENT
The meeting was adjourned at 5:14 p.m.
City ofMiami Page 4 Printed on 10/8/2010