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CONSENT AGENDA

R5 - Ordinances

A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTIONS 82-382 AND 82-383 THEREOF, TO ABATE SIDEWALK CAFE FEES FOR PERMITTEES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2023; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REVISE FEES CHARGED FOR PARKLET PERMITS, AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

R7 - Resolutions

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 5.7626 MILLS FOR FISCAL YEAR 2022 FOR GENERAL OPERATING PURPOSES, WHICH IS THREE AND SEVEN TENTHS PERCENT (3.7%) MORE THAN THE “ROLLED-BACK” RATE OF 5.5571 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2889 MILLS.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2022.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL AD VALOREM MILLAGE RATE OF 1.0659 MILLS FOR FISCAL YEAR 2022 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ONE THOUSAND THREE HUNDRED ELEVEN AND EIGHT TENTHS PERCENT (1311.8%) MORE THAN THE “ROLLED-BACK” RATE OF 0.0755 MILLS.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR 2022.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022-2026 AND ADOPTING THE CITY OF MIAMI BEACH FINAL CAPITAL BUDGET FOR FY 2022.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FUNDING ALLOCATION OF UP TO $400,000 AS PART OF THE FY 2022 CAPITAL BUDGET, FOR ALL WORK, INCLUDING CHARRETTES AND PREPARATION OF CONCEPTUAL DESIGN OPTIONS FOR THE BYRON CARLYLE THEATER RENOVATION WITH A GROUND FLOOR CULTURAL CENTER COMPONENT, WITH THE FINAL COST OF ALL WORK TO BE COMPETITIVELY NEGOTIATED, AND WITH THE FINAL PROPOSED CONCEPTUAL DESIGN TO BE SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION.

G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF MONICA BELTRAN AS THE PARKING DIRECTOR FOR THE PARKING DEPARTMENT OF THE CITY OF MIAMI BEACH.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(D), OF THE CITY’S LAND DEVELOPMENT REGULATIONS (LDR), FOR THE FUTURE FIRE STATION 1; SAID WAIVERS REGARDING LDR SECTIONS 142-155(A)(3)E, PERTAINING TO THE LOT COVERAGE REQUIREMENTS; 142-155(A)(3)F, PERTAINING TO GROUND FLOOR REQUIREMENTS; 142-155(A)(4)L, PERTAINING TO THE MAXIMUM WIDTH OF THE CURB CUT; 142-155(A)(4)I, PERTAINING TO THE MAXIMUM FLOOR TO FLOOR HEIGHT; 142-155(A)(3)A,1, PERTAINING TO THE MINIMUM ELEVATION OF THE YARD; 142-156(A), PERTAINING TO SIDE, INTERIOR SETBACK REQUIREMENTS; 133-61, PERTAINING TO THE REQUIREMENTS OF THE SHORT FRONTAGE STANDARDS; 133-62, PERTAINING TO THE REQUIREMENTS OF THE LONG FRONTAGE STANDARDS; 126-10(A)(B), PERTAINING TO REQUIREMENTS FOR A BUFFER BETWEEN DISSIMILAR USES; AND, 126-11(A)(B)(H), PERTAINING TO REQUIREMENTS FOR LANDSCAPE AREAS IN PERMANENT PARKING LOTS; IN ORDER TO CONSTRUCT THE NEW FIRE STATION 1.

I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT BETWEEN CLARK CONSTRUCTION GROUP, LLC ("CLARK"), HILL INTERNATIONAL INC. ("HILL"), AND THE CITY OF MIAMI BEACH, FLORIDA ("SETTLEMENT AGREEMENT"), AS ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, TO SETTLE THE LITIGATION STYLED AS CLARK CONSTRUCTION GROUP, LLC, VS. THE CITY OF MIAMI BEACH AND HILL INTERNATIONAL INC., ELEVENTH JUDICIAL CIRCUIT, CASE NO. 2020-002129 CA 01, IN CONNECTION WITH THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"), AND AUTHORIZING THE CITY TO (1) RELEASE $6,400,000 IN RETAINAGE WITHHELD, IN PAYMENT FOR WORK PERFORMED ON THE PROJECT; (2) APPROVE PAYMENT OF $9,090,000 WITHHELD AS LIQUIDATED DAMAGES FROM CLARK ON THE PROJECT PAY APPLICATIONS TO ACCOUNT FOR PROJECT-RELATED SCHEDULE DELAYS, IN PAYMENT FOR WORK PERFORMED ON THE PROJECT; AND (3) APPROVE PAYMENT OF AN ADDITIONAL TOTAL AMOUNT OF $18,010,000, IN FULL SATISFACTION OF ALL PROJECT-RELATED CLAIMS ASSERTED BY CLARK AGAINST THE CITY, INCLUDING, WITHOUT LIMITATION, EXTRA WORK AND CHANGE ORDERS, CLARK'S CLAIM FOR GENERAL CONDITIONS, AND SUBCONTRACTOR IMPACT CLAIMS; WITH THE TOTAL SETTLEMENT AMOUNTS TO BE PAID BY THE CITY IN THE FOLLOWING INSTALLMENT PAYMENTS TO CLARK: $9,000,000 ON OR BEFORE OCTOBER 15, 2021; $9,900,000 ON OR BEFORE DECEMBER 31, 2021; $6,500,000 ON OR BEFORE THE OUTSIDE DATE OF MAY 15, 2022; $6,500,000 ON OR BEFORE DECEMBER 31, 2022; AND $1,600,000 IN PERFORMANCE BASED PAYMENTS TIED TO THE COMPLETION OF THE REMAINING WORK MILESTONES AS SET FORTH IN THE SETTLEMENT AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND ACTING CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION OF THE SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THOSE DOCUMENTS AND/OR AGREEMENTS NECESSARY TO EFFECTUATE THE SETTLEMENT AGREEMENT CONSISTENT WITH THIS RESOLUTION.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING AN AD HOC HOST COMMITTEE FOR THE MARCH 2022 ASPEN IDEAS CLIMATE CONFERENCE, TO BE HELD IN MIAMI BEACH, IN ORDER TO RAISE FUNDS FOR THE CITY'S HOSTING OF THE CONFERENCE; PRESCRIBING THE DUTIES, MANNER OF APPOINTMENT, AND THE TERM OF OFFICE OF HOST COMMITTEE MEMBERS; ESTABLISHING THAT THE CITY'S HOSTING OF THE 2022 ASPEN IDEAS CLIMATE CONFERENCE SERVES A PUBLIC PURPOSE; AUTHORIZING THE ACCEPTANCE OF DONATIONS MADE TO THE CITY FOR THE CITY'S HOSTING OF THE CONFERENCE; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM THE AFORESTATED DONATIONS IN FURTHERANCE OF AND CONSISTENT WITH THE HOSTING OF THE CONFERENCE.

K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, DECLARING THE MONTH OF OCTOBER 2021 AS BREAST CANCER AWARENESS MONTH IN THE CITY OF MIAMI BEACH.

L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, DECLARING THE ONE-MONTH PERIOD BEGINNING SEPTEMBER 15, 2021, AND ENDING OCTOBER 15, 2021 AS “HISPANIC HERITAGE MONTH” IN THE CITY OF MIAMI BEACH.

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-31867, TO EXTEND THE DURATION OF THE “RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM,” AS ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH NOVEMBER 30, 2021, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS THROUGHOUT THE CITY (INCLUDING THE MXE DISTRICT) TO EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR’S COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY’S SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE.

REDEVELOPMENT AGENCY (RDA)

1.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) ADOPTING AND APPROPRIATING THE MIAMI BEACH REDEVELOPMENT AGENCY CAPITAL BUDGET FOR FISCAL YEAR 2022 AND ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022 - 2026.

2.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, ADOPTING THE FINAL OPERATING BUDGETS FOR THE CITY CENTER REDEVELOPMENT AREA, THE ANCHOR SHOPS AND PARKING GARAGE, THE PENNSYLVANIA AVENUE SHOPS AND PARKING GARAGE, AND THE COLLINS PARK PARKING GARAGE FOR FISCAL YEAR 2022.

PRESENTATIONS AND AWARDS (COMMENCES AT APPROXIMATELY 5:00 P.M.)

1 PROCLAMATION PRESENTED TO FEEDING SOUTH FLORIDA PROCLAIMING SEPTEMBER 30, 2021 AS HUNGER ACTION DAY.

2 PRESENTATION OF ANTI-DEFAMATION LEAGUE (ADL) NO PLACE FOR HATE BANNER RECOGNITION TO EACH SCHOOL PRINCIPAL AND CITY OF MIAMI BEACH ADL COMMUNITY OF RESPECT DESIGNATION FOR THE 2020-21 SCHOOL YEAR.

3 PROCLAMATION PRESENTED TO THE DANCE NOW! COMPANY IN RECOGNITION OF THEIR PARTICIPATION IN A SISTER CITIES DELEGATION TO CASCAIS, PORTUGAL, WHERE THEY PERFORMED AS CULTURAL AMBASSADORS IN THE RHI FESTIVAL.

4 PROCLAMATION TO BE PRESENTED TO STUDENTS OF DESIGN AND ARCHITECTURE SENIOR HIGH IN RECOGNITION OF THEIR EFFORTS TO HELP REGISTER BUSINESSES IN THE CITY #PLASTICFREEMB PROGRAM.

5 CERTIFICATES OF RECOGNITION PRESENTED TO THE ORGANIZATIONS AND TEAM LEADERS WHO PARTICIPATED IN THE 2021 INTERNATIONAL COASTAL CLEANUP DAY.

6 PRESENTATION OF THE CITY OF MIAMI BEACH COMMISSION ALBERTO M. CARVALHO EDUCATION ADVOCATE AWARD TO BETH EDWARDS IN RECOGNITION OF HER ADVOCACY AND EFFORTS ON BEHALF OF STUDENTS AND SCHOOLS IN MIAMI BEACH.

Sep 30, 2021 Commission Meeting

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CONSENT AGENDA

R5 - Ordinances

A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTIONS 82-382 AND 82-383 THEREOF, TO ABATE SIDEWALK CAFE FEES FOR PERMITTEES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2023; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

R7 - Resolutions

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR 2022.