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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00222
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
RETENTION OF THE CORAL GABLES CITYATTORNEY'S OFFICE, AS OUTSIDE
CONFLICT COUNSEL, PRO BONO, FOR THE REPRESENTATION OF THE
HISTORIC PRESERVATION OFFICER, HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, PLANNING AND ZONING STAFF AND OTHER CITY OF
MIAMI STAFF, ON AN AS -NEEDED BASIS, ON LEGAL MATTERS IN CONNECTION
WITH THE APPEAL(S) FILED BY THE OWNERS OF MET SQUARE UNDER THE
APPLICABLE PROVISIONS OF THE HISTORIC PRESERVATION LAWS IN THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO
HISTORIC PRESERVATION MATTERS.
WHEREAS, the City of Miami Historic and Environmental Preservation Board ("HEPB") recently
considered and disproved an action plan presented for the conservation and preservation of historic
and archeological resources, artifacts and findings located at the Met Square Project ("Met Square"),
300 Southeast 3rd Street, Miami, Florida, within the existing Miami Midden I Site / 8DA 11 / Dupont
Archaeological Conservation Area; and
WHEREAS, at a February 14, 2014 HEPB meeting, the action plan was not approved, and that
decision has been appealed by the Owner /Applicant Met Miami ("Met Miami" or "Appellant"); and
WHEREAS, Met Miami has additionally indicated that it will be appealing to the City Commission
any local designation of the property by HEPB;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. At a special meeting of the HEPB held on February 14, 2014, the HEPB considered,
and rejected as unsatisfactory, the action plan presented by the owners of Met Square to preserve
certain archeological and historic features of the property located at 300 Southeast 3rd Street, Miami,
Florida.
Section 3. The Owners of Met Square, MDM Retail, Ltd.( "Met Miami" or Owners") have filed a
Notice of Appeal of this decision to the City Commission under the applicable provision of the Historic
Preservation Laws as set forth in Chapter 23 of the Code of the City of Miami, Florida, as amended
("City Code").
City of Miami Page 1 of 2 File Id: 14-00222 (Version: 1) Printed On: 3/4/2014
File Number: 14-00222
Section 4. The Historic Officer was further instructed pursuant to the direction of the HEPB to
prepare a report to the HEPB to consider preliminary local designation of Met Square at a meeting
scheduled for March 4, 2014. Any decision to designate the property as historic by the HEPB, will,
based on written communications from the owners, be also the subject of an appeal to the City
Commission.
Section 5. The Office of the City Attorney advises the HEPB, the City Commission, and City staff
on legal and procedural matters.
Section 6. The appeals to the City Commission are quasi-judicial hearings at which the decisions
and opinions of the Preservation Officer, the HEPB, and/or the Planning and Zoning Director
("Director") could conflict or be at odds with decisions and opinions of the City Commission and the
City Administration relative to this matter and the Office of the City Attorney wishes to avoid any
possibility of a conflict arising in its legal representation.
Section 7. The retention of the Coral Gables City Attorney's Office, as outside conflict counsel, pro
bono, for the representation of the Historic Preservation Officer, the HEPB, Planning and Zoning staff
and other City staff, on an as -needed basis, on legal matters in connection with the appeal(s) filed by
the owners of Met Square under the applicable provisions of the historic preservation laws in the City
Code relating to historic preservation matters, is approved.
Section 8. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission .
City of Miami Page 2 of 2 File Id: 14-00222 (Version: I) Printed On: 3/4/2014