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HomeMy WebLinkAboutCC 2017-09-01 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes September 1, 2017 9:00 AM Special Meeting City Hall City Commission Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Tomas Regalado, Mayor Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 1, 2017 PRIEM M I ki V1016YA 1101kiVAki191»ADIC74 Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the Ist day of September, 2017, 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 special session. The meeting was called to order by Chair Hardemon at 9:01 am., and adjourned at 9:11 a.m. Note for the Record. Commissioner Gort entered the Commission chambers at 9:02 a.m., Commissioner Carollo entered the Commission chambers at 9:02 a.m., Vice Chair Russell entered the Commission chambers at 9:03 a.m., and Commissioner Suarez entered the Commission chambers at 9:06 a.m. ALSO PRESENT. Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: (UNINTELLIGIBLE) Frank Carollo; and myself, Keon Hardemon, the Chairman. Also on the dais are the City Manager, Daniel Alfonso; our City Attorney, Victoria Mendez; and our City Clerk, Mr. Todd Hannon. The meeting will be open with a prayer by our Mayor, Tomds Regalado, and I will lead the pledge of allegiance. All rise. What's your name? His mike isn't working. Maybe it's the other one. Todd B. Hannon (City Clerk): It's working now, sir. Invocation and pledge of allegiance delivered. Mayor Tomds Regalado: Thank you, Mr. Chairman. ORDER OF THE DAY Chair Hardemon: We will now begin the meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Oice, or online at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. The material for the item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise City o]'Miami Page I Printed on 0911812017 City Commission Meeting Minutes September 1, 2017 the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public may state his or her first name, his or her address, and what item will be spoken about. A copy of the agenda is available at the City Clerk's Office. Anyone wishing to appeal any decision made by the City Commission may need a verbatim record of the item. A video of this meeting may be requested in the Office of Communications, or viewed online at miamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the scheduled item, whichever occurs first. At this time, we can continue. Thank you. PUBLIC COMMENT PERIOD FOR SPECIAL ITEM(S) Chair Hardemon: Before we move on, I want to open up the floor for public comment. This is the public comment section of the day. There are only two items on the agenda. If you are a member of the public and you're here to speak on any of the two items that are on the agenda, now is your opportunity to be heard. Seeing that there are no persons from the public that want to speak on the items on the agenda, I'm going to close the public comment section at this time. City of Miami Page 2 Printed on 09/18/2017 City Commission Meeting Minutes September 1, 2017 Chair Hardemon: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman; very briefly. I just want to thank the members of the Commission for attending this meeting. It is important, since we are running on a deadline. Also, I just want to thank the Administration, DREAM (Department of Real Estate & Asset Management) and the Law Department, and the City Manager's Office, because they have worked diligently City ofMiami Page 3 Printed ora 09/18/2017 RE - RESOLUTIONS SPA 2525 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Real Estate and ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S Asset RECOMMENDATION APPROVING THE FINDINGS OF THE Management SELECTION COMMITTEE THAT VIRGINIA KEY, LLC ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 16-17-011, LEASE OF CITY OF MIAMI -OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("RFP"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS AND PAYMENT OF A MINIMUM GUARANTEED ANNUAL RENT OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000.00) INCREASED ANNUALLY BY THE GREATER OF THREE PERCENT (3%) OR CONSUMER PRICE INDEX ("BASE RENT") TOTALING APPROXIMATELY TWO HUNDRED THREE MILLION NINE HUNDRED EIGHTY FOUR THOUSAND SIXTY DOLLARS ($203,984,060.00) OVER THE INITIAL TERM; SIX PERCENT (6%) OF GROSS REVENUES; APPROXIMATELY EIGHTY MILLION DOLLARS ($80,000,000.00) PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE IS SUBJECT TO THE APPROVAL OF A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM SPECIAL ELECTION; FURTHER CLARIFYING THAT SUCH AWARD OF THE RFP DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON THE PROPOSER UNTIL SAID FAVORABLE REFERENDUM HAS OCCURRED AS REQUIRED BY THE CHARTER OF THE CITY OF MIAMI, FLORIDA. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez NAYS: Gort Chair Hardemon: Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman; very briefly. I just want to thank the members of the Commission for attending this meeting. It is important, since we are running on a deadline. Also, I just want to thank the Administration, DREAM (Department of Real Estate & Asset Management) and the Law Department, and the City Manager's Office, because they have worked diligently City ofMiami Page 3 Printed ora 09/18/2017 City Commission Meeting Minutes September 1, 2017 doing what the Commission asked them to do. All the process has been completed, and you have before you the final product. Thank you. Chair Hardemon: Mr. Rotenberg, you're recognized. Daniel Rotenberg (Director): Good morning, Chairman and Commissioners. SP.1 - - Daniel Rotenberg, Department of Real Estate & Asset Management. SP.1 is a resolution accepting the Manager's recommendations that Virginia Key, LLC's (Limited Liability Company) top-ranked proposer for RFP (Request for Proposals) 16-17-011, titled Lease of City -Owned Miami Waterfront Property, located at 3301 to 3511 Rickenbacker Causeway; authorizing and directing the City Manager to execute a lease in substantially the attached form, subject to the City Attorney's review and approval as to form and content; 45 years -- It's a 45 year term; two 15 - year option; minimum guaranteed rent of $2.2 million a year, with a 6 percent -- percentage going to the City, subject to a referendum. Chair Hardemon: Are there any changes from our last meeting to what was -- to what's being presented? Mr. Rotenberg: We've -- we're in the process of finalizing the actual lease, so we have the affordable component that's going in there. We're working on the numbers. I think we're -- We've arrived at a formula, which is going to be coming out -- partially coming out of the City's side of the 6 percent gross, and a little bit added onto the 6 percent from the proposer. Chair Hardemon: But have you come up with the figures yet so that --? Mr. Rotenberg: We're -- I think what we're working on right now is three quarters of a point taken from the 6 percent gross, and it would be an additional half of a point possibly coming from the proposer, which would work out to approximately 21, $22,000 initially and throughout continuously after that. Chair Hardemon: Three quarters of a point from the City? Mr. Rotenberg: From that 6 percent that we're going to be getting as the additional rent. Chair Hardemon: And what's the other one? Mr. Rotenberg: We were going to do half of a point from the proposer; an additional half of a point. Chair Hardemon: Commissioners, does anyone want to see --? I'm sure they're here for a presentation, so we probably should see a presentation of what the project is; it's up to the board members, though. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I'd like to move that we defer indefinitely both items SP.1 and SP.2 before we get into the substance of the debate, and that would decide whether or not we're going to take this up today. Chair Hardemon: Been properly moved. Is there a second? Commissioner Suarez: Second. City of Miami Page 4 Printed on 09/18/2017 City Commission Meeting Minutes September 1, 2017 Chair Hardemon: It's been properly moved and seconded to defer this item. Discussion. Todd B. Hannon (City Clerk): Chair, for the record, that's indefinite deferral; correct, Vice Chair? Vice Chair Russell: Yes. Mr. Hannon: Just want to make sure. Chair Hardemon: We can always bring it back earlier (UNINTELLIGIBLE) brand- new item. Mr. Hannon: Within six months; yes, sir. Vice Chair Russell: Thank you. Mr. Chairman, I think we've done a lot of good work to get this process right, and I believe we are in that process. We've seen some very good proposals. We've revamped the RFP. We've hit the "reset" button, and I think we are doing it correctly. There's a process we have for dispute and appeal, which is set out within the RFP, and there are still several days left for which the appellant has notified that they are processing -- they're filing that appeal. I've studied the draft of their appeal. I do have doubts. I would like to hear what a judge has to say about the special master's decision, rather than us taking up the entire process of becoming that judge and jury, as we did last year. That's the whole reason we have the special master. That's why we have the appeal process. I believe that if we take this up today, we're going to be forced to decide on the merits of the case; whether the winning bidder was responsive and responsible, and that does bring into question all the issues within the dispute and within the pending appeal. So, for that reason, I believe there's no reason to rush this. I don't believe there's a financial reason to rush this; and so, I'd like to get it right and let the process flow out, and then it would get on the next ballot. Chair Hardemon: Seconded. Any other discussion? Seeing none, all in favor of the motion? Commissioner Carollo: Aye. Vice Chair Russell: Aye. Commissioner Suarez: Aye. Chair Hardemon: All against? Commissioner Gort: No. Chair Hardemon: Motion passes. Mr. Hannon: And Chair, for the record, I have the motion passing, 4-1 ? Chair Hardemon: No, that's -- Mr. Hannon: 3-2. Commissioner Suarez: No; unanimous. Chair Hardemon: No. There was a --I hear what you're saying. City of Miami Page 5 Printed on 09/18/2017 City Commission Meeting Minutes September 1, 2017 Commissioner Suarez: It passed unanimously (UNINTELLIGIBLE), no? Chair Hardemon: It's 4-1; it's final. Mr. Hannon: Motion passes, 4-1. Commissioner Gort: No, no. Chair Hardemon: It was a verbal -- Commissioner Suarez: Who voted against it? Commissioner Gort: I voted against it. Commissioner Suarez: Okay, 4-1. Mr. Hannon: That's 4-1. Commissioner Suarez: Okay. Perfect. Chair Hardemon: One second. And then SP.2? Vice Chair Russell: That was for both SP.1 and 2. Chair Hardemon: That was for both? Mr. Hannon: Yes; for SP.1 and SP.2, indefinite deferral. Commissioner Carollo: Meeting adjourned? Chair Hardemon: Correct. Meeting is adjourned. City of Miami Page 6 Printed on 09/18/2017 City Commission Meeting Minutes September 1, 2017 SP.2 RESOLUTION 2526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR A REFERENDUM Department of SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE Real Estate and GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 2017 FOR THE Asset PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF Management THE CITY OF MIAMI ("CITY') FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 27.5 ACRES OF LAND ON VIRGINIA KEY TO VIRGINIA KEY, LLC FOR A 45 -YEAR INITIAL TERM WITH TWO 15 YEAR RENEWALS; MINIMUM ANNUAL GUARANTEED RENT OF $2,200,000.00 (WITH ESCALATIONS) TOTALING APPROXIMATELY $203,984,060 OVER THE INITIAL TERM; 6% OF GROSS REVENUES; APPROXIMATELY $80,000,000.00 PRIVATELY FUNDED INVESTMENT TO REDEVELOP THE MARINAS IN AN ENVIRONMENTALLY SENSITIVE MANNER, INCLUDING BOAT STORAGE, RESTAURANTS, RETAIL, AND PUBLIC PARKING?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY PURSUANT TO APPLICABLE LAW. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Carollo, Suarez NAYS: Gort ADJOURNMENT Note for the Record. For minutes referencing Item SP.2, please see Item SP. I. END OF SPECIAL MEETING The meeting adjourned at 9:11 a. m. Citv ofMiarni Page 7 Printed ora 09/18/2017