HomeMy WebLinkAboutSEOPW-CRA-M-02-0182PERSONAL APPEARANCE
PRESENTATION ON
LYRIC THEATRE EXPANSION PROJECT
(BLACK ARCHIVES FOUNDATION)
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DECEMBER 2002
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02- 182
CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: ANNETTE LEWIS, ACTING EXECUTIVE DIRECTOR
FROM: CHELSA ARSCOTT-DOUGLAS� /d
SUBJECT: LI-RIC THEATER EXPANSION PROJECT `- PROJECT BACKGROUND
DATE: 12-1 G-02
CC:
As background, I have compiled the following information relative to the Lyric Theater
Expansion Project
On November 20, 2000, the CRA Board adopted motion SEOPW/CRA R-00-103 that
authorized the CRA to transfer the Parking Lot (P7), located just south of the Lyric Theater at
801 NW 2°d Avenue , to the Black Archives Foundation for the Lyric Theater expansion
project. The CRA further adopted motion SEOPW/CRA R-00-104 that instructed the CRA,
and Special Counsel to work with the City of Miami Administration to facilitate the
immediate transfer of the lot to the Black Archives Foundation and to provide for Phase I1
testing of the site. (See enclosed verbatim transcript)
On December 7, 2000, a letter was submitted by the Florida Department of State to CRA
Special Project Coordinator (Richard Judy) clarifying the issue related to the Black Archives
Foundation's application to the state for funding of the Lyric Theater expansion project and
the need for the Foundation to justify whether it owned or leased the property it sought to
expand.
On December 14, 2000, a letter was submitted by the Black Archives Foundation to the
CRA Executive Director (Dipak Parekh) responding to a number of CRA concerns related to
the Lyric Theater expansion project (See enclosed letter)
On December 18, 2000, the CRA Board adopted resolution SEOPW/CRA R-00-134
which authorized the CRA to enter into a lease agreement with Black Archives Foundation
for Parking Lot P7 consistent with the SEOPW Redevelopment Plan project for preserving
historic buildings. The recommendation by the CRA Executive Director (Dipak Parekh) was
to enter into a 40-year lease of parking lot P7 to Black Archives Foundation which he stated
would not affect the grant received by the Foundation from the State of Florida. The Board
further recommended that when the parking lot is not being used by Black Archives
Foundation, that it would be available to the businesses and entities in the community at no
cost. (See enclosed transcript)
SEOPW/CRA.
02- 182
12/14/2000 00:20 30563623p--, BLAUK AKl;MiVLZ:)
THE BLACK ARCHIVES, HISTORY AND RESEARCH
FOUNDATION OF SOUTH FLORIDA, INC.
Joseph Caleb Community Center
5400 N.W. 22nd Avenue, Building C Suite 101
Miami, Florida 33142
Telephone (305) 636-2390 or Fax (305) 636.2391
December 14, 2000
Mr. Dipak M. Parekh
Executive Director
Community Redevelopment Agency
300 Biscayne Boulevard Way, Suite 430
Miami, FL 33131
RE: Lease Agreement with Black Archives for Parking Lot (P7)
Let me began by taking the opportunity to thank the Community Relations Agency board
and staff for its continued support of the restoration and expansion of the Lyric Theater.
We have reviewed your recent inter -office memorandum regarding a proposed lease
agreement for the land to the south of the Lyric Theater (Parking Lot 7). We have some
concerns regarding the matter that we would like to share with you:
CONCERN 1: The background section of the memo states that "parking and
.locatin? an air-condition system to be funded by a grant from the Department of
State Division of Cultural Affairs." Our current grant and the pending 2001-2002
grant application with the division do not include direct funding for these items.
Since the matter of the lease was not completed before the time of application it
does not fit the unrestricted ownership or undisturbed use restrictions of either
grant application. We will have to use matching fund dollars or funds from next
years application to the division to accomplish the work in question.
CONCERN 2s None of the material we have reviewed regarding the lease
mentions environmental. cleanup. The Level 2 report you shared with us identified a
need for cleanup of contaminants found on the site. It is our understanding that the
city as owner will proceed to clean the site in a timely fashion so that we can move
the electrical equipment from the north site where our Division of Cultural Affairs
grants are currently focused.
,.CONCERN 3: The memo also mentions "the patrons of the Lyric Village." We are
not sure if this refers to the Black Archives Foundation's Historic Overtown
Folklife Village or St. John CDC's Lyric Village Housing proposal It is our
understanding that the St. John proposal is pending litigation and should not be
connected with this transaction.
Please let me know how these concerns impact the current recommendation.
' cerel�
erek T. Davis
Executive Director
Acknowledgements: Miami Dade County Board of Commissioners • Miami Dade County Public Schools • City of
Miami • Cultural Affairs Council • Department of Human Services • OfIce of Community and Economic Development
• ,Florida Main Street • Dade Community Foundation • Performing Arts Trust SEOPW/CRA
02- 182
a
PROPOSED MOTION — LYRIC THEATER AND EXPANSION
In order to facilitate a redevelopment and expansion of the Lyric Theater,
the CRA transfers all of lot numbers 37, 44, 45, and the South 10' of lot
number 36 of Block 36 P.W. Whites Subdivision to the Black Archive
History and Research Foundation of South Florida, Inc.
In addition, CRA is to conduct a level 2 environmental audit and conduct
all necessary environmental remediation on the South 10 of Lot #36, all
of lot numbers 37,44 and 45.
Further, the CRA will assist and cooperate with the Black Archive
History and Research Foundation of South Florida, Inc. to facilitate
closure of the 10' wide alley which runs adjacent to the property, between
N.W. 8`h Street and N.W. 9th Street, and assist in re -platting of the
property as may be required.
Land associated with said alley closure, located adjacent to and between
lot numbers 19,20,21,22,27,28,29,30,35,36,37,38,43,44,45, and 46 shall
become the property of the Black Archive History and Research
Foundation of South Florida, Inc. Land associated with said alley closure
located adjacent to and between lot numbers 3,4,5,6,11,12,13 and 14 shall
become the property of the Community Redevelopment Agency or it's
desingee.
CRA staff should arrange for all necessary surveys and see to it that said
transfer of property is completed within ninety (90) days.
SEOPW/CRA
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LYRIC VILLAGE PROPERTY
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LOT 3 LOT 6 LOT 11 LOT 14 LOT 19 LOT 22 LOT 27 LOT 30 LOT 35 LOT 38 LOT 43 LOT 46
LYRIC PLAZA
LOT 4 LOT 5 LOT 12
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ALLEY TO BE VACATED
kANCILLARY IBUILDING
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12/07/2000 15:28 850-922-5259 DIV. OF CULIUKAL AFF HALL b2/b3
DIVISION5 OF FLORIDA DEPARTMENT OF STATE
pfhoe of the 4eretary
Offica of Inttrnalfonal Rclati ms
Division of Elections
Div iaion of Corpora titm6
D'V10on of Cultural Affairs
Division of Histoflcal Reaourte8
Division of Llbrary and 1nf—M,1 0n Sl'r icca
DlviS;0o of Licenaing
t>vkion of Administrative 5ervitits
December 7, 2000
FLORIDA. DEPATUMENT OF STATE
Katherine Hanxis
Seclretaiy of State
DIVISION OF CULTURAL AFFAIRS
Mr, Richard Judy
Special Project Coordinator
City of Miami
Community Redevelopment Agency
300 Biscayne Boulevard Way
Suite 430
Miami, Fl 33131
Dear Mr. Judy:
M13MBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Imptvvemcnt Trust Nod
Adnnlnlstration Commi:sliotl
Aodda Land and Water Adjudltatory Commix on
Siting Hoard
Divlsfon of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor vehktr,
LhpsOM4tM Of Veterans' Affnnd
Thank you for your letter of December 1, 2000 and your request for information regarding the
Cultural Facilities Program requirement of Undisturbed Use, The following is taken from the
2 001-2 002 Cultural Facilities Program Guidelines and Application, Tab 6, pages 34-35:
TAB. b: OWNERSHIP OR LEASE OF PROPERTY/FACILITY
Applicant organizations must document ownership or undisturbed use as follows:
1. Legal proof of umreAricted ownersbip of property and budding. Unrestricted
shall mean unqualified ownership and power of disposition. ]Property that does not
meet the unrestricted ownership criterion will not be eligible for match.
Documentation may include a deed, title, or copy of a recent tax statement.
Provisional sales contracts, binders, or letters of intent are not acceptable
documentation of ownership.
WE
2. Undisturbed use of property for a specific period of time. This specific
period of time must begin no later than the deadline date for the application in which
funding is requested, and roust continue for the minimum period of time required
according to the Project Scope.
Docuzzneatation must include an executed copy of a lease and a written explanation, of
any easements, covenants, or other conditions affecting the use of the site or facility,
or both. Remember, the owner/lessor must be a public entity governed by either a
municipality or county, or a not -for -profit entity.
FLORIDA-STATE OF THE ARTS SEOPW/CRA
The Capitol • Tallahassee, Florida 32399-0250 • (850) 487-2980
FAX: (850) 922-5259 • TT: (850) 488-5779 • http://www.dos.state.fl.us r c2 _ 182
1 L/V!/LCJOCJ LJ. L0 O:JU-7L/p%E07 lily. ur uuLiu-,�-yL Hrr rAGE 03/03
Mr. Richard Judy
December 7, 2000
Page 2
Examples of Project Scope and minimum lease periods required of the
applicant:
Lease
eject Scope MiniTnum
Equipment, capital fixtures (not office furniture) 10 years
Building Renovation:
Improvements 20 years
Increase of square footage 30 years
Building Construction (land is leased) 40 years
Important: The length of the lease is measured from the date of application.
The owner of the property must also sign. the "Owner's Page" of the Xestrictive Covenants
(Attachment C of the Grant Award Agreement). The complete text of the Restrictive
Covenants is in the Guidelines. I have asked that a copy of the Guidelines be sent to you.
T.£you require additional information please call me at (850) 487-2980, ext.131, or write to the
Division of Cultural Affairs, The Capitol, Tallahassee, Florida 32399-0250,
Sincerely
, ,r
Donald R. Blancett
Arts Administrator
02- 182
SEO�PW / CRA
12. (A) TRANSFER PARKING LOT (P7) TO BLACK ARCHIVES -- PROVIDE TESTING
AND REMEDIATION -- ACCEPT ALLEY BY LYRIC THEATER;
(B) CONSTRUCTION OF PARKING LOTS P2, P3, AND P4; SAME CONTRACTORS FOR
P1, P5 AND P7, AND FENCING.
Chairman Teele: OK. We've got a number of items. I don't think -- there's only one or two controversial
items, and that is the item relating to Mr. -- the housing unit. Ms. Sawyer, did you want to come forward?
If so, we'll take up Item Number -- if you're ready to leave.
Dorothy Fields: She has to get to the microphone.
Chairman Teele: Item number 20-A and B.
Vice Chairman Winton: Twenty -A and B?
Commissioner Teele: Right. Twenty, 2-0, "A" and `B." Ms. Sawyer, you wanted to make a statement, I
believe?
Bernice Sawyer: Yes.
Chairman Teele: It relates to 20-13, P-7.
Ms. Sawyer: Yes. In reference to the parking lot.
Chairman Teele: Your name is Ms. Bernice Sawyer.
Ms. Sawyer: I'm Bernice Sawyer, yes.
Commissioner Teele: And you live at?
Ms. Sawyer: And I live at -- I don't know the exact address.
Commissioner Teele: Poinciana Village.
Ms. Sawyer: Yeah, Poinciana Village. That's good enough. We have been struggling a long time in
Overtown, and at first, the City Commission said they wouldn't bother that little piece of land. And then
the City came back and they said that I had to get rid of it. And so I told them that the Black Archives
needed space, and we'd like for them to have it so they could have some place to park, because, as you
know, they put a mural on the little bit of land that they did have. And this was just a small piece of land.
And so that was what was done. But now, I understand that they didn't do that. So where do we go from
here?
Chairman Teele: Ms. Sawyer, that's totally incorrect. Let me tell you exactly what has happened.
Ms. Sawyer: OK.
39 11 /20?WPW/CRA
02- IS2
N.:
Chairman Teele: Because I reconstructed the record. Your family, your husband and you sold the City of
Miami --
Ms. Sawyer: Yes.
Chairman Teele: -- back in the `80s --
Ms. Sawyer: Yes.
Chairman Teele: -- this land, which was a gas station.
Ms. Sawyer: Yes.
Chairman Teele: Subsequently, the City of Miami deeded it or conveyed it to the CRA (Community
Redevelopment Agency). Two years ago, the CRA planning consultant recommended that this lot that
was just vacant there be environmentally cleaned and cleared of all the tanks and everything that's
underneath it at the cost to the CRA, and further, that the lot be prepared as a finished parking lot, based
upon the plans by the consultant of the Black Archives. And it's my understanding to date that the CRA is
prepared to go ahead -- the Executive Director, at least, has recommended that the CRA go ahead and
pave the parking lot and prepare it for the primary use of the Black Archives. The cost of that is going to
be approximately -- Dipak, did you all have a memo? Because we asked that you all research all of the
money that we've spent on that lot, starting with the engineering and the excavation, et cetera.
Dipak Parekh (Executive Director, CRA): You will have it momentarily.
Chairman Teele: But essentially, the CRA is prepared -- is the consultant here? Mr. King or anyone?
Ms. Sawyer: You said that the CRA did pay for the clearing of the land?
Chairman Teele: The CRA --
Ms. Sawyer: I had to pay five thousand dollars ($5,000) for --
Chairman Teele: When was this?
Ms. Sawyer: Before it was sold.
Chairman Teele: Back in the `80s?
Ms. Sawyer: Yes. For -- what do you call that --
Ms. Fields: Cleaning up.
Ms. Sawyer: No, it wasn't cleaning up. It was the --
Chairman Teele: Ms. Garcia, did you all do an environmental on this?
40 0� 1 /20/0 f 82
S�EGOPW / CRA
Tere Garcia: No, we did not.
Chairman Teele: Who did the environmental on it?
Ms. Garcia: That was one of the parking lots that was going to be done by, I believe, staff engineering or I
believe that the consultant for the Lyric Theater had already a plan for it. But that was not one that was
included; 2, 3 and 4 were the ones that we took care of all the environmental, of all the environmental
work.
Mr. Richard Heisenbottle: Someone needs to take care of the environmental on this.
Ms. Garcia: I agree.
Chairman Teele: Say again?
Mr. Heisenbottle: Someone needs to take care of the environmental work on P-7, as well.
Chairman Teele: Well, look, this is the point. And I mean, I want to be very clear about this. Everything
-- and I think confusion is being created. Since I have been here, the one thing that I've said is we're not
going to do what the City of Miami has traditionally done, that's give problems to the neighborhood. The
CRA voted and approved that we will take the responsibility of clearing that lot environmentally, which
was a gas station. Is that correct, Dipak?
Mr. Parekh: Yes, sir. Level 1 was already done.
Chairman Teele: Level 1 was already done.
Mr. Parekh: Yes.
Chairman Teele: We also have said -- and the item on the agenda right here, which is 20-B -- is that we're
approving the construction of a parking lot, P-1, 5 and 7. This is P-7, right?
Mr. Parekh: Yes, sir.
Chairman Teele: To the plans as done by the Black Archives engineer. Is that correct?
Mr. Parekh: Yes, sir.
Chairman Teele: And what's the total cost of all of this work going to be, approximately? No, no, no, for
just P-7. It's approximately going to be two hundred thousand dollars ($200,000), as I understand the
numbers.
Mr. Parekh: Yes, sir. And the engineering cost us twelve thousand dollars ($12,000), and Phase I,
twenty-five hundred dollars ($2500).
41 11/2 pW/CPA
f- 182
Chairman Teele: Did we pay for the Phase I?
Mr. Parekh: Yes, sir.
Chairman Teele: OK. So the point I want to be very clear is this: The easy thing for the CRA to do
would be to say we're going to turn the lot over to the Black Archives. And then you all have got a two
hundred thousand dollar ($200,000) expenditure on you all, or a hundred plus thousand -dollar
expenditure. What I thought we were doing is what -- you know, the consultants said that they had met
with everybody, which was to take your consultants' plan and to implement it at our cost, because we own
the land. Now, if we transfer the land, we obviously are not in the business of doing that that way. So you
need to tell us what you'd like to do, Ms. Fields.
Dorothy Fields: We need --
Chairman Teele: Dorothy Fields, Black Archives.
Ms. Fields: Thanks. Dorothy Fields from the Black Archives and a member of the board for the Lyric
Theater. We're asking the CRA to convey Parking Lot 7 to the Lyric Theater. We're asking that you
vacate the alley for replatting as a part of the parking lot, and to give evidence of Level 2 testing on the
property. We have State funds in the amount of five hundred thousand dollars ($500,000) to begin the
expansion on the north side of the theater. In order to begin this expansion, the electrical equipment on
the north side must be relocated, and a loading dock connected to the theater is needed on the south side.
State funds require that the owner, lessor sign a restrictive covenant regarding usage of the theater. And
you all have in your packages information from the State of Florida setting forth that information. Now,
before the CRA took possession of the property on the south side of the theater, the previous owner, Bill
and Bernice Sawyer intended to give it to the Lyric Theater. That's why I asked Ms. Sawyer to come
today, and appreciate her making that long walk. But it was important to her to be able to say that the
intent of the family was to give the property to the Lyric Theater. However, because there was previously
a gas station on the site with suspected oil spill, this property was deeded to or given to the City of Miami
to be -- with the understanding that it would be conveyed to the Lyric after the oil spill was cleared.
We've been told on several occasions that Level 2 testing has been done, and we have asked for that
evidence, because the State is going to require that we show the Level 2 clearing has been done. And we
are asking the City to do Level 2 testing if it has not been done. If it has been done, then certainly, just
give us the information. The time frame to utilize available state funds is very tight. Construction
drawings for Parking Lot 7 are complete, and Mr. Heisenbottle will talk about that. Replatting takes an
estimated eight months. State funds that we have in hand must be encumbered by June 30, 2001. The
latest State funds can be expended with an approved extension is April 30, 2002. So we really are in a
time warp to have this land replatted to us. The Chairman had asked earlier --
Chairman Teele: Ms. Fields, let me see if I understand this. Are we talking about just the parking lot?
Because --
Ms. Fields: Just the parking lot. Just P-7.
Chairman Teele: Mr. Attorney -- where is the City Attorney?
42 111,E 00
Upwi 2
Alejandro Vilarello (City Attorney, City of Miami): Right here, sir.
Chairman Teele: How can we tonight deed P-7 over to the Black Archives? What are the limitations by
State law? Do we have to get consideration? Do we -- Can we do it as a grant? I support doing it as a
grant. But I'm totally confused right this moment, because it was my understanding, after meeting with
Ms. Fields, after hearing from both Mr. Tyler and Mr. Dipak that we were doing the Black Archives the
best favor we could do by paving the lot, et cetera, and fixing it up to the tune of two hundred thousand
dollars ($200,000). If their request is to turn the land over to them and let them do it, I don't have any
problem. If they've got the money to do it, you know, that just frees up two hundred thousand dollars
($200,000) for some other uses. So Mr. Attorney, how can we do it? I think all of us want to do not only
what Ms. Sawyer intended, but we want to support the Black Archives to the extent that we legally can.
And, you know, every time we get into this property stuff, I turn to the lawyers, because the one thing that
the CRA has got to be very careful about, in my judgment, is how we move property under Chapter 163.
Mr. Vilarello: Commissioner, certainly, Mr. Bloom has been directly involved in this. Is this on?
Chairman Teele: I don't mean at all to cut you out, Mr. Bloom. I apologize. I was trying to kill two birds
with one stone, so to speak.
Mr. Vilarello: The process does require some notice and advertising and perhaps Mr. Bloom can address
that. The answer to your question, though, initially was -- your question was, "Can you do it tonight?"
And the answer is: "No." Perhaps Mr. Bloom can explain that.
Chairman Teele: What can we do tonight? Give us a motion that someone can make to instruct the City -
- I'm sorry. We can't instruct the City Manager of anything up here. What can we do to instruct the
Executive Director and the counsel, including special counsel to prepare this so that it is ready to move at
the next board meeting? If necessary, we'll call a board meeting for it.
Mr. Vilarello: Exactly that, Commissioner. To prepare all the necessary documents, to do all the
necessary notices required by state statute to deed the property over to the Black Archives. And you can
direct the Executive Director to do that, together with the assistance of either special counsel or my office.
Board Member Sanchez: Mr. Chairman.
Chairman Teele: Commissioner.
Mr. Vilarello: And that would have to be approved at the next board meeting of the CRA.
Chairman Teele: Can we do it without consideration? Mr. Judy, you know, you guys need to tell us, now,
because whatever the rules are, this is the rule we're going to live with, because when I wanted to do this
for Housing -- who was that for? The -- ?
William Bloom (Legal Counsel, CRA): Jubilee.
Chairman Teele: -- Jubilee, you all told me I couldn't do it.
43 11 I§WWICRA
02- 182
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Mr. Bloom: Right.
Chairman Teele: Is that right?
Mr. Bloom: That's correct.
Chairman Teele: So can we do it for the Black Archives?
Mr. Bloom: It's my understanding it has to be done for consideration. And that doesn't mean you can't
give grants to offset the cost. But it's something I think we have to research and present at the next
meeting.
Vice Chairman Winton: Well, how do you define "for consideration"?
(UNINTELLIGIBLE COMMENTS)
Richard Judy (Executive Director, CRA): There's a provision in the statute where you come with the
findings to justify it. It has to be real. And I'm just telling you point blank what 380 says.
Chairman Teele: Does it have to be fair market value?
Mr. Judy: No, sir. It can be -- there are exceptions to it, but you have to deal with it carefully. And I
think it's in the best interest of everybody that we get together and do that, and not -- and work that out
first. There is a way to do it, but I think --
Vice Chairman Winton: Well, we also need to understand what the time frame is there, because there's
real money, State money at risk. And --
Mr. Judy: We'd like to check that out also, because I think that the property that they're talking about is
the northern property, and that's with the (unintelligible).
Ms. Fields: No, no, we have the money, Mr. Judy. The northern property we already own. We're talking
specifically about Lot 7.
Chairman Teele: The southern block.
Mr. Judy: That's the five hundred thousand dollars ($500,000) --
Chairman Teele: I'm confused.
Board Member Sanchez: Is it just PZ-7? I mean, is it just P-7?
Chairman Teele: At this point --
(UNINTELLIGIBLE COMMENTS.)
44 WzDJ0018 2
SEOPW / CRA
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Board Member Sanchez: We've taken care of that. Now, the other thing is, you know, we have to be very
careful, once again, as the Chairman said it, very careful that we don't violate the 163. So I think that the
legal should tell us exactly how to do it, so it's done right, because we've got to be very careful, once
again. When it comes to transfer of land and stuff, that's a major concern that I have.
Ms. Fields: And we would also ask that the --
Chairman Teele: Excuse me. Hold it, hold it. Please, let's just take one thing at a time. I'm going to
yield to the Vice Chair for the purpose of making a motion. Mr. Chairman, would you accept.
Vice Chairman Winton: Please.
Chairman Teele: I would move that the CRA staff and attorney, working with the City staff, prepare the
proper notices, and resolutions and recommendations to facilitate the transfer for consideration of what is
now referred to as P-7 Parking Lot to the Black Archives, as is, immediately, and that at the next board
meeting, notices be provided for further action by the CRA on December 18`h. I would so move.
Board Member Sanchez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion.
Board Member Sanchez: Discussion. My dear, would that give you sufficient time?
Ms. Fields: Yes.
Board Member Sanchez: OK.
Ms. Fields: But we would also ask that the level testing -- Mr. Tyler, assured us that level testing --
Chairman Teele: I include -- I will include that we be responsible for providing the testing.
Vice Chairman Winton: Phase II.
Chairman Teele: Phase II testing, which has not been done, as a part of the transfer of land.
Ms. Fields: Yes.
Mr. Heisenbottle: Commissioner, can we also elicit your assistance in going forward with the vacation of
the alleyway, the ten -foot alley --
Chairman Teele: Hold it, hold it, hold it. No, no. One motion at a time.
Mr. Heisenbottle: OK.
Chairman Teele: And I would further amend that the Phase II testing, as well as remediation be provided
as part of the motion.
45 11 /20 ®PW / CRA
1- 182
Board Member Sanchez: What are we talking about here?
Chairman Teele: We have no idea what remediation is. So -- but my view is if the City has had the land,
we should have done it and cleaned it up, anyway. And I don't think we ought to continue to transfer
responsibilities of remediation onto private property owners. You know, we're going to pay it either out
of the CRA pocket or we're going to pay it out of the City pocket, because the Black Archives, in all
honesty, generates most of its -- 99 percent of its revenue-- 95 percent of its revenue from governmental
bodies. So it's no need in arguing about who's going to pay for it. We ought to just go ahead and pay for
it.
Board Member Gort: Mr. Teele.
Vice Chairman Winton: Commissioner.
Board Member Gort: Oh, I'm sorry. Mr. Chairman, my understanding is, in looking at different projects
that have been done throughout the City, I believe we -- and I agree with Commissioner Teele. We need
to work with the Lyric Theater. I think this is one focal point that if well done and is established can bring
a lot of people into the area, which is much needed. So I think we should try to do whatever is possible to
make sure that it gets done.
Vice Chairman Winton: Commissioner Sanchez.
Board Member Sanchez: Once again, we are turning the land over to them. Two is, we did Phase I. I'm a
little concerned that we're going to end up paying for Phase II and mediation. That's the concern that I
have as the seconder of the motion. That's the concern that I have.
Chairman Teele: May I respond?
Board Member Sanchez: Yes, sir.
Chairman Teele: Commissioner, let me tell you what's so ridiculous about this. The resolution that is
before us right now -- not the one that I just made -- we would have done Phase I, done Phase II, paved it
and given it to them for one dollar ($1) a year. And it doesn't take a -- you know, I can figure out what
the best deal is. But this is the deal that they want, and this is the deal that I'm prepared to give them. But
-- because we were going to pay-- we had budgeted almost two hundred thousand dollars ($200,000).
This resolution, in effect, saves the CRA two hundred thousand dollars ($200,000).
Board Member Sanchez: I understand that, but I was never informed we were going to turn it over to
them.
Chairman Teele: Well, this lot, P-7 has always been for the benefit of the Lyric Theater. It has no other
use other than for the community. The longshoremen and other activities in the area -- it's directly in
front of the longshoremen union hall, directly adjacent to the Lyric Theater. The only thing that -- 8`'
Street is right there. So the only beneficiary users will be the Lyric Theater, the longshoremen union hall
and any businesses. The way we have justified this in funding it is funding it as an economic development
46 / CRA
N12001 8 2
activity for the businesses and the longshoremen in the area. It's not -- because, remember, we've said
consistently, if it's going to be for a culture activity, the CRA is not going to do it. That goes to the City
of Miami. This is not the culture agency funding source. The City of Miami does that. We are into the
economic development. And we justify this parking lot as a part of the overall economic development of
this neighborhood. There's a corner grocery store that has no parking there. There is a longshoremen
union hall that is there. So we've tried to work constructively with the overall neighborhood. If they
would like it for their exclusive use, the concern that I would have had, and I mean, I'll state it on the
record, is when it's not in use, when the Lyric Theater is not in use, which is going to be, you know, 85,
90 percent of the time, if you take the day and divide a clock around it to 24 hours, what you're doing is
taking a parking lot, now, out of circulation for economic activities. And that's my concern. But, you
know, six in one hand, half a dozen in the other.
Board Member Sanchez: And another question I have: Is that property in litigation right now?
Chairman Teele: No, sir.
Board Member Sanchez: No, it's not? OK.
Vice Chairman Winton: Commissioner --
Board Member Sanchez: Call the question.
Vice Chairman Winton: Well, I have one -- I'm 100 percent in favor of everything Commissioner Teele
has said, and I think we've got to do this. I am concerned, however, about one piece of this, and I do
agree with the concept that we need to remediate it, period. But I am concerned about making a motion
that obligates us in a time certain process here to undertake a financial obligation that we really -- at least
right now, I don't, and maybe you all have some numbers, but I have no idea what that financial
obligation is. And if I knew what it was, then it would be easier for me to say, absolutely, yes, we've got
to spend the money to do it. But not knowing what that is, it doesn't --
Chairman Teele: I'll be more than happy to remove the remediation portion from that for the purpose of
this motion to move forward, and then take that up as a second motion.
Vice Chairman Winton: Right. And understanding that we're in favoring of doing the -- I agree with you.
It's our responsibility to get it done, but I'd like to know what the number is before I vote on this. So
we'll remove that.
Chairman Teele: Call the question.
Board Member Sanchez: With the clarification --
Chairman Teele: With the clarification the remediation is removed from this motion.
Board Member Sanchez: Second.
47 11/20WP55 "CRA
02- 182
Mr. Bloom: Well, one other clarification I'd like to make. As you know, there was an RFP (Request for
Proposals) done in 1996 with respect to the Lyric Village.
Chairman Teele: No, this has nothing to do with that.
Mr. Bloom: I just wanted to make -- clarify that these lots, as far as I know --
Chairman Teele: This is only one lot.
Ms. Fields: This is the parking lot.
Mr. Heisenbottle: No, it's more than one lot.
Mr. Bloom: This appears to be Lots 37, 44 and 45. That's what they're talking about.
Chairman Teele: What we call P-7, yes.
Mr. Heisenbottle: What we call P-7.
Chairman Teele: Correct.
Vice Chairman Winton: So those three lots.
(UNINTELLIGIBLE COMMENTS.)
Vice Chairman Winton: And Mr. Bloom?
Mr. Bloom: To clarify, it's our intention that these lots were not part of that RFP.
Chairman Teele: Right. To the extent that these lots are not a part of that RFP. That's correct.
Mr. Bloom: That's correct.
Chairman Teele: Call the question.
Vice Chairman Winton: OK. We have a motion and a second. All in favor, "aye."
The Board (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries unanimously.
48 sE 11/2Q 00
02-- 1,82
The following motion was introduced by Chairman Teele, who moved for its adoption:
SEOPW/CRA MOTION NO. 00-103
A MOTION OF THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA") DIRECTING
THE EXECUTIVE DIRECTOR AND THE ATTORNEY TO WORK
WITH THE CITY OF MIAMI ADMINISTRATION TO PREPARE THE
PROPER NOTICES, RESOLUTIONS AND RECOMMENDATIONS
TO FACILITATE THE IMMEDIATE TRANSFER OF WHAT IS NOW
REFERRED TO AS P-7 PARKING LOT, "AS IS," TO THE BLACK
ARCHIVES; FURTHER DIRECTING THE EXECUTIVE DIRECTOR
TO PROVIDE FOR PHASE II TESTING WHICH HAS NOT BEEN
DONE AS A PART OF THE TRANSFER OF LAND; AND FURTHER
DIRECTING THAT SAID MATTER BE SCHEDULED FOR THE
NEXT CRA MEETING ON DECEMBER 18, 2000.
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following
vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None
ABSENT: None
Chairman Teele: Mr. Chairman, a second motion would be to instruct the Executive Director to prepare a
recommendation and resolution at the next meeting providing a grant from tax increment funds -- from tax
increment funds to the Lyric Village -- to the Lyric Theater for the purpose of providing legal
consideration of this land; and further, to make a recommendation regarding the remediation relating to
the land. I would so move.
Vice Chairman Winton: We have a motion and a second. Discussion.
Chairman Teele: Discussion. Mr. Chairman, the purpose of this is this: It does us no good to -- Did you
say you all have the money for this?
Board Member Sanchez: Yes.
Chairman Teele: I withdraw the motion.
49 11/ O�00 WXRA
02- 182
w
Board Member Sanchez: That's the concern. My concern is that --
Chairman Teele: I withdraw the motion.
(UNINTELLIGIBLE COMMENTS.)
Ms. Fields: We were told that the Level 2 testing has already been done on the property, so we're asking
for the evidence of that. If not, we would certainly, since the City has had the property since the `80s, we
would ask that that would be done, because our money is for capital improvement.
Chairman Teele: Ms. Fields -- Mr. Chairman, if you would allow it, I would move that the Executive
Director in the next meeting make a recommendation and determine the funding necessary for Level 2
remediation as necessary, if it has not been done.
Vice Chairman Winton: Well, it's for the Phase II test and --
Chairman Teele: I'm going to take it a step further. Phase II test and remediation.
(UNINTELLIGIBLE COMMENTS.)
Board Member Sanchez: And my concern is I just can't write a blank check.
Chairman Teele: OK. All we're doing is directing them to go back at the next meeting.
Board Member Sanchez: OK. Second.
Vice Chairman Winton: OK. We have a motion and a second. Any other discussion? Being none, all in
favor, "aye."
The Board (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries unanimously.
The following motion was introduced by Chairman Teele, who moved for its adoption:
SEOPW/CRA MOTION NO. 00-104
A MOTION OF THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA") DIRECTING
THE EXECUTIVE DIRECTOR TO MAKE RECOMMENDATIONS TO
DETERMINE NECESSARY FUNDING FOR PHASE II TESTING AND
REMEDIATION RELATED TO P-7 PARKING LOT.
SEOP`V/ CRA
50 0 211/2108 2
E2
Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following
vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None
ABSENT: None
Chairman Teele: Mr. Chairman, would you just hold onto that, because Ms. Fields -- I'm sorry.
Ms. Fields: Yes. We just have one more item, and that is that the alley behind the Lyric be vacated so
that it can be replatted as a part of Parking Lot 7. That's where the loading dock is to be for the theater,
and it's the alley that we share with the CRA.
Vice Chairman Winton: And it's a dedicated alleyway?
Richard Heisenbottle: It's a dedicated alleyway, John, only on paper. Never been improved.
Vice Chairman Winton: Never been used, right?
Mr. Heisenbottle: Just sitting there doing nothing right now.
Board Member Sanchez: Mr. Attorney --
Chairman Teele: Mr. Chairman, I would move the acceptance of the dedication of the alleyway to the
extent it is not a part of the RFP that was done relating to the Lyric Village, and further require that the
staff conduct surveys to determine the exact parameters and determine the feasibility of that dedication.
Mr. Judy: Feasibility, right.
Chairman Teele: Feasibility as well as the lawyers to provide an affirmative sign -off or memorandum that
this is a matter that we can do, in that it is not in litigation. I would so move.
Board Member Regalado: Mr. Chairman.
Vice Chairman Winton: Do we have a motion?
Mr. Bloom: Well, Commissioner --
Vice Chairman Winton: Do we have a second?
51 111W/CRA
02- 182
Board Member Regalado: Second.
Mr. Bloom: The item is in litigation at this point with respect to Lyric Village, and to the extent that
alleyway adjoins that property, there's an access --
Chairman Teele: Can't do it.
Mr. Bloom: Can't do it.
Ms. Fields: Well, part of --
Board Member Sanchez: That was going to be my question.
Vice Chairman Winton: Hold on, hold on.
Board Member Sanchez: That was my question. I knew that one of the properties was in litigation, and
that's a concern.
Mr. Judy: So is the alley.
Mr. Bloom: Correct.
Mr. Heisenbottle: How can the alleyway be in litigation, Mr. Judy?
Mr. Judy: Because there's a possibility of access into that. There's a whole problem of the two road
systems there. As you well know, there is a problem there. We should look at the development concept
for that lot to be sure that it's saved and being used properly for both your interest and the interest of our
property, that's very, very valuable and can be very negative if we don't have proper access. You have
the Ninth Street Mall on the north, which makes it very difficult to get the proper access to that property.
All I'm saying is you want to look at that carefully, being sure that it benefits everyone in that area
properly.
Mr. Heisenbottle: Mr. Judy, this is a ten -foot alley, not big enough for a fire truck --
Mr. Judy: I understand that. We could add more property. We could -- more to that alley would have to
be added from our property to make it work out.
Vice Chairman Winton: Excuse me. Mr. City Attorney.
Mr. Vilarello: Independent of Mr. Judy's comments, the process for vacating the alley requires the
consent and replatting of the adjoining property owners.
Vice Chairman Winton: Right.
52
SEOPW / CRA
1lggo-6 182
Mr. Vilarello: So I think what he's referring to is if we're in litigation with those adjacent property
owners, their consent is going to be difficult to achieve. So that's independent of Mr. Judy's comments.
Vice Chairman Winton: But it may not be impossible
Chairman Teele: But there is a bigger problem. And the bigger problem is our position -- and I don't
want to get into the litigation -- but our position is that they don't have any rights, anyway. That has been
the legal position of the staff ever since I've come here, is that what we granted them was -- them and
other similarly situated was an opportunity to come forth with a development plan. They never came forth
with that development plan. So all they have is literally something short of a legal right. Going to them,
asking them to sign something confers -- legally, it confers, certainly, that you're acknowledging that
right. And that's why we need to get to the last item on the Agenda, so we can clear up these issues,
because these are problems none of us were sitting here -- None of us were sitting here when the City of
Miami made these decisions. These were things done in '84, '83, '85. Willy, I don't know if you were
here but --
Board Member Gort: No.
Chairman Teele: The fact of the matter is I think it's just --
(UNINTELLIGIBLE COMMENTS.)
Board Member Gort: I inherited a lot of problems.
Chairman Teele: The problem is, is that this piece of property, the Lyric Village, along with the other one
-- what's the other one?
Mr. Judy: Sawyer's Walk.
Chairman Teele: -- Sawyer's Walk was a decision made by the City Commission, and it has just been
sitting there for the last -- what?
Mr. Bloom: Ten years.
Chairman Teele: Ten to 12 years. So --
Mr. Judy: Try 15.
Board Member Regalado: Mr. Chairman.
Vice Chairman Winton: Yes, sir.
Board Member Regalado: Just a comment, not regarding litigation, but anyone that has visited the Lyric
Theater and has been backstage would have to understand that without that alley, there is no way that you
can present quality shows, because you don't have the possibility of bringing props, or you don't have the
possibility of having your support mechanism for the theater. It's just -- You go out of the stage, and you
53 11 /20!M-OPW/CRA
02- 182
will fall on the property. I don't know the remedy for this, but I would think that at least we should
commit that whenever litigation is over, that alley will belong to the Lyric because --
Chairman Teele: My motion does that. That's what I'm moving. And that they be instructed to go ahead
and survey it, Tomas. But let me just say thiF on the point: This didn't happen in the `80s. This happened
in the `90s, because I wrote a letter as Chairman of the County Commission to the City asking them to
withdraw -- Dorothy, Ms. Fields, you know this -- we discussed this.
Ms. Fields: Yes.
Chairman Teele: -- to reserve sufficient space for the Lyric Theater as opposed to putting it out under
RFP when I saw it. And the City refused to acknowledge the fact that the Lyric Theater needed more
space. And when they did the RFP, it included all of the land right up to the Lyric Theater. And it was
wrong. It must have been in `92/93 when this was done. So I mean we have to sit in the shoes of our
predecessors who tied our hands. But I think there is certainly commitment on the part of the five of us
that we're all willing to work through this process as soon as it becomes legally possible.
Vice Chairman Winton: Ms. Fields.
Ms. Fields: Mr. Chairman, I must thank you, and we must put on the record that we do have a business
plan. You've asked that several times. You've asked it publicly and we need to acknowledge publicly
that Miami Economic Associates, Incorporated, in conjunction with Real Estate Research Consultants of
Orlando performed an analysis to preliminarily assess the potential financial viability of the theater. The
report surveyed four similar theaters across the country. The findings showed that the facilities surveyed
are either breaking even or recording cash flow. And so while right now the Lyric Theater in Miami's
Overtown is 90 percent grants, we don't expect that to continue. These models of the four other facilities
are being considered by the Lyric Theater management, and we will use the best for ourselves. The Lyric
Theater has the potential to continue to be productive, to generate funds to sustain operations, and to serve
as an economic generator and centerpiece for the redevelopment area. And, of course, all of that means,
just as Commissioner Regalado said, we will eventually need more land. And as you tried to get it for us
in '92, not only the alley, but we'll need property east. Know, too, that we have a general manager, if he
would stand. Another first step was the hiring of a full-time experienced general manager, James Henley.
He's here to produce shows, build an audience, operate and maintain the theater. Mr. He owned, and
operated and managed several theaters in Chicago. One of them was called the Lyric. He has relocated to
Miami as the first general manager at the restored Lyric Theater. Our consultants are here. Our economic
consultant is here, Andy Delgart (phonetic), if you want to speak with him or want him to say something
as to the next steps for our economic development plan or our -- not that, but our business plan. So Mr.
Chairman, know that we do have the makings of a business plan, and it looks good.
Vice Chairman Winton: Thank you, Dorothy. We need to --
Chairman Teele: Call the question.
Vice Chairman Winton: Yes. OK. We have a motion and a second. All in favor, "aye."
The Board (Collectively): Aye.
SF,OPW/CRA
54 l , /, f- /00 V.o�
82
�y
Vice Chairman Winton: Like sign, opposed. The motion carries unanimously.
The following motion was introduced by Chairman Teele, who moved for its adoption:
SEOPW/CRA MOTION NO. 00-105
A MOTION OF THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA")
AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR TO
PROCEED WITH THE ACCEPTANCE OF THE DEDICATION OF
THE ALLEY BEHIND THE LYRIC THEATER TO THE EXTENT
THAT IT IS NOT A PART OF THE REQUEST FOR PROPOSALS
THAT WAS DONE RELATED TO THE LYRIC VILLAGE; FURTHER
INSTRUCTING THE EXECUTIVE DIRECTOR TO CONDUCT
SURVEYS TO DETERMINE THE EXACT PARAMETERS AND
FEASIBILITY OF THAT DEDICATION; FURTHER INSTRUCTING
THE CRA BOARD ATTORNEY TO PROVIDE AN AFFIRMATIVE
SIGN -OFF MEMORANDUM WHEN THIS MATTER IS LEGALLY
READY TO PROCEED.
Upon being seconded by Board Member Regalado, the motion was passed and adopted by the following
vote:
AYES: Board Member Wifredo Gort
Board Member Tomas Regalado
Board Member Joe Sanchez
Chairman Arthur E. Teele, Jr.
Vice Chairman Johnny L. Winton
NAYS: None
ABSENT: None
Vice Chairman Winton: Thank you very much.
Ms. Fields: Thank you very much for your concern and support.
Chairman Teele: Would you hold on. I would like to go ahead and --
David Days: Mr. Chairman, I'm sorry. I don't want -- While I --
Vice Chairman Winton: Yes, sir.
Mr. Days: She said that you're going to do it now.
55 11 /20WPW / CRA
02- 182
Chairman Teele: I don't know what she said I'm going to do. I'm going to get the other parking lots
built, because while we're sitting here talking, rolling around, I don't want to lose the fact that we got
businesses all over Overtown that don't have any parking. And I want to go ahead and move item number
20-A and 20-B before we --
Mr. Days: Well, there's something I want to ask you wile I have our attorney here, since we've reached
the subject of the Lyric Village property. Could I please have him speak just --
Chairman Teele: If you all are going to leave right now, I have no objection. But it's on the Agenda, and
we need to talk about the Lyric Village in the context of Sawyer's Walk. And it's on the Agenda and
we're going to get to it.
Vice Chairman Winton: As what agenda item number?
Chairman Teele: It's item number 24 and 25.
Vice Chairman Winton: All right. So it's on our agenda here. We'll be right there.
Chairman Teele: Mr. Chairman.
Vice Chairman Winton: Yes, sir.
Chairman Teele: I would move item number 20-A, which is a resolution approving the low bidders for
the construction of Parking Lots Numbers 2, 3 and 4, and further authorizing the Executive Director to
enter into an agreement with the contractor to the same.
Board Member Sanchez: Second.
Vice Chairman Winton: We have a motion and a second. Discussion.
Board Member Sanchez: It's about time.
Chairman Teele: It's about time.
Vice Chairman Winton: Further discussion? Being none --
Board Member Sanchez: No further discussion, it's about time.
Vice Chairman Winton: OK. We have a motion and a second. All in favor, "aye."
The Board (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Chairman Teele, who moved for its adoption:
56 11/20 OPW/CRA
f2- 182
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R.J. HEISENBOTTLE ARCHITECTS, P.A.
DECEMBER 2002
SCALE: 1.'8"=1'-O"