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HomeMy WebLinkAboutSEOPW OMNI CRA 2004-05-06 MinutesCITY OF MIAMI L SPECIAL MEETING MINUTES OF MEETING HELD ON MAY 6, 2004 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. Thompson/City Clerk MINUTES OF THE SPECIAL BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 61h day of May 2004, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at Miami City Hall, 3500 Pan American Drive, Miami, Florida. The meeting was called to order at 3:21 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez ALSO PRESENT: Alejandro Vilarello, City Attorney, City of Miami James Villacorta, Assistant City Attorney, City of Miami Frank Rollason, Executive Director, CRA, City of Miami William R. Bloom, Special Counsel, CRA, Holland & Knight Priscilla A. Thompson, City Clerk, City of Miami Alicia Cuervo Schreiber, Chief of Operations, City of Miami May 6, 2004 Chairman Teele: Could we recess the Commission meeting, please, and go to the CRA (Community Redevelopment Agency) meeting? Before we do, Mr. Attorney, have you prepared a memo on that settlement issue? Alejandro Vilarello (City Attorney): That -- the settlement document is being prepared, and I'd like to show it to Mr. Jones before we proceed. Chairman Teele: All right. Vice Chairman Winton: OK. Chairman Teele: All right. Thank you. Could we change staffs, or how are we going to do this? OK. Frank, you're going to take this? 1. DECLARE INTENTION TO, DISPOSE OF REAL PROPERTY LOCATED IN OVERTOWN COMMONLY KNOWN AS BLOCK 36; DIRECT EXECUTIVE DIRECTOR TO PUBLISH NOTICE OF DISPOSITION AND INVITE PROPOSALS FOR REDEVELOPMENT OR REHABILITATION OF PROPERTY; DIRECT EXECUTIVE DIRECTOR TO CONSIDER ALL PROPOSALS RECEIVED WITHIN SIXTY DAYS FROM DATE REQUEST FOR PROPOSALS IS PUBLISHED; AND DIRECT EXECUTIVE DIRECTOR TO CONDUCT ANY NECESSARY DUE DILIGENCE ON PROPERTY. Chairman Teele: Thank you very much. This is a special meeting of the Community Redevelopment Authority, the Southeast Overtown/Park West Authority for the sole purpose of discussing and taking action on the request that is coming to the board, in consultation with the Mayor's office, and several other offices, declaring that our -- we have an intention of disposing of the property commonly known as Block 36, P.W. White's Subdivision, as defined in the Exhibit "A." This resolution further directs the Executive Director to publish notice of the disposition, and to invite proposals for the redevelopment and rehabilitation of the property, and directing that the Executive Director shall consider all proposals received within the 60 days from the date the request is published, and further requesting that the Executive Director -- to conduct any due diligence, at a cost not to exceed' fifteen thousand dollars. That's the discussion item. Before we take a motion, I would like to, Mr. Attorney, make sure that the RE -- that the Request for Proposals provides sufficient notice to any particular offerer regarding the actions that the City Commission has taken previously, specifically, the vacating of the alleyway, and the additional -- what is it, 45 feet? Frank Rollason (Executive Director, CRA): The 50 feet, plus the alleyway. It'll be 55 feet off of Block 36. Mr. Vilarello: The resolution -- Chairman Teele: And that the -- Mr. Vilarello: Yeah. The resolution, by reference to the legal description, specifically excludes those portions determined by the CRA to be required by the Black Archives History and 2 May 6, 2004 0 . 0 Research Foundation of South Florida for the expansion of the Lyric Theater, so it specifically carves those areas out. Chairman Teele: OK, and it should also specifically note that the parcel will require a replat or platting, as necessary. Because what we've got is we've got a lot of things in motion, and I don't want to stop anything that's in motion, but at the same time, it just needs -- everybody just needs to be on notice, so somebody doesn't say that we didn't realize that. Because we are in the midst of a plat, I believe, but it will probably not be consummated prior to the 60 days, if things work the way they do in the government. Maybe we ought to get Midtown to do the plat for us. Mr. Vilarello: That was not noted, but it will be. Chairman Teele: OK. Further discussion. Mr. Executive Director. Mr. Rollason: We're -- you know, we're presenting this. We need to move forward. Our position is, is that that block, of course, has the reverter on it with the County, and we need to move this block forward to stay within that time line. We were already six months, seven months past that starting date. Board Member Sanchez: So move. Board Member Gonzalez: Second. Chairman Teele: It's been moved and second. This is a public hearing. Any person desiring to be heard should come forward. There are no persons -- Are you waving, or are you coming forward? Minda Logan: Good afternoon, Commissioners. Minda Logan, CEO (Chief Executive Officer) of the Black Archives. We are requesting that this be delayed. I have with me John Hall, also of the Black Archives, and he can explain to you our reasoning why this is not the appropriate time for this to go forward. John Hall: Thank you, Minda. Mr. Chairman, Commissioners, as Minda indicated, we're here representing Dr. Dorothy Fields, the founder of the Black Archives, and Minda Logan, the CEO, and other community organizations that are partners with us in an effort to develop the Overtown Folk Life Village. The Over -- Priscilla A. Thompson (City Clerk): I'm sorry, sir. I'm sorry to interrupt, but we didn't get your name for the record. Mr. Hall: I'm sorry. My name is John Hall. I'm the Main Street Manager of the Black Archives. The Black Archives is seeking to develop the Overtown Folk Life Village, which is a four -block area that extends from 8th Street Northwest to 1 oth Street Northwest, and from Northwest I't Avenue to Northwest 3`d Avenue, and those four blocks include Block 36. We consider our development concept to be one that requires a public -private partnership. It's designed to generate over 150 jobs and recreate much of what used to be on 2"d Avenue. Block 3 May 6, 2004 36 is integral to that development concept. In order for us to move forward with our concept, we believe it is imperative that we have a variety of discussions with government officials. We believe that if this resolution is offered today, it may not be the "official Cone of Silence," but it puts a cloud over any discussions any administrative representatives of the City or the CRA would have in discussions with us in an effort to openly discuss public/private partnership arrangements, so it is our view, therefore, that because of the cloud -- or the perception of a Cone of Silence, or the effective Cone of Silence, we would appreciate a delay of at least 30 days before this resolution is put forward, or voted upon. Chairman Teele: Cone of silence. What's up with the Cone of Silence, Mr. Attorney? Mr. Vilarello: The City opted out of the Cone of Silence, and specifically -- and adopted it for itself on certain conditions, but the CRA is not -- is excluded from the Cone of Silence. Board Member Sanchez: OK. All right. Mr. Hall: Well, Mr. Chairman, if I may? It is our view that any time it is known that an RFP (Request for Proposal) is either on the street or about to come on the street, City administrators feel constrained with what they can talk about, and part of that is very legitimate and reasonable. They feel that if an official of the government says something to one bidder and that information is used in their bid, then there's a possibility that another bidder can feel they were, you know, not given a fair shot at the same information, and the possibility of suit arises, and then the whole bid can be thrown out and you have to start all over, so our view is just a matter of whether or not we're in a position to openly discuss public/private partnership type arrangements with the City, which we think that's what the CRA really does, is create not necessarily highest and best use types of benefits to the CRA or to the City, but benefits -- Chairman Teele: To the redevelopment area. Mr. Hall: To the redevelopment area, yes. -- but benefits to the community, and these are issues that we think should be part of the criteria in the RFP, and we think they should be seriously considered. We'd like the chance to meet with all of the Commissioners. We'd like a chance to meet with the Mayor; we'd like the chance to meet with the CRA. We'd like the chance to meet with Off -Street Parking. There are so many different groups that we feel we need to meet with in order to structure a true public/private partnership that that cloud would make it difficult for them to speak to us candidly, if this RFP resolution -- Board Member Sanchez: But -- Mr. Hall: -- is issued right now. Board Member Sanchez: You could still meet with all these groups. I mean, it's been clearly stated for the record that the Cone of Silence has been waived, so you could still meet with all these groups. I don't -- Mr. Hall: Well -- 4 May 6, 2004 Board Member Sanchez: I don't quite -- I can't support your argument. I'm trying to, but I just can't. Vice Chairman Winton: Well -- Mr. Chairman, this is your district, so I'm going to follow your lead, but you all appointed me -- how many months ago? Was that nine months ago? -- six, nine months ago to serve as the Commission liaison in trying to negotiate this Crosswinds deal and the settlement. That was public knowledge. I've met with Mr. Hall two months ago, or three months ago. I think there's been ample opportunity for them to bring whatever this concept is forward months ago, and they didn't, and I think that stalling this, in my mind, makes zero sense. Mr. Hall: Well -- Vice Chairman Winton: So that's just my particular view, Mr. Chairman. Mr. Hall: With all due respect, Mr. Commissioner, ever since I met with you, we have spent thousands of dollars on a study for the feasibility for the hotel, which I've spoke to you about. This study came out today, and we could have rushed it, but it would have been a lower quality document. Everybody says that Black Archives needs to bring feasibility to its concepts, and we are -- we bent over backwards to make sure that happened. This means that 150 jobs can be created in this neighborhood, and we could not move forward without it so, unfortunately, you know, developing in Overtown is very risky; it's very complex; it could be very expensive, but you still have to do it right, and that's what we're trying to do. I regret that it has taken how long it has taken, but it has taken how long it has taken. Board Member Sanchez: All right. Chairman Teele: OK. Mr. Attorney, what does a -- what did you ask for? Mr. Hall: 30 days. Chairman Teele: See, my dilemma is this: Although Commissioner Winton has made reference to Crosswinds, this has nothing to do with Crosswinds. This is operating separately -- Vice Chairman Winton: I agree. That's right. Chairman Teele: -- and independently of any proposed settlement relating to Crosswinds. I think two things need to be -- three things need to be stated. Number one, I agree with your statement relating to the redevelopment area and that the role of the CRA is to get the best development deal for the district, and in that regard, I think it's important, Mr. Attorney, that the invitation make clear and specific reference to Chapter 163, and this is the frustration, you know, that I've had for six years with the way that the CRA is couched, in terms of a general -- This is not general government 100 -- 101. This is redevelopment, which is a totally different standard, a totally different standard from general government, and I think Mr. Hall's point is a valid point, and it needs -- the RF -- the notice needs to specifically say proposals will be consistent with and in furtherance of Chapter 163. We don't have -- unfortunately, I could not find a copy of the May 6, 2004 proposed notice that was a part of the package. Mr. Rollason: And we're still putting that together, sir. Chairman Teele: And that's fine. Secondly, I think a specific reference to the inapplicability of Vice Chairman Winton: The what? The what? Chairman Teele: Inapplicability. The inapplicability, non -applicability -- inapplicability. Board Member Sanchez: "In." Commissioner Regalado: "In" works. Chairman Teele: What, non -applicability? Board Member Regalado: Yeah. Chairman Teele: -- of the Cone of Silence should be stated also in the RF -- in the notice, and in fact, I think, to the converse, we should encourage potential offerers to have dialogue with the City of Miami staff and with the CRA staff. I don't think you can have it -- I don't think the City and the CRA can have it both ways, where you're talking to somebody in one context and not talk in another, and I think, Johnny, this is very important because it makes sure that everybody's on the same playing field. The third point that I would make in that line of thinking is that I would think, Frank, that as a part of this, we should have a workshop, a one -day or a two-day workshop in which offerers are encouraged to participate and to be there, and if the workshop is no more than just letting everybody come in and ask questions or talk -- but I -- we should go the other way so that there's no question about the Cone of Silence, pursuant to Chapter 163, and then the third point, which is a business point, what does a 30-day delay get you? That's what I'm trying to understand. Mr. Hall: Well, there are two things, and first of all, we were very, frankly, distraught at the notice of this meeting came to us at 10 o'clock this morning. We, frankly, heard about it through the grapevine yesterday, but we never -- we only had one day's notice through the grapevine that this meeting was happening, which didn't give us really much chance to even -- Chairman Teele: But see, the whole -- Mr. Hall: -- think about it, nevertheless react to it. Chairman Teele: But, John, I don't want to debate the point, and you -- you're surely -- this is a special meeting. We are trying to move everything along, as you can see, but this meeting is designed to give everybody 60-day notice. That's the purpose of this, is to give everybody 60- day notice. The discussion has been, up until I basically moved it forward, that it would be a 30- day notice. That has been all of the discussion, that the proposals would be open for 30 days, 6 May 6, 2004 and I wanted to give -- to caution on the side of anybody like yourself, or similarly situated, so I think giving 60-day -- this is not -- this is 60 days to do everything that you want to do over the next 30 days. Mr. Hall: Well, with all due respect, Commissioner, it is my view that many City officials -- I've been involved in many RFPs -- many City officials, any government official, is hesitant to talk -- Vice Chairman Winton: Oh, come on. Mr. Hall: --freely -- Vice Chairman Winton: We've -- Mr. Hall: -- to any bidder on an RFP because -- Chairman Teele: But, John, don't you -- will you take my word, if we put it in there, if we encourage discussions, if we state in the RFP, or the Request for Proposals, that we are encouraging people to meet with the City staff and the CRA staff, and I'll support a resolution today asking the City staff, in the Commission meeting, to be a part of the workshop, and to have a workshop, a workshop within 15 days, if that -- Mr. Hall: Well, Commissioner, I mean, obviously, the Commission can do whatever it seeks to do. It is our view that we would be comfortable with a 30-day delay. We would be much less comfortable if this RFP goes -- if this resolution is passed as it is, and basically puts us in a position of talking to people when they know we're going to be a bidder. Chairman Teele: Mr. Attorney, what does 30 days do for all of the various time schedules? A 30-day delay. Mr. Vilarello: The only concern that I have is if you delay it for an additional 30 days, all of this is going to get back to you, after proposals come in and the Executive Director has an opportunity to review it, right in the middle of the summer break in August, so you won't be able to consider it until September. Board Member Regalado: Mr. Chairman, I -- Chairman Teele: Commissioner Regalado. Mr. Vilarello: Without a special meeting, of course. Board Member Regalado: I'm concerned for what you said, as anybody in the administration, either from the CRA or the administration refuse to give you information or try to, in a way, well, derail your ideas. Mr. Hall: No. It's not derailing. I think -- 7 May 6, 2004 0 . 0 Board Member Regalado: Because what you're saying is scary, and the fact that you said that some administration officials are afraid to -- Mr. Hall: Well, if I may? I don't think it's fear. I think it's more caution. I think no one wants to be the reason someone -- some bidder claims that, you know, someone had an unfair advantage because you told them about a City benefit or an incentive package, or a concept that you didn't tell me about and so, my view is that -- that's the reason for the Cone of Silence, and that if it is known this RFP is going to come out, it's already at approve City resolution, then, you know, we might -- you can encourage people all day, but if they're concerned about, you know, being named in a suit, they're still going to speak with caution and, you know, I've been involved in many, many RFPs, and my experience is the Cone of Silence is a good rule, and there's a reason for it. I think the same rule -- Vice Chairman Winton: The Cone of Silence -- John. Mr. Hall: -- will apply -- Vice Chairman Winton: The Cone of Silence, our City Attorney has ruled, doesn't apply, so for you to continue to press on this Cone of Silence issue, I think is a poor argument. Mr. Hall: It's a matter of freedom of speech. - Vice Chairman Winton: There is no Cone of Silence rule applying here, John. Mr. Hall: I'm not speaking of -- Vice Chairman Winton: And I think what -- Mr. Hall: -- a legal Cone of Silence. Vice Chairman Winton: I think what this is -- Mr. Hall: I'm speaking of the concept. Vice Chairman Winton: I don't care that you're speaking of the concept. Chairman Teele: All right. Vice Chairman Winton: The point is that it doesn't apply. Board Member Sanchez: Call the question. Chairman Teele: Before the question's called, will the maker of the motion agree to the three modifications that we've asked? One is that the RFP will be cleared; that the Cone of Silence does not apply, and specifically encourage CRA and City staff to entertain discussions and meetings, et cetera. 8 May 6, 2004 • E Board Member Sanchez: Maker of the motion accepts that condition. Chairman Teele: Secondly, that the RFP will include a workshop, which will be advised but not mandatory to any offerer, and that workshop can be one or two days, but at a time that's reasonable to meet -- Board Member Sanchez: Maker of the motion accepts that condition. Chairman Teele: And that workshop should be within the next 30 days, by the way. It should not be on the last 30. Vice Chairman Winton: Right. Chairman Teele: And what was the other thing, John, that you asked for? Mr. Vilarello: Specific reference to 163 -- Mr. Rollason: 163. Mr. Vilarello: -- and the different set of -- Chairman Teele: And specific reference to Chapter 163, that offerers will be considered pursuant to Chapter 163, and specific language (UNINTELLIGIBLE). Board Member Sanchez: Maker of the motion accepts all three conditions. Call the question. Board Member Gonzalez: Second, as amended. Chairman Teele: All right. All those in favor of the resolution, say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is adopted. 9 May 6, 2004 • The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: SEOPW/CRA RESOLUTION NO. 04-40 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") DECLARING ITS INTENTION TO DISPOSE OF THAT REAL PROPERTY LOCATED IN OVERTOWN COMMONLY KNOWN AS BLOCK 36, P.W. WHITE'S RE -SUBDIVISION, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"); DIRECTING THE EXECUTIVE DIRECTOR TO PUBLISH NOTICE OF THE DISPOSITION AND INVITE PROPOSALS FOR THE REDEVELOPMENT OR REHABILITATION OF THE PROPERTY; DIRECTING THE EXECUTIVE DIRECTOR TO CONSIDER ALL PROPOSALS RECEIVED WITHIN SIXTY (60) DAYS FROM THE DATE THE REQUEST FOR PROPOSALS IS PUBLISHED; AND FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO CONDUCT ANY NECESSARY DUE DILIGENCE ON THE PROPERTY AT A COST NOT TO EXCEED $15,000.00; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND "PROFESSIONAL SERVICES — APPRAISALS," ACCOUNT CODE NO. 689001.550108.6.220. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: None Chairman Teele: And we would ask the CRA staff to work and to advise us as to when it goes out on the street, please. Mr. Rollason: Yes, sir. Chairman Teele: All right. There being no other matters agendaed for the CRA meeting, the CRA meeting is, therefore, concluded. 10 May 6, 2004 • • There being no further business to come before the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni District, the meeting was adjourned at 3:40 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk ARTHUR E. TEELE, JR., Chairman 11 May 6, 2004 DATE June 11, 2004 SUBJECT: Minutes for the May 6, 20.04 Special CRA Meeting.. Received By: MAYOR DIAZ CHAIRMAN TEELE- a VICE-CHAIRMAN WINTON BOARD MEMBER GONZALEZ BOARD MEMBER SANCHEZ CITY MANAGER