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Home My WebLink AboutM-91-0269I CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM J�91-798 to: Honorable Mayor and Members DATE : April 31 1991 FILE: A-91-41 of th Ci Commission SUBJECT : Special Vending District Around the Miami Arena J ge L. F rnandez City Commission Meeting FROM ` C i y Attor ey REFERENCES: of 4/ 11 / 9 1 ENCLOSURES: Pursuant to City Commission directive of February 14, 1991, the City Attorney's Office has prepared an ordinance, attached hereto, regulating vending activity around the Miami Arena ("the Arena"). BACKGROUND On July 27, 1989, the City Commission directed staff to hold a Workshop with vendors. doing business around the Metro Justice Building. Consequently,. an advertised public hearing was held at City Hall on August 23, 1989, at which various departments and agencies of the City and County met with the street vendors and their representatives. These parties voiced their opinions and gave testimony on the vending situation at several additional locations. Also in attendance at said meeting were representatives of several public facilities, including the Miami X -..,1,� rn i Qerl 4-hga ; =avi a r f VAnd i nn nrnhlems and the need -to April 3, 1991 Page 2 SPECIFICS The subject ordinance would establish a "Miami Arena Special Vending District��placing limitations and restrictions on vending activity within a two block area surrounding the Miami Arena (that area bounded by loth Street on the north, Northeast 2nd Avenue on the east, the North side of 5th Street on the south and Northeast 3rd Avenue on the west). These restrictions would be very. similar- to those currently in force for the adjacent downtown Restricted Vending District, the Civic Center Special Vending District, and the Coconut Grove Special Vending District. Specifically, it would: a) limit merchandise which could be sold to food and fresh cut flowers; b) designate, generally, sidewalks available for vending; c) authorize the Director of Public Works, utilizing specified criteria, to designate and specify vending zones; d) prohibit vending between midnight and 10:00 a.m.; e) limit vending licensees to operation of only one -pushcart in the district; f)- prohibit open flame cooking; g) place additional separation requirements (100 feet) on vending activity onsidewalks located adjacent to residential developments; - h) require minimum sidewalk width, without exception, of no less than eight (8) feet. This minimum sidewalk width is necessary to assure handicapped and wheelchair access. See Attachment "C" hereto; and require pushcarts to be positioned parallel to the sidewalk curb face. f City Staff held a public meeting on Tuesday, April 2, 19911 ' at 6:00 P.M. to acquaint street and sidewalk vendors operating in the Miami Arena area with the provisions of this proposed: ordinance. Notice, in English and Spanish, of the meeting, was I _ distributed to said vendors on Thursday, March 28, 1991, prior to and during the Miami Heat -Boston Celtics basketball game. _ ] V 4F F tt i f j 1 a°AF - er`," i v ■ Honorable Mayor and Members of the City Commission April 3, 1991 Page 3 The meeting was attended by approximately thirty (30) vendors doing business around the Miami Arena, and was held in a calm atmosphere. Their main concerns centered on the proposed plans to remove them from the high traffic area between the Metrorail Station and the Arena's west entrance. The congestion of vendors in that small area and the fact that thousands of Metrorail riders use that exit for Arena events, necessitates the proposed limitations. Other vendors were concerned that the sale of clothing and souvenirs would be prohibited. JLF/JEM/db/M269 Attachments cc: Cesar H. Odio, City Manager Sergio Rodriguez, Assistant City Manager Joel E. Maxwell, Chief Assistant City Attorney Perry L. Anderson, Jr., Chief of Police I Beverly A. Linton, Asst. City Attorney/Police Legal Adviso Lt. Joseph Longueira, Planning and Research, Planning, Building and Zoning Department Guillermo Olmedillo, Deputy Director, Planning, Building and Zoning Department Luis A. Prieto-Portar, Ph.D., P.E., Director, Public Works Department Albert.Ruder, Director, Parks and Recreation Department John J. Mulvena. Director. Off -Street Parking Department v Home of the 1990 NSA All -Star Weekend. August 24, 1989 Mr. Joel E. Maxwell Chief Assistant City Attorney Amerifirst Bldg. 1 S.Z. 3rd Avenue Miami, Florida 33131' Dear Mr. Maxwell: After attending the August 23, 1989 meeting hosted by your panel, I wanted to take a moment to present our concerns in writinq. Most of the sidewalks leading to the area are less than 10 feet in width. However, there is one sidewalk that is approximately 20 to 25 feet in width. Because of railroad signals and landscapinq the actual space used is about 18 to 20 feet. Me have asked the police officers assigned to our events to align the vendors and their carts in a fashion that *creates an unobstructed thoroughfare for patrons coming from 1) the metro rail, 2) the motto buses, 3) the parking lots and 4) pedestrian dropoff areas west of the rail station. One would think that this would provide adeeptate space for all concerned, but it does not. Because the area is so heavily populated by vendors ( 18 to 30 depending on the event ) and their service lines ( approximately 101 diamister per cart ) there is no adequate thoroughfare for.the patrons. If the police do not make an effort to coordinate the vendors in the area, ve find carts all over the place. In both cases vendors are alvays removed from the immediate property of the arena. In addition to the above problem, are the following. a) open flames b) obstruction of curb cuts c) purchase by pressure d) obscene language Managed and Operated by Leisure Management Mlami, Me. 72� NW FPS:A�@^�2 • MdT ??•:�.,:•:c" • �eC^_nes:.`.I5F--:-*TC • PAX1?:`-!`_-- "•-= ATTACHMENT "A" [/ ,t 1� Mr • 30e1 E. Maxwell August 24, 1989 page 2 e) no trash recepticles f) no post event clean up g) obstructed walkways h) no restroom or sanitation procedures i) illegally parked vendor vehicles in street, side walk, handicap ramps, pedestrian crossing lanes and landscape areas j) obstruction of FEC railway k) vendor vs. vendor crimes/assaults If these vendors are allowed to remain in this area with city permits, the city needs to provide the following assistance. 1) Placement of a number of trash recepticles that are asthetically beneficial to the arena and its property 2) The assignment of a code and/or permit inspection to police the vendors for every event scheduled at the arena. 3) Law enforcement officers for the protection of the vendors ( business ) and the patrons ( citizens ) that they service at each event; pre and post. 4) The assignment of a sizeable labor crew to clean the streets around the arena, the immediate areas of the vendors and replace the liners of trash recepticles during and post each event. If we cannot qet these type of services from the city or those departments issuinq permits, then we will continue to have an unorganized, unsitely, obstruction present at our front doors. The only other way of vreventina this type of scenario is the �iia 1111111 w //w = _ — --am �W`w wn.we.r..s. ��`�- � 1111111 '— .w. ww w w w r w w ww w r � ".,,■�' -• �w �w u•w/w � w _� ww �� w+ � .•w rww.� .w ww +w w� r� wsr. _rl Ifrl■r wuw w.wn w• w m+ r a •wi/ ww Ili i:l■ -.. w.� w■ s. w. s �w•� wr _�.r w� � ww _■� L., ww sw� I�ww rwriww -ww rw Nh �w� � �w w� �..�r will 1111'rwl�w► �s �.rw ==Pw_r� �..�i. r-.� M_ _I � 111t1�1 Cis �i rwiwA � + � rw w.� �s rr ww• �.► w II111111� -- -- w_ w wr ww �! 11w•� rrw ww rwr. w •►• � �({�n��l 1{III111111111NI ■i�YV�= '- — � � � _ �� r ...r AIL t�JrV �jt.r ��///: Im •_ =_RE�� 11�� _ _ _ �IIIIIIII �111111111 Illllllllt (1= III111 ,,�11 __ _�, IIIIII III II -- N -= =11� \ ',11111 III1111111 �-= = = 11=1111111u uililiw unuun 111111l11, 'IIII= = - - `1= I11111{II{ 1111111111 ME 1111111111 �\��lM - � = =:, _ - — II11111111 Iltlllllll 1= Iitlllllll I► \ Illillllfl _ HIM I � 1111111111 II11I= _ Ilitt!!!11 II► . Illllittll = ■ — Nlflll III�Im�it= IIII '� 1111111111 Illillllll 11= �`— il111 1111111� 1111,Y Ilrllltitl 1111t11111 Ii� III11111 II11111111-IIIIII .1 """"" """"1' �"_' �_ ;Illllllllll Illtllli►uut I11111 I �_■ . � .illlill illlllllll Iillllllllll 1111111► ! Iilll III!"�""'.II=' HIM 1111t111 I111111111 illlilllll I1111�. !ililllll Illllillliwllllli '® II1111'�� tI1111tt iltlllllli 1111111111 I11111� 11111111 ■11111111 !!IIII �� III:Itllllllll MI �11� ilttill Itllllllll I1111 1 II11111; fII111� •; ��1111111i1/IIII!! � 1111111111® i4,��lillll� '� �\I1{IIII 111111 _ = � ��■� !! � fflllliltlIflllfllll itl fllili it 111ifIC '®I11 Illllif � illtiltlll Ililitllil 1 �Illflfi� I►'�.• �\�1 II - I 111111111-I111111 I111111111 illlllllll I 'IIi11= •= fl� _ � 1111) ��lillll � lillilllll I111111111 IIf1111111 i �!11f11= i1= IIII II`�� `��Iilli� ��.I11111 IIIIIIiIIi Ililllllll I11�11='— 11111t•"' r, 111111/®�' �I11111Iltlllllll HIM III 1 1 11-=- ~ `- 111111 I11111 IIII 111111111 1111111111 I111111111 � �� 1 fll II IIII_ 111111=illl��l�r,lllllill� ,Iluilnt I111111111 �-.� � —�� A�nlllnllln nnnln ilunlllt IIIlflll Itl{11_ ;1 ' � ��\�� ""'-"- I1111- 11111 llllllllll 1111111�1l1 11: —� ��t • —� = lilt ---ter �� =1■ ■II■ ■11111: ! Ilfllf 1 ,�illl=111111—'�I:_ - lilt- too —• ■II■ ■IIII �, Ilflll�l Iillll�l�� / �I111 = ` � ►► � `��ti� ■illli■ I ■It■ ■Itttt■ UII{ili li li 111 �� I .� Illllllfi 11f11�1111 , �� I -.,�_ �.� •wwwwwwww w.w.w.w... �.� V January sit 1991 A'1 C`1 A 41 via Pas and hailed Mr. Joel s. xasmell Chief Assistant City Attorney Amerifirst Bldq. 111 I e.B. 3rd Avenue Miami, FL 33131 �+ Dear Joels As requested, I an reiterating the concerns that we have about street vendors at the Miami Arena. Because of limited sidewalk space surrounding the arena, the vendors set-up west of the facility on the sidewalk section that facilitate four major parking late, the Metro -rail terminal and a number of private parking areas. We unfortunately must hire a Miami police officer during our events to align the vendors and guarantee the integrity of the aity code. Because of the presence at this officer, the open flames, unruly behavior, and vendors without license has decrease. Please understand that this is a vast improvement. With all of these efforts we still have random occurrences of purchase by pressure, obscene language and illegally parked vendor vehicles. However, the following problems still exist in various degrees. 1) obstruction of curb cuts 2) Inadequate trash receptacles 3) No post event clean-up. • 4) Obstructed walkways. S) No restroon or sanitation procedures. 6) Obstruction of FEC railway. Managed and Operated by Lelsum Management Miami, Ina. 7>1 N-W First Aver e • Miami. FL 33136•d102 • telephone (JOS) 530.4400 • FAX (305) 53C-4428 5 k ' : r a y t K A 1 1 �` #2 6 'F/ AR k 4 ' a w t continue to stress the necessity for the following items to be provided by the City if the vendors are servicing the gUblic under a valid city license. a) placement of an appropriate number of trash receptacles that are esthetically beneficial to the arena and its property. b) The assignment of a cod* and/or permit inspector to police the vendors for every event scheduled at the arena. c) Law Enforcement Officers for the protection of the vendors (business) and the vendor Is patrons (citizens) at each event for the duration of that event. d) The assignment of a sizeable labor crew to clean the streets around the arena, the replace the linersate areas of of trash rash tacles vendors prior to, during, and post each event.p p 9� Unfortunately, my organization has to provide a service (MPD officers, exterior cleaning) and solution to a problem that we have no rights to or privileges of. We have no way to off -rot these expenses, nor is there a clear understanding of the liability factor. Our request from 1988 and again in August of 1989 still prevail. We request that a no vending zone be established at a minimum perimeter of two (2) city blocks around the facility. The suggested street boundaries are NW` loth street at the North, NE lot Avenue at the East, NW Sth Street at the South, and NW 2nd Avenue on the West. Thank you for your continuous concern and assistance with this matter. If there are further questions, please do not hesitate to contact ma. - yours Tarr trulTo Victor L. Cohen assistant vice president VLCsdp cat lob Franklin 4 m W, (9;ot MAXIMUM VENDING CART WIDTH CITY CODE 59-19 REQUIRED WHEELCHAIR, PASSAGE WIDTH ANSI -AIITI, 4.2919861 MINIMUM RECOMMENDED --SIDEWALK- WIDTH FOR SIDEWALK VENDING OPERATION 111111111 Jill I 1�1111 Jill „d �xvn ny.i�?4m• . 1 j sra I WE 3 SC C EXISTING TRANSPORTATION AND SURFACE PARKING LDTS SERviNG THE MIAMI ARENA 16150 Northeast 11th Court ~I( North Miami Beach, FL 33162 April 3, 1991 t - Ms. Pauline Winickt Executive 'Vice President Miami Heat Miami Arena 721 Northwest 1st Avenue. Miami, FL 33128 Dear Ms. Winick: First, let me say that I am an avid Heat Pan and have been a Floor Seat, Season Ticket Holder since the Heat's Inaugural Season. I think that you and the entire Heat organization are to be commended for your obvious dedication to making each and every Heat game a wonderful experience for the fans. Unfortunately, I am writing this letter to advise you of an injury I suffered while leaving the arena on Friday, March 22, 1991. I am informing you of this occurrence in the hopes that a similar (or worse) mishap can be prevented from happening { z again. I am sure you are aware of the many food and souvenir.vendors that offer their wares across from the arena. In order to reach the VIP parking area, it is necessary to wind through their maze of carts. on the night of the accident, I hit my leg on one of the metal hitches that project,unmarked,from one k of the vendors carts. 's Bleeding profusely, my friend and I returned to the arena where ' I received excellent attention and care from your first aid staff. Per 'their direction, I went from the arena to the emergency room of Parkway Regional Medical Center in North Miami Beach, where, after the customary wait in an emergency room on a Friday night (I got home at 2:00 am, Saturday morning), I received thirteen stitches. The physician has informed me that due to the location of the wound and medications I must take daily to control my Crohn's Disease, I can expect the healing process to be very slow. i Ms. Winick, as I stated earlier, this letter is not an effort i' to lay blame on the Heat, nor to elicit your sympathy. It is'a, s�iibexe'`�c®quest. that some ,steps 'be 'taken either 'by tfie tkief lit = of :;Miami �to;- prevent someone :else. from being .i� u' x�� ._ y: r., Submitted into the public record in ccnnec�k ion with item— 9 '{ MattHirai 91- 269 city Cork P 3 k rA'-F r , "g 0 77 # l' I f 4 • t � ' t tt�i�� ?"�� 1 40 L -1:' ho ell AMP AW v _� IN m I I / d 76 o � o a� va � 91- 269 IL - qV �'Vyr+�iYi y 7 . ka 4 0 W- Submitted into the public record in connection with item— �_ on 1' - 11 - Matty Hirai City Clerk 91- 269