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HomeMy WebLinkAboutMemo-City Attorney-Scrivener's AmendmentCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Priscilla A. Thompson, City Clerk FROM: Julie O. Bru, City Attorney DATE: June 29, 2009 RE: Scrivener's Amendment - Wynwood Cafe District- Ordinance 13020 Matter ID No.: 08-2341 w CETV E 2069.1fIf -2 ail in: 39 i`'RISCILL). A. T I-HC MPSON CITY CLERK CITY OF KAKI. FL It has been brought to my attention that the modifications made on the floor to the Wynwood Cafe District (District) item, Ordinance No. 13020 were transcribed inaccurately in the final version of the ordinance. I have read the City Commission Meeting minutes from June 26, 2008, and July 24, 2008, for the (District) item. The City Commission Minutes are attached, with the highlighted sections beginning on page 13, being the important sections to focus on. I have also reviewed the four versions of Ordinance 13020, of which, only version four had the subject language, inserted after. The final version (version four) that was supplied to the City Clerk's Office and Municode Corporation did not have the intended language pursuant to the minutes that I have reviewed. Thus, a scrivener's amendment may be made if after reviewing the evidence (the minutes), it is clear, convincing, and precise that the ordinance language should be adjusted. I believe a review of the minutes mandates the amendment. A plethora of motions regarding the ordinance were made during the meeting, including changing the amount of alcohol licenses that could exist in the District and the amount of alcohol licenses one owner or entity could have in the District. It is clear that the intent of Ordinance 13020 (as stated several times by the Commissioners) was to limit the amount of alcohol licenses to 25 licenses within the District, with a maximum of 13 licenses issued to one person or entity. Two scrivener's amendments are required for version four of Ordinance 13020. They are as follows: 1) Additional language with respect to transferring licenses was added to the ordinance prohibiting any license transfer. It is clear from the minutes that the transfer language was intended to confirm that no license would be transferred to someone who already had 13 licenses in that District. Thus, making sure one person would not have more than 13 licenses. Please see Commissioner Sarnoff s intened language before the friendly amendments of 13 licenses: Commissioner Sarnoff -proprietor owns all 25 of those permits or licenses, so here's what I suggest we do, I suggest in Subsection 2, sub letter I, we create the language that says this Not more than ten of the permits allowed shall be granted,' nor shall any -permit be transferred to •any person or entity who is an 1-1 la-iessof any "other person or entity who`°has or`seeks ape in't is„distract;; O - 005002 - memo- C;tA Attorrey -Scrivener .1lvYev elm v1`r Priscilla A. Thompson, City Clerk Scrivener's Amendment - Wynwood Cafe District- Ordinance 13020 July 29, 2009 Page 2 of 2 An affiliate is any person or entity who is an owner, shareholder, member, partner, agent, officer or director of any person or entity who has or seeks a permit in this district. So nobody can monopolize this district, and that means that the most they can own is ten, so that — 2) The definition of affiliate as described and defined by Commissioner Sarnoff was omitted from the Ordinance: Therefore, the following scrivener's amendments should be made to Ordinance 13020, and by copy of this memo, the City Clerk and Municode Corporation should adjust their records: Sec. 4-11. Exceptions to distance requirements. k) Restrictions relating to the location of alcoholic beverage establishments, including but not limited to, required distances from churches, residential districts and other alcoholic beverage establishments, whether within or outside the district, shall not be applicable to establishments within the Wynwood Cafe district, as defined below and as designated by the city commission. However, notwithstanding the foregoing sections, distance limitations for public or private elementary school, middle school, or secondary school, excluding however, adult skill centers, shall be 500 feet. (1) Intent. The intent of the Wynwood Cafe district is to allow a limited number of nightclub, supper club, restaurant, coffee shop, and bar uses to benefit from close proximity to one another within the Wynwood Cafe district. To this end, distance requirements within said district shall be eliminated or modified, as described above,_ for a maximum cap of 25 such establishments within the boundaries specified below. No on e personor entity, including affiliates, shall own more than 131,of such al'col olic Beverage licenses within ;the :Wynwood r m ' y G �� der y. ^s a Cafe district nor shallaany alcoholic beverage'license be transferred or sold to an affiliate ofa N +aa�:° � pan �rti ,�a �•n x 'person or entitywhok has a four COP (consumption on premises) alcoholic' beverage license°in �.. �,,�� � r � ���;. �. . a- � aa.:� . � , ., � . Wynwood tr t. Ana liate is' any person .or entity who is an owner, � shareholder member partner agent, of eer or director of any person or, entity, ,"who' has or seeks such alcoholic. beverage licenses` in this district.: * Please advise if I may be of further assistance. Enclosure(s) cc: The Honorable Mayor and Members of the City Commission Pedro G. Hernandez, City Manager Municode Corporation 180141 City of Miami City Hall 3500 Pan American Drive Miami FL 33133 www.H4amig-ov.com Meeting Minutes Thursday, June 26, 2008 PLANN 9:OOAM ING & ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas;Regalado, Commissioner District Four Pedro G. Hernandez, City Manager j Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 26, 2008 PZ.15 08-00500zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," , AND SECTION 4,-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE WYNWOOD ARTS DISTRICT, 11 ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE City of Miami City Commission PARKING STANDARDS FOR A LIMITED NUMBER OF ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE:This will create the Wynwood Arts District and allow a cap of 15 liquor licenses within the boundaries. Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 Commissioner Gonzalez Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right, PZ 15. PZ 15 is an ordinance on first reading. Vice Chair Spence-Jone. ' Mr. Chairman. Chair Sanchez: You —re recognizedfor the record. Vice Chair Spence -.Jones: This is an item -well, first of all, the Administration _well, Pin going to let you put your comments on the recordfirst, Administration. Roberto Lavernia (Chief of Land Developmens— Planning Department): This is the creation of the Wynwood Art District with exception to distance requirement, allowing distance exemption and alternate parking standards for a limited number of establishments serving alcoholic beverage for an area described-- legally described and also geographically described in the map that you have in your package, and the Planning Department is recommending approval of this. Chair Sanchez: All right. You're recognizedfor the record. Vice Chair Spence -.Jones: Okay. 1 just want to make myself really clear for _to the Administration. While 1 am approving you know, and supporting this on the first reading, so 1 am moving it, 1 really expect for the Planning Department, the Zoning Department, the City departments to really make sure that the community is very much involved in what— happening in that Wynwood area. Myself and Commissioner Sarnoff represent a lot of the Wynwood residents, and there is a serious fear, there's a serious feeling of discomfort of them being pushed out further, based upon the issue surrounding of course, we know Midtown, and that— a Page 2 Printed on 6/24/2009 Meeting Minutes June 26, 2008 constant thing. 1 can at least say on my side of the street, it is, So 1 really want to make City of Miami City Commission sure those that are business owners within that area do whatever it takes to make sure the local organizations, the local associations, and the local groups are spoken to in those particular communities. It's extremely important. And 1 think that when this item comes back to us, we should have those residents, the folks that are _that live in that area, have businesses in that area here out supporting this particular issue. 1 think that it's extremely important. 1 also think that we need to --1 don't know how we came up with the map -1 think that we also need to _the staff needs to look at revisiting the map because a certain portion of the community, the Wynwood residents that have been there for God knows how long are not even included, you know, in this new district plan; so I think it's important that there are some revisions to the overall map. And also, I --you know, this is something that we've been going back andforth, and every time that I've had a discussion regarding these special district or special area plans, or whatever we want to call them today, it's always been told to me that we're not doing these kind of special districts anymore because of Miami 21, and I'm -so since we are doing them now today, I'm asking that 1-for the _like the third time I've askedfor Overtown, the Overtown Folkl?fe District, which I—e been working on for three years, 1 would definitely want the staff to come back to also bring me an update as to where we are with the Overtown Folkl fe District plan, which we've been working on with neighborhood residents for almost three years. So 1 just want to make sure we're not playing games. With one group things move faster than the other and another group it doesn't, so that's -1 just want it to be clearly understood that in order for you to have my support, which is the district Commissioner that represents the most of that particular area, one, the residents has to be involved, the Wynwood residents has to be involved and supporting it; two, 1 think the area map has to be revised to include other areas, and three, 1 _one of the other questions 1 asked, andlnever got an answer on, is the number of liquor licenses already within that area. Do we have that number as ofyet? Maria 1 Chiaro (Deputy City Attorney). ' That inquiry was made, ' it could not be provided by today, so - Vice Chair Spence -Jones. ' Do you know _ Ms. Chiaro: _staff can - Vice Chair Spence -Jones. ' _at all, Toledo, how many liquor licenses is already in the area? Orlando Toledo (Senior Director, City Manager's Office). ' We don't have that today, but 1 will have that prior to second reading andfor sure, make sure that 1 meet with you to let you know exactly what's out there. Vice Chair Spence -Jones. ' Okay, 'cause 1 think that _my one concern was 1 don't want us to pull out -a number out of the air that we want 15 liquor licenses there when we may have had zero to start with first, so 1 think it's really important to know what the starting number is to know how much we're going to increase it by. It's almost as we kind of already know what we want to put there, so that's why we chose the number 15. So I would like to make sure that before it comes back to us, we know what it is, how many's already there, and then we'll decide what that overall number is. But on that, 1 definitely would like to move that we support the item on the first reading with those corrections that are made, and I'm hoping that the next time it comes in front of us, 1 see people from the Wynwood community here. Chair Sanchez. ' All right. There— a motion, We need a second. Commissioner Sarnoff Second. Commissioner Gonzalez. ' Second, Page 3 Meeting Minutes Printed on 6/24/2009 June 26, 2008 Chair Sanchez, ' Second. Anyone wants to be recognized on this before we open it up to the public? Commissioner Sarnoff I just --just so you know that the - Chair Sanchez. ' Commissioner Sarnoff for the record. Comm issioner Sarnoff Sony. Chair Sanchez: You're recognized. Comm issioner Sarnoff I apologize, Mr. Chair. Many of the people who are bringing this before this Board have committed to helping the establishment of the new Dorothy Quintana Center, which has been closed, as you know, for the better part offour or five years, andpart of their contribution is going to be helping that center come along, so you know, we are looking at the community. I can't think of a better place for them to invest than the community center itself something that has, unfortunately, sat dormant for, you know, too long a period of time. So you know, Iwant you to know that the folks who are bringing this are not done and will continue to add enhancements to the community center and they've committed to doing that. Thank you, Mr. Chair. Chair Sanchez, ' All right. Anyone else? On the issue, you know, there is no greater importance for us than to promote the arts in our City. We have a wonderful opportunity to take this area of Wynwood and turn it into something we could all be very proud of You know, fyou travel the United States and you go to some of these cities and you start seeing some of these cultural districts, they are incredible. People go to these areas for entertainment, and not only for entertainment, but they go there to support the local artists and the artist -and the art in itself which is hard at times for a struggling artist. You don't have to go too far, all right. The success of Cultural Friday, which is tomorrow, -f I'm not mistaken, was created on this same aspect of cultural districts, okay. Within three blocks -it's taken seven years -but there are more than about 16 art galleries ofproud artists that sell their art there, restaurants, ' and really, it has brought economic vitality to an area that, for many, many years before we even started Viernes Culturales was economically flat line, and that 's just three to four blocks, Can you imagine what you can do with what you have there already? You would be able to create an area where people -it would just energize the entire area, ' bring in restaurants, cafes, businesses. People from Wynwood that would be able to walk into these entertainments and these art galleries, but I do agree with the Commissioner on some issues. I think that the owners and the residents have to embrace it. They have to feel apart of it. Andl think that we could accomplish a lot of great things. And now in the situation that we're in with the economy is that I think that we need to provide jobs and this area has the potential to provide a lot ofjobs for our residents. So looking at it, 1 also agree with her on second reading. 1 am looking at adding maybe an adjacent property that I think would enhance to the area because it- a building that already has like eight or nine events a year that bring in a lot ofpeople, and I think it would be able to enhance to that district. So I think this is a win -win situation for the arts, a win -win situation for Wynwood and the entire City of Miami. So having said that, 1 will support this on first and second reading. Vice Chair Spence -Jones. ' Okay. Chair Sanchez. Yes. Vice Chair Spence -Jones.' Mr. Chairman, I want to be very clear for those that, you know, are watching this at home, that are here in the audience -and those that truly know me know that there - s never a question about whether or not Spence -Jones supports arts. I do that one hundred percent. City of Miami City Commission Page 4 Meeting Minutes Chair Sanchez. ' And 1 never _ Vice Chair Spence -Jones. ' Okay. Chair Sanchez. ' -questioned that. Printed on 6/24/2009 June 26, 2008 Vice Chair Spence -Jones. ' Right. The issue for me, you know, and sitting here for three years -not just in Wynwood, but Wynwood, Overtown, Little Haiti, and all of these areas where major development is happening, a lot of times these developments are happening in neighborhoods that are not considering the people that live there now. 1 think that it's extremely important, just as Wynwood is shrinking every single day, and the Puerto Ricans, the Dominicans, Nicaraguans, all of these people are in my district that live in that particular area are not being considered when these major plans are being proposed. And what I'm saying-- and this is just only one portion of the plan, okay, so there,., other portions of this overall plan, ' and I'm saying that in order for Spence -Jones to support anything from this point on, I need to see that the residents are in the audience supporting the project. I support arts all day long, but jf I have afactory or a warehouse in that same existing area that now gives me a hundred jobs or gives me fifty jobs, even though they're factory jobs or whatever the case may be, those are jobs that those working-class families go to every single day. Quite frankly, that might be the only way that they're able to take care of their families. If 1 had a choice between that and Wynwood _I'm going to be honest with you -and not having that now and having less people working you know, and making a decision based upon that, guess what? I'm going to vote for the other thing every day, all day long. So it's not about whether or not 1 don't support Dorothy Quintana. I support centers and all of that, but it 's' not about just giving people piecemeals [sic], giving them a community center, and they should be okay with that. No. They want economic development. They want participation. They want to be involved in what 's happening in their particular area, and I, as the district Commissioner, is [sic] going -I'm going to continue to fight to make sure that that happens. So I just want to be very clear, in my particular district, which the Wynwood arts district in which we share, myself and Commissioner Sarnoff he -him sharing a certain portion of it, ' me sharing a larger portion of that district in this particular plan, 1 am advising that the folks that are putting this overall plan together, that they must talk to the residents and they must have them involved in this overall plan. I love the arts. I support them 100 percent, but 1 support people and them living every single day, and that 's it. Chair Sanchez. ' All right. There's a motion and there's been a secondfor the record. Madam Clerk, Priscilla A. Thompson (City Clerk). ' Yes, First off Chair— can Iplease know who second it because I heard both -okay, so it was seconded by Commissioner Sam off Chair Sanchez. ' Let the record reflect. Ms. Thompson. ' Okay. And I also have, which I haven't heard anything of a substitute piece of legislation here, Chair Sanchez. ' Yeah, Now, let me just ask one more question. We could amend-- can we come back as the Commissioner stated and change the mapping? Ms. Chiaro. ' On second reading? Chair Sanchez. ' Yes, as long as it's not substantial, Ms. Chiaro, ' Yes. It depends on how much changing were doing on _at second reading as long as it's not substantial, City of Miami PageS Printed on 6/24/2009 City Commission Meeting Minutes June 26, 2008 ChairSanchez. ' Okay. Vice Chair Spence -Jones. ' Can 1 ask a question? Who decided on the map then? Ana Gelabert-Sanchez (Director, Planning). ' We looked at the area, Commissioner, and we also had an art gallery map with us, so what we did we just took the map where the highest concentration or the art galleries were. Vice Chair Spence -Jones. ' Ijust - Ms. Gelabert-Sanchez. ' There - Vice Chair Spence -Jones. ' I mean, I'm off of it. I'm just going to let you know, Ijust think it 's extremely insensitive to not even think about the smaller Hispanic -based businesses that are on Northeast 2nd Avenue going north that could definitely benefit from having, you know - Ijust-I-- the map has to be looked at. That's - Ms. Gelabert-Sanchez,' We can take a look at the map, but just -usually, what we have done with the other entertainment districts, we don't make them too large because, (f not, it just loses - -they always can be expanded or reduced in some cases. I know there has been talk about other ones, In this particular case, we looked at the gallery map, ' we saw there was a concentration, and we tried to get the most concentration, understanding that this district could be expanded or could be reduced, ' and it was the same with the amount of licenses. But we will certainly take a look at the map one more time and bring it back to you for second reading. Chair Sanchez, ' Okay. All right. Read the ordinance into the record-- we are on PZ 15. It's an ordinance on first reading -and then followed by a roll call. Ms. Chiaro. ' And a substitution was distributed to the City Commissioners and to staff day before yesterday correcting a typographical error. It - Chair Sanchez, ' Yes. Ms. Chiaro. ' -did not change any substance of -- Chair Sanchez. ' Yes. Ms. Chiaro. ' -this ordinance. Chair Sanchez. ' And it was presented on time to the Chair so - The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Chair Sanchez. ' Roll call, Ms. Thompson. ' Roll call. A roll call was taken, the result of which is stated above. City of Miami Ms. Thompson. ' The ordinance has passed on first reading, as mod fled, 5/0. Chair Sanchez,' All right. That was PZ 15. We go to P ..well, PZ. 16 has been continued. Page 6 Printed on 6/24/2009 City of Miami City Hall 3500 Pan American Drive Miami FL 33133 www. miamigov. corn Meeting Minutes Thursday, July 24, 2008 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 24, 2008 PZ.10 08-00500zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE WYNWOOD CAFE DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR A LIMITED NUMBER OF ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE:This will create the Wynwood Cafe District and allow a cap of 15 liquor licenses within the boundaries. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 .Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13020 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to name the district the Wynwood Cafe District. A motion was made by Commissioner Sarnoff seconded by Commissioner Gonzalez, and was passed with Chair Sanchez and Vice Chair Spence -Jones voting no, to allow one individual or entity to own up to 15 of the 25 liquor licenses in the Wynwood Cafe District. A motion was made by commissioner Sarnoff seconded by Commissioner Gonzalez— and was passed unanimously, to extend the boundaries of the Wynwood Cafe District to Northwest 23rd Street. A motion was made by Commissioner Gonzalez, seconded by Commissioner Spence -Jones and was passed unanimously, to reconsider the previous motion to allow one individual or entity to own up to 15 of the 25 liquor licenses in the Wynwood Cafe District. A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff and was passed unanimously, to allow one individual or entity to own up to 13 of the 25 licenses in the Wynwood Cafe District. Vice Chair Spence -Jones: And we move on to PZ4. Ireally would want to have at leastfour _Comm issioner Sarnoffl'll _ City of Miami City Commission Vice Chair Spence -Jones. _of my Commissioners, ' one stepped off So 1 'm going to move to Page 2 Meeting Minutes Printed on 6/24/2009 July 24, 2008 PZ.10.'would prefer to have at least a sitting body-- it's only three of us sitting up here now --for PZ 4. [Later.] Chair Sanchez. ' Finally, PZ. 10. Where are all the artists? Okay. It's going to be brief Vice Chair Spence -Jones. ' Mr. Chairman _ Chair Sanchez. ' All right. Vice Chair Spence -Jones. ' _ ^•f 1 can make a comment on Chair Sanchez.' Yeah, We got to get a -hold on. (UNINTELLIGIBLE) issue. Okay. PZ. 10. Roberto Lavernia (Chief ofLandDevelopment, Planning Department). ' PZ, 10 is the amendment to the ordinance in order to create the Wynwood Art District that was fully presented in front of you. By the suggestion of Commissioner Spence -Jones, we redo the map, including some properties where there was a lot of gallery, so we include that area, change the legal description, ' and this is what you have in front of you today for second reading with a new map. Chair Sanchez. ' Okay, so this is here in front of us. PZ. 10 is an ordinance on second reading, ' it has been mod?/led, but we'll address those mod flcations. Mr. Lavernia,' Yes, sir. Chair Sanchez. ' Okay. So who's going to speak on the item? Yes, ma'am. Arlys Raymond: I'll start. Chair Sanchez. ' Okay. Ms. Raymond. ' My name is Arlys Raymond. I'm the executive director at the Bakeho use Art Complex, which is located at 561 Northwest 32nd Street. I've afew concerns I'd like to share with all ofyou. As a long-time fixture in the Wynwood neighborhood, the Bake house Art Complex has been one of the leaders in the burgeoning art districts of Miami. We took this leap over Iwo decades ago, paving the way for other galleries, private collectors and museums to establish roots in this community. Established 22 years ago as a not -for -profit organization, the B ake ho use purchased its current location at 561 Northwest 32nd Street in Wynwood. Our 33,000 square foot structure is made up of two galleries, 70 artist studios, and a classroom. We are a major participant in the second Saturday Wynwood gallery walks as are many others in the already -established Wynwood Art District, which extends as far north as 36th Street and west to Northwest 6th Avenue. To arbitrarily change the boundaries and exclude those who have and continue to nourish the Wynwood arts community would be a detriment. Not -for -profit arts organizations, such as ours, have limited budgets to promote and advertise. We depend on being part of a community, an inclusive one. We all know that the sum is greater than the individual parts. The Wynwood Arts [sic] District already exists, There is no need to create a new one. Please do not dismantle an existing arts district by City of Mianu City Commission excluding those who are vital to the Wynwood Arts (sic] District, Thank you. Chair Sanchez. ' Thank you, ma'am. Applause. Chair Sanchez, ' All right. Listen, we need to refrain from clapping, cheering, doing the wave, Page 3 Meeting Minutes Printed on 6/24/2009 July 24, 2008 fireworks. Robert Apfel. ' My name is Dr. Robert Apfel, past president of -- Priscilla A. Thompson (City Clerk). ' I'm sorry. Can we get a little closer to the mike? Mr. Apfel. ' Sure. Chair Sanchez. ' Sir, you got to get closer to the mike. Mr. Apfel. ' My name is Dr. Robert Apfel, past president of the Bakeho use Art Complex, presently on board of directors. I'm speaking to the definition as well as what the Miami arts district is according to this ordinance, The Wynwood Arts (sic] District has been around a number of years on its own. We encompass about 80 square blocks. This map, which I'm taking from Biscayne Times, is about three square blocks. It excludes the anchors of the arts district. It excludes the Margolis warehouse, it excludes Rubell Collection, excludes Locust projects, excludes the Bakehouse, excludes Barbara Steinbaum Gallery. It excludes the majors, and we do not understand how these lines were drawn, It's not -but it is our purpose here to protest these lines. Let me just distribute --this has the map of the WynwoodArt District. It shows you all the art galleries, the names, locations, and that's it,' it excludes more than half of them. Vice Chair Spence -Jones. ' Can I just ask the Administration something really fast? Orlando, you in my briefings, we were told that this -the name of this was going to change to Wynwood Cafe District. Has it not changed? Chair Sanchez,' That's going to be one of the amendments presented. We'lljust - Vice Chair Spence -Jones. ' Okay. All right. But 1 think it's important to tell the public so they don't keep saying -Mr. Apfel. ' This is -you're excluding --I mean, this _1 mean, the international arts community knows Wynwood. Vice Chair Spence -Jones. ' They're going to all say the same thing. Chair Sanchez, ' Sir. Mr. Apfel. ' Art district. Chair Sanchez. ' Sir? Mr. Apfel. ' Yes. Chair Sanchez,' We'11 take your testimony into consideration, and we certainly appreciate you being here with us today. Next speaker. City of Miami City Commission Mr. Apfel. ' Thank you. Ben Fernandez. ' Good afternoon, Mr. Chair, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard. I'm here on behalf of Pompey Warehouses, LLC (Limited Liability Company, as well as Mr. David Lombardi. We're here in support of the ordinance with a minor mod( ulcation. What I've distributed to you is essentially a map of the existing galleries and studios in the area. That's the colored map that you have that looks like this. The other map is, of course, the proposed district with the mod ,flcation that we're seeking, which is indicated by the yellow line. What we would like is simply to finish off the area, this rectangular area that Page 4 Printed on 6/24/2009 Meeting Minutes July 24, 2008 goes to 23rd Street, and the reason for that is self-evident when you look at the number of galleries that exist on 23rd Street. We've met with staff We've met with the attorney for some of the other major property owners in the area, andl think that we're all in agreement. We've also discussed this with your legal counsel, andl believe that the mod flcation would be acceptable to everyone and your Planning Department as well. We're here to answer any questions that you have and we're here --prepared to submit two additional conditions as well, Commissioner Spence -Jones, which I believe that you've asked -- Chair Sanchez, ' All right. Thank you. Mr. Fernandez, ' -others - Chair Sanchez. ' Thank you very much. Mr. Fernandez. ' Thank you. Chair Sanchez. ' Next speaker. Luis Dc Rosa. ' Good afternoon, Commissioners, and of course, the Mayor and the City Manager. My name is Luis De Rosa. I'm at 3550 Biscayne Boulevard, and I'm here in support of this new initiative, ' andl believe that it's going to not only benefit the Wynwood area, ' but also benefit the other communities as well, as well as Allapattah. It would allow for business opportunity through the arts to be in a targeted area, and in addition to that, we believe is going to create a number ofjobs. We had some Puerto Rican artists with us as well. On my-- on a recent trip to Puerto Rico, I met an artist dealer out of Puerto Rico who's concerned, and knows about Wynwood, but was concerned about the lack ofperceived security. We know crime is high. It's high all over, of course, like I like to tell people. He was concerned about that. And we believe that this would bring in additional traffic to the area, and in doing so, would create opportunities for people from outside to come in and sort offeel safe, ' and of course, create jobs through the cafes and the other opportunities that it's going to develop. So I stand here today to ask you to please support this initiative. We stand 100 percent behind it, and in fact, we've been talking to some of the individuals to team up with Artistic Awakening, a local -based non-profit group that we're supporting that is going to be working with them as well, andl know ASPIRA is here, ' and I've talked to Borinquen Healthcctre Center, They're supporting it as well. And in addition to that, Dc Hostos Senior Center will be in support of this as well. So we thank you for your support, and we look forward to working with this (UNINTELLIGIBLE) and we ask you to please support this, Chair Sanchez. ' Thank you. Mr. Dc Rosa, ' Thank you. Chair Sanchez. ' Next speaker. Damien Boisseau. ' Hi, Good afternoon. I'm Damienfromn the Damien B. Contemporary Art Center at 282 Northwest 36th Street, 1 come here as a property owner, a taxpayer, and as well a non -for -profit owner. And I'll not go back to the idea of the name that Wynwood Art District should be as it's' on this map _on the map you have here, Another issue about this big project, every big project that will develop this entire neighborhood is absolutely welcome. We are supporting it 100 percent. But one of the issue is that 1 don't know how much the City money -City from the -.money from the City is involved in this, and one of our issue is the fact about the security because we're afraid that the money that 's going to be used will be to protect mostly those little area of this couple of blocks that is this project. As might know or not, we have a big issue about security in Wynwoocl —' the crime rate just rising. We had problem every single day, andlguess that the moneyfrom taxpayers need to be used also to secure the entire City of Miami PageS Printed on 6/24/2009 City Commission Meeting Minutes July 24, 2008 neighborhood. As you know, at the end of the year, there's a big art week where thousand of people from the entire world -entire art world come here to Miami, and especially in Wynwood, and they need to see a clean neighborhood and the neighborhood with no crime. So 1 guess that's one _another issue, to clean up the neighborhood and to stop the criminal activity. Chair Sanchez. ' Thank you, sir. Mr. Boisseau. ' Thank you. Chair Sanchez. ' Ma'am, state your name and address for the record. lydia Velazquez. ' Yes. My name is lydia Velazquez, and I'm manager ofArt Rouge Gallery in Wynwood, 36 Street. We have had several meetings with the galleries of the street and other streets, and mainly, we do support the initiative. 1 think it's a very good initiative and a very good startingpoint to start solving other problems --other major problems that are happening in the district, like security, street lighting, cleanliness, and beaut jIcation of the district, parking for our guests, et cetera. But the two main issues that are discussed in the meetings between the galleries are, first of all, the name, which 1 already know that it's probably going to be changed to Wynwood Cafd District because the WynwoodArt District name has been established-- has establish for years, and it— been work by the galleries for year with a lot of efforts,' and it has opposition locally and internationally, andl don't think it's fair that we'll exclude like almost 60 percent of the Wynwood art population just because they want to, you know, take their -the name for their own project. And second of all, the second main issue that we discussed among the galleries of the district is that we'll love for these kind of initiative to be established not only in a small portion of the WynwoodArt District, but also to be expanded to other zones also because the Wynwood Art District is very big. It's almost from 36th Street to 1620 -what--which one? Unidentified Speaker. ' Twentieth Street. Ms. Velazquez. ' -20th Street, so that's basically the two points. We do support the project, but we have those two main issues that we wish that you guys reconsider, Thank you. Ken Bercel, ' How you doing? My name is Ken Bercel, and I'm the owner of the Lost and Found Saloon, I'm in the Wynwood Arts [sic] District and it's a great district, and I'm interested in this whole proposal because 1 think it'll bring some light to the area. 1 just City of Miami City Commission wanted to mention that a lot ofpeople that are outside of this proposed zone are the people that built this whole reputation, and I think they need a lot of consideration so that everything doesn't go to this area and benefit the people that are actually property owners in this area, and it's got to be something that everybody in the area not only knows that it's going to bring people to their area, but a it's also going to shine light on the entire Wynwood art area, not just this district, I think that—' what some of these people are talking about. My spec flc issue here is that I own a casual gourmet restaurant, and I've a permit to sell beer and wine, but I can't sell it unless somebody has a full -course meal, and I'm sure that's a topic that's come up before with other establishments, so it's not that I'm saying this is a problem that just I'm having. However, one month after I opened, the DOT (Department of Transportation) tore up my road for a whole year, so for a whole year, I had no road, no parking no sidewalk and it was d f flcult. Now that I hear about this project, I hear that there are 15perm its that are going to be given away that are going to allow people to serve beer and wine and alcohol without serving food, and I've been trying to get one of these permits for three years,' andfor me, I'm struggling just trying to stay open, and I'd like to be in consideration to get one of those permits also. I'm nine blocks from this area, and that's basically why I'm here, So maybe others that are around can be thought of also. Chair Sanchez. ' And you're outside of the area? Page 6 Meeting Minutes Vice Chair Spence -Jones. ' No. Mr. Bercel. ' Nine blocks - Vice Chair Spence -Jones. ' Outside. i Mr. Bercel, ' _away from the proposed area, but I'm in Wynwood, so - Chair Sanchez. ' Okay. Thank you, sir, Mr. Bercel. ' Thank you. You're welcome. Chair Sanchez. ' Next speaker. Printed on 6/24/2009 July 24, 2008 Perry Milou. ' Good afternoon. My name is Perry Milou. I've a new gallery in Wynwood, probably the newest gallery, at 17 Northwest 36th Street, I'm actually afew blocks down from Ken and glad that I'm following behind him because I understand his plight, his situation, and his strife with his restaurant. I'm in full support of what the Goldmans are proposing to change the name to Wynwood Cafe District. That's obviously what you're voting on this afternoon, Wynwood Cafe District, which is _seems that's going to be clear. Based on some of the things that you heardfrom some of the other people -and I've only been in Miamifor nine weeks, I just moved here from Philadelphia, so I -- Chair Sanchez. ' From Philadelphia? Mr. Milou. ' Yeah, Isee what is here in Wynwood now, ' I've heard what has happened before. It'—s' obvious that not just a zone where they're preparing or wanted to do development of restaurants and cafes and retail, ' it needs to be extended to rest of the district and there needs to be allowances for other businesses to thrive too, not just in the zone that we're speaking of today. Thank you. Chair Sanchez. ' Thank you so much. Next speaker. Alex Tachmes. ' Good afternoon. My name is Alex Tachmes. I'm an attorney at Shutts & Bowen, 201 South Biscayne Boulevard, in Miami. And I'm the attorney for Goldman City of Miami City Commission Properties. Joining me today is Julie Goldman, the president of Goldman Properties, and also joining us is the great team from Goldman Properties that is also sitting here in the front row with us. As you know, you're here today for the second reading of the Wynwood ordinance. In response to the commnents of Commissioner Spence -Jones and the other Commissioners at the first reading, Goldman Properties has worked extremely hard since first reading to meet with members of the Wynwood community and discuss the benefits of this ordinance with them. We're excited about this ordinance, and we want everyone in the community to share in this excitement and enthusiasm, And we're happy to say the community overwhelmingly shares our excitement and support for this new law. We have distributed to you today copies of over 30 letters of support for this ordinance, and the letters come from all sectors of Wynwood, from businesses, from residents, from community organizations, museums, and art galleries. There is simply broad -based support for this wonderful initiative, and copies of those letters had been distributed to you today. We would like to respectfully request, though, two amendments to this ordinance. During the course of the community outreach process, we spoke to many artists and gallery owners. A number of them have already spoken today. As you're aware, the artists and galleries are the lifeblood of Wynwood. They are the ones who put this area on the map. They had the vision and faith to open new gallery businesses in Wynwood when most everyone else was staying away, and it's because of them that Wynwood is known today as an international arts district. Our company, Goldman Properties, has a long and proud history of working in partnership with artists and galleries as we invest in real estate throughout the US. (United Page 7 Printed on 6/24/2009 Meeting Minutes July 24, 2008 States). In multiple cases, in SoHo in New York, in South Beach in Philadelphia, and in other areas, we have been firm in our commitment to partner with artists and galleries to make neighborhoods great, and Wynwood is no exception. Although the gallery owners and artists are overwhelmingly in support of this ordinance, as they've indicated, they did raise an issue with the language of the ordinance, spec jflcally its name, Many gallery owners and artists object to the name Wynwood Arts [sic] District because that district already exists and encompasses all of Wynwood. It is much larger than the small area that is the subject of this ordinance. By calling this new area the Wynwood Arts [sic] District, they argue that We're excluding many galleries that already are part of the existing Wynwood Arts [sic] District, and honestly, nobody wants that outcome. And for that reason, we are respectfully requesting that/the ordinance be amended and the name of this new district be called the Wynwood Cafe District. Secondly, we would like to discuss an additional amendment. As you all know, the map and the proposed boundaries of the district have changed a lot since first reading, ' they've become much larger, and as you've also heard, there's another amendment on the floor that was proposed by counsel for Mr. Lombardi seeking a further expansion of the boundaries. It's critical that the number of galleries in this district provide a critical mass for the urban street life and the vibrant area that we need in order to make this district a success, The ordinance that passed on first reading featured a map of the new district with 15 licenses. On second reading today we can all see that the map of this area is, as I indicated, much larger. We would like to keep the same density of restaurants and bars with this new map. If 15 licenses was appropriate under the old smaller map, then we believe 20 to 25 licenses should be the cap under this new, larger map. In order for this district to succeed, it is essential that there be a critical in ass of restaurants, bars, and related businesses all within a short distance of one another to promote a vibrant and energized street life. If the map becomes bigger, but the licenses stay the same, that critical mass will evaporate. Therefore, we respectfully request that the number of licenses be increased to 20 to 25. And then finally, we've had multiple conversations with Commissioner Spence -Jones's office, and we had agreed to read into the record a commitment that we would like to make relating to seven points, based on our discussions with the Commissioner's office. I'll read that now. If this ordinance is adopted, we would be happy to join our fellow City of Mian, i City Commission property owners in committing to do the following.' One, we'll work with ASPIRA to participate in an ambassador's program. Through this program, youths residing in Wynwood will receive jobs to act as ambassadors of the Wynwood area during the second Saturday events held each month in Wynwood. Wynwood youths also will receive jobs to handle various clean-up tasks after the conclusion of each second Saturday event, ' number two, we'll participate in a Hospitality Institute Program, an already successful jobs program initiated and currently being conducted through the CR.4 (Community Redevelopment Agency). This program seeks to place Wynwood residents in hospitality jobs throughout South Florida,' number three, we'll use goodfaith efforts to give a preference in the hiring process to qual f ed residents of the City for non -construction jobs for each new business operated by Goldman Properties in this new district, with the goal of having Wynwood residents fill at least 25 percent of entry-level positions and 25 percent of managerial positions. We also will use goodfaith efforts to utilize qual ,fled local small businesses, ' number four, we'll work with the Puerto Rican Chamber of Commerce to participate in quarterly meetings of neighborhood businesses to discuss any complaints or concerns regarding the new district, ' number five, we'll work with the Puerto Rican Chamber of Commerce to assist in the publication of an annual directory of businesses in Wynwood, ' number six, we'll develop a security plan for the new district, ' andfinally, number seven, we'll be happy to meet with Dorothy Quintana and the Dc Hostos Senior Center to discuss this new law and how it will benefit the community. Chair Sanchez. ' All right. Mr. Tachmes, ' Thankyouforyourpatience. We're all excited about the new district and urge your approval today. Chair Sanchez. ' All right. Thank you. Anyone else? Lets' try to wrap this up. Okay, this'll be the last speaker? Page 8 Printed an 6/24/2009 Meeting Minutes July 24, 2008 Eyves Barukh, ' My name is Eyves - Chair Sanchez, ' You'll be the last speaker, sir? Mr. Barukh. ' ..Barukh. I want to thank you for your time. Priscilla A. Thompson (City Clerk). ' I'm sorry, ' I didn't get your name. Mr. Barukh, ' Eyves Barukh. Chair Sanchez, ' Barukh. Ms. Thompson.' Thank you. Mr. Barukh. ' All right. I wanted to thank youfor your time, Commissioners. I know this has been a lot of work. I want to also state for the record that I support the ordinance, I wanted to thank the Goldmans for them being the first to ever take that effort to bring this to this level. I think there's a lot to say with that. They've showed what they could do in other cities and they did work with the cities around them. They have created the SoHo district in New York and look at what happened to all the districts around it, so just wanted to show my support. Thank you, Chair Sanchez. ' All right. Thank you so much. Last speaker, and we'll close the public hearing. I think he left. Did he leave? All right. City of Miami City Commission Commissioner Gonzalez. ' Call the question. Chair Sanchez. ' Okay. The public hearing is closed, ' comes back to the Commission. Okay. There's been a motion and a second on this, Madam Clerk? Ms. Thompson. ' No. Commissioner Gonzelez. ' No. Chair Sanchez. ' No. Well, we need a motion and a second, either to support or deny. Vice Chair Spence -Jones. ' So moved. Chair Sanchez. ' Motion to support by Vice Chair _ Vice Chair Spence -Jones. ' Discussion. Chair Sanchez. ' _Spence -Jones. Is there a second? Unidentified Speaker. ' Except - Chair Sanchez. ' There'll be amendments. Let's vote on something, and then we'll add the amendments, okay. All right. Commissioner Sarnoff Then I'll - Chair Sanchez, ' Is there a second? Commissioner Sarnoff _second it, but I've some amendments. Page 9 Meeting Minutes Printed an 6/24/2009 July 24, 2008 Chair Sanchez. ' Okay. Therecs' a motion and a second with the amendments. It—s under discussion. We could discuss the item and then we could implement - Comm issioner Gonzalez. ' As amended -- Chair Sanchez, ' -the amendments. Commissioner Gonzalez. ' _with more amendments, right? Commissioner Sarnoff Correct, Chair Sanchez. ' Okay. So let's handle it that way. All right, Commissioner Spence -Jones and then Commissioner Sarnoff Vice Chair Spence -Jones. ' Okay. First of all - Chair Sanchez. ' Let me get apadfor this one - Vice Chair Spence -Jones: Ooh. Chair Sanchez. ' ..because I know there's going to be a lot of amendments. Vice Chair Spence -Jones. ' Well, not for mine. For the most part, most of this stuff was adhered to, so I don't have to -- Chair Sanchez. ' All right. City of Miami City Commission Vice Chair Spence -Jones. ' -I don't have a lot to go through, but I do want to say Commissioner Sarnoff and I do share very _a lot of this Wynwood Cafe District, so -half and half actually. It 'r amazing how the map keeps growing but that a whole nother subject. But let me just say this, first of all, I do want to commend the group for really going out to really make sure that people got information about what was happening in the area, My biggest concern from day one on all of this was that the developer and the people in the community that were pushing this project really made sure they did major outreach in the area, And it— amazing when we start talking about Wynwood, a lot of times when we think of Wynwood, we think of Wynwood the arts district, which is great. This is a newfound thing that's happening in the area, but we don't think about the people that were there before we got there, you know. And the biggest concern I had in all of this, you know, is that a lot of the times the people that were born and raised in Wynwood that, quite frankly, don't even know what's going on in the galleries, period, most of the time, are not being consulted with or communicated with about what's happening in the area in which they grew up in. So for me, I mean -I understood-- I understand how people can get on the mike and say, well, you can't really call it this district because, quite frankly, we had it before anybody else did, the Wynwood Arts [sic] District. Well, quite frankly, somebody had it before you had it, so those people need to be talked too. So my first stop with the Goldmans [sic] was you need to talk to the community that's lived there, the Latin -based community, the Puerto Rican community, the Nicaraguans, the Dominicans,' those folks that live there because I thought it was important for them to do that. And I've to say that when I look at these letters .-and I said I was not going to support it unless people stepped up to this mike today or either sent letters in saying that they supported it happening it wasn't going to happen for Spence -Jones, so I do want to commend you guys for getting those letters and making sure that there was serious outreach to the groups that really have the roots in the community. Secondly, I think it -I thought it was extremely important that, you know, this whole issue of arts district, cafe district, I think that it is _was disrespectful to not include the galleries that are already there, so I'm glad that the name has been changed to address that issue, and I'm hoping there—s going to be ongoing dialogue -not just because the item gets passed _with the galleries to make sure that Page 10 Printed on 6/24/2009 Meeting Minutes July 24, 2008 there's some connection between whatever the cafe district is doing along with the arts district is doing which is what I'm hearing today. So for me, the major issues and concerns I had and the reason why I was giving everybody such a hard time about this, I just felt that when I saw that article in Biscayne Boulevard Times, I said _that was the reason I had a concern, you know. That was the reason why I was not in such a hurry to support it because Ifelt that not enough outreach had taken place. Now I do -Lost and Found, I probably eat there at least once every other two months or three months because they have great food there, I had concerns with Northwest 2nd Avenue not being included, period, you know, but --you know, I was told that we needed to keep the map as tight as possible in order for you to have some sort of impact, but every time I get a map, it's a changed map. So my question becomes -Orlando, I guess _how are we deciding you know, where that map actually needs to go? Imean, was it aproblem with just doing an overlay to the existing Wynwood Arts [sic] District and making that available? Was it because the Wynwood Arts [sic] District was too big? Was that the reason why we did not just take that as the area, because I'm just trying to understand why that happened that way? Because now you goingfrom 15 to -now you're askingfor _goingfrom zero, I believe, liquor license in the area, correct? There's none there now. Orlando Toledo (Senior Director, City Manager— Office). ' There—s' none _ Vice Chair Spence -Jones. ' Right. Mr. Toledo. ' _there now. City of Mian, i City Commission Vice Chair Spence -Jones. ' So you went from zero to wanting ten, to then wanting fifteen,' now you want twenty, so I'm just trying to understand is there any reason why Mr. Toledo. ' The reason why the map was drawn that way was because we looked at the concentration of all the galleries that are out there, and as we looked at it more and more, we realized that the only way that we could tie most of these galleries in was by increasing the map. Vice Chair Spence -Jones. ' Right. Butl'm just going to give you aprime example, and then I'm going to shut up because I can feel my Chairman breathing on my neck over here, For me, I just thought that, you know, when you talk about Northwest 2nd Avenue, which is a lot of little, small cafes and st uff like that on there, all the way up to -really to 36th Street, it seems as thought the heart of Wynwood, the Wynwood community _I'm talking about the residents that were born and raised there -it's almost like they're not going to get any benefits out of it. You know what I mean? So I'm just trying to understand what -- how did you come up with the-- this map-- the original map now that is expanded. Is it -- is there any reason why it couldn't include the whole arts district,, hich would pick up, you know, those areas? Mr. Toledo. 'Again, we were looking at the most concentration of galleries and that's how that map was derived. Vice Chair Spence -Jones.' Okay. Mr. Toledo. ' Again„ fyour choice is to also include up to 2ndAvenue, we could go ahead and do so. Vice Chair Spence -Jones. ' Okay. All right. That was my only comment, but I support. it 100 percent. I'm glad that you guys are now putting-- and making sure that the community --the whole entire community is participating. I do want us to make sure hopefully, Commissioner Sarnoff will have some comments on the map so we can come up with a solution that makes sense for everyone. Chair Sanchez. ' All right. Before we move on to Commissioner Sarnoff as the Chair, just to Page 11 Meeting Minutes Printed on 6/24/2009 July 24, 2008 have some control here, I think that we're looking at three issues, maybe possibly more that we need to come to an agreement. One is the name, the other one is the liquor license or the number of liquor licenses, and the other one is - Vice Chair Spence -Jones.' The map. Chair Sanchez. ' _the proposed boundary for the site. I think we all agree on that being good for Wynwood. Vice Chair Spence -Jones. ' Right. Chair Sanchez, ' Okay. So at this time, I'll recognize Commissioner Sarnoff But right now there has been proffered no amendments, so why don't we just try to take care of one that I think we all agree on so I could get _ Comm issioner Sarnoff Wynwood Cafe District. Chair Sanchez. ' _some control here, the Wynwood Cafe District. 1 think _do we all agree on that name? City of Miami City Commission Commissioner Sarnoff Yes. Vice Chair Spen ce-Jones. ' Yes. Chair Sanchez.' We all agree on that name? Commissioner Gonzalez. ' Yes. Commissioner Regalado.' Yes, sir, Chair Sanchez. ' All right, so go ahead and make a motion as to the name, The official name will be _ Vice Chair Spence -Jones. ' So _ Chair Sanchez. ' _called Wynwood Cafe District. Vice Chair Spence -Jones. ' -moved cafe _Wynwood - Chair Sanchez,' There's a motion _ Vice Chair Spence -Jones. ' _Cafe District. Chair Sanchez, ' _made by _ Comm issioner Gonzalez. ' Second, Chair Sanchez. ' _the Vice Chair -Commissioner Regalado. ' Second. Chair Sanchez. ' _.second by Gonzalez, Discussion on the item? Hearing no discussion on the item, that item has been addressed. All in favor, say "aye." The Commission (Collectively). ' Aye. Page 12 Meeting Minutes Chair Sanchez. ' Anyone in opposition? So what's in a name? Vice Chair Spence -Jones.' Wynwood - Chair Sanchez: Has a name. Printed on 6/24/2009 July 24, 2008 Vice Chair Spence -Jones. ' Right. Chair Sanchez, ' It's called the Wynwood Cafe District. Vice Chair Spence -Jones. ' Yes. Chair Sanchez. ' Now we move on to the other items, but before we do that, Commissioner Sarnoff Commissioner Sarnoff Well, first, 1 want to give my compliments to Commissioner Spence -Jones, who 1 think did a great job of improving an ordinance in ways that 1 never considered, andl think it really benefits the community. Anytime you draw a line, somebody's always on the other side of the line, and as soon as you move the line further north, there's somebody Chair Sanchez. ' Somebody else is (UNINTELLIGIBLE). Commissioner Sarnoff-that's always further north that wants to be there. As soon as you move south, there's somebody else that needs to be there, They're trying to create a critical mass. I've lived in SoHo, I know what SoHo's about. I know that you can walk three blocks out of SoHo,' you're in Chinatown, ' you're in a whole different part of the community. So 1 understand that you need to create the mass, andl 'm going to try to help you create that mass, but I'm also going to use my New York knowledge. First off I think we should increase it to not less than 25, 1 think that where we need to be, However, with that _ Comm issioner Gonzalez. ' Second you on the 25, Chair Sanchez.' Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. All right, we're _ starting point, okay, 15 to 25, right? Vice Chair Spence -Jones. ' F .fly to twenty-five? Chair Sanchez.' Fifteen to - Vice Chair Spence -Jones. ' Oh, okay. Chair Sanchez. ' _twenty-five. Let's go to _okay, and then we'll select a number, so right now the boundaries that we're discussing is 15 to 25. All right, go ahead. Commissioner Sarnoff All right. But, however, you want to be careful that not one owner, not one - Vice Chair Spence -Jones.' Yeah. Commissioner Sarnoff -proprietor owns all 25 of those permits or licenses, so here's] what I suggest we do, l suggest in Subsection 2, sub letter 1, we create the language that says this: Not more than ten o the..ermits allowed shall be : anted, nor shall any .ermit F!6) (q,i940Y-'r� ?p ? Cq#P) .d e9 f 0 district, An affiliate is any person or entity who is an owner, shareholder, member, partner, agent, ojtcer or director of an person or enti who has or seeks a 'this district. nobo ermit in ii'%V 1il Irajer_o ri 3 &aft 07t !l f. td ' t woe reriv Chair Sanchez. ' All right. Hold on, counsel. All right. That language that you have just stated, you want to toss that as an amendment - Commissioner Sarnoff Correct, as two (UNINTELLIGIBLE). Chair Sanchez. ' _to that. Why don't you just add to your amendment not to exceed 25 liquor licenses? Commissioner Sarnoff That you could put that there as well. Chair Sanchez. ' Okay. Commissioner Sarnoff Correct. Chair Sanchez. ' So there's a motion. Is there a second? Commissioner Gonzalez. ' No, City of Miami City Commission Commissioner Regalado. ' Second. Comm issioner Gonzalez, ' Not to exceed 25. I will second 25. Chair Sanchez. ' Not to exceed 25. Commissioner Gonzalez.' No, no, no. Not to exceed -- Chair Sanchez. ' Twenty-five? Commissioner Gonzalez.' Yeah, 25, Chair Sanchez. ' Total _okay. Commissioner Gonzalez, ' No, no, no. Not to exceed because _ Chair Sanchez. ' Okay, okay, okay. Listen _ Chair Sanchez. ' --when you say not to exceed, it could 15, 18, 17, 19, 21. No, no, ' 25. Chair Sanchez. ' I'm going to make it very simple, total of25 liquor licenses. Commissioner Gonzalez, ' Twenty-five total license. And I would like to offer a friendly am ended [sic] of-- on your proposal of 15 licenses. Commissioner Sarnoff' So that no person can own more than 15 licenses. Commissioner Gonzalez. ' Than 15 licenses. Commissioner Sarnoffl accept the amendment. Chair Sanchez, ' No, no, no, no, no, no. Come on. Page 14 Meeting Minutes Commissioner Sarnoff I accept the amendment, Printed on 6/24/2009 July 24, 2008 Chair Sanchez. ' Not 15. Let's go to 10. Come on, 15, I mean, you're - Commissioner Gonzalez. ' There isn't those many people that are going to be applying for the licenses. Chair Sanchez. ' Well, the bottom line is - Commissioner Gonzalez. ' They'll be able to obtain those licenses. Chair Sanchez. ' I understand, but the bottom line is it's going to get to a point whoever could afford the license is going to get the license. Commissioner Gonzalez,' Well, that's the way _unfortunately, that's the way it is. Chair Sanchez. ' That's the way it is, 1 know. Comm issioner Gonzalez.' You want to get a license, you got to pay for the license. Chair Sanchez. ' All right. Okay. Commissioner Gonzalez. ' That-s the way it has been _always has been. Chair Sanchez. ' All right. Listen, this is democracy here, Are you for 15? Commissioner Gonzalez, ' I agree with you. Commissioner Sarnoff I'll accept his 15 amendment. I'll accept it. Chair Sanchez,' You'll accept the 15? Commissioner Gonzalez,' Yeah. Chair Sanchez. ' Commissioner Regalcdo, 15? Commissioner Regalado. ' Yes, no problem. Chair Sanchez. ' So one individual can own up to 15 liquor licenses, ' that I don't support, but, you know, its three to one. All right. Commissioner Gonzalez. ' And let me add a little bit on my point on the licenses. It's not only the fee on the licenses, ' it's the requirements of the location in order to obtain the license. Chair Sanchez. ' Okay. Commissioner Gonzalez. ' Because we had to go _I had to go through the requirements with the Administration on the case of Melreese Golf Course. The amount of seating, the amount of bathrooms, the amount of-- you know, there are so many requirements that it is unbelievable. ., nchez n Fll r gh So ha e h ,, p4 rse„w ich th thee, otes re t ere, and we wll uote4on r ' o erallyj agtota ; +51diquorfl censenAne rndrvidual. could fella possess, Com tr?ssi ne" Ltibff fleece City of Miami Page 15 City Commission Meeting Minutes Chair Sanchez. ' _15 of the licenses - Comm issioner Sarnoff' Right. Chair Sanchez. ' _with your language? Vice Chair Spence -Jones. ' Wait, wait. Commissioner Sarnoff Correct. Vice Chair Spence -Jones. ' Okay. Chair Sanchez. ' Let me just brief you on this. Vice Chair Spence -Jones. ' Okay. Printed on 6/24/2009 July 24, 2008 Chair Sanchez. ' What's been proffered so far is that we agreed on the Wynwood Cafe District, so there was an amendment, and that-s the name _the official name of it. The other think was on the number of licenses. It was 15 to 25. Commissioner Sarnoff made City of Miami City Commission an amendment where it says that 25 or up _total 25 licenses, and then his language that he's proposing is that one individual cannot own, them all J Vice Chair Spence -Jones: Oh. Chair Sanchez. ' _but one individual can own up to 15 licenses, and I said ten _ Vice Chair Spence -Jones. ' Okay. Chair Sanchez. ' _but it'-'s' 3/2 right now. Vice Chair Spence -Jones. ' Okay. Let me ask this question because-- and maybe I'm just living in another world right now, but why would we want one person to monopolize Commissioner Sarnoff We don't. Vice Chair Spence -Jones. ' Well, I mean, jf a person has 10 has the option of having 15, which is --1'm assuming is what you're prop osing, that 's almost half or more than half-- Comm issioner Sarnoff The way it was written now, there was no - Applause. Vice Chair Spence -Jones. ' That's not cool. 'Commissioner Sarnoff _restriction at all, Chair Sanchez. ' All right, all right. Commissioner Sarnoff It doesn't mean they can own 15,,' it means they can't own morel ithan.J Vice Chair Spence -Jones. ' Yeah. Commissioner Sarnoff' I had suggested 10 and Commissioner Gonzalez add -asked for al friendly amendment to 15. The point,is the way it was written before, one person could have possessed all the licenses.] Page 16 Printed on 6/24/2009 Meeting Minutes July 24, 2008 Chair Sanchez. ' Own all of them. Vice Chair Spence -Jones. ' Okay. Well, I'm glad you _whoever caught that who caught that? Did you catch that? Commissioner Sam off Yes. Vice Chair Spence -Jones. ' Okay. I'm glad you caught it because ten or fifteen, I don't -- to me, I just think that whoever's doing that or whoever would have that opportunity would be monopolizing the situation. Damien B. just stood up and they own they [sic] own gallery over there, ' maybe they want to have a little cocktail lounge in their gallery now, you know, so in _not taking anything away from Lombardi or the Goldmans, but we do know y'all own the majority of the properties there, come on. Every-- doy'all not know that? Unident fled Speaker. ' Yes. Vice Chair Spence -Jones. ' Okay. So I think that we need to consider that number, City of Miami City Commission Chair Sanchez, ' All right. Well, let's _so, listen, the only way we're going to resolve that issue is ?f [we vote on it, So, Commissioner Sarnoffput it in a motion and we'11 vote on it, 'the 15, ' that one owner could own up to 15 licenses, Commissioner Sam off Okay, that—s' my motion, as amended by Commissioner Gonzalez. 1 accept it as amended. C�.e`1%? 4ti 'a.°/11.7i C'°?motion g e @seco ' 11tx •ebate# Ct3 "aobaGrJ( t cer b yvr xrgy''i % e ' k'%QP 3l cfr k+%iC, a • a f ! A ! i , iw A !. A ? CflAit ! , ! 4 ! Wi 424(y4!4:41, Vice Chair Spence -Jones. ' It's a problem. Chair Sanchez. ' All right. All in favor, say "aye." Vice Chair Spence -Jones. ' No. Chair Sanchez. ' There's two nos, but it still passes, right? Vice Chair Spence -Jones. ' Yeah. Chair Sanchez. ' Okay, but it still passes. So now, you have an individual owner owning up to 15 license, a total of25 license. That's -that takes care of the licenses, right? Commissioner Sarnoff Correct. Chair Sanchez. ' Now let's go to the boundaries. Okay, boundaries. Commissioner Sarnoff I would-- I'm going to accept the amendment that was proffered to go to 23rd Street. 1-- at some point _ Chair Sanchez. ' Twenty-third Street? Vice Chair Spence -Jones.' Twenty-third Street? Or 36th Street? Commissioner Gonzalez. ' 1 believe it makes sense because cutting this street in half I mean, you Page 17 Meeting Minutes Printed on 6/24/2009 July 24, 2008 know, you go Sofeetfrom one end and 50 feet on the end and then close --you know, broken in the center. Chair Sanchez. ' All right. On the boundaries, need a you're prop ose -you're offering a motion to extend it to include Northwest 23rd Street, correct? Commissioner Samnoff Correct. Chair Sanchez. ' Is there a motion? Vice Chair Spence -Jones. ' Well -- Chair Sanchez: There's a motion by - Commissioner Sarnoff So moved, Chair Sanchez. ' _Commissioner Samnoff 1s there a second? City of Miami City Commission Commissioner Gonzalez. ' Second. Chair Sanchez. ' Second by Commissioner Gonzalez. The item is under discussion. Vice Chair Spence -Jones.' Yes. I definitely _ Chair Sanchez. ' You're recognizedfor discussion, Vice Chair. Vice Chair Spence -Jones. ' I do understand why you want to take it to 23rd. It doesn't make sense not to, but again, are we not saying that we want to -not consider some of those small Wynwood businesses that actually been there for 20, 15 years on Northwest 2nd Avenue? Commissioner Gonzalez. ' But the problem on the liquor license is not that you cannot have a liquor license anywhere that you want, There is a sped fic -you're required to have two bathrooms. Vice Chair Spence -Jones. ' Right. Commissioner Sarnoff Right. Commissioner Gonzalez. ' You're required to have K'-imount of seating. It-s' aproblemn that we confronted with the golf course. I had to seek the Admninistration _am I might? _ with AT in order for the City to accommodate the golf course to requirements ofATF so they could get the license. Vice Chair Spence -Jones. ' Okay. Let me just say this, Commissioner. Commissioner Gonzalez. ' I know a little bit of the business - Vice Chair Spence -Jones. ' I know. Commissioner Gonzalez. ' _because I own it for five years (UNINTELLIGIBLE). Vice Chair Spence -Jones. ' And I'm sure you _and I'm just a neophyte trying to learn, that- all. But I --first of all, most of those businesses over there that are now all warehouses so most of them do not have what you're saying some of these places might -- are supposed to have, so no matter what, they don't have it anyway. They're going to have to build that. But Ijust think that Page 18 Printed on 6/24/2009 Meeting Minutes July 24, 2008 it is _andl don't know where my Puerto Rican chamber person is. He-s _,he's gone already. Chair Sanchez. ' He'r gone. Vice Chair Spence -Jones. ' Okay. Commissioner Samnoff Luis Dc Rosa. Vice Chair Spence -Jones. ' I just think that to not consider the people that have lived in Wynwood that I know for a fact, right there on Northwest 2nd Avenue that have places there now that If they had the opportunity to do some sort of expansion, they would. That's' one. Andl know a Puerto Rican business there right now, andl know a Dominican business right there now. And then, not only that, north _36th Street. Ijust mentionedLost and Found. I mean, great place to eat,' would be greate could serve more than just beer and wine. So Ijust _how .and these are the people that really -these are the food establishments that are theme right now, It's not that they're coming, ' they're there now, so it's -to me, it-- they're not going to be built, ' they're there now serving food, so it only makes sense to at least find a way to support them. Chair Sanchez. ' All right. So as presented on the boundaries, there' a motion and a second to extend it to Northwest 23rd Street, You want to add something on the record before we vote on this? Mr. Toledo. ' I'm just going to go ahead and-- Lourdes is going to put something on the record following what Commissioner Gonzalez said on exactly the process is _ Chair Sanchez. ' Okay. Mr. Toledo, ' _so that everybody understands. Chair Sanchez. ' The liquor license? Lourdes Slazyk (Director, Zoning Department). ' Yes. Mr. Toledo. ' Yes. Chair Sanchez. ' Yes, All right, go 'head and put it on the record. Ms. Slazyk. ' Ijust want to clam j,m5' one thing because of the way the discussion is going theme may be some misleading going on here. The City does not issue the liquor licenses Commissioner Samnoff Right. Ms. Slazyk. ' _okay,' that'is' through the State, Chair Sanchez. ' The State does. Ms. Slazyk: All this ordinance does is removing the distance limitations between the licenses. There was a comment made about you need a certain amount ofseats. Theme's - seats are required ifyou get a certain type of license as a restaurant. Those are exempt from distance anyway. This is for bars. Commissioner Samnoff Straight liquor. Right. Ms. Slazyk. ' For straight liquor, the four COP (Consumption on Premises) quotas. Those licenses run between 80,000 and $120,000. City of Miami Page 19 Printed on 6/24/2009 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff Hundred and twenty thousand dollars, right. Ms. Slazyk. ' But when we approved the one on 8th Street, some people were under the _ they came to see us in Zoning thinking we had licenses for them and it's -okay, I just wanted to be real clear _ ChaimSanchez. ' Wegotit. Ms. Slazyk. ' _the City doesn't issue the licenses, This is just a distance exemption - Commissioner Gonzalez, ' It- s _ Chair Sanchez. ' Okay. Ms. Slazyk.' -between licenses, City of Miami City Commission Chair Sanchez. ' All right. Commissioner Gonzalez. ' It'r the State, Commissioner Samnoff Thanks for clay jjing that. Commissioner Gonzalez. ' It's the State. Chair Sanchez. ' Thankyoufor clam, i5. 'ing that. All right, let's go to the boundaries. There was a motion and a second to add that little square theme. Okay, there's a motion and a second. The item is under discussion. Hearing no discussion, we're going to vote on it. All in favor to include Northwest 23rd Street, say "aye." The Commission (Collectively). ' Aye. Maria I Chiaro (Deputy City Attorney). ' Mr. Chair. Vice Chair Spence -Jones. ' But okay -then I want to make _okay, aye. Chair Sanchez. ' So that _ Vice Chair Spence -Jones. ' I mean, 'cause it's not like I don't want to include that, Mr. Chairman, Chair Sanchez,' Well, Ijust--I'm in a situation where my vote wasn't going to count on that one. All right, so that includes that, So, basically _ Ms. Chiamo, ' Mr. Chairman. Chair Sanchez.' _the geographic has also been amended. Ms. Chiaro, ' I just want to make sure _we have not received a cop _we, meaning the City Manager, nor 1 the City Attorney, have received a copy of the attachment. 1 want to be. sure that the Clerk has the attachment, that all of the Commissioners _ Comm issioner Sarnoff Where's Ben Fernandez? Ms. Chiaro. ' _are looking at so that we are clear on what the boundaries are, at least the Page 20 Meeting Minutes Printed on 6/24/2009 July 24, 2008 Commissioner Sam off Where'r Ben Fernandez? Ms. Chiamo, ' _record is clear, Chair Sanchez. ' Okay. Vice Chair Spence -Jones. ' So what is the last one? Chair Sanchez.' Well, hold on, because I think those are the issues, unless theme's somnething else that a Commissioner may want to proffer as an amendment, But right now the things that we have agreed upon is the name change, total of25 liquor licenses, and one individual cannot hold more than 10 licenses. Vice Chair Spence -Jones.' No. He said 15. Chair Sanchez. ' The public hearing _ Comm issioner Samnoff Fifteen. Chair Sanchez, ' Fifteen. City of Miami City Commission Vice Chair Spence -Jones. ' F jleen. Chair Sanchez, ' Fifteen. Well, 1 wanted ten, but - 1 Vice Chair Spence -Jones. ' Me, too. Chair Sanchez. ' All right. The public hearing is closed and might now we need to do put this to an end. All right, is theme any other amendments anybody may want to add? Vice Chair Spence -Jones.' Can 1 ask for us to reconsider the 10 to 15? Chair Sanchez,' You don't have the votes. We don't have the votes, so - Vice Chair Spence -Jones. ' 1 don't know. 1 'm just asking my fellow Commissioners to be sensitive to the fact that we don't want anybody to any of these Wyn _these _ Commissioner Gonzalez, ' Okay, let's _a motion to reconsider. Chair Sanchez. ' Okay, so motion to reconsider, ' you'll second it, Vice Chair Spence -Jones. ' Second. Chair Sanchez, ' All in favor, say "aye." The Commission (Collectively). ' Aye. Chair Sanchez. ' Anyone in opposition, having the sanme right, say "nay. " So the motion to _the motion is -we've reconsidered the 15 licenses - Vice Chair Spence -Jones. ' To 10. Chair Sanchez. ' _to 10. 1 would accept 10. Commissioner Gonzalez. ' Okay. Now 1 propose 13 to one owner and 12 open license. Page 21 Printed on 6/24/2009 Meeting Minutes July 24, 2008 Chair Sanchez. ' What? Commissioner Gonzalez. ' Thirteen to one corporation or to one group. Vice Chair Spence -Jones. ' That's less. Commissioner Gonzalez, ' Huh? Vice Chair Spence -Jones. ' That's less, Commissioner Gonzalez. ' What do you mean, it—s' less? Commissioner Sam off That's no, he— right. I'll second that motion. Chair Sanchez, ' Okay. Commissioner Gonzalez, ' Yeah, 13. Commissioner Regalado. ' What did he say? City of Miami City Commission Chair Sanchez.' All right. Commissioner Sarnoff He's saying 1propose 13; that leaves 12 open licenses. Commissioner Gonzalez. ' Twelve open licenses. Commissioner Samnoff In the event somebody were to come in and try to get 13. Commissioner Gonzalez.' Yeah, because we can't divide it 12 and a half - Commissioner Samnoff Right. Commissioner Gonzalez, ' _so, you know, 13 and 12. Chair Sanchez. ' 1 could accept that. So the _Commissioner Gonzalez mnakes the motion and - Ms. Chiamo. ' No more than 13, Commissioner Gonzalez. ' You got two more. Chair Sanchez.' _Commissioner Samnoff seconds it. The item is under discussion. No further discussion. All in favor, say "aye:" The Commission (Collectively). ' Aye. Chair Sanchez.' Anyone in opposition, having the same right? Commissioner Gonzalez. ' And let me tell you another concern. Chair Sanchez, ' That vote is 5/0. Commissioner Gonzalez. ' Let me tell you _ Vice Chair Spence -Jones.' We got two more. Page 22 Meeting Minutes Printed on 6/24/2009 July 24, 2008 Commissioner Gonzalez. ' _another serious concern that 1 have, okay? Vice Chair Spence -Jones.' Yes, sir, Commissioner Gonzalez.' When you talking about so many liquor license, you're talking about 25 liquor license holders in such a small area - Vice Chair Spence -Jones. ' That's what 1-- Comm issioner Gonzalez, ' _okay, you have to have control of25 different establishments and 25 diffcm 'ent owners. Vice Chair Spence -Jones. ' And the crime. Commissioner Gonzalez. ' And let me tell you, I've been in the business of liquor for many years, and 1 know what happens in some of those establishments, So when you hold one corporation or you hold one person, you know, accountable for the most of the licenses, you are jeopardizing not one license _ Comm issioner Samnoff Jeopardizing _ City of Miami City Commission Commissioner Gonzalez.' _he-s jeopardizing all -- Chair Sanchez. ' All his license. Commissioner Gonzalez.' _ 12 _ Chair Sanchez. ' Licenses. Commissioner Gonzalez. ' _licenses, Chair Sanchez. ' So there _= control _ Comm issionem Gonzalez. ' Okay. Chair Sanchez. ' -for the business to comply. All right, so that takes care of that. The boundary, we voted on, So those are the items, okay. So now what we need to do is vote on the ordinance as amended, okay? So we need a motion to approve the ordinance _ Comm issionem SarnoffSo moved, Chair Sanchez. ' _on second reading _ Comm issionem Gonzalez. ' Second. Vice Chair Spence -Jones.' Second. Chair Sanchez. ' _as amended. The motion has been made by Commissioner Samnoff second by the Vice Chair. We are prepared to vote on this ordinance, as amended, with the amendments that have been proffered. Can you read the ordinance into the record, followed by a roll call? But before we do that, there's some people that aren't happy with this, Listen, somebody made the statement that they're outside the district andl respect the name. You know, what's in a name? It- a name, and you've had that name, andl don't foresee anybody coming and taking that name away from you. 1 respect that. 1 think everybody's going to benefit from this. Page 23 Printed on 6/24/2009 Meeting Minutes July 24, 2008 Wynwood has been neglected for many years. The thing that brought _and 1 take great pride in Wynwood because it's a great community, but Wynwood was neglected for many, many years and the only thing that kept it alive was the art community, its rich culture, and Midtown. You have a great opportunity here now to create something very special, a place will be sign /Icantly recognized maybe to the elements and the level of a South Beach, SoHo in New York, and different areas. So 1 think that this will allow us to create an area that'r going to benefit jobs, promote the arts, which is very important for a community, and I'll tell you, if you ever want to bring economic vitality and revitalization to an area quickly, it's arts. Arts will do it. So this is something thatithink everyone will be proud of it's done might, andlhope that ten yearsfrom now, 1 have to wait 25 minutes to get a seat in one of those art galleries or one of those restaurants or one of those bars. Maybe five years from now. All right, so having said that, anyone may want to add something on. If not, we're prepared to read the ordinance into the record, followed by a vote, The Ordinance was read by title into the public record by Deputy City Attorney Maria 1 Chiaro. Chair Sanchez.' All might, roll call. Ms. Thompson. ' Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson. ' The ordinance has been adopted on second reading, as mod(fied, 5/0. Chair Sanchez. ' All right. Congratulations to all. Please, when you exit, exit quietly. Thank you for coming. City of Miami Page 24 Printed on 6/24/2009