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HomeMy WebLinkAboutCC 1995-11-08 Minutesi INDEX MINUTES OF SPECIAL MEETING i November 8, 1995 LEGISLATION PAGE ITEM SUBJECT NO. NO. 1. DISCUSSION CONCERNING EFFORTS TO KEEP i R 95-780 1-13 THE MIAMI HEAT AND THE FLORIDA PANTHERS 11/8/95 PLAYING AT THE MIAMI ARENA -- DEMAND THAT MIAMI SPORTS AND EXHIBITION AUTHORITY: (1) EXHAUST ALL POSSIBLE ___._.............._-- .._ ..._.AVENUES- TO ENSURE THAT THE MIAMI HEAT _ ..:..__..: REMAINS AT THE MIAMI ARENA; AND (2) OBTAIN COPIES OF ALL DOCUMENTS REGARDING ANY ASSIGZ'IENT / TRANSFER / SALE OF THE MIAMI ARENA CONTRACT BETWEEN MIAMI SPORTS AND EXHIBITION AUTHORITY AND DECOMA MIAMI ASSOCIATES, LTD. i Wad MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 8th day of November, 1995, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 10:10 a.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Apo :_R•'[w Mayor Stephen P. Clark Vice Mayor J.L. Plummer, Jr. Commissioner Vidtor De Yurre Commissioner Wifredo Gort Commissioner Mill.er.I. Dawkins Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. ------------------------------------------------- -------------------------------------------------------- - 1. DISCUSSION CONCERNING EFFORTS TO KEEP THE MIAMI HEAT AND THE FLORIDA PANTHERS PLAYING AT THE MIAMI ARENA -- DEMAND THAT MIAMI SPORTS AND EXHIBITION AUTHORITY: (1) EXHAUST ALL POSSIBLE AVENUES TO ENSURE THAT THE MIAMI HEAT REMAINS AT THE MIAMI ARENA; AND (2) OBTAIN COPIES OF ALL DOCUMENTS REGARDING ANY ASSIGNMENT / TRANSFER / SALE OF THE MIAMI ARENA CONTRACT BETWEEN MIAMI SPORTS AND EXHIBITION AUTHORITY AND DECOMA MIAMI ASSOCIATES, LTD. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: We have an opening statement by Commissioner Victor De Yurre, who will read it into the record, and then we will proceed. Commissioner De Yurre: Thank you, Mr. Mayor. Florida law enabled the City of Miami to create the Miami Sports and Exhibition Authority in order to promote sports, conventions and exhibitions. The members of the Miami Sports and Exhibition Authority serve at the pleasure of the City of Miami Commission. Subsequently, the City entered into a land lease agreement with 1 November 8, 1995 -4, the Miami Sports and Exhibition Authority to develop, construct and operate the Miami Arena to attract professional sports franchises. To this end, the Miami Sports and Exhibition Authority contracted with Decoma Miami Associates, Limited, as the operator of Miami Arena. Decoma was therefore entrusted to enter into agreements with the Miami Heat, Florida Panthers, and other arena users. While the City does not have the contractual ability to dictate a lease extension with the. Miami Heat, the City has a moral responsibility to its residents to assure that all efforts are being pursued by the Miami Sports and Exhibition Authority, and its contractual operator to ensure that the Miami Heat and the South - and the Florida Panthers stay in Miami. The City of Miami cannot tolerate losing the Heat and the Panthers. However, we are concerned that a potential conflict of interest exists and that the Miami Sports and Exhibition Authority has not been fully informed as to the makeup of the operator of the Miami Arena. Furthermore, without proper disclosure by the operator to the Miami Sports and Exhibition Authority, the City cannot assure its citizens that all necessary steps are being taken to keep the Heat and Panthers in Miami, limiting our ability to plan for the future. To date, the City is unaware of any further efforts to negotiate a lease extension with the Miami Heat. Therefore, we demand that by the next Commission meeting scheduled for November 16, 1995, the Miami Sports and Exhibition Authority take the following steps. One: exhaust all possible avenues to ensure that the Miami Heat remains at the Miami Arena and report steps taken to the City; Two: identify the operator of the Miami Arena, and disclose same to the City. Three: identity the owners and ownership interest in the operator of the Miami Arena, and disclose the same to the City. And four: obtain from Decoma Miami Associates, Limited and/or the existing operator copies of all documents regarding any assignment, transfer or sale of the Miami Arena contract between Miami Sports _.....__...... and Exhibition Authority and Decoma Miami Associates, Limited, and provide said copies to the City of Miami. Mr. Mayor, I have a resolution here, and I'll read it as part of the statement, which reads as follows: "A resolution demanding that the Miami Sports and Exhibition Authority: (1) exhaust all possible avenues to ensure that the Miami Heat remains at the Miami Arena; (2), identify the operator and the owners of the operator of the Miami Arena; and (3), obtain copies of all documents regarding any assignment, transfer or sale of the Miami Arena contract between the Miami Sports and Exhibition Authority and Decoma Miami Associates, Limited, and provide copies to the City of Miami." Mayor Clark: The reason that the statement is in there to identify the operator and the owner or owners of the operator of the Miami Arena, the City has tried fruitlessly to find out who these people are. And apparently, the people who in charge of that will not disclose it to the City of Miami, which I think is a conflict of interest. So consequently, that's the reason for this meeting here today. Mr. Plummer, you have the floor. Vice Mayor Plummer: This is the. first I've seen this, so I'm trying to read through it very, very quickly. I think that what we're here about today - at least I hope it is - is to try to find an area of compromise. I think what we need to try to do here today is to sit around a table with all parties concerned - this City Commission, the Sports Authority, the Panthers, the Heat, and all parties concerned - because I think that what this one Commissioner wants to accomplish in the end is that the Heat and the Panthers - hopefully both - will remain in the City. So I say to... I don't see anything wrong with this resolution, in any way, shape or form, but, Mr. Mayor, I would appreciate, please, the opportunity to read through it a little bit more. Mayor Clark: Go right ahead. Vice Mayor Plummer: No, let it go on to someone else who will speak at this time. Mayor Clark: All right. Commissioner Gort. 2 November 8, 1995 Commissioner Gort: Mr. Mayor, I think the intent of everyone has been expressed by Commissioner Plummer. What I'd like to have is some additional opinions from our attorneys, in case... My understanding is requests that have been made in the past have not been complied with by the Decoma or the Leisure Managers. I would like for the County - the City Attorney's Office to let me know what are the... By reading the. contract - I just got the contract yesterday, and not being an attorney, it wasn't easy for me to go through this - to Find out what are the options that the City has in case of noncompliance with this resolution. Mayor Clark: Thank you, Mr. Gort. We have... the City has retained, through the City Attorney's Office, the services of Mr. Ron Krongold, who has - and his associates - who has examined this very, very... Why don't ,you give us an update, Ron, as to what's happened so far with your... Would you like to? Please come to the mike. For the record, please identify yourself. Mr. Ronald Krongold: My name is Ronny Krongold. I am an attorney with the law firm of Krongold and Todd. We're at 201 Alhambra Circle in the Gables. We were given the task of reviewing, actually, two documents - three documents: The original land lease, which was entered into when the Arena was first conceived, and there was an amendment. And then there is the Arena contract, which is the contract that is between the Sports Authority, which is a creature of statute. And the Arena operator which at that time was Decoma. We've reviewed that document, and in the document, in the operating document, there are provisions for those assignments of the operator's rights to other operators. In other words, Decoma has the right to �.___......_. _.._. assign their rights under that contract. I've been sold.lhat, in fact, those rights were assigned. The operator's rights were assigned. I don't know who they were assigned to, because I've never been able to see, or I've never been able to obtain the assignments. And I understand there were two assignments, actually, of the operator's rights to other companies: although I understand Leisure Management is now considered to be the operator. In addition to that, there are provisions within the operating contract, as well as the land lease, that if there is a change in ownership of the operator, that we still... We have to be advised of that, too. And I believe it was an 85 percent ownership change. I don't know whether or not there has been, in fact, a change in the makeup of Decoma, because I've never seen those documents. And until we see those documents, we can't determine what the legal rights of the parties are. In addition to that, there are other provisions that are pertinent to the City of Miami, in that the City of Miami has a provision within the land lease that they cannot compete. In other words, they can't compete with their own arena. So they can't go out and, in fact, offer the Panthers, or the Heat, or any other team, another arena or another arena site. But there also is a provision in the land lease that says that Decoma, who is the operator, can't compete also. Well, I don't know who is negotiating other arena sites, whatever, but if the operator, in fact, is Decoma now, then there may be a question as to whether or not they have a conflict. But since we don't... I haven't seen the documents, I can't make that determination. That's basically where I stand, as far as we've gone. Vice Mayor Plummer: Question. Mayor Clark: Hold on, J.L. Vice Mayor Plummer: I'm sorry. Mayor Clark: Commissioner Dawkins. Commissioner Dawkins: Oh, well, I'll yield to J.L., and then come back to me. Thank you. Mayor Clark: All right.. J.L. 3 November 8, 1995 Commissioner Dawkins: Thank you, Mr. Mayor. Vice Mayor Plummer: The question I wanted to ask was, didn't we all read in the paper where Mr. Huizenga bought a part of the Arena from Decoma, or bought into that? Don't I recall that? Mr. Krongold: Well, again, I don't... I don't know whether Mr. Huizenga bought into the Leisure Management or he didn't. I don't know if he bought into Decoma or didn't. Without the documents... And understand, there are two contracts. There is the land lease, which is between the City and tine operator as a signatory and Decoma, and the Sports Authority. The Sports Authority then has a contract between... Let's say that they're a tenant of the property. They have a contract, between themselves and the operator, which is Decoma. What you're asking me is whether or not Decoma has signed a contract, and the owner, or the operator, is Huizenga. I have no way of knowing that. Vice Mayor Plummer: Thank you. Well, hey, if you don't have it, you don't know. Mayor Clark: Commissioner Dawkins. Commissioner Dawkins: We have an obligation not to pass the buck. While I commend the Sports Authority for its commitment to bring the negotiations to closure, in light of what is happening in Cleveland and other cities, it is imperative that we, as a Commission, reaffirm our notion that we want the Heat to stay in the City of Miami. New owner, new coach, developing a new team which. has -a. new attitude. All of that should be new for the City of Miami. New .. _.._._. negotiations in good faith on behalf of all parties must be entered into. And by good faith, I mean, I am hereby requesting that the Miami Sports and Exhibition Authority meet with the owners of the Miami Heat and with the parameters of MSEA's (Miami Sports and Exhibition Authority) fiduciary obligations, during the course of that meeting and any subsequent meetings, negotiate with an honest and sincere intention of fulfilling MSEA's obligations to ensure that the Miami Heat obtains and retains as many professional sports franchise tenants under commercially viable long-term lease agreements as prudently possible. If at any time either party feels that these negotiations are not continuing in good faith, i recommend that that the Commission be notified immediately. Upon such notification, the Mayor, in concert with the rest of us, will determine the most appropriate next step to move the negotiations forward. The only thing I'd like to add, Mr. Mayor, is, me, personally, in my opinion, I do not see any need in the world of negotiating with Mr. Huizenga. Mr. Huizenga has said numerous and numerous of times that he will not, in any way, play any sport or have anything to do with the City of Miami. Now, he has made that abundantly clear. Mayor Clark: You're right. Commissioner Dawkins: And for us to sit here and direct the Miami Sports and Exhibition Authority to go and negotiate with him when he is constantly saying, "I will not come," to me, it doesn't make sense. But I am in favor of MSEA doing all that it can to meet the obligations to see that the Heat remain in the City of Miami, Mr. Manager - Mr. Mayor - within reason. Mayor Clark: Thank you. Ladies and gentlemen, the reason this all came to a boiling point like this is very simple. The Miami Heat, after a change of ownership from Mr. - from the group to Mr. Arison - requested of the City an extension of the lease for at least three years. We started to go back, and found out that we, as the City of Miami Commission, have no ability to become involved in this project. Now, they went back to the Decoma, or Leisure Management, or whoever it was, and Leisure Management said, "No, we're not going to do this, not unless there's a great big change, insofar as the monetary remittances are concerned, to the Leisure Management, and also the Decoma Group." That's where it all started. If this lease would have been extended, we wouldn't be in this position here today, probably not even with the Panthers. 4 November 8, 1995 But apparently, between the time the lease for the Miami Heat was commissioned and become a reality, the payments and conditions of that lease were not - wanted to be extended. Then the Panthers came along, and they didn't get the same type of lease, and they were kind of smoked off, I suppose. .And consequently, now, the Heat - the Panthers group is the one that's really standing in the front of all this problem we have at the present time. Is that a fair assumption? Vice Mayor Plummer: I... Mayor Clark: Yes, sir. Vice Mayor Plummer: I'd like to hear from the Manager what his ideas are. He's worked with these people, and let's get the benefit of his... Oh, I'm sorry. Did Victor want to go? Commissioner De Yurre: No, no, I'll listen to him first. Mr. Cesar Odio (City Manager): Where we are, and where we're going? Vice Mayor Plummer: No. I'm asking you to bring me up to date. Mr. Odio: I tell you what I feel from my heart, and as a professional, both. If the Heat does not stay in downtown Miami, it is the City of Miami, not the Miami Sports and Exhibition Authority, not Decoma, not LMI (Leisure Management, Incorporated), not anybody else but us that will be hlamed.foLit. So therefore, we have to -fake the leadership, and there is no question _ of it. Moral leadership, yes. Call it what you want, yes. Do we have a contract? Yes. But we have to overcome that one way or the other, Commissioners, Mr. Mayor. And that's my feeling, because we are ultimately responsible for the City of Miami's well being. And therefore, we do have to take the lead, and I'm so happy about this Commission... Commissioner Dawkins: Mr. Mayor, may I take a point of special privilege? Mayor Clark: Sure. Commissioner Dawkins: Mr. Perry, will you come to the mike, please? Mr. Perry, when the Heat were attempting to negotiate a lease, I was the chairperson of the Sports Authority. I think you did all that you could to encourage the Heat to take a long-term lease. I think that - and I want you to refresh my memory, please - Mr. Huizenga's group said that under no circumstances would they take a long-term lease, because he did not intend to be here long. Then we gave him a rate, and he refused, so we came down and he wanted a two-year lease or whatever it was. But the money was prorated on the time that he... Would you walk through. that for me, please, sir? Mr. William Perry: Yes, sir. First of all, I think that you should also know that in 1992, there was a settlement reached - I think at the time, Commissioner De Yurre was the chairman of the authority - as it relates to excess elected expenses. Basically, what that adds up to, over the - from that period to the end of the current term - is approximately six hundred thousand dollars ($600,000). There was a dispute that we were involved in that we resolved at that particular time. Now, with the Panthers, when we negotiated a lease with the Florida Panthers to come to the Arena, they were always up front and very, very clear that the only way... They wanted a two-year deal with four one-year options. And the reason why they wanted that was because the NHL (National Hockey League) had a caveatattached to the award of the franchise that told them that they had to construct a new facility, and they were always willing to - for that short- term deal, and they were willing to pay pretty much whatever it takes to stay there until the new Arena was done. Quite frankly, things have changed. They wanted to go into the Blockbuster Park Development. That did not pan out. And that's basically where we are with the Panthers situation. 'They have, as you all know, agreed not to extend their option for us next year. Now, when you were... Getting back to your point about the Heat, Commissioner Dawkins... 5 November 8, 1995 Commissioner Dawkins: No, no. Only the Panthers. Go ahead. Mr. Perry: When we were... We did have open dialogue. We invited them, you know, to all the board meetings that we had, and various committee meetings. They were notified each and every time that happened, when we had those meetings during your tenure, and I think that throughout, throughout the entire tenure of the Authority, for the last five and a half years that I've been there. So I don't know if that, you know, addresses the issue about them being involved, but you are correct. Commissioner Dawkins: OK. But that was the other Heat's ownership, not this Heat ownership. Mr. Perry: That is correct. Commissioner Dawkins: OK. Thank you. Commissioner De Yurre: Mr. Mayor, if I may. Mayor Clark: Yes, sir. Commissioner De Yurre: Understanding the desire that has been expressed here this morning, including Cesar's views of the situation, we have to understand that, yes, morally, we have a duty, to do.all we canto keep the Heat downtown_.. Legally, however, it falls on the hands of Leisure Management, who is the one th2t negotiates whatever lease extension is going to be negotiated with a tenant - in this case, We Heat. We are in a situation wherein there are three years remaining on the current ten-vf ar lease. There were talks a few months ago about extending it with an additional thice years and maybe making a new six -year package, or finishing out the term of this lease, and just adding an additional three years. Leisure Management's position has beers, throughout this whole process, that they're willing to extend a lease, and they're willing to renegotiate the existing lease. However, according to them, it has to be on an arm's length fair transaction. And that is their position. We cannot force them, legally, unless we discover some legal way, mechanism that we are not aware of today. Legally, we cannot force them to do anything other than act in good faith in negotiating a lease extension, which creates the following scenario. And that is, if the Heat is in a position that they do not want to move beyond "X" dollars a year, and Leisure Management is in a position that they will not move from their situation unless they get "Y" dollars, then somebody has to cover that gap between the "X" and the "Y". And it's going to fall back on this Commission, whether this Commission wants to subsidize the Miami Heat for the difference or not. That is, if you're talking about morally taking handle of this situation, if you're talking about resolving this situation, Leisure Management legally has every right to do what they're doing. The Heat has every right to do what they're doing, and they're just - and they are a good million or maybe a little bit more - dollars apart per year. So where does the difference come in, if we're talking and we're seriously talking? Then you're saying, "Hey, you got to come up with the money, and subsidize the difference," number one. Then, in exchange for what? What do we get in return for subsidizing; the Miami Heat? What do we get? A legally binding agreement that they will remain downtown? And then what? They're not going to sign anything; unless they know what the situation is going; to be, if there's a new facility that's going to be built, who's going to build it, and what the terms and conditions of that is going to be. So right now, if we're just going to deal with morally supporting this situation, that is fine, but if you want to be real about it, then you've got to talk about some very serious issues about putting up money, having it or not having it, and that is something that this Commission would have to address at some point in time, the way things are headed currently. And I just want to put that on the record. I'm not in support of subsidizing anything at this point in time, but I just want to put on the record that, right now, that is the only viable solution to working out something quickly. 6 November 8, 1995 Mayor Clark: What everyone should know, and I don't think they realize, and they don't know it now, the lease with the Miami Heat is not the same type of lease that they have with the Panthers. The Miami Heat has a very exceptional, good lease... Vice Mayor Plummer: Lucrative. Mayor Clark: ... and maybe that's the reason the Heat is a little smoked off, because they don't get the same treatment... Commissioner De Yurre: The Panthers. Mayor Clark: ... as the Panthers do. Vice Mayor Plummer: Mr. Mayor... Mayor Clark: So everybody should know, these are two different leases, with not a marginal, but a tremendous amount of difference between the two. Vice Mayor Plummer: Mr. Perry, did I understand correctly - I mean, are we windmills in the breeze? - that regardless of what takes place, the Panthers are obligated to move and build their own facility? I mean, is that a... Is that an absolute guarantee, they've got to do that when they _ . receive... Mr. Perry: On receipt of the franchise, when they were awarded the franchise... Vice Mayor Plummer: Yeah, right. Mr. Perry: There was an agreement by the Florida Panthers and the National Hockey League, that to get this award, we want you to agree to build a new arena. Vice Mayor Plummer:• "Want" or "mandate"? I mean, there's a difference. Mr. Perry: I have not... Vice Mayor Plummer: I mean, the question I'm really asking... Mr. Perry: I have not seen the documentation, so I can't clarify that. Vice Mayor Plummer: Are we... Are we blowing breeze in the sky here, trying to say, "Panthers, stay," and they can't? Commissioner De Yurre: They don't want to stay. Mr. Perry: Hey, the bottom line is that they do not want to stay here. Commissioner De Yurre: J.L., J.L.... Vice Mayor Plummer: No, no, not what they want. Commissioner De Yurre: J.L., bottom line is, forget about the Panthers. Deal with the Heat, that's it. OK? Vice Mayor Plummer: Well, no, I want to make sure I understand, Victor. 7 November 8, 1995 Commissioner De Yurre: Well, I'm just telling you. Vice Mayor Plummer: If what I'm hearing is the Panthers are under an obligation to build a facility and move, so I'm asking the question of myself and of you, any effort we put towards that is a waste of time. Commissioner Dawkins: But I think Mr. Perry has told you that that's his interpretation of what he read. Vice Mayor Plummer: I'm trying to... Commissioner Dawkins: He did not say that that was the gospel. Vice Mayor Plummer: I'm trying to get the gospel Commissioner Dawkins: But you're trying to get him to say that's the gospel when he, the man is telling you, "I read this, and my interpretation from what I read is this." Vice Mayor Plummer: Well, who's got the gospel? Mr. Perry: Yeah. We've had conversations with them about that, as well, and they will verify _ ..that, in terms. of the want to build a new arena. -' Vice Mayor Plummer: No, not "want." Now, Bill... Bill... Mr. Perry: And that... I mean, and the mandate to build a new arena because of the National Hockey League provision. Vice Mayor Plummer: Are they under contractual obligations to build? Mayor Clark: Mr. Gort has... Mr. Perry: I don't... I can't answer whether or not it's a contractual obligation with NHL. I have not seen the documentation to verify that. Vice Mayor Plummer: OK, all right. So we're not sure. Mayor Clark: Mr. Gort has the floor. Commissioner Gort: Mr. Mavor, what I would like to do is, we have a resolution in front of us. I think we should move on it. They are to come back on the 16th, and I think on the 16th, everybody is aware of the questions that we have, what we want to have in front of us, and I'd like our attorneys to come up with the... What are our rights, what can we do under the contract, and if there's been a breach of contract by Decoma. And I think we need to find out. We've had, I understand, people working on this for a long time now. I think we should move on this. On the 16th, we should get all that information, and then come up with the options, the different options that we have. In the meantime, I think. there's many individuals, riot only in the City of Miami, but the County and downtown, and they want to see this happen. So maybe now, with the private sector and the public sector working together, and all of us working as a team, we'll be able to do it. I think, Mr. Mayor; somebody from the public wants to speak for the Heat. Mayor Clark: All right. Mr. Gonzalez, 'Boom -Boom." Mr. Manuel Gonzalez-Goenaga: Yes. Well, good morning. Mayor Clark: Very short and sweet. Yes, sir. Mr. Gonzalez-Goenaga: Just my name? My name is Manny - still "Boom -Boom" - Gonzalez. And congratulations to Mr. Plummer. Vice Mayor Plummer: Thank you. Mr. Gonzalez-Goenaga: And half of congratulations for you, Mr.... Mayor Clark: OK. Thank you, thank you. Mr. Gonzalez-Goenaga: Well, very simple. I am a fellow who is normally considered that I should go to the cuckoo's nest. Yet, I think I have more common sense than most people, and I interpret it this simple way. I do not blame the Heat. I do not blame the Panthers. They are businessmen. They are in their perfect right to do what is best, in their best interest. The problem is that in Miami, it takes three to tango: The Panthers, the Heat, and... Look at the names. Heat. Panthers, "panteras." And here, we have the little buys, you see? You guys represent us, and as Shakespeare said once, "The problem, dear Brutus, lies not in our stars, but in ourselves," you guys. So let's have some type of conciliation instead of confrontation. And I think that you should also work with the big guys at the Metro Commission. So it might take four to tango here instead of three. But if you think.thai you have the answer to everything, you are on the wrong side of the fence. Mayor Clark: Thank you for your comments. Mr. Gonzalez-Goenaga: And to finish, remember, we need a radical change... Mayor Clark: Thank you. Mr. Gonzalez-Goenaga: ... from the top down. Mayor Clark: Thank you for your comments. Mr. Gonzalez-Goenaga: I'm talking about management now. Mayor Clark: Thank you. Ms. Pauline Winnick. Ms. Pauline Winnick: Thank you, Honorable Mayor, members of the Commission, Manager and staff. A couple of things that I think need clarification on behalf... Commissioner Dawkins: Give your name for the record. We know who you are, but put it in the record, Pauline, please. Ms. Winnick: Pauline Winnick with the Miami Heat. I'd just like to clarify a couple of things. What the Heat has been looking for, Mr. Mayor, since your initial meeting with Mr. Arison was a two-year extension. Mayor Clark: That's right. Ms. Winnick: That we had offered to increase our rent ten percent each year, but we would like the same terms and conditions. And to clarify, Mr. De Yurre, under no circumstances is the Miami Heat looking for the City of Miami to subsidize LMI. 9 November 8, 1995 19 Vice Mayor Plummer: Pauline, I think it's... I think it's very important that you put on the record, for what reason are they looking for a two-year extension, and what do they hope to accomplish by that, if it was granted? Ms. Winnick: I think if you have followed Mr. Arison's statement since he took over, he's looking for at least a two-year extension so that we have an opportunity to evaluate our options. And what we are looking for, very clearly, Mr. Plummer, is a new arena that will enable us to compete in the sports marketplace for the next millennium. And Mr. Arison has been very clear - sometimes to our detriment, I suspect - to say that lie could envision a signature building in Bicentennial Park. Vice Mayor Plummer: Well, I think one of the problems existing - and you can take this message back home with you - is that every morning, when we pick up the periodical by the bay, we're seeing a different thing. First, they're in Broward County, and they're talking up there, and then on WINZ, I hear that that's fallen apart. And then this one downtown, the Metro, is doing this. And I'm sitting back here saying, "I'm a City Commissioner. I own the property I - the City owns the property - and they're talking to everybody but me," you know? They're talking to everybody but me. Now, I think that they need to say, "Hey, what he wants is a two- year extension or three-year extension." I think that's first and foremost. I think that card has to be laid on top of the table, that determination has to be made, and then we'll go from there about something else. But. I think until that's behind us, all this other talk is detrimental to all parties concerned. So my.advice to your dear friend, Mr. Ariscan is come talk, let's get one thing settled at a time, and if we can go over that hurdle, then we'll talk to the next one. But talking to all of these other people everywhere, I think, to me, just confuses the issue. Mayor Clark: And it puts the City of Miami in a very negative position, because the City of Miami is doing the very best it can to cooperate with Mr. Arison, whom we've all known since childhood - and a fine man. He understands that, also. Commissioner Gort: Mr. Mayor. Mayor Clark: Mr. Gort. Commissioner Gort: Pauline, I'd like to ask you a question. I think, in reading through my documents, there was a proposal you all put up at one time where you were willing to renew the existing contract with the ten percent addition to it? Ms. Winnick: Commissioner Gort, there were lots of different proposals but... Commissioner Gort: OK. But that was one option at one time. Ms. Winnick: That certainly was one of them that we were looking at. Commissioner Gort: OK. So that three years, that would be another... It would be five years total with the increase. Ms. Winnick: Part of it was redoing the existing season. Commissioner Gort: Right. Ms. Winnick: I don't think that this is the place that we need to sit down and have a negotiation. Commissioner Gort: OK. I understand. But I just want to make sure that I read the right things. 10 November 8, 1995 Ms. Winnick: Yes. Commissioner Gort: OK. Ms. Winnick: And... Yes, you did. Commissioner Gort: Thank you. Mayor Clark: All right. We have a resolution on the floor that was written into the record by Mr. De Yurre. Commissioner Dawkins: And moved by Commissioner De Yurre. Vice Mayor Plummer: I have no problem with it. I'll second. Are you seconding it? Commissioner Dawkins: He moved it. Commissioner De Yurre: Yeah. Vice Mayor Plummer: I'll second it. Mayor Clark: All right. - Vice Mayor Plummer: I see no problem. The only question I have, Mr. Mayor, is the next meeting of November 16th adequate time to get prepared all of the documents that we're asking for? Commissioner Dawkins: Yes. Vice Mayor Plummer: You think it's time? Commissioner Dawkins: Sure. Vice Mayor Plummer: OK. If that's the case, then so be it. Commissioner De Yurre: If they provide it in time. Mayor Clark: All right. No further discussion on the item? Mr. Clerk, please call the roll. be The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 95-780 A RESOLUTION DEMANDING THAT THE MIAMI SPORTS AND EXHIBITION AUTHORITY: (1) EXHAUST ALL POSSIBLE AVENUES TO ENSURE THAT THE MIAMI HEAT REMAINS AT THE MIAMI ARENA; (2) IDENTIFY THE OPERATOR AND THE OWNER(S) OF THE OPERATOR OF THE MIAMI ARENA AND (3) OBTAIN COPIES OF ALL DOCUMENTS REGARDING ANY ASSIGNMENT, TRANSFER, OR SALE OF THE MIAMI ARENA CONTRACT BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND DECOMA MIAMI ASSOCIATES, LTD. AND PROVIDE COPIES TO THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None. ABSENT: None. COMMENTS MADE AFTER ROLL, CALL: Commissioner Dawkins: Mayor Clark, with the permission of the other Commissioners, Mr. Ralph Franklin asked me if I would reconsider. I asked at the last meeting that an emergency ordinance be put off dealing with temporary parking use at special offices, and I would like to read it and move it... Vice Mayor Plummer: Hold... Miller. Commissioner Dawkins: Hmm? Vice Mayor Plummer: Excuse me. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, this was a meeting specially noticed to deal with discussion pertaining to the Heat. I understand what you're saying, but that would... The proper way is for it to be taken up at a regularly scheduled meeting. Commissioner Dawkins: Beg pardon? Mr. Jones: The proper way to handle it would be to take it up at the next regularly scheduled meeting. Commissioner Gort: It hasn't been announced. 12 November 8, 1995 -N Vice Mayor Plummer: It hasn't been advertised. Mr. Maxwell: All right. Commissioner Dawkins: All right. Thank you, sir. Mayor Clark: Thank you, ladies and gentlemen, for being here. Vice Mayor Plummer: Mr. Mayor, if I could just take two seconds... Mayor Clark: Thank you. Vice Mayor Plummer: ... and say to the people of the City of Miami... Commissioner Dawkins: No, no, no. That's political. Vice Mayor Plummer: Thank you. Commissioner Dawkins: That's political. Mayor Clark: Thank you all very much, ladies and gentlemen. THERE. BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE SPECIAL MEETING WAS ADJOURNED AT 10:40 A.M. Stephen P. Clark MAYOR ATTEST: Walter J. Foeman CITY CLERK Maria Josephine Argudin ASSISTANT CITY CLERK 13